42 U.S.C. § 6705 — Limitations on use of grants

Page 6879 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6705 (Pub. L. 94–369, title I, § 105, July 22, 1976, 90 Stat. 999.) § 6705. Limitations on use of grants (a) Projects relating to natural watercourse or canals No grant shall be made under section 6702, 6703, or 6704 of this title for any project having as its principal purpose the channelization, dam- ming, diversion, or dredging of any natural wa- tercourse, or the construction or enlargement of any canal (other than a canal or raceway des- ignated for maintenance as an historic site) and having as its permanent effect the channeliza- tion, damming, diversion, or dredging of such watercourse or construction or enlargement of any canal (other than a canal or raceway des- ignated for maintenance as an historic site). (b) Acquisition of interest in real property No part of any grant made under section 6702, 6703, or 6704 of this title shall be used for the ac- quisition of any interest in real property. (c) Maintenance costs Nothing in this chapter shall be construed to authorize the payment of maintenance costs in connection with any projects constructed (in whole or in part) with Federal financial assist- ance under this chapter. (d) Commencement of on-site labor within 90 days of project approval as prerequisite Grants made by the Secretary under this chap- ter shall be made only for projects for which the applicant gives satisfactory assurances, in such manner and form as may be required by the Sec- retary and in accordance with such terms and conditions as the Secretary may prescribe, that, if funds are available, on-site labor can begin within ninety days of project approval. (e) Performance of projects by State or local gov- ernments prohibited; competitive bidding; il- legal aliens (1) No part of the construction (including dem- olition and other site preparation activities), renovation, repair, or other improvement of any public works project for which a grant is made under this chapter after May 13, 1977, shall be performed directly by any department, agency, or instrumentality of any State or local govern- ment. Construction of each such project shall be performed by contract awarded by competitive bidding, unless the Secretary shall affirmatively find that, under the circumstances relating to such project, some other method is in the public interest. Contracts for the construction of each project shall be awarded only on the basis of the lowest responsive bid submitted by a bidder meeting established criteria of responsibility. No requirement or obligation shall be imposed as a condition precedent to the award of a con- tract to such bidder for a project, or to the Sec- retary’s concurrence in the award of a contract to such bidder, unless such requirement or obli- gation is otherwise lawful and is specifically set forth in the advertised specifications. (2) No grant shall be made under this chapter for any local public works project unless the State or local government applying for such grant submits with its application a certifi- cation acceptable to the Secretary that no con- tract will be awarded in connection with such project to any bidder who will employ on such project any alien in the United States in viola- tion of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] or any other law, convention, or treaty of the United States relating to the immigration, exclusion, deportation, or expul- sion of aliens. (f) Use of products made in United States; minor- ity business enterprises (1)(A) Notwithstanding any other provision of law, no grant shall be made under this chapter for any local public works project unless only such unmanufactured articles, materials, and supplies as have been mined or produced in the United States, and only such manufactured arti- cles, materials, and supplies as have been manu- factured in the United States substantially all from articles, materials, and supplies mined, produced, or manufactured, as the case may be, in the United States, will be used in such project. (B) Subparagraph (A) of this paragraph shall not apply in any case where the Secretary deter- mines it to be inconsistent with the public in- terest, or the cost to be unreasonable, or if arti- cles, materials, or supplies of the class or kind to be used or the articles, materials, or supplies from which they are manufactured are not mined, produced, or manufactured, as the case may be, in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. (2) Except to the extent that the Secretary de- termines otherwise, no grant shall be made under this chapter for any local public works project unless the applicant gives satisfactory assurance to the Secretary that at least 10 per centum of the amount of each grant shall be ex- pended for minority business enterprises. For purposes of this paragraph, the term ‘‘minority business enterprise’’ means a business at least 50 per centum of which is owned by minority group members or, in case of a publicly owned busi- ness, at least 51 per centum of the stock of which is owned by minority group members. For the purposes of the preceding sentence, minority group members are citizens of the United States who are Asian American, Native Hawaiian, Pa- cific Islanders, African American, Hispanic, Na- tive American, or Alaska Natives. (g) Accessibility standards for handicapped and elderly No grant shall be made under this chapter for any project for which the applicant does not give assurances satisfactory to the Secretary that the project will be designed and con- structed in accordance with the standards for accessibility for public buildings and facilities to the handicapped and elderly under the Act entitled ‘‘An Act to insure that certain build- ings financed with Federal funds are so designed and constructed as to be accessible to the phys- ically handicapped’’, approved August 12, 1968 (42 U.S.C. 4151 et seq.). The Architectural and Transportation Barriers Compliance Board es- tablished by the Rehabilitation Act of 1973 (P.L. 93–112) [29 U.S.C. 701 et seq.] is authorized to in- sure that any construction and renovation done Page 6880 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6706 1 So in original. Probably should be ‘‘buildings’’. pursuant to any grant made under this chapter complies with the accessibility standards for public bunldings 1 and facilities issued under the Act of August 12, 1968. (Pub. L. 94–369, title I, § 106, July 22, 1976, 90 Stat. 1000; Pub. L. 95–28, title I, § 103, May 13, 1977, 91 Stat. 116; Pub. L. 114–157, § 1(b), May 20, 2016, 130 Stat. 393.) Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in subsec. (e)(2), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. Act of August 12, 1968, entitled ‘‘An Act to insure that certain buildings financed with Federal funds are so designed and constructed as to be accessible to the physically handicapped’’, referred to in subsec. (g), is Pub. L. 90–480, Aug. 12, 1968, 82 Stat. 718, popularly known as the Architectural Barriers Act of 1968, which is classified generally to chapter 51 (§ 4151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4151 of this title and Tables. The Rehabilitation Act of 1973, referred to in subsec. (g), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. AMENDMENTS 2016—Subsec. (f)(2). Pub. L. 114–157 substituted ‘‘Asian American, Native Hawaiian, Pacific Islanders, African American, Hispanic, Native American, or Alaska Na- tives’’ for ‘‘Negroes, Spanish-speaking, Orientals, Indi- ans, Eskimos, and Aleuts’’. 1977—Subsecs. (e) to (g). Pub. L. 95–28 added subsecs. (e) to (g). § 6706. Implementing rules, regulations, and pro- cedures; criteria; employment of disabled and Vietnam-era veterans; determination of applications for grants The Secretary shall, not later than thirty days after July 22, 1976, prescribe those rules, regula- tions, and procedures (including application forms) necessary to carry out this chapter. Such rules, regulations, and procedures shall assure that adequate consideration is given to the rel- ative needs of various sections of the country. The Secretary shall consider among other fac- tors (1) the severity and duration of unemploy- ment in proposed project areas, (2) the income levels and extent of underemployment in pro- posed project area, and (3) the extent to which proposed projects will contribute to the reduc- tion of unemployment. The Secretary, in con- sultation with the Secretary of Labor, and con- sistent with existing applicable collective bar- gaining agreements and practices, shall promul- gate regulations to assure special consideration to the employment in projects under this chap- ter of qualified disabled veterans (as defined in section 4211(1) of title 38) and qualified Vietnam- era veterans (as defined in section 4211(2) of such title 38). The Secretary shall make a final deter- mination with respect to each application for a grant submitted to him under this chapter not later than the sixtieth day after the date he re- ceives such application. Failure to make such final determination within such period shall be deemed to be an approval by the Secretary of the grant requested. For purposes of this sec- tion, in considering the extent of unemployment or underemployment, the Secretary shall con- sider the amount of unemployment or under- employment in the construction and construc- tion-related industries. (Pub. L. 94–369, title I, § 107, July 22, 1976, 90 Stat. 1000; Pub. L. 95–28, title I, § 104, May 13, 1977, 91 Stat. 117; Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title XII, § 1203(c)(3), Nov. 2, 1994, 108 Stat. 4690.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–446, which directed substitution of ‘‘section 4211(2)’’ for ‘‘section 4211(2)(A)’’ and ‘‘section 4211(1)’’ for ‘‘section 2011(1)’’, was executed by sub- stituting ‘‘section 4211(2)’’ for ‘‘section 4211(2)(A)’’. Pre- viously, ‘‘section 4211(1)’’ was substituted for ‘‘section 2011(1)’’ by Pub. L. 103–83. See 1991 Amendment note below. 1991—Pub. L. 102–83 substituted references to section 4211 of title 38 for references to section 2011 of title 38 in two places. 1977—Pub. L. 95–28 inserted provision directing Sec- retary to promulgate regulations to assure special con- sideration to employment in projects of qualified dis- abled veterans and qualified Vietnam-era veterans. § 6707. Priority and amounts of projects (a) Allocation of appropriated funds; Indian tribes and Alaska Native villages; prior appli- cations; unemployment ratio; limits on grants for any one State; territories The Secretary shall allocate funds appro- priated after May 13, 1977, under section 6710 of this title as follows: (1) 21⁄2 per centum of such funds shall be set aside and shall be expended only for grants for public works projects under this chapter to In- dian tribes and Alaska Native villages. None of the remainder of such funds shall be ex- pended for such grants to such tribes and vil- lages. (2) After the set aside required by paragraph (1) of this subsection, $70,000,000 shall be set aside and expended only for grants for any public works project the application for a grant for which was made under this chapter after July 22, 1976, and before December 24, 1976, and which application was not received, was not considered, or was rejected solely be- cause of an error by an officer or employee of the United States. Any allocation made to an applicant pursuant to regulation shall be re- duced by the amount of any grant made to such applicant under this paragraph. (3) After the set asides required by para- graphs (1) and (2) of this subsection, 65 per cen- tum of such funds shall be allocated among the States on the basis of the ratio that the number of unemployed persons in each State bears to the total number of unemployed per- sons in all the States and 35 per centum of