Collapse to view only § 3154d. Brightfields demonstration program
- § 3141. Grants for public works and economic development
- § 3142. Base closings and realignments
- § 3143. Grants for planning and grants for administrative expenses
- § 3144. Cost sharing
- § 3145. Supplementary grants
- § 3146. Regulations on relative needs and allocations
- § 3147. Grants for training, research, and technical assistance
- § 3148. Repealed.
- § 3149. Grants for economic adjustment
- § 3150. Changed project circumstances
- § 3151. Use of funds in projects constructed under projected cost
- § 3152. Reports by recipients
- § 3153. Prohibition on use of funds for attorney’s and consultant’s fees
- § 3154. Special impact areas
- § 3154a. Performance awards
- § 3154b. Planning performance awards
- § 3154c. Direct expenditure or redistribution by recipient
- § 3154d. Brightfields demonstration program
§ 3141. Grants for public works and economic development
(a) In generalOn 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 grantThe 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
(Pub. L. 89–136, title II, § 201, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3601.)
§ 3142. Base closings and realignments
Notwithstanding any other provision of law, the Secretary may provide to an eligible recipient any assistance available under this subchapter for a project to be carried out on a military or Department of Energy installation that is closed or scheduled for closure or realignment without requiring that the eligible recipient have title to the property or a leasehold interest in the property for any specified term.
(Pub. L. 89–136, title II, § 202, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3602.)
§ 3143. Grants for planning and grants for administrative expenses
(a) In general
(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
(d) State plans
(1) Development
(2) Comprehensive economic development strategy
(3) Coordination
(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
(Pub. L. 89–136, title II, § 203, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3602; amended Pub. L. 108–373, title II, § 201, Oct. 27, 2004, 118 Stat. 1759.)
§ 3144. Cost sharing
(a) Federal shareExcept 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
(c) Increase in Federal share
(1) Indian tribes
(2) Certain States, political subdivisions, and nonprofit organizations
(3) Training, research, and technical assistance
(Pub. L. 89–136, title II, § 204, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3603; amended Pub. L. 108–373, title II, § 202, Oct. 27, 2004, 118 Stat. 1759.)
§ 3145. Supplementary grants
(a) Definition of designated Federal grant programIn 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
(c) Requirements applicable to supplementary grants
(1) Amount of supplementary grants
(2) Form of supplementary grantsThe 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
(Pub. L. 89–136, title II, § 205, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3603; amended Pub. L. 108–373, title II, § 203, Oct. 27, 2004, 118 Stat. 1760.)
§ 3146. Regulations on relative needs and allocationsIn promulgating rules, regulations, and procedures for assistance under this subchapter, the Secretary shall ensure that—
(1) the relative needs of eligible areas are given adequate consideration by the Secretary, as determined based on, among other relevant factors—
(A) the severity of the rates of unemployment in the eligible areas and the duration of the unemployment;
(B) the income levels and the extent of underemployment in eligible areas; and
(C) the outmigration of population from eligible areas and the extent to which the outmigration is causing economic injury in the eligible areas;
(2) allocations of assistance under this subchapter are prioritized to ensure that the level of economic distress of an area, rather than a preference for a geographic area or a specific type of economic distress, is the primary factor in allocating the assistance;
(3)
(A) rural and urban economically distressed areas are not harmed by the establishment or implementation by the Secretary of a private sector leveraging goal for a project under this subchapter;
(B) any private sector leveraging goal established by the Secretary does not prohibit or discourage grant applicants under this subchapter from public works in, or economic development of, rural or urban economically distressed areas; and
(C) the relevant Committees of Congress are notified prior to making any changes to any private sector leveraging goal; and
(4) grants made under this subchapter promote job creation and will have a high probability of meeting or exceeding applicable performance requirements established in connection with the grants.
(Pub. L. 89–136, title II, § 206, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3604; amended Pub. L. 108–373, title II, § 204, Oct. 27, 2004, 118 Stat. 1761.)
§ 3147. Grants for training, research, and technical assistance
(a) In general
(1) Grants
(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
(b) Methods of provision of assistance
In providing research and technical assistance under this section, the Secretary, in addition to making grants under subsection (a), may—
(1) provide research and technical assistance through officers or employees of the Department;
(2) pay funds made available to carry out this section to Federal agencies; or
(3) employ private individuals, partnerships, businesses, corporations, or appropriate institutions under contracts entered into for that purpose.
(Pub. L. 89–136, title II, § 207, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3604; amended Pub. L. 108–373, title II, § 205, Oct. 27, 2004, 118 Stat. 1761.)
§ 3148. Repealed. Pub. L. 108–373, title II, § 206(a), Oct. 27, 2004, 118 Stat. 1761
§ 3149. Grants for economic adjustment
(a) In general
(b) Criteria for assistanceThe 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 assistanceAssistance under this section may include assistance provided for activities identified by communities, the economies of which are injured by—
(1) military base closures or realignments, defense contractor reductions in force, or Department of Energy defense-related funding reductions, for help in diversifying their economies through projects to be carried out on Federal Government installations or elsewhere in the communities;
(2) disasters or emergencies, in areas with respect to which a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), for post-disaster economic recovery;
(3) international trade, for help in economic restructuring of the communities;
(4) fishery failures, in areas with respect to which a determination that there is a commercial fishery failure has been made under section 1861a(a) of title 16; or
(5) the loss of manufacturing jobs, for reinvesting in and diversifying the economies of the communities.
(d) Special provisions relating to revolving loan fund grants
(1) In general
(2) Efficient administrationThe 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
(4) Preservation of securities laws
(A) Not treated as exempted securities
(B) Preservation
(e) Disaster mitigation
(Pub. L. 89–136, title II, § 209, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3605; amended Pub. L. 108–373, title II, § 207, Oct. 27, 2004, 118 Stat. 1762; Pub. L. 115–254, div. D, § 1217(a), Oct. 5, 2018, 132 Stat. 3451.)
§ 3150. Changed project circumstances
In any case in which a grant (including a supplementary grant described in section 3145 of this title) has been made by the Secretary under this subchapter (or made under this chapter, as in effect on the day before the effective date of the Economic Development Administration Reform Act of 1998) for a project, and, after the grant has been made but before completion of the project, the purpose or scope of the project that was the basis of the grant is modified, the Secretary may approve, subject (except for a grant for which funds were obligated in fiscal year 1995) to the availability of appropriations, the use of grant funds for the modified project if the Secretary determines that—
(1) the modified project meets the requirements of this subchapter and is consistent with the comprehensive economic development strategy submitted as part of the application for the grant; and
(2) the modifications are necessary to enhance economic development in the area for which the project is being carried out.
(Pub. L. 89–136, title II, § 210, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3606.)
§ 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 section 3141 or 3149 of this title, if the Secretary determines, before closeout of the project, that the cost of the project, based on the designs and specifications that were the basis of the grant, has decreased because of decreases in costs, the Secretary may approve, without further appropriation, the use of the excess funds (or a portion of the excess funds) by the recipient—
(1) to increase the Federal share of the cost of a project under this title to the maximum percentage allowable under section 3144 of this title; or
(2) to improve the project.
(b) Other uses of excess funds
(c) Transferred funds
In the case of excess funds described in subsection (a) in projects using funds transferred from other Federal agencies pursuant to section 3214 of this title, the Secretary shall—
(1) use the funds in accordance with subsection (a), with the approval of the originating agency; or
(2) return the funds to the originating agency.
(Pub. L. 89–136, title II, § 211, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3606; amended Pub. L. 108–373, title II, § 208, Oct. 27, 2004, 118 Stat. 1763; Pub. L. 111–8, div. G, title I, § 1301(b), Mar. 11, 2009, 123 Stat. 829; Pub. L. 111–68, div. A, title I, § 1501(a), Oct. 1, 2009, 123 Stat. 2041.)
§ 3152. Reports by recipients
(a) In general
(b) Contents
(Pub. L. 89–136, title II, § 212, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3606.)
§ 3153. Prohibition on use of funds for attorney’s and consultant’s fees
Assistance made available under this subchapter shall not be used directly or indirectly for an attorney’s or consultant’s fee incurred in connection with obtaining grants and contracts under this subchapter.
(Pub. L. 89–136, title II, § 213, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3607.)
§ 3154. Special impact areas
(a) In general
(b) ConditionsThe 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
(Pub. L. 89–136, title II, § 214, as added Pub. L. 108–373, title II, § 209(a),
§ 3154a. Performance awards
(a) In general
(b) Performance measures
(1) Regulations
(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
(2) Maximum amount
(d) Use of awards
(e) Federal share
(f) Treatment in meeting non-Federal share requirements
(g) Terms and conditions
(h) Funding
(i) Reporting requirement
(j) Review by Comptroller General
(1) Review
(2) Report
(Pub. L. 89–136, title II, § 215, as added Pub. L. 108–373, title II, § 210(a), Oct. 27, 2004, 118 Stat. 1764.)
§ 3154b. Planning performance awards
(a) In general
(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
(d) Use of awards
(e) Federal share
(f) Funding
(Pub. L. 89–136, title II, § 216, as added Pub. L. 108–373, title II, § 211(a), Oct. 27, 2004, 118 Stat. 1765.)
§ 3154c. Direct expenditure or redistribution by recipient
(a) In general
(b) Limitation
(c) Economic adjustment
(d) Limitation
(Pub. L. 89–136, title II, § 217, as added Pub. L. 108–373, title II, § 212(a), Oct. 27, 2004, 118 Stat. 1766.)
§ 3154d. Brightfields demonstration program
(a) Definition of brightfield site
(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
(d) Authorization of appropriations
(Pub. L. 89–136, title II, § 218, as added Pub. L. 108–373, title II, § 213(a), Oct. 27, 2004, 118 Stat. 1766.)