Page:United States Statutes at Large Volume 92 Part 3.djvu/692

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 3324

Plan copy, submittal to Secretary of Agriculture.

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Treasury deposits. State commitment.

PUBLIC LAW 95-620—NOV. 9, 1978 approved under subsection (a) for the purposes of developing a plan for such area which shall include determinations of— (A) the anticipated level of coal or uranium production activities in such area; (B) the socio-economic impacts which have occurred or which are reasonably projected to occur as a result of the increase in coal or uranium production activities; (C) the availability and location of resources within such area to meet the increased needs resulting from socio-economic impacts determined under subparagraph (B) (such as any increased need for housing, or public facilities and services); and (D) the nature and expense of measures necessary to meet within a reasonable time the increased needs resulting from such impact for which there are no resources reasonably available other than under this section. (2)(A) Any grant for developing a plan under this subsection shall be for an amount equal to 100 percent of the costs of such plan, as determined by the Secretary of Agriculture. (B) The aggregate amount granted under this subsection in any fiscal year may not exceed 10 percent of the total amount appropriated for purposes of this section for such year. (3) The Governor of a State receiving a grant under this subsection for developing a plan shall submit a copy of such plan to the Secretary of Agriculture as soon as practicable after it has been prepared. (c) LAND ACQUISITION AND DEVELOPMENT GRANTS.—(1) In the case of any real property— (A) within an area for which a plan meeting the requirements of subsection (b)(1) has been approved; (B) which is for housing or public facilities determined in such plan as necessary due to an increase in employment due to coal or uranium development activities; (C) with respect to which the Secretary of Agriculture has determined that the State and the local governments serving such area do not have the j&nancial resources to acquire or the legal authority to acquire by condemnation; and (D) with respect to which there has been an approval in writing by the Governor of such State that the Secretary of Agriculture exercise his authority under this paragraph; the Secretary of Agriculture may acquire such real property or interest therein, by purchase, donation, lease, or exchange. Property so acquired shall be transferred to the State under such terms and conditions as the Secretary of Agriculture deems appropriate. Such terms and conditions shall provide for the reimbursement to the Secretary of Agriculture for the fair market value of the property, as determined by the Secretary of Agriculture. The value of any improvement of such property made after such acquisition shall not be taken into account in determining the fair market value of such property under this subsection. Amounts so received by the Secretary of Agriculture shall be deposited in the Treasury of the United States as miscellaneous receipts. (2) Any approval by a Governor of a State under paragraph (1) (D) shall constitute a binding commitment of such State to accept the property to be acquired and to provide reimbursement for the amount of the fair market value of such property, as determined under paragraph (1).