42 U.S.C. § 3108 — Authorization of appropriations

Page 5836 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3105 1 See References in Text note below. sion unless he finds that the diversion is in accord with the then applicable comprehensive plan for the area, authorizing the Secretary to accept, in cases of repay- ment, substitution of land of approximately equal fair market value, and stating that an interim use of land for a public or private purpose in accordance with pre- scribed standards shall not constitute a diversion, and eliminated provisions which required repayment if the land purchased with assistance is not utilized within five years after the agreement is entered into in con- nection with the construction of the public work or fa- cility for which the land was acquired. Subsec. (e). Pub. L. 90–448 added subsec. (e). 1967—Subsecs. (a), (c), (d). Pub. L. 90–19 substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. § 3105. Powers and duties of Secretary (a) In the performance of, and with respect to, the functions, powers, and duties vested in him by this chapter, the Secretary shall (in addition to any authority otherwise vested in him) have the functions, powers, and duties set forth in section 1749a 1 of title 12, except subsections (a), (c)(2), and (f) thereof. (b) The Secretary is authorized, notwith- standing the provisions of section 3324(a) and (b) of title 31, to make advance or progress pay- ments on account of any grant made pursuant to this chapter. No part of any grant authorized to be made by the provisions of this chapter shall be used for the payment of ordinary govern- mental operating expenses. (Pub. L. 89–117, title VII, § 705, Aug. 10, 1965, 79 Stat. 492; Pub. L. 90–19, § 22(b), May 25, 1967, 81 Stat. 26.) Editorial Notes REFERENCES IN TEXT Section 1749a of title 12, referred to in subsec. (a), was repealed by Pub. L. 99–498, title VII, § 702, Oct. 17, 1986, 100 Stat. 1545. CODIFICATION In subsec. (b), ‘‘section 3324(a) and (b) of title 31’’ sub- stituted for ‘‘section 3648 of the Revised Statutes [31 U.S.C. 529]’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. AMENDMENTS 1967—Pub. L. 90–19 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing. § 3106. Definitions As used in this chapter— (a) The term ‘‘State’’ means the several States, the District of Columbia, the Common- wealth of Puerto Rico, and the territories and possessions of the United States. (b) The term ‘‘local public bodies and agen- cies’’ includes public corporate bodies or polit- ical subdivisions; public agencies or instrumen- talities of one or more States, municipalities, or political subdivisions of one or more States (in- cluding public agencies and instrumentalities of one or more municipalities or other political subdivisions of one or more States); Indian tribes; and boards or commissions established under the laws of any State to finance specific capital improvement projects. (c) The term ‘‘development cost’’ means the cost of constructing the facility and of acquiring the land on which it is located, including nec- essary site improvements to permit its use as a site for the facility. (Pub. L. 89–117, title VII, § 706, Aug. 10, 1965, 79 Stat. 492.) § 3107. Labor standards All laborers and mechanics employed by con- tractors or subcontractors on projects assisted under sections 3102 and 3103 of this title shall be paid wages at rates not less than those pre- vailing on similar construction in the locality as determined by the Secretary of Labor in ac- cordance with sections 3141–3144, 3146, and 3147 of title 40. No such project shall be approved with- out first obtaining adequate assurance that these labor standards will be maintained upon the construction work. The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and func- tions set forth in Reorganization Plan Num- bered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), and section 3145 of title 40. (Pub. L. 89–117, title VII, § 707, Aug. 10, 1965, 79 Stat. 492.) Editorial Notes REFERENCES IN TEXT Sections 3102 and 3103 of this title, referred to in text, were omitted from the Code pursuant to section 5316 of this title which terminated the authority to make grants or loans under those sections after Jan. 1, 1975. Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Govern- ment Organization and Employees. CODIFICATION In text, ‘‘sections 3141–3144, 3146, and 3147 of title 40’’ substituted for ‘‘the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a–5)’’ and ‘‘section 3145 of title 40’’ sub- stituted ‘‘section 2 of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276c)’’, on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Build- ings, Property, and Works. § 3108. Authorization of appropriations (a) There are authorized to be appropriated for each fiscal year commencing after June 30, 1965, and ending prior to July 1, 1969, not to exceed (1) $200,000,000 (or $350,000,000 in the case of the fis- cal year commencing July 1, 1968) for grants under section 3102 of this title, (2) $50,000,000 for grants under section 3103 of this title, and (3) $25,000,000 for grants under section 3104 of this title. In addition, there is authorized to be ap- propriated for grants under section 3102 of this title not to exceed $115,000,000 for the fiscal year commencing July 1, 1969, and not to exceed $100,000,000 for the fiscal year commencing July 1, 1970. In addition, upon the enactment of the Emergency Community Facilities Act of 1970, there is authorized to be appropriated for grants under section 3102 of this title not to exceed $1,000,000,000 for the fiscal year commencing July 1, 1970. In addition, there is authorized to be appropriated for the fiscal year commencing July 1, 1971, not to exceed $50,000,000 for grants Page 5837 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3108 under section 3103 of this title. In addition, there are authorized to be appropriated for the fiscal year commencing July 1, 1973, not to exceed $40,000,000 for grants under section 3103 of this title. (b) Any amounts appropriated under this sec- tion shall remain available until expended, and any amounts authorized for any fiscal year under this section but not appropriated may be appropriated for any succeeding fiscal year com- mencing prior to July 1, 1974. (Pub. L. 89–117, title VII, § 708, Aug. 10, 1965, 79 Stat. 493; Pub. L. 90–448, title VI, § 605, Aug. 1, 1968, 82 Stat. 534; Pub. L. 91–152, title III, § 305(b), (c), Dec. 24, 1969, 83 Stat. 391; Pub. L. 91–431, § 3(a), (b), Oct. 6, 1970, 84 Stat. 886; Pub. L. 91–609, title III, § 304, Dec. 31, 1970, 84 Stat. 1780; Pub. L. 92–335, § 3, July 1, 1972, 86 Stat. 405; Pub. L. 93–117, § 8, Oct. 2, 1973, 87 Stat. 422.) Editorial Notes REFERENCES IN TEXT Sections 3102 and 3103 of this title, referred to in sub- sec. (a), were omitted from the Code pursuant to sec- tion 5316 of this title which terminated the authority to make grants or loans under those sections after Jan. 1, 1975. The Emergency Community Facilities Act of 1970, re- ferred to in subsec. (a), is Pub. L. 91–431, Oct. 6, 1970, 84 Stat. 886, which amended sections 3102 and 3108 of this title, and enacted a provision set out as a note under this section. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. AMENDMENTS 1973—Subsec. (a). Pub. L. 93–117, § 8(a), provided for neighborhood facility grant authorization of $40,000,000 for fiscal year commencing July 1, 1973. Subsec. (b). Pub. L. 93–117, § 8(b), substituted ‘‘July 1, 1974’’ for ‘‘September 30, 1972’’. 1972—Subsec. (b). Pub. L. 92–335 substituted ‘‘Sep- tember 30, 1972’’ for ‘‘July 1, 1972’’. 1970—Subsec. (a). Pub. L. 91–609, § 304(a), authorized appropriation of $50,000,000 for fiscal year commencing July 1, 1971, for grants under section 3103 of this title. Pub. L. 91–431, § 3(a), authorized appropriations for grants under section 3102 of this title of not to exceed $1,000,000,000 for fiscal year commencing July 1, 1970. Subsec. (b). Pub. L. 91–609, § 304(b), substituted ‘‘July 1, 1972’’ for ‘‘July 1, 1971’’. Pub. L. 91–431, § 3(b), substituted ‘‘July 1, 1972’’ for ‘‘July 1, 1971’’. 1969—Subsec. (a). Pub. L. 91–152, § 305(c), authorized appropriations of not more than $100,000,000 for fiscal year commencing July 1, 1970. Subsec. (b). Pub. L. 91–152, § 305(b), substituted ‘‘July 1, 1971’’ for ‘‘July 1, 1970’’. 1968—Subsec. (a). Pub. L. 90–448, § 605(b), authorized appropriations of not more than $350,000,000 for fiscal year commencing July 1, 1968, and not more than $115,000,000 for fiscal year commencing July 1, 1969. Subsec. (b). Pub. L. 90–448, § 605(a), substituted ‘‘July 1, 1970’’ for ‘‘July 1, 1969’’. Statutory Notes and Related Subsidiaries CONGRESSIONAL STATEMENT OF FINDINGS Pub. L. 91–431, § 2, Oct. 6, 1970, 84 Stat. 886, provided that: ‘‘(a) The Congress finds that a large number of mu- nicipalities and other entities of local government throughout the Nation are unable to finance construc- tion of vital and urgently needed public facilities be- cause of the shortage of funds for long-term borrowing. ‘‘(b) The Congress further finds that there is an im- mediate need for such facilities in order to provide basic safeguards for the health and well-being of the people of the United States, to check widespread pollu- tion of irreplaceable water sources, and to provide an effective and practical method of combating rising un- employment.’’ ADMINISTRATIVE PRIORITY FOR APPLICATIONS RELATING TO ACTIVITIES IN AREAS AFFECTED BY BASE CLOSINGS State or unit of local government or agency thereof affected by reduction in level of expenditure or employ- ment at Department of Defense installation located in or near such State or unit of local government, priority in processing applications for assistance under this sec- tion, see section 1453a of this title. CHAPTER 38—PUBLIC WORKS AND ECONOMIC DEVELOPMENT Sec. 3121. Findings and declarations. 3122. Definitions. 3123. Discrimination on basis of sex prohibited in federally assisted programs. SUBCHAPTER I—ECONOMIC DEVELOPMENT PART- NERSHIPS COOPERATION AND COORDINATION 3131. Establishment of economic development part- nerships. 3132. Cooperation of Federal agencies. 3133. Coordination. SUBCHAPTER II—GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT 3141. Grants for public works and economic devel- opment. 3142. Base closings and realignments. 3143. Grants for planning and grants for adminis- trative expenses. 3144. Cost sharing. 3145. Supplementary grants. 3146. Regulations on relative needs and alloca- tions. 3147. Grants for training, research, and technical assistance. 3148. Investment priorities. 3149. Grants for economic adjustment. 3150. Changed project circumstances. 3151. Use of funds in projects constructed under projected cost. 3152. Reports by recipients. 3153. Prohibition on use of funds for attorney’s and consultant’s fees. 3154. Special impact areas. 3154a. Performance awards. 3154b. Planning performance awards. 3154c. Direct expenditure or redistribution by re- cipient. 3154d. Renewable energy program. 3154e. Workforce training grants. 3154f. Congressional notification requirements. 3154g. High-speed broadband deployment initiative. 3154h. Critical Supply Chain Site Development grant program. SUBCHAPTER III—ELIGIBILITY; COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES 3161. Eligibility of areas. 3162. Comprehensive economic development strate- gies. SUBCHAPTER IV—ECONOMIC DEVELOPMENT DISTRICTS 3171. Designation of economic development dis- tricts. 3172. Termination or modification of economic de- velopment districts. 3173. Repealed. 3174. Provision of comprehensive economic devel- opment strategies to Regional Commis- sions.