CHAPTER 38 —PUBLIC WORKS AND ECONOMIC DEVELOPMENT
SUBCHAPTER I—ECONOMIC DEVELOPMENT PARTNERSHIPS COOPERATION AND COORDINATION
SUBCHAPTER II—GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT
SUBCHAPTER III—ELIGIBILITY; COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES
SUBCHAPTER IV—ECONOMIC DEVELOPMENT DISTRICTS
SUBCHAPTER V—ADMINISTRATION
SUBCHAPTER VI—MISCELLANEOUS
SUBCHAPTER VII—FUNDING
§3121. Findings and declarations
(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.
(
Editorial Notes
Prior Provisions
A prior section 3121,
Amendments
2004—
Statutory Notes and Related Subsidiaries
Effective Date
Short Title of 2020 Amendment
Short Title of 2004 Amendment
Short Title of 1998 Amendment
Short Title of 1976 Amendment
Short Title of 1975 Amendments
Short Title of 1974 Amendment
Short Title of 1971 Amendment
Short Title of 1969 Amendment
Short Title
A prior section 1 of
Transition Provisions
"(a)
"(b)
"(c)
"(1) the Public Works and Economic Development Act of 1965 (
"(2) the Area Redevelopment Act (
"(3) the Trade Act of 1974 (
"(d)
Denali Commission
"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)
"(b)
"(1)
"(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)
"(A)
"(B)
"(C)
"(4)
"(c)
"(1)
"(2)
"(3)
"(4)
"(d)
"(1)
"(2)
"(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)
"(f)
"(g)
"(1)
"(A) The member.
"(B) The spouse, minor child, or partner of the member.
"(C) An organization described in subparagraph (B), (C), (D), (E), or (F) of subsection (b)(1) for which the member is serving as an officer, director, trustee, partner, or employee.
"(D) Any individual, person, or organization with which the member is negotiating or has any arrangement concerning prospective employment.
"(2)
"(A) immediately advises the designated agency ethics official for the Commission of the nature and circumstances of the matter presenting a potential conflict of interest;
"(B) makes full disclosure of the financial interest; and
"(C) before the proceeding concerning the matter presenting the conflict of interest, receives a written determination by the designated agency ethics official for the Commission that the interest is not so substantial as to be likely to affect the integrity of the services that the Commission may expect from the member. The written determination shall specify the rationale and any evidence or support for the decision, identify steps, if any, that should be taken to mitigate any conflict of interest, and be available to the public.
"(3)
"(4)
"(5)
"(6)
"SEC. 304. DUTIES OF THE COMMISSION.
"(a)
"(1)
"(2)
"(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)
"(b)
"(1)
"(2)
"(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)
"(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)
"SEC. 305. POWERS OF THE COMMISSION.
"(a)
"(b)
"(c)
"(1)
"(2)
"(A)(i) the Commission, on behalf of the United States, may accept conditional gifts for purposes of carrying out this Act [probably means this title], if approved by the Federal Cochairperson; and
"(ii) the principal of and income from any such conditional gift shall be held, invested, reinvested, and used in accordance with the condition applicable to the gift; but
"(B) no gift shall be accepted that is conditioned on any expenditure not to be funded from the gift or from the income generated by the gift unless the expenditure has been approved by Act of Congress.
"(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)
"(b)
"(c)
"(1)
"(2)
"(d)
"(e)
"(f)
"(g)
"(h)
"SEC. 307. SPECIAL FUNCTIONS.
"(a)
"(b)
"(1) Federal law, including the Oil Pollution Act of 1990 (
"(2) State law.
"(c)
"(d)
"(e)
"SEC. 308. EXEMPTION FROM CHAPTER 10 OF TITLE 5, UNITED STATES CODE .
"
"SEC. 309. DENALI ACCESS SYSTEM PROGRAM.
"(a)
"(b)
"(1)
"(2)
"(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)
"(A)
"(B)
"(4)
"(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)
"(c)
"(1)
"(2)
"(d)
"(e)
"(f)
"(g)
"(h)
"(i)
"(1)
"(2)
"(j)
"(1)
"(2)
"
"(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.
"SEC. 311. TRANSFER OF FUNDS FROM OTHER FEDERAL AGENCIES.
"(a)
"(b)
"(c)
"(1) shall remain available until expended;
"(2) may, to the extent necessary to carry out this Act [probably means this title], be transferred to, and merged with, the amounts made available by appropriations Acts for the Commission by the Federal Cochairperson; and
"(3) notwithstanding any other provision of law, shall—
"(A) be treated as if directly appropriated to the Commission and subject to applicable provisions of this Act; and
"(B) not be subject to any requirements that applied to the funds before the transfer, including a requirement in an appropriations Act or a requirement or regulation of the Federal agency from which the funds are transferred.
"SEC. 312. AUTHORIZATION OF APPROPRIATIONS.
"(a)
"(b)
[
[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
Lower Mississippi Delta Development Commission
Prior to amendment by
Public Works Improvement
White House Conference on Balanced National Growth and Economic Development
Executive Documents
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
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, §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:
(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.
(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.
§3122. Definitions
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
(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
(ii) has been designated by the Secretary as an economic development district under
(B) Inclusion
The term "economic development district" includes any economic development district designated by the Secretary under
(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
(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
(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 (
(8) Regional Commissions
The term "Regional Commissions" means—
(A) the Appalachian Regional Commission established under
(B) the Delta Regional Authority established under subtitle F of the Consolidated Farm and Rural Development Act (
(C) the Denali Commission established under the Denali Commission Act of 1998 (
(D) the Northern Great Plains Regional Authority established under subtitle G of the Consolidated Farm and Rural Development Act (
(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
(
Editorial Notes
References in Text
The Alaska Native Claims Settlement Act, referred to in par. (7), is
The Consolidated Farm and Rural Development Act, referred to in par. (8)(B), (D), is title III of
The Denali Commission Act of 1998, referred to in par. (8)(C), is title III of
Prior Provisions
A prior section 3122,
Amendments
2004—Par. (4)(A).
Pars. (8) to (12).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3123. Discrimination on basis of sex prohibited in federally assisted programs
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 [
(
Editorial Notes
References in Text
The Public Works and Economic Development Act of 1965, referred to in text, is
Codification
Section was not enacted as part of the Public Works and Economic Development Act of 1965 which comprises this chapter.
SUBCHAPTER I—ECONOMIC DEVELOPMENT PARTNERSHIPS COOPERATION AND COORDINATION
§3131. Establishment of economic development partnerships
(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.
(
Editorial Notes
Prior Provisions
A prior section 3131,
Amendments
2004—Subsec. (b).
Subsec. (d)(1).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3132. Cooperation of Federal agencies
In accordance with applicable laws and subject to the availability of appropriations, each Federal agency shall exercise its powers, duties and functions, and shall cooperate with the Secretary, in such manner as will assist the Secretary in carrying out this subchapter.
(
Editorial Notes
Prior Provisions
A prior section 3132,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3133. Coordination
(a) In general
The Secretary shall coordinate activities relating to the preparation and implementation of comprehensive economic development strategies under this chapter with Federal agencies carrying out other Federal programs, States, economic development districts, Indian tribes, and other appropriate planning and development organizations.
(b) Meetings
To carry out subsection (a), or for any other purpose relating to economic development activities, the Secretary may convene meetings with Federal agencies, State and local governments, economic development districts, Indian tribes, and other appropriate planning and development organizations.
(
Editorial Notes
Prior Provisions
A prior section 3133,
A prior section 3134,
Prior sections 3135 to 3137 were repealed by
Section 3135,
Section 3136,
Section 3137,
Amendments
2004—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
SUBCHAPTER II—GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT
§3141. Grants for public works and economic development
(a) In general
On the application of an eligible recipient, the Secretary may make grants for—
(1) acquisition or development of land and improvements for use for a public works, public service, or development facility; and
(2) acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of such a facility, including related machinery and equipment.
(b) Criteria for grant
The Secretary may make a grant under this section only if the Secretary determines that—
(1) the project for which the grant is applied for will, directly or indirectly—
(A) improve the opportunities, in the area where the project is or will be located, for the successful establishment or expansion of industrial or commercial plants or facilities;
(B) assist in the creation of additional long-term employment opportunities in the area; or
(C) primarily benefit the long-term unemployed and members of low-income families;
(2) the project for which the grant is applied for will fulfill a pressing need of the area, or a part of the area, in which the project is or will be located; and
(3) the area for which the project is to be carried out has a comprehensive economic development strategy and the project is consistent with the strategy.
(c) Maximum assistance for each State
Not more than 15 percent of the amounts made available to carry out this section may be expended in any 1 State.
(
Editorial Notes
Prior Provisions
A prior section 3141,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3142. Base closings and realignments
Notwithstanding any other provision of law, the Secretary may provide to an eligible recipient any assistance available under this subchapter for a project to be carried out on a military or Department of Energy installation that is closed or scheduled for closure or realignment without requiring that the eligible recipient have title to the property or a leasehold interest in the property for any specified term.
(
Editorial Notes
Prior Provisions
A prior section 3142,
A prior section 3142–1,
A prior section 3142a,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3143. Grants for planning and grants for administrative expenses
(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.
(
Editorial Notes
Prior Provisions
A prior section 3143,
Amendments
2004—Subsec. (d)(1).
Subsec. (d)(3).
"(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).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3144. Cost sharing
(a) Federal share
Except as provided in subsection (c), 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) 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) up to 100 percent of the cost of the project.
(3) Training, research, and technical assistance
In the case of a grant provided under
(
Editorial Notes
Prior Provisions
A prior section 3144,
Amendments
2004—Subsec. (a).
Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3145. Supplementary grants
(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), 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
(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
(
Editorial Notes
Amendments
2004—Subsec. (b).
"(1)
"(2)
"(A) designated Federal grant programs; and
"(B) direct grants authorized under this subchapter."
Subsec. (c)(1), (2).
"(1)
"(2)
Subsec. (c)(4).
"(A)
"(B)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3146. Regulations on relative needs and allocations
In promulgating rules, regulations, and procedures for assistance under this subchapter, the Secretary shall ensure that—
(1) the relative needs of eligible areas are given adequate consideration by the Secretary, as determined based on, among other relevant factors—
(A) the severity of the rates of unemployment in the eligible areas and the duration of the unemployment;
(B) the income levels and the extent of underemployment in eligible areas; and
(C) the outmigration of population from eligible areas and the extent to which the outmigration is causing economic injury in the eligible areas;
(2) allocations of assistance under this subchapter are prioritized to ensure that the level of economic distress of an area, rather than a preference for a geographic area or a specific type of economic distress, is the primary factor in allocating the assistance;
(3)(A) rural and urban economically distressed areas are not harmed by the establishment or implementation by the Secretary of a private sector leveraging goal for a project under this subchapter;
(B) any private sector leveraging goal established by the Secretary does not prohibit or discourage grant applicants under this subchapter from public works in, or economic development of, rural or urban economically distressed areas; and
(C) the relevant Committees of Congress are notified prior to making any changes to any private sector leveraging goal; and
(4) grants made under this subchapter promote job creation and will have a high probability of meeting or exceeding applicable performance requirements established in connection with the grants.
(
Editorial Notes
Amendments
2004—Pars. (3), (4).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3147. Grants for training, research, and technical assistance
(a) In general
(1) Grants
On the application of an eligible recipient, the Secretary may make grants for training, research, and technical assistance, including grants for program evaluation and economic impact analyses, that would be useful in alleviating or preventing conditions of excessive unemployment or underemployment.
(2) Types of assistance
Grants under paragraph (1) may be used for—
(A) project planning and feasibility studies;
(B) demonstrations of innovative activities or strategic economic development investments;
(C) management and operational assistance;
(D) establishment of university centers;
(E) establishment of business outreach centers;
(F) studies evaluating the needs of, and development potential for, economic growth of areas that the Secretary determines have substantial need for the assistance;
(G) studies that evaluate the effectiveness of coordinating projects funded under this chapter with projects funded under other Acts;
(H) assessment, marketing, and establishment of business clusters; and
(I) other activities determined by the Secretary to be appropriate.
(3) Cooperation requirement
In the case of a project assisted under this section that is national or regional in scope, the Secretary may waive the provision in
(b) Methods of provision of assistance
In providing research and technical assistance under this section, the Secretary, in addition to making grants under subsection (a), may—
(1) provide research and technical assistance through officers or employees of the Department;
(2) pay funds made available to carry out this section to Federal agencies; or
(3) employ private individuals, partnerships, businesses, corporations, or appropriate institutions under contracts entered into for that purpose.
(
Editorial Notes
Amendments
2004—Subsec. (a)(2)(G) to (I).
Subsec. (a)(3).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3148. Repealed. Pub. L. 108–373, title II, §206(a), Oct. 27, 2004, 118 Stat. 1761
Section,
§3149. Grants for economic adjustment
(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 (
(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
(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 (
(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 (
(e) Disaster mitigation
In providing assistance pursuant to subsection (c)(2), if appropriate and as applicable, the Secretary may encourage hazard mitigation in assistance provided pursuant to such subsection.
(
Editorial Notes
References in Text
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (c)(2), is
The Securities Act of 1933, referred to in subsec. (d)(4)(A), is title I of act May 27, 1933, ch. 38,
The Securities Exchange Act of 1934, referred to in subsec. (d)(4)(A), is act June 6, 1934, ch. 404,
Amendments
2018—Subsec. (e).
2004—Subsec. (c)(5).
Subsec. (d).
"(1)
"(2)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3150. Changed project circumstances
In any case in which a grant (including a supplementary grant described in
(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.
(
Editorial Notes
References in Text
For the effective date of the Economic Development Administration Reform Act of 1998, referred to in text, see section 105 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3151. Use of funds in projects constructed under projected cost
(a) In general
In the case of a grant to a recipient for a construction project under
(1) to increase the Federal share of the cost of a project under this title to the maximum percentage allowable under
(2) to improve the project.
(b) Other uses of excess funds
Any amount of excess funds remaining after application of subsection (a) 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) in projects using funds transferred from other Federal agencies pursuant to
(1) use the funds in accordance with subsection (a), with the approval of the originating agency; or
(2) return the funds to the originating agency.
(
Editorial Notes
Prior Provisions
Prior sections 3151 and 3151a were repealed by
Section 3151,
Section 3151a,
Amendments
2009—Subsec. (d).
2004—
"(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."
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3152. Reports by recipients
(a) In general
Each recipient of assistance under this subchapter shall submit reports to the Secretary at such intervals and in such manner as the Secretary shall require by regulation, except that no report shall be required to be submitted more than 10 years after the date of closeout of the assistance award.
(b) Contents
Each report shall contain an evaluation of the effectiveness of the economic assistance provided under this subchapter in meeting the need that the assistance was designed to address and in meeting the objectives of this chapter.
(
Editorial Notes
Prior Provisions
A prior section 3152,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3153. Prohibition on use of funds for attorney's and consultant's fees
Assistance made available under this subchapter shall not be used directly or indirectly for an attorney's or consultant's fee incurred in connection with obtaining grants and contracts under this subchapter.
(
Editorial Notes
Prior Provisions
A prior section 3153,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3154. Special impact areas
(a) In general
On the application of an eligible recipient that is determined by the Secretary to be unable to comply with the requirements of
(b) Conditions
The Secretary may make a designation under subsection (a) 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), 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.
(
§3154a. Performance awards
(a) In general
The Secretary may make a performance award in connection with a grant made, on or after October 27, 2004, to an eligible recipient for a project under
(b) Performance measures
(1) Regulations
The Secretary shall promulgate regulations to establish performance measures for making performance awards under subsection (a).
(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) 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) may use the award for any eligible purpose under this chapter, in accordance with
(e) Federal share
Notwithstanding
(f) Treatment in meeting non-Federal share requirements
For the purposes of meeting the non-Federal share requirements under this, or any other, Act the funds of a performance award shall be treated as funds from a non-Federal source.
(g) Terms and conditions
In making performance awards under subsection (a), the Secretary shall establish such terms and conditions as the Secretary considers to be appropriate.
(h) Funding
The Secretary shall use any amounts made available for economic development assistance programs to carry out this section.
(i) Reporting requirement
The Secretary shall include information regarding performance awards made under this section in the annual report required under
(j) Review by Comptroller General
(1) Review
The Comptroller General shall regularly review the implementation of this section.
(2) Report
Not later than 1 year after October 27, 2004, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the Comptroller on implementation of this subsection.
(
§3154b. Planning performance awards
(a) In general
The Secretary may make a planning performance award in connection with a grant made, on or after October 27, 2004, to an eligible recipient for a project under this subchapter located in an economic development district.
(b) Eligibility
The Secretary may make a planning performance award to an eligible recipient under subsection (a) in connection with a grant for a project if the Secretary determines before closeout of the project that—
(1) the recipient actively participated in the economic development activities of the economic development district in which the project is located;
(2) the project is consistent with the comprehensive economic development strategy of the district;
(3) the recipient worked with Federal, State, and local economic development entities throughout the development of the project; and
(4) the project was completed in accordance with the comprehensive economic development strategy of the district.
(c) Maximum amount
The amount of a planning performance award made under subsection (a) in connection with a grant may not exceed 5 percent of the amount of the grant.
(d) Use of awards
A recipient of a planning performance award under subsection (a) shall use the award to increase the Federal share of the cost of a project under this subchapter.
(e) Federal share
Notwithstanding
(f) Funding
The Secretary shall use any amounts made available for economic development assistance programs to carry out this section.
(
§3154c. Direct expenditure or redistribution by recipient
(a) In general
Subject to subsection (b), a recipient of a grant under
(b) Limitation
A recipient may not redistribute grant funds received under
(c) Economic adjustment
Subject to subsection (d), a recipient of a grant under
(d) Limitation
Under subsection (c), a recipient may not provide any grant to a private for-profit entity.
(
§3154d. Brightfields demonstration program
(a) Definition of brightfield site
In this section, the term "brightfield site" means a brownfield site that is redeveloped through the incorporation of 1 or more solar energy technologies.
(b) Demonstration program
On the application of an eligible recipient, the Secretary may make a grant for a project for the development of a brightfield site if the Secretary determines that the project will—
(1) use 1 or more solar energy technologies to develop abandoned or contaminated sites for commercial use; and
(2) improve the commercial and economic opportunities in the area in which the project is located.
(c) Savings clause
To the extent that any portion of a grant awarded under subsection (b) involves remediation, the remediation shall be subject to
(d) Authorization of appropriations
There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2004 through 2008, to remain available until expended.
(
SUBCHAPTER III—ELIGIBILITY; COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES
§3161. Eligibility of areas
(a) In general
For a project to be eligible for assistance under
(1) Low per capita income
The area has a per capita income of 80 percent or less of the national average.
(2) Unemployment rate above national average
The area has an unemployment rate that is, for the most recent 24-month period for which data are available, at least 1 percent greater than the national average unemployment rate.
(3) Unemployment or economic adjustment problems
The area is an area that the Secretary determines has experienced or is about to experience a special need arising from actual or threatened severe unemployment or economic adjustment problems resulting from severe short-term or long-term changes in economic conditions.
(b) Political boundaries of areas
An area that meets 1 or more of the criteria of subsection (a), including a small area of poverty or high unemployment within a larger community in less economic distress, shall be eligible for assistance under
(c) Documentation
(1) In general
A determination of eligibility under subsection (a) shall be supported by the most recent Federal data available (including data available from the Bureau of Economic Analysis, the Bureau of Labor Statistics, the Census Bureau, the Bureau of Indian Affairs, or any other Federal source determined by the Secretary to be appropriate), or, if no recent Federal data is available, by the most recent data available through the government of the State in which the area is located.
(2) Acceptance by Secretary
The documentation shall be accepted by the Secretary unless the Secretary determines that the documentation is inaccurate.
(d) Prior designations
Any designation of a redevelopment area made before the effective date of the Economic Development Administration Reform Act of 1998 shall not be effective after that effective date.
(
Editorial Notes
References in Text
For the effective date of the Economic Development Administration Reform Act of 1998, referred to in subsec. (d), see section 105 of
Prior Provisions
A prior section 3161,
A prior section 301 of
Amendments
2004—Subsec. (c)(1).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3162. Comprehensive economic development strategies
(a) In general
The Secretary may provide assistance under
(1) an identification of the economic development problems to be addressed using the assistance;
(2) an identification of the past, present, and projected future economic development investments in the area receiving the assistance and public and private participants and sources of funding for the investments; and
(3)(A) a comprehensive economic development strategy for addressing the economic problems identified under paragraph (1) in a manner that promotes economic development and opportunity, fosters effective transportation access, maximizes effective development and use of the workforce consistent with any applicable State or local workforce investment strategy, promotes the use of technology in economic development (including access to high-speed telecommunications), enhances and protects the environment, and balances resources through sound management of development; and
(B) a description of how the strategy will solve the problems.
(b) Approval of comprehensive economic development strategy
The Secretary shall approve a comprehensive economic development strategy that meets the requirements of subsection (a) to the satisfaction of the Secretary.
(c) Approval of other plan
(1) In general
The Secretary may accept as a comprehensive economic development strategy a satisfactory plan developed under another federally supported program.
(2) Existing strategy
To the maximum extent practicable, a plan submitted under this paragraph shall be consistent and coordinated with any existing comprehensive economic development strategy for the area.
(
Editorial Notes
Prior Provisions
A prior section 3162,
A prior section 302 of
Amendments
2004—Subsec. (a)(3)(A).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
SUBCHAPTER IV—ECONOMIC DEVELOPMENT DISTRICTS
§3171. Designation of economic development districts
(a) In general
In order that economic development projects of broad geographic significance may be planned and carried out, the Secretary may designate appropriate economic development districts in the United States, with the concurrence of the States in which the districts will be wholly or partially located, if—
(1) the proposed district is of sufficient size or population, and contains sufficient resources, to foster economic development on a scale involving more than a single area described in
(2) the proposed district contains at least 1 area described in
(3) the proposed district has a comprehensive economic development strategy that—
(A) contains a specific program for intra-district cooperation, self-help, and public investment; and
(B) is approved by each affected State and by the Secretary.
(b) Authorities
The Secretary may, under regulations promulgated by the Secretary—
(1) invite the States to determine boundaries for proposed economic development districts;
(2) cooperate with the States—
(A) in sponsoring and assisting district economic planning and economic development groups; and
(B) in assisting the district groups in formulating comprehensive economic development strategies for districts; and
(3) encourage participation by appropriate local government entities in the economic development districts.
(
Editorial Notes
Prior Provisions
A prior section 3171,
A prior section 401 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3172. Termination or modification of economic development districts
The Secretary shall, by regulation, promulgate standards for the termination or modification of the designation of economic development districts.
(
Editorial Notes
Prior Provisions
A prior section 3172,
A prior section 402 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3173. Repealed. Pub. L. 108–373, title IV, §401(a), Oct. 27, 2004, 118 Stat. 1767
Section,
Editorial Notes
Prior Provisions
A prior section 3173,
A prior section 403 of
§3174. Provision of comprehensive economic development strategies to Regional Commissions
If any part of an economic development district is in a region covered by 1 or more of the Regional Commissions, the economic development district shall ensure that a copy of the comprehensive economic development strategy of the district is provided to the affected Regional Commission.
(
Editorial Notes
Prior Provisions
A prior section 404 of
Amendments
2004—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3175. Assistance to parts of economic development districts not in eligible areas
Notwithstanding
(
Editorial Notes
Prior Provisions
A prior section 405 of
Prior sections 3181 to 3190 were repealed by
Section 3181,
Section 3182,
Section 3183,
Section 3184,
Section 3185,
Section 3186,
Section 3187,
Section 3188,
Section 3188a,
Section 3189,
Section 3190,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
SUBCHAPTER V—ADMINISTRATION
§3191. Assistant Secretary for Economic Development
(a) In general
The Secretary shall carry out this chapter through an Assistant Secretary of Commerce for Economic Development, to be appointed by the President, by and with the advice and consent of the Senate.
(b) Compensation
The Assistant Secretary of Commerce for Economic Development shall be compensated at the rate payable for level IV of the Executive Schedule under
(c) Duties
The Assistant Secretary of Commerce for Economic Development shall carry out such duties as the Secretary shall require and shall serve as the administrator of the Economic Development Administration of the Department.
(
Editorial Notes
Prior Provisions
A prior section 3191,
A prior section 501 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3192. Economic development information clearinghouse
In carrying out this chapter, the Secretary shall—
(1) maintain a central information clearinghouse on the Internet with—
(A) information on economic development, economic adjustment, disaster recovery, defense conversion, and trade adjustment programs and activities of the Federal Government;
(B) links to State economic development organizations; and
(C) links to other appropriate economic development resources;
(2) assist potential and actual applicants for economic development, economic adjustment, disaster recovery, defense conversion, and trade adjustment assistance under Federal and State laws in locating and applying for the assistance;
(3) assist areas described in
(4) obtain appropriate information from other Federal agencies needed to carry out the duties under this chapter.
(
Editorial Notes
Prior Provisions
A prior section 3192,
A prior section 502 of
Amendments
2004—Par. (1).
Par. (2).
Par. (4).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3193. Consultation with other persons and agencies
(a) Consultation on problems relating to employment
The Secretary may consult with any persons, including representatives of labor, management, agriculture, and government, who can assist in addressing the problems of area and regional unemployment or underemployment.
(b) Consultation on administration of chapter
The Secretary may provide for such consultation with interested Federal agencies as the Secretary determines to be appropriate in the performance of the duties of the Secretary under this chapter.
(
Editorial Notes
Prior Provisions
A prior section 3193,
A prior section 503 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3194. Administration, operation, and maintenance
The Secretary shall approve Federal assistance under this chapter only if the Secretary is satisfied that the project for which Federal assistance is granted will be properly and efficiently administered, operated, and maintained.
(
Editorial Notes
Prior Provisions
A prior section 3194,
A prior section 504 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3195. Repealed. Pub. L. 108–373, title V, §502(a), Oct. 27, 2004, 118 Stat. 1768
Section,
Editorial Notes
Prior Provisions
A prior section 3195,
A prior section 505 of
§3196. Performance evaluations of grant recipients
(a) In general
The Secretary shall conduct an evaluation of each university center and each economic development district that receives grant assistance under this chapter (each referred to in this section as a "grantee") to assess the grantee's performance and contribution toward retention and creation of employment.
(b) Purpose of evaluations of university centers
The purpose of the evaluations of university centers under subsection (a) shall be to determine which university centers are performing well and are worthy of continued grant assistance under this chapter, and which should not receive continued assistance, so that university centers that have not previously received assistance may receive assistance.
(c) Timing of evaluations
Evaluations under subsection (a) shall be conducted on a continuing basis so that each grantee is evaluated within 3 years after the first award of assistance to the grantee, and at least once every 3 years thereafter, so long as the grantee receives the assistance.
(d) Evaluation criteria
(1) Establishment
The Secretary shall establish criteria for use in conducting evaluations under subsection (a).
(2) Evaluation criteria for university centers
The criteria for evaluation of a university center shall, at a minimum, provide for an assessment of the center's contribution to providing technical assistance, conducting applied research, program performance, and disseminating results of the activities of the center.
(3) Evaluation criteria for economic development districts
The criteria for evaluation of an economic development district shall, at a minimum, provide for an assessment of management standards, financial accountability, and program performance.
(e) Peer review
In conducting an evaluation of a university center or economic development district under subsection (a), the Secretary shall provide for the participation of at least 1 other university center or economic development district, as appropriate, on a cost-reimbursement basis.
(
Editorial Notes
Prior Provisions
A prior section 3196,
A prior section 506 of
Amendments
2004–Subsec. (c).
Subsec. (d)(2).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3197. Notification of reorganization
Not later than 30 days before the date of any reorganization of the offices, programs, or activities of the Economic Development Administration, the Secretary shall provide notification of the reorganization to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate, and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives.
(
Editorial Notes
Prior Provisions
A prior section 507 of
Prior sections 3201 to 3204 were repealed by
Section 3201,
Section 3202,
Section 3203,
Section 3204,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
SUBCHAPTER VI—MISCELLANEOUS
§3211. Powers of Secretary
(a) In general
In carrying out the duties of the Secretary under this chapter, the Secretary may—
(1) adopt, alter, and use a seal, which shall be judicially noticed;
(2) subject to the civil service and classification laws, select, employ, appoint, and fix the compensation of such personnel as are necessary to carry out this chapter;
(3) hold such hearings, sit and act at such times and places, and take such testimony, as the Secretary determines to be appropriate;
(4) request directly, from any Federal agency, board, commission, office, or independent establishment, such information, suggestions, estimates, and statistics as the Secretary determines to be necessary to carry out this chapter (and each Federal agency, board, commission, office, or independent establishment may provide such information, suggestions, estimates, and statistics directly to the Secretary);
(5) under regulations promulgated by the Secretary—
(A) assign or sell at public or private sale, or otherwise dispose of for cash or credit, in the Secretary's discretion and on such terms and conditions and for such consideration as the Secretary determines to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by the Secretary in connection with assistance provided under this chapter; and
(B) collect or compromise all obligations assigned to or held by the Secretary in connection with that assistance until such time as the obligations are referred to the Attorney General for suit or collection;
(6) deal with, complete, renovate, improve, modernize, insure, rent, or sell for cash or credit, on such terms and conditions and for such consideration as the Secretary determines to be reasonable, any real or personal property conveyed to or otherwise acquired by the Secretary in connection with assistance provided under this chapter;
(7) pursue to final collection, by means of compromise or other administrative action, before referral to the Attorney General, all claims against third parties assigned to the Secretary in connection with assistance provided under this chapter;
(8) acquire, in any lawful manner, any property (real, personal, or mixed, tangible or intangible), to the extent appropriate in connection with assistance provided under this chapter;
(9) in addition to any powers, functions, privileges, and immunities otherwise vested in the Secretary, take any action, including the procurement of the services of attorneys by contract, determined by the Secretary to be necessary or desirable in making, purchasing, servicing, compromising, modifying, liquidating, or otherwise administratively dealing with assets held in connection with financial assistance provided under this chapter;
(10)(A) employ experts and consultants or organizations as authorized by
(B) compensate individuals so employed, including compensation for travel time; and
(C) allow individuals so employed, while away from their homes or regular places of business, travel expenses, including per diem in lieu of subsistence, as authorized by
(11) establish performance measures for grants and other assistance provided under this chapter, and use the performance measures to evaluate the economic impact of economic development assistance programs under this chapter, which establishment and use of performance measures shall be provided by the Secretary through—
(A) officers or employees of the Department;
(B) the employment of persons under contracts entered into for such purposes; or
(C) grants to persons, using funds made available to carry out this chapter;
(12) conduct environmental reviews and incur necessary expenses to evaluate and monitor the environmental impact of economic development assistance provided and proposed to be provided under this chapter, including expenses associated with the representation and defense of the actions of the Secretary relating to the environmental impact of the assistance, using any funds made available to carry out
(13) sue and be sued in any court of record of a State having general jurisdiction or in any United States district court, except that no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Secretary or the property of the Secretary; and
(14) establish such rules, regulations, and procedures as the Secretary considers appropriate for carrying out this chapter.
(b) Deficiency judgments
The authority under subsection (a)(7) to pursue claims shall include the authority to obtain deficiency judgments or otherwise pursue claims relating to mortgages assigned to the Secretary.
(c) Inapplicability of certain other requirements
(d) Property interests
(1) In general
The powers of the Secretary under this section, relating to property acquired by the Secretary in connection with assistance provided under this chapter, shall extend to property interests of the Secretary relating to projects approved under—
(A) this chapter;
(B) title I of the Public Works Employment Act of 1976 (
(C) title II of the Trade Act of 1974 (
(D) the Community Emergency Drought Relief Act of 1977 (
(2) Release
(A) In general
Except as provided in subparagraph (B), the Secretary may release, in whole or in part, any real property interest, or tangible personal property interest, in connection with a grant after the date that is 20 years after the date on which the grant was awarded.
(B) Certain releases
(i) In general
On written request from a recipient of a grant under
(I) the request is made not less than 7 years after the final disbursement of the original grant;
(II) the recipient has complied with the terms and conditions of the grant to the satisfaction of the Secretary;
(III) any proceeds realized from the grant will be used for 1 or more activities that continue to carry out the economic development purposes of this chapter; and
(IV) the recipient includes in the written request a description of how the recipient will use the proceeds of the grant in accordance with subclause (III).
(ii) Deadline
(I) In general
Except as provided in subclause (II), the Secretary shall complete all closeout actions for the grant by not later than 180 days after receipt and acceptance of the written request under clause (i).
(II) Extension
The Secretary may extend a deadline under subclause (I) by an additional 180 days if the Secretary determines the extension to be necessary.
(iii) Savings provision
(e) Powers of conveyance and execution
The power to convey and to execute, in the name of the Secretary, deeds of conveyance, deeds of release, assignments and satisfactions of mortgages, and any other written instrument relating to real or personal property or any interest in such property acquired by the Secretary under this chapter may be exercised by the Secretary, or by any officer or agent appointed by the Secretary for that purpose, without the execution of any express delegation of power or power of attorney.
(
Editorial Notes
References in Text
The Public Works Employment Act of 1976, referred to in subsec. (d)(1)(B), is
The Trade Act of 1974, referred to in subsec. (d)(1)(C), is
The Community Emergency Drought Relief Act of 1977, referred to in subsec. (d)(1)(D), is
Codification
In subsec. (c), "
Prior Provisions
A prior section 3211,
A prior section 601(a) of
Amendments
2020—Subsec. (d)(2).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
Authorization for Temporary Personnel To Respond to Coronavirus
[For definition of "coronavirus" as used in provision of title II of div. B of
§3212. Maintenance of standards
All laborers and mechanics employed by contractors or subcontractors on projects assisted by the Secretary under this chapter shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of
(
Editorial Notes
References in Text
Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Government Organization and Employees.
Codification
Section was formerly classified to
Prior Provisions
A prior section 3212,
A prior section 602 of
Amendments
2004—
1998—
1974—
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
§3213. Annual report to Congress
(a) In general
Not later than July 1, 2000, and July 1 of each year thereafter, the Secretary shall submit to Congress a comprehensive and detailed annual report on the activities of the Secretary under this chapter during the most recently completed fiscal year.
(b) Inclusions
Each report required under subsection (a) shall—
(1) include a list of all grant recipients by State, including the projected private sector dollar to Federal dollar investment ratio for each grant recipient;
(2) include a discussion of any private sector leveraging goal with respect to grants awarded to—
(A) rural and urban economically distressed areas; and
(B) highly distressed areas; and
(3) after the completion of a project, include the realized private sector dollar to Federal dollar investment ratio for the project.
(
Editorial Notes
Prior Provisions
A prior section 3213,
A prior section 603 of
Amendments
2004—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3214. Delegation of functions and transfer of funds among Federal agencies
(a) Delegation of functions to other Federal agencies
The Secretary may—
(1) delegate to the heads of other Federal agencies such functions, powers, and duties of the Secretary under this chapter as the Secretary determines to be appropriate; and
(2) authorize the redelegation of the functions, powers, and duties by the heads of the agencies.
(b) Transfer of funds to other Federal agencies
Funds authorized to be appropriated to carry out this chapter may be transferred between Federal agencies, if the funds are used for the purposes for which the funds are specifically authorized and appropriated.
(c) Transfer of funds from other Federal agencies
(1) In general
Subject to paragraph (2), for the purposes of this chapter, the Secretary may accept transfers of funds from other Federal agencies if the funds are used for the purposes for which (and in accordance with the terms under which) the funds are specifically authorized and appropriated.
(2) Use of funds
The transferred funds—
(A) shall remain available until expended; and
(B) may, to the extent necessary to carry out this chapter, be transferred to and merged by the Secretary with the appropriations for salaries and expenses.
(
Editorial Notes
Prior Provisions
A prior section 3214,
A prior section 604 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3215. Penalties
(a) False statements; security overvaluation
A person that makes any statement that the person knows to be false, or willfully overvalues any security, for the purpose of—
(1) obtaining for the person or for any applicant any financial assistance under this chapter or any extension of the assistance by renewal, deferment, or action, or by any other means, or the acceptance, release, or substitution of security for the assistance;
(2) influencing in any manner the action of the Secretary; or
(3) obtaining money, property, or any thing of value, under this chapter;
shall be fined under title 18, imprisoned not more than 5 years, or both.
(b) Embezzlement and fraud-related crimes
A person that is connected in any capacity with the Secretary in the administration of this chapter and that—
(1) embezzles, abstracts, purloins, or willfully misapplies any funds, securities, or other thing of value, that is pledged or otherwise entrusted to the person;
(2) with intent to defraud the Secretary or any other person or entity, or to deceive any officer, auditor, or examiner—
(A) makes any false entry in any book, report, or statement of or to the Secretary; or
(B) without being duly authorized, draws any order or issue, puts forth, or assigns any note, debenture, bond, or other obligation, or draft, bill of exchange, mortgage, judgment, or decree thereof;
(3) with intent to defraud, participates or shares in or receives directly or indirectly any money, profit, property, or benefit through any transaction, loan, grant, commission, contract, or any other act of the Secretary; or
(4) gives any unauthorized information concerning any future action or plan of the Secretary that might affect the value of securities, or having such knowledge invests or speculates, directly or indirectly, in the securities or property of any company or corporation receiving loans, grants, or other assistance from the Secretary;
shall be fined under title 18, imprisoned not more than 5 years, or both.
(
Editorial Notes
Prior Provisions
A prior section 3215,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3216. Employment of expediters and administrative employees
Assistance shall not be provided by the Secretary under this chapter to any business unless the owners, partners, or officers of the business—
(1) certify to the Secretary the names of any attorneys, agents, and other persons engaged by or on behalf of the business for the purpose of expediting applications made to the Secretary for assistance of any kind, under this chapter, and the fees paid or to be paid to the person for expediting the applications; and
(2) execute an agreement binding the business, for the 2-year period beginning on the date on which the assistance is provided by the Secretary to the business, to refrain from employing, offering any office or employment to, or retaining for professional services, any person who, on the date on which the assistance or any part of the assistance was provided, or within the 1-year period ending on that date—
(A) served as an officer, attorney, agent, or employee of the Department; and
(B) occupied a position or engaged in activities that the Secretary determines involved discretion with respect to the granting of assistance under this chapter.
(
Editorial Notes
Prior Provisions
A prior section 3216,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3217. Maintenance and public inspection of list of approved applications for financial assistance
(a) In general
The Secretary shall—
(1) maintain as a permanent part of the records of the Department a list of applications approved for financial assistance under this chapter; and
(2) make the list available for public inspection during the regular business hours of the Department.
(b) Additions to list
The following information shall be added to the list maintained under subsection (a) as soon as an application described in subsection (a)(1) is approved:
(1) The name of the applicant and, in the case of a corporate application, the name of each officer and director of the corporation.
(2) The amount and duration of the financial assistance for which application is made.
(3) The purposes for which the proceeds of the financial assistance are to be used.
(
Editorial Notes
Prior Provisions
A prior section 3217,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3218. Records and audits
(a) Recordkeeping and disclosure requirements
Each recipient of assistance under this chapter shall keep such records as the Secretary shall require, including records that fully disclose—
(1) the amount and the disposition by the recipient of the proceeds of the assistance;
(2) the total cost of the project in connection with which the assistance is given or used;
(3) the amount and nature of the portion of the cost of the project provided by other sources; and
(4) such other records as will facilitate an effective audit.
(b) Access to books for examination and audit
The Secretary, the Inspector General of the Department, and the Comptroller General of the United States, or any duly authorized representative, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that relate to assistance received under this chapter.
(
Editorial Notes
Prior Provisions
A prior section 3218,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3219. Relationship to assistance under other law
Nothing in this chapter authorizes or permits any reduction in the amount of Federal assistance that any State or other entity eligible under this chapter is entitled to receive under any other Act.
(
Editorial Notes
Prior Provisions
A prior section 3219,
Amendments
2004—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3220. Acceptance of certifications by applicants
Under terms and conditions determined by the Secretary, the Secretary may accept the certifications of an applicant for assistance under this chapter that the applicant meets the requirements of this chapter.
(
Editorial Notes
Prior Provisions
A prior section 3220,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3221. Brownfields redevelopment report
(a) Definition of brownfield site
In this section, the term "brownfield site" has the meaning given the term in
(b) Report
(1) In general
Not later than 1 year after October 27, 2004, the Comptroller General shall prepare a report that evaluates the grants made by the Economic Development Administration for the economic development of brownfield sites.
(2) Contents
The report shall—
(A) identify each project conducted during the previous 10-year period in which grant funds have been used for brownfield sites redevelopment activities; and
(B) include for each project a description of—
(i) the type of economic development activities conducted;
(ii) if remediation activities were conducted—
(I) the type of remediation activities; and
(II) the amount of grant money used for those activities in dollars and as a percentage of the total grant award;
(iii) the economic development and environmental standards applied, if applicable;
(iv) the economic development impact of the project;
(v) the role of Federal, State, or local environmental agencies, if any; and
(vi) public participation in the project.
(3) Submission of report
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 copy of the report.
(
Editorial Notes
Prior Provisions
A prior section 3221,
§3222. Savings clause
To the extent that any portion of grants made under this chapter are used for an economic development project that involves remediation, the remediation shall be conducted in compliance with all applicable Federal, State, and local laws and standards.
(
Editorial Notes
Prior Provisions
A prior section 3222,
Prior sections 3223 to 3226 were repealed by
Section 3223,
Section 3224,
Section 3225,
Section 3226,
SUBCHAPTER VII—FUNDING
§3231. General authorization of appropriations
(a) Economic development assistance programs
There are authorized to be appropriated for economic development assistance programs to carry out this chapter, to remain available until expended—
(1) $400,000,000 for fiscal year 2004;
(2) $425,000,000 for fiscal year 2005;
(3) $450,000,000 for fiscal year 2006;
(4) $475,000,000 for fiscal year 2007; and
(5) $500,000,000 for fiscal year 2008.
(b) Salaries and expenses
There are authorized to be appropriated for salaries and expenses of administering this chapter, to remain available until expended—
(1) $33,377,000 for fiscal year 2004; and
(2) such sums as are necessary for each fiscal year thereafter.
(
Editorial Notes
Prior Provisions
A prior section 3231,
A prior section 701 of
Amendments
2004—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3232. Authorization of appropriations for defense conversion activities
(a) In general
In addition to amounts made available under
(b) Pilot projects
Funds made available under subsection (a) may be used for activities including pilot projects for privatization of, and economic development activities for, closed or realigned military or Department of Energy installations.
(
Editorial Notes
Prior Provisions
A prior section 3232,
A prior section 702 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3233. Authorization of appropriations for disaster economic recovery activities
(a) In general
In addition to amounts made available under
(b) Federal share
The Federal share of the cost of activities funded with amounts made available under subsection (a) shall be up to 100 percent.
(
Editorial Notes
Prior Provisions
A prior section 3233,
A prior section 703 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 11, 1999, see section 105 of
§3234. Funding for grants for planning and grants for administrative expenses
Of the amounts made available under
(
Editorial Notes
Prior Provisions
Prior sections 3234 and 3235 were repealed by
Section 3234,
Section 3235,
A prior section 3236,
Prior sections 3241 to 3246c were repealed by
Section 3241,
Section 3242,
Section 3243,
Section 3244,
Section 3245,
Section 3246,
Section 3246a,
Section 3246b,
Section 3246c,
A prior section 3246d,
Prior sections 3246e to 3246h were repealed by
Section 3246e,
Section 3246f,
Section 3246g,
Section 3246h,