Page:United States Statutes at Large Volume 92 Part 3.djvu/693

 PUBLIC LAW 95-620—NOV. 9, 1978 (3) The Secretary of Agriculture may acquire property under paragraph (1) by condemnation only if he finds that— (A) such property is not available by means other than condemnation at a price which does not substantially exceed the fair market value of such property; (B) other real property is not similarly available which is within the same designated area and which is suitable for the purposes to which the property involved is to be applied; and (C) the State and the local governments serving such area lack the legal authority to acquire such property by condemnation. (4)(A) In the case of any real property which meets the requirements of subparagraphs (A), (B), and (C) of paragraph (1), the Secretary of Agriculture may make a grant to the State in which such property is located for the purposes of acquiring such property, and for any site development which is consistent with the plan developed under subsection (b). (B) In the case of property acquired by the Secretary of Agriculture under paragraph (1) and transferred to the State, the Secretary of Agriculture may make a grant to such unit of government for the purposes of site development which is consistent with such plan. (C) Grants for real property acquisition or site development or both under this paragraph may not exceed 75 percent of the costs thereof, as determined by the Secretary of xVgriculture. (5) In the selection of real property for acquisition and in such acquisition under this subsection, preference shall be given to real property which the Secretary of Agriculture determines at such time to be unoccupied or previously mined and abandoned. (6)(A) Property held by the United States in trust for Indians or any Indian tribe may not be acquired by condemnation under this section. (B) No property within the National Forest System (as defined in section 10 of the Forest and Rangeland Renewable Resources Planning Act of 1974) may be exchanged by the Secretary in any acquisition under paragraph (1). (d) GENERAL REQUIREMENTS REGARDING ASSISTANCE.—(1) Assistance under this section shall be provided only upon application, which application shall contain such information as the Secretary of Agriculture shall prescribe. (2) The Secretary of Agriculture may make any grant under this section in whole or in part to the local government or governments serving an area designated and approved under subsection (a), or to a council of local governments which includes one or more local governments serving such area (in lieu of making such grant solely to the State), if he has determined, after consultation with the Governor of the State, that to do so would be appropriate. (3) The iSecretary of Agriculture shall prescribe, by rule, criteria for the allocation of assistance under this section. Such criteria shall give due weight to the magnitude of the employment increase involved, the financial resources of the designated area, and the ratio of the financial burden on the area to the resources available to such area. (4) Assistance under this section shall be provided only if the Secretary of Agriculture is satisfied that— (A) the amounts expended by the State and the local governments involved for the same purposes for which such assistance is provided will not be reduced; and

92 STAT. 3325

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Indian property National Forest property.

16 USC 1608.

Allocation criteria.

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