42 U.S.C. § 3141 — Grants for public works and economic de-

Page 5850 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3141 1 So in original. Probably should be followed by a comma. 2 So in original. The comma probably should not appear. 94–487, title I, § 105, Oct. 12, 1976, 90 Stat. 2331; Pub. L. 96–506, § 1(2), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97–35, title XVIII, § 1821(a)(1), Aug. 13, 1981, 95 Stat. 766, au- thorized appropriations to carry out this subchapter from fiscal year ending June 30, 1966, to fiscal year end- ing Sept. 30, 1982. Section 3136, Pub. L. 89–136, title I, § 106, Aug. 26, 1965, 79 Stat. 554; 1966 Reorg. Plan No. 2, § 1(h)(3), eff. May 10, 1966, 31 F.R. 6857, 80 Stat. 1608; 1970 Reorg. Plan No. 3, § 2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, con- ditioned use of financial assistance for sewer or other waste disposal facilities upon certification by Adminis- trator of Environmental Protection Agency. Section 3137, Pub. L. 89–136, title I, § 107, as added Pub. L. 94–487, title I, § 106, Oct. 12, 1976, 90 Stat. 2332, authorized increase in amount of grant for construc- tion cost increases after grant had been made. AMENDMENTS 2025—Subsec. (b). Pub. L. 118–272 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: ‘‘To carry out subsection (a), or for any other purpose relating to economic development activi- ties, the Secretary may convene meetings with Federal agencies, State and local governments, economic devel- opment districts, Indian tribes, and other appropriate planning and development organizations.’’ 2004—Pub. L. 108–373 designated existing provisions as subsec. (a), inserted heading, inserted ‘‘Indian tribes,’’ after ‘‘districts,’’, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title. SUBCHAPTER II—GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT § 3141. Grants for public works and economic de- velopment (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, pub- lic service, or development facility or for the improvement of waste management and recy- cling systems; and (2) acquisition, design and engineering, con- struction, rehabilitation, alteration, expan- sion, increasing the resilience 1 or improve- ment of such a facility, including related ma- chinery 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, expansion, or retention,2 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 unem- ployed and underemployed 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 de- velopment strategy and the project is con- sistent with the strategy. (c) Additional considerations In awarding grants under subsection (a) and subject to the criteria in subsection (b), the Sec- retary may also consider the extent to which a project would— (1) lead to economic diversification in the area, or a part of the area, in which the project is or will be located; (2) address and mitigate economic impacts from extreme weather events, including devel- opment of resilient infrastructure, products, and processes; (3) benefit highly rural communities without adequate tax revenues to invest in long-term or costly infrastructure; (4) increase access to high-speed broadband; (5) support outdoor recreation to spur eco- nomic development, with a focus on rural communities; (6) promote job creation or retention rel- ative to the population of the impacted region with outsized significance; (7) promote travel and tourism; or (8) promote blue economy activities. (d) Maximum assistance for each State Not more than 15 percent of the amounts made available to carry out this section may be ex- pended in any 1 State. (Pub. L. 89–136, title II, § 201, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3601; amended Pub. L. 118–272, div. B, title II, § 2213(a), Jan. 4, 2025, 138 Stat. 3179.) Editorial Notes PRIOR PROVISIONS A prior section 3141, Pub. L. 89–136, title II, § 201, Aug. 26, 1965, 79 Stat. 554; Pub. L. 91–304, § 1(b), July 6, 1970, 84 Stat. 375; Pub. L. 92–65, title I, § 104, Aug. 5, 1971, 85 Stat. 167; Pub. L. 93–46, § 2, June 18, 1973, 87 Stat. 96; Pub. L. 93–423, § 4(a), Sept. 27, 1974, 88 Stat. 1158; Pub. L. 94–487, title I, § 107(a), (b), Oct. 12, 1976, 90 Stat. 2332; Pub. L. 96–506, § 1(3), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97–35, title XVIII, § 1821(a)(2), Aug. 13, 1981, 95 Stat. 766, authorized public works and development facility loans, prior to repeal by Pub. L. 105–393, § 102(a). AMENDMENTS 2025—Subsec. (a)(1). Pub. L. 118–272, § 2213(a)(1)(A), in- serted ‘‘or for the improvement of waste management and recycling systems’’ after ‘‘development facility’’. Subsec. (a)(2). Pub. L. 118–272, § 2213(a)(1)(B), inserted ‘‘increasing the resilience’’ after ‘‘expansion,’’. Subsec. (b)(1)(A). Pub. L. 118–272, § 2213(a)(2)(A), sub- stituted ‘‘successful establishment, expansion, or re- tention,’’ for ‘‘successful establishment or expansion’’. Subsec. (b)(1)(C). Pub. L. 118–272, § 2213(a)(2)(B), in- serted ‘‘and underemployed’’ after ‘‘unemployed’’. Subsecs. (c), (d). Pub. L. 118–272, § 2213(a)(3), (4), added subsec. (c) and redesignated former subsec. (c) as (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title. Page 5851 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3143 § 3142. Base closings and realignments Notwithstanding any other provision of law, the Secretary may provide to an eligible recipi- ent any assistance available under this sub- chapter for a project to be carried out on a mili- tary 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.) Editorial Notes PRIOR PROVISIONS A prior section 3142, Pub. L. 89–136, title II, § 202, Aug. 26, 1965, 79 Stat. 556; Pub. L. 93–423, § 4(b), Sept. 27, 1974, 88 Stat. 1158; Pub. L. 94–487, title I, §§ 107(c), (d), 108, Oct. 12, 1976, 90 Stat. 2332, authorized business loans and loan guarantees, prior to repeal by Pub. L. 105–393, § 102(a). A prior section 3142–1, Pub. L. 91–596, § 28(d), Dec. 29, 1970, 84 Stat. 1618; Pub. L. 93–237, § 2(c), Jan. 2, 1974, 87 Stat. 1024, which authorized loans for small business compliance with occupational safety and health stand- ards, was omitted from the Code in view of the repeal of subchapter II of this chapter by Pub. L. 105–393. A prior section 3142a, Pub. L. 89–298, title II, § 217, Oct. 27, 1965, 79 Stat. 1088, which authorized purchase of in- debtedness and loans for waterways projects, was trans- ferred to section 2220 of Title 33, Navigation and Navi- gable Waters. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title. § 3143. Grants for planning and grants for admin- istrative 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 admin- istrative expenses of organizations that carry out the planning. (b) Planning process Planning assisted under this subchapter shall be a continuous process involving public offi- cials and private citizens in— (1) analyzing local economies; (2) defining economic development goals; (3) determining project opportunities; and (4) formulating and implementing an eco- nomic development program that includes sys- tematic 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) Administrative expenses Administrative expenses that may be paid with a grant under this section include— (1) expenses related to carrying out the plan- ning process described in subsection (b); (2) expenses related to project predevelopment; (3) expenses related to updating economic development plans to align with other applica- ble State, regional, or local planning efforts; and (4) expenses related to hiring professional staff to assist communities in— (A) project predevelopment and imple- menting projects and priorities included in— (i) a comprehensive economic develop- ment strategy; or (ii) an economic development planning grant; (B) identifying and using other Federal, State, and Tribal economic development programs; (C) leveraging private and philanthropic investment; (D) preparing economic recovery plans in response to disasters; and (E) carrying out economic development and predevelopment activities in accordance with professional economic development best practices. (e) 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 lo- cated 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 eco- nomic development strategy. (3) Coordination Before providing assistance for a State plan under this section, the Secretary shall con- sider the extent to which the State will con- sider 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 in- vestment strategy of a State; (E) promote the use of technology in eco- nomic development, including access to high-speed telecommunications (including broadband); (F) address and mitigate economic impacts of extreme weather; and (G) 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