Page:United States Statutes at Large Volume 106 Part 5.djvu/297

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PUBLIC LAW 102-550 —OCT. 28, 1992 106 STAT. 3935 (II) adequate in size to accommodate the occupants; (III) functionally equivalent; and (IV) in an area not subject to unreasonably adverse environmental conditions; and (B) provide that persons displaced shall have the right to elect, as an alternative to the benefits under this subsection, to receive benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 if such persons determine mat it is in their best interest to do so; and (C) provide that where a claim for assistance under subparagraph (A)(iv) is denied by the unit of general local government, the claimant may appeal to the Secretary, and that the decision of the Secretary shall be final unless a court determines the decision was arbitrary and capricious. (2) EXCEPTION. — Paragraphs (IXAXi) and (IXAXii) shall not apply in any case in which the Secretary finds, on the basis of objective data, that there is available in the area an adequate supply of habitable affordable housing for lowand moderate-income persons. A determination under this paragraph shall be final and nonreviewable. (e) ELIGIBLE ACTIVITIES. — Activities assisted with amounts provided under this section may include only the following activities: (1) ACQUISITION OF REAL PROPERTY.— The acquisition of real property (including air rights, water rights, and other interests therein) that is located within the new town demonstration area and is— (A) blighted, deteriorated, imdeveloped, or inappropriately developed from the standpoint of sound community development and growth; (B) appropriate for rehabilitation activities; (C) appropriate for the preservation or restoration of historic sites, the beautification of urban land, the conservation of open spaces, natural resources, and scenic areas, the provision of recreational opportunities, or the guidance of urban development; (D) to be used for the provision of public works, facilities, and improvements eligible for assistance under this section; (E) to be used as a facility for coordinating and providing activities and services for high risk youth (as such term is defined in section 509A of the Public Health Service Act); or (F) to be used for other public purposes. (2) CONSTRUCTION OF PUBLIC WORKS AND FACILITIES. —The acquisition, construction, rehabilitation, or installation of public works or public facilities within the new town demonstration area, including buildings for the general conduct of government and facilities for coordinating ana providing activities and services for high risk youth (as such term is defined in section 509A of the Public Health Service Act). (3) CLEARANCE AND REHABILITATION OF BUILDINGS.—The clearance, removal, and rehabilitation of buildings and improvements located within the new town demonstration area, including interim assistance, assistance for facilities for coordinating