§ 3104. Advance acquisition of land for public purposes

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1965

   Housing and Urban Development Act of 1965

   Pub. L. 89–117 title VII § 704 · 79 Stat. 451

   Enacted · 42 U.S.C. § 3104

   Pub. L. 89–117, title VII, § 704, Aug. 10, 1965, 79 Stat. 491

   Source evidence

   Code source credit
   Pub. L. 89–117, title VII, § 704, Aug. 10, 1965, 79 Stat. 491

   Enacted provision · exact public law section
   Sec. 704. advance acquisition of land (a) In order to encourage and assist in the timely acquisition of land planned to be utilized in connection with the future construction of public works or facilities, the Administrator is authorized to make grants to local public bodies and agencies to assist in financing the acquisition of a fee simple estate or other interest in such land. (b) The amount of any grant made under the authority of this section shall not exceed the aggregate amount of reasonable interest, charges on the loan or other financial obligation incurred to finance the acquisition of such land for a period not exceeding 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 for which the land acquired was planned to be utilized. (c) No grant shall be made under this section for any project for the acquisition of land unless the Administrator determines that the public work or facility for which such land is to be utilized is planned to be constructed or initiated within a reasonable period of time (not to exceed five years after a contract to make such grant is entered into) and that construction of such public work or facility will contribute to economy, efficiency, and the comprehensively planned development of the area. (d) As a condition to providing assistance under this section, the Administrator may, under terms and conditions prescribed by him, require an applicant to agree to repay such assistance, if (1) the land purchased with such 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 such land was acquired, or (2) such land is diverted to oilier uses.

2. 1967

   Pub. L. 90–19 § 22(b) · 81 Stat. 17

   Substituted · 42 U.S.C. § 3104(a); 42 U.S.C. § 3104(c); 42 U.S.C. § 3104(d)

   Pub. L. 90–19 substituted “Secretary” for “Administrator” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a), (c), (d). Pub. L. 90–19 substituted “Secretary” for “Administrator” wherever appearing.

   Enacted provision · exact public law section
   (b) Title VII of such Act is amended by striking out “Administrator” each place it appears and inserting in lieu thereof “Secretary”.

3. 1968

   Housing and Urban Development Act of 1968

   Pub. L. 90–448 title VI § 603(b) · 82 Stat. 476

   Substituted · 42 U.S.C. § 3104(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (b) Section 704 of such Act is amended to read as follows: 42 USC 3104. “Sec. 704. “advance acquisition of land (a) In order to encourage and assist the timely acquisition of hind planned to lie 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) 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) No grant shall lie made under this section unless the Secretary .determines that the hind 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. T le 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 lime is necessary and in the public interest, and (2) reports such determination promptly to Report to congressional committees. the Committees on Banking and Currency of the Senate and House of Representatives. “(d) No land acquired with assistance under this section shall, without approval of the Secretary, lie 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 lie deems appropriate. An interim use of the hind 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) 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 hind by the recipient of a grant under this section may lie considered an eligible cost for the purpose of such other Federal loan or grant program.”

4. 1968

   Housing and Urban Development Act of 1968

   Pub. L. 90–448 title VI § 603(b) · 82 Stat. 476

   Inserted · 42 U.S.C. § 3104(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (b) Section 704 of such Act is amended to read as follows: 42 USC 3104. “Sec. 704. “advance acquisition of land (a) In order to encourage and assist the timely acquisition of hind planned to lie 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) 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) No grant shall lie made under this section unless the Secretary .determines that the hind 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. T le 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 lime is necessary and in the public interest, and (2) reports such determination promptly to Report to congressional committees. the Committees on Banking and Currency of the Senate and House of Representatives. “(d) No land acquired with assistance under this section shall, without approval of the Secretary, lie 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 lie deems appropriate. An interim use of the hind 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) 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 hind by the recipient of a grant under this section may lie considered an eligible cost for the purpose of such other Federal loan or grant program.”

5. 1968

   Housing and Urban Development Act of 1968

   Pub. L. 90–448 title VI § 603(b) · 82 Stat. 476

   Substituted · 42 U.S.C. § 3104(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (b) Section 704 of such Act is amended to read as follows: 42 USC 3104. “Sec. 704. “advance acquisition of land (a) In order to encourage and assist the timely acquisition of hind planned to lie 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) 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) No grant shall lie made under this section unless the Secretary .determines that the hind 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. T le 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 lime is necessary and in the public interest, and (2) reports such determination promptly to Report to congressional committees. the Committees on Banking and Currency of the Senate and House of Representatives. “(d) No land acquired with assistance under this section shall, without approval of the Secretary, lie 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 lie deems appropriate. An interim use of the hind 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) 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 hind by the recipient of a grant under this section may lie considered an eligible cost for the purpose of such other Federal loan or grant program.”

6. 1968

   Housing and Urban Development Act of 1968

   Pub. L. 90–448 title VI § 603(b) · 82 Stat. 476

   Substituted · 42 U.S.C. § 3104(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, authorizing the Secretary to accept, in cases of repayment, 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 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

   Source evidence

   Code amendment note
   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, authorizing the Secretary to accept, in cases of repayment, 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 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.

   Enacted provision · exact public law section
   (b) Section 704 of such Act is amended to read as follows: 42 USC 3104. “Sec. 704. “advance acquisition of land (a) In order to encourage and assist the timely acquisition of hind planned to lie 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) 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) No grant shall lie made under this section unless the Secretary .determines that the hind 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. T le 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 lime is necessary and in the public interest, and (2) reports such determination promptly to Report to congressional committees. the Committees on Banking and Currency of the Senate and House of Representatives. “(d) No land acquired with assistance under this section shall, without approval of the Secretary, lie 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 lie deems appropriate. An interim use of the hind 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) 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 hind by the recipient of a grant under this section may lie considered an eligible cost for the purpose of such other Federal loan or grant program.”

7. 1968

   Housing and Urban Development Act of 1968

   Pub. L. 90–448 title VI § 603(b) · 82 Stat. 476

   Added · 42 U.S.C. § 3104(e)

   Pub. L. 90–448 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 90–448 added subsec. (e).

   Enacted provision · exact public law section
   (b) Section 704 of such Act is amended to read as follows: 42 USC 3104. “Sec. 704. “advance acquisition of land (a) In order to encourage and assist the timely acquisition of hind planned to lie 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) 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) No grant shall lie made under this section unless the Secretary .determines that the hind 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. T le 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 lime is necessary and in the public interest, and (2) reports such determination promptly to Report to congressional committees. the Committees on Banking and Currency of the Senate and House of Representatives. “(d) No land acquired with assistance under this section shall, without approval of the Secretary, lie 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 lie deems appropriate. An interim use of the hind 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) 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 hind by the recipient of a grant under this section may lie considered an eligible cost for the purpose of such other Federal loan or grant program.”

8. 1980

   Congressional Reports Elimination Act of 1980

   Pub. L. 96–470 title I § 107(c) · 94 Stat. 2237

   Substituted · 42 U.S.C. § 3104(c)

   Pub. L. 96–470 substituted “unless the Secretary determines that due to unusual circumstances a longer period of time is necessary and in the public interest” for “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”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 96–470 substituted “unless the Secretary determines that due to unusual circumstances a longer period of time is necessary and in the public interest” for “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”.

   Enacted provision · exact public law section
   (c) Section 704(c) of the Housing and Urban Development Act of 1965 (42 U.S.C. 3104(c); 82 Stat. 533) is amended by striking “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.”, and inserting in lieu thereof “unless the Secretary determines that due to unusual circumstances a longer period of time is necessary and in the public interest.”.

8 of 8 references resolved to an enrolled provision