42 U.S.C. § 3104 — Advance acquisition of land for public

Page 5835 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3104 1966, 31 F.R. 6857, 80 Stat. 1608; Pub. L. 90–19, § 22(b), (g), May 25, 1967, 81 Stat. 26, 27; Pub. L. 90–448, title VI, § 604, Aug. 1, 1968, 82 Stat. 534; Pub. L. 91–152, title III, § 305(a), Dec. 24, 1969, 83 Stat. 391; Pub. L. 91–431, § 3(c), Oct. 6, 1970, 84 Stat. 886; 1970 Reorg. Plan No. 3, § 2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087; Pub. L. 92–213, § 6, Dec. 22, 1971, 85 Stat. 776; Pub. L. 92–335, § 7, July 1, 1972, 86 Stat. 405; Pub. L. 93–117, § 9, Oct. 2, 1973, 87 Stat. 423, which authorized grants for basic water and sewer facilities, was omitted pursuant to section 5316 of this title which terminated the authority to make grants or loans under this section after Jan. 1, 1975. Section 3103, Pub. L. 89–117, title VII, § 703, Aug. 10, 1965, 79 Stat. 491; Pub. L. 90–19, § 22(b), May 25, 1967, 81 Stat. 26; Pub. L. 98–181, title I [title I, § 126(b)(2)], Nov. 30, 1983, 97 Stat. 1175, which authorized grants for neighborhood facilities, was omitted pursuant to sec- tion 5316 of this title which terminated the authority to make grants or loans under this section after Jan. 1, 1975. § 3104. Advance acquisition of land for public purposes (a) Authority to make grants In order to encourage and assist the timely ac- quisition of land planned to be utilized in the fu- ture for public purposes, the Secretary is au- thorized to make grants to States and local pub- lic bodies and agencies to assist in financing the acquisition of a fee simple estate or other inter- est in such land. (b) Maximum amount of grants The amount of any grant made under this sec- tion shall not exceed the aggregate amount of reasonable interest charges on the loans or other financial obligations incurred to finance the acquisition of such land for a period not in excess of the lesser of (1) five years from the date of acquisition of such land or (2) the period of time between the date on which the land was acquired and the date its use began for the pur- pose for which it was acquired: Provided, That where all or any portion of the cost of such land is not financed through borrowings, the amount of the grant shall be computed on the basis of the aggregate amount of reasonable interest charges that the Secretary determines would have been required. (c) Utilization of land for public purpose within reasonable period of time No grant shall be made under this section un- less the Secretary determines that the land will be utilized for a public purpose within a reason- able period of time and that such utilization will contribute to economy, efficiency, and the com- prehensively planned development of the area. The Secretary shall in all cases require that land acquired with the assistance of a grant under this section be utilized for a public pur- pose within five years after the date on which a contract to make such grant is entered into, un- less the Secretary determines that due to un- usual circumstances a longer period of time is necessary and in the public interest. (d) Diversion of land; repayment; interim use No land acquired with assistance under this section shall, without approval of the Secretary, be diverted from the purpose originally ap- proved. The Secretary shall approve no such di- version unless he finds that the diversion is in accord with the then applicable comprehensive plan for the area. In cases of a diversion of land to other than a public purpose, the Secretary may require repayment of the grant, or substi- tution of land of approximately equal fair mar- ket value, whichever he deems appropriate. An interim use of the land for a public or private purpose in accordance with standards prescribed by the Secretary, or approved by him, shall not constitute a diversion within the meaning of this subsection. (e) Eligibility for other Federal loans or grant programs Notwithstanding any other provision of law, no project for which land is acquired with assist- ance under this section shall, solely as a result of such advance acquisition, be considered ineli- gible for the purpose of any other Federal loan or grant program, and the amount of the pur- chase price paid for the land by the recipient of a grant under this section may be considered an eligible cost for the purpose of such other Fed- eral loan or grant program. (Pub. L. 89–117, title VII, § 704, Aug. 10, 1965, 79 Stat. 491; Pub. L. 90–19, § 22(b), May 25, 1967, 81 Stat. 26; Pub. L. 90–448, title VI, § 603(b), Aug. 1, 1968, 82 Stat. 533; Pub. L. 96–470, title I, § 107(c), Oct. 19, 1980, 94 Stat. 2238.) Editorial Notes AMENDMENTS 1980—Subsec. (c). Pub. L. 96–470 substituted ‘‘unless the Secretary determines that due to unusual cir- cumstances a longer period of time is necessary and in the public interest’’ for ‘‘unless the Secretary (1) deter- mines that due to unusual circumstances a longer pe- riod of time is necessary and in the public interest, and (2) reports such determination promptly to the Com- mittees on Banking and Currency of the Senate and House of Representatives’’. 1968—Subsec. (a). Pub. L. 90–448 substituted ‘‘to be utilized in the future for public purposes’’ for ‘‘to be utilized in connection with the future construction of public works or facilities’’. Subsec. (b). Pub. L. 90–448 changed the period from not more than the lesser of (1) five years from the date such loan was made or such financial obligation was in- curred, or (2) the period of time between the date such loan was made or such financial obligation was in- curred and the date construction is begun on the public work or facility, to not more than the lesser of (1) five years from the date of acquisition of such land, or (2) the period of time between the date on which the land was acquired and the date its use began for the purpose for which it was acquired, and inserted proviso requir- ing the amount of the grant, where all or any portion of the cost of land is not financed through borrowings, to be computed on the basis of the aggregate amount of reasonable interest charges that the Secretary deter- mines would have been required. Subsec. (c). Pub. L. 90–448 substituted provisions re- quiring the Secretary to determine that the land will be utilized for a public purpose within a reasonable pe- riod of time, for provisions which required a determina- tion that the public work or facility for which the land is to be utilized is planned to be constructed or initi- ated within a reasonable period of time, empowered the Secretary to extend the time if he determines that due to unusual circumstances a longer period of time is necessary and in the public interest, and required a prompt report of such determination to Congressional Committees. Subsec. (d). Pub. L. 90–448 inserted provisions prohib- iting diversion of land without approval of the Sec- retary, directing the Secretary to disapprove any diver- 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