42 U.S.C. § 3104 : US Code - Section 3104: Advance acquisition of land for public purposes

Search 42 U.S.C. § 3104 : US Code - Section 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.
(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 determines that due to unusual circumstances a
longer period of time is necessary and in the public interest.
(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, 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.