§15501 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

A Commission can give grants to States, local governments, Indian tribes, and public or nonprofit groups for projects it approves under section 15503. Grants can pay for things like roads and transit, basic public services, phone and internet networks, job training and business or tech development, help for very poor areas with health care and services, conservation and tourism, renewable and alternative energy, and other projects that meet the subtitle’s goals. Each fiscal year the Commission must spend at least 40% of its grant money on transportation, basic public infrastructure, telecommunications, or renewable energy. Money can come from this law’s appropriations, other federal programs, or other sources. Normally the Commission can pay up to 50% of a project’s cost; that can rise to 80% for certain distressed counties. For projects spanning 3+ counties or more than one State, the caps can be 60% and 90% if the Commission finds, under section 15302(a), that the project gives big interstate or multicounty benefits. The Commission may only fund projects if doing so won’t reduce other federal or State aid for the same kind of project in the same area. Grants can’t be used to help people or businesses move from one area to another, except to attract businesses from outside the United States.

Title 40, §15501

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

(a)A Commission may make grants to States and local governments, Indian tribes, and public and nonprofit organizations for projects, approved in accordance with section 15503—

(1)to develop the transportation infrastructure of its region;

(2)to develop the basic public infrastructure of its region;

(3)to develop the telecommunications infrastructure of its region;

(4)to assist its region in obtaining job skills training, skills development and employment-related education, entrepreneurship, technology, and business development;

(5)to provide assistance to severely economically distressed and underdeveloped areas of its region that lack financial resources for improving basic health care and other public services;

(6)to promote resource conservation, tourism, recreation, and preservation of open space in a manner consistent with economic development goals;

(7)to promote the development of renewable and alternative energy sources;

(8)to grow the capacity for successful community economic development in its region; and

(9)to otherwise achieve the purposes of this subtitle.

(b)A Commission shall allocate at least 40 percent of any grant amounts provided by the Commission in a fiscal year for projects described in paragraph (1), (2), (3), or (7) of subsection (a).

(c)Grant amounts may be provided entirely from appropriations to carry out this subtitle, in combination with amounts available under other Federal grant programs, or from any other source.

(d)(1)Subject to paragraphs (2) and (3), the Commission may contribute not more than 50 percent of a project or activity cost eligible for financial assistance under this section from amounts appropriated to carry out this subtitle.

(2)The maximum Commission contribution for a project or activity to be carried out in a county for which a distressed county designation is in effect under section 15702 may be increased to 80 percent.

(3)A Commission may increase to 60 percent under paragraph (1) and 90 percent under paragraph (2) the maximum Commission contribution for a project or activity if—

(A)the project or activity involves 3 or more counties or more than one State; and

(B)the Commission determines in accordance with section 15302(a) that the project or activity will bring significant interstate or multicounty benefits to a region.

(e)Funds may be provided by a Commission for a program or project in a State under this section only if the Commission determines that the level of Federal or State financial assistance provided under a law other than this subtitle, for the same type of program or project in the same area of the State within region, will not be reduced as a result of funds made available by this subtitle.

(f)Financial assistance authorized by this section may not be used to assist a person or entity in relocating from one area to another, except that financial assistance may be used as otherwise authorized by this subtitle to attract businesses to the region from outside the United States.

Notes & Related Subsidiaries

Editorial Notes

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

2018—Subsec. (a)(8), (9). Pub. L. 115–334, § 6304(b)(1), added par. (8) and redesignated former par. (8) as (9). Subsec. (b). Pub. L. 115–334, § 6304(b)(2), substituted “paragraph (1), (2), (3), or (7)” for “paragraphs (1) through (3)”. Subsec. (f). Pub. L. 115–334, § 6304(b)(3), substituted “, except that financial assistance may be used as otherwise authorized by this subtitle to attract businesses to the region from outside the United States.” for period at end.

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. Waiver of Requirements Relating to Non-Federal Cost-Share Grants and Cooperative Agreements for the Northern Border Regional Commission Pub. L. 116–260, div. D, title V, § 505(b), Dec. 27, 2020, 134 Stat. 1379, provided that: “Requirements relating to non-Federal cost-share grants and cooperative agreements for the Northern Border Regional Commission under section 15501(d) of title 40, United States Code, are waived for grants awarded in fiscal year 2020 and in subsequent years in response to economic distress directly related to the impacts of the Coronavirus Disease (COVID–19).” State Capacity Building Grant Program Pub. L. 115–334, title VI, § 6304(c), Dec. 20, 2018, 132 Stat. 4750, which authorized the Commission to establish a State capacity building grant program to provide grants to Commission States, was repealed by Pub. L. 118–272, div. B, title II, § 2248(b), Jan. 4, 2025, 138 Stat. 3209.

§15501 Economic and Infrastructure Development Grants