42 U.S.C. § 3154h — Critical Supply Chain Site Development

Page 5863 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3154h (Pub. L. 89–136, title II, § 220, as added Pub. L. 118–272, div. B, title II, § 2222, Jan. 4, 2025, 138 Stat. 3187.) § 3154g. High-speed broadband deployment ini- tiative (a) Definitions In this section: (1) Broadband project The term ‘‘broadband project’’ means, for the purposes of providing, extending, expand- ing, or improving high-speed broadband serv- ice to further the goals of this chapter— (A) planning, technical assistance, or training; (B) the acquisition or development of land; or (C) the acquisition, design and engineer- ing, construction, rehabilitation, alteration, expansion, or improvement of facilities, in- cluding related machinery, equipment, con- tractual rights, and intangible property. (2) Eligible recipient (A) In general The term ‘‘eligible recipient’’ means an el- igible recipient. (B) Inclusions The term ‘‘eligible recipient’’ includes— (i) a public-private partnership; and (ii) a consortium formed for the purpose of providing, extending, expanding, or im- proving high-speed broadband service be- tween 1 or more eligible recipients and 1 or more for-profit organizations. (3) High-speed broadband The term ‘‘high-speed broadband’’ means the provision of 2-way data transmission with suf- ficient downstream and upstream speeds to end users to permit effective participation in the economy and to support economic growth, as determined by the Secretary. (b) Broadband projects (1) In general On the application of an eligible recipient, the Secretary may make grants under this subchapter for broadband projects, which shall be subject to the provisions of this section. (2) Considerations In reviewing applications submitted under paragraph (1), the Secretary shall take into consideration geographic diversity of grants provided, including consideration of under- served markets, in addition to data requested in paragraph (3). (3) Data requested In reviewing an application submitted under paragraph (1), the Secretary shall request from the Federal Communications Commis- sion, the Administrator of the National Tele- communications and Information Administra- tion, the Secretary of Agriculture, and the Ap- palachian Regional Commission data on— (A) the level and extent of broadband serv- ice that exists in the area proposed to be served; and (B) the level and extent of broadband serv- ice that will be deployed in the area pro- posed to be served pursuant to another Fed- eral program. (4) Interest in real or personal property For any broadband project carried out by an eligible recipient that is a public-private part- nership or consortium, the Secretary shall re- quire that title to any real or personal prop- erty acquired or improved with grant funds, or if the recipient will not acquire title, another possessory interest acceptable to the Sec- retary, be vested in a public partner or eligible nonprofit organization or association for the useful life of the project, after which title may be transferred to any member of the public- private partnership or consortium in accord- ance with regulations promulgated by the Sec- retary. (5) Procurement Notwithstanding any other provision of law, no person or entity shall be disqualified from competing to provide goods or services related to a broadband project on the basis that the person or entity participated in the develop- ment of the broadband project or in the draft- ing of specifications, requirements, state- ments of work, or similar documents related to the goods or services to be provided. (6) Broadband project property (A) In general The Secretary may permit a recipient of a grant for a broadband project to grant an op- tion to acquire real or personal property (in- cluding contractual rights and intangible property) related to that project to a third party on such terms as the Secretary deter- mines to be appropriate, subject to the con- dition that the option may only be exercised after the Secretary releases the Federal in- terest in the property. (B) Treatment The grant or exercise of an option de- scribed in subparagraph (A) shall not con- stitute a redistribution of grant funds under section 3154c of this title. (c) Non-Federal share In determining the amount of the non-Federal share of the cost of a broadband project, the Secretary may provide credit toward the non- Federal share for the present value of allowable contributions over the useful life of the broadband project, subject to the condition that the Secretary may require such assurances of the value of the rights and of the commitment of the rights as the Secretary determines to be appropriate. (Pub. L. 89–136, title II, § 221, as added Pub. L. 118–272, div. B, title II, § 2223, Jan. 4, 2025, 138 Stat. 3188.) § 3154h. Critical Supply Chain Site Development grant program (a) In general On the application of an eligible recipient, the Secretary may make grants under the ‘‘Critical Page 5864 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3161 Supply Chain Site Development grant program’’ (referred to in this section as the ‘‘grant pro- gram’’) to carry out site development or expan- sion projects for the purpose of making the site ready for manufacturing projects. (b) Considerations In providing a grant to an eligible recipient under the grant program, the Secretary may consider whether— (1) the proposed improvements to the site will improve economic conditions for rural areas, Tribal communities, or areas that meet 1 or more of the criteria described in section 3161(a) of this title; (2) the project is consistent with regional economic development plans, which may in- clude a comprehensive economic development strategy; (3) the eligible recipient has initiatives to prioritize job training and workforce develop- ment; and (4) the project supports industries deter- mined by the Secretary to be of strategic im- portance to the national or economic security of the United States. (c) Priority In awarding grants to eligible recipients under the grant program, the Secretary shall give pri- ority to eligible recipients that propose to carry out a project that— (1) has State, local, private, or nonprofit funds being contributed to assist with site de- velopment efforts; and (2) if the site development or expansion project is carried out, will result in a dem- onstrated interest in the site by commercial entities or other entities. (d) Use of funds A grant provided under the grant program may be used for the following activities relating to the development or expansion of a site: (1) Investments in site utility readiness, in- cluding— (A) construction of on-site utility infra- structure; (B) construction of last-mile infrastruc- ture, including road infrastructure, water in- frastructure, power infrastructure, broadband infrastructure, and other physical last-mile infrastructure; (C) site grading; and (D) other activities to extend public utili- ties or services to a site, as determined ap- propriate by the Secretary. (2) Investments in site readiness, including— (A) land assembly; (B) environmental reviews; (C) zoning; (D) design; (E) engineering; and (F) permitting. (3) Investments in workforce development and sustainability programs, including job training and retraining programs. (4) Investments to ensure that disadvantaged communities have access to on-site jobs. (e) Prohibition (1) In general Subject to paragraph (2), in awarding grants under the grant program, the Secretary shall not require an eligible recipient to dem- onstrate that a private company or invest- ment has selected the site for development or expansion. (2) Safeguards In awarding grants under the grant program, the Secretary shall include necessary safe- guards to ensure that— (A) the site development is fully completed within a reasonable timeframe; and (B) the eligible recipient has sufficiently demonstrated private sector interest. (Pub. L. 89–136, title II, § 222, as added Pub. L. 118–272, div. B, title II, § 2224, Jan. 4, 2025, 138 Stat. 3189.) SUBCHAPTER III—ELIGIBILITY; COM- PREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES § 3161. Eligibility of areas (a) In general For a project to be eligible for assistance under section 3141 or 3149 of this title, the project shall be located in an area that, on the date of submission of the application, meets 1 or more of the following criteria: (1) Low per capita income The area has a per capita income of 80 per- cent 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, underemployment, or eco- nomic adjustment problems The area is an area that the Secretary deter- mines has experienced or is about to experi- ence a special need arising from actual or threatened severe unemployment, under- employment, or economic adjustment prob- lems resulting from severe short-term or long- term changes in economic conditions. (4) Low median household income The area has a median household income of 80 percent or less of the national average. (5) Workforce participation The area has— (A) a labor force participation rate of 90 percent or less of the national average; or (B) a prime-age employment gap of 5 per- cent or more. (6) Expected economic dislocation and distress from energy industry transitions The area is an area that is expected to expe- rience actual or threatened severe unemploy- ment or economic adjustment problems result- ing from severe short-term or long-term changes in economic conditions from energy industries that are experiencing accelerated contraction. (b) Political boundaries of areas An area that meets 1 or more of the criteria of subsection (a), including a small area of poverty