§3162. Annual review of area eligibility; termination of eligibility; notification of change of classification

The Secretary shall conduct an annual review of all areas designated in accordance with section 3161 of this title, and on the basis of such reviews shall terminate or modify such designation whenever such an area no longer satisfies the designation requirements of section 3161 of this title, but in no event shall such a designation of an area be terminated prior to the expiration of the third year after the date such area was so designated. No area previously designated shall retain its designated status unless it maintains a currently approved overall economic development program in accordance with section 3142(b)(10) of this title. No termination of eligibility shall (1) be made without thirty days' prior notification to the area concerned, (2) affect the validity of any application filed, or contract or undertaking entered into, with respect to such area pursuant to this chapter prior to such termination, (3) prevent any such area from again being designated a redevelopment area under section 3161 of this title if the Secretary determines it to be eligible under such section, or (4) be made in the case of any designated area where the Secretary determines that an improvement in the unemployment rate of a designated area is primarily the result of increased employment in occupations not likely to be permanent. The Secretary shall keep the departments and agencies of the Federal Government, and interested State or local agencies, advised at all times of any changes made hereunder with respect to the classification of any area.

( Pub. L. 89–136, title IV, §402, Aug. 26, 1965, 79 Stat. 561 ; Pub. L. 92–65, title I, §107, Aug. 5, 1971, 85 Stat. 167 .)

Amendments

1971-Pub. L. 92–65 substituted provisions authorizing the Secretary to terminate or modify the designation of an area when such area does not satisfy the requirements of section 3161 of this title and that such designation may not be terminated within three years of designation for provisions authorizing the Secretary to terminate or modify the designation in accordance with objective standards to be prescribed by him by regulation.

Termination or Modification of Designation as Redevelopment Area After May 1, 1970, and Before Sept. 30, 1982

Pub. L. 91–304, §2, July 6, 1970, 84 Stat. 375 , as amended by Pub. L. 92–65, title I, §111, Aug. 5, 1971, 85 Stat. 168 ; Pub. L. 93–46, §6(a), June 18, 1973, 87 Stat. 97 ; Pub. L. 93–423, §10, Sept. 27, 1974, 88 Stat. 1162 ; Pub. L. 94–487, title I, §130, Oct. 12, 1976, 90 Stat. 2339 ; Pub. L. 96–506, §2, Dec. 8, 1980, 94 Stat. 2746 , provided that: "Notwithstanding section 402 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3162) no area designated as a redevelopment area for the purposes of such Act [see Short Title note set out under section 3121 of this title] shall have such designation terminated or modified in accordance with such section after May 1, 1970, and before Sept. 30, 1982, unless the local governing body of the county qualified under existing criteria for de-designation specifically requests de-designation action."

Pub. L. 93–46, §6(b), June 18, 1973, 87 Stat. 97 , provided that: "The amendment made by subsection (a) of this section [amending par. above] shall take effect May 31, 1972, and any area designated as a redevelopment area for the purposes of the Public Works and Economic Development Act of 1965, as amended, on or before that date and which has had such designation terminated or modified in accordance with section 402 of such Act of 1965 on or before the date of enactment of this Act [June 18, 1973] shall, for the purposes of such Act of 1965, be held and considered as a designated redevelopment area during such period and shall continue to be designated as a redevelopment area until otherwise terminated or modified in accordance with the provisions of section 402 of such Act of 1965, and section 2 of the Act of July 6, 1970, as amended by this Act (Public Law 91–304) [provisions of note set out above]."

Section Referred to in Other Sections

This section is referred to in sections 3144, 3161 of this title.