42 U.S.C. § 1589d — Undisposed housing

Page 4845 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1590 ment as demountable, in the area of San Diego, California, is needed to provide dwelling accom- modations for members of a tribe of Indians in Riverside County or San Diego County or Impe- rial County, California, the Secretary of Hous- ing and Urban Development is authorized, not- withstanding any other provision of law, to transfer and convey such housing without con- sideration to such tribe, the members thereof, or the Secretary of the Interior in trust therefor, as the Secretary may prescribe: Provided, That the term housing as used in this section shall not include land. (Oct. 14, 1940, ch. 862, title VI, § 613, as added Aug. 2, 1954, ch. 649, title VIII, § 805(3), 68 Stat. 645; amended Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions to Secretary of Housing and Urban Development, see note set out under section 1581 of this title. § 1589d. Undisposed housing (a) Disposal to highest bidder; rejection of bids; disposal by negotiation Notwithstanding the provisions of this or any other law, (1) any housing to be sold on-site de- termined by the Secretary of Housing and Urban Development to be permanent, located on lands owned by the United States and under the juris- diction of the Secretary, which is not relin- quished, transferred, under contract of sale, sold, or otherwise disposed of by the Secretary under other provisions of this subchapter or under the provisions of other law by January 1, 1957, except housing which is determined by the Secretary by that date to be suitable for sale in accordance with section 1587(b) of this title; and (2) any permanent housing to be sold off-site which is not relinquished, transferred, under contract of sale, sold, or otherwise disposed of prior to August 7, 1956, shall be disposed of, as expeditiously as possible, on a competitive basis to the highest responsible bidder upon such terms and after such public advertisement as the Secretary of Housing and Urban Develop- ment may deem in the public interest; except that the Secretary of Housing and Urban Devel- opment may reject any bid which the Secretary deems less than the fair market value of the property and may thereafter dispose of the prop- erty by negotiation. (b) Contracts; time for passage of title; termi- nation of purchaser’s rights Notwithstanding the provisions of this or any other law, all contracts entered into after Au- gust 7, 1956, for the sale, transfer, or other dis- posal of housing (other than housing subject to the provisions of section 1587(b) of this title) de- termined by the Secretary of Housing and Urban Development to be permanent, except contracts entered into pursuant to subsection (a) hereof, shall require that if title does not pass to the purchaser by April 1, 1957 (or within sixty days thereafter if such time is necessary to cure de- fects in title in accordance with the provisions of the contract), the rights of the purchaser shall terminate and thereafter the housing shall be sold under the provisions of subsection (a) hereof. For the purposes of this subsection, title shall be considered to have passed upon the exe- cution of a conditional sales contract. (c) Dates The dates set forth in subsections (a) and (b) of this section shall not be subject to change by virtue of the provisions of section 1589a of this title. (Oct. 14, 1940, ch. 862, title VI, § 614, as added Aug. 7, 1956, ch. 1029, title IV, § 407(a), 70 Stat. 1106; amended Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions to Secretary of Housing and Urban Development, see note set out under section 1581 of this title. § 1590. Definitions As used in this subchapter, the following terms shall have the meanings ascribed to them below, unless the context clearly indicates oth- erwise: (a) The term ‘‘governing body of the munici- pality or county’’ means the governing body of the city, village, or other municipality having general governmental authority over the area in which the housing involved is located or, if the housing is not located in such a municipality, the term means the governing body of the coun- ty or parish in which the housing is located, or if the housing is located in the District of Co- lumbia the term means the Council of the Dis- trict of Columbia. (b) The term ‘‘housing’’ means any housing under the jurisdiction of the Secretary of Hous- ing and Urban Development (including trailers and other mobile or portable housing) con- structed, acquired, or made available under sub- chapters II to VII of this chapter or Public Law 781, Seventy-sixth Congress, approved Sep- tember 9, 1940, or Public Laws 9, 73, or 353, Sev- enty-seventh Congress, approved, respectively, March 1, 1941, May 24, 1941, and December 17, 1941, or any other law, and includes in addition to dwellings any structures, appurtenances, and other property, real or personal, acquired for or held in connection therewith. (c) The term ‘‘temporary housing’’ means any housing (as defined in (b)) which the Secretary of Housing and Urban Development has deter- mined to be ‘‘of a temporary character’’ pursu- ant to subchapters II to VII of this chapter and shall also include any such housing after rights thereto have been relinquished or transferred under this subchapter or section 1575 of this title. (d) The terms ‘‘veteran’’ and ‘‘serviceman’’ mean ‘‘veteran’’ and ‘‘serviceman’’ as those terms are defined in the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.]. (e) The term ‘‘State’’ means any State, Terri- tory, dependency, or possession of the United States, or the District of Columbia. (f) The term ‘‘going Federal rate of interest’’ means ‘‘going Federal rate’’ as that term is de-