PUBLIC LAW 102-550—OCT. 28, 1992

106 STAT. 3935

(II) adequate in size to accommodate the occu-
pants;

(III) functionally equivalent; and

(IV) in an area not subject to unreasonably
adverse environmental conditions; and

(B) provide that persons displaced shall have the right
to elect, as an alternative to the benefits under this sub-
section, to receive benefits under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of
1970 if such persons determine that it is in their best
interest to do so; and

(C) provide that where a claim for assistance under
subparagraph (AXiv) is denied by the unit of general local
government, the claimant may appeal to the Secretary,
and that the decision of the Secretary shall be final unless
a court determines the decision was arbitrary and capri-
cious.

(2) EXCEPTION.—Paragraphs (IXAXi) and (IXAXii) shall
not apply in any case in which the Secretary finds, on the
basis of objective data, that there is available in the area
an adequate supply of habitable affordable housing for low-
and moderate-income persons. A determination under this para-
graph shall be final and nonreviewable.

(e) ELIGIBLE ACTIVITIES.—Activities assisted with amounts pro-
vided under this section may include only the following activities:

(1) ACQUISITION OF REAL PROPERTY.—The acquisition of
real property (including air rights, water rights, and other
interests therein) that is located within the new town dem-
onstration area and is—

(A) blighted, deteriorated, undeveloped, or inappropri-
ately developed from the standpoint of sound community
development and growth;

(B) appropriate for rehabilitation activities;

(C) appropriate for the preservation or restoration of
historic sites, the beautification of urban land, the con-
servation of open spaces, natural resources, and scenic
areas, the provision of recreational opportunities, or the
guidance of urban development;

(D) to be used for the provision of public works, facili-
ties, and improvements eligible for assistance under this
section;

(E) to be used as a facility for coordinating and provid-
ing activities and services for high risk youth (as such
term is defined in section 509A of the Public Health Service
Act); or

(F) to be used for other public purposes.

(2) CONSTRUCTION OF PUBLIC WORKS AND FACILITIES.—The
acquisition, construction, rehabilitation, or installation of public
works or public facilities within the new town demonstration
area, including buildings for the general conduct of government
and facilities for coordinating and providing activities and serv-
ices for high risk youth (as such term is defined in section
509A of the Public Health Service Act).

(3) CLEARANCE AND REHABILITATION OF BUILDINGS.—The
clearance, removal, and rehabilitation of buildings and improve-
ments located within the new town demonstration area, includ-
ing interim assistance, assistance for facilities for coordinating