§3122. Definitions — Inbound Citations
42 U.S.C. § 3122
Cited by 483 provisions in release 119-102.
Citations to 42 U.S.C. § 3122 as a whole
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(G) an economic development district (as defined in section 3122 of title 42); and
Citations to §3122(1)
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(8) promote blue economy activities.
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(5) the loss of manufacturing, travel and tourism, natural resource-based, blue economy, or agricultural jobs, for reinvesting in and diversifying the economies of the communities;
Citations to §3122(2)
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(E) promote local and regional capacity building; and
Citations to §3122(3)
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(2) local communities should work in partnership with neighboring communities, the States, Indian tribes, and the Federal Government to increase the capacity of the local communities to develop and implement comprehensive economic development strategies to alleviate economic distress and enhance competitiveness in the global economy;
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(a) In providing assistance under this subchapter, the Secretary shall cooperate with States and other entities to ensure that, consistent with national objectives, Federal programs are compatible with and further the objectives of State, regional, and local economic development plans and comprehensive economic development strategies.
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(a) The Secretary shall coordinate activities relating to the preparation and implementation of comprehensive economic development strategies under this chapter with Federal agencies carrying out other Federal programs, States, economic development districts, Indian tribes, and other appropriate planning and development organizations.
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(3) the area for which the project is to be carried out has a comprehensive economic development strategy and the project is consistent with the strategy.
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(2) As a condition of receipt of assistance for a State plan under this subsection, the State shall have or develop a comprehensive economic development strategy.
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(B) consistent with a comprehensive economic development strategy.
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(B) collaborate with economic development districts and other relevant Federal economic development technical assistance and service providers to provide expertise and technical assistance to develop, implement, and support comprehensive economic development strategies and other economic development planning at the local, regional, and State levels, with a focus on innovation, entrepreneurship, workforce development, and regional economic development;
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(2) the area for which a project is to be carried out has a comprehensive economic development strategy and the project is consistent with the strategy, except that this paragraph shall not apply to planning projects.
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(1) the modified project meets the requirements of this subchapter and is consistent with the comprehensive economic development strategy submitted as part of the application for the grant; and
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(2) the project is consistent with the comprehensive economic development strategy of the district;
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(4) the project was completed in accordance with the comprehensive economic development strategy of the district.
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(2) the project is consistent with regional economic development plans, which may include a comprehensive economic development strategy;
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(A) a comprehensive economic development strategy for addressing the economic problems identified under paragraph (1) in a manner that promotes economic development and opportunity, fosters effective transportation access, 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), enhances and protects the environment, including to mitigate and adapt to the economic impacts of extreme weather, and balances resources through sound management of development; and
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(b) The Secretary shall approve a comprehensive economic development strategy that meets the requirements of subsection (a) to the satisfaction of the Secretary.
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(1) The Secretary may accept as a comprehensive economic development strategy a satisfactory plan developed under another federally supported program.
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(2) To the maximum extent practicable, a plan submitted under this paragraph shall be consistent and coordinated with any existing comprehensive economic development strategy for the area.
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(d) 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.
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(3) the proposed district has a comprehensive economic development strategy that—(A) contains a specific program for intra-district cooperation, self-help, and public investment; and
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(B) in assisting the district groups in formulating comprehensive economic development strategies for districts; and
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If any part of an economic development district is in a region covered by 1 or more of the Regional Commissions, the economic development district shall ensure that a copy of the comprehensive economic development strategy of the district is provided to the affected Regional Commission.
Citations to §3122(4)
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Notwithstanding any other provision of law, the Secretary may provide to an eligible recipient any assistance available under this subchapter for a project to be carried out on a military 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.
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(1) provide research and technical assistance through officers or employees of the Department;
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(1) military base closures or realignments, defense contractor reductions in force, or Department of Energy defense-related funding reductions, for help in diversifying their economies through projects to be carried out on Federal Government installations or elsewhere in the communities;
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(c) The Assistant Secretary of Commerce for Economic Development shall carry out such duties as the Secretary shall require and shall serve as the administrator of the Economic Development Administration of the Department.
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(d) The Secretary shall establish a publicly facing website to help provide a comprehensive, single source of information for Indian tribes, Tribal leaders, Tribal businesses, and citizens in Tribal communities to better understand and access programs that support economic development in Tribal communities, including the economic development programs administered by Federal agencies or departments other than the Department.
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(1) As soon as practicable after January 4, 2025, the Secretary shall establish a disaster team (referred to in this section as the “disaster team”) for the deployment of individuals to carry out responsibilities of the Office of Disaster Recovery and Resilience after a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and the Department has been activated by the Federal Emergency Management Agency.
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(ii) employees of the Department who are not employees of the Economic Development Administration; and
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(A) officers or employees of the Department;
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(A) served as an officer, attorney, agent, or employee of the Department; and
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(1) maintain as a permanent part of the records of the Department a list of applications approved for financial assistance under this chapter; and
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(2) make the list available for public inspection during the regular business hours of the Department.
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(b) The Secretary, the Inspector General of the Department, and the Comptroller General of the United States, or any duly authorized representative, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that relate to assistance received under this chapter.
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(b) Funds made available under subsection (a) may be used for activities including pilot projects for privatization of, and economic development activities for, closed or realigned military or Department of Energy installations.
Citations to §3122(5)(A)
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(a) The Secretary shall coordinate activities relating to the preparation and implementation of comprehensive economic development strategies under this chapter with Federal agencies carrying out other Federal programs, States, economic development districts, Indian tribes, and other appropriate planning and development organizations.
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(1) To carry out subsection (a), or for any other purpose relating to economic development activities, the Secretary may convene meetings with Federal agencies, State and local governments, economic development districts, Indian tribes, and other appropriate planning and development organizations.
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(1) 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 located wholly or partially in the State.
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(3) Before providing assistance for a State plan under this section, the Secretary shall consider the extent to which the State will consider local and economic development district plans.
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(B) collaborate with economic development districts and other relevant Federal economic development technical assistance and service providers to provide expertise and technical assistance to develop, implement, and support comprehensive economic development strategies and other economic development planning at the local, regional, and State levels, with a focus on innovation, entrepreneurship, workforce development, and regional economic development;
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(a) The Secretary may make a planning performance award in connection with a grant made, on or after October 27, 2004, to an eligible recipient for a project under this subchapter located in an economic development district.
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(1) the recipient actively participated in the economic development activities of the economic development district in which the project is located;
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(e) To the extent the Secretary includes neighboring counties and communities in an economic 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.
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(a) 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 resources, to foster economic development on a scale involving more than a single area described 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 investment; and
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(1) invite the States to determine boundaries for proposed economic development districts;
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(3) encourage participation by appropriate local government entities in the economic development districts.
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The Secretary shall, by regulation, promulgate standards for the termination or modification of the designation of economic development districts.
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If any part of an economic development district is in a region covered by 1 or more of the Regional Commissions, the economic development district shall ensure that a copy of the comprehensive economic development strategy of the district is provided to the affected Regional Commission.
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Notwithstanding section 3161 of this title, the Secretary may provide such assistance as is available under this chapter for a project in a part of an economic development district that is not in an area described in section 3161(a) of this title, if the project will be of a substantial direct benefit to an area described in section 3161(a) of this title that is located in the district.
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(a) The Secretary shall conduct an evaluation of each university center and each economic development district that receives grant assistance under this chapter (each referred to in this section as a “grantee”) to assess the grantee’s performance and contribution toward retention and creation of employment.
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(3) The criteria for evaluation of an economic development district shall, at a minimum, provide for an assessment of management standards, financial accountability, and program performance.
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(e) In conducting an evaluation of a university center or economic development district under subsection (a), the Secretary shall provide for the participation of at least 1 other university center or economic development district, as appropriate, on a cost-reimbursement basis.
Citations to §3122(6)(A)
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(a) 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, public service, or development facility or for the improvement of waste management and recycling systems; and(2) acquisition, design and engineering, construction, rehabilitation, alteration, expansion, increasing the resilience1 or improvement of such a facility, including related machinery and equipment.
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Notwithstanding any other provision of law, the Secretary may provide to an eligible recipient any assistance available under this subchapter for a project to be carried out on a military 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.
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(a) On the application of an eligible recipient, the Secretary may make grants to pay the costs of economic development planning and the administrative expenses of organizations that carry out the planning.
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(b) Subject to subsection (c), in order to assist eligible recipients in taking advantage of designated Federal grant programs, on the application 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-Federal share because of the economic situation of the recipient.
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(1) On the application of an eligible recipient, the Secretary may make grants for training, research, and technical assistance, including grants for program evaluation and economic impact analyses, that would be useful in alleviating or preventing conditions of excessive unemployment or underemployment.
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(a) On the application of an eligible recipient, the Secretary may make grants for development of public facilities, public services, business development (including funding of a revolving loan fund), planning, technical assistance, training, and any other assistance to alleviate long-term economic deterioration and sudden and severe economic dislocation and further the economic adjustment objectives of this subchapter.
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(2) On the application of an eligible recipient, the Secretary may make grants for projects in areas adversely impacted by a contraction event in the coal economy.
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(A) In carrying out this subsection, the Secretary shall determine the eligibility of an area based on whether the eligible recipient can reasonably demonstrate that the area—(i) has been adversely impacted by a contraction event in the coal economy within the previous 25 years; or(ii) will be adversely impacted by a contraction event in the coal economy.
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(B) No regulation or other policy of the Secretary may limit the eligibility of an eligible recipient for a grant under this subsection based on the date of a contraction event except as provided in subparagraph (A)(i).
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(C) For the purposes of this paragraph, an eligible recipient may demonstrate an adverse impact by demonstrating—(i) a loss in employment;(ii) a reduction in tax revenue; or(iii) any other factor, as determined to be appropriate by the Secretary.
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(E) The term “nuclear host community” means an eligible recipient that has been economically impacted, or reasonably demonstrates to the satisfaction of the Secretary that it will be economically impacted, by a nuclear power plant licensed by the Commission that—(i) is not co-located with an operating nuclear power plant;(ii) is at a site with spent nuclear fuel; and(iii) as of January 4, 2025—(I) has ceased operations; or(II) has provided a written notification to the Commission that it will cease operations.
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(2) On the application of an eligible recipient, the Secretary may make grants—(A) to assist with economic development in nuclear host communities; and(B) to fund community advisory boards in nuclear host communities.
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(a) On the application of an eligible recipient that is determined by the Secretary to be unable to comply with the requirements of section 3162 of this title, the Secretary may waive, in whole or in part, the requirements of section 3162 of this title and designate the area represented by the recipient as a special impact area.
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(a) The Secretary may make a planning performance award in connection with a grant made, on or after October 27, 2004, to an eligible recipient for a project under this subchapter located in an economic development district.
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(b) The Secretary may make a planning performance award to an eligible recipient under subsection (a) in connection with a grant for a project if the Secretary determines before closeout of the project that—(1) the recipient actively participated in the economic development activities of the economic development district in which the project is located;(2) the project is consistent with the comprehensive economic development strategy of the district;(3) the recipient worked with Federal, State, and local economic development entities throughout the development of the project; and(4) the project was completed in accordance with the comprehensive economic development strategy of the district.
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(a) Subject to subsection (b), a recipient of a grant under section 3141, 3143, or 3147 of this title may directly expend the grant funds or may redistribute the funds in the form of a subgrant to other eligible recipients to fund required components of the scope of work approved for the project.
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(b) On the application of an eligible recipient, the Secretary may make a grant for a project for the development of a renewable energy site if the Secretary determines that the project will—(1) use 1 or more renewable energy technologies described in subsection (a), to develop abandoned or contaminated sites for commercial use; and(2) improve the commercial and economic opportunities in the area in which the project is located.
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(a) On the application of an eligible recipient, the Secretary may make grants to support the development and expansion of innovative workforce training programs through sectoral partnerships leading to quality jobs and the acquisition of equipment or construction of facilities to support workforce development activities.
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(6) in the case of an eligible recipient that is a State, subject to subsection (c), a State program to support individual trainees for employment in critical industries with high demand and vacancies necessary for further economic development of the applicable State that—(A) requires significant post-secondary training; but(B) does not require a post-secondary degree.
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(a) In the case of a project described in subsection (b), the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives notice, in accordance with subsection (c), of the award of a grant for the project not less than 3 business days before notifying an eligible recipient of their selection for that award.
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(A) The term “eligible recipient” means an eligible recipient.
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(B) The term “eligible recipient” includes—(i) a public-private partnership; and(ii) a consortium formed for the purpose of providing, extending, expanding, or improving high-speed broadband service between 1 or more eligible recipients and 1 or more for-profit organizations.
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(ii) a consortium formed for the purpose of providing, extending, expanding, or improving high-speed broadband service between 1 or more eligible recipients and 1 or more for-profit organizations.
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(1) 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.
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(4) For any broadband project carried out by an eligible recipient that is a public-private partnership or consortium, the Secretary shall require that title to any real or personal property acquired or improved with grant funds, or if the recipient will not acquire title, another possessory interest acceptable to the Secretary, 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 accordance with regulations promulgated by the Secretary.
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(a) On the application of an eligible recipient, the Secretary may make grants under the “Critical Supply Chain Site Development grant program” (referred to in this section as the “grant program”) to carry out site development or expansion projects for the purpose of making the site ready for manufacturing projects.
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(b) 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 include a comprehensive economic development strategy;(3) the eligible recipient has initiatives to prioritize job training and workforce development; and(4) the project supports industries determined by the Secretary to be of strategic importance to the national or economic security of the United States.
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(3) the eligible recipient has initiatives to prioritize job training and workforce development; and
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(c) In awarding grants to eligible recipients under the grant program, the Secretary shall give priority 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 development efforts; and(2) if the site development or expansion project is carried out, will result in a demonstrated interest in the site by commercial entities or other entities.
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(1) Subject to paragraph (2), in awarding grants under the grant program, the Secretary shall not require an eligible recipient to demonstrate that a private company or investment has selected the site for development or expansion.
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(B) the eligible recipient has sufficiently demonstrated private sector interest.
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(a) The Secretary may provide assistance under section 3141 or 3149 of this title (except for planning 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 development problems to be addressed using the assistance;(2) an identification of the past, present, and projected future economic development investments in the area receiving the assistance and public and private participants and sources of funding for the investments; and(A) a comprehensive economic development strategy for addressing the economic problems identified under paragraph (1) in a manner that promotes economic development and opportunity, fosters effective transportation access, 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), enhances and protects the environment, including to mitigate and adapt to the economic impacts of extreme weather, and balances resources through sound management of development; and(B) a description of how the strategy will solve the problems.
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(1) work in coordination with an Economic Development Representative to provide technical assistance, in addition to technical assistance under section 3147 of this title, to eligible recipients that are underresourced communities, as determined by the Technical Assistance Liaison, that submit applications for assistance under subchapter II; and
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(2) at the request of an eligible recipient that submitted an application for assistance under subchapter II, provide technical feedback on unsuccessful grant applications.
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(c) The Secretary may enter into a contract or cooperative agreement with an eligible recipient for the purpose of providing technical assistance to eligible recipients that are underresourced communities that have submitted or may submit an application for assistance under this chapter.
Citations to §3122(6)(A)(iv)
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(4) In the case of a grant to a political subdivision of a State (as described in section 3122(6)(A)(iv) of this title) that has a population 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 paragraph (1) up to 100 percent of the total cost of the project.
Citations to §3122(6)(A)(vi)
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(3) In the case of a project assisted under this section that is national or regional in scope, the Secretary may waive the provision in section 3122(6)(A)(vi) of this title requiring a nonprofit organization or association to act in cooperation with officials of a political subdivision of a State.
Citations to §3122(7)
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In accordance with applicable laws and subject to the availability of appropriations, each Federal agency shall exercise its powers, duties and functions, and shall cooperate with the Secretary, in such manner as will assist the Secretary in carrying out this subchapter.
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(a) The Secretary shall coordinate activities relating to the preparation and implementation of comprehensive economic development strategies under this chapter with Federal agencies carrying out other Federal programs, States, economic development districts, Indian tribes, and other appropriate planning and development organizations.
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(1) To carry out subsection (a), or for any other purpose relating to economic development activities, the Secretary may convene meetings with Federal agencies, State and local governments, economic development districts, Indian tribes, and other appropriate planning and development organizations.
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(A) the payment of funds made available under this chapter to the heads of the Federal agencies responsible for carrying out the applicable Federal programs; or
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(B) the award of funds under this chapter, which will be combined with funds transferred from other Federal agencies in projects administered by the Secretary.
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(2) pay funds made available to carry out this section to Federal agencies; or
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(c) In the case of excess funds described in subsection (a) in projects using funds transferred from other Federal agencies pursuant to section 3214 of this title, the Secretary shall—(1) use the funds in accordance with subsection (a), with the approval of the originating agency; or(2) return the funds to the originating agency.
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(4) obtain appropriate information from other Federal agencies needed to carry out the duties under this chapter.
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(b) The Secretary may provide for such consultation with interested Federal agencies as the Secretary determines to be appropriate in the performance of the duties of the Secretary under this chapter.
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(3) to coordinate Tribal economic development strategies and efforts with other Federal agencies; and
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(d) The Secretary shall establish a publicly facing website to help provide a comprehensive, single source of information for Indian tribes, Tribal leaders, Tribal businesses, and citizens in Tribal communities to better understand and access programs that support economic development in Tribal communities, including the economic development programs administered by Federal agencies or departments other than the Department.
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(iii) in consultation with the heads of other Federal agencies, employees of those agencies, as appropriate.
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(A) use, with or without reimbursement, any service, equipment, personnel, or facility of any Federal agency with the explicit support of that agency, to the extent such use does not impair or conflict with the authority of the President or the Administrator of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) to direct Federal agencies in any major disaster or emergency declared under that Act; and
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(4) request directly, from any Federal agency, board, commission, office, or independent establishment, such information, suggestions, estimates, and statistics as the Secretary determines to be necessary to carry out this chapter (and each Federal agency, board, commission, office, or independent establishment may provide such information, suggestions, estimates, and statistics directly to the Secretary);
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(1) delegate to the heads of other Federal agencies such functions, powers, and duties of the Secretary under this chapter as the Secretary determines to be appropriate; and
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(b) Funds authorized to be appropriated to carry out this chapter may be transferred between Federal agencies, if the funds are used for the purposes for which the funds are specifically authorized and appropriated.
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(1) Subject to paragraph (2), for the purposes of this chapter, the Secretary may accept transfers of funds from other Federal agencies if the funds are used for the purposes for which (and in accordance with the terms under which) the funds are specifically authorized and appropriated.
Citations to §3122(8)
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(a) 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, public service, or development facility or for the improvement of waste management and recycling systems; and(2) acquisition, design and engineering, construction, rehabilitation, alteration, expansion, increasing the resilience1 or improvement of such a facility, including related machinery and equipment.
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(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 unemployed 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 development strategy and the project is consistent with the strategy.
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(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 unemployed and underemployed and members of low-income families;
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(c) In awarding grants under subsection (a) and subject to the criteria in subsection (b), the Secretary 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 development 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 economic development, with a focus on rural communities;(6) promote job creation or retention relative to the population of the impacted region with outsized significance;(7) promote travel and tourism; or(8) promote blue economy activities.
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(a) On the application of an eligible recipient, the Secretary may make grants to pay the costs of economic development planning and the administrative expenses of organizations that carry out the planning.
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(d) Administrative expenses that may be paid with a grant under this section include—(1) expenses related to carrying out the planning process described in subsection (b);(2) expenses related to project predevelopment;(3) expenses related to updating economic development plans to align with other applicable State, regional, or local planning efforts; and(4) expenses related to hiring professional staff to assist communities in—(A) project predevelopment and implementing projects and priorities included in—(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.
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(ii) an economic development planning grant;
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(1) 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 percentage specified in subsection (a) up to 100 percent of the cost of the project.
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(2) In the case of a grant to a State, or a political subdivision of a State, that the Secretary determines has exhausted the effective taxing and borrowing capacity of the State or political subdivision or can otherwise document that no local matching funds are reasonably obtainable, or in the case of a grant to a nonprofit organization that the Secretary determines 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.
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(4) In the case of a grant to a political subdivision of a State (as described in section 3122(6)(A)(iv) of this title) that has a population 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 paragraph (1) up to 100 percent of the total cost of the project.
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(a) In this section, the term “designated Federal grant program” means any Federal grant program 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 subchapter; and(B) consistent with a comprehensive economic development strategy.
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(b) Subject to subsection (c), in order to assist eligible recipients in taking advantage of designated Federal grant programs, on the application 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-Federal share because of the economic situation of the recipient.
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(1) 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.
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(A) the payment of funds made available under this chapter to the heads of the Federal agencies responsible for carrying out the applicable Federal programs; or(B) the award of funds under this chapter, which will be combined with funds transferred from other Federal agencies in projects administered by the Secretary.
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(1) On the application of an eligible recipient, the Secretary may make grants for training, research, and technical assistance, including grants for program evaluation and economic impact analyses, that would be useful in alleviating or preventing conditions of excessive unemployment or underemployment.
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(2) Grants under paragraph (1) may be used for—(A) project planning, project predevelopment, and feasibility studies;(B) demonstrations of innovative activities or strategic economic development investments;(C) management and operational assistance;(D) establishment of university centers;(E) establishment of business outreach centers;(F) studies evaluating the needs of, and development potential for, economic growth of areas that the Secretary determines have substantial need for the assistance;(G) studies that evaluate the effectiveness of coordinating projects funded under this chapter with projects funded under other Acts;(H) assessment, marketing, and establishment of business clusters; and(I) other activities determined by the Secretary to be appropriate.
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(b) In providing research and technical assistance under this section, the Secretary, in addition to making grants under subsection (a), may—(1) provide research and technical assistance through officers or employees of the Department;(2) pay funds made available to carry out this section to Federal agencies; or(3) employ private individuals, partnerships, businesses, corporations, or appropriate institutions under contracts entered into for that purpose.
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(1) In accordance with subsection (a)(2)(D), the Secretary may make grants to institutions of higher education to serve as university centers.
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(D) establish partnerships with 1 or more commercialization intermediaries that are public or nonprofit technology transfer organizations eligible to receive a grant under section 1862s–9 of this title;
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(A) the significant role of regional public universities in supporting economic development in distressed communities through the planning and the implementation of economic development projects and initiatives; and(B) the location of the university center in or near a distressed community.
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(a) On the application of an eligible recipient, the Secretary may make grants for development of public facilities, public services, business development (including funding of a revolving loan fund), planning, technical assistance, training, and any other assistance to alleviate long-term economic deterioration and sudden and severe economic dislocation and further the economic adjustment objectives of this subchapter.
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(2) On the application of an eligible recipient, the Secretary may make grants for projects in areas adversely impacted by a contraction event in the coal economy.
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(B) No regulation or other policy of the Secretary may limit the eligibility of an eligible recipient for a grant under this subsection based on the date of a contraction event except as provided in subparagraph (A)(i).
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(2) On the application of an eligible recipient, the Secretary may make grants—(A) to assist with economic development in nuclear host communities; and(B) to fund community advisory boards in nuclear host communities.
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(A) at the request of a grantee, amend and consolidate grant agreements governing revolving loan funds to provide flexibility with respect to lending areas and borrower criteria;
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In any case in which a grant (including a supplementary grant described in section 3145 of this title) has been made by the Secretary under this subchapter (or made under this chapter, as in effect on the day before the effective date of the Economic Development Administration Reform Act of 1998) for a project, and, after the grant has been made but before completion of the project, the purpose or scope of the project that was the basis of the grant is modified, the Secretary may approve, subject (except for a grant for which funds were obligated in fiscal year 1995) to the availability of appropriations, the use of grant funds for the modified project if the Secretary determines that—
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(1) the modified project meets the requirements of this subchapter and is consistent with the comprehensive economic development strategy submitted as part of the application for the grant; and
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(a) In the case of a grant to a recipient for a construction project under section 3141 or 3149 of this title, if the Secretary determines, before closeout of the project, that the cost of the project, based on the designs and specifications that were the basis of the grant, has decreased because of decreases in costs, the Secretary may approve, without further appropriation, the use of the excess funds (or a portion of the excess funds) by the recipient—(1) to increase the Federal share of the cost of a project under this title to the maximum percentage allowable under section 3144 of this title; or(2) to improve the project.
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Assistance made available under this subchapter shall not be used directly or indirectly for an attorney’s or consultant’s fee incurred in connection with obtaining grants and contracts under this subchapter.
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(1) The Secretary shall base the amount of a performance award made under subsection (a) in connection with a grant on the extent to which a recipient meets or exceeds performance measures established in connection with the grant.
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(2) The amount of a performance award may not exceed 10 percent of the amount of the grant.
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(a) The Secretary may make a planning performance award in connection with a grant made, on or after October 27, 2004, to an eligible recipient for a project under this subchapter located in an economic development district.
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(b) The Secretary may make a planning performance award to an eligible recipient under subsection (a) in connection with a grant for a project if the Secretary determines before closeout of the project that—(1) the recipient actively participated in the economic development activities of the economic development district in which the project is located;(2) the project is consistent with the comprehensive economic development strategy of the district;(3) the recipient worked with Federal, State, and local economic development entities throughout the development of the project; and(4) the project was completed in accordance with the comprehensive economic development strategy of the district.
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(c) The amount of a planning performance award made under subsection (a) in connection with a grant may not exceed 5 percent of the amount of the grant.
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(a) Subject to subsection (b), a recipient of a grant under section 3141, 3143, or 3147 of this title may directly expend the grant funds or may redistribute the funds in the form of a subgrant to other eligible recipients to fund required components of the scope of work approved for the project.
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(c) Subject to subsection (d), a recipient of a grant under section 3149 of this title may directly expend the grant funds or may redistribute the funds to public and private entities in the form of a grant, loan, loan guarantee, payment to reduce interest on a loan guarantee, or other appropriate assistance.
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(d) Under subsection (c), a recipient may not provide any grant to a private for-profit entity.
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(b) On the application of an eligible recipient, the Secretary may make a grant for a project for the development of a renewable energy site if the Secretary determines that the project will—(1) use 1 or more renewable energy technologies described in subsection (a), to develop abandoned or contaminated sites for commercial use; and(2) improve the commercial and economic opportunities in the area in which the project is located.
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(c) To the extent that any portion of a grant awarded under subsection (b) involves remediation, the remediation shall be subject to section 3222 of this title.
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(a) On the application of an eligible recipient, the Secretary may make grants to support the development and expansion of innovative workforce training programs through sectoral partnerships leading to quality jobs and the acquisition of equipment or construction of facilities to support workforce development activities.
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(b) Funds from a grant under this section may be used for—(1) acquisition or development of land and improvements to house workforce training activities;(2) acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of such a facility, including related equipment and machinery;(3) acquisition of machinery or equipment to support workforce training activities;(4) planning, technical assistance, and training;(5) sector partnerships development, program design, and program implementation; and(6) in the case of an eligible recipient that is a State, subject to subsection (c), a State program to support individual trainees for employment in critical industries with high demand and vacancies necessary for further economic development of the applicable State that—(A) requires significant post-secondary training; but(B) does not require a post-secondary degree.
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(1) The Secretary may award grants to States for the purpose described in subsection (b)(6).
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(2) To be eligible to receive a grant under this subsection, the Chief Executive of a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, which shall include, at a minimum, the following:(A) A method for identifying critical industry sectors driving in-State economic growth that face staffing challenges for in-demand jobs and careers.(B) A governance structure for the implementation of the program established by the State, including defined roles for the consortia of agencies of such State, at a minimum, to include the State departments of economic development, labor, and education, or the State departments or agencies with jurisdiction over those matters.(C) A strategy for recruiting participants from at least 1 community that meets 1 or more of the criteria described in section 3161(a) of this title.(D) A plan for how the State will develop a tracking system for eligible programs, participant enrollment, participant outcomes, and an application portal for individual participants.
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(4) A grant under this subsection may be used for—(A) necessary costs to carry out the matters described in this subsection, including tuition and stipends for individuals that receive funds under the program established by the applicable State, subject to the requirements described in paragraph (6); and(B) program implementation, planning, technical assistance, or training.
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(5) Notwithstanding section 3144 of this title, the Federal share of the cost of any award carried out with a grant made under this subsection shall not exceed 70 percent.
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(6) A State shall ensure that grant funds provided under this subsection to each individual that receives funds under the program established by the applicable State is the lesser of the following amounts:(A) In a case in which the individual is also eligible for a Federal Pell Grant under section 1070a of title 20 for enrollment at the applicable training program for any award year of the training program, $11,000 minus the amount of the awarded Federal Pell Grant.(B) For an individual not described in paragraph (1), the lesser of—(i) $11,000; and(ii) the total cost of the training program in which the individual is enrolled, including tuition, fees, career navigation services, textbook costs, expenses related to assessments and exams for certification or licensure, equipment costs, and wage stipends (in the case of a training program that is an earn-and-learn program).
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(A) In a case in which the individual is also eligible for a Federal Pell Grant under section 1070a of title 20 for enrollment at the applicable training program for any award year of the training program, $11,000 minus the amount of the awarded Federal Pell Grant.
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(a) In the case of a project described in subsection (b), the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives notice, in accordance with subsection (c), of the award of a grant for the project not less than 3 business days before notifying an eligible recipient of their selection for that award.
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(b) A project referred to in subsection (a) is a project that the Secretary has selected to receive a grant administered by the Economic Development Administration in an amount not less than $100,000.
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(8) the amount of the grant awarded;
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(1) 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.
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(2) In reviewing applications submitted under paragraph (1), the Secretary shall take into consideration geographic diversity of grants provided, including consideration of underserved markets, in addition to data requested in paragraph (3).
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(4) For any broadband project carried out by an eligible recipient that is a public-private partnership or consortium, the Secretary shall require that title to any real or personal property acquired or improved with grant funds, or if the recipient will not acquire title, another possessory interest acceptable to the Secretary, 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 accordance with regulations promulgated by the Secretary.
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(A) The Secretary may permit a recipient of a grant for a broadband project to grant an option to acquire real or personal property (including contractual rights and intangible property) related to that project to a third party on such terms as the Secretary determines to be appropriate, subject to the condition that the option may only be exercised after the Secretary releases the Federal interest in the property.
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(B) The grant or exercise of an option described in subparagraph (A) shall not constitute a redistribution of grant funds under section 3154c of this title.
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(a) On the application of an eligible recipient, the Secretary may make grants under the “Critical Supply Chain Site Development grant program” (referred to in this section as the “grant program”) to carry out site development or expansion projects for the purpose of making the site ready for manufacturing projects.
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(b) 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 include a comprehensive economic development strategy;(3) the eligible recipient has initiatives to prioritize job training and workforce development; and(4) the project supports industries determined by the Secretary to be of strategic importance to the national or economic security of the United States.
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(c) In awarding grants to eligible recipients under the grant program, the Secretary shall give priority 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 development efforts; and(2) if the site development or expansion project is carried out, will result in a demonstrated interest in the site by commercial entities or other entities.
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(d) 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, including—(A) construction of on-site utility infrastructure;(B) construction of last-mile infrastructure, including road infrastructure, water infrastructure, power infrastructure, broadband infrastructure, and other physical last-mile infrastructure;(C) site grading; and(D) other activities to extend public utilities or services to a site, as determined appropriate 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.
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(1) Subject to paragraph (2), in awarding grants under the grant program, the Secretary shall not require an eligible recipient to demonstrate that a private company or investment has selected the site for development or expansion.
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(2) In awarding grants under the grant program, the Secretary shall include necessary safeguards 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.
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(d) 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.
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(a) The Secretary shall conduct an evaluation of each university center and each economic development district that receives grant assistance under this chapter (each referred to in this section as a “grantee”) to assess the grantee’s performance and contribution toward retention and creation of employment.
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(b) The purpose of the evaluations of university centers under subsection (a) shall be to determine which university centers are performing well and are worthy of continued grant assistance under this chapter, and which should not receive continued assistance, so that university centers that have not previously received assistance may receive assistance.
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(2) at the request of an eligible recipient that submitted an application for assistance under subchapter II, provide technical feedback on unsuccessful grant applications.
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(11) establish performance measures for grants and other assistance provided under this chapter, and use the performance measures to evaluate the economic impact of economic development assistance programs under this chapter, which establishment and use of performance measures shall be provided by the Secretary through—(A) officers or employees of the Department;(B) the employment of persons under contracts entered into for such purposes; or(C) grants to persons, using funds made available to carry out this chapter;
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(C) grants to persons, using funds made available to carry out this chapter;
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(A) Except as provided in subparagraph (B), the Secretary may release, in whole or in part, any real property interest, or tangible personal property interest, in connection with a grant after the date that is 20 years after the date on which the grant was awarded.
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(i) On written request from a recipient of a grant under section 3149(d)1 of this title, the Secretary shall release, in accordance with this subparagraph, any Federal interest in connection with the grant, if—(I) the request is made not less than 7 years after the final disbursement of the original grant;(II) the recipient has complied with the terms and conditions of the grant to the satisfaction of the Secretary;(III) any proceeds realized from the grant will be used for 1 or more activities that continue to carry out the economic development purposes of this chapter; and(IV) the recipient includes in the written request a description of how the recipient will use the proceeds of the grant in accordance with subclause (III).
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(I) the request is made not less than 7 years after the final disbursement of the original grant;
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(III) any proceeds realized from the grant will be used for 1 or more activities that continue to carry out the economic development purposes of this chapter; and
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(IV) the recipient includes in the written request a description of how the recipient will use the proceeds of the grant in accordance with subclause (III).
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(I) Except as provided in subclause (II), the Secretary shall complete all closeout actions for the grant by not later than 180 days after receipt and acceptance of the written request under clause (i).
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(iii) Section 3212 of this title shall continue to apply to a project assisted with a grant under section 3149(d)1 of this title regardless of whether the Secretary releases a Federal interest under clause (i).
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(2) include a discussion of any private sector leveraging goal with respect to grants awarded to—(A) rural areas and urban economically distressed areas; and(B) highly distressed areas;
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(4) gives any unauthorized information concerning any future action or plan of the Secretary that might affect the value of securities, or having such knowledge invests or speculates, directly or indirectly, in the securities or property of any company or corporation receiving loans, grants, or other assistance from the Secretary;
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(1) Not later than 1 year after October 27, 2004, the Comptroller General shall prepare a report that evaluates the grants made by the Economic Development Administration for the economic development of brownfield sites.
Citations to §3122(9)
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(2) local communities should work in partnership with neighboring communities, the States, Indian tribes, and the Federal Government to increase the capacity of the local communities to develop and implement comprehensive economic development strategies to alleviate economic distress and enhance competitiveness in the global economy;
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(a) The Secretary shall coordinate activities relating to the preparation and implementation of comprehensive economic development strategies under this chapter with Federal agencies carrying out other Federal programs, States, economic development districts, Indian tribes, and other appropriate planning and development organizations.
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(1) To carry out subsection (a), or for any other purpose relating to economic development activities, the Secretary may convene meetings with Federal agencies, State and local governments, economic development districts, Indian tribes, and other appropriate planning and development organizations.
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(1) 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 percentage specified in subsection (a) up to 100 percent of the cost of the project.
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(d) The Secretary shall establish a publicly facing website to help provide a comprehensive, single source of information for Indian tribes, Tribal leaders, Tribal businesses, and citizens in Tribal communities to better understand and access programs that support economic development in Tribal communities, including the economic development programs administered by Federal agencies or departments other than the Department.
Citations to §3122(10)
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(5) support outdoor recreation to spur economic development, with a focus on rural communities;
Citations to §3122(11)
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(2) expenses related to project predevelopment;
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(A) project predevelopment and implementing projects and priorities included in—(ii) an economic development planning grant;
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(A) project planning, project predevelopment, and feasibility studies;
Citations to §3122(12)
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(A) In addition to meetings described in paragraph (1), not later than 1 year after January 4, 2025, and not less frequently than every 2 years thereafter, the Secretary shall convene a meeting with the Regional Commissions in furtherance of subsection (a).
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(ii) the Federal Cochairpersons of the Regional Commissions, or their designees; and
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(iii) the State Cochairpersons of the Regional Commissions, or their designees.
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(i) to enhance coordination between the Economic Development Administration and the Regional Commissions in carrying out economic development programs;
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(ii) to reduce duplication of efforts by the Economic Development Administration and the Regional Commissions in carrying out economic development programs;
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(i) the planned actions by the Economic Development Administration and the Regional Commissions to enhance coordination or reduce duplication of efforts and a timeline for implementing those actions; and
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(2) Notwithstanding any other provision of law, any funds contributed by a Regional Commission for a project under this subchapter may be considered to be part of the non-Federal share of the costs of the project.
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(3) In reviewing an application submitted under paragraph (1), the Secretary shall request from the Federal Communications Commission, the Administrator of the National Telecommunications and Information Administration, the Secretary of Agriculture, and the Appalachian Regional Commission data on—(A) the level and extent of broadband service that exists in the area proposed to be served; and(B) the level and extent of broadband service that will be deployed in the area proposed to be served pursuant to another Federal program.
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If any part of an economic development district is in a region covered by 1 or more of the Regional Commissions, the economic development district shall ensure that a copy of the comprehensive economic development strategy of the district is provided to the affected Regional Commission.
Citations to §3122(13)
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(a) In providing assistance under this subchapter, the Secretary shall cooperate with States and other entities to ensure that, consistent with national objectives, Federal programs are compatible with and further the objectives of State, regional, and local economic development plans and comprehensive economic development strategies.
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(b) The Secretary may provide such technical assistance to States, political subdivisions of States, sub-State regional organizations (including organizations that cross State boundaries), multi-State regional organizations, and nonprofit organizations as the Secretary determines is appropriate to—(1) alleviate economic distress;(2) encourage and support public-private partnerships for the formation and improvement of economic development strategies that sustain and promote economic development across the United States; and(3) promote investment in infrastructure and technological capacity to keep pace with the changing global economy.
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(c) The Secretary shall promulgate regulations to ensure that appropriate State and local government agencies have been given a reasonable opportunity to review and comment on proposed projects under this subchapter that the Secretary determines may have a significant direct impact on the economy of the area.
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In accordance with applicable laws and subject to the availability of appropriations, each Federal agency shall exercise its powers, duties and functions, and shall cooperate with the Secretary, in such manner as will assist the Secretary in carrying out this subchapter.
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(a) The Secretary shall coordinate activities relating to the preparation and implementation of comprehensive economic development strategies under this chapter with Federal agencies carrying out other Federal programs, States, economic development districts, Indian tribes, and other appropriate planning and development organizations.
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(1) To carry out subsection (a), or for any other purpose relating to economic development activities, the Secretary may convene meetings with Federal agencies, State and local governments, economic development districts, Indian tribes, and other appropriate planning and development organizations.
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(A) In addition to meetings described in paragraph (1), not later than 1 year after January 4, 2025, and not less frequently than every 2 years thereafter, the Secretary shall convene a meeting with the Regional Commissions in furtherance of subsection (a).
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(iv) any other purposes as determined appropriate by the Secretary.
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(D) Where applicable and pursuant to subparagraph (C), not later than 1 year after a meeting under this paragraph, the Secretary shall prepare and make publicly available a report detailing, at a minimum—(i) the planned actions by the Economic Development Administration and the Regional Commissions to enhance coordination or reduce duplication of efforts and a timeline for implementing those actions; and(ii) any best practices and strategies developed.
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(a) 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, public service, or development facility or for the improvement of waste management and recycling systems; and(2) acquisition, design and engineering, construction, rehabilitation, alteration, expansion, increasing the resilience1 or improvement of such a facility, including related machinery and equipment.
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(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 unemployed 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 development strategy and the project is consistent with the strategy.
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(c) In awarding grants under subsection (a) and subject to the criteria in subsection (b), the Secretary 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 development 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 economic development, with a focus on rural communities;(6) promote job creation or retention relative to the population of the impacted region with outsized significance;(7) promote travel and tourism; or(8) promote blue economy activities.
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Notwithstanding any other provision of law, the Secretary may provide to an eligible recipient any assistance available under this subchapter for a project to be carried out on a military 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.
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(a) On the application of an eligible recipient, the Secretary may make grants to pay the costs of economic development planning and the administrative expenses of organizations that carry out the planning.
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(3) Before providing assistance for a State plan under this section, the Secretary shall consider the extent to which the State will consider local and economic development district plans.
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(1) 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 percentage specified in subsection (a) up to 100 percent of the cost of the project.
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(2) In the case of a grant to a State, or a political subdivision of a State, that the Secretary determines has exhausted the effective taxing and borrowing capacity of the State or political subdivision or can otherwise document that no local matching funds are reasonably obtainable, or in the case of a grant to a nonprofit organization that the Secretary determines 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.
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(4) In the case of a grant to a political subdivision of a State (as described in section 3122(6)(A)(iv) of this title) that has a population 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 paragraph (1) up to 100 percent of the total cost of the project.
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(2) the Secretary designates as eligible for an allocation of funds under this section; and
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(b) Subject to subsection (c), in order to assist eligible recipients in taking advantage of designated Federal grant programs, on the application 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-Federal share because of the economic situation of the recipient.
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(A) the payment of funds made available under this chapter to the heads of the Federal agencies responsible for carrying out the applicable Federal programs; or(B) the award of funds under this chapter, which will be combined with funds transferred from other Federal agencies in projects administered by the Secretary.
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(B) the award of funds under this chapter, which will be combined with funds transferred from other Federal agencies in projects administered by the Secretary.
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In promulgating rules, regulations, and procedures for assistance under this subchapter, the Secretary shall ensure that—
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(1) the relative needs of eligible areas are given adequate consideration by the Secretary, as determined based on, among other relevant factors—(A) the severity of the rates of unemployment in the eligible areas and the duration of the unemployment;(B) the per capita income levels, the labor force participation rate, and the extent of underemployment in eligible areas; and(C) the outmigration of population from eligible areas and the extent to which the outmigration is causing economic injury in the eligible areas;
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(1) On the application of an eligible recipient, the Secretary may make grants for training, research, and technical assistance, including grants for program evaluation and economic impact analyses, that would be useful in alleviating or preventing conditions of excessive unemployment or underemployment.
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(F) studies evaluating the needs of, and development potential for, economic growth of areas that the Secretary determines have substantial need for the assistance;
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(I) other activities determined by the Secretary to be appropriate.
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(3) In the case of a project assisted under this section that is national or regional in scope, the Secretary may waive the provision in section 3122(6)(A)(vi) of this title requiring a nonprofit organization or association to act in cooperation with officials of a political subdivision of a State.
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(b) In providing research and technical assistance under this section, the Secretary, in addition to making grants under subsection (a), may—(1) provide research and technical assistance through officers or employees of the Department;(2) pay funds made available to carry out this section to Federal agencies; or(3) employ private individuals, partnerships, businesses, corporations, or appropriate institutions under contracts entered into for that purpose.
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(1) In accordance with subsection (a)(2)(D), the Secretary may make grants to institutions of higher education to serve as university centers.
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(2) The Secretary shall ensure that the network of university centers established under this subsection provides services in each State.
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(A) the significant role of regional public universities in supporting economic development in distressed communities through the planning and the implementation of economic development projects and initiatives; and(B) the location of the university center in or near a distressed community.
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(b) If the Secretary plans to use an investment priority that is not described in subsection (a), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notification that explains the basis for using that investment priority.
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(a) On the application of an eligible recipient, the Secretary may make grants for development of public facilities, public services, business development (including funding of a revolving loan fund), planning, technical assistance, training, and any other assistance to alleviate long-term economic deterioration and sudden and severe economic dislocation and further the economic adjustment objectives of this subchapter.
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(1) the project will help the area to meet a special need arising from—(A) actual or threatened severe unemployment; or(B) economic adjustment problems resulting from severe changes in economic conditions; and(2) the area for which a project is to be carried out has a comprehensive economic development strategy and the project is consistent with the strategy, except that this paragraph shall not apply to planning projects.
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(2) On the application of an eligible recipient, the Secretary may make grants for projects in areas adversely impacted by a contraction event in the coal economy.
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(A) In carrying out this subsection, the Secretary shall determine the eligibility of an area based on whether the eligible recipient can reasonably demonstrate that the area—(i) has been adversely impacted by a contraction event in the coal economy within the previous 25 years; or(ii) will be adversely impacted by a contraction event in the coal economy.
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(B) No regulation or other policy of the Secretary may limit the eligibility of an eligible recipient for a grant under this subsection based on the date of a contraction event except as provided in subparagraph (A)(i).
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(iii) any other factor, as determined to be appropriate by the Secretary.
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(E) The term “nuclear host community” means an eligible recipient that has been economically impacted, or reasonably demonstrates to the satisfaction of the Secretary that it will be economically impacted, by a nuclear power plant licensed by the Commission that—(i) is not co-located with an operating nuclear power plant;(ii) is at a site with spent nuclear fuel; and(iii) as of January 4, 2025—(I) has ceased operations; or(II) has provided a written notification to the Commission that it will cease operations.
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(2) On the application of an eligible recipient, the Secretary may make grants—(A) to assist with economic development in nuclear host communities; and(B) to fund community advisory boards in nuclear host communities.
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(3) In carrying out this subsection, to the maximum extent practicable, the Secretary shall implement the recommendations described in the report submitted to Congress under section 108 of the Nuclear Energy Innovation and Modernization Act (Public Law 115–439; 132 Stat. 5577) entitled “Best Practices for Establishment and Operation of Local Community Advisory Boards Associated with Decommissioning Activities at Nuclear Power Plants”.
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(1) The Secretary shall promulgate regulations to maintain the proper operation and financial integrity of revolving loan funds established by recipients with assistance under this section.
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(2) The Secretary may—(A) at the request of a grantee, amend and consolidate grant agreements governing revolving loan funds to provide flexibility with respect to lending areas and borrower criteria;(B) assign or transfer assets of a revolving loan fund to third party for the purpose of liquidation, and the third party may retain assets of the fund to defray costs related to liquidation; and(C) take such actions as are appropriate to enable revolving loan fund operators to sell or securitize loans (except that the actions may not include issuance of a Federal guaranty by the Secretary).
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(C) take such actions as are appropriate to enable revolving loan fund operators to sell or securitize loans (except that the actions may not include issuance of a Federal guaranty by the Secretary).
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(B) Except as provided in subparagraph (A), no provision of this subsection or any regulation promulgated by the Secretary under this subsection supersedes or otherwise affects the application of the securities laws (as the term is defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))) or the rules, regulations, or orders of the Securities and Exchange Commission or a self-regulatory organization under that Commission.
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(g) In providing assistance pursuant to subsection (c)(2), if appropriate and as applicable, the Secretary may encourage hazard mitigation in assistance provided pursuant to such subsection.
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In any case in which a grant (including a supplementary grant described in section 3145 of this title) has been made by the Secretary under this subchapter (or made under this chapter, as in effect on the day before the effective date of the Economic Development Administration Reform Act of 1998) for a project, and, after the grant has been made but before completion of the project, the purpose or scope of the project that was the basis of the grant is modified, the Secretary may approve, subject (except for a grant for which funds were obligated in fiscal year 1995) to the availability of appropriations, the use of grant funds for the modified project if the Secretary determines that—
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(a) In the case of a grant to a recipient for a construction project under section 3141 or 3149 of this title, if the Secretary determines, before closeout of the project, that the cost of the project, based on the designs and specifications that were the basis of the grant, has decreased because of decreases in costs, the Secretary may approve, without further appropriation, the use of the excess funds (or a portion of the excess funds) by the recipient—(1) to increase the Federal share of the cost of a project under this title to the maximum percentage allowable under section 3144 of this title; or(2) to improve the project.
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(b) Any amount of excess funds remaining after application of subsection (a) may be used by the Secretary for providing assistance under this chapter.
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(c) In the case of excess funds described in subsection (a) in projects using funds transferred from other Federal agencies pursuant to section 3214 of this title, the Secretary shall—(1) use the funds in accordance with subsection (a), with the approval of the originating agency; or(2) return the funds to the originating agency.
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(a) Each recipient of assistance under this subchapter shall submit reports to the Secretary at such intervals and in such manner as the Secretary shall require by regulation, except that no report shall be required to be submitted more than 10 years after the date of closeout of the assistance award.
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(a) On the application of an eligible recipient that is determined by the Secretary to be unable to comply with the requirements of section 3162 of this title, the Secretary may waive, in whole or in part, the requirements of section 3162 of this title and designate the area represented by the recipient as a special impact area.
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(b) The Secretary may make a designation under subsection (a) only after determining that—(1) the project will fulfill a pressing need of the area; and(2) the project will—(A) be useful in alleviating or preventing conditions of excessive unemployment or underemployment; or(B) assist in providing useful employment opportunities for the unemployed or underemployed residents in the area.
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(c) At the time of the designation under subsection (a), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notice of the designation, including a justification for the designation.
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(1) The Secretary shall promulgate regulations to establish performance measures for making performance awards under subsection (a).
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(2) In promulgating regulations under paragraph (1), the Secretary shall consider the inclusion of performance measures that assess—(A) whether the recipient meets or exceeds scheduling goals;(B) whether the recipient meets or exceeds job creation goals;(C) amounts of private sector capital investments leveraged; and(D) such other factors as the Secretary determines to be appropriate.
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(D) such other factors as the Secretary determines to be appropriate.
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(1) The Secretary shall base the amount of a performance award made under subsection (a) in connection with a grant on the extent to which a recipient meets or exceeds performance measures established in connection with the grant.
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(d) A recipient of a performance award under subsection (a) may use the award for any eligible purpose under this chapter, in accordance with section 3212 of this title and such regulations as the Secretary may promulgate.
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(g) In making performance awards under subsection (a), the Secretary shall establish such terms and conditions as the Secretary considers to be appropriate.
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(h) The Secretary shall use any amounts made available for economic development assistance programs to carry out this section.
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(i) The Secretary shall include information regarding performance awards made under this section in the annual report required under section 3213 of this title.
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(a) The Secretary may make a planning performance award in connection with a grant made, on or after October 27, 2004, to an eligible recipient for a project under this subchapter located in an economic development district.
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(b) The Secretary may make a planning performance award to an eligible recipient under subsection (a) in connection with a grant for a project if the Secretary determines before closeout of the project that—(1) the recipient actively participated in the economic development activities of the economic development district in which the project is located;(2) the project is consistent with the comprehensive economic development strategy of the district;(3) the recipient worked with Federal, State, and local economic development entities throughout the development of the project; and(4) the project was completed in accordance with the comprehensive economic development strategy of the district.
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(f) The Secretary shall use any amounts made available for economic development assistance programs to carry out this section.
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(b) On the application of an eligible recipient, the Secretary may make a grant for a project for the development of a renewable energy site if the Secretary determines that the project will—(1) use 1 or more renewable energy technologies described in subsection (a), to develop abandoned or contaminated sites for commercial use; and(2) improve the commercial and economic opportunities in the area in which the project is located.
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(a) On the application of an eligible recipient, the Secretary may make grants to support the development and expansion of innovative workforce training programs through sectoral partnerships leading to quality jobs and the acquisition of equipment or construction of facilities to support workforce development activities.
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(1) The Secretary may award grants to States for the purpose described in subsection (b)(6).
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(2) To be eligible to receive a grant under this subsection, the Chief Executive of a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, which shall include, at a minimum, the following:(A) A method for identifying critical industry sectors driving in-State economic growth that face staffing challenges for in-demand jobs and careers.(B) A governance structure for the implementation of the program established by the State, including defined roles for the consortia of agencies of such State, at a minimum, to include the State departments of economic development, labor, and education, or the State departments or agencies with jurisdiction over those matters.(C) A strategy for recruiting participants from at least 1 community that meets 1 or more of the criteria described in section 3161(a) of this title.(D) A plan for how the State will develop a tracking system for eligible programs, participant enrollment, participant outcomes, and an application portal for individual participants.
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(a) In the case of a project described in subsection (b), the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives notice, in accordance with subsection (c), of the award of a grant for the project not less than 3 business days before notifying an eligible recipient of their selection for that award.
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(b) A project referred to in subsection (a) is a project that the Secretary has selected to receive a grant administered by the Economic Development Administration in an amount not less than $100,000.
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(10) any additional information, as determined to be appropriate by the Secretary.
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(d) The Secretary shall make a notification under subsection (a) publicly available not later than 60 days after the date on which the Secretary provides the notice.
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(3) The term “high-speed broadband” means the provision of 2-way data transmission with sufficient downstream and upstream speeds to end users to permit effective participation in the economy and to support economic growth, as determined by the Secretary.
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(1) 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.
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(2) In reviewing applications submitted under paragraph (1), the Secretary shall take into consideration geographic diversity of grants provided, including consideration of underserved markets, in addition to data requested in paragraph (3).
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(3) In reviewing an application submitted under paragraph (1), the Secretary shall request from the Federal Communications Commission, the Administrator of the National Telecommunications and Information Administration, the Secretary of Agriculture, and the Appalachian Regional Commission data on—(A) the level and extent of broadband service that exists in the area proposed to be served; and(B) the level and extent of broadband service that will be deployed in the area proposed to be served pursuant to another Federal program.
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(4) For any broadband project carried out by an eligible recipient that is a public-private partnership or consortium, the Secretary shall require that title to any real or personal property acquired or improved with grant funds, or if the recipient will not acquire title, another possessory interest acceptable to the Secretary, 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 accordance with regulations promulgated by the Secretary.
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(A) The Secretary may permit a recipient of a grant for a broadband project to grant an option to acquire real or personal property (including contractual rights and intangible property) related to that project to a third party on such terms as the Secretary determines to be appropriate, subject to the condition that the option may only be exercised after the Secretary releases the Federal interest in the property.
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(c) 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.
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(a) On the application of an eligible recipient, the Secretary may make grants under the “Critical Supply Chain Site Development grant program” (referred to in this section as the “grant program”) to carry out site development or expansion projects for the purpose of making the site ready for manufacturing projects.
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(b) 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 include a comprehensive economic development strategy;(3) the eligible recipient has initiatives to prioritize job training and workforce development; and(4) the project supports industries determined by the Secretary to be of strategic importance to the national or economic security of the United States.
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(4) the project supports industries determined by the Secretary to be of strategic importance to the national or economic security of the United States.
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(c) In awarding grants to eligible recipients under the grant program, the Secretary shall give priority 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 development efforts; and(2) if the site development or expansion project is carried out, will result in a demonstrated interest in the site by commercial entities or other entities.
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(D) other activities to extend public utilities or services to a site, as determined appropriate by the Secretary.
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(1) Subject to paragraph (2), in awarding grants under the grant program, the Secretary shall not require an eligible recipient to demonstrate that a private company or investment has selected the site for development or expansion.
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(2) In awarding grants under the grant program, the Secretary shall include necessary safeguards 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.
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(3) 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 unemployment, underemployment, or economic adjustment problems resulting from severe short-term or long-term changes in economic conditions.
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(1) A determination of eligibility under subsection (a) shall be supported by the most recent Federal data available (including data available from the Bureau of Economic Analysis, the Bureau of Labor Statistics, the Census 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.
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(e) To the extent the Secretary includes neighboring counties and communities in an economic 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.
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(a) The Secretary may provide assistance under section 3141 or 3149 of this title (except for planning 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 development problems to be addressed using the assistance;(2) an identification of the past, present, and projected future economic development investments in the area receiving the assistance and public and private participants and sources of funding for the investments; and(A) a comprehensive economic development strategy for addressing the economic problems identified under paragraph (1) in a manner that promotes economic development and opportunity, fosters effective transportation access, 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), enhances and protects the environment, including to mitigate and adapt to the economic impacts of extreme weather, and balances resources through sound management of development; and(B) a description of how the strategy will solve the problems.
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(b) The Secretary shall approve a comprehensive economic development strategy that meets the requirements of subsection (a) to the satisfaction of the Secretary.
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(1) The Secretary may accept as a comprehensive economic development strategy a satisfactory plan developed under another federally supported program.
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(a) 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 resources, to foster economic development on a scale involving more than a single area described 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 investment; and
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(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 development groups; and(B) in assisting the district groups in formulating comprehensive economic development strategies for districts; and(3) encourage participation by appropriate local government entities in the economic development districts.
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The Secretary shall, by regulation, promulgate standards for the termination or modification of the designation of economic development districts.
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Notwithstanding section 3161 of this title, the Secretary may provide such assistance as is available under this chapter for a project in a part of an economic development district that is not in an area described in section 3161(a) of this title, if the project will be of a substantial direct benefit to an area described in section 3161(a) of this title that is located in the district.
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(b) The Assistant Secretary of Commerce for Economic Development shall be compensated at the rate payable for level IV of the Executive Schedule under section 5315 of title 5.
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(c) The Assistant Secretary of Commerce for Economic Development shall carry out such duties as the Secretary shall require and shall serve as the administrator of the Economic Development Administration of the Department.
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In carrying out this chapter, the Secretary shall—
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(a) The Secretary may consult with any persons, including representatives of labor, management, agriculture, and government, who can assist in addressing the problems of area and regional unemployment or underemployment.
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(b) The Secretary may provide for such consultation with interested Federal agencies as the Secretary determines to be appropriate in the performance of the duties of the Secretary under this chapter.
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(a) The Secretary shall conduct an evaluation of each university center and each economic development district that receives grant assistance under this chapter (each referred to in this section as a “grantee”) to assess the grantee’s performance and contribution toward retention and creation of employment.
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(1) The Secretary shall establish criteria for use in conducting evaluations under subsection (a).
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(e) In conducting an evaluation of a university center or economic development district under subsection (a), the Secretary shall provide for the participation of at least 1 other university center or economic development district, as appropriate, on a cost-reimbursement basis.
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Not later than 30 days before the date of any reorganization of the offices, programs, or activities of the Economic Development Administration, the Secretary shall provide notification of the reorganization to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate, and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives.
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(1) to coordinate all Tribal economic development activities carried out by the Secretary;
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(d) The Secretary shall establish a publicly facing website to help provide a comprehensive, single source of information for Indian tribes, Tribal leaders, Tribal businesses, and citizens in Tribal communities to better understand and access programs that support economic development in Tribal communities, including the economic development programs administered by Federal agencies or departments other than the Department.
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(e) The Secretary shall ensure that the Office has sufficient staff to carry out all outreach activities under this section.
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(1) to direct and implement the post-disaster economic recovery responsibilities of the Economic Development Administration pursuant to subsections (c)(2) and (e) of section 3149 of this title and section 3233 of this title;(2) to direct and implement economic recovery and enhanced resilience support function activities as directed under the National Disaster Recovery Framework; and(3) support long-term economic recovery in communities in which a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), or otherwise impacted by an event of national significance, as determined by the Secretary, through—(A) convening and deploying an economic development assessment team;(B) hosting or attending convenings related to identification of additional Federal, State, local, and philanthropic entities and resources;(C) exploring potential flexibilities related to existing awards;(D) provision of technical assistance through staff or contractual resources; and(E) other activities determined by the Secretary to be appropriate.
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(3) support long-term economic recovery in communities in which a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), or otherwise impacted by an event of national significance, as determined by the Secretary, through—(A) convening and deploying an economic development assessment team;(B) hosting or attending convenings related to identification of additional Federal, State, local, and philanthropic entities and resources;(C) exploring potential flexibilities related to existing awards;(D) provision of technical assistance through staff or contractual resources; and(E) other activities determined by the Secretary to be appropriate.
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(E) other activities determined by the Secretary to be appropriate.
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(1) The Secretary is authorized to appoint such temporary personnel as may be necessary to carry out the responsibilities of the Office of Disaster Recovery and Resilience, without regard to the provisions of subchapter I of chapter 33 of title 5 governing appointments in the competitive service.
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(2) Notwithstanding chapter 33 of title 5, or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, a temporary employee appointed under this subsection may be selected by the Secretary for a permanent appointment in the competitive service in the Economic Development Administration under internal competitive promotion procedures if—(A) the employee has served continuously for at least 2 years under 1 or more appointments under this subsection; and(B) the employee’s performance has been at an acceptable level of performance throughout the period or periods referred to in subparagraph (A).
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(4) For any fiscal year during which the Secretary exercises the authority under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the use of that authority including, at a minimum—(A) the number of employees hired under the authority during the fiscal year;(B) the positions and grades for which employees were hired;(C) the number of employees converted to career-conditional;(D) a description of how the Secretary assessed employee performance to determine the eligibility of the employee for conversion under paragraph (2)(B);(E) the number of employees who were hired under that authority as temporary employees who have met the continuous service requirements described in subparagraph (A) of paragraph (2) but not the performance requirements described in subparagraph (B) of that paragraph; and(F) the number of employees who were hired under that authority who have separated from the Economic Development Administration.
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(D) a description of how the Secretary assessed employee performance to determine the eligibility of the employee for conversion under paragraph (2)(B);
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(1) As soon as practicable after January 4, 2025, the Secretary shall establish a disaster team (referred to in this section as the “disaster team”) for the deployment of individuals to carry out responsibilities of the Office of Disaster Recovery and Resilience after a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and the Department has been activated by the Federal Emergency Management Agency.
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(A) As soon as practicable after January 4, 2025, the Secretary shall designate to serve on the disaster team—(i) employees of the Office of Disaster Recovery and Resilience;(ii) employees of the Department who are not employees of the Economic Development Administration; and(iii) in consultation with the heads of other Federal agencies, employees of those agencies, as appropriate.
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(B) In designating individuals under subparagraph (A), the Secretary shall ensure that the disaster team includes a sufficient quantity of—(i) individuals who are capable of deploying rapidly and efficiently to respond to major disasters and emergencies; and(ii) highly trained full-time employees who will lead and manage the disaster team.
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(4) In carrying out this section, the Secretary may—(A) use, with or without reimbursement, any service, equipment, personnel, or facility of any Federal agency with the explicit support of that agency, to the extent such use does not impair or conflict with the authority of the President or the Administrator of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) to direct Federal agencies in any major disaster or emergency declared under that Act; and(B) provide members of the disaster team with travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in the performance of services for, or relating to, the disaster team.
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(d) Not later than July 1, 2026, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—(1) a summary of the activities of the Office of Disaster Recovery and Resilience and any disaster teams established pursuant to subsection (c);(2) the number and details of the disasters in which the Office of Disaster Recovery and Resilience and permanent and temporary personnel, including disaster teams, were involved and deployed;(3) the locations and length of any deployments;(4) the number of personnel deployed, broken down by category, including permanent and temporary personnel; and(5) a breakdown of expenses, with or without reimbursement.
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(c) The Secretary may enter into a contract or cooperative agreement with an eligible recipient for the purpose of providing technical assistance to eligible recipients that are underresourced communities that have submitted or may submit an application for assistance under this chapter.
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(1) adopt, alter, and use a seal, which shall be judicially noticed;(2) subject to the civil service and classification laws, select, employ, appoint, and fix the compensation of such personnel as are necessary to carry out this chapter;(3) hold such hearings, sit and act at such times and places, and take such testimony, as the Secretary determines to be appropriate;(4) request directly, from any Federal agency, board, commission, office, or independent establishment, such information, suggestions, estimates, and statistics as the Secretary determines to be necessary to carry out this chapter (and each Federal agency, board, commission, office, or independent establishment may provide such information, suggestions, estimates, and statistics directly to the Secretary);(5) under regulations promulgated by the Secretary—(A) assign or sell at public or private sale, or otherwise dispose of for cash or credit, in the Secretary’s discretion and on such terms and conditions and for such consideration as the Secretary determines to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by the Secretary in connection with assistance provided under this chapter; and(B) collect or compromise all obligations assigned to or held by the Secretary in connection with that assistance until such time as the obligations are referred to the Attorney General for suit or collection;(6) deal with, complete, renovate, improve, modernize, insure, rent, or sell for cash or credit, on such terms and conditions and for such consideration as the Secretary determines to be reasonable, any real or personal property conveyed to or otherwise acquired by the Secretary in connection with assistance provided under this chapter;(7) pursue to final collection, by means of compromise or other administrative action, before referral to the Attorney General, all claims against third parties assigned to the Secretary in connection with assistance provided under this chapter;(8) acquire, in any lawful manner, any property (real, personal, or mixed, tangible or intangible), to the extent appropriate in connection with assistance provided under this chapter;(9) in addition to any powers, functions, privileges, and immunities otherwise vested in the Secretary, take any action, including the procurement of the services of attorneys by contract, determined by the Secretary to be necessary or desirable in making, purchasing, servicing, compromising, modifying, liquidating, or otherwise administratively dealing with assets held in connection with financial assistance provided under this chapter;(A) employ experts and consultants or organizations as authorized by section 3109 of title 5 except that contracts for such employment may be renewed annually;(B) compensate individuals so employed, including compensation for travel time; and(C) allow individuals so employed, while away from their homes or regular places of business, travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons employed intermittently in the Federal Government service;(11) establish performance measures for grants and other assistance provided under this chapter, and use the performance measures to evaluate the economic impact of economic development assistance programs under this chapter, which establishment and use of performance measures shall be provided by the Secretary through—(A) officers or employees of the Department;(B) the employment of persons under contracts entered into for such purposes; or(C) grants to persons, using funds made available to carry out this chapter;(12) conduct environmental reviews and incur necessary expenses to evaluate and monitor the environmental impact of economic development assistance provided and proposed to be provided under this chapter, including expenses associated with the representation and defense of the actions of the Secretary relating to the environmental impact of the assistance, using any funds made available to carry out section 3147 of this title;(13) sue and be sued in any court of record of a State having general jurisdiction or in any United States district court, except that no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Secretary or the property of the Secretary; and(14) establish such rules, regulations, and procedures as the Secretary considers appropriate for carrying out this chapter.
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(3) hold such hearings, sit and act at such times and places, and take such testimony, as the Secretary determines to be appropriate;
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(4) request directly, from any Federal agency, board, commission, office, or independent establishment, such information, suggestions, estimates, and statistics as the Secretary determines to be necessary to carry out this chapter (and each Federal agency, board, commission, office, or independent establishment may provide such information, suggestions, estimates, and statistics directly to the Secretary);
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(5) under regulations promulgated by the Secretary—(A) assign or sell at public or private sale, or otherwise dispose of for cash or credit, in the Secretary’s discretion and on such terms and conditions and for such consideration as the Secretary determines to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by the Secretary in connection with assistance provided under this chapter; and(B) collect or compromise all obligations assigned to or held by the Secretary in connection with that assistance until such time as the obligations are referred to the Attorney General for suit or collection;
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(A) assign or sell at public or private sale, or otherwise dispose of for cash or credit, in the Secretary’s discretion and on such terms and conditions and for such consideration as the Secretary determines to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by the Secretary in connection with assistance provided under this chapter; and
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(B) collect or compromise all obligations assigned to or held by the Secretary in connection with that assistance until such time as the obligations are referred to the Attorney General for suit or collection;
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(6) deal with, complete, renovate, improve, modernize, insure, rent, or sell for cash or credit, on such terms and conditions and for such consideration as the Secretary determines to be reasonable, any real or personal property conveyed to or otherwise acquired by the Secretary in connection with assistance provided under this chapter;
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(7) pursue to final collection, by means of compromise or other administrative action, before referral to the Attorney General, all claims against third parties assigned to the Secretary in connection with assistance provided under this chapter;
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(9) in addition to any powers, functions, privileges, and immunities otherwise vested in the Secretary, take any action, including the procurement of the services of attorneys by contract, determined by the Secretary to be necessary or desirable in making, purchasing, servicing, compromising, modifying, liquidating, or otherwise administratively dealing with assets held in connection with financial assistance provided under this chapter;
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(11) establish performance measures for grants and other assistance provided under this chapter, and use the performance measures to evaluate the economic impact of economic development assistance programs under this chapter, which establishment and use of performance measures shall be provided by the Secretary through—(A) officers or employees of the Department;(B) the employment of persons under contracts entered into for such purposes; or(C) grants to persons, using funds made available to carry out this chapter;
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(12) conduct environmental reviews and incur necessary expenses to evaluate and monitor the environmental impact of economic development assistance provided and proposed to be provided under this chapter, including expenses associated with the representation and defense of the actions of the Secretary relating to the environmental impact of the assistance, using any funds made available to carry out section 3147 of this title;
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(13) sue and be sued in any court of record of a State having general jurisdiction or in any United States district court, except that no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Secretary or the property of the Secretary; and
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(14) establish such rules, regulations, and procedures as the Secretary considers appropriate for carrying out this chapter.
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(b) The authority under subsection (a)(7) to pursue claims shall include the authority to obtain deficiency judgments or otherwise pursue claims relating to mortgages assigned to the Secretary.
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(c) Section 6101 of title 41 shall not apply to any contract of hazard insurance or to any purchase or contract for services or supplies on account of property obtained by the Secretary as a result of assistance provided under this chapter if the premium for the insurance or the amount of the services or supplies does not exceed $1,000.
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(1) The powers of the Secretary under this section, relating to property acquired by the Secretary in connection with assistance provided under this chapter, shall extend to property interests of the Secretary relating to projects approved under—(A) this chapter;(B) title I of the Public Works Employment Act of 1976 (42 U.S.C. 6701 et seq.);(C) title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.); and(D) the Community Emergency Drought Relief Act of 1977 (42 U.S.C. 5184 note; Public Law 95–31).
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(A) Except as provided in subparagraph (B), the Secretary may release, in whole or in part, any real property interest, or tangible personal property interest, in connection with a grant after the date that is 20 years after the date on which the grant was awarded.
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(i) On written request from a recipient of a grant under section 3149(d)1 of this title, the Secretary shall release, in accordance with this subparagraph, any Federal interest in connection with the grant, if—(I) the request is made not less than 7 years after the final disbursement of the original grant;(II) the recipient has complied with the terms and conditions of the grant to the satisfaction of the Secretary;(III) any proceeds realized from the grant will be used for 1 or more activities that continue to carry out the economic development purposes of this chapter; and(IV) the recipient includes in the written request a description of how the recipient will use the proceeds of the grant in accordance with subclause (III).
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(I) Except as provided in subclause (II), the Secretary shall complete all closeout actions for the grant by not later than 180 days after receipt and acceptance of the written request under clause (i).
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(II) The Secretary may extend a deadline under subclause (I) by an additional 180 days if the Secretary determines the extension to be necessary.
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(iii) Section 3212 of this title shall continue to apply to a project assisted with a grant under section 3149(d)1 of this title regardless of whether the Secretary releases a Federal interest under clause (i).
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(e) The power to convey and to execute, in the name of the Secretary, deeds of conveyance, deeds of release, assignments and satisfactions of mortgages, and any other written instrument relating to real or personal property or any interest in such property acquired by the Secretary under this chapter may be exercised by the Secretary, or by any officer or agent appointed by the Secretary for that purpose, without the execution of any express delegation of power or power of attorney.
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All laborers and mechanics employed by contractors or subcontractors on projects assisted by the Secretary under this chapter shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40. The Secretary shall not extend any financial assistance under this chapter for such a project without first obtaining adequate assurance that these labor standards will be maintained upon the construction work. The Secretary of Labor shall have, with respect to the labor standards specified in this provision, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), and section 3145 of title 40.
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(c) As part of the annual report to Congress of the Economic Development Administration, the Secretary shall include a report on project completions and close outs for construction awards that includes the following information on individual construction projects:(1) The award date of the project.(2) The completion date of the project.(3) The close out date of the project.(4) The total amount of the project, including non-Federal cost share and funding from other sources, including a breakdown by source.(5) The number of jobs anticipated to be created or retained as a result of the investment.
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(d) Not later than the date of the submission of the report under subsection (c), the Secretary shall make the report under subsection (c) publicly available.
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(e) To ensure that projects are meeting expected timelines, not later than 1 year after January 4, 2025, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that, at a minimum—(1) includes an analysis of Economic Development Administration construction project timeline estimates and actual project durations; and
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(a) The Secretary may—(1) delegate to the heads of other Federal agencies such functions, powers, and duties of the Secretary under this chapter as the Secretary determines to be appropriate; and(2) authorize the redelegation of the functions, powers, and duties by the heads of the agencies.
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(1) delegate to the heads of other Federal agencies such functions, powers, and duties of the Secretary under this chapter as the Secretary determines to be appropriate; and
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(1) Subject to paragraph (2), for the purposes of this chapter, the Secretary may accept transfers of funds from other Federal agencies if the funds are used for the purposes for which (and in accordance with the terms under which) the funds are specifically authorized and appropriated.
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(B) may, to the extent necessary to carry out this chapter, be transferred to and merged by the Secretary with the appropriations for salaries and expenses.
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(2) influencing in any manner the action of the Secretary; or
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(b) A person that is connected in any capacity with the Secretary in the administration of this chapter and that—(1) embezzles, abstracts, purloins, or willfully misapplies any funds, securities, or other thing of value, that is pledged or otherwise entrusted to the person;(2) with intent to defraud the Secretary or any other person or entity, or to deceive any officer, auditor, or examiner—(A) makes any false entry in any book, report, or statement of or to the Secretary; or(B) without being duly authorized, draws any order or issue, puts forth, or assigns any note, debenture, bond, or other obligation, or draft, bill of exchange, mortgage, judgment, or decree thereof;(3) with intent to defraud, participates or shares in or receives directly or indirectly any money, profit, property, or benefit through any transaction, loan, grant, commission, contract, or any other act of the Secretary; or(4) gives any unauthorized information concerning any future action or plan of the Secretary that might affect the value of securities, or having such knowledge invests or speculates, directly or indirectly, in the securities or property of any company or corporation receiving loans, grants, or other assistance from the Secretary;shall be fined under title 18, imprisoned not more than 5 years, or both.
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(2) with intent to defraud the Secretary or any other person or entity, or to deceive any officer, auditor, or examiner—(A) makes any false entry in any book, report, or statement of or to the Secretary; or(B) without being duly authorized, draws any order or issue, puts forth, or assigns any note, debenture, bond, or other obligation, or draft, bill of exchange, mortgage, judgment, or decree thereof;
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(A) makes any false entry in any book, report, or statement of or to the Secretary; or
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(4) gives any unauthorized information concerning any future action or plan of the Secretary that might affect the value of securities, or having such knowledge invests or speculates, directly or indirectly, in the securities or property of any company or corporation receiving loans, grants, or other assistance from the Secretary;
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(1) certify to the Secretary the names of any attorneys, agents, and other persons engaged by or on behalf of the business for the purpose of expediting applications made to the Secretary for assistance of any kind, under this chapter, and the fees paid or to be paid to the person for expediting the applications; and
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(2) execute an agreement binding the business, for the 2-year period beginning on the date on which the assistance is provided by the Secretary to the business, to refrain from employing, offering any office or employment to, or retaining for professional services, any person who, on the date on which the assistance or any part of the assistance was provided, or within the 1-year period ending on that date—(A) served as an officer, attorney, agent, or employee of the Department; and(B) occupied a position or engaged in activities that the Secretary determines involved discretion with respect to the granting of assistance under this chapter.
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(B) occupied a position or engaged in activities that the Secretary determines involved discretion with respect to the granting of assistance under this chapter.
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(a) The Secretary shall—(1) maintain as a permanent part of the records of the Department a list of applications approved for financial assistance under this chapter; and(2) make the list available for public inspection during the regular business hours of the Department.
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(a) Each recipient of assistance under this chapter shall keep such records as the Secretary shall require, including records that fully disclose—(1) the amount and the disposition by the recipient of the proceeds of the assistance;(2) the total cost of the project in connection with which the assistance is given or used;(3) the amount and nature of the portion of the cost of the project provided by other sources; and(4) such other records as will facilitate an effective audit.
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(b) The Secretary, the Inspector General of the Department, and the Comptroller General of the United States, or any duly authorized representative, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that relate to assistance received under this chapter.
Citations to §3122(14)
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(2) economic growth in the States, cities, and rural areas of the United States is produced by expanding economic opportunities, expanding free enterprise through trade, developing and strengthening public infrastructure, and creating a climate for job creation and business development;
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(4) while economic development is an inherently local process, the Federal Government should work in partnership with public and private State, regional, tribal, and local organizations to maximize the impact of existing resources and enable regions, communities, and citizens to participate more fully in the American dream and national prosperity;
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(5) in order to avoid duplication of effort and achieve meaningful, long-lasting results, Federal, State, tribal, and local economic development activities should have a clear focus, improved coordination, a comprehensive approach, and simplified and consistent requirements; and
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(2) local communities should work in partnership with neighboring communities, the States, Indian tribes, and the Federal Government to increase the capacity of the local communities to develop and implement comprehensive economic development strategies to alleviate economic distress and enhance competitiveness in the global economy;
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(a) In providing assistance under this subchapter, the Secretary shall cooperate with States and other entities to ensure that, consistent with national objectives, Federal programs are compatible with and further the objectives of State, regional, and local economic development plans and comprehensive economic development strategies.
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(b) The Secretary may provide such technical assistance to States, political subdivisions of States, sub-State regional organizations (including organizations that cross State boundaries), multi-State regional organizations, and nonprofit organizations as the Secretary determines is appropriate to—(1) alleviate economic distress;(2) encourage and support public-private partnerships for the formation and improvement of economic development strategies that sustain and promote economic development across the United States; and(3) promote investment in infrastructure and technological capacity to keep pace with the changing global economy.
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(c) The Secretary shall promulgate regulations to ensure that appropriate State and local government agencies have been given a reasonable opportunity to review and comment on proposed projects under this subchapter that the Secretary determines may have a significant direct impact on the economy of the area.
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(a) The Secretary shall coordinate activities relating to the preparation and implementation of comprehensive economic development strategies under this chapter with Federal agencies carrying out other Federal programs, States, economic development districts, Indian tribes, and other appropriate planning and development organizations.
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(1) To carry out subsection (a), or for any other purpose relating to economic development activities, the Secretary may convene meetings with Federal agencies, State and local governments, economic development districts, Indian tribes, and other appropriate planning and development organizations.
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(iii) the State Cochairpersons of the Regional Commissions, or their designees.
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(d) Not more than 15 percent of the amounts made available to carry out this section may be expended in any 1 State.
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(3) expenses related to updating economic development plans to align with other applicable State, regional, or local planning efforts; and
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(B) identifying and using other Federal, State, and Tribal economic development programs;
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(1) 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 located wholly or partially in the State.
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(2) As a condition of receipt of assistance for a State plan under this subsection, the State shall have or develop a comprehensive economic development strategy.
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(3) Before providing assistance for a State plan under this section, the Secretary shall consider the extent to which the State will consider local and economic development district plans.
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(4) 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 investment strategy of a State;(E) promote the use of technology in economic 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.
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(D) assist in carrying out the workforce investment strategy of a State;
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(2) In the case of a grant to a State, or a political subdivision of a State, that the Secretary determines has exhausted the effective taxing and borrowing capacity of the State or political subdivision or can otherwise document that no local matching funds are reasonably obtainable, or in the case of a grant to a nonprofit organization that the Secretary determines 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.
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(4) In the case of a grant to a political subdivision of a State (as described in section 3122(6)(A)(iv) of this title) that has a population 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 paragraph (1) up to 100 percent of the total cost of the project.
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(3) In the case of a project assisted under this section that is national or regional in scope, the Secretary may waive the provision in section 3122(6)(A)(vi) of this title requiring a nonprofit organization or association to act in cooperation with officials of a political subdivision of a State.
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(2) The Secretary shall ensure that the network of university centers established under this subsection provides services in each State.
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(B) collaborate with economic development districts and other relevant Federal economic development technical assistance and service providers to provide expertise and technical assistance to develop, implement, and support comprehensive economic development strategies and other economic development planning at the local, regional, and State levels, with a focus on innovation, entrepreneurship, workforce development, and regional economic development;
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(6) in the case of an eligible recipient that is a State, subject to subsection (c), a State program to support individual trainees for employment in critical industries with high demand and vacancies necessary for further economic development of the applicable State that—(A) requires significant post-secondary training; but(B) does not require a post-secondary degree.
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(1) The Secretary may award grants to States for the purpose described in subsection (b)(6).
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(2) To be eligible to receive a grant under this subsection, the Chief Executive of a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, which shall include, at a minimum, the following:(A) A method for identifying critical industry sectors driving in-State economic growth that face staffing challenges for in-demand jobs and careers.(B) A governance structure for the implementation of the program established by the State, including defined roles for the consortia of agencies of such State, at a minimum, to include the State departments of economic development, labor, and education, or the State departments or agencies with jurisdiction over those matters.(C) A strategy for recruiting participants from at least 1 community that meets 1 or more of the criteria described in section 3161(a) of this title.(D) A plan for how the State will develop a tracking system for eligible programs, participant enrollment, participant outcomes, and an application portal for individual participants.
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(A) A method for identifying critical industry sectors driving in-State economic growth that face staffing challenges for in-demand jobs and careers.
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(B) A governance structure for the implementation of the program established by the State, including defined roles for the consortia of agencies of such State, at a minimum, to include the State departments of economic development, labor, and education, or the State departments or agencies with jurisdiction over those matters.
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(D) A plan for how the State will develop a tracking system for eligible programs, participant enrollment, participant outcomes, and an application portal for individual participants.
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(A) necessary costs to carry out the matters described in this subsection, including tuition and stipends for individuals that receive funds under the program established by the applicable State, subject to the requirements described in paragraph (6); and
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(6) A State shall ensure that grant funds provided under this subsection to each individual that receives funds under the program established by the applicable State is the lesser of the following amounts:(A) In a case in which the individual is also eligible for a Federal Pell Grant under section 1070a of title 20 for enrollment at the applicable training program for any award year of the training program, $11,000 minus the amount of the awarded Federal Pell Grant.(B) For an individual not described in paragraph (1), the lesser of—(i) $11,000; and(ii) the total cost of the training program in which the individual is enrolled, including tuition, fees, career navigation services, textbook costs, expenses related to assessments and exams for certification or licensure, equipment costs, and wage stipends (in the case of a training program that is an earn-and-learn program).
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(1) A determination of eligibility under subsection (a) shall be supported by the most recent Federal data available (including data available from the Bureau of Economic Analysis, the Bureau of Labor Statistics, the Census 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.
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(A) a comprehensive economic development strategy for addressing the economic problems identified under paragraph (1) in a manner that promotes economic development and opportunity, fosters effective transportation access, 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), enhances and protects the environment, including to mitigate and adapt to the economic impacts of extreme weather, and balances resources through sound management of development; and
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(a) 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 resources, to foster economic development on a scale involving more than a single area described 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 investment; and
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(1) invite the States to determine boundaries for proposed economic development districts;
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(2) cooperate with the States—(A) in sponsoring and assisting district economic planning and economic development groups; and(B) in assisting the district groups in formulating comprehensive economic development strategies for districts; and
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(B) links to State economic development organizations; and
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(B) hosting or attending convenings related to identification of additional Federal, State, local, and philanthropic entities and resources;
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(13) sue and be sued in any court of record of a State having general jurisdiction or in any United States district court, except that no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Secretary or the property of the Secretary; and
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Nothing in this chapter authorizes or permits any reduction in the amount of Federal assistance that any State or other entity eligible under this chapter is entitled to receive under any other Act.
Citations to §3122(15)
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(7) promote travel and tourism; or
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(5) the loss of manufacturing, travel and tourism, natural resource-based, blue economy, or agricultural jobs, for reinvesting in and diversifying the economies of the communities;
Citations to §3122(16)
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(1) there continue to be areas of the United States experiencing chronic high unemployment, underemployment, outmigration, and low per capita incomes, as well as areas facing sudden and severe economic dislocations because of structural economic changes, changing trade patterns, certain Federal actions (including environmental requirements that result in the removal of economic activities from a locality), and natural disasters;
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(2) economic growth in the States, cities, and rural areas of the United States is produced by expanding economic opportunities, expanding free enterprise through trade, developing and strengthening public infrastructure, and creating a climate for job creation and business development;
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(6) Federal economic development efforts will be more effective if the efforts are coordinated with, and build upon, the trade, workforce investment, transportation, and technology programs of the United States.
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(b) In order to promote a strong and growing economy throughout the United States, Congress declares that—(1) assistance under this chapter should be made available to both rural- and urban-distressed communities;(2) local communities should work in partnership with neighboring communities, the States, Indian tribes, and the Federal Government to increase the capacity of the local communities to develop and implement comprehensive economic development strategies to alleviate economic distress and enhance competitiveness in the global economy;(3) whether suffering from long-term distress or a sudden dislocation, distressed communities should be encouraged to support entrepreneurship to take advantage of the development opportunities afforded by technological innovation and expanding newly opened global markets; and(4) assistance under this chapter should be made available to promote the productive reuse of abandoned industrial facilities and the redevelopment of brownfields.
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No person in the United States shall, on the ground of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance under the Public Works and Economic Development Act of 1965 [42 U.S.C. 3121 et seq.].
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(2) encourage and support public-private partnerships for the formation and improvement of economic development strategies that sustain and promote economic development across the United States; and
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(4) the project supports industries determined by the Secretary to be of strategic importance to the national or economic security of the United States.
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(a) 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 resources, to foster economic development on a scale involving more than a single area described 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 investment; and
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(13) sue and be sued in any court of record of a State having general jurisdiction or in any United States district court, except that no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Secretary or the property of the Secretary; and
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(b) The Secretary, the Inspector General of the Department, and the Comptroller General of the United States, or any duly authorized representative, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that relate to assistance received under this chapter.
Citations to §3122(17)
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(D) establishment of university centers;
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(1) In accordance with subsection (a)(2)(D), the Secretary may make grants to institutions of higher education to serve as university centers.
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(2) The Secretary shall ensure that the network of university centers established under this subsection provides services in each State.
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(3) To the maximum extent practicable, a university center established under this subsection shall—(A) collaborate with other university centers;(B) collaborate with economic development districts and other relevant Federal economic development technical assistance and service providers to provide expertise and technical assistance to develop, implement, and support comprehensive economic development strategies and other economic development planning at the local, regional, and State levels, with a focus on innovation, entrepreneurship, workforce development, and regional economic development;(C) provide technical assistance, business development, and technology transfer services to businesses in the area served by the university center;(D) establish partnerships with 1 or more commercialization intermediaries that are public or nonprofit technology transfer organizations eligible to receive a grant under section 1862s–9 of this title;(E) promote local and regional capacity building; and(F) provide to communities and regions assistance relating to data collection and analysis and other research relating to economic conditions and vulnerabilities that can inform economic development and adjustment strategies.
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(A) collaborate with other university centers;
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(C) provide technical assistance, business development, and technology transfer services to businesses in the area served by the university center;
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(B) the location of the university center in or near a distressed community.
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(a) The Secretary shall conduct an evaluation of each university center and each economic development district that receives grant assistance under this chapter (each referred to in this section as a “grantee”) to assess the grantee’s performance and contribution toward retention and creation of employment.
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(b) The purpose of the evaluations of university centers under subsection (a) shall be to determine which university centers are performing well and are worthy of continued grant assistance under this chapter, and which should not receive continued assistance, so that university centers that have not previously received assistance may receive assistance.
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(2) The criteria for evaluation of a university center shall, at a minimum, provide for an assessment of the center’s contribution to providing technical assistance, conducting applied research, program performance, and disseminating results of the activities of the center.
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(e) In conducting an evaluation of a university center or economic development district under subsection (a), the Secretary shall provide for the participation of at least 1 other university center or economic development district, as appropriate, on a cost-reimbursement basis.