42 U.S.C. § 3143 — Grants for planning and grants for admin-

Page 5851 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3143 § 3142. Base closings and realignments Notwithstanding any other provision of law, the Secretary may provide to an eligible recipi- ent any assistance available under this sub- chapter for a project to be carried out on a mili- tary 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. (Pub. L. 89–136, title II, § 202, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3602.) Editorial Notes PRIOR PROVISIONS A prior section 3142, Pub. L. 89–136, title II, § 202, Aug. 26, 1965, 79 Stat. 556; Pub. L. 93–423, § 4(b), Sept. 27, 1974, 88 Stat. 1158; Pub. L. 94–487, title I, §§ 107(c), (d), 108, Oct. 12, 1976, 90 Stat. 2332, authorized business loans and loan guarantees, prior to repeal by Pub. L. 105–393, § 102(a). A prior section 3142–1, Pub. L. 91–596, § 28(d), Dec. 29, 1970, 84 Stat. 1618; Pub. L. 93–237, § 2(c), Jan. 2, 1974, 87 Stat. 1024, which authorized loans for small business compliance with occupational safety and health stand- ards, was omitted from the Code in view of the repeal of subchapter II of this chapter by Pub. L. 105–393. A prior section 3142a, Pub. L. 89–298, title II, § 217, Oct. 27, 1965, 79 Stat. 1088, which authorized purchase of in- debtedness and loans for waterways projects, was trans- ferred to section 2220 of Title 33, Navigation and Navi- gable Waters. 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. § 3143. Grants for planning and grants for admin- istrative expenses (a) In general On the application of an eligible recipient, the Secretary may make grants to pay the costs of economic development planning and the admin- istrative expenses of organizations that carry out the planning. (b) Planning process Planning assisted under this subchapter shall be a continuous process involving public offi- cials and private citizens in— (1) analyzing local economies; (2) defining economic development goals; (3) determining project opportunities; and (4) formulating and implementing an eco- nomic development program that includes sys- tematic efforts to reduce unemployment and increase incomes. (c) Use of planning assistance Planning assistance under this subchapter shall be used in conjunction with any other available Federal planning assistance to ensure adequate and effective planning and economical use of funds. (d) Administrative expenses Administrative expenses that may be paid with a grant under this section include— (1) expenses related to carrying out the plan- ning process described in subsection (b); (2) expenses related to project predevelopment; (3) expenses related to updating economic development plans to align with other applica- ble State, regional, or local planning efforts; and (4) expenses related to hiring professional staff to assist communities in— (A) project predevelopment and imple- menting projects and priorities included in— (i) a comprehensive economic develop- ment strategy; or (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. (e) State plans (1) Development 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 lo- cated wholly or partially in the State. (2) Comprehensive economic development strategy As a condition of receipt of assistance for a State plan under this subsection, the State shall have or develop a comprehensive eco- nomic development strategy. (3) Coordination Before providing assistance for a State plan under this section, the Secretary shall con- sider the extent to which the State will con- sider local and economic development district plans. (4) Comprehensive planning process 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 in- vestment strategy of a State; (E) promote the use of technology in eco- nomic 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. (5) Report to Secretary Each State that receives assistance for the development of a plan under this subsection Page 5852 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3144 shall submit to the Secretary an annual report on the planning process assisted under this subsection. (Pub. L. 89–136, title II, § 203, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3602; amended Pub. L. 108–373, title II, § 201, Oct. 27, 2004, 118 Stat. 1759; Pub. L. 118–272, div. B, title II, § 2214, Jan. 4, 2025, 138 Stat. 3180.) Editorial Notes PRIOR PROVISIONS A prior section 3143, Pub. L. 89–136, title II, § 203, Aug. 26, 1965, 79 Stat. 558; Pub. L. 94–273, § 2(25), Apr. 21, 1976, 90 Stat. 376, directed deposit of funds into Economic Development Revolving Fund, prior to repeal by Pub. L. 105–393, § 102(a). AMENDMENTS 2025—Subsecs. (d), (e). Pub. L. 118–272, § 2214(1), (2), added subsec. (d) and redesignated former subsec. (d) as (e). Subsec. (e)(4)(E). Pub. L. 118–272, § 2214(3)(A), sub- stituted ‘‘(including broadband);’’ for ‘‘; and’’. Subsec. (e)(4)(F), (G). Pub. L. 118–272, § 2214(3)(B), (C), added subpar. (F) and redesignated former subpar. (F) as (G). 2004—Subsec. (d)(1). Pub. L. 108–373, § 201(1), inserted ‘‘, to the maximum extent practicable,’’ after ‘‘shall be developed’’. Subsec. (d)(3). Pub. L. 108–373, § 201(2), added par. (3) and struck out heading and text of former par. (3). Text read as follows: ‘‘On completion of a State plan devel- oped with assistance under this section, the State shall— ‘‘(A) certify to the Secretary that, in the develop- ment of the State plan, local and economic develop- ment district plans were considered and, to the max- imum extent practicable, the State plan is consistent with the local and economic development district plans; and ‘‘(B) identify any inconsistencies between the State plan and the local and economic development district plans and provide a justification for each inconsist- ency.’’ Subsec. (d)(4)(D) to (F). Pub. L. 108–373, § 201(3), added subpars. (D) and (E) and redesignated former subpar. (D) as (F). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title. § 3144. Cost sharing (a) Federal share Except as provided in subsection (c), the Fed- eral share of the cost of any project carried out under this subchapter shall not exceed— (1) 60 percent; plus (2) an additional percent that— (A) shall not exceed 30 percent; and (B) is based on the relative needs of the area in which the project will be located, as determined in accordance with regulations promulgated by the Secretary. (b) Non-Federal share (1) In general In determining the amount of the non-Fed- eral share of the cost of a project, the Sec- retary may provide credit toward the non-Fed- eral share for all contributions both in cash and in-kind, fairly evaluated, including con- tributions of space, equipment, assumptions of debt, and services. (2) Regional Commission funds Notwithstanding any other provision of law, any funds contributed by a Regional Commis- sion for a project under this subchapter may be considered to be part of the non-Federal share of the costs of the project. (c) Increase in Federal share (1) Indian tribes In the case of a grant to an Indian tribe for a project under this subchapter, the Secretary may increase the Federal share above the per- centage specified in subsection (a) up to 100 percent of the cost of the project. (2) Certain States, political subdivisions, and nonprofit organizations In the case of a grant to a State, or a polit- ical subdivision of a State, that the Secretary determines has exhausted the effective taxing and borrowing capacity of the State or polit- ical subdivision or can otherwise document that no local matching funds are reasonably obtainable, or in the case of a grant to a non- profit organization that the Secretary deter- mines has exhausted the effective borrowing capacity of the nonprofit organization, the Secretary may increase the Federal share above the percentage specified in subsection (a) up to 100 percent of the cost of the project. (3) Training, research, and technical assistance In the case of a grant provided under section 3143 or 3147 of this title, the Secretary may in- crease the Federal share above the percentage specified in subsection (a) up to 100 percent of the cost of the project. (4) Small communities In the case of a grant to a political subdivi- sion of a State (as described in section 3122(6)(A)(iv) of this title) that has a popu- lation of fewer than 10,000 residents and meets 1 or more of the eligibility criteria described in section 3161(a) of this title, the Secretary may increase the Federal share under para- graph (1) up to 100 percent of the total cost of the project. (Pub. L. 89–136, title II, § 204, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3603; amended Pub. L. 108–373, title II, § 202, Oct. 27, 2004, 118 Stat. 1759; Pub. L. 118–272, div. B, title II, § 2215, Jan. 4, 2025, 138 Stat. 3181.) Editorial Notes PRIOR PROVISIONS A prior section 3144, Pub. L. 89–136, title II, § 204, as added Pub. L. 94–487, title I, § 109, Oct. 12, 1976, 90 Stat. 2333; amended Pub. L. 96–470, title I, § 201(d), Oct. 19, 1980, 94 Stat. 2241; Pub. L. 96–506, § 1(4), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97–35, title XVIII, § 1821(a)(3), Aug. 13, 1981, 95 Stat. 766, authorized interest free loans to carry out approved redevelopment area plans, prior to repeal by Pub. L. 105–393, § 102(a). AMENDMENTS 2025—Subsec. (a)(1). Pub. L. 118–272, § 2215(1), sub- stituted ‘‘60’’ for ‘‘50’’.