42 U.S.C. § 1502 : US Code - Section 1502: Initiation and development of projects; jurisdiction; acquisition of property; fees of architects, engineers, etc.
Search 42 U.S.C. § 1502 : US Code - Section 1502: Initiation and development of projects; jurisdiction; acquisition of property; fees of architects, engineers, etc.
(a) Projects may be initiated under this subchapter by the
Department of the Navy or Army or the Air Force to provide
dwellings on or near naval or military reservations, posts or bases
for rental to the officers, enlisted men and employees of the
Departments of the Navy, Army, and Air Force described in section
1501 of this title. Such projects shall be developed by the
Department of the Navy or Army or the Air Force or by the Secretary
of Housing and Urban Development, whichever the President
determines is better suited to the fulfillment of the purposes of
this subchapter with respect to any particular project. If the
development of such project is to be undertaken by the Department
of the Navy or Army or Air Force, the Secretary of Housing and
Urban Development is authorized to aid the development of the
project by furnishing technical assistance and by transferring to
such Department the funds necessary for the development of the
project. Any project developed for the purpose of this section
shall be leased to the Department of the Navy or Army or Air Force
by the Secretary of Housing and Urban Development (who shall have
title to such project until repayment of the cost thereof to the
Secretary of Housing and Urban Development as prescribed in such
lease) upon such terms as shall be prescribed in the lease, which
may be the same terms as are authorized by the United States
Housing Act of 1937 [42 U.S.C. 1437 et seq.], with respect to
leases to public housing agencies. All the provisions of said Act
which apply to the development of projects by the Secretary of
Housing and Urban Development shall (insofar as applicable and not
inconsistent herewith) apply to the development of projects by the
Department of the Navy or Army or Air Force. Notwithstanding other
provisions of this or any other law, the Department leasing a
project shall have the same jurisdiction over such project as it
has over the reservation, post or base in connection with which the
project is developed.
(b) The Department of the Navy or Army or Air Force, in
connection with any project developed or leased by it, and the
Secretary of Housing and Urban Development, in connection with any
project developed or assisted by him, for the purposes of this
subchapter, may acquire real or personal property or any interest
therein by purchase, eminent domain, gift, lease or otherwise. The
provisions of sections 3111 and 3112 of title 40 shall not apply to
the acquisition of any real property by the Department of the Navy
or Army or Air Force or by the Secretary of Housing and Urban
Development for the purposes of this subchapter or to the project
developed thereon, and the provisions of section 1302 of title 40,
shall not apply to any lease of any project developed for the
purposes of this subchapter or of any dwelling therein.
Condemnation proceedings instituted by the Secretary of Housing and
Urban Development shall be in the Secretary's own name and the
practice and procedure governing such proceedings by the United
States shall be followed, and the Secretary of Housing and Urban
Development shall likewise be entitled to proceed in accordance
with the provisions of sections 3114 to 3116 and 3118 of title 40
and an Act of Congress approved March 1, 1929 (45 Stat. 1415).(!1)
If the Secretary of Housing and Urban Development acquires land in
connection with a project to be assisted for the purposes of this
subchapter, the Secretary may convey such land to the public
housing agency involved for a consideration equal to the cost of
the land to the Secretary of Housing and Urban Development. The
Departments of the Navy, Army, and Air Force and the Secretary of
Housing and Urban Development may negotiate, contract and fix such
fees as they determine are reasonable for the services of
architects, engineers, surveyors, appraisers, title examiners and
real estate negotiators in connection with specific projects
developed by them under this subchapter. The Secretaries of Navy,
Army, and Air Force are authorized to make available to the
Secretary of Housing and Urban Development any land that is needed
for a project to be developed by the Secretary of Housing and Urban
Development and leased to the Department of the Navy or Army or Air
Force and to execute such leases, agreements and other instruments
with the Secretary of Housing and Urban Development as may be
necessary to carry out the purposes of this subchapter.
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Repealed. Pub. L. 85-861, Sec. 36A, Sept. 2, 1958, 72 Stat. 1569