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§ 877. Corporation as grantee of property and party to proceedings; services of local redevelopment agency; displaced owners and tenants, preferential right.

(a) The title to any real property (or interest therein) acquired under the authority of this chapter shall be taken by and in the name of the Corporation and proceedings for condemnation or other acquisition of property shall be brought by and in the name of the Corporation.

(b) In the administration of a relocation program or programs pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, the Corporation may utilize the services of the District of Columbia Redevelopment Land Agency. Costs of such services shall be reimbursed by the Corporation to the District of Columbia Redevelopment Land Agency.

(c) All relocation services performed by or on behalf of the Corporation shall be coordinated with the District of Columbia's central relocation programs.

(d) Owners and tenants of real property whose residence, or retail, wholesale, service or other business is terminated as a result of acquisitions made pursuant to this chapter shall be granted a preferential right to lease or purchase from the Corporation or its agent such like real property as may become available for a similar use upon implementation of the development plan. Any such preferential right shall be limited to the parties in interest and shall not be transferable or assignable. (Pub. L. 92– 578, § 8, Oct. 27, 1972, 86 Stat. 1273.)

REFERENCES IN TEXT

Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (b), is classified to chapter 61 of Title 42, The Public Health and Welfare. See Short Title note under section 4601 of Title 42.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 874 of this title.

§ 878. Local needs, primary consideration; compliance with District laws, ordinances, etc.

(a) In effectuating the purposes of this chapter, the Corporation:

(1) shall consult and cooperate with District of Columbia officials and community leaders at the earliest practicable time;

(2) shall give primary consideration to local needs and desires and to local and regional goals and policies as expressed in urban renewal, community renewal, and comprehensive land use plans and regional plans; and

(3) shall foster local initiative and participation in connection with the planning and development of its projects.

(b) The Corporation shall comply with all District of Columbia laws, ordinances, codes, and regulations in constructing, reconstructing, rehabilitating, altering, and improving any project: Provided, That the provisions of section 428 of title 5 of the District of Columbia Code shall apply to all the constructing, reconstructing, rehabilitating, altering, and improving of all buildings by the Corporation. The construction, reconstruction, rehabilitation, alteration, and improvement of any project by non-Government sources shall be subject to the provisions of the

District of Columbia Code and zoning regulations. (Pub. L. 92-578, § 9, Oct. 27, 1972, 86 Stat. 1273.)

§ 879. Tax exemption; payments to District of Columbia government.

(a) Since the exercise of the powers granted by this chapter will be in all respects for the benefit of the people, the Corporation is hereby declared to be devoted to an essential public and governmental function and purpose and shall be exempt from all taxes and special assessments of every kind of the United States and of the District of Columbia.

(b) To the end that the District of Columbia may not suffer undue loss of tax revenue by reason of the provisions of subsection (a) of this section, the Corporation, in connection with any real property acquired and owned by the Corporation in carrying out the provisions of this chapter shall pay to the District of Columbia government an amount equal to the amount of the real property tax which would have been payable to the District of Columbia government beginning on the date of acquisition of such real property by the Corporation if legal title to such property had been held by a private citizen on such date and during all periods to which such date relates. (Pub. L. 92-578, § 10, Oct. 27, 1972, 86 Stat. 1273.)

§ 880. Report to President and Congress.

The Corporation shall transmit to the President and the Congress, annually each January and at such other times as it deems desirable, a comprehensive and detailed report of its operations, activities, and accomplishments under this chapter. (Pub. L. 92-578, § 11, Oct. 27, 1972, 86 Stat. 1274.)

§ 881. Civil service retirement and disability fund; contributions.

(a) The Corporation shall contribute to the civil service retirement and disability fund, on the basis of annual billings as determined by the Civil Service Commission for the excess, if any, of the Government's share of the normal cost of the civil service retirement system applicable to the Corporation's employees and their beneficiaries over the agency contributions required by section 8334 (a) (1) of Title

5.

(b) The Corporation shall include in the annual billings provided for under subsection (a) of this section, a statement of the fair portion of the cost of the administration of the fund, which shall be paid by the Corporation into the Treasury as miscellaneous receipts. (Pub. L. 92-578, § 12, Oct. 27, 1972, 86 Stat. 1274.)

§ 882. Assets and funds for conduct of business.

The Corporation is authorized to use in the conduct of its business all its funds and other assets and all funds and other assets which have been or may hereafter be transferred to, allocated to, borrowed by, or otherwise acquired by it. (Pub. L. 92-578, § 13, Oct. 27, 1972, 86 Stat. 1274.)

§ 883. Violations and penalties.

(a) All general penal statutes relating to the larceny, embezzlement, or conversion of public

moneys or property of the United States shall apply to moneys and property of the Corporation.

(b) Any person who, with intent to defraud the Corporation, or to deceive any director, officer, or employee of the Corporation or any officer or employee of the United States, (1) makes any false entry in any book of the Corporation, or (2) makes any false report or statement for the Corporation, shall, upon conviction thereof, be fined not more than $10,000 or imprisoned not more than five years, or both.

(c) Any person who with intent to defraud the Corporation (1) receives any compensation, rebate, or reward, or (2) enters into any conspiracy, collusion, or agreement, express or implied, shall, on conviction thereof, be fined not more than $5,000 or imprisoned not more than five years, or both. (Pub. L. 92-578, § 14, Oct. 27, 1972, 86 Stat. 1274.)

§ 884. Separability of provisions.

If any provisions of this chapter or the application thereof to any body, agency, situation, or circumstances is held invalid the remainder of the chapter and the application of such provision to other bodies, agencies, situations, or circumstances shall not be affected thereby. (Pub. L. 92-578, § 16, Oct. 27, 1972, 86 Stat. 1274.)

§ 885. Authorization of appropriations; prohibition against appropriations from Land and Water Conservation Fund.

There are hereby authorized to be appropriated not to exceed $1,000,000 for the development of the plan to be prepared pursuant to section 874 of this title. No appropriations shall be made from the Land and Water Conservation Fund established by section 4601-5 of Title 16 to effectuate the purposes of this chapter. (Pub. L. 92-578, § 17, Oct. 27, 1972, 86 Stat. 1275.)

TITLE 40.-APPENDIX

Appalachian Regional Development Act of 1965

Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended by Pub. L. 89-670, § 8(b), (c), Oct. 15, 1966, 80 Stat. 942, 943; Pub. L. 90-103, title I, §§ 101-114, 116123, Oct. 11, 1967, 81 Stat. 257-266; Pub. L. 90-448, title II, § 201(f), Aug. 1, 1968, 82 Stat. 502; Pub. L. 91-123, title I, §§ 101-111, Nov. 25, 1969, 83 Stat. 214216; Pub. L. 91-258, title I, § 52(b) (5), May 21, 1970, 84 Stat. 235; Pub. L. 92-65, title II, §§ 202-214, Aug. 5, 1971, 85 Stat. 168-173.

ACT REFERRED TO IN OTHER SECTIONS This Act is referred to in title 23 section 143.

TITLE I.-THE APPALACHIAN REGIONAL COMMISSION

§ 105. Administrative expenses of the Commission.

(b) To carry out this section there is hereby authorized to be appropriated to the Commission to be available until expended, not to exceed $1,900,000 for the two-fiscal-year period ending June 30, 1971. To carry out this section there is hereby authorized to be appropriated to the Commission, to be available until expended, not to exceed $2,700,000 for the twofiscal-year period ending June 30, 1973 (of such amount not to exceed $525,000 shall be available for expenses of the Federal Cochairman, his alternate, and his staff), and not to exceed $3,300,000 for the two-fiscal-year period ending June 30, 1975 (of such amount not to exceed $575,000 shall be available for expenses of the Federal Cochairman, his alternate, and his staff). (As amended Pub. L. 92-65, title II, § 202, Aug. 5, 1971, 85 Stat. 168.)

AMENDMENTS

1971-Subsec. (b). Pub. L. 92-65 substituted provisions authorizing the appropriation of $2,700,000 for the twofiscal-year period ending June 30, 1973, of which up to $525,000 is to be available for expenses of the Federal Cochairman and his staff, and of $3,300,000 for the twofiscal-year period ending June 30, 1975, of which up to $575,000 is to be available for expenses of the Federal Cochairman and his staff, for provisions authorizing amount up to $475,000 to be available for the expenses of the Federal Cochairman and his staff.

SHORT TITLE OF 1971 AMENDMENT Section 201 of Pub. L. 92-65 provided that: "This title [which enacted section 208 of this Appendix, amended this section and sections 106, 201, 202, 205, 207, 211, 214, 302, 401 and 405 of this Appendix, and enacted provision set out as note under section 223 of this Appendix] may be cited as the 'Appalachian Regional Development Act Amendments of 1971."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 401 of this Appendix.

§ 106. Administrative powers of Commission.

To carry out its duties under this Act, the Commission is authorized to

(7) enter into and perform such contracts, leases (including, notwithstanding any other provision of law, the lease of office space for any term expiring no later than June 30, 1975), cooperative agreements, or other transactions as may be necessary in carrying out its functions and on such terms as it may deem appropriate, with any department, agency, or instrumentality of the United States (which is hereby so authorized to the extent not otherwise prohibited by law) or with any State, or any political subdivision, agency, or instrumentality thereof, or with any person, firm, association, or corporation.

(As amended Pub. L. 92-65, title II, § 203, Aug. 5, 1971, 85 Stat. 168.)

AMENDMENTS

1971-Clause (7). Pub. L. 92-65 substituted "June 30, 1975" for "June 30, 1971".

TITLE II.-SPECIAL APPALACHIAN PROGRAMS PART A.-NEW PROGRAMS

§ 201. Appalachian development highway system.

*

(g) To carry out this section, there is hereby authorized to be appropriated to the President, to be available until expended, $175,000,000 for the fiscal year ending June 30, 1971; $175,000,000 for the fiscal year ending June 30, 1972; $180,000,000 for the fiscal year ending June 30, 1973; $180,000,000 for the fiscal year ending June 30, 1974; $185,000,000 for the fiscal year ending June 30, 1975; $185,000,000 for the fiscal year ending June 30, 1976; $185,000,000 for the fiscal year ending June 30, 1977; and $180,000,000 for the fiscal year ending June 30, 1978.

(As amended Pub. L. 92-65, title II, § 204, Aug. 5, 1971, 85 Stat. 168.)

AMENDMENTS

1971-Subsec. (g). Pub. L. 92-65 substituted provisions authorizing to be appropriated $175,000,000 for the fiscal years ending June 30, 1971, and June 30, 1972, $180,000,000 for the fiscal years ending June 30, 1973, and June 30, 1974, $185,000,000 for the fiscal years ending June 30, 1975, June 30, 1976, and June 30, 1977, and $180,000,000 for the fiscal year ending June 30, 1978, for provisions authorizing to be appropriated $175,000,000 for the fiscal years ending June 30, 1970, June 30, 1971, and June 30, 1972 and $170,000,000 for the fiscal year ending June 30, 1973. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 214, 401 of this Appendix.

§ 202. Demonstration health projects.

(c) Grants under this section for operation (including initial operating funds and operating deficits comprising among other items the costs of attract

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ing, training, and retaining qualified personnel) of a demonstration health project, whether or not constructed with funds authorized by this section, may be made for up to 100 per centum of the costs thereof for the two-year period beginning, for each component facility or service assisted under any such operating grant, on the first day that such facility or service is in operation as a part of the project. For the next three years of operations such grants shall not exceed 75 per centum of such costs. The Federal contribution may be provided entirely from funds appropriated to carry out this section or in combination with funds provided under other Federal grant-in-aid programs for the operation of health related facilities and the provision of health and child development services, including title IV, parts A and B, of the Social Security Act. Notwithstanding any provision of the Social Security Act requiring assistance or services on a statewide basis, if a State provides assistance or services under such a program in any area of the region approved by the Commission, such State shall be considered as meeting such requirement. Notwithstanding any provision of law limiting the Federal share in such other programs, funds appropriated to carry out this section may be used to increase Federal grants for operating components of a demonstration health project to the maximum percentage cost thereof authorized by this subsection. No grant for operation of a demonstration health project shall be made unless the facility is publicly owned, or owned by a public or private non-profit organization, and is not operated for profit. No grants for operation of a demonstration health project shall be made after five years following the commencement of the initial grant for operation of the project. No such grants shall be made unless the Secretary of Health, Education, and Welfare is satisfied that the operation of the project will be conducted under efficient management practices designed to obviate operating deficits. Notwithstanding section 104 of the Public Works and Economic Development Act of 1965 (79 Stat. 554; 42 U.S.C. 3134), a health-related facility constructed under title I of that Act may be a component of a demonstration health project eligible for operating grant assistance under this section.

(d) The Secretary of Health, Education, and Welfare is authorized to provide funds to the Commission for the support of its Health Advisory Committee and to make grants for expenses of planning necessary for the development and operation of demonstration health projects for the region. The amount of any such grant shall not exceed 75 per centum of such expenses. The Federal contribution to such expenses of planning may be provided entirely from funds authorized under this section or in combination with funds provided under other Federal or Federal grant-in-aid programs. Notwithstanding any provision of law limiting the Federal share in any such other program, funds appropriated to carry out this section may be used to increase such Federal share to the maximum percentage cost thereof authorized by this subsection.

(As amended Pub. L. 92-65, title II, § 206, Aug. 5, 1971, 85 Stat. 169.)

REFERENCES IN TEXT

Title IV, parts A and B, of the Social Security Act, referred to subsec. (c), is subchapter IV, parts A and B, of chapter 7 of Title 42, The Public Health and Welfare.

The Social Security Act, referred to in subsec. (c), is classified to section 301 et seq. of Title 42.

AMENDMENTS

1971-Subsec. (c). Pub. L. 92-65, § 206(a), added provision that Federal funds authorized under Federal grant programs for the provision of child development services, including title IV of the Social Security Act, may be used in combination with funds provided under this Appendix and further provided an exception to the Social Security Act to permit states to utilize funds for programs or projects that would be implemented in the Appalachian states without regard to any provision of law requiring the providing of this type of assistance or service on a statewide basis.

Subsec. (d). Pub. L. 92-65, § 206(b), added provision that the Federal contribution to the expenses of planning may be provided entirely from funds under this section or in combination with funds provided under other Federal or Federal grant-in-aid programs and that funds appropriated to carry out this section may be used to increase such Federal share to the maximum percentage cost authorized by this subsection.

§ 205. Mining area restoration.

(a) In order to further the economic development of the region by rehabilitating areas presently damaged by deleterious mining practices, the Secretary of the Interior is authorized to—

(1) make financial contributions to States in the region to seal and fill voids in abandoned coal mines and abandoned oil and gas wells, and to reclaim and rehabilitate lands affected by the strip and surface mining and processing of coal and other minerals, including lands affected by waste piles, in accordance with provisions of the Act of July 15, 1955 to the extent applicable, without regard to section 2(b) thereof or to any provisions therein limiting assistance to anthracite coal formation, or to the Commonwealth of Pennsylvania. Grants under this paragraph shall be made wholly out of funds specifically appropriated for the purposes of carrying out this Act; and to control or abate mine drainage pollution.

(b) Notwithstanding any other provision of law, the Federal share of mining area restoration project costs carried out under subsection (a) of this section and conducted on lands other than federally owned lands shall not exceed 75 per centum of the total cost thereof. For the purposes of this section, such project costs may include the reasonable value (including donations) of planning, engineering, real property acquisition (limited to the reasonable value of the real property in its unreclaimed state and costs incidental to its acquisition, as determined by the Commission), and such other materials and services as may be required for such project.

(As amended Pub. L. 92-65, title II, § 207, Aug. 5, 1971, 85 Stat. 169.)

AMENDMENTS

1971-Subsec. (a) (1). Pub. L. 92-65, § 207(a), added provisions authorizing contributions to control or abate mine drainage pollution.

Subsec. (b). Pub. L. 92-65, § 207(b), deleted fiscal year limitation, and extended the existing 75-25 Federal-State cost sharing ratio for restoration projects, and substituted new formula for the computation of costs.

§ 207. Assistance for planning and other preliminary expenses of proposed low- and moderate-income housing projects.

(a) In order to encourage and facilitate the construction or rehabilitation of housing to meet the needs of low- and moderate-income families and individuals, the Secretary of Housing and Urban Development (hereafter in this section referred to as the "Secretary") is authorized to make grants and loans from the Appalachian Housing Fund established by this section, under such terms and conditions as he may prescribe, to nonprofit, limited dividend, or cooperative organizations, or public bodies, for planning and obtaining federally insured mortgage financing for housing construction or rehabilitation projects for low- and moderate-income families and individuals, under section 221, 235, or 236 of the National Housing Act, in any area of the Appalachian region determined by the Commission.

(b) No loan under subsection (a) of this section shall exceed 80 per centum of the cost of planning and obtaining financing for a project, including, but not limited to, preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, site options, application and mortgage commitment fees, legal fees, and construction loan fees and discounts. Such loans shall be made without interest, except that any loan made to an organization established for profit shall bear interest at the prevailing market rate authorized for an insured or guaranteed loan for such project. The Secretary shall require payments of loans made under this section, under such terms and conditions as he may require, upon completion of the project or sooner, and except in the case of a loan to an organization established for profit, may cancel any part or all of such a loan, if he determines that a permanent loan to finance such project cannot be obtained in an amount adequate for repayment of such loan under this section.

(c) (1) Except as provided in paragraph (2) of this subsection, no grant under this section shall exceed 80 per centum of those expenses, incident to planning and obtaining financing for a project, which the Secretary considers not to be recoverable from the proceeds of any permanent loan made to finance such project, and no such grant shall be made to an organization established for profit.

(2) The Secretary is authorized to make grants and commitments for grants, and may advance funds under such terms and conditions as he may require, to nonprofit organizations and public bodies for reasonable site development costs and necessary offsite improvements, such as sewer and water line extensions, whenever such a grant, commitment, or advance is essential to the economic feasibility of any housing construction or rehabilitation project for low- and moderate-income families and individuals which otherwise meets the requirements for assistance under this section, except that no such grant shall exceed 10 per centum of the cost of such project.

(e) The Secretary or the Commission may provide, or contract with public or private organizations to provide, information, advice, and technical assist

ance with respect to the construction, rehabilitation, and operation by nonprofit organizations of housing for low or moderate income families in such areas of the region. (As amended Pub. L. 92-65, title II, § 208, Aug. 5, 1971, 85 Stat. 169.)

REFERENCES IN TEXT

Sections 221, 235, and 236 of the National Housing Act, referred to in subsec. (a), are classified respectively to sections 17157, 1715z and 1715z-1 of Title 12, Banks and Banking.

AMENDMENTS

1971-Pub. L. 92-65, § 208 (a), substituted "low- and moderate-income housing projects" for "housing projects under section 221 and section 236 of the National Housing Act" in the section catchline.

Subsec. (a). Pub. L. 92-65, § 208(b), substituted provisions authorizing grants and loans for planning and obtaining federally insured mortgage financing for housing construction or rehabilitation projects for low- and moderate-income families and individuals, under section 221, 235, or 236 of the National Housing Act, in any area of the Appalachian region determined by the Commission for provisions authorizing grants and loans for expenses of planning and obtaining insured mortgage for housing construction or rehabilitation projects, under section 221 or 236 of the National Housing Act, in any area of the Appalachian region determined by the Commission to have significant potential for future growth.

Subsec. (b). Pub. L. 92–65, § 208(b), redesignated former subsec. (c) as subsec. (b), and in subsec. (b) so redesignated, substituted "application and mortgage commitment fees, legal fees" for "Federal Housing Administration, Government National Mortgage Association and Federal National Mortgage Association fees", deleted references to section 221 or 236 in three places, and modified provisions relating to repayment of loans to permit cancellation of all or any part of the loan if the Secretary determines that a permanent loan cannot be obtained in any case except loans to profitmaking organizations. Former subsec. (b) redesignated as subsec. (c)(1) and amended.

Subsec. (c) (1). Pub. L. 92-65, § 208(b), redesignated former subsec. (b) as subsec. (c) (1), and in subsec. (c) (1) so redesignated, extended the 80 percent limitation to expenses incident to planning and obtaining financing for a housing project and exempted par. (2) from the limitation in par. (1).

Subsec. (c) (2). Pub. L. 92-65, § 208(b) added subsec. (c) (2).

Subsec. (e). Pub. L. 92-65, § 208 (c), extended to the Commission the authority to provide technical assistance for construction, rehabilitation, and operation by nonprofit organizations of low or moderate income housing units.

§ 208. Appalachian airport safety improvements.

(a) In order to provide a system of airports in the Appalachian region which can accommodate a greater number of passengers in safety and thereby increase commerce and communication in areas with developmental potential, the Secretary of Transportation (hereafter in this section referred to as the "Secretary") is authorized to make grants to existing airports for the purpose of enhancing the safety of aviation and airport operations.

(b) Such airport safety improvement projects may include (A) approach clearance, the removal, lowering, relocation, and marking and lighting of airport hazards, navigation aids, site preparation for navigaton aids, and the acquisition of adequate safety equipment (including firefighting and rescue equipment), and (B) any acquisition of land or of any interest therein, or of any easement through or other interest in airspace which is necessary for such projects or to remove or mitigate or prevent or limit the establishment of, airport hazards.

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