Title 40Public Buildings, Property, and WorksRelease 119-73

§15702 Distressed counties and areas

Title 40 › Subtitle SUBTITLE V— - REGIONAL ECONOMIC AND INFRASTRUCTURE DEVELOPMENT › Chapter CHAPTER 157— - ADMINISTRATIVE PROVISIONS › Subchapter SUBCHAPTER I— - GENERAL PROVISIONS › § 15702

Last updated Apr 6, 2026|Official source

Summary

Each Commission must, within 90 days after this law and then every year, sort counties in its region into four groups. Distressed counties are the most badly and long-term hurt, with high poverty, unemployment, or people leaving. Transitional counties are struggling or recently hit by high poverty, unemployment, or outmigration. Attainment counties are those not in the first two groups. Isolated areas of distress are poor pockets inside attainment counties with high poverty, unemployment, or outmigration. At least 50 percent of the money given to a Commission under this subtitle must go to programs for distressed counties and isolated areas of distress. Projects in attainment counties generally cannot get funds, except for administrative grants to local development districts under section 15505, or if the Commission waives the rule for a multicounty project that includes an attainment county or for other projects that would clearly help areas outside the attainment county. That waiver rule does not apply to counties named in paragraphs (2) or (3) of section 15735 or to the Southern New England Regional Commission. Designations of isolated areas must be supported by the most recent Federal data, or by the State’s latest data if Federal data are not available.

Full Legal Text

Title 40, §15702

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)Not later than 90 days after the date of the enactment of this section, and annually thereafter, each Commission shall make the following designations:
(1)The Commission shall designate as distressed counties those counties in its region that are the most severely and persistently economically distressed and underdeveloped and have high rates of poverty, unemployment, or outmigration.
(2)The Commission shall designate as transitional counties those counties in its region that are economically distressed and underdeveloped or have recently suffered high rates of poverty, unemployment, or outmigration.
(3)The Commission shall designate as attainment counties, those counties in its region that are not designated as distressed or transitional counties under this subsection.
(4)The Commission shall designate as isolated areas of distress, areas located in counties designated as attainment counties under paragraph (3) that have high rates of poverty, unemployment, or outmigration.
(b)A Commission shall allocate at least 50 percent of the appropriations made available to the Commission to carry out this subtitle for programs and projects designed to serve the needs of distressed counties and isolated areas of distress in the region.
(c)(1)Except as provided in paragraph (2), funds may not be provided under this subtitle for a project located in a county designated as an attainment county under subsection (a).
(2)(A)The funding prohibition under paragraph (1) shall not apply to grants to fund the administrative expenses of local development districts under section 15505.
(B)A Commission may waive the application of the funding prohibition under paragraph (1) with respect to—
(i)a multicounty project that includes participation by an attainment county; and
(ii)any other type of project, if a Commission determines that the project could bring significant benefits to areas of the region outside an attainment county.
(3)Paragraph (2) shall not apply to—
(A)a county described in paragraph (2) or (3) of section 15735; or
(B)the Southern New England Regional Commission.
(4)For a designation of an isolated area of distress to be effective, the designation shall be supported—
(A)by the most recent Federal data available; or
(B)if no recent Federal data are available, by the most recent data available through the government of the State in which the isolated area of distress is located.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. Codification Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Amendments

2025—Subsec. (c)(3). Pub. L. 118–272, § 2250(c), inserted dash after “to” in introductory provisions and subpar. (A) designation before “a county”, substituted “; or” for period at end, and added subpar. (B). Pub. L. 118–272, § 2249(c)(2), added par. (3). Former par. (3) redesignated (4). Subsec. (c)(4). Pub. L. 118–272, § 2249(c)(1), redesignated par. (3) as (4).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.

Reference

Citations & Metadata

Citation

40 U.S.C. § 15702

Title 40Public Buildings, Property, and Works

Last Updated

Apr 6, 2026

Release point: 119-73