**(a) Refusal to approve application; procedure; jurisdiction of court of appeals** If the Surgeon General refuses to approve any application for a project submitted under [section 291e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291e&num=0&edition=prelim) or [section 291j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291j&num=0&edition=prelim), the State agency through which such application was submitted, or if any State is dissatisfied with his action under [section 291g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291g&num=0&edition=prelim) such State may appeal to the United States court of appeals for the circuit in which such State is located, by filing a petition with such court within sixty days after such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Surgeon General, or any officer designated by him for that purpose. The Surgeon General shall thereupon file in the court the record of the proceedings on which he based his action, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Surgeon General or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record, the Surgeon General may modify or set aside his order.
**(b) Conclusiveness of Surgeon General’s findings; remand; new or modified findings** The findings of the Surgeon General as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may r
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Source location: Title 42, Chapter 6A, § 291i; chapter-6a-public-health-service.md
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**(a) Refusal to approve application; procedure; jurisdiction of court of appeals** If the Surgeon General refuses to approve any application for a project submitted under [section 291e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291e&num=0&edition=prelim) or [section 291j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291j&num=0&edition=prelim), the State agency through which such application was submitted, or if any State is dissatisfied with his action under [section 291g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291g&num=0&edition=prelim) such State may appeal to the United States court of appeals for the circuit in which such State is located, by filing a petition with such court within sixty days after such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Surgeon General, or any officer designated by him for that purpose. The Surgeon General shall thereupon file in the court the record of the proceedings on which he based his action, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Surgeon General or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record, the Surgeon General may modify or set aside his order.
**(b) Conclusiveness of Surgeon General’s findings; remand; new or modified findings** The findings of the Surgeon General 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 Surgeon General to take further evidence, and the Surgeon General 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.
**(c) Review by Supreme Court; stay of Surgeon General’s action** The judgment of the court affirming or setting aside, in whole or in part, any action of the Surgeon General 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim). The commencement of proceedings under this section shall not, unless so specifically ordered by the court, operate as a stay of the Surgeon General’s action.
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Federal law — U.S. Code and appendices · legal_authorities
§ 291i. Recovery of expenditures under certain
conditions
(a) Persons liable
If any facility with respect to which funds
have been paid under section 291f of this title
shall, at any time within 20 years after the com-
pletion of construction or modernization—
(1) be sold or transferred to any entity (A)
which is not qualified to file an application
under section 291e of this title, or (B) which is
not approved as a transferee by the State
agency designated pursuant to section 291d of
this title, or its successor, or
(2) cease to be a public health center or a
public or other nonprofit hospital, outpatient
facility, facility for long-term care, or reha-
bilitation facility,
the United States shall be entitled to recover,
whether from the transferor or the transferee
(or, in the case of a facility which has ceased to
be public or nonprofit, from the owners thereof)
an amount determined under subsection (c).
(b) Notice to Secretary
The transferor of a facility which is sold or
transferred as described in subsection (a)(1), or
the owner of a facility the use of which is
changed as described in subsection (a)(2), shall
provide the Secretary written notice of such
sale, transfer, or change not later than the expi-
ration of 10 days from the date on which such
sale, transfer, or change occurs.
(c) Amount of recovery; interest; interest period
(1) Except as provided in paragraph (2), the
amount the United States shall be entitled to
recover under subsection (a) is an amount bear-
ing the same ratio to the then value (as deter-
mined by the agreement of the parties or in an
action brought in the district court of the
United States for the district for which the fa-
cility involved is situated) of so much of the fa-
cility as constituted an approv