42 U.S. Code § 1490m - Housing preservation grants
The Secretary shall provide for such advance payments of assistance under this section as the Secretary determines is necessary to effectively carry out the provisions of this section.
The Secretary shall, at least on an annual basis, make such review and audits as may be necessary or appropriate to determine whether the grantee has carried out its activities in a timely manner and in accordance with the requirements of this section, the degree to which the activities assisted benefitted low income families or persons and very low-income families or persons who lacked adequate housing, and whether the grantee has a continuing capacity to carry out the activities in a timely manner. The Secretary may adjust, reduce, or withdraw resources made available to grantees receiving assistance under this section, or take other action as appropriate in accordance with the findings of these reviews and audits. Any amounts which become available as a result of actions under this subsection shall be reallocated as housing preservation grants to such grantee or grantees as the Secretary may determine.
The Secretary shall establish procedures which support national historic preservation objectives and which assure that, if any rehabilitation proposed to be assisted under this section would affect property that is included or is eligible for inclusion on the National Register of Historic Places, such activity shall not be undertaken unless (1) it will reasonably meet the standards for rehabilitation issued by the Secretary of the Interior and the appropriate State historic preservation officer is afforded the opportunity to comment on the specific rehabilitation plan, or (2) the Advisory Council on Historic Preservation is afforded an opportunity to comment on cases for which the recipient of assistance, in consultation with the State historic preservation officer, determines that the proposed rehabilitation activity cannot reasonably meet such standards or would adversely affect historic property as defined therein.
Public Law 88–352, referred to in subsec. (e)(1)(C), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended, known as the Civil Rights Act of 1964, which is classified principally to subchapters II to IX (§ 2000a et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables.
Public Law 90–284, referred to in subsec. (e)(1)(C), is Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 73, as amended, known as the Civil Rights Act of 1968. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables.
1998—Subsec. (a). Pub. L. 105–276 substituted “tenant-based assistance as provided under section 1437f of this title” for “assistance payments as provided by section 1437f(o) of this title” in concluding provisions.
Subsec. (j). Pub. L. 105–362 struck out subsec. (j) which read as follows: “Not later than 180 days after the close of each fiscal year in which assistance under this section is furnished, the Secretary shall submit to the Congress a report which shall contain—
“(1) a description of the progress made in accomplishing the objectives of this section; and
“(2) a summary of the use of such funds during the preceding year.
The Secretary shall require grantees under this section to submit to him such reports, and other information as may be necessary in order for the Secretary to make the report required by this subsection.”
Subsec. (a)(1), (2). Pub. L. 102–550, § 711(1)(A), inserted “or replace” after “rehabilitate”.
Subsec. (b). Pub. L. 102–550, § 711(2)(A), substituted “Preservation programs” for “Rehabilitation programs” in introductory provisions.
Subsec. (b)(2). Pub. L. 102–550, § 711(2)(E), added par. (2). Former par. (2) redesignated (3).
Subsec. (b)(3). Pub. L. 102–550, § 711(2)(D), redesignated par. (2) as (3). Former par. (3) redesignated (4).
Pub. L. 102–550, § 711(2)(B), inserted “or replacement” after “rehabilitation” in two places.
Subsec. (b)(4). Pub. L. 102–550, § 711(2)(D), redesignated par. (3) as (4). Former par. (4) redesignated (5).
Pub. L. 102–550, § 711(2)(C), substituted “repair, rehabilitation, and replacement” for “repair and rehabilitation”.
Subsec. (b)(5) to (7). Pub. L. 102–550, § 711(2)(D), redesignated pars. (4) to (6) as (5) to (7), respectively.
Subsec. (c)(1). Pub. L. 102–550, § 711(3), substituted “grant funds under this section” for “rehabilitation grant funds” in introductory provisions.
Subsec. (d)(1). Pub. L. 102–550, § 711(4)(A), substituted “preservation program” for “rehabilitation program”.
Subsec. (d)(3)(A), (B), (D). Pub. L. 102–550, § 711(4)(B), substituted “repair, rehabilitation, and replacement” for “repair and rehabilitation”.
Subsec. (d)(4). Pub. L. 102–550, § 711(4)(C), inserted “, or replacement,” after “rehabilitation”.
Subsec. (d)(5). Pub. L. 102–550, § 711(4)(D), added par. (5).
1990—Subsec. (c)(1). Pub. L. 101–625, § 717(a), inserted at end “Funds obligated, but subsequently unspent and deobligated, may remain available, to the extent provided in appropriations Acts, for use as housing preservation grants in ensuing fiscal years.”
Subsec. (g). Pub. L. 101–625, § 717(b), substituted last sentence for “Any amounts which became available as a result of actions under this subsection shall be reallocated in the year in which they become available to such grantee or grantees as the Secretary may determine.”
1988—Subsec. (e)(1)(B)(iii). Pub. L. 100–242, § 316(g)(1), inserted “to” before “refuse”.
Subsec. (g). Pub. L. 100–242, § 316(g)(2), substituted “low income families or persons and very low-income families or persons” for “persons of low income and very low-income”.
Subsec. (h). Pub. L. 100–242, § 310, designated existing provisions as par. (1) and added par. (2).
Amendment by title V of Pub. L. 105–276 effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with savings provision, see section 503 of Pub. L. 105–276, set out as a note under section 1437 of this title.
Pub. L. 100–242, title III, § 311, Feb. 5, 1988, 101 Stat. 1896, as amended by Pub. L. 100–628, title X, § 1044, Nov. 7, 1988, 102 Stat. 3273; Pub. L. 101–137, § 7(d), Nov. 3, 1989, 103 Stat. 826; Pub. L. 101–144, title II, Nov. 9, 1989, 103 Stat. 846; Pub. L. 105–362, title VII, § 701(f), Nov. 10, 1998, 112 Stat. 3287, directed Secretary of Housing and Urban Development to carry out a rural rental rehabilitation demonstration program, provided funding for program, and terminated authority for such program after Sept. 30, 1991.
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