Page:United States Statutes at Large Volume 88 Part 2.djvu/953

 88 STAT. ]

PUBLIC LAW 93-641-JAN. 4, 1975

"(b) An application for a grant under subsection (a) may not be approved under section 1604 unless it contains assurances satisfactory to the Secretary that the applicant making the application would not be able to complete the project for which the application is submitted without the grant applied for. "(c) The amount of any grant under subsection (a) may not exceed 75 per centum of the cost of the project for which the grant is made unless the project is located in an area determined by the Secretary to be an urban or rural poverty area, in which case the grant may cover up to 100 per centum of such costs. " (d) Of the sums appropriated under section 1613 for a fis'^al year, there shall be made available for grants under subsection (a) for such fiscal year 22 per centum of such sums.

2269

cost limitation.

"PART E—GENERAL PROVISIONS "JUDICIAL REVIEW

"SEC. 1 a m If— "(1) the Secretary refuses to approve an application for a project submitted under section 1604, the State Agency through which such application was submitted, or "(2) any State is dissatisfied with, or any entity will be adversely aft'ected by, the Secretary's action under section 1612, such State or entity, may appeal to the United Sta^^os court of appeals for the circuit h\ which such State Agency, State, or entity is located, by filing a petition with such court within sixty days after such action. A copv of the petition sluil] be forthwith transmitted by the clerk of the court to the Secretary, or any officer designated by him for that purpose. The Secretary thereujion shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28. Ignited States Code. Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record, the Secretary may modify or set aside his order. The findings of the Secretary as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in whole or in part, any action of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28. United States Code. The commencement of proceedings under this section shall not, unless so specifically ordered by the Court, operate as a stay of the Secretary's action.

42 USC 300s.

a RECOVERY

"SEC. 16.S1. (a) If any facility constructed, modernized, or converted with funds provided under this title is, at any time within twenty years after the completion of such construction, modernization, or conversion with such funds— "(1) sold or transferred to any person or entity (A) which is not qualified to file an applica^^ion under section 1604, or /'B) which is not approved as a transferee by the State Agency of the State in which such facility is located, or its successor; or

42 USC 300S-1.

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