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42 U.S.C. § 3144 (THE PUBLIC HEALTH AND WELFARE)
§ 3144. Cost sharing
(a) Federal share
Except as provided in subsection (c) of this section, the Federal share of the cost of any project carried out under this subchapter shall not exceed—
(1) 50 percent; plus
(2) an additional percent that—
(A) shall not exceed 30 percent; and
(B) is based on the relative needs of the area in which the project will be located, as determined in accordance with regulations promulgated by the Secretary.
(b) Non-Federal share
In determining the amount of the non-Federal share of the cost of a project, the Secretary may provide credit toward the non-Federal share for all contributions both in cash and in-kind, fairly evaluated, including contributions of space, equipment, assumptions of debt, and services.
(c) Increase in Federal share
(1) Indian tribes
In the case of a grant to an Indian tribe for a project under this subchapter, the Secretary may increase the Federal share above the percentage specified in subsection (a) of this section up to 100 percent of the cost of the project.
(2) Certain States, political subdivisions, and nonprofit organizations
In the case of a grant to a State, or a political subdivision of a State, that the Secretary determines has exhausted the effective taxing and borrowing capacity of the State or political subdivision, or in the case of a grant to a nonprofit organization that the Secretary determines has exhausted the effective borrowing capacity of the nonprofit organization, the Secretary may increase the Federal share above the percentage specified in subsection (a) of this section up to 100 percent of the cost of the project.
(3) Training, research, and technical assistance
In the case of a grant provided under section 3147 of this title, the Secretary may increase the Federal share above the percentage specified in subsection (a) of this section up to 100 percent of the cost of the project if the Secretary determines that the project funded by the grant merits, and is not feasible without, such an increase.
(Pub. L. 89–136, title II, § 204, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3603; amended Pub. L. 108–373, title II, § 202, Oct. 27, 2004, 118 Stat. 1759.)
heading: Prior Provisions
text: A prior section 3144, Pub. L. 89–136, title II, § 204, as added Pub. L. 94–487, title I, § 109, Oct. 12, 1976, 90 Stat. 2333; amended Pub. L. 96–470, title I, § 201(d), Oct. 19, 1980, 94 Stat. 2241; Pub. L. 96–506, § 1(4), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97–35, title XVIII, § 1821(a)(3), Aug. 13, 1981, 95 Stat. 766, authorized interest free loans to carry out approved redevelopment area plans, prior to repeal by Pub. L. 105–393, § 102(a).
heading: Amendments
text: 2004—Subsec. (a). Pub. L. 108–373, § 202(a), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “Subject to section 3145 of this title, the amount of a grant for a project under this subchapter shall not exceed 50 percent of the cost of the project.”
Subsec. (b). Pub. L. 108–373, § 202(b), inserted “assumptions of debt,” after “equipment,”.
Subsec. (c). Pub. L. 108–373, § 202(c), added subsec. (c).
42 U.S.C. § 3146 (THE PUBLIC HEALTH AND WELFARE)
§ 3146. Regulations on relative needs and allocations
In promulgating rules, regulations, and procedures for assistance under this subchapter, the Secretary shall ensure that—
(1) the relative needs of eligible areas are given adequate consideration by the Secretary, as determined based on, among other relevant factors—
(A) the severity of the rates of unemployment in the eligible areas and the duration of the unemployment;
(B) the income levels and the extent of underemployment in eligible areas; and
(C) the outmigration of population from eligible areas and the extent to which the outmigration is causing economic injury in the eligible areas;
(2) allocations of assistance under this subchapter are prioritized to ensure that the level of economic distress of an area, rather than a preference for a geographic area or a specific type of economic distress, is the primary factor in allocating the assistance;
(3)
(A) rural and urban economically distressed areas are not harmed by the establishment or implementation by the Secretary of a private sector leveraging goal for a project under this subchapter;
(B) any private sector leveraging goal established by the Secretary does not prohibit or discourage grant applicants under this subchapter from public works in, or economic development of, rural or urban economically distressed areas; and
(C) the relevant Committees of Congress are notified prior to making any changes to any private sector leveraging goal; and
(4) grants made under this subchapter promote job creation and will have a high probability of meeting or exceeding applicable performance requirements established in connection with the grants.
(Pub. L. 89–136, title II, § 206, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3604; amended Pub. L. 108–373, title II, § 204, Oct. 27, 2004, 118 Stat. 1761.)
heading: Amendments
text: 2004—Pars. (3), (4). Pub. L. 108–373 added pars. (3) and (4).
42 U.S.C. § 3147 (THE PUBLIC HEALTH AND WELFARE)
§ 3147. Grants for training, research, and technical assistance
(a) In general
(1) Grants
On the application of an eligible recipient, the Secretary may make grants for training, research, and technical assistance, including grants for program evaluation and economic impact analyses, that would be useful in alleviating or preventing conditions of excessive unemployment or underemployment.
(2) Types of assistance
Grants under paragraph (1) may be used for—
(A) project planning and feasibility studies;
(B) demonstrations of innovative activities or strategic economic development investments;
(C) management and operational assistance;
(D) establishment of university centers;
(E) establishment of business outreach centers;
(F) studies evaluating the needs of, and development potential for, economic growth of areas that the Secretary determines have substantial need for the assistance;
(G) studies that evaluate the effectiveness of coordinating projects funded under this chapter with projects funded under other Acts;
(H) assessment, marketing, and establishment of business clusters; and
(I) other activities determined by the Secretary to be appropriate.
(3) Cooperation requirement
In the case of a project assisted under this section that is national or regional in scope, the Secretary may waive the provision in section 3122(4)(A)(vi) of this title requiring a nonprofit organization or association to act in cooperation with officials of a political subdivision of a State.
(b) Methods of provision of assistance
In providing research and technical assistance under this section, the Secretary, in addition to making grants under subsection (a) of this section, may—
(1) provide research and technical assistance through officers or employees of the Department;
(2) pay funds made available to carry out this section to Federal agencies; or
(3) employ private individuals, partnerships, businesses, corporations, or appropriate institutions under contracts entered into for that purpose.
(Pub. L. 89–136, title II, § 207, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3604; amended Pub. L. 108–373, title II, § 205, Oct. 27, 2004, 118 Stat. 1761.)
heading: Amendments
text: 2004—Subsec. (a)(2)(G) to (I). Pub. L. 108–373, § 205(a), added subpars. (G) and (H) and redesignated former subpar. (G) as (I).
Subsec. (a)(3). Pub. L. 108–373, § 205(b), added par. (3) and struck out heading and text of former par. (3). Text read as follows: “In the case of a project assisted under this section, the Secretary may reduce or waive the non-Federal share, without regard to section 3144 or 3145 of this title, if the Secretary finds that the project is not feasible without, and merits, such a reduction or waiver.”
42 U.S.C. § 3148 (THE PUBLIC HEALTH AND WELFARE)
§ 3148. Repealed. Pub. L. 108–373, title II, § 206(a), Oct. 27, 2004, 118 Stat. 1761
text: Section, Pub. L. 89–136, title II, § 208, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3605, related to prevention of unfair competition.
42 U.S.C. § 3150 (THE PUBLIC HEALTH AND WELFARE)
§ 3150. Changed project circumstances
In any case in which a grant (including a supplementary grant described in section 3145 of this title) has been made by the Secretary under this subchapter (or made under this chapter, as in effect on the day before the effective date of the Economic Development Administration Reform Act of 1998) for a project, and, after the grant has been made but before completion of the project, the purpose or scope of the project that was the basis of the grant is modified, the Secretary may approve, subject (except for a grant for which funds were obligated in fiscal year 1995) to the availability of appropriations, the use of grant funds for the modified project if the Secretary determines that—
(1) the modified project meets the requirements of this subchapter and is consistent with the comprehensive economic development strategy submitted as part of the application for the grant; and
(2) the modifications are necessary to enhance economic development in the area for which the project is being carried out.
(Pub. L. 89–136, title II, § 210, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3606.)
heading: References in Text
text: For the effective date of the Economic Development Administration Reform Act of 1998, referred to in text, see section 105 of Pub. L. 105–393, set out as an Effective Date note under section 3121 of this title.
42 U.S.C. § 3152 (THE PUBLIC HEALTH AND WELFARE)
§ 3152. Reports by recipients
(a) In general
Each recipient of assistance under this subchapter shall submit reports to the Secretary at such intervals and in such manner as the Secretary shall require by regulation, except that no report shall be required to be submitted more than 10 years after the date of closeout of the assistance award.
(b) Contents
Each report shall contain an evaluation of the effectiveness of the economic assistance provided under this subchapter in meeting the need that the assistance was designed to address and in meeting the objectives of this chapter.
(Pub. L. 89–136, title II, § 212, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3606.)
heading: Prior Provisions
text: A prior section 3152, Pub. L. 89–136, title III, § 303, formerly § 302, Aug. 26, 1965, 79 Stat. 560, amended Pub. L. 91–123, title III, § 303, Nov. 25, 1969, 83 Stat. 219; Pub. L. 91–304, § 1(c), July 6, 1970, 84 Stat. 375; Pub. L. 92–65, title I, § 105, Aug. 5, 1971, 85 Stat. 167; Pub. L. 93–46, § 3(b), June 18, 1973, 87 Stat. 96; renumbered § 303 and amended Pub. L. 93–423, § 5(a), (c), Sept. 27, 1974, 88 Stat. 1159, 1160; Pub. L. 94–487, title I, § 111, Oct. 12, 1976, 90 Stat. 2334; Pub. L. 96–506, § 1(5), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97–35, title XVIII, § 1821(a)(4), Aug. 13, 1981, 95 Stat. 766, authorized appropriations for technical assistance and economic development planning, prior to repeal by Pub. L. 105–393, § 102(a).
42 U.S.C. § 3153 (THE PUBLIC HEALTH AND WELFARE)
§ 3153. Prohibition on use of funds for attorney’s and consultant’s fees
Assistance made available under this subchapter shall not be used directly or indirectly for an attorney’s or consultant’s fee incurred in connection with obtaining grants and contracts under this subchapter.
(Pub. L. 89–136, title II, § 213, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3607.)
heading: Prior Provisions
text: A prior section 3153, Pub. L. 89–136, title III, § 304, as added Pub. L. 93–423, § 5(d), Sept. 27, 1974, 88 Stat. 1160; amended Pub. L. 94–487, title I, § 112, Oct. 12, 1976, 90 Stat. 2334; Pub. L. 96–506, § 1(6), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97–35, title XVIII, § 1821(a)(5), Aug. 13, 1981, 95 Stat. 766, authorized appropriations for supplemental and basic grants and loans, prior to repeal by Pub. L. 105–393, § 102(a).
42 U.S.C. § 3154 (THE PUBLIC HEALTH AND WELFARE)
§ 3154. Special impact areas
(a) In general
On the application of an eligible recipient that is determined by the Secretary to be unable to comply with the requirements of section 3162 of this title, the Secretary may waive, in whole or in part, the requirements of section 3162 of this title and designate the area represented by the recipient as a special impact area.
(b) Conditions
The Secretary may make a designation under subsection (a) of this section only after determining that—
(1) the project will fulfill a pressing need of the area; and
(2) the project will—
(A) be useful in alleviating or preventing conditions of excessive unemployment or underemployment; or
(B) assist in providing useful employment opportunities for the unemployed or underemployed residents in the area.
(c) Notification
At the time of the designation under subsection (a) of this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notice of the designation, including a justification for the designation.
(Pub. L. 89–136, title II, § 214, as added Pub. L. 108–373, title II, § 209(a), Oct. 27, 2004, 118 Stat. 1763.)
42 U.S.C. § 3154a (THE PUBLIC HEALTH AND WELFARE)
§ 3154a. Performance awards
(a) In general
The Secretary may make a performance award in connection with a grant made, on or after October 27, 2004, to an eligible recipient for a project under section 3141 or 3149 of this title.
(b) Performance measures
(1) Regulations
The Secretary shall promulgate regulations to establish performance measures for making performance awards under subsection (a) of this section.
(2) Considerations
In promulgating regulations under paragraph (1), the Secretary shall consider the inclusion of performance measures that assess—
(A) whether the recipient meets or exceeds scheduling goals;
(B) whether the recipient meets or exceeds job creation goals;
(C) amounts of private sector capital investments leveraged; and
(D) such other factors as the Secretary determines to be appropriate.
(c) Amount of awards
(1) In general
The Secretary shall base the amount of a performance award made under subsection (a) of this section in connection with a grant on the extent to which a recipient meets or exceeds performance measures established in connection with the grant.
(2) Maximum amount
The amount of a performance award may not exceed 10 percent of the amount of the grant.
(d) Use of awards
A recipient of a performance award under subsection (a) of this section may use the award for any eligible purpose under this chapter, in accordance with section 3212 of this title and such regulations as the Secretary may promulgate.
(e) Federal share
Notwithstanding section 3144 of this title, the funds of a performance award may be used to pay up to 100 percent of the cost of an eligible project or activity.
(f) Treatment in meeting non-Federal share requirements
For the purposes of meeting the non-Federal share requirements under this, or any other, Act the funds of a performance award shall be treated as funds from a non-Federal source.
(g) Terms and conditions
In making performance awards under subsection (a) of this section, the Secretary shall establish such terms and conditions as the Secretary considers to be appropriate.
(h) Funding
The Secretary shall use any amounts made available for economic development assistance programs to carry out this section.
(i) Reporting requirement
The Secretary shall include information regarding performance awards made under this section in the annual report required under section 3213 of this title.
(j) Review by Comptroller General
(1) Review
The Comptroller General shall regularly review the implementation of this section.
(2) Report
Not later than 1 year after October 27, 2004, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the Comptroller on implementation of this subsection.
(Pub. L. 89–136, title II, § 215, as added Pub. L. 108–373, title II, § 210(a), Oct. 27, 2004, 118 Stat. 1764.)
42 U.S.C. § 3154b (THE PUBLIC HEALTH AND WELFARE)
§ 3154b. Planning performance awards
(a) In general
The Secretary may make a planning performance award in connection with a grant made, on or after October 27, 2004, to an eligible recipient for a project under this subchapter located in an economic development district.
(b) Eligibility
The Secretary may make a planning performance award to an eligible recipient under subsection (a) of this section in connection with a grant for a project if the Secretary determines before closeout of the project that—
(1) the recipient actively participated in the economic development activities of the economic development district in which the project is located;
(2) the project is consistent with the comprehensive economic development strategy of the district;
(3) the recipient worked with Federal, State, and local economic development entities throughout the development of the project; and
(4) the project was completed in accordance with the comprehensive economic development strategy of the district.
(c) Maximum amount
The amount of a planning performance award made under subsection (a) of this section in connection with a grant may not exceed 5 percent of the amount of the grant.
(d) Use of awards
A recipient of a planning performance award under subsection (a) of this section shall use the award to increase the Federal share of the cost of a project under this subchapter.
(e) Federal share
Notwithstanding section 3144 of this title, the funds of a planning performance award may be used to pay up to 100 percent of the cost of a project under this subchapter.
(f) Funding
The Secretary shall use any amounts made available for economic development assistance programs to carry out this section.
(Pub. L. 89–136, title II, § 216, as added Pub. L. 108–373, title II, § 211(a), Oct. 27, 2004, 118 Stat. 1765.)
42 U.S.C. § 3154c (THE PUBLIC HEALTH AND WELFARE)
§ 3154c. Direct expenditure or redistribution by recipient
(a) In general
Subject to subsection (b) of this section, a recipient of a grant under section 3141, 3143, or 3147 of this title may directly expend the grant funds or may redistribute the funds in the form of a subgrant to other eligible recipients to fund required components of the scope of work approved for the project.
(b) Limitation
A recipient may not redistribute grant funds received under section 3141 or 3143 of this title to a for-profit entity.
(c) Economic adjustment
Subject to subsection (d) of this section, a recipient of a grant under section 3149 of this title may directly expend the grant funds or may redistribute the funds to public and private entities in the form of a grant, loan, loan guarantee, payment to reduce interest on a loan guarantee, or other appropriate assistance.
(d) Limitation
Under subsection (c) of this section, a recipient may not provide any grant to a private for-profit entity.
(Pub. L. 89–136, title II, § 217, as added Pub. L. 108–373, title II, § 212(a), Oct. 27, 2004, 118 Stat. 1766.)
42 U.S.C. § 3154d (THE PUBLIC HEALTH AND WELFARE)
§ 3154d. Brightfields demonstration program
(a) Definition of brightfield site
In this section, the term “brightfield site” means a brownfield site that is redeveloped through the incorporation of 1 or more solar energy technologies.
(b) Demonstration program
On the application of an eligible recipient, the Secretary may make a grant for a project for the development of a brightfield site if the Secretary determines that the project will—
(1) use 1 or more solar energy technologies to develop abandoned or contaminated sites for commercial use; and
(2) improve the commercial and economic opportunities in the area in which the project is located.
(c) Savings clause
To the extent that any portion of a grant awarded under subsection (b) of this section involves remediation, the remediation shall be subject to section 3222 of this title.
(d) Authorization of appropriations
There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2004 through 2008, to remain available until expended.
(Pub. L. 89–136, title II, § 218, as added Pub. L. 108–373, title II, § 213(a), Oct. 27, 2004, 118 Stat. 1766.)
42 U.S.C. § 3162 (THE PUBLIC HEALTH AND WELFARE)
§ 3162. Comprehensive economic development strategies
(a) In general
The Secretary may provide assistance under section 3141 or 3149 of this title (except for planning assistance under section 3149 of this title) to an eligible recipient for a project only if the eligible recipient submits to the Secretary, as part of an application for the assistance—
(1) an identification of the economic development problems to be addressed using the assistance;
(2) an identification of the past, present, and projected future economic development investments in the area receiving the assistance and public and private participants and sources of funding for the investments; and
(3)
(A) a comprehensive economic development strategy for addressing the economic problems identified under paragraph (1) in a manner that promotes economic development and opportunity, fosters effective transportation access, maximizes effective development and use of the workforce consistent with any applicable State or local workforce investment strategy, promotes the use of technology in economic development (including access to high-speed telecommunications), enhances and protects the environment, and balances resources through sound management of development; and
(B) a description of how the strategy will solve the problems.
(b) Approval of comprehensive economic development strategy
The Secretary shall approve a comprehensive economic development strategy that meets the requirements of subsection (a) of this section to the satisfaction of the Secretary.
(c) Approval of other plan
(1) In general
The Secretary may accept as a comprehensive economic development strategy a satisfactory plan developed under another federally supported program.
(2) Existing strategy
To the maximum extent practicable, a plan submitted under this paragraph shall be consistent and coordinated with any existing comprehensive economic development strategy for the area.
(Pub. L. 89–136, title III, § 302, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3608; amended Pub. L. 108–373, title III, § 302, Oct. 27, 2004, 118 Stat. 1767.)
heading: Prior Provisions
text: A prior section 3162, Pub. L. 89–136, title IV, § 402, Aug. 26, 1965, 79 Stat. 561; Pub. L. 92–65, title I, § 107, Aug. 5, 1971, 85 Stat. 167, required annual review of area eligibility, prior to repeal by Pub. L. 105–393, § 102(a).
A prior section 302 of Pub. L. 89–136 was classified to section 3151a of this title prior to repeal by Pub. L. 105–393, § 102(a).
heading: Amendments
text: 2004—Subsec. (a)(3)(A). Pub. L. 108–373, § 302(a), inserted “maximizes effective development and use of the workforce consistent with any applicable State or local workforce investment strategy, promotes the use of technology in economic development (including access to high-speed telecommunications),” after “access,”.
Subsec. (c). Pub. L. 108–373, § 302(b), designated existing provisions as par. (1), inserted heading, and added par. (2).