676 



retary. directing the Secretary to disapprove any diversion 

 unless he finds that the diversion is In accord with the 

 then applicable comprehensive plan for the area, author- 

 izing the Secretary to accept, in cases of repayment, sub- 

 stitution 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 prescribed stand- 

 ards shall not constitute a diversion, and eliminated pro- 

 visions which required repayment if the land purchased 

 with assistance Is not utilized within five years after the 

 agreement is entered Into in connection with the con- 

 struction of the public work or facility for which the land 

 was acquired. 



Subsec. (e). Pub. L. 90^48 added subsec. (e). 



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

 ministrator" wherever appearing In subsecs. (a), (c), 

 and (d) of this section. 



§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 lin addition to 

 any authority otherwise vested in him) have the 

 functions, powers, and duties set forth in section 

 1749a of Title 12, except subsections (a) , (c) (2) , and 

 (f) thereof. 



(b) The Secretary Is authorized, notwithstand- 

 ing the provisions of section 529 of Title 31, to 

 make advance or progress payments on account of 

 any grant made pursuant to this chapter. No part 

 of any grant authorized to be made by the provi- 

 sions of this chapter shall be used for the payment 

 of ordinary governmental 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.) 



Amendments 

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

 ministrator" wherever appearing In subsecs. (a) and (b) 

 of this section. 



§3106. Definitions. 

 As used in this chapter — 



(a) The term "State" means the several States, 

 the District of Columbia, the Commonwealth of 

 Puerto Rico, and the territories and possessions 

 of the United States. 



(b) The term "local public bodies and agencies" 

 Includes public corporate bodies or political sub- 

 divisions; public agencies or Instrumentalities of 

 one or more States, municipalities, or political sub- 

 divisions of one or more States (Including 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 proj- 

 ects. 



(c) The term "development cost" means the 

 cost of constructing the facility and of acquir- 

 ing the land on which it is located, including 

 necessary site improvements to permit its use a; 

 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 

 sectioi\s 3102 and 3103 of this title shall be paid 

 wages at rates not less than those prevailing on 



similar construction in the locality as determined 

 by the Secretary of Labor in accordance with the 

 Davis-Bacon Act, as amended. No such project shall 

 be approved without first obtaining adequate as- 

 surance that these labor standards will be main- 

 tained upon the construction work. The Secretary 

 of Labor shall have, with respect to the labor stand- 

 ards specified in this section, the authority and 

 functions set forth in Reorganization Plan Num- 

 bered 14 of 1950, and section 276c of Title 40. (Pub. 

 L. 89-117, title VII, § 707, Aug. 10, 1965, 79 Stat. 492.) 



§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 fiscal 

 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 ad- 

 dition, there is authorized to be appropriated for 

 grants under section 3102 of this title not to exceed 

 $115,000,000 for the fiscal year commencing July 1. 



1969. £ind not to exceed $100,000,000 for the fiscal 

 year commencing July 1. 1970. In addition, upon 

 the enactment of the Emergency Community Facil- 

 ities Act of 1970. there is authorized to be appropri- 

 ated for grants under section 702 not to exceed 

 $1,000,000,000 for the fiscal year commencing July 1, 



1970. In addition, there is authorized to be appro- 

 priated for the fiscal year commencing July 1, 1971. 

 not to exceed $50,000,000 for grants under section 

 3103 of this title. 



(b) Any amounts appropriated under this section 

 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 commencing prior to 

 September 30, 1972. (As amended Pub. L. 92-335, 

 § 3, July 1, 1972, 86 Stat. 405.) 



Amendments 



1972 — Subsec. (b). Pub. L. 92-335 substituted "Septem- 

 ber 30. 1972" for "July 1, 1972". 



1970— Subeec. (a). Pub. L. 91-609, § 304(a), authorized 

 appropriation of $50,000,000 for fiscal year commencing 

 July 1, 1971, for grants under secUon 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 the fiscal year commencing July 1. 1970. 



Subsec. (b). Pub. L. 91-609, 5 304(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, 5 305(c). authorized 

 appropriations of not more than $100,000,000 for the fiscal 

 year commencing July 1, 1970. 



Subsec. (b). Pub. L. 91-162, 5 306(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 the fiscal 

 year commencing July I. 1968. and not more than $115,- 

 000,000 for the fiscal year commencing July 1, 1969. 



Subsec. (b) Pub L. 90-448, § 605(a), substituted 

 "July 1. 1970" for "July 1, 1969." 



