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serve open spaces, natural beauty, wildlife or recreational resources, or prevent air or water pollution, in such manner as the Secretary may prescribe (priority being given to the extent practicable to practices or uses which are most likely to result in permanent retirement to noncrop uses); (2) to maintain in conserving crops or uses or allow to remain idle throughout the agreement period the acreage normally devoted to such crops or uses; (3) not to harvest any crop from or graze the designated acreage during the agreement period, unless the Secretary, after certification by the Governor of the State in which such acreage is situated of the need for grazing or harvesting of such acreage, determines that it is necessary to permit grazing or harvesting in order to alleviate damage, hardship, or suffering caused by severe drought, flood, or other natural disaster, and consents to such grazing or harvesting subject to an appropriate reduction in the rate of payment; and (4) to such additional terms and conditions as the Secretary determines are desirable to effectuate the purposes of the program, including such measures as the Secretary may deem appropriate to keep the designated acreage free from erosion, insects, weeds, and rodents. Agreements entered into under which 1966 is the first year of the agreement period (A) shall require the producer to divert from production all of one or more crops designated by the Secretary; and B) shall not provide for diversion from the production of upland cotton in any county in which the county committee by resolution determines, and requests of the Secretary, that there should not be such diversion in 1966. (c) Federal costs; annual adjustment payment.

Under such agreements the Secretary shall (1) bear such part of the average cost (including labor) for the county or area in which the farm is situated of establishing and maintaining authorized practices or uses on the designated acreage as the Secretary determines to be necessary to effectuate the purposes of the program, but not to exceed the average rate for comparable practices or uses under the agricultural conservation program, and (2) make an annual adjustment payment to the producer for the period of the agreement at such rate or rates as the Secretary determines to be fair and reasonable in consideration of the obligations undertaken by the producers. The rate or rates of annual adjustment payments as determined hereunder may be increased by an amount determined by the Secretary to be appropriate in relation to the benefit to the general public of the use of the designated acreage if the producer further agrees to permit, without other compensation, access to such acreage by the general public, during the agreement period, for hunting, trapping, fishing, and hiking, subject to applicable State and Federal regulations. The Secretary and the producer may agree that the annual adjustment payments for all years of the agreement period shall be made either upon approval of the agreement or in such installments as they may agree to be desirable: Provided, That for each year any annual adjustment payment is made in advance of performance, the annual adjustment payment shall be

reduced by 5 per centum. The Secretary may provide for adjusting any payment on account of failure to comply with the terms and conditions of the program. (d) Advertising and bid procedures.

The Secretary shall, unless he determines that such action will be inconsistent with the effective administration of the program, use an advertising and bid procedure in determining the lands in any area to be covered by agreements. The total acreage placed under contract in any county or local community shall be limited to a percentage of the total eligible acreage in such county or local community which the Secretary determines would not adversely affect the economy of the county or local community. In determining such percentage the Secretary shall give appropriate consideration to the productivity of the acreage being retired as compared to the average productivity of eligible acreage in the county or local community. (e) Annual adjustment payment; limitation.

The annual adjustment payment shall not exceed 40 per centum of the estimated value, as determined by the Secretary, on the basis of prices in effect at the time the agreement is entered into, of the crops or types of crops which might otherwise be grown. The estimated value may be established by the Secretary on a county, area, or individual farm basis as he deems appropriate. (f) Termination or modification of agreements.

The Secretary may terminate any agreement with a producer by mutual agreement with the producer if the Secretary determines that such termination would be in the public interest, and may agree to such modification of agreements as he may determine to be desirable to carry out the purposes of the program or facilitate its administration. (g) Allotment histories.

Notwithstanding any other provision of law, the Secretary of Agriculture may, to the extent he deems it desirable, provide by appropriate regulations for preservation of cropland, crop acreage, and allotment history applicable to acreage diverted from the production of crops in order to establish or maintain vegetative cover or other approved practices for the purpose of any Federal program under which such history is used as a basis for an allotment or other limitation or for participation in such program. (h) Utilization of local, county, and State committees.

In carrying out the program, the Secretary shall utilize the services of local, county, and State committees established under section 590h of Title 16. (i) Transfer of funds.

For the purpose of obtaining an increase in the permanent retirement of cropland to noncrop uses the Secretary may, notwithstanding any other provision of law, transfer funds available for carrying out the program to any other Federal agency or to States or local government agencies for use in acquiring cropland for the preservation of open spaces, natural beauty, the development of wildlife or recreational facilities, or the prevention of air or water pollution under terms and conditions consistent with and at costs not greater than those under agreements entered into with producers, provided the Secretary determines that the purposes of the program will be accomplished by such action. (j) Conservation of open spaces, natural beauty, and

recreational resources, and prevention of pollu

tion. The Secretary also is authorized to share the cost with State and local governmental agencies in the establishment of practices or uses which will establish, protect, and conserve open spaces, natural beauty, wildlife or recreational resources, or prevent air or water pollution under terms and conditions and at costs consistent with those under agreements entered into with producers, provided the Secretary determines that the purposes of the program will be accomplished by such action. (k) Limitation on payments during any calendar year.

In carrying out the program, the Secretary shall not during any of the fiscal years ending June 30. 1966 through June 30, 1969 or during the period June 30, 1969 through December 31, 1970, enter into agreements with producers which would require payments to producers in any calendar year under such agreements in excess of $225,000,000 plus any amount by which agreements entered into in prior fiscal years require payments in amounts less than authorized for such prior fiscal years. For purposes of applying this limitation, the annual adjustment payment shall be chargeable to the year in which performance is rendered regardless of the year in which it is made. (1) Use of facilities of Commodity Credit Corporation.

The Secretary is authorized to utilize the facilities, services, authorities, and funds of the Commodity Credit Corporation in discharging his functions and responsibilities under this program, including payment of costs of administration: Provided, That after December 31, 1966, the Commodity Credit Corporation shall not make any expenditures for carrying out the purposes of this subchapter unless the Cor. poration has received funds to cover such expenditures from appropriations made to carry out the purposes of this subchapter. There are hereby authorized to be appropriated such sums as may be necessary to carry out the program, including such amounts as may be required to make payments to the Corporation for its actual costs incurred or to be incurred under this program. (m) Payment to successor upon death, incompetence,

or disappearance of producer entitled to payment. In case any producer who is entitled to any payment or compensation dies, becomes incompetent, or disappears before receiving such payment or compensation, or is succeeded by another who renders

or completes the required performance, the payment or compensation shall, without regard to any other provisions of law, be made as the Secretary may determine to be fair and reasonable in all the circumstances and so provide by regulations. (n) Sharing of compensation or payments with ten

ants and sharecroppers. The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers, including provision for sharing, on a fair and equitable basis, in payments or compensation under this program. (0) Effect of diversion on commodity programs.

The acreage on any farm which is diverted fron the production of any commodity pursuant to an agreement hereafter entered into under this subchapter shall be deemed to be acreage diverted from that commodity for the purposes of any commodity program under which diversion is required as a con. dition of eligibility for price support. (p) Advisory Board on Wildlife; membership.

The Secretary may, without regard to the civil service laws, appoint an Advisory Board on Wildlife to advise and consult on matters relating to his functions under this subchapter as he deems appropriate. The Board shall consist of twelve persons chosen from members of wildlife organizations, farm organizations, State game and fish agencies, and representatives of the general public. Members of such Advisory Board who are not regular full-time employees of the United States shall not be entitled to any compensation or expenses. (q) Rules and regulations.

The Secretary shall prescribe such regulations as he determines necessary to carry out the provisions of this subchapter. (Pub. L. 89-321, title VI, $ 602, Nov. 3, 1965, 79 Stat. 1206; Pub. L. 90-210, Dec. 18, 1967, 81 Stat. 657; Pub. L. 90–559, § 1(1), (7), Oct. 11, 1968, 82 Stat. 996.)

REFERENCES IN TEXT The civil service laws, referred to in subsec. (p), are classified generally to Title 5, Government Organization and Employees.

CODIFICATION The last sentence of section 602(g) of Pub. L. 89-321 repealed section 590p(b) (3), (4), and (e) (6) of Title 16, Conservation, and was omitted from subsec. (g) of this section,

AMENDMENTS 1968–Subsec. (a). Pub. L. 90-559, $ 1(1), provided for a one year extension through 1970.

Subsec. (k). Pub. L. 90-559, § 1(7), substituted “June 30. 1969" for "June 30. 1968" in two instances and "December 31, 1970" for "December 31, 1969".

1967–Subsec. (a). Pub. L. 90-210 permitted a farm to be placed in the cropland adjustment program without regard to the length of past ownership if that farm was acquired in replacement of an eligible farm which was taken by any Federal, State, or other agency by means of eminent domain proceedings.

7. Basic Water and Sewer Facilities

42 U.S.C. 3101_3108

Sec.
3101. Congressional declaration of purpose.
3102. Grants for basic water and sewer facilities.

(a) Authority to make grants for specific

projects. (b) Maximum amount of grants. (c) Project requirements; need for facilities;

growth needs of area; coordination of

area-wide development. (d) Job opportunities for unemployed or under

employed persons. 3103. Grants for neighborhood facilities.

(a) Authority to make grants for specific proj

ects; qualifications of approved nonprofit

organizations. (b) Maximum amount of grants. (c) Project requirements; need for facilities;

comprehensive planning; accessibility to

low- or moderate-income residents. (d) Conversion of facility to other uses. (e) Priority of projects designed primarily to

benefit low-income families or further

objectives of community action programs. 3104. Advance acquisition of land for public purposes.

(a) Authority to make grants.
(b) Maximum amount of grants.
(c) Utilization of land for public purpose within

reasonable period of time.
(d) Diversion of land; repayment; interim use.
(e) Eligibility for other Federal loans or grant

programs. 3105. Powers and duties of Secretary. 3106. Definitions. 3107. Labor standards. 3108. Authorization of appropriations. 8 3101. Congressional declaration of purpose.

The purpose of this chapter is to assist and encourage the communities of the Nation fully to meet the needs of their citizens by making it possible, with Federal grant assistance, for their governmental bodies (1) to construct adequate basic water and sewer facilities needed to promote the efficient and orderly growth and development of our communities, (2) to construct neighborhood facilities needed to enable them to carry on programs of necessary social services, and (3) to acquire, in a planned and orderly fashion, land to be utilized in the future for public purposes. (Pub. L. 89–117, title VII, § 701, Aug. 10, 1965, 79 Stat. 489; Pub. L. 90–448, title VI, $ 603(a), Aug. 1, 1968, 82 Stat. 533.)

AMENDMENTS 1968–Pub. L. 90-448, substituted "in the future for public purposes" for "in connection with the future construction of public works and facilities in cl. (3). 83102. Grants for basic water and sewer facilities. (a) Authority to make grants for specific projects.

The Secretary of Housing and Urban Development (hereinafter in this chapter referred to as the "Secretary") is authorized to make grants to local public bodies and agencies to finance specific projects for basic public water facilities (including works for the storage, treatment, purification, and distribution of water), and for basic public sewer facilities (other than "treatment works" as defined in the Federal Water Pollution Control Act): Provided, That no grant shall be made under this

section for any sewer facilities unless the Administrator of the Environmental Protection Agency certifies to the Secretary that any waste material carried by such facilities will be adequately treated before it is discharged into any public waterway so as to meet applicable Federal, State, interstate, or local water quality standards. (b) Maximum amount of grants.

The amount of any grant made under the authority of this section shall not exceed 50 per centum of the development cost of the project: Provided, That in the case of a community having a popula. tion of less than ten thousand, according to the most recent decennial census, which is situated within a metropolitan area, the Secretary may increase the amount of a grant for a basic public water or sewer facility assisted under this section to not more than 90 per centum of the development cost of such facility, if the community is unable to finance the construction of such facility without the increased grant authorized under this subsection, and if in such community (1) there does not exist a public or other adequate water or sewer facility which serves a substantial portion of the inhabitants of the community, and (2) the rate of unemployment is, and has been continuously for the preceding calendar year, 100 per centum above the national average: And provided further, That the limitations and restrictions contained in subsection (c) of this section shall not be applicable to any community applying for an increased grant under this subsection. (c) Project requirements; need for facilities; growth

needs of area; coordination of areawide develop

ment. No grant shall be made under this section in connection with any project unless the Secretary determines that the project is necessary to provide adequate water or sewer facilities for, and will contribute to the improvement of the health or living standards of, the people in the community to be served, and that the project is (1) designed so that an adequate capacity will be available to serve the reasonably foreseeable growth needs of the area; (2) consistent with a program meeting criteria, established by the Secretary, for a unified or officially coordinated areawide water or sewer facilities system as part of the comprehensively planned development of the area, except that prior to October 1, 1971, grants may, in the discretion of the Secretary, be made under this section when such a program for an areawide water and sewer facilities system is under active preparation, although not yet completed, if the facility or facilities for which assistance is sought can reasonably be expected to be required as a part of such program. and there is urgent need for the facility or facilities: and (3) necessary to orderly community develop i ment.

(d) Job opportunities for unemployed or underem

ployed persons. In the administration of this section the Secretary shall require that, to the greatest extent practicable, new job opportunities be provided for unemployed or underemployed persons in connection with projects the financing of which is assisted under this section. (Pub. L. 89–117, title VII, § 702, Aug. 10, 1965, 79 Stat. 490; 1966 Reorg. Plan No. 2, eff. May 10, 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 FR. 15623, 84 Stat. .)

REFERENCES IN TEXT The Federal Water Pollution Control Act, referred to in subsec. (a), is classified to section 1151 et seq. of Title 33, Navigation and Navigable Waters. The definitions section of the Act is classified to section 1173 of Title 33.

AMENDMENTS 1970_Subsec. (c) (2). Pub. L. 91-431 substituted "October 1, 1971" for "October 1, 1970".

1969–Subsec. (c). Pub. L. 91-152 substituted "October 1, 1970" for "October 1, 1969".

1968Subsec. (b). Pub. L. 90-448, $ 604(b), included water facilities.

Subsec. (c). Pub. L. 90-448, § 804(a), substituted "October 1, 1969" for "July 1, 1968."

Subsec. (d). Pub. L. 90-448, $ 604(c), added subsec. (d).

1967—Pub. L. 90–19, $ 22(b), substituted "Secretary" for "Administrator" wherever appearing in subsecs. (a)-(c) of this section.

Subsec. (a). Pub. L. 90–19, § 22 (8), substituted "Secretary of Housing and Urban Development (hereinafter in this chapter referred to as the 'Secretary')" for "Housing and Home Finance Administrator (hereinafter In this chapter referred to as the 'Administrator')".

SHORT TITLE Section 1 of Pub. L. 91-431 provided: "That this Act (amending this section and section 3108 of this title and enacting provisions set out as a note under section 3108 of this title) may be cited as the 'Emergency Community Facilities Act of 1970'."

TRANSFER OF FUNCTIONS "Administrator of

the

Environmental Protection Agency" was substituted for “Secretary of the Interior" in subsec. (a) pursuant to 1970 Reorg. Plan No. 3, set out in the Appendix to Title 5, Government Organization and Employees, which abolished the Federal Water Quality Administration in the Department of the Interior and transferred to the Administrator of the Environmental Protection Agency all functions which had been transferred to the Secretary of the Interior from the Secretary of Health, Education, and Welfare by Reorg. Plan No. 2 of 1966.

Secretary of the Interior was substituted for Secretary of Health, Education, and Welfare in subsec. (a) of this section pursuant to section 1(h) (1) of 1966 Reorg. Plan No. 2, eff. May 10, 1966, 31 F.R. 6857, 80 Stat. 1608, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the functions of the Secretary of Health, Education, and Welfare under subsec. (a) of this section to the Secretary of the Interior.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1855dd, 3107, 3108, 3914, 4483 of this title.

the Secretary is authorized to make grants to any local public body or agency to assist in financing specific projects for neighborhood facilities. Any such project may be undertaken by such body or agency directly or through a nonprofit organization approved by it: Provided, That no grant shall be provided under this section for any project to be undertaken through a nonprofit organization unless the Secretary determines (1) that such organization has or will have the legal, financial, and technical capacity to carry out the project, and (2) that the public body or agency to which the grant is made will have satisfactory continuing control over the use of the proposed facilities. (b) Maximum amount of grants.

The amount of any grant made under the authority of this section shall not exceed 662/3 per centum of the development cost of the project for which the grant is made (or 75 per centum of such cost in the case of a project located in an area which at the time the grant is made is designated as a redevelopment area under the Area Redevelopment Act or any Act supplementary thereto). (c) Project requirements; need for facilities; compre

hensive planning; accessibility to low- or mod.

erate-income residents. No grant shall be made under this section for any project unless the Secretary determines that the project will provide a neighborhood facility which is (1) necessary for carrying out a program of health, recreational, social, or similar community service (including a community action program approved under subchapter II of chapter 34 of this title) in the area, (2) consistent with comprehensive planning for the development of the community, and (3) so located as to be available for use by a significant portion (or number in the case of large urban places) of the area's low- or moderate-income residents. (d) Conversion of facility to other uses.

For a period of twenty years after a grant has been made under this section for a neighborhood facility, such facility shall not, without the approval 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 conversion 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 applicable program of health, recreational, social, or similar community services in the area and consistent with comprehensive planning for the development of the community in which the facility is located. In approving any such conversion, the Secretary 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 members of low-income families or otherwise substantially 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.

83103. Grants for neighborhood facilities. (a) Authority to make grants for specific projects;

qualifications of approved nonprofit organizations. In accordance with the provisions of this section,

10, 1965, 79 Stat. 491; Pub. L. 90–19, § 22(b), May 25, 1967, 81 Stat. 26.)

REFERENCES IN TEXT The Area Redevelopment Act, referred to in subsec. (b). was Pub. L. 87-27, May 1, 1961, 75 Stat. 47, formerly classified to chapter 28 of this title, and was omitted from the Code as executed the provisions are now covered by this chapter.

AMENDMENTS 1967–Pub. L. 90-19 substituted "Secretary" for "Administrator" wherever appearing in subsecs. (a) and (c)-(e) of this section.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3107, 3108 of this title.

8 3104. Advance acquisition of land for public purposes. (a) Authority to make grants.

In order to encourage and assist the timely acquisition 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.

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 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 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, 8 704, 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.)

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 (1) five years from the date such loan was made or such financial obligation was incurred, 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 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 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 requiring 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 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 prohibiting diversion of land without approval of the Secretary, 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, substitution of land of approximately equal fair market value, and stating that an interím use of land for a public or private purpose in accordance with prescribed 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 connection with the construction of the public work or facility for which the land was acquired.

Subsec. (e). Pub. L. 90-448 added subsec. (e).

1967-Pub. L. 90-19 substituted "Secretary" for "Administrator" wherever appearing in subsecs. (a), (c). and (d) of this section.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3108 of this title.

(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 utilized for a public purpose within a reasonable period of time and that such utilization will contribute to economy, efficiency, and the comprehensively 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 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) reports such determination promptly to the Committees 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 section 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,

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