PUBLIC LAW 98-473—OCT. 12, 1984
98 STAT. 2089
"(4) reasonable assurance that title to such site is or will be vested solely in the applicant, or another agency or instrumentality of the applicant; "(5) reasonable assurance that adequate financial support will be available for the construction of the project and for its maintenance and operation when complete; and "(6) reasonable assurance that the applicant will comply with the standards and recommendations of the clearinghouse on the construction and modernization of correctional facilities established under section 605. "(b)(1) The Director may approve any such application only if the Infra. Director finds that— "(A) there are sufficient funds available to provide the assistance requested; "(B) such assistance does not exceed 20 percent of the estimated total cost of construction; "(C) the application contains such reasonable assurances as may be required under subsection (a); and "(D) the eligibility criteria of section 602 are met. "(2) In approving applications under this subsection, the Director Ante, p. 2088. shall consider the numbers and general characteristics of the inmate population (to include factors such as offenders' ages, offenses, average term of incarceration, and custody status), and the degree to which the applicant has implemented an inmate classification system which addresses the need for appropriate security assignment. "(c) Upon approving an application under this section, the Director shall award the amount of assistance so approved, but in no event an amount greater than 20 percent of the cost of construction of the approved correctional facility project, and shall provide for payment to the applicant or, if designated by the applicant, any agency or instrumentality of the applicant. Such amount shall be paid, in advance or by way of reimbursement, and in such installments consistent with the progress of construction as the Director may determine. Funds paid under this subsection for the construction of an approved project shall be used solely for carrying out such project as so approved. "(d) An amendment of any application shall be subject to approval in the same manner as an original application. "RECAPTURE PROVISIONS
"SEC. 605. If, within 20 years after completion of any correctional Claims. facility project with respect to which assistance has been provided '^^ ^ 3769c. under this section, such facility ceases to be operated as a correctional facility, the United States may recover from the recipient of such assistance any amount not to exceed 20 percent of the then current value of such project (but in no event an amount greater than the amount of assistance provided under this part for such project), as determined by agreement with the parties or by action brought in the district court of the United States for the district in which such facility is situated.
31-194 - 0 - 86 - 30: QL. 3 Part 2
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