42 U.S.C. § 3030b — Recapture of payments made for multipurpose senior centers

FEDERAL · 42 U.S.C. · Chapter 35

Recapture of payments made for multipurpose senior centers

Current through Pub. L. 119-102

Title 42 — The Public Health and Welfare·Ch. 35 — PROGRAMS FOR OLDER AMERICANS·Subch. III·Pt. A

If, within 10 years after acquisition, or within 20 years after the completion of construction, of any facility for which funds have been paid under this subchapter—

(1)the owner of the facility ceases to be a public or nonprofit private agency or organization; or

(2)the facility ceases to be used for the purposes for which it was acquired (unless the Assistant Secretary determines, in accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation to do so); the United States shall be entitled to recover from the applicant or other owner of the facility an amount which bears to the then value of the facility (or so much thereof as constituted an approved project or projects) the same ratio as the amount of such Federal funds bore to t

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If, within 10 years after acquisition, or within 20 years after the completion of construction, of any facility for which funds have been paid under this subchapter—
(1) the owner of the facility ceases to be a public or nonprofit private agency or organization; or
(2) the facility ceases to be used for the purposes for which it was acquired (unless the Assistant Secretary determines, in accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation to do so);
the United States shall be entitled to recover from the applicant or other owner of the facility an amount which bears to the then value of the facility (or so much thereof as constituted an approved project or projects) the same ratio as the amount of such Federal funds bore to the cost of the facility financed with the aid of such funds. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is situated.

42 U.S.C. § 3030b (Recapture of payments made for multipurpose senior centers) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Source Credit

History

(Pub. L. 89–73, title III, §312, as added Pub. L. 95–478, title I, §103(b), Oct. 18, 1978, 92 Stat. 1534; amended Pub. L. 103–171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

Editorial Notes

Editorial Notes

Amendments
1993—Par. (2). Pub. L. 103–171 substituted "Assistant Secretary" for "Commissioner".

Statutory Notes and Related Subsidiaries

Effective Date
Section effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95–478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title.