42 U.S.C. § 1590 — Definitions

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- Page 4846 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1591 fined in the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.]. (g) The term ‘‘United States Housing Act of 1937’’ [42 U.S.C. 1437 et seq.] means the provi- sions of that Act, including all amendments thereto, now or hereafter adopted, except provi- sions relating to the initial construction of a project or dwelling units. (Oct. 14, 1940, ch. 862, title VI, § 610, as added June 28, 1948, ch. 688, § 7, as added Apr. 20, 1950, ch. 94, title II, § 201, 64 Stat. 59; amended Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669; 1967 Reorg. Plan No. 3, § 402(432), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 948; Pub. L. 93–198, title IV, § 401, Dec. 24, 1973, 87 Stat. 785.) Editorial Notes REFERENCES IN TEXT Subchapters III and VI of this chapter, referred to in subsecs. (b) and (c), were comprised of sections 1531 to 1536 and 1571 to 1576, respectively, of this title and have been omitted from the Code. For further details, see note set out under section 1522 of this title. The provisions of Public Law 781, and Public Laws 9, 73, or 353, referred to in subsec. (b), are not classified to the Code. For further details, see note set out under section 1524 of this title. The United States Housing Act of 1937, referred to in subsecs. (d), (f), and (g), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS In subsec. (a), ‘‘Council of the District of Columbia’’ substituted for ‘‘District of Columbia Council’’ pursu- ant to Pub. L. 93–198, title IV, § 401, Dec. 24, 1973, 87 Stat. 785. District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, and replaced by Council of District of Colum- bia, as provided by section 401 of Pub. L. 93–198. For transfer of functions to Secretary of Housing and Urban Development, see note set out under section 1581 of this title. Executive Documents TRANSFER OF FUNCTIONS Previously, reference to Board of Commissioners of District of Columbia had been changed to District of Columbia Council pursuant to section 402(432) of Reor- ganization Plan No. 3 of 1967, 32 F.R. 11669, eff. Nov. 3, 1967, set out in the Appendix to Title 5, Government Or- ganization and Employees, which transferred the regu- latory and other functions of Board of Commissioners relating to functions under this subchapter previously vested in Board of Commissioners pursuant to this sec- tion to District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions establishing District of Colum- bia Council, see section 201 of the Reorg. Plan No. 3 of 1967. SUBCHAPTER VIII—CRITICAL DEFENSE HOUSING AREAS § 1591. Determination of critical areas by Presi- dent; requisite conditions (a) Notwithstanding any other provisions of this Act, the authority contained in titles II or III of this Act shall not be exercised in any area unless the President shall have determined that such area is a critical defense housing area. (b) No area shall be determined to be a critical defense housing area pursuant to this section unless the President finds that in such area all the following conditions exist: (1) a new defense plant or installation has been or is to be provided, or an existing de- fense plant or installation has been or is to be reactivated or its operation substantially ex- panded; (2) substantial in-migration of defense work- ers or military personnel is required to carry out activities at such plant or installation; and (3) a substantial shortage of housing re- quired for such defense workers or military personnel exists or impends which impedes or threatens to impede activities at such defense plant or installation, or that community fa- cilities or services required for such defense workers or military personnel are not avail- able or are insufficient, or both, as the case may be. (Sept. 1, 1951, ch. 378, title I, § 101, 65 Stat. 293; June 30, 1953, ch. 170, § 15, 67 Stat. 125.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a), (c), and (d), means act Sept. 1, 1951, ch. 378, 65 Stat. 293, known as the Defense Housing and Community Facilities and Services Act of 1951. Title II of this Act enacted sub- chapter X (§ 1750 et seq.) of chapter 13 of Title 12, Banks and Banking, and amended sections 371, 1430, 1702, 1706, 1715c, 1715f, 1716, and 1743 of Title 12. Title III of this Act is classified generally to subchapter IX (§ 1592 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title of 1951 Amendment note set out under section 1501 of this title and Tables. AMENDMENTS 1953—Subsec. (a). Act June 30, 1953, substituted ‘‘ti- tles II or III’’ for ‘‘titles II, III, or IV’’. Statutory Notes and Related Subsidiaries INCONSISTENT LAWS Act Sept. 1, 1951, ch. 378, title VI, § 617, 65 Stat. 317, provided that: ‘‘Insofar as the provisions of any other law are inconsistent with the provisions of this Act [see Short Title of 1951 Amendment note set out under sec- tion 1501 of this title], the provisions of this Act shall be controlling.’’ SEPARABILITY Act Sept. 1, 1951, ch. 378, title VI, § 618, 65 Stat. 317, provided in second sentence that: ‘‘Notwithstanding any other evidence of the intention of Congress, it is hereby declared to be the controlling intent of Congress that if any provisions of this Act [see Short Title of 1951 Amendment note set out under section 1501 of this title], or the application thereof to any persons or cir- cumstances, shall be adjudged by any court of com- petent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Act or its application to other persons and cir- cumstances, but shall be confined in its operation to the provisions of this Act or the application thereof to the persons and circumstances directly involved in the controversy in which such judgment shall have been rendered.’’