40 USC Sec 207

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[Laws in effect as of January 7, 2003]

[Document not affected by Public Laws enacted between

January 7, 2003 and February 12, 2003]

[CITE: 40USC--App.207]

TITLE 40--APPENDIX

APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965

TITLE II--SPECIAL APPALACHIAN PROGRAMS

Part A--New Programs

Sec. 207. Assistance for proposed low- and middle-income housing

projects

(a) In order to encourage and facilitate the construction or

rehabilitation of housing to meet the needs of low- and moderate-income

families and individuals, the Secretary of Housing and Urban Development

(hereafter in this section referred to as the ``Secretary'') is

authorized to make grants and loans from the Appalachian Housing Fund

established by this section, under such terms and conditions as he may

prescribe, to nonprofit, limited dividend, or cooperative organizations

and public bodies, for planning and obtaining federally insured mortgage

financing or other financial assistance for housing construction or

rehabilitation projects for low- and moderate-income families and

individuals, under section 221 of the National Housing Act, section 8 of

the United States Housing Act of 1937, section 515 of the Housing Act of

1949, or any other law of similar purpose administered by the Secretary

or any other department, agency, or instrumentality of the Federal or

State government, in any area of the Appalachian region determined by

the Commission.

(b) No loan under subsection (a) of this section shall exceed 50

percent (or 80 percent in the case of a project to be carried out in a

county for which a distressed county designation is in effect under

section 226) of the cost of planning and obtaining financing for a

project, including, but not limited to, preliminary surveys and analyses

of market needs, preliminary site engineering and architectural fees,

site options, application and mortgage commitment fees, legal fees, and

construction loan fees and discounts. Such loans shall be made without

interest, except that any loan made to an organization established for

profit shall bear interest at the prevailing market rate authorized for

an insured or guaranteed loan for such project. The Secretary shall

require payments of loans made under this section, under such terms and

conditions as he may require, upon completion of the project or sooner,

and except in the case of a loan to an organization established for

profit, may cancel any part or all of such a loan, if he determines that

a permanent loan to finance such project cannot be obtained in an amount

adequate for repayment of such loan under this section.

(c)(1) Except as provided in paragraph (2) of this subsection, no

grant under this section shall exceed 50 percent (or 80 percent in the

case of a project to be carried out in a county for which a distressed

county designation is in effect under section 226) of those expenses,

incident to planning and obtaining financing for a project, which the

Secretary considers not to be recoverable from the proceeds of any

permanent loan made to finance such project, and no such grant shall be

made to an organization established for profit.

(2) The Secretary is authorized to make grants and commitments for

grants, and may advance funds under such terms and conditions as he may

require, to nonprofit, limited dividend, or cooperative organizations

and public bodies for reasonable site development costs and necessary

offsite improvements, such as sewer and water line extensions, whenever

such a grant, commitment, or advance is essential to the economic

feasibility of any housing construction or rehabilitation project for

low- and moderate-income families and individuals which otherwise meets

the requirements for assistance under this section, except that no such

grant for the construction of housing, shall exceed 10 per centum of the

cost of such project, and no such grant for the rehabilitation of

housing shall exceed 10 per centum of the reasonable value of such

rehabilitation housing, as determined by the Secretary.

(d) All funds allocated to the Secretary for the purposes of this

section shall be deposited in a fund which shall be known as the

Appalachian Housing Fund and shall be used as a revolving fund by the

Secretary for carrying out such purposes. General expenses of

administration of this section may be charged to the fund. Moneys in the

fund not needed for current operation may be invested in bonds or other

obligations guaranteed as to principal and interest by the United

States.

(e) The Secretary or the Commission may provide, or contract with

public or private organizations to provide, information, advice, and

technical assistance with respect to the construction, rehabilitation,

and operation by nonprofit organizations of housing for low or moderate

income families in such areas of the region and may provide funds to the

States for making grants and loans to nonprofit, limited dividend, or

cooperative organizations and public bodies for the purposes for which

the Secretary is authorized to provide funds under this section.

(f) Programs and projects assisted under this section shall be

subject to the provisions cited in section 402 of this Act,

notwithstanding such section, to the extent provided in the laws

authorizing assistance for low- and moderate-income housing.

(Pub. L. 89-4, title II, Sec. 207, as added Pub. L. 90-103, title I,

Sec. 112, Oct. 11, 1967, 81 Stat. 261; amended Pub. L. 90-448, title II,

Sec. 201(f), Aug. 1, 1968, 82 Stat. 502; Pub. L. 91-123, title I,

Sec. 106, Nov. 25, 1969, 83 Stat. 215; Pub. L. 92-65, title II,

Sec. 208, Aug. 5, 1971, 85 Stat. 169; Pub. L. 94-188, title I, Sec. 113,

Dec. 31, 1975, 89 Stat. 1082; Pub. L. 105-393, title II, Sec. 212, Nov.

13, 1998, 112 Stat. 3621.)

References in Text

Section 221 of the National Housing Act, referred to in subsec. (a),

is classified to section 1715l of Title 12, Banks and Banking.

Section 8 of the United States Housing Act of 1937, referred to in

subsec. (a), is classified to section 1437f of Title 42, The Public

Health and Welfare.

Section 515 of the Housing Act of 1949, referred to in subsec. (a),

is classified to 1485 of Title 42, The Public Health and Welfare.

Amendments

1998--Subsec. (b). Pub. L. 105-393, Sec. 212(a), substituted ``50

percent (or 80 percent in the case of a project to be carried out in a

county for which a distressed county designation is in effect under

section 226)'' for ``80 per centum'' in first sentence.

Subsec. (c)(1). Pub. L. 105-393, Sec. 212(b), substituted ``50

percent (or 80 percent in the case of a project to be carried out in a

county for which a distressed county designation is in effect under

section 226)'' for ``80 per centum''.

1975--Subsec. (a). Pub. L. 94-188, Sec. 113(1), substituted

reference to section 8 of the United States Housing Act of 1937, section

515 of the Housing Act of 1949, or any other law of similar purpose

administered by the Secretary or any other department, agency, or

instrumentality of the Federal or State government for reference to

section 235, or 236 of the National Housing Act.

Subsec. (c)(2). Pub. L. 94-188, Sec. 113(2), included limited

dividend and cooperative organizations in the list of recipients who may

receive grants and commitments for grants and advances, and inserted

provisions that no grant for the rehabilitation of housing shall exceed

10 per centum of the reasonable value of such rehabilitation housing as

determined by the Secretary.

Subsec. (e). Pub. L. 94-188, Sec. 113(3), inserted provision that

the Secretary or the Commission may provide funds to the States for

making grants and loans to nonprofit, limited dividend, or cooperative

organizations and public bodies for the purposes for which the Secretary

is authorized to provide funds under this section.

Subsec. (f). Pub. L. 94-188, Sec. 113(4), added subsec. (f).

1971--Pub. L. 92-65, Sec. 208(a), substituted ``low- and moderate-

income housing projects'' for ``housing projects under section 221 and

section 236 of the National Housing Act'' in section catchline.

Subsec. (a). Pub. L. 92-65, Sec. 208(b), substituted provisions

authorizing grants and loans for planning and obtaining federally

insured mortgage financing for housing construction or rehabilitation

projects for low- and moderate-income families and individuals, under

section 221, 235, or 236 of the National Housing Act, in any area of the

Appalachian region determined by the Commission for provisions

authorizing grants and loans for expenses of planning and obtaining

insured mortgage for housing construction or rehabilitation projects,

under section 221 or 236 of the National Housing Act, in any area of the

Appalachian region determined by the Commission to have significant

potential for future growth.

Subsec. (b). Pub. L. 92-65, Sec. 208(b), redesignated subsec. (c) as

(b), substituted ``application and mortgage commitment fees, legal

fees'' for ``Federal Housing Administration, Government National

Mortgage Association and Federal National Mortgage Association fees'',

struck out references to section 221 or 236 in three places, and

modified provisions relating to repayment of loans to permit

cancellation of all or any part of the loan if the Secretary determines

that a permanent loan cannot be obtained in any case except loans to

profitmaking organizations. Former subsec. (b) redesignated (c)(1) and

amended.

Subsec. (c)(1). Pub. L. 92-65, Sec. 208(b), redesignated former

subsec. (b) as subsec. (c)(1), extended the 80 percent limitation to

expenses incident to planning and obtaining financing for a housing

project, and exempted par. (2) from the limitation in par. (1).

Subsec. (c)(2). Pub. L. 92-65, Sec. 208(b), added par. (2).

Subsec. (e). Pub. L. 92-65, Sec. 208(c), extended to the Commission

the authority to provide technical assistance for construction,

rehabilitation, and operation by nonprofit organizations of low or

moderate income housing units.

1969--Subsec. (e). Pub. L. 91-123 substituted provisions that

authorized the Secretary to provide technical assistance for

construction, rehabilitation, and operation by nonprofit organizations

of low- or moderate-income housing units for provisions that authorized

to be appropriated an amount not to exceed $5,000,000 of the funds

authorized in section 401 of this Act for the two-fiscal-year period

ending June 30, 1969 to carry out the purposes of this section.

1968--Pub. L. 90-448, Sec. 201(f)(1), inserted ``and section 236''

in section catchline.

Subsec. (a). Pub. L. 90-448, Sec. 201(f)(2), (3), substituted

``section 221 or section 236 of the National Housing Act'' for ``section

221 of the National Housing Act'', and ``as `section 221' or `section

236' '' for ``as section 221''.

Subsec. (b). Pub. L. 90-448, Sec. 201(f)(2), inserted reference to

section 236.

Subsec. (c). Pub. L. 90-448, Sec. 201(f)(2), (4), inserted reference

to section 236 and included Government National Mortgage Association

fees.