42 U.S.C. § 3162 — Comprehensive economic development

Page 5865 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3162 or high unemployment within a larger commu- nity in less economic distress, shall be eligible for assistance under section 3141 or 3149 of this title without regard to political or other sub- divisions or boundaries. (c) Documentation (1) In general A determination of eligibility under sub- section (a) shall be supported by the most re- cent Federal data available (including data available from the Bureau of Economic Anal- ysis, the Bureau of Labor Statistics, the Cen- sus 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 Devel- opment Administration Reform Act of 1998 shall not be effective after that effective date. (e) Transparency To the extent the Secretary includes neigh- boring counties and communities in an eco- nomic development district in accordance with subsection (a)(3), the Secretary shall submit to Congress, and make publicly available online, a notification describing the justification for such inclusion and detailing the economic indicators of such neighboring counties and communities. (Pub. L. 89–136, title III, § 301, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3607; amended Pub. L. 108–373, title III, § 301, Oct. 27, 2004, 118 Stat. 1767; Pub. L. 118–272, div. B, title II, § 2225, Jan. 4, 2025, 138 Stat. 3191.) Editorial Notes REFERENCES IN TEXT For the effective date of the Economic Development Administration Reform Act of 1998, referred to in sub- sec. (d), see section 105 of Pub. L. 105–393, set out as an Effective Date note under section 3121 of this title. PRIOR PROVISIONS A prior section 3161, Pub. L. 89–136, title IV, § 401, Aug. 26, 1965, 79 Stat. 560; Pub. L. 89–794, title XI, § 1102, Nov. 8, 1966, 80 Stat. 1477; Pub. L. 91–123, title III, § 304, Nov. 25, 1969, 83 Stat. 219; Pub. L. 92–65, title I, § 106, Aug. 5, 1971, 85 Stat. 167; Pub. L. 93–423, §§ 3(a), 6, Sept. 27, 1974, 88 Stat. 1158, 1161; Pub. L. 94–487, title I, §§ 113, 114, Oct. 12, 1976, 90 Stat. 2334, set forth criteria for determining eligible redevelopment areas, prior to repeal by Pub. L. 105–393, § 102(a). A prior section 301 of Pub. L. 89–136 was classified to section 3151 of this title prior to repeal by Pub. L. 105–393, § 102(a). AMENDMENTS 2025—Subsec. (a)(3) to (6). Pub. L. 118–272, § 2225(1), added pars. (3) to (6) and struck out former par. (3). Prior to amendment, text of par. (3) read as follows: ‘‘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 unemploy- ment or economic adjustment problems resulting from severe short-term or long-term changes in economic conditions.’’ Subsec. (e). Pub. L. 118–272, § 2225(2), added subsec. (e). 2004—Subsec. (c)(1). Pub. L. 108–373 inserted ‘‘(includ- ing data available from the Bureau of Economic Anal- ysis, the Bureau of Labor Statistics, the Census Bu- reau, the Bureau of Indian Affairs, or any other Federal source determined by the Secretary to be appropriate)’’ after ‘‘most recent Federal data available’’. 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. § 3162. Comprehensive economic development strategies (a) In general The Secretary may provide assistance under section 3141 or 3149 of this title (except for plan- ning assistance under section 3149 of this title) to an eligible recipient for a project only if the eligible recipient submits to the Secretary, as part of an application for the assistance— (1) an identification of the economic devel- opment problems to be addressed using the as- sistance; (2) an identification of the past, present, and projected future economic development in- vestments in the area receiving the assistance and public and private participants and sources of funding for the investments; and (3)(A) a comprehensive economic develop- ment strategy for addressing the economic problems identified under paragraph (1) in a manner that promotes economic development and opportunity, fosters effective transpor- tation access, maximizes effective develop- ment and use of the workforce consistent with any applicable State or local workforce invest- ment strategy, promotes the use of technology in economic development (including access to high-speed telecommunications), enhances and protects the environment, including to miti- gate and adapt to the economic impacts of ex- treme weather, 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 devel- opment strategy The Secretary shall approve a comprehensive economic development strategy that meets the requirements of subsection (a) to the satisfac- tion of the Secretary. (c) Approval of other plan (1) In general The Secretary may accept as a comprehen- sive economic development strategy a satis- factory plan developed under another federally supported program. (2) Existing strategy To the maximum extent practicable, a plan submitted under this paragraph shall be con- sistent and coordinated with any existing Page 5866 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3171 comprehensive economic development strat- egy for the area. (d) Exception This section shall not apply to grants awarded under section 3147 of this title or grants awarded under section 3149(c)(2) of this title for areas to which more than one comprehensive economic development strategy may apply. (Pub. L. 89–136, title III, § 302, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3608; amended Pub. L. 108–373, title III, § 302, Oct. 27, 2004, 118 Stat. 1767; Pub. L. 118–272, div. B, title II, § 2226, Jan. 4, 2025, 138 Stat. 3191.) Editorial Notes PRIOR PROVISIONS A prior section 3162, 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, required annual review of area eligi- bility, prior to repeal by Pub. L. 105–393, § 102(a). A prior section 302 of Pub. L. 89–136 was classified to section 3151a of this title prior to repeal by Pub. L. 105–393, § 102(a). AMENDMENTS 2025—Subsec. (a)(3)(A). Pub. L. 118–272, § 2226(1), in- serted ‘‘including to mitigate and adapt to the eco- nomic impacts of extreme weather,’’ after ‘‘enhances and protects the environment,’’. Subsec. (d). Pub. L. 118–272, § 2226(2), added subsec. (d). 2004—Subsec. (a)(3)(A). Pub. L. 108–373, § 302(a), in- serted ‘‘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),’’ after ‘‘access,’’. Subsec. (c). Pub. L. 108–373, § 302(b), designated exist- ing provisions as par. (1), inserted heading, and added par. (2). 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 IV—ECONOMIC DEVELOPMENT DISTRICTS § 3171. Designation of economic development dis- tricts (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 re- sources, to foster economic development on a scale involving more than a single area de- scribed in section 3161(a) of this title; (2) the proposed district contains at least 1 area described in section 3161(a) of this title; and (3) the proposed district has a comprehensive economic development strategy that— (A) contains a specific program for intra- district cooperation, self-help, and public in- vestment; and (B) is approved by each affected State and by the Secretary. (b) Authorities The Secretary may, under regulations promul- gated 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 develop- ment groups; and (B) in assisting the district groups in for- mulating comprehensive economic develop- ment strategies for districts; and (3) encourage participation by appropriate local government entities in the economic de- velopment districts. (Pub. L. 89–136, title IV, § 401, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3608.) Editorial Notes PRIOR PROVISIONS A prior section 3171, Pub. L. 89–136, title IV, § 403, Aug. 26, 1965, 79 Stat. 562; Pub. L. 91–304, § 1(d), July 6, 1970, 84 Stat. 375; Pub. L. 92–65, title I, § 108, Aug. 5, 1971, 85 Stat. 167; Pub. L. 93–46, § 4, June 18, 1973, 87 Stat. 96; Pub. L. 93–423, § 7, Sept. 27, 1974, 88 Stat. 1161; Pub. L. 94–487, title I, § 115, Oct. 12, 1976, 90 Stat. 2335; Pub. L. 96–506, § 1(7), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97–35, title XVIII, § 1821(a)(6), Aug. 13, 1981, 95 Stat. 766, au- thorized Secretary to designate economic development districts and centers, prior to repeal by Pub. L. 105–393, § 102(a). A prior section 401 of Pub. L. 89–136 was classified to section 3161 of this title prior to repeal by Pub. L. 105–393, § 102(a). 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. § 3172. Termination or modification of economic development districts The Secretary shall, by regulation, promul- gate standards for the termination or modifica- tion of the designation of economic development districts. (Pub. L. 89–136, title IV, § 402, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3609.) Editorial Notes PRIOR PROVISIONS A prior section 3172, Pub. L. 89–136, title IV, § 404, as added Pub. L. 93–423, § 8, Sept. 27, 1974, 88 Stat. 1162; amended Pub. L. 94–487, title I, § 116, Oct. 12, 1976, 90 Stat. 2335; Pub. L. 96–506, § 1(8), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97–35, title XVIII, § 1821(a)(7), Aug. 13, 1981, 95 Stat. 766, authorized additional appropriations for Indian economic development, prior to repeal by Pub. L. 105–393, § 102(a). A prior section 402 of Pub. L. 89–136 was classified to section 3162 of this title prior to repeal by Pub. L. 105–393, § 102(a).