-CITE- 42 USC CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT -HEAD- CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT -MISC1- Sec. 3121. Findings and declarations. (a) Findings. (b) Declarations. 3122. Definitions. 3123. Discrimination on basis of sex prohibited in federally assisted programs. SUBCHAPTER I - ECONOMIC DEVELOPMENT PARTNERSHIPS COOPERATION AND COORDINATION 3131. Establishment of economic development partnerships. (a) In general. (b) Technical assistance. (c) Intergovernmental review. (d) Cooperation agreements. 3132. Cooperation of Federal agencies. 3133. Coordination. (a) In general. (b) Meetings. SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT 3141. Grants for public works and economic development. (a) In general. (b) Criteria for grant. (c) Maximum assistance for each State. 3142. Base closings and realignments. 3143. Grants for planning and grants for administrative expenses. (a) In general. (b) Planning process. (c) Use of planning assistance. (d) State plans. 3144. Cost sharing. (a) Federal share. (b) Non-Federal share. (c) Increase in Federal share. 3145. Supplementary grants. (a) Definition of designated Federal grant program. (b) Supplementary grants. (c) Requirements applicable to supplementary grants. 3146. Regulations on relative needs and allocations. 3147. Grants for training, research, and technical assistance. (a) In general. (b) Methods of provision of assistance. 3148. Repealed. 3149. Grants for economic adjustment. (a) In general. (b) Criteria for assistance. (c) Particular community assistance. (d) Special provisions relating to revolving loan fund grants. 3150. Changed project circumstances. 3151. Use of funds in projects constructed under projected cost. (a) In general. (b) Other uses of excess funds. (c) Transferred funds. (d) Review by Comptroller General. 3152. Reports by recipients. (a) In general. (b) Contents. 3153. Prohibition on use of funds for attorney's and consultant's fees. 3154. Special impact areas. (a) In general. (b) Conditions. (c) Notification. 3154a. Performance awards. (a) In general. (b) Performance measures. (c) Amount of awards. (d) Use of awards. (e) Federal share. (f) Treatment in meeting non-Federal share requirements. (g) Terms and conditions. (h) Funding. (i) Reporting requirement. (j) Review by Comptroller General. 3154b. Planning performance awards. (a) In general. (b) Eligibility. (c) Maximum amount. (d) Use of awards. (e) Federal share. (f) Funding. 3154c. Direct expenditure or redistribution by recipient. (a) In general. (b) Limitation. (c) Economic adjustment. (d) Limitation. 3154d. Brightfields demonstration program. (a) Definition of brightfield site. (b) Demonstration program. (c) Savings clause. (d) Authorization of appropriations. SUBCHAPTER III - ELIGIBILITY; COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES 3161. Eligibility of areas. (a) In general. (b) Political boundaries of areas. (c) Documentation. (d) Prior designations. 3162. Comprehensive economic development strategies. (a) In general. (b) Approval of comprehensive economic development strategy. (c) Approval of other plan. SUBCHAPTER IV - ECONOMIC DEVELOPMENT DISTRICTS 3171. Designation of economic development districts. (a) In general. (b) Authorities. 3172. Termination or modification of economic development districts. 3173. Repealed. 3174. Provision of comprehensive economic development strategies to Regional Commissions. 3175. Assistance to parts of economic development districts not in eligible areas. SUBCHAPTER V - ADMINISTRATION 3191. Assistant Secretary for Economic Development. (a) In general. (b) Compensation. (c) Duties. 3192. Economic development information clearinghouse. 3193. Consultation with other persons and agencies. (a) Consultation on problems relating to employment. (b) Consultation on administration of chapter. 3194. Administration, operation, and maintenance. 3195. Repealed. 3196. Performance evaluations of grant recipients. (a) In general. (b) Purpose of evaluations of university centers. (c) Timing of evaluations. (d) Evaluation criteria. (e) Peer review. 3197. Notification of reorganization. SUBCHAPTER VI - MISCELLANEOUS 3211. Powers of Secretary. (a) In general. (b) Deficiency judgments. (c) Inapplicability of certain other requirements. (d) Property interests. (e) Powers of conveyance and execution. 3212. Maintenance of standards. 3213. Annual report to Congress. (a) In general. (b) Inclusions. 3214. Delegation of functions and transfer of funds among Federal agencies. (a) Delegation of functions to other Federal agencies. (b) Transfer of funds to other Federal agencies. (c) Transfer of funds from other Federal agencies. 3215. Penalties. (a) False statements; security overvaluation. (b) Embezzlement and fraud-related crimes. 3216. Employment of expediters and administrative employees. 3217. Maintenance and public inspection of list of approved applications for financial assistance. (a) In general. (b) Additions to list. 3218. Records and audits. (a) Recordkeeping and disclosure requirements. (b) Access to books for examination and audit. 3219. Relationship to assistance under other law. 3220. Acceptance of certifications by applicants. 3221. Brownfields redevelopment report. (a) Definition of brownfield site. (b) Report. 3222. Savings clause. SUBCHAPTER VII - FUNDING 3231. General authorization of appropriations. (a) Economic development assistance programs. (b) Salaries and expenses. 3232. Authorization of appropriations for defense conversion activities. (a) In general. (b) Pilot projects. 3233. Authorization of appropriations for disaster economic recovery activities. (a) In general. (b) Federal share. 3234. Funding for grants for planning and grants for administrative expenses. -End- -CITE- 42 USC Sec. 3121 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT -HEAD- Sec. 3121. Findings and declarations -STATUTE- (a) Findings Congress finds that - (1) there continue to be areas of the United States experiencing chronic high unemployment, underemployment, outmigration, and low per capita incomes, as well as areas facing sudden and severe economic dislocations because of structural economic changes, changing trade patterns, certain Federal actions (including environmental requirements that result in the removal of economic activities from a locality), and natural disasters; (2) economic growth in the States, cities, and rural areas of the United States is produced by expanding economic opportunities, expanding free enterprise through trade, developing and strengthening public infrastructure, and creating a climate for job creation and business development; (3) the goal of Federal economic development programs is to raise the standard of living for all citizens and increase the wealth and overall rate of growth of the economy by encouraging communities to develop a more competitive and diversified economic base by - (A) creating an environment that promotes economic activity by improving and expanding public infrastructure; (B) promoting job creation through increased innovation, productivity, and entrepreneurship; and (C) empowering local and regional communities experiencing chronic high unemployment and low per capita income to develop private sector business and attract increased private sector capital investment; (4) while economic development is an inherently local process, the Federal Government should work in partnership with public and private State, regional, tribal, and local organizations to maximize the impact of existing resources and enable regions, communities, and citizens to participate more fully in the American dream and national prosperity; (5) in order to avoid duplication of effort and achieve meaningful, long-lasting results, Federal, State, tribal, and local economic development activities should have a clear focus, improved coordination, a comprehensive approach, and simplified and consistent requirements; and (6) Federal economic development efforts will be more effective if the efforts are coordinated with, and build upon, the trade, workforce investment, transportation, and technology programs of the United States. (b) Declarations In order to promote a strong and growing economy throughout the United States, Congress declares that - (1) assistance under this chapter should be made available to both rural- and urban-distressed communities; (2) local communities should work in partnership with neighboring communities, the States, Indian tribes, and the Federal Government to increase the capacity of the local communities to develop and implement comprehensive economic development strategies to alleviate economic distress and enhance competitiveness in the global economy; (3) whether suffering from long-term distress or a sudden dislocation, distressed communities should be encouraged to support entrepreneurship to take advantage of the development opportunities afforded by technological innovation and expanding newly opened global markets; and (4) assistance under this chapter should be made available to promote the productive reuse of abandoned industrial facilities and the redevelopment of brownfields. -SOURCE- (Pub. L. 89-136, Sec. 2, as added Pub. L. 105-393, title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3598; amended Pub. L. 108-373, title I, Sec. 101, Oct. 27, 2004, 118 Stat. 1757.) -MISC1- PRIOR PROVISIONS A prior section 3121, Pub. L. 89-136, Sec. 2, Aug. 26, 1965, 79 Stat. 552; Pub. L. 94-487, title I, Sec. 102, Oct. 12, 1976, 90 Stat. 2331, set forth congressional findings and statement of purpose of chapter, prior to repeal by Pub. L. 105-393, Sec. 102(a). AMENDMENTS 2004 - Pub. L. 108-373 reenacted section catchline without change and amended text generally, substituting pars. (1) to (6) for former pars. (1) to (8) in subsec. (a) and pars. (1) to (4) for former pars. (1) to (3) in subsec. (b). EFFECTIVE DATE Pub. L. 105-393, title I, Sec. 105, Nov. 13, 1998, 112 Stat. 3618, provided that: "This title [see Short Title of 1998 Amendment note set out below] and the amendments made by this title shall take effect on a date determined by the Secretary of Commerce, but not later than 90 days after the date of enactment of this Act [Nov. 13, 1998]." [Effective Feb. 11, 1999, see 64 F.R. 9222.] SHORT TITLE OF 2004 AMENDMENT Pub. L. 108-373, Sec. 1(a), Oct. 27, 2004, 118 Stat. 1756, provided that: "This Act [enacting sections 3154 to 3154d, 3221, 3222, and 3234 of this title, amending this section and sections 3122, 3131, 3133, 3143 to 3147, 3149, 3151, 3161, 3162, 3174, 3192, 3196, 3212, 3213, 3219, and 3231 of this title, and repealing sections 3148, 3173, and 3195 of this title] may be cited as the 'Economic Development Administration Reauthorization Act of 2004'." SHORT TITLE OF 1998 AMENDMENT Pub. L. 105-393, Sec. 1(a), Nov. 13, 1998, 112 Stat. 3596, provided that: "This Act [see Tables for classification] may be cited as the 'Economic Development Administration and Appalachian Regional Development Reform Act of 1998'." Pub. L. 105-393, title I, Sec. 101, Nov. 13, 1998, 112 Stat. 3597, provided that: "This title [enacting subchapters I to VII of this chapter, transferring section 3222 of this title to section 3212 of this title, amending section 5316 of Title 5, Government Organization and Employees, repealing former subchapters I to X of this chapter, enacting provisions set out as notes under this section, and repealing provisions set out as a note under this section] may be cited as the 'Economic Development Administration Reform Act of 1998'." SHORT TITLE OF 1976 AMENDMENT Pub. L. 94-487, Sec. 101, Oct. 12, 1976, 90 Stat. 2331, provided that: "This Act [enacting sections 3137, 3144, 3173, and 3246h of this title, amending this section and sections 3131, 3132, 3135, 3141, 3142, 3151a, 3152, 3153, 3161, 3171, 3172, 3188a, 3214, 3241, 3243, 3245, 3246a to 3246c, and 3246e to 3246g of this title, repealing section 3246d of this title, enacting provisions set out as notes under this section, and amending provisions set out as a note under section 3162 of this title] may be cited as the 'Public Works and Economic Development Act Amendments of 1976'." SHORT TITLE OF 1975 AMENDMENTS Pub. L. 94-188, Sec. 1, Dec. 31, 1975, 89 Stat. 1079, provided: "That this Act [enacting sections 3194 to 3196 of this title and sections 225 and 303 of the Appendix to former Title 40, Public Buildings, Property, and Works, amending sections 3181, 3182, 3188a and 3192 of this title, and sections 2, 101, 102, 105-107, 201, 202, 205, 207, 211, 214, 223, 224, 302, 401 and 405 of the Appendix to former Title 40, repealing section 3134 of this title, and enacting provisions set out as notes under sections 3181 and 3183 of this title and sections 1, 2 and 201 of the Appendix of former Title 40] may be cited as the 'Regional Development Act of 1975'." Pub. L. 94-188, title II, Sec. 201, Dec. 31, 1975, 89 Stat. 1087, provided that: "This title [enacting sections 3194 to 3196 of this title, amending sections 3181, 3182, 3188a, and 3192 of this title, and enacting provisions set out as note under section 3183 of this title] may be cited as the 'Regional Action Planning Commission Improvement Act of 1975'." SHORT TITLE OF 1974 AMENDMENT Pub. L. 93-567, Sec. 1, Dec. 31, 1974, 88 Stat. 1845, provided: "That this Act [enacting sections 3246 to 3246g of this title and sections 961 to 966 of Title 29, Labor, amending section 1244 of Title 20, Education, and sections 841, 842, 844, 845, 849 to 851, 981, and 983 of Title 29, and enacting provisions set out as notes under sections 3304 of Title 26, Internal Revenue Code, and 4102 of Title 38, Veterans' Benefits] may be cited as the 'Emergency Jobs and Unemployment Assistance Act of 1974'." SHORT TITLE OF 1971 AMENDMENT Pub. L. 92-65, title I, Sec. 101, Aug. 5, 1971, 85 Stat. 166, provided that: "This title [enacting section 3123 of this title and amending this section, sections 3135, 3141, 3152, 3161, 3162, 3171, 3188a, and 3191 of this title, and provisions set out as a note under section 3162 of this title] may be cited as the 'Public Works and Economic Development Act Amendments of 1971'." SHORT TITLE OF 1969 AMENDMENT Pub. L. 91-123, title II, Sec. 201, Nov. 25, 1969, 83 Stat. 216, provided that: "This title [enacting sections 3190, 3191, and 3192 of this title and amending this section and sections 3185, 3186, and 3188a of this title] may be cited as the 'Regional Action Planning Commission Amendments of 1969'." SHORT TITLE Pub. L. 89-136, Sec. 1(a), as added Pub. L. 105-393, title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3597, provided that: "This Act [enacting this chapter] may be cited as the 'Public Works and Economic Development Act of 1965'." A prior section 1 of Pub. L. 89-136, which provided that Pub. L. 89-136 could be cited as the "Public Works and Economic Development Act of 1965", was repealed by Pub. L. 105-393, title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3597. TRANSITION PROVISIONS Pub. L. 105-393, title I, Sec. 104, Nov. 13, 1998, 112 Stat. 3617, provided that: "(a) Existing Rights, Duties, and Obligations. - This title [see Short Title of 1998 Amendment note set out above], including the amendments made by this title, does not affect the validity of any right, duty, or obligation of the United States or any other person arising under any contract, loan, or other instrument or agreement that was in effect on the day before the effective date of this title [see Effective Date note set out above]. "(b) Continuation of Suits. - No action or other proceeding commenced by or against any officer or employee of the Economic Development Administration shall abate by reason of the enactment of this title. "(c) Liquidating Account. - The Economic Development Revolving Fund established under section 203 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3143) (as in effect on the day before the effective date of this title) shall continue to be available to the Secretary of Commerce as a liquidating account (as defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) for payment of obligations and expenses in connection with financial assistance provided under - "(1) the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.); "(2) the Area Redevelopment Act (42 U.S.C. 2501 et seq.); and "(3) the Trade Act of 1974 (19 U.S.C. 2101 et seq.). "(d) Administration. - The Secretary of Commerce shall take such actions authorized before the effective date of this title as are appropriate to administer and liquidate grants, contracts, agreements, loans, obligations, debentures, or guarantees made by the Secretary under law in effect before the effective date of this title." DENALI COMMISSION Pub. L. 105-277, div. C, title III, Oct. 21, 1998, 112 Stat. 2681- 637, as amended by Pub. L. 106-31, title I, Sec. 105(a), May 21, 1999, 113 Stat. 62; Pub. L. 106-113, div. B, Sec. 1000(a)(4) [title VII, Sec. 701], Nov. 29, 1999, 113 Stat. 1535, 1501A-280; Pub. L. 108-7, div. A, title VII, Sec. 749, div. D, title V, Sec. 504, Feb. 20, 2003, 117 Stat. 44, 158; Pub. L. 108-199, div. B, title I, Sec. 112(d), div. E, title II, Sec. 222, Jan. 23, 2004, 118 Stat. 63, 256; Pub. L. 108-447, div. H, title V, Sec. 521, Dec. 8, 2004, 118 Stat. 3268; Pub. L. 109-59, title I, Sec. 1960, Aug. 10, 2005, 119 Stat. 1516, provided that: "SEC. 301. SHORT TITLE. "This title may be cited as the 'Denali Commission Act of 1998'. "SEC. 302. PURPOSES. "The purposes of this title are as follows: "(1) To deliver the services of the Federal Government in the most cost-effective manner practicable by reducing administrative and overhead costs. "(2) To provide job training and other economic development services in rural communities particularly distressed communities (many of which have a rate of unemployment that exceeds 50 percent). "(3) To promote rural development, provide power generation and transmission facilities, modern communication systems, water and sewer systems and other infrastructure needs. "SEC. 303. ESTABLISHMENT OF COMMISSION. "(a) Establishment. - There is established a commission to be known as the Denali Commission (referred to in this title as the 'Commission'). "(b) Membership. - "(1) Composition. - The Commission shall be composed of 7 members, who shall be appointed by the Secretary of Commerce (referred to in this title as the 'Secretary'), of whom - "(A) one shall be the Governor of the State of Alaska, or an individual selected from nominations submitted by the Governor, who shall serve as the State Cochairperson; "(B) one shall be the President of the University of Alaska, or an individual selected from nominations submitted by the President of the University of Alaska; "(C) one shall be the President of the Alaska Municipal League or an individual selected from nominations submitted by the President of the Alaska Municipal League; "(D) one shall be the President of the Alaska Federation of Natives or an individual selected from nominations submitted by the President of the Alaska Federation of Natives; "(E) one shall be the Executive President of the Alaska State AFL-CIO or an individual selected from nominations submitted by the Executive President; "(F) one shall be the President of the Associated General Contractors of Alaska or an individual selected from nominations submitted by the President of the Associated General Contractors of Alaska; and "(G) one shall be the Federal Cochairperson, who shall be selected in accordance with the requirements of paragraph (2). "(2) Federal cochairperson. - "(A) In general. - The President pro temporare [sic] of the Senate and the Speaker of the House of Representatives shall each submit a list of nominations for the position of the Federal Cochairperson under paragraph (1)(G), including pertinent biographical information, to the Secretary. "(B) Appointment. - The Secretary shall appoint the Federal Cochairperson from among the list of nominations submitted under subparagraph (A). The Federal Cochairperson shall serve as an employee of the Department of Commerce, and may be removed by the Secretary for cause. "(C) Federal cochairperson vote. - The Federal Cochairperson appointed under this paragraph shall break any tie in the voting of the Commission. "(4) Date. - The appointments of the members of the Commission shall be made no later than January 1, 1999. "(c) Period of Appointment; Vacancies. - The Federal Cochairperson shall serve for a term of four years and may be reappointed. All other members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. "(d) Meetings. - "(1) In general. - The Commission shall meet at the call of the Federal Cochairperson not less frequently than 2 times each year, and may, as appropriate, conduct business by telephone or other electronic means. "(2) Notification. - Not later than 2 weeks before calling a meeting under this subsection, the Federal Cochairperson shall - "(A) notify each member of the Commission of the time, date and location of that meeting; and "(B) provide each member of the Commission with a written agenda for the meeting, including any proposals for discussion and consideration, and any appropriate background materials. "(e) Quorum. - A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. "SEC. 304. DUTIES OF THE COMMISSION. "(a) Work Plan. - "(1) In general. - Not later than 1 year after the date of enactment of this Act [Oct. 21, 1998] and annually thereafter, the Commission shall develop a proposed work plan for Alaska that meets the requirements of paragraph (2) and submit that plan to the Federal Cochairperson for review in accordance with the requirements of subsection (b). "(2) Work plan. - In developing the work plan, the Commission shall - "(A) solicit project proposals from local governments and other entities and organizations; and "(B) provide for a comprehensive work plan for rural and infrastructure development and necessary job training in the area covered under the work plan. "(3) Report. - Upon completion of a work plan under this subsection, the Commission shall prepare, and submit to the Secretary, the Federal Cochairperson, and the Director of the Office of Management and Budget, a report that outlines the work plan and contains recommendations for funding priorities. "(b) Review by Federal Cochairperson. - "(1) In general. - Upon receiving a work plan under this section, the Secretary, acting through the Federal Cochairperson, shall publish the work plan in the Federal Register, with notice and an opportunity for public comment. The period for public review and comment shall be the 30-day period beginning on the date of publication of that notice. "(2) Criteria for review. - In conducting a review under paragraph (1), the Secretary, acting through the Federal Cochairperson, shall - "(A) take into consideration the information, views, and comments received from interested parties through the public review and comment process specified in paragraph (1); and "(B) consult with appropriate Federal officials in Alaska including but not limited to Bureau of Indian Affairs, Economic Development Administration, and Rural Development Administration. "(3) Approval. - Not later than 30 days after the end of the period specified in paragraph (1), the Secretary acting through the Federal Cochairperson, shall - "(A) approve, disapprove, or partially approve the work plan that is the subject of the review; and "(B) issue to the Commission a notice of the approval, disapproval, or partial approval that - "(i) specifies the reasons for disapproving any portion of the work plan; and "(ii) if applicable, includes recommendations for revisions to the work plan to make the plan subject to approval. "(4) Review of disapproval or partial approval. - If the Secretary, acting through the Federal Cochairperson, disapproves or partially approves a work plan, the Federal Cochairperson shall submit that work plan to the Commission for review and revision. "SEC. 305. POWERS OF THE COMMISSION. "(a) Information From Federal Agencies. - The Commission may secure directly from any Federal department or agency such information as it considers necessary to carry out the provisions of this Act [title]. Upon request of the Federal Cochairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. Agencies must provide the Commission with the requested information in a timely manner. Agencies are not required to provide the Commission any information that is exempt from disclosure by the Freedom of Information Act [5 U.S.C. 552]. Agenices [sic] may, upon request by the Commission, make services and personnel available to the Commission to carry out the duties of the Commission. To the maximum extent practicable, the Commission shall contract for completion of necesssary [sic] work utilizing local firms and labor to minimize costs. "(b) Postal Services. - The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. "(c) Gifts. - The Commission may accept, use, and dispose of gifts or donations of services or property. "(d) The Commission, acting through the Federal Cochairperson, is authorized to enter into contracts and cooperative agreements, award grants, and make payments necessary to carry out the purposes of the Commission. With respect to funds appropriated to the Commission for fiscal year 1999, the Commission, acting through the Federal Cochairperson, is authorized to enter into contracts and cooperative agreements, award grants, and make payments to implement an interim work plan for fiscal year 1999 approved by the Commission. "SEC. 306. COMMISSION PERSONNEL MATTERS. "(a) Compensation of Members. - Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during the time such member is engaged in the performance of the duties of the Commission. The Federal Cochairperson shall be compensated at the annual rate prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code. All members of the Commission who are officers or employees of the United States shall serve without compensation that is in addition to that received for their services as officers or employees of the United States. "(b) Travel Expenses. - The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. "(c) Staff. - "(1) In general. - The Federal Cochairperson of the Commission may, without regard to the civil service laws and regulations, appoint such personnel as may be necessary to enable the Commission to perform its duties. "(2) Compensation. - The Federal Cochairperson of the Commission may fix the compensation of personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. "(d) Detail of Government Employees. - Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. "(e) Procurement of Temporary and Intermittent Services. - The Federal Cochairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. "(f) Offices. - The principal office of the Commission shall be located in Alaska, at a location that the Commission shall select. "(g) Administrative Expenses and Records. - The Commission is hereby prohibited from using more than 5 percent of the amounts appropriated under the authority of this Act [probably means this title] or transferred pursuant to section 329 of the Department of Transportation and Related Agencies Appropriations Act, 1999 (section 101(g) of division A of this Act) [43 U.S.C. 1653 note] for administrative expenses. The Commission and its grantees shall maintain accurate and complete records which shall be available for audit and examination by the Comptroller General or his or her designee. "(h) Inspector General. - [Amended section 8G of the Inspector General Act, 5 App. U.S.C.] "SEC. 307. SPECIAL FUNCTIONS. "(a) Rural Utilities. - In carrying out its functions under this title, the Commission shall as appropriate, provide assistance, seek to avoid duplicating services and assistance, and complement the water and sewer wastewater programs under section 306D of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926d) and section 303 of the Safe Drinking Water Act Amendments of 1996 (33 U.S.C. 1263a). "(b) Bulk Fuels. - Funds transferred to the Commission pursuant to section 329 of the Department of Transportation and Related Agencies Appropriations Act, 1999 (section 101(g) of division A of this Act) [43 U.S.C. 1653 note] shall be available without further appropriation and until expended. The Commission, in consultation with the Commandant of the Coast Guard, shall develop a plan to provide for the repair or replacement of bulk fuel storage tanks in Alaska that are not in compliance with applicable - "(1) Federal law, including the Oil Pollution Act of 1990 (104 Stat. 484) [33 U.S.C. 2701 et seq.]; or "(2) State law. "(c) Demonstration Health Projects. - In order to demonstrate the value of adequate health facilities and services to the economic development of the region, the Secretary of Health and Human Services is authorized to make interagency transfers to the Denali Commission to plan, construct, and equip demonstration health, nutrition, and child care projects, including hospitals, health care clinics, and mental health facilities (including drug and alcohol treatment centers) in accordance with the Work Plan referred to under section 304 of Title III - Denali Commission of Division C - Other Matters of Public Law 105-277. No grant for construction or equipment of a demonstration project shall exceed 50 percentum of such costs, unless the project is located in a severely economically distressed community, as identified in the Work Plan referred to under section 304 of Title III - Denali Commission of Division C - Other Matters of Public Law 105-277, in which case no grant shall exceed 80 percentum of such costs. To carry out this section, there is authorized to be appropriated such sums as may be necessary. "(d) Solid Waste. - The Secretary of Agriculture is authorized to make direct lump sum payments which shall remain available until expended to the Denali Commission to address deficiencies in solid waste disposal sites which threaten to contaminate rural drinking water supplies. "(e) Docks, Waterfront Transportation Development, and Related Infrastructure Projects. - The Secretary of Transportation is authorized to make direct lump sum payments to the Commission to construct docks, waterfront development projects, and related transportation infrastructure, provided the local community provides a ten percent non-Federal match in the form of any necessary land or planning and design funds. To carry out this section, there is authorized to be appropriated such sums as may be necessary. "SEC. 308. EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT. "The Federal Advisory Committee Act [5 U.S.C. App.] shall not apply to the Commission. "SEC. 309. DENALI ACCESS SYSTEM PROGRAM. "(a) Establishment of the Denali Access System Program. - Not later than 3 months after the date of enactment of the SAFETEA-LU [Aug. 10, 2005], the Secretary of Transportation shall establish a program to pay the costs of planning, designing, engineering, and constructing road and other surface transportation infrastructure identified for the Denali access system program under this section. "(b) Denali Access System Program Advisory Committee. - "(1) Establishment. - Not later than 3 months after the date of enactment of the SAFETEA-LU [Aug. 10, 2005], the Denali Commission shall establish a Denali Access System Program Advisory Committee (referred to in this section as the 'advisory committee'). "(2) Membership. - The advisory committee shall be composed of nine members to be appointed by the Governor of the State of Alaska as follows: "(A) The chairman of the Denali Commission. "(B) Four members who represent existing regional native corporations, native nonprofit entities, or tribal governments, including one member who is a civil engineer. "(C) Four members who represent rural Alaska regions or villages, including one member who is a civil engineer. "(3) Terms. - "(A) In general. - Except for the chairman of the Commission who shall remain a member of the advisory committee, members shall be appointed to serve a term of 4 years. "(B) Initial members. - Except for the chairman of the Commission, of the eight initial members appointed to the advisory committee, two shall be appointed for a term of 1 year, two shall be appointed for a term of 2 years, two shall be appointed for a term of 3 years, and two shall be appointed for a term of 4 years. All subsequent appointments shall be for 4 years. "(4) Responsibilities. - The advisory committee shall be responsible for the following activities: "(A) Advising the Commission on the surface transportation needs of Alaska Native villages and rural communities, including projects for the construction of essential access routes within remote Alaska Native villages and rural communities and for the construction of roads and facilities necessary to connect isolated rural communities to a road system. "(B) Advising the Commission on considerations for coordinatedtransportation [sic] planning among the Alaska Native villages, Alaska rural villages, the State of Alaska, and other government entities. "(C) Establishing a list of transportation priorities for Alaska Native village and rural community transportation projects on an annual basis, including funding recommendations. "(D) Facilitate the Commission's work on transportation projects involving more than one region. "(5) FACA exemption. - The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory committee. "(c) Allocation of Funds. - "(1) In general. - The Secretary shall allocate funding authorized and made available for the Denali access system program to the Commission to carry out this section. "(2) Distribution of funding. - In distributing funds for surface transportation projects funded under the program, the Commission shall consult the list of transportation priorities developed by the advisory committee. "(d) Preference to Alaska Materials and Products. - To construct a project under this section, the Commission shall encourage, to the maximum extent practicable, the use of employees and businesses that are residents of Alaska. "(e) Design Standards. - Each project carried out under this section shall use technology and design standards determined by the Commission to be appropriate given the location and the functionality of the project. "(f) Maintenance. - Funding for a construction project under this section may include an additional amount equal to not more than 10 percent of the total cost of construction, to be retained for future maintenance of the project. All such retained funds shall be dedicated for maintenance of the project and may not be used for other purposes. "(g) Lead Agency Designation. - For purposes of projects carried out under this section, the Commission shall be designated as the lead agency for purposes of accepting Federal funds and for purposes of carrying out this project. "(h) Non-Federal Share. - Notwithstanding any other provision of law, funds made available to carry out this section may be used to meet the non-Federal share of the cost of projects under title 23, United States Code. "(i) Surface Transportation Program Transferability. - "(1) Transferability. - In any fiscal year, up to 15 percent of the amounts made available to the State of Alaska for surface transportation by section 133 of title 23, United States Code, may be transferred to the Denali access system program. "(2) No effect on set-aside. - Paragraph (2) of section 133(d) [of title 23], United States Code, shall not apply to funds transferred under paragraph (1). "(j) Authorization of Appropriations. - "(1) In general. - There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $15,000,000 for each of fiscal years 2006 through 2009. "(2) Applicability of title 23. - Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended, and the Federal share of the cost of any project carried out using such funds shall be determined in accordance with section 120(b). "SEC. 310. AUTHORIZATION OF APPROPRIATIONS. "(a) In General. - There are authorized to be appropriated to the Commission to carry out the duties of the Commission consistent with the purposes of this title and pursuant to the work plan approved under section 4 [304] under this Act, $20,000,000 for fiscal year 1999, and such sums as may be necessary for fiscal years 2000, 2001, 2002, and 2008[.] "(b) Availability. - Any sums appropriated under the authorization contained in this section shall remain available until expended. "Sec. 310 [311]. (a) The Federal Co-chairman of the Denali Commission shall appoint an Economic Development Committee to be chaired by the president of the Alaska Federation of Natives which shall include the Commissioner of Community and Economic Affairs for the State of Alaska, a representative from the Alaska Bankers Association, the chairman of the Alaska Permanent Fund, a representative from the Alaska State Chamber of Commerce, and a representative from each region. Of the regional representatives, at least two each shall be from Native regional corporations, Native non-profit corporations, tribes, and borough governments. "(b) The Economic Development Committee is authorized to consider and approve applications from Regional Advisory Committees for grants and loans to promote economic development and promote private sector investment to reduce poverty in economically distressed rural villages. The Economic Development Committee may make mini-grants to individual applicants and may issue loans under such terms and conditions as it determines. "(c) The State Co-chairman of the Denali Commission shall appoint a Regional Advisory Committee for each region which may include representatives from local, borough, and tribal governments, the Alaska Native non-profit corporation operating in the region, local Chambers of Commerce, and representatives of the private sector. Each Regional Advisory Committee shall develop a regional economic development plan for consideration by the Economic Development Committee. "(d) The Economic Development Committee, in consultation with the First Alaskans Institute, may develop rural development performance measures linking economic growth to poverty reduction to measure the success of its program which may include economic, educational, social, and cultural indicators. The performance measures will be tested in one region for 2 years and evaluated by the University of Alaska before being deployed statewide. Thereafter, performance in each region shall be evaluated using the performance measures, and the Economic Development Committee shall not fund projects which do not demonstrate success. "(e) Within the amounts made available annually to the Denali Commission for training, the Commission may make a grant to the First Alaskans Foundation upon submittal of an acceptable work plan to assist Alaska Natives and other rural residents in acquiring the skills and training necessary to participate fully in private sector business and economic and development opportunities through fellowships, scholarships, internships, public service programs, and other leadership initiatives. "(f) The Committee shall sponsor a statewide economic development summit in consultation with the World Bank to evaluate the best practices for economic development worldwide and how they can be incorporated into regional economic development plans. "(g) There is authorized to be appropriated such sums as may be necessary to the following agencies which shall be transferred to the Denali Commission as a direct lump sum payment to implement this section - "(1) Department of Commerce, Economic Development Administration, "(2) Department of Housing and Urban Development, "(3) Department of the Interior, Bureau of Indian Affairs, "(4) Department of Agriculture, Rural Development Administration, and "(5) Small Business Administration." [For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] LOWER MISSISSIPPI DELTA DEVELOPMENT COMMISSION Pub. L. 100-460, title II, Oct. 1, 1988, 102 Stat. 2246, as amended by Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 153(a), title V, Sec. 504], Dec. 21, 2000, 114 Stat. 2763, 2763A- 252, 2763A-281; Pub. L. 107-171, title VI, Sec. 6027(j), May 13, 2002, 116 Stat. 374, incorporated by reference and made a part of that public law the provisions of S. 2836, the Delta Development Act, as introduced in the Senate on Sept. 27, 1988, which provided for establishment of Lower Mississippi Delta Development Commission to study and make recommendations regarding economic needs and development of Lower Mississippi Delta region, set forth membership, compensation, powers, and administrative provisions for Commission, required submission to Congress, President, and Governors of certain States of interim and final reports, and provided for termination of Commission no later than two years after Oct. 1, 1988. Prior to amendment by Pub. L. 106-554, Pub. L. 100-460 also incorporated by reference and made a part of that public law the provisions of H.R. 5378, as introduced in the House of Representatives on Sept. 26, 1988, and known as the "Lower Mississippi Delta Development Act", which contained provisions similar to those in S. 2836. Pub. L. 101-161, title II, Nov. 21, 1989, 103 Stat. 969, extended date for submission of the Commission's interim report to Oct. 16, 1989. PUBLIC WORKS IMPROVEMENT Pub. L. 98-501, title I, Oct. 19, 1984, 98 Stat. 2320, known as the "Public Works Improvement Act of 1984", established the National Council on Public Works Improvement, to prepare and submit to the President and Congress reports in 1986, 1987, and 1988 on the state of the Nation's infrastructure. Pursuant to section 109 of Pub. L. 98-501, the Council ceased to exist on Apr. 15, 1988. WHITE HOUSE CONFERENCE ON BALANCED NATIONAL GROWTH AND ECONOMIC DEVELOPMENT Title II of Pub. L. 94-487, as amended by Pub. L. 95-31, title II, Secs. 201, 202, May 23, 1977, 91 Stat. 170, provided for calling of a White House Conference on Balanced National Growth and Economic Development within 18 months of Oct. 12, 1976, set forth powers, functions, membership, etc., of Conference, and required submission to President of a final report within 180 days after calling of Conference, with President to forward recommendations to Congress within 90 days after submission of report. -EXEC- EXECUTIVE ORDER NO. 11386 Ex. Ord. No. 11386, Dec. 28, 1967, 33 F.R. 5, which related to coordination of activities of regional commissions and Federal Government relating to regional economic development and which established Federal Advisory Council on Regional Economic Development, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. EXECUTIVE ORDER NO. 11422 Ex. Ord. No. 11422, Aug. 15, 1968, 33 F.R. 11739, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which related to Cooperative Area Manpower Planning System, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. EXECUTIVE ORDER NO. 11493 Ex. Ord. No. 11493, Nov. 13, 1969, 34 F.R. 18289, which created Council for Rural Affairs to advise President with respect to further development of non-metropolitan areas of country, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. Council terminated and its functions transferred to Domestic Council by section 2(b) of Ex. Ord. No. 11541, July 1, 1970, 35 F.R. 10737, set out as a note under section 501 of Title 31, Money and Finance. EX. ORD. NO. 13122. INTERAGENCY TASK FORCE ON THE ECONOMIC DEVELOPMENT OF THE SOUTHWEST BORDER Ex. Ord. No. 13122, May 25, 1999, 64 F.R. 29201, as amended by Ex. Ord. No. 13284, Sec. 6, Jan. 23, 2003, 68 F.R. 4075, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to provide a more rapid and integrated Federal response to the economic development challenges of the Southwest Border region, it is hereby ordered as follows: Section 1. Establishment of an Interagency Task Force on the Economic Development of the Southwest Border. (a) There is established the "Interagency Task Force on the Economic Development of the Southwest Border" (Task Force) that reports to the Vice President, as Chair of the President's Community Empowerment Board (PCEB), and to the Assistant to the President for Economic Policy, as Vice Chair of the PCEB. (b) The Task Force shall comprise the Secretary of State, Secretary of Agriculture, Secretary of Commerce, Secretary of Defense, the Attorney General, Secretary of the Interior, Secretary of Education, Secretary of Health and Human Services, Secretary of Housing and Urban Development, Secretary of Energy, Secretary of Labor, Secretary of Transportation, Secretary of the Treasury, Secretary of Homeland Security, Director of the Office of Management and Budget, Director of National Drug Control Policy, Administrator of General Services, Administrator of the Small Business Administration, Administrator of the Environmental Protection Agency, or their designees, and such other senior executive branch officials as may be determined by the Co-Chairs of the Task Force. The Secretaries of the Treasury, Agriculture, and Labor shall Co-Chair the Task Force, rotating annually. The agency chairing the Task Force will provide administrative support for the Task Force. (c) The purpose of the Task Force is to coordinate and better leverage existing Administration efforts for the Southwest Border, in concert with locally led efforts, in order to increase the living standards and the overall economic profile of the Southwest Border so that it may achieve the average of the Nation. Specifically, the Task Force shall: (1) analyze the existing programs and policies of Task Force members that relate to the Southwest Border to determine what changes, modifications, and innovations should be considered; (2) consider statistical and data analysis, research, and policy studies related to the Southwest Border; (3) develop and recommend short-term and long-term options for promoting sustainable economic development; (4) consult and coordinate activities with State, tribal, and local governments, community leaders, Members of Congress, the private sector, and other interested parties, paying particular attention to maintaining existing authorities of the States, tribes, and local governments, and preserving their existing working relationships with other agencies, organizations, or individuals; (5) coordinate and collaborate on research and demonstration priorities of Task Force member agencies related to the Southwest Border; (6) integrate Administration initiatives and programs into the design of sustainable economic development actions for the Southwest Border; and (7) focus initial efforts on pilot communities for implementing a coordinated and expedited Federal response to local economic development and other needs. (d) The Task Force shall issue an interim report to the Vice President by November 15, 1999. The Task Force shall issue its first annual report to the Vice President by April 15, 2000, with subsequent reports to follow yearly and a final report on April 15, 2002. The reports shall describe the actions taken by, and progress of, each member of the Task Force in carrying out this order. The Task Force shall terminate 30 days after submitting its final report unless a Task Force consensus recommends continuation of activities. Sec. 2. Specific Activities by Task Force Members and Other Agencies. The agencies represented on the Task Force shall work together and report their actions and progress in carrying out this order to the Task Force Chair 1 month before the reports are due to the Vice President under section 1(d) of this order. Sec. 3. Cooperation. All efforts taken by agencies under sections 1 and 2 of this order shall, as appropriate, further partnerships and cooperation with organizations that represent the Southwest Border and with State and local governments. Sec. 4. (a) "Agency" means an executive agency as defined in 5 U.S.C. 105. (b) The "Southwest Border" or "Southwest Border region" is defined as including the areas up to 150 miles north of the United States-Mexican border in the States of Arizona, New Mexico, Texas, and California. Sec. 5. Judicial Review. This order does not create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person. -End- -CITE- 42 USC Sec. 3122 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT -HEAD- Sec. 3122. Definitions -STATUTE- In this chapter: (1) Comprehensive economic development strategy The term "comprehensive economic development strategy" means a comprehensive economic development strategy approved by the Secretary under section 3162 of this title. (2) Department The term "Department" means the Department of Commerce. (3) Economic development district (A) In general The term "economic development district" means any area in the United States that - (i) is composed of areas described in section 3161(a) of this title and, to the extent appropriate, neighboring counties or communities; and (ii) has been designated by the Secretary as an economic development district under section 3171 of this title. (B) Inclusion The term "economic development district" includes any economic development district designated by the Secretary under section 3173 of this title (as in effect on the day before the effective date of the Economic Development Administration Reform Act of 1998). (4) Eligible recipient (A) In general The term "eligible recipient" means - (i) an economic development district; (ii) an Indian tribe; (iii) a State; (iv) a city or other political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions; (v) an institution of higher education or a consortium of institutions of higher education; or (vi) a public or private nonprofit organization or association acting in cooperation with officials of a political subdivision of a State. (B) Training, research, and technical assistance grants In the case of grants under section 3147 of this title, the term "eligible recipient" also includes private individuals and for-profit organizations. (5) Federal agency The term "Federal agency" means a department, agency, or instrumentality of the United States. (6) Grant The term "grant" includes a cooperative agreement (within the meaning of chapter 63 of title 31). (7) Indian tribe The term "Indian tribe" means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or Regional Corporation (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (8) Regional Commissions The term "Regional Commissions" means - (A) the Appalachian Regional Commission established under chapter 143 of title 40; (B) the Delta Regional Authority established under subtitle F of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa et seq.); (C) the Denali Commission established under the Denali Commission Act of 1998 (42 U.S.C. 3121 note; 112 Stat. 2681-637 et seq.); and (D) the Northern Great Plains Regional Authority established under subtitle G of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009bb et seq.). (9) Secretary The term "Secretary" means the Secretary of Commerce. (10) State The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (11) United States The term "United States" means all of the States. (12) University center The term "university center" means an institution of higher education or a consortium of institutions of higher education established as a University Center for Economic Development under section 3147(a)(2)(D) of this title. -SOURCE- (Pub. L. 89-136, Sec. 3, as added Pub. L. 105-393, title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3599; amended Pub. L. 108-373, title I, Sec. 102, Oct. 27, 2004, 118 Stat. 1758.) -REFTEXT- REFERENCES IN TEXT Section 3173 of this title (as in effect on the day before the effective date of the Economic Development Administration Reform Act of 1998), referred to in par. (3)(B), means section 3173 of this title prior to its repeal by Pub. L. 105-393, Sec. 102(a). See Prior Provisions note set out under section 3173 of this title and section 105 of Pub. L. 105-393, set out as an Effective Date note under section 3121 of this title. The Alaska Native Claims Settlement Act, referred to in par. (7), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. The Consolidated Farm and Rural Development Act, referred to in par. (8)(B), (D), is title III of Pub. L. 87-128, Aug. 8, 1961, 75 Stat. 307, as amended. Subtitles F and G of the Act are classified generally to subchapters VI (Sec. 2009aa et seq.) and VII (Sec. 2009bb et seq.), respectively, of chapter 50 of Title 7, Agriculture. For complete classification of the Act to the Code, see Short Title note set out under section 1921 of Title 7 and Tables. The Denali Commission Act of 1998, referred to in par. (8)(C), is title III of Pub. L. 105-277, div. C, Oct. 21, 1998, 112 Stat. 2681- 637, which is set out as a note under section 3121 of this title. For complete classification of this Act to the Code, see Tables. -MISC1- PRIOR PROVISIONS A prior section 3122, Pub. L. 91-524, title IX, Sec. 901, Nov. 30, 1970, 84 Stat. 1383; Pub. L. 92-419, title VI, Sec. 601, Aug. 30, 1972, 86 Stat. 674; Pub. L. 94-273, Sec. 7(3), Apr. 21, 1976, 90 Stat. 378; Pub. L. 96-355, Sec. 6, Sept. 24, 1980, 94 Stat. 1174, which related to priority to be given to revitalization and development of rural areas, was transferred to section 2204b-1 of Title 7, Agriculture. AMENDMENTS 2004 - Par. (4)(A). Pub. L. 108-373, Sec. 102(a), redesignated cls. (ii) to (vii) as (i) to (vi), respectively, inserted ", including a special purpose unit of a State or local government engaged in economic or infrastructure development activities," after "State" in cl. (iv), and struck out cl. (i) which read as follows: "an area described in section 3161(a) of this title;". Pars. (8) to (12). Pub. L. 108-373, Sec. 102(b), added pars. (8) and (12) and redesignated former pars. (8) to (10) as (9) to (11), respectively. -End- -CITE- 42 USC Sec. 3123 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT -HEAD- Sec. 3123. Discrimination on basis of sex prohibited in federally assisted programs -STATUTE- No person in the United States shall, on the ground of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance under the Public Works and Economic Development Act of 1965 [42 U.S.C. 3121 et seq.]. -SOURCE- (Pub. L. 92-65, title I, Sec. 112, Aug. 5, 1971, 85 Stat. 168.) -REFTEXT- REFERENCES IN TEXT The Public Works and Economic Development Act of 1965, referred to in text, is Pub. L. 89-136, Aug. 26, 1965, 79 Stat. 552, as amended, which is classified generally to this chapter (Sec. 3121 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 3121 of this title and Tables. -COD- CODIFICATION Section was not enacted as part of the Public Works and Economic Development Act of 1965 which comprises this chapter. -End- -CITE- 42 USC SUBCHAPTER I - ECONOMIC DEVELOPMENT PARTNERSHIPS COOPERATION AND COORDINATION 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT SUBCHAPTER I - ECONOMIC DEVELOPMENT PARTNERSHIPS COOPERATION AND COORDINATION -HEAD- SUBCHAPTER I - ECONOMIC DEVELOPMENT PARTNERSHIPS COOPERATION AND COORDINATION -End- -CITE- 42 USC Sec. 3131 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT SUBCHAPTER I - ECONOMIC DEVELOPMENT PARTNERSHIPS COOPERATION AND COORDINATION -HEAD- Sec. 3131. Establishment of economic development partnerships -STATUTE- (a) In general In providing assistance under this subchapter, the Secretary shall cooperate with States and other entities to ensure that, consistent with national objectives, Federal programs are compatible with and further the objectives of State, regional, and local economic development plans and comprehensive economic development strategies. (b) Technical assistance The Secretary may provide such technical assistance to States, political subdivisions of States, sub-State regional organizations (including organizations that cross State boundaries), multi-State regional organizations, and nonprofit organizations as the Secretary determines is appropriate to - (1) alleviate economic distress; (2) encourage and support public-private partnerships for the formation and improvement of economic development strategies that sustain and promote economic development across the United States; and (3) promote investment in infrastructure and technological capacity to keep pace with the changing global economy. (c) Intergovernmental review The Secretary shall promulgate regulations to ensure that appropriate State and local government agencies have been given a reasonable opportunity to review and comment on proposed projects under this subchapter that the Secretary determines may have a significant direct impact on the economy of the area. (d) Cooperation agreements (1) In general The Secretary may enter into a cooperation agreement with any 2 or more States, or an organization of any 2 or more States, in support of effective economic development. (2) Participation Each cooperation agreement shall provide for suitable participation by other governmental and nongovernmental entities that are representative of significant interests in and perspectives on economic development in an area. -SOURCE- (Pub. L. 89-136, title I, Sec. 101, as added Pub. L. 105-393, title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3600; amended Pub. L. 108- 373, title I, Sec. 103, Oct. 27, 2004, 118 Stat. 1759.) -MISC1- PRIOR PROVISIONS A prior section 3131, Pub. L. 89-136, title I, Sec. 101, Aug. 26, 1965, 79 Stat. 552; Pub. L. 91-123, title III, Sec. 301(1), Nov. 25, 1969, 83 Stat. 219; Pub. L. 92-65, title I, Sec. 102, Aug. 5, 1971, 85 Stat. 166; Pub. L. 94-487, title I, Sec. 103, Oct. 12, 1976, 90 Stat. 2331, authorized direct and supplementary grants, prior to repeal by Pub. L. 105-393, Sec. 102(a). AMENDMENTS 2004 - Subsec. (b). Pub. L. 108-373, Sec. 103(1), substituted "multi-State regional organizations, and nonprofit organizations" for "and multi-State regional organizations" in introductory provisions. Subsec. (d)(1). Pub. L. 108-373, Sec. 103(2), struck out "adjoining" before "States" in two places. -End- -CITE- 42 USC Sec. 3132 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT SUBCHAPTER I - ECONOMIC DEVELOPMENT PARTNERSHIPS COOPERATION AND COORDINATION -HEAD- Sec. 3132. Cooperation of Federal agencies -STATUTE- 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. -SOURCE- (Pub. L. 89-136, title I, Sec. 102, as added Pub. L. 105-393, title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3601.) -MISC1- PRIOR PROVISIONS A prior section 3132, Pub. L. 89-136, title I, Sec. 102, Aug. 26, 1965, 79 Stat. 554; Pub. L. 93-423, Sec. 2, Sept. 27, 1974, 88 Stat. 1158; Pub. L. 94-487, title I, Sec. 104, Oct. 12, 1976, 90 Stat. 2331; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 96-506, Sec. 1(1), Dec. 8, 1980, 94 Stat. 2745, authorized grants for operation of health projects, prior to repeal by Pub. L. 105-393, Sec. 102(a). -End- -CITE- 42 USC Sec. 3133 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT SUBCHAPTER I - ECONOMIC DEVELOPMENT PARTNERSHIPS COOPERATION AND COORDINATION -HEAD- Sec. 3133. Coordination -STATUTE- (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) of this section, 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. -SOURCE- (Pub. L. 89-136, title I, Sec. 103, as added Pub. L. 105-393, title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3601; amended Pub. L. 108- 373, title I, Sec. 104, Oct. 27, 2004, 118 Stat. 1759.) -MISC1- PRIOR PROVISIONS A prior section 3133, Pub. L. 89-136, title I, Sec. 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, Sec. 102(a). A prior section 3134, Pub. L. 89-136, title I, Sec. 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, Sec. 123, Dec. 31, 1975, 89 Stat. 1086. Prior sections 3135 to 3137 were repealed by Pub. L. 105-393, Sec. 102(a). Section 3135, Pub. L. 89-136, title I, Sec. 105, Aug. 26, 1965, 79 Stat. 554; Pub. L. 91-123, title III, Sec. 301(2), Nov. 25, 1969, 83 Stat. 219; Pub. L. 91-304, Sec. 1(a), July 6, 1970, 84 Stat. 375; Pub. L. 92-65, title I, Sec. 103, Aug. 5, 1971, 85 Stat. 166; Pub. L. 93-46, Sec. 1, June 18, 1973, 87 Stat. 96; Pub. L. 93- 423, Sec. 1, Sept. 27, 1974, 88 Stat. 1158; Pub. L. 94-487, title I, Sec. 105, Oct. 12, 1976, 90 Stat. 2331; Pub. L. 96-506, Sec. 1(2), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97-35, title XVIII, Sec. 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, Sec. 106, Aug. 26, 1965, 79 Stat. 554; 1966 Reorg. Plan No. 2, Sec. 1(h)(3), eff. May 10, 1966, 31 F.R. 6857, 80 Stat. 1608; 1970 Reorg. Plan No. 3, Sec. 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, Sec. 107, as added Pub. L. 94-487, title I, Sec. 106, Oct. 12, 1976, 90 Stat. 2332, authorized increase in amount of grant for construction cost increases after grant had been made. AMENDMENTS 2004 - Pub. L. 108-373 designated existing provisions as subsec. (a), inserted heading, inserted "Indian tribes," after "districts,", and added subsec. (b). -End- -CITE- 42 USC SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT -HEAD- SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT -End- -CITE- 42 USC Sec. 3141 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT -HEAD- Sec. 3141. Grants for public works and economic development -STATUTE- (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. -SOURCE- (Pub. L. 89-136, title II, Sec. 201, as added Pub. L. 105-393, title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3601.) -MISC1- PRIOR PROVISIONS A prior section 3141, Pub. L. 89-136, title II, Sec. 201, Aug. 26, 1965, 79 Stat. 554; Pub. L. 91-304, Sec. 1(b), July 6, 1970, 84 Stat. 375; Pub. L. 92-65, title I, Sec. 104, Aug. 5, 1971, 85 Stat. 167; Pub. L. 93-46, Sec. 2, June 18, 1973, 87 Stat. 96; Pub. L. 93- 423, Sec. 4(a), Sept. 27, 1974, 88 Stat. 1158; Pub. L. 94-487, title I, Sec. 107(a), (b), Oct. 12, 1976, 90 Stat. 2332; Pub. L. 96- 506, Sec. 1(3), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97-35, title XVIII, Sec. 1821(a)(2), Aug. 13, 1981, 95 Stat. 766, authorized public works and development facility loans, prior to repeal by Pub. L. 105-393, Sec. 102(a). -End- -CITE- 42 USC Sec. 3142 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT -HEAD- Sec. 3142. Base closings and realignments -STATUTE- 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. -SOURCE- (Pub. L. 89-136, title II, Sec. 202, as added Pub. L. 105-393, title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3602.) -MISC1- PRIOR PROVISIONS A prior section 3142, Pub. L. 89-136, title II, Sec. 202, Aug. 26, 1965, 79 Stat. 556; Pub. L. 93-423, Sec. 4(b), Sept. 27, 1974, 88 Stat. 1158; Pub. L. 94-487, title I, Secs. 107(c), (d), 108, Oct. 12, 1976, 90 Stat. 2332, authorized business loans and loan guarantees, prior to repeal by Pub. L. 105-393, Sec. 102(a). A prior section 3142-1, Pub. L. 91-596, Sec. 28(d), Dec. 29, 1970, 84 Stat. 1618; Pub. L. 93-237, Sec. 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, Sec. 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. -End- -CITE- 42 USC Sec. 3143 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT -HEAD- Sec. 3143. Grants for planning and grants for administrative expenses -STATUTE- (a) In general On the application of an eligible recipient, the Secretary may make grants to pay the costs of economic development planning and the administrative expenses of organizations that carry out the planning. (b) Planning process Planning assisted under this subchapter shall be a continuous process involving public officials and private citizens in - (1) analyzing local economies; (2) defining economic development goals; (3) determining project opportunities; and (4) formulating and implementing an economic development program that includes systematic efforts to reduce unemployment and increase incomes. (c) Use of planning assistance Planning assistance under this subchapter shall be used in conjunction with any other available Federal planning assistance to ensure adequate and effective planning and economical use of funds. (d) State plans (1) Development Any State plan developed with assistance under this section shall be developed, to the maximum extent practicable, cooperatively by the State, political subdivisions of the State, and the economic development districts located wholly or partially in the State. (2) Comprehensive economic development strategy As a condition of receipt of assistance for a State plan under this subsection, the State shall have or develop a comprehensive economic development strategy. (3) Coordination Before providing assistance for a State plan under this section, the Secretary shall consider the extent to which the State will consider local and economic development district plans. (4) Comprehensive planning process Any overall State economic development planning assisted under this section shall be a part of a comprehensive planning process that shall consider the provision of public works to - (A) promote economic development and opportunity; (B) foster effective transportation access; (C) enhance and protect the environment; (D) assist in carrying out the workforce investment strategy of a State; (E) promote the use of technology in economic development, including access to high-speed telecommunications; and (F) balance resources through the sound management of physical development. (5) Report to Secretary Each State that receives assistance for the development of a plan under this subsection shall submit to the Secretary an annual report on the planning process assisted under this subsection. -SOURCE- (Pub. L. 89-136, title II, Sec. 203, as added Pub. L. 105-393, title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3602; amended Pub. L. 108-373, title II, Sec. 201, Oct. 27, 2004, 118 Stat. 1759.) -MISC1- PRIOR PROVISIONS A prior section 3143, Pub. L. 89-136, title II, Sec. 203, Aug. 26, 1965, 79 Stat. 558; Pub. L. 94-273, Sec. 2(25), Apr. 21, 1976, 90 Stat. 376, directed deposit of funds into Economic Development Revolving Fund, prior to repeal by Pub. L. 105-393, Sec. 102(a). AMENDMENTS 2004 - Subsec. (d)(1). Pub. L. 108-373, Sec. 201(1), inserted ", to the maximum extent practicable," after "shall be developed". Subsec. (d)(3). Pub. L. 108-373, Sec. 201(2), added par. (3) and struck out heading and text of former par. (3). Text read as follows: "On completion of a State plan developed with assistance under this section, the State shall - "(A) certify to the Secretary that, in the development of the State plan, local and economic development district plans were considered and, to the maximum extent practicable, the State plan is consistent with the local and economic development district plans; and "(B) identify any inconsistencies between the State plan and the local and economic development district plans and provide a justification for each inconsistency." Subsec. (d)(4)(D) to (F). Pub. L. 108-373, Sec. 201(3), added subpars. (D) and (E) and redesignated former subpar. (D) as (F). -End- -CITE- 42 USC Sec. 3144 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT -HEAD- Sec. 3144. Cost sharing -STATUTE- (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. -SOURCE- (Pub. L. 89-136, title II, Sec. 204, as added Pub. L. 105-393, title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3603; amended Pub. L. 108-373, title II, Sec. 202, Oct. 27, 2004, 118 Stat. 1759.) -MISC1- PRIOR PROVISIONS A prior section 3144, Pub. L. 89-136, title II, Sec. 204, as added Pub. L. 94-487, title I, Sec. 109, Oct. 12, 1976, 90 Stat. 2333; amended Pub. L. 96-470, title I, Sec. 201(d), Oct. 19, 1980, 94 Stat. 2241; Pub. L. 96-506, Sec. 1(4), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97-35, title XVIII, Sec. 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, Sec. 102(a). AMENDMENTS 2004 - Subsec. (a). Pub. L. 108-373, Sec. 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, Sec. 202(b), inserted "assumptions of debt," after "equipment,". Subsec. (c). Pub. L. 108-373, Sec. 202(c), added subsec. (c). -End- -CITE- 42 USC Sec. 3145 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT -HEAD- Sec. 3145. Supplementary grants -STATUTE- (a) Definition of designated Federal grant program In this section, the term "designated Federal grant program" means any Federal grant program that - (1) provides assistance in the construction or equipping of public works, public service, or development facilities; (2) the Secretary designates as eligible for an allocation of funds under this section; and (3) assists projects that are - (A) eligible for assistance under this subchapter; and (B) consistent with a comprehensive economic development strategy. (b) Supplementary grants Subject to subsection (c) of this section, in order to assist eligible recipients in taking advantage of designated Federal grant programs, on the application of an eligible recipient, the Secretary may make a supplementary grant for a project for which the recipient is eligible but for which the recipient cannot provide the required non-Federal share because of the economic situation of the recipient. (c) Requirements applicable to supplementary grants (1) Amount of supplementary grants The share of the project cost supported by a supplementary grant under this section may not exceed the applicable Federal share under section 3144 of this title. (2) Form of supplementary grants The Secretary shall make supplementary grants by - (A) the payment of funds made available under this chapter to the heads of the Federal agencies responsible for carrying out the applicable Federal programs; or (B) the award of funds under this chapter, which will be combined with funds transferred from other Federal agencies in projects administered by the Secretary. (3) Federal share limitations specified in other laws Notwithstanding any requirement as to the amount or source of non-Federal funds that may be applicable to a Federal program, funds provided under this section may be used to increase the Federal share for specific projects under the program that are carried out in areas described in section 3161(a) of this title above the Federal share of the cost of the project authorized by the law governing the program. -SOURCE- (Pub. L. 89-136, title II, Sec. 205, as added Pub. L. 105-393, title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3603; amended Pub. L. 108-373, title II, Sec. 203, Oct. 27, 2004, 118 Stat. 1760.) -MISC1- AMENDMENTS 2004 - Subsec. (b). Pub. L. 108-373, Sec. 203(a), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: "(1) In general. - On the application of an eligible recipient, the Secretary may make a supplementary grant for a project for which the eligible recipient is eligible but, because of the eligible recipient's economic situation, for which the eligible recipient cannot provide the required non-Federal share. "(2) Purposes of grants. - Supplementary grants under paragraph (1) may be made for purposes that shall include enabling eligible recipients to use - "(A) designated Federal grant programs; and "(B) direct grants authorized under this subchapter." Subsec. (c)(1), (2). Pub. L. 108-373, Sec. 203(b)(1), added pars. (1) and (2) and struck out former pars. (1) and (2), which read as follows: "(1) Amount of supplementary grants. - Subject to paragraph (4), the amount of a supplementary grant under this subchapter for a project shall not exceed the applicable percentage of the cost of the project established by regulations promulgated by the Secretary, except that the non-Federal share of the cost of a project (including assumptions of debt) shall not be less than 20 percent. "(2) Form of supplementary grants. - In accordance with such regulations as the Secretary may promulgate, the Secretary shall make supplementary grants by increasing the amounts of grants authorized under this subchapter or by the payment of funds made available under this chapter to the heads of the Federal agencies responsible for carrying out the applicable Federal programs." Subsec. (c)(4). Pub. L. 108-373, Sec. 203(b)(2), struck out heading and text of par. (4). Text read as follows: "(A) Indian tribes. - In the case of a grant to an Indian tribe, the Secretary may reduce the non-Federal share below the percentage specified in paragraph (1) or may waive the non-Federal share. "(B) 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 its effective taxing and borrowing capacity, or in the case of a grant to a nonprofit organization that the Secretary determines has exhausted its effective borrowing capacity, the Secretary may reduce the non-Federal share below the percentage specified in paragraph (1)." -End- -CITE- 42 USC Sec. 3146 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT -HEAD- Sec. 3146. Regulations on relative needs and allocations -STATUTE- 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. -SOURCE- (Pub. L. 89-136, title II, Sec. 206, as added Pub. L. 105-393, title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3604; amended Pub. L. 108-373, title II, Sec. 204, Oct. 27, 2004, 118 Stat. 1761.) -MISC1- AMENDMENTS 2004 - Pars. (3), (4). Pub. L. 108-373 added pars. (3) and (4). -End- -CITE- 42 USC Sec. 3147 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT -HEAD- Sec. 3147. Grants for training, research, and technical assistance -STATUTE- (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. -SOURCE- (Pub. L. 89-136, title II, Sec. 207, as added Pub. L. 105-393, title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3604; amended Pub. L. 108-373, title II, Sec. 205, Oct. 27, 2004, 118 Stat. 1761.) -MISC1- AMENDMENTS 2004 - Subsec. (a)(2)(G) to (I). Pub. L. 108-373, Sec. 205(a), added subpars. (G) and (H) and redesignated former subpar. (G) as (I). Subsec. (a)(3). Pub. L. 108-373, Sec. 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." -End- -CITE- 42 USC Sec. 3148 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT -HEAD- Sec. 3148. Repealed. Pub. L. 108-373, title II, Sec. 206(a), Oct. 27, 2004, 118 Stat. 1761 -MISC1- Section, Pub. L. 89-136, title II, Sec. 208, as added Pub. L. 105- 393, title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3605, related to prevention of unfair competition. -End- -CITE- 42 USC Sec. 3149 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT -HEAD- Sec. 3149. Grants for economic adjustment -STATUTE- (a) In general On the application of an eligible recipient, the Secretary may make grants for development of public facilities, public services, business development (including funding of a revolving loan fund), planning, technical assistance, training, and any other assistance to alleviate long-term economic deterioration and sudden and severe economic dislocation and further the economic adjustment objectives of this subchapter. (b) Criteria for assistance The Secretary may provide assistance under this section only if the Secretary determines that - (1) the project will help the area to meet a special need arising from - (A) actual or threatened severe unemployment; or (B) economic adjustment problems resulting from severe changes in economic conditions; and (2) the area for which a project is to be carried out has a comprehensive economic development strategy and the project is consistent with the strategy, except that this paragraph shall not apply to planning projects. (c) Particular community assistance Assistance under this section may include assistance provided for activities identified by communities, the economies of which are injured by - (1) military base closures or realignments, defense contractor reductions in force, or Department of Energy defense-related funding reductions, for help in diversifying their economies through projects to be carried out on Federal Government installations or elsewhere in the communities; (2) disasters or emergencies, in areas with respect to which a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), for post-disaster economic recovery; (3) international trade, for help in economic restructuring of the communities; (4) fishery failures, in areas with respect to which a determination that there is a commercial fishery failure has been made under section 1861a(a) of title 16; or (5) the loss of manufacturing jobs, for reinvesting in and diversifying the economies of the communities. (d) Special provisions relating to revolving loan fund grants (1) In general The Secretary shall promulgate regulations to maintain the proper operation and financial integrity of revolving loan funds established by recipients with assistance under this section. (2) Efficient administration The Secretary may - (A) at the request of a grantee, amend and consolidate grant agreements governing revolving loan funds to provide flexibility with respect to lending areas and borrower criteria; (B) assign or transfer assets of a revolving loan fund to third party for the purpose of liquidation, and the third party may retain assets of the fund to defray costs related to liquidation; and (C) take such actions as are appropriate to enable revolving loan fund operators to sell or securitize loans (except that the actions may not include issuance of a Federal guaranty by the Secretary). (3) Treatment of actions An action taken by the Secretary under this subsection with respect to a revolving loan fund shall not constitute a new obligation if all grant funds associated with the original grant award have been disbursed to the recipient. (4) Preservation of securities laws (A) Not treated as exempted securities No securities issued pursuant to paragraph (2)(C) shall be treated as exempted securities for purposes of the Securities Act of 1933 (15 U.S.C. 77a et seq.) or the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), unless exempted by rule or regulation of the Securities and Exchange Commission. (B) Preservation Except as provided in subparagraph (A), no provision of this subsection or any regulation promulgated by the Secretary under this subsection supersedes or otherwise affects the application of the securities laws (as the term is defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))) or the rules, regulations, or orders of the Securities and Exchange Commission or a self-regulatory organization under that Commission. -SOURCE- (Pub. L. 89-136, title II, Sec. 209, as added Pub. L. 105-393, title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3605; amended Pub. L. 108-373, title II, Sec. 207, Oct. 27, 2004, 118 Stat. 1762.) -REFTEXT- REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (c)(2), is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as amended, which is classified principally to chapter 68 (Sec. 5121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. The Securities Act of 1933, referred to in subsec. (d)(4)(A), is title I of act May 27, 1933, ch. 38, 48 Stat. 74, as amended, which is classified generally to subchapter I (Sec. 77a et seq.) of chapter 2A of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 77a of Title 15 and Tables. The Securities Exchange Act of 1934, referred to in subsec. (d)(4)(A), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is classified principally to chapter 2B (Sec. 78a et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 78a of Title 15 and Tables. -MISC1- AMENDMENTS 2004 - Subsec. (c)(5). Pub. L. 108-373, Sec. 207(a), added par. (5). Subsec. (d). Pub. L. 108-373, Sec. 207(b), added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: "(1) In general. - Subject to paragraph (2), an eligible recipient of a grant under this section 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. "(2) Limitation. - Under paragraph (1), an eligible recipient may not provide any grant to a private for-profit entity." -End- -CITE- 42 USC Sec. 3150 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT -HEAD- Sec. 3150. Changed project circumstances -STATUTE- 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. -SOURCE- (Pub. L. 89-136, title II, Sec. 210, as added Pub. L. 105-393, title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3606.) -REFTEXT- REFERENCES IN 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. -End- -CITE- 42 USC Sec. 3151 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT -HEAD- Sec. 3151. Use of funds in projects constructed under projected cost -STATUTE- (a) In general In the case of a grant to a recipient for a construction project under section 3141 or 3149 of this title, if the Secretary determines, before closeout of the project, that the cost of the project, based on the designs and specifications that were the basis of the grant, has decreased because of decreases in costs, the Secretary may approve, without further appropriation, the use of the excess funds (or a portion of the excess funds) by the recipient - (1) to increase the Federal share of the cost of a project under this title to the maximum percentage allowable under section 3144 of this title; or (2) to improve the project. (b) Other uses of excess funds Any amount of excess funds remaining after application of subsection (a) of this section may be used by the Secretary for providing assistance under this chapter. (c) Transferred funds In the case of excess funds described in subsection (a) of this section in projects using funds transferred from other Federal agencies pursuant to section 3214 of this title, the Secretary shall - (1) use the funds in accordance with subsection (a) of this section, with the approval of the originating agency; or (2) return the funds to the originating agency. (d) Review by Comptroller General (1) Review The Comptroller General of the United States 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 General on implementation of this subsection. -SOURCE- (Pub. L. 89-136, title II, Sec. 211, as added Pub. L. 105-393, title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3606; amended Pub. L. 108-373, title II, Sec. 208, Oct. 27, 2004, 118 Stat. 1763.) -MISC1- PRIOR PROVISIONS Prior sections 3151 and 3151a were repealed by Pub. L. 105-393, Sec. 102(a). Section 3151, Pub. L. 89-136, title III, Sec. 301, Aug. 26, 1965, 79 Stat. 558; Pub. L. 91-123, title III, Sec. 302, Nov. 25, 1969, 83 Stat. 219; Pub. L. 93-46, Sec. 3(a), June 18, 1973, 87 Stat. 96, authorized technical assistance to alleviate or prevent excessive unemployment or underemployment. Section 3151a, Pub. L. 89-136, title III, Sec. 302, as added Pub. L. 93-423, Sec. 5(b), Sept. 27, 1974, 88 Stat. 1159; amended Pub. L. 94-487, title I, Sec. 110, Oct. 12, 1976, 90 Stat. 2333, authorized grants for economic development planning. AMENDMENTS 2004 - Pub. L. 108-373 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: "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 construction project, and, after the grant has been made but before completion of the project, the cost of the project based on the designs and specifications that was the basis of the grant has decreased because of decreases in costs - "(1) the Secretary may approve, subject to the availability of appropriations, the use of the excess funds or a portion of the funds to improve the project; and "(2) any amount of excess funds remaining after application of paragraph (1) shall be deposited in the general fund of the Treasury." -End- -CITE- 42 USC Sec. 3152 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT -HEAD- Sec. 3152. Reports by recipients -STATUTE- (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. -SOURCE- (Pub. L. 89-136, title II, Sec. 212, as added Pub. L. 105-393, title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3606.) -MISC1- PRIOR PROVISIONS A prior section 3152, Pub. L. 89-136, title III, Sec. 303, formerly Sec. 302, Aug. 26, 1965, 79 Stat. 560, amended Pub. L. 91- 123, title III, Sec. 303, Nov. 25, 1969, 83 Stat. 219; Pub. L. 91- 304, Sec. 1(c), July 6, 1970, 84 Stat. 375; Pub. L. 92-65, title I, Sec. 105, Aug. 5, 1971, 85 Stat. 167; Pub. L. 93-46, Sec. 3(b), June 18, 1973, 87 Stat. 96; renumbered Sec. 303 and amended Pub. L. 93-423, Sec. 5(a), (c), Sept. 27, 1974, 88 Stat. 1159, 1160; Pub. L. 94-487, title I, Sec. 111, Oct. 12, 1976, 90 Stat. 2334; Pub. L. 96-506, Sec. 1(5), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97-35, title XVIII, Sec. 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, Sec. 102(a). -End- -CITE- 42 USC Sec. 3153 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT -HEAD- Sec. 3153. Prohibition on use of funds for attorney's and consultant's fees -STATUTE- 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. -SOURCE- (Pub. L. 89-136, title II, Sec. 213, as added Pub. L. 105-393, title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3607.) -MISC1- PRIOR PROVISIONS A prior section 3153, Pub. L. 89-136, title III, Sec. 304, as added Pub. L. 93-423, Sec. 5(d), Sept. 27, 1974, 88 Stat. 1160; amended Pub. L. 94-487, title I, Sec. 112, Oct. 12, 1976, 90 Stat. 2334; Pub. L. 96-506, Sec. 1(6), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97-35, title XVIII, Sec. 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, Sec. 102(a). -End- -CITE- 42 USC Sec. 3154 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT -HEAD- Sec. 3154. Special impact areas -STATUTE- (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. -SOURCE- (Pub. L. 89-136, title II, Sec. 214, as added Pub. L. 108-373, title II, Sec. 209(a), Oct. 27, 2004, 118 Stat. 1763.) -End- -CITE- 42 USC Sec. 3154a 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT -HEAD- Sec. 3154a. Performance awards -STATUTE- (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 aw