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42 U.S.C. § 3132 (THE PUBLIC HEALTH AND WELFARE)
§ 3132. Cooperation of Federal agencies
In accordance with applicable laws and subject to the availability of appropriations, each Federal agency shall exercise its powers, duties and functions, and shall cooperate with the Secretary, in such manner as will assist the Secretary in carrying out this subchapter.
(Pub. L. 89–136, title I, § 102, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3601.)
heading: Prior Provisions
text: A prior section 3132, Pub. L. 89–136, title I, § 102, Aug. 26, 1965, 79 Stat. 554; Pub. L. 93–423, § 2, Sept. 27, 1974, 88 Stat. 1158; Pub. L. 94–487, title I, § 104, Oct. 12, 1976, 90 Stat. 2331; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 96–506, § 1(1), Dec. 8, 1980, 94 Stat. 2745, authorized grants for operation of health projects, prior to repeal by Pub. L. 105–393, § 102(a).
heading: Effective Date
text: Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.
42 U.S.C. § 3133 (THE PUBLIC HEALTH AND WELFARE)
§ 3133. Coordination
(a) In general
The Secretary shall coordinate activities relating to the preparation and implementation of comprehensive economic development strategies under this chapter with Federal agencies carrying out other Federal programs, States, economic development districts, Indian tribes, and other appropriate planning and development organizations.
(b) Meetings
To carry out subsection (a), or for any other purpose relating to economic development activities, the Secretary may convene meetings with Federal agencies, State and local governments, economic development districts, Indian tribes, and other appropriate planning and development organizations.
(Pub. L. 89–136, title I, § 103, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3601; amended Pub. L. 108–373, title I, § 104, Oct. 27, 2004, 118 Stat. 1759.)
heading: Prior Provisions
text: A prior section 3133, Pub. L. 89–136, title I, § 103, Aug. 26, 1965, 79 Stat. 554, set limitation on funds which could be expended in any one State, prior to repeal by Pub. L. 105–393, § 102(a).
A prior section 3134, Pub. L. 89–136, title I, § 104, Aug. 26, 1965, 79 Stat. 554, related to the ineligibility of Appalachian region projects for appropriations under this subchapter, prior to repeal by Pub. L. 94–188, title I, § 123, Dec. 31, 1975, 89 Stat. 1086.
Prior sections 3135 to 3137 were repealed by Pub. L. 105–393, § 102(a).
Section 3135, Pub. L. 89–136, title I, § 105, Aug. 26, 1965, 79 Stat. 554; Pub. L. 91–123, title III, § 301(2), Nov. 25, 1969, 83 Stat. 219; Pub. L. 91–304, § 1(a), July 6, 1970, 84 Stat. 375; Pub. L. 92–65, title I, § 103, Aug. 5, 1971, 85 Stat. 166; Pub. L. 93–46, § 1, June 18, 1973, 87 Stat. 96; Pub. L. 93–423, § 1, Sept. 27, 1974, 88 Stat. 1158; Pub. L. 94–487, title I, § 105, Oct. 12, 1976, 90 Stat. 2331; Pub. L. 96–506, § 1(2), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97–35, title XVIII, § 1821(a)(1), Aug. 13, 1981, 95 Stat. 766, authorized appropriations to carry out this subchapter from fiscal year ending June 30, 1966, to fiscal year ending Sept. 30, 1982.
Section 3136, Pub. L. 89–136, title I, § 106, Aug. 26, 1965, 79 Stat. 554; 1966 Reorg. Plan No. 2, § 1(h)(3), eff. May 10, 1966, 31 F.R. 6857, 80 Stat. 1608; 1970 Reorg. Plan No. 3, § 2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, conditioned use of financial assistance for sewer or other waste disposal facilities upon certification by Administrator of Environmental Protection Agency.
Section 3137, Pub. L. 89–136, title I, § 107, as added Pub. L. 94–487, title I, § 106, Oct. 12, 1976, 90 Stat. 2332, authorized increase in amount of grant for construction cost increases after grant had been made.
heading: Amendments
text: 2004—Pub. L. 108–373 designated existing provisions as subsec. (a), inserted heading, inserted “Indian tribes,” after “districts,”, and added subsec. (b).
heading: Effective Date
text: Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.
42 U.S.C. § 3141 (THE PUBLIC HEALTH AND WELFARE)
§ 3141. Grants for public works and economic development
(a) In general
On the application of an eligible recipient, the Secretary may make grants for—
(1) acquisition or development of land and improvements for use for a public works, public service, or development facility; and
(2) acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of such a facility, including related machinery and equipment.
(b) Criteria for grant
The Secretary may make a grant under this section only if the Secretary determines that—
(1) the project for which the grant is applied for will, directly or indirectly—
(A) improve the opportunities, in the area where the project is or will be located, for the successful establishment or expansion of industrial or commercial plants or facilities;
(B) assist in the creation of additional long-term employment opportunities in the area; or
(C) primarily benefit the long-term unemployed and members of low-income families;
(2) the project for which the grant is applied for will fulfill a pressing need of the area, or a part of the area, in which the project is or will be located; and
(3) the area for which the project is to be carried out has a comprehensive economic development strategy and the project is consistent with the strategy.
(c) Maximum assistance for each State
Not more than 15 percent of the amounts made available to carry out this section may be expended in any 1 State.
(Pub. L. 89–136, title II, § 201, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3601.)
heading: Prior Provisions
text: A prior section 3141, Pub. L. 89–136, title II, § 201, Aug. 26, 1965, 79 Stat. 554; Pub. L. 91–304, § 1(b), July 6, 1970, 84 Stat. 375; Pub. L. 92–65, title I, § 104, Aug. 5, 1971, 85 Stat. 167; Pub. L. 93–46, § 2, June 18, 1973, 87 Stat. 96; Pub. L. 93–423, § 4(a), Sept. 27, 1974, 88 Stat. 1158; Pub. L. 94–487, title I, § 107(a), (b), Oct. 12, 1976, 90 Stat. 2332; Pub. L. 96–506, § 1(3), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97–35, title XVIII, § 1821(a)(2), Aug. 13, 1981, 95 Stat. 766, authorized public works and development facility loans, prior to repeal by Pub. L. 105–393, § 102(a).
heading: Effective Date
text: Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.
42 U.S.C. § 3142 (THE PUBLIC HEALTH AND WELFARE)
§ 3142. Base closings and realignments
Notwithstanding any other provision of law, the Secretary may provide to an eligible recipient any assistance available under this subchapter for a project to be carried out on a military or Department of Energy installation that is closed or scheduled for closure or realignment without requiring that the eligible recipient have title to the property or a leasehold interest in the property for any specified term.
(Pub. L. 89–136, title II, § 202, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3602.)
heading: Prior Provisions
text: A prior section 3142, Pub. L. 89–136, title II, § 202, Aug. 26, 1965, 79 Stat. 556; Pub. L. 93–423, § 4(b), Sept. 27, 1974, 88 Stat. 1158; Pub. L. 94–487, title I, §§ 107(c), (d), 108, Oct. 12, 1976, 90 Stat. 2332, authorized business loans and loan guarantees, prior to repeal by Pub. L. 105–393, § 102(a).
A prior section 3142–1, Pub. L. 91–596, § 28(d), Dec. 29, 1970, 84 Stat. 1618; Pub. L. 93–237, § 2(c), Jan. 2, 1974, 87 Stat. 1024, which authorized loans for small business compliance with occupational safety and health standards, was omitted from the Code in view of the repeal of subchapter II of this chapter by Pub. L. 105–393.
A prior section 3142a, Pub. L. 89–298, title II, § 217, Oct. 27, 1965, 79 Stat. 1088, which authorized purchase of indebtedness and loans for waterways projects, was transferred to section 2220 of Title 33, Navigation and Navigable Waters.
heading: Effective Date
text: Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.
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).
heading: Effective Date
text: Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.
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), 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.”
heading: Effective Date
text: Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.
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.
heading: Effective Date
text: Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a 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).
heading: Effective Date
text: Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.
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).
heading: Effective Date
text: Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.
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) 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).
heading: Effective Date
text: Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.
42 U.S.C. § 3171 (THE PUBLIC HEALTH AND WELFARE)
§ 3171. Designation of economic development districts
(a) In general
In order that economic development projects of broad geographic significance may be planned and carried out, the Secretary may designate appropriate economic development districts in the United States, with the concurrence of the States in which the districts will be wholly or partially located, if—
(1) the proposed district is of sufficient size or population, and contains sufficient resources, to foster economic development on a scale involving more than a single area described in section 3161(a) of this title;
(2) the proposed district contains at least 1 area described in section 3161(a) of this title; and
(3) the proposed district has a comprehensive economic development strategy that—
(A) contains a specific program for intra-district cooperation, self-help, and public investment; and
(B) is approved by each affected State and by the Secretary.
(b) Authorities
The Secretary may, under regulations promulgated by the Secretary—
(1) invite the States to determine boundaries for proposed economic development districts;
(2) cooperate with the States—
(A) in sponsoring and assisting district economic planning and economic development groups; and
(B) in assisting the district groups in formulating comprehensive economic development strategies for districts; and
(3) encourage participation by appropriate local government entities in the economic development districts.
(Pub. L. 89–136, title IV, § 401, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3608.)
heading: Prior Provisions
text: A prior section 3171, Pub. L. 89–136, title IV, § 403, Aug. 26, 1965, 79 Stat. 562; Pub. L. 91–304, § 1(d), July 6, 1970, 84 Stat. 375; Pub. L. 92–65, title I, § 108, Aug. 5, 1971, 85 Stat. 167; Pub. L. 93–46, § 4, June 18, 1973, 87 Stat. 96; Pub. L. 93–423, § 7, Sept. 27, 1974, 88 Stat. 1161; Pub. L. 94–487, title I, § 115, Oct. 12, 1976, 90 Stat. 2335; Pub. L. 96–506, § 1(7), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97–35, title XVIII, § 1821(a)(6), Aug. 13, 1981, 95 Stat. 766, authorized Secretary to designate economic development districts and centers, prior to repeal by Pub. L. 105–393, § 102(a).
A prior section 401 of Pub. L. 89–136 was classified to section 3161 of this title prior to repeal by Pub. L. 105–393, § 102(a).
heading: Effective Date
text: Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.
42 U.S.C. § 3172 (THE PUBLIC HEALTH AND WELFARE)
§ 3172. Termination or modification of economic development districts
The Secretary shall, by regulation, promulgate standards for the termination or modification of the designation of economic development districts.
(Pub. L. 89–136, title IV, § 402, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3609.)
heading: Prior Provisions
text: A prior section 3172, Pub. L. 89–136, title IV, § 404, as added Pub. L. 93–423, § 8, Sept. 27, 1974, 88 Stat. 1162; amended Pub. L. 94–487, title I, § 116, Oct. 12, 1976, 90 Stat. 2335; Pub. L. 96–506, § 1(8), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97–35, title XVIII, § 1821(a)(7), Aug. 13, 1981, 95 Stat. 766, authorized additional appropriations for Indian economic development, prior to repeal by Pub. L. 105–393, § 102(a).
A prior section 402 of Pub. L. 89–136 was classified to section 3162 of this title prior to repeal by Pub. L. 105–393, § 102(a).
heading: Effective Date
text: Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.