42 U.S.C. § 3144 — Cost sharing

Page 5852 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3144 shall submit to the Secretary an annual report on the planning process assisted under this subsection. (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; Pub. L. 118–272, div. B, title II, § 2214, Jan. 4, 2025, 138 Stat. 3180.) Editorial Notes PRIOR PROVISIONS A prior section 3143, Pub. L. 89–136, title II, § 203, Aug. 26, 1965, 79 Stat. 558; Pub. L. 94–273, § 2(25), Apr. 21, 1976, 90 Stat. 376, directed deposit of funds into Economic Development Revolving Fund, prior to repeal by Pub. L. 105–393, § 102(a). AMENDMENTS 2025—Subsecs. (d), (e). Pub. L. 118–272, § 2214(1), (2), added subsec. (d) and redesignated former subsec. (d) as (e). Subsec. (e)(4)(E). Pub. L. 118–272, § 2214(3)(A), sub- stituted ‘‘(including broadband);’’ for ‘‘; and’’. Subsec. (e)(4)(F), (G). Pub. L. 118–272, § 2214(3)(B), (C), added subpar. (F) and redesignated former subpar. (F) as (G). 2004—Subsec. (d)(1). Pub. L. 108–373, § 201(1), inserted ‘‘, to the maximum extent practicable,’’ after ‘‘shall be developed’’. Subsec. (d)(3). Pub. L. 108–373, § 201(2), added par. (3) and struck out heading and text of former par. (3). Text read as follows: ‘‘On completion of a State plan devel- oped with assistance under this section, the State shall— ‘‘(A) certify to the Secretary that, in the develop- ment of the State plan, local and economic develop- ment district plans were considered and, to the max- imum extent practicable, the State plan is consistent with the local and economic development district plans; and ‘‘(B) identify any inconsistencies between the State plan and the local and economic development district plans and provide a justification for each inconsist- ency.’’ Subsec. (d)(4)(D) to (F). Pub. L. 108–373, § 201(3), added subpars. (D) and (E) and redesignated former subpar. (D) as (F). 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. § 3144. Cost sharing (a) Federal share Except as provided in subsection (c), the Fed- eral share of the cost of any project carried out under this subchapter shall not exceed— (1) 60 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 (1) In general In determining the amount of the non-Fed- eral share of the cost of a project, the Sec- retary may provide credit toward the non-Fed- eral share for all contributions both in cash and in-kind, fairly evaluated, including con- tributions of space, equipment, assumptions of debt, and services. (2) Regional Commission funds Notwithstanding any other provision of law, any funds contributed by a Regional Commis- sion for a project under this subchapter may be considered to be part of the non-Federal share of the costs of the project. (c) Increase in Federal share (1) Indian tribes In the case of a grant to an Indian tribe for a project under this subchapter, the Secretary may increase the Federal share above the per- centage specified in subsection (a) up to 100 percent of the cost of the project. (2) Certain States, political subdivisions, and nonprofit organizations In the case of a grant to a State, or a polit- ical subdivision of a State, that the Secretary determines has exhausted the effective taxing and borrowing capacity of the State or polit- ical subdivision or can otherwise document that no local matching funds are reasonably obtainable, or in the case of a grant to a non- profit organization that the Secretary deter- mines has exhausted the effective borrowing capacity of the nonprofit organization, the Secretary may increase the Federal share above the percentage specified in subsection (a) up to 100 percent of the cost of the project. (3) Training, research, and technical assistance In the case of a grant provided under section 3143 or 3147 of this title, the Secretary may in- crease the Federal share above the percentage specified in subsection (a) up to 100 percent of the cost of the project. (4) Small communities In the case of a grant to a political subdivi- sion of a State (as described in section 3122(6)(A)(iv) of this title) that has a popu- lation of fewer than 10,000 residents and meets 1 or more of the eligibility criteria described in section 3161(a) of this title, the Secretary may increase the Federal share under para- graph (1) up to 100 percent of the total cost of the project. (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; Pub. L. 118–272, div. B, title II, § 2215, Jan. 4, 2025, 138 Stat. 3181.) Editorial Notes PRIOR PROVISIONS A prior section 3144, Pub. L. 89–136, title II, § 204, as added Pub. L. 94–487, title I, § 109, Oct. 12, 1976, 90 Stat. 2333; amended Pub. L. 96–470, title I, § 201(d), Oct. 19, 1980, 94 Stat. 2241; Pub. L. 96–506, § 1(4), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97–35, title XVIII, § 1821(a)(3), Aug. 13, 1981, 95 Stat. 766, authorized interest free loans to carry out approved redevelopment area plans, prior to repeal by Pub. L. 105–393, § 102(a). AMENDMENTS 2025—Subsec. (a)(1). Pub. L. 118–272, § 2215(1), sub- stituted ‘‘60’’ for ‘‘50’’. Page 5853 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3145 Subsec. (b). Pub. L. 118–272, § 2215(2), designated exist- ing provisions as par. (1), inserted heading, and added par. (2). Subsec. (c)(2). Pub. L. 118–272, § 2215(3)(A), inserted ‘‘or can otherwise document that no local matching funds are reasonably obtainable’’ after ‘‘or political subdivi- sion’’. Subsec. (c)(3). Pub. L. 118–272, § 2215(3)(B), substituted ‘‘section 3143 or 3147 of this title’’ for ‘‘section 3147 of this title’’ and ‘‘project.’’ for ‘‘project if the Secretary determines that the project funded by the grant merits, and is not feasible without, such an increase.’’ Subsec. (c)(4). Pub. L. 118–272, § 2215(3)(C), added par. (4). 2004—Subsec. (a). Pub. L. 108–373, § 202(a), added sub- sec. (a) and struck out heading and text of former sub- sec. (a). Text read as follows: ‘‘Subject to section 3145 of this title, the amount of a grant for a project under this subchapter shall not exceed 50 percent of the cost of the project.’’ Subsec. (b). Pub. L. 108–373, § 202(b), inserted ‘‘assump- tions of debt,’’ after ‘‘equipment,’’. Subsec. (c). Pub. L. 108–373, § 202(c), added subsec. (c). 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. § 3145. Supplementary grants (a) Definition of designated Federal grant pro- gram In this section, the term ‘‘designated Federal grant program’’ means any Federal grant pro- gram 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 sub- chapter; and (B) consistent with a comprehensive eco- nomic development strategy. (b) Supplementary grants Subject to subsection (c), in order to assist eli- gible recipients in taking advantage of des- ignated Federal grant programs, on the applica- tion of an eligible recipient, the Secretary may make a supplementary grant for a project for which the recipient is eligible but for which the recipient cannot provide the required non-Fed- eral share because of the economic situation of the recipient. (c) Requirements applicable to supplementary grants (1) Amount of supplementary grants The share of the project cost supported by a supplementary grant under this section may not exceed the applicable Federal share under section 3144 of this title. (2) Form of supplementary grants The Secretary shall make supplementary grants by— (A) the payment of funds made available under this chapter to the heads of the Fed- eral agencies responsible for carrying out the applicable Federal programs; or (B) the award of funds under this chapter, which will be combined with funds trans- ferred from other Federal agencies in projects administered by the Secretary. (3) Federal share limitations specified in other laws Notwithstanding any requirement as to the amount or source of non-Federal funds that may be applicable to a Federal program, funds provided under this section may be used to in- crease the Federal share for specific projects under the program that are carried out in areas described in section 3161(a) of this title above the Federal share of the cost of the project authorized by the law governing the program. (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.) Editorial Notes AMENDMENTS 2004—Subsec. (b). Pub. L. 108–373, § 203(a), added sub- sec. (b) and struck out heading and text of former sub- sec. (b). Text read as follows: ‘‘(1) IN GENERAL.—On the application of an eligible re- cipient, the Secretary may make a supplementary grant for a project for which the eligible recipient is el- igible but, because of the eligible recipient’s economic situation, for which the eligible recipient cannot pro- vide the required non-Federal share. ‘‘(2) PURPOSES OF GRANTS.—Supplementary grants under paragraph (1) may be made for purposes that shall include enabling eligible recipients to use— ‘‘(A) designated Federal grant programs; and ‘‘(B) direct grants authorized under this sub- chapter.’’ Subsec. (c)(1), (2). Pub. L. 108–373, § 203(b)(1), added pars. (1) and (2) and struck out former pars. (1) and (2), which read as follows: ‘‘(1) AMOUNT OF SUPPLEMENTARY GRANTS.—Subject to paragraph (4), the amount of a supplementary grant under this subchapter for a project shall not exceed the applicable percentage of the cost of the project estab- lished by regulations promulgated by the Secretary, ex- cept that the non-Federal share of the cost of a project (including assumptions of debt) shall not be less than 20 percent. ‘‘(2) FORM OF SUPPLEMENTARY GRANTS.—In accordance with such regulations as the Secretary may promul- gate, the Secretary shall make supplementary grants by increasing the amounts of grants authorized under this subchapter or by the payment of funds made avail- able under this chapter to the heads of the Federal agencies responsible for carrying out the applicable Federal programs.’’ Subsec. (c)(4). Pub. L. 108–373, § 203(b)(2), struck out heading and text of par. (4). Text read as follows: ‘‘(A) INDIAN TRIBES.—In the case of a grant to an In- dian tribe, the Secretary may reduce the non-Federal share below the percentage specified in paragraph (1) or may waive the non-Federal share. ‘‘(B) CERTAIN STATES, POLITICAL SUBDIVISIONS, AND NONPROFIT ORGANIZATIONS.—In the case of a grant to a State, or a political subdivision of a State, that the Secretary determines has exhausted its effective taxing and borrowing capacity, or in the case of a grant to a nonprofit organization that the Secretary determines has exhausted its effective borrowing capacity, the Sec- retary may reduce the non-Federal share below the per- centage specified in paragraph (1).’’