675 



made under this section for a neighborhood facility, 

 such facility shall not, without the ajsproval of the 

 Secretary, be converted to uses other than those 

 proposed by the applicant In its application for a 

 grant. The Secretary shall not approve any con- 

 version in the use of such a neighborhood facility 

 during such twenty-year period unless he finds that 

 such conversion is in accordance with the then ap- 

 plicable program of health, recreational, social, or 

 similar community services in the area and consist- 

 ent with comprehensive planning for the develop- 

 ment of the community in which the facility is 

 located. In approving any such conversion, the Sec- 

 retary may impose such additional conditions and 

 requirements as he deems necessary. 



(e) Priority of projects designed primarily to benefit 

 low-income families or further objectives of com- 

 munity action programs. 



The Secretary shall give priority to applications 

 for projects designed primarily to benefit mem- 

 bers of low-income families or otherwise substan- 

 tially further the objectives of a community action 

 program approved under subchapter II of chapter 

 34 of this title. (Pub. L. 89-117, title VII, § 703, Aug. 

 10, 1965, 79 SUt. 491; Pub. L. 90-19, § 22(b), May 25, 

 1967, 81 Stat. 26.) 



Amendments 



1967— Pub. L. 90-19 substituted "Secretary" for "Ad- 

 ministrator" wherever appearing In subsecs. (a) and 

 (c) — (e) of this section. 



§ 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 future 

 for public purposes, the Secretary Is authorized to 

 make grants to States and local public bodies and 

 agencies to assist in financing the acquisition of a 

 fee simple estate or other interest In such land. 



(b) Maximum amount of grants. 



The amount of any grant made under this section 

 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 purpose 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 unless 

 the Secretary determines that the land will be util- 

 ized for a public purpose within a reasonable period 

 of time and that such utilization will contribute to 

 economy, efficiency, and the comprehensively plan- 

 ned development of the area. The Secretary shall in 

 all cases require that land acquired with the assist- 

 ance of a grant under this section be utilized for a 

 public purpose within five years after the date on 



which a contract to make such grant Is entered 

 into, unless the Secretary (1) determines that due 

 to unusual circumstances a longer period of time 

 is necessary and in the public interest, and (2) re- 

 ports such determination promptly to the Commit- 

 tees on Banking and Currency of the Senate and 

 House of Representatives. 



(d) Diversion of land; repayment; interim use. 



No land acquired with assistance under this sec- 

 tion shall, without approval of the Secretary, be 

 diverted from the purpose originally approved. The 

 Secretary shall approve no such diversion 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 substitution of land of approximately equal fair 

 market value, whichever he deems appropriate. An 

 interim use of the land for a public or private pur- 

 pose in accordance with standards prescribed by 

 the Secretary, or approved by him, shall not consti- 

 tute 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 assistance 

 under this section shall, solely as a result of such 

 advance acquisition, be considered ineligible for the 

 purpose of any other Federal loan or grant program, 

 and the amount of the purchase 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 Federal loan or grant program. (Pub. 

 L. 89-117. title VII. § 704. Aug. 10. 1965, 79 Stat. 491; 

 Pub. L. 90-19, §22ib). May 25, 1967, 81 Stat. 26; 

 Pub. L. 90-448. title VI, § 603(b). Aug. 1, 1968, 82 

 Stat. 533.1 



Amendments 



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 (11 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 Incurred 

 and the date construction Is begun on the public worlf 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 requiring 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 determines 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 period 

 of time, for provisions which required a determination 

 that the public work or facility for which the land Is to be 

 utilized Is planned to be constructed or Initiated within a 

 reasonable period of time, empowered the Secretary to 

 extend the time If he determines that due to unusual cir- 

 cumstances 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 pro- 

 hibiting diversion of land without approval of the Sec- 



