Title 42The Public Health and WelfareRelease 119-73

§3151 Use of funds in projects constructed under projected cost

Title 42 › Chapter CHAPTER 38— - PUBLIC WORKS AND ECONOMIC DEVELOPMENT › Subchapter SUBCHAPTER II— - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT › § 3151

Last updated Apr 6, 2026|Official source

Summary

If a construction grant under sections 3141 or 3149 ends up costing less than the original designs and this is found before the project is closed, the Secretary may let the recipient use the extra funds without another appropriation to raise the Federal share up to the section 3144 limit or to improve the project. Any remaining funds can be used for assistance under this chapter; if the money came from another agency under section 3214, the Secretary must get that agency’s approval to use the funds or return them.

Full Legal Text

Title 42, §3151

The Public Health and Welfare — Source: USLM XML via OLRC

(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.
(b)Any amount of excess funds remaining after application of subsection (a) may be used by the Secretary for providing assistance under this chapter.
(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Prior section 3151 and 3151a were repealed by Pub. L. 105–393, § 102(a). section 3151, Pub. L. 89–136, title III, § 301, Aug. 26, 1965, 79 Stat. 558; Pub. L. 91–123, title III, § 302, Nov. 25, 1969, 83 Stat. 219; Pub. L. 93–46, § 3(a), June 18, 1973, 87 Stat. 96, authorized technical assistance to alleviate or prevent excessive unemployment or underemployment. section 3151a, Pub. L. 89–136, title III, § 302, as added Pub. L. 93–423, § 5(b), Sept. 27, 1974, 88 Stat. 1159; amended Pub. L. 94–487, title I, § 110, Oct. 12, 1976, 90 Stat. 2333, authorized grants for economic development planning.

Amendments

2009—Subsec. (d). Pub. L. 111–68 struck out subsec. (d). Text read as follows: “The Comptroller General of the United States shall regularly review the implementation of this section.” Pub. L. 111–8 added subsec. (d) and struck out former subsec. (d) which required the Comptroller General to review and report on the implementation of this section. 2004—Pub. L. 108–373 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “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

Construction

project, and, after the grant has been made but before completion of the project, the cost of the project based on the designs and specifications that was the basis of the grant has decreased because of decreases in costs— “(1) the Secretary may approve, subject to the availability of appropriations, the use of the excess funds or a portion of the funds to improve the project; and “(2) any amount of excess funds remaining after application of paragraph (1) shall be deposited in the general fund of the Treasury.”

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 3151

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73