Title 42 — The Public Health and Welfare
Chapter 38 — Public Works and Economic Development
§ 3141. Grants for public works and economic development
Statutory text
In general
On the application of an eligible recipient, the Secretary may make grants for—
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
acquisition, design and engineering, construction, rehabilitation, alteration, expansion, increasing the resilience 1 or improvement of such a facility, including related machinery and equipment.
Criteria for grant
The Secretary may make a grant under this section only if the Secretary determines that—
the project for which the grant is applied for will, directly or indirectly—
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;
assist in the creation of additional long-term employment opportunities in the area; or
primarily benefit the long-term unemployed and underemployed and members of low-income families;
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
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.
Additional considerations
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—
lead to economic diversification in the area, or a part of the area, in which the project is or will be located;
address and mitigate economic impacts from extreme weather events, including development of resilient infrastructure, products, and processes;
benefit highly rural communities without adequate tax revenues to invest in long-term or costly infrastructure;
increase access to high-speed broadband;
support outdoor recreation to spur economic development, with a focus on rural communities;
promote job creation or retention relative to the population of the impacted region with outsized significance;
promote travel and tourism; or
promote blue economy activities.
Maximum assistance for each State
Not more than 15 percent of the amounts made available to carry out this section may be expended in any 1 State.
Footnotes
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Public Works and Economic Development Act of 1965
Pub. L. 89–136 title II § 201 · 79 Stat. 552
Enacted · 42 U.S.C. § 3141
Pub. L. 89–136, title II, § 201, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3601
Source evidence
Code source credit
Pub. L. 89–136, title II, § 201, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3601Enacted provision · exact public law section
Sec. 201. public works and development facility loans (a) Upon the application of any State, or political subdivision thereof, Indian tribe, or private or public nonprofit organization or association representing any redevelopment area or part thereof, the Secretary is authorized to purchase evidence of indebtedness and to make loans to assist in financing the purchase or development of land and improvements for public works, public service, or development facility usage, including public works, public service, and development facility usage, to be provided by agencies of the Federal Government pursuant to legislation requiring that non-Federal entities bear some part of the cost thereof, and the acquisition, construction, rehabilitation, alteration, expansion, or improvement of such facilities, including related machinery and equipment, within a redevelopment area, if he finds that— (1) the project for which financial assistance is sought will directly or indirectly— (A) tend to improve the opportunities, in the area where such project is or will be located, for the successful establishment or expansion of industrial or commercial plants or facilities, (B) otherwise assist in the creation of additional long-term employment opportunities for such area, or (C) primarily benefit the long-term unemployed and members of low-income families or otherwise substantially further the objectives of the Economic Opportunity Act of 1964; 78 Stat. 508. 42 USC 2701 note. (2) the funds requested for such project are not otherwise available from private lenders or from other Federal agencies on terms which in the opinion of the Secretary will permit the accomplishment of the project; (3) the amount of the loan plus the amount of other available funds for such project are adequate to insure the completion thereof; (4) there is a reasonable expectation of repayment; and (5) such area has an approved overall economic development program as provided in section 202(b)(10) and the project for which financial assistance is sought is consistent with such program. (b) Subject to section 701(5), no loan, including renewals or extensions thereof, shall be made under this section for a period exceeding forty years, and no evidence of indebtedness maturing more than forty years from the date of purchase shall be purchased under this section. Such loans shall bear interest at a rate not less than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, adjusted to the nearest one-eighth of 1 per centum, less not to exceed one-ha If of 1 per centum per annum. (c) There are hereby authorized to be appropriated such sums as Appropriation. may be necessary to carry out the provisions of this section and section 202: Provided, That annual appropriations for the purpose of purchasing evidences of indebtedness, making and participating in loans, and guaranteeing loans shall not exceed $170,000,000, for the fiscal year ending June 30, 1966, and for each fiscal year thereafter through t he fiscal year ending June 30, 1970. (d) Except for projects specifically authorized by Congress, no financial assistance shall be extended under this section with respect to any public service or development facility which would compete with an existing privately owned public utility rendering a service to the public at rates or charges subject to regulation by a State or Federal regulatory body, unless the State or Federal regulatory body determines that in the area to be served by the facility for which the financial assistance is to be extended there is a need for an increase in such service (taking into consideration reasonably foreseeable future needs) which tire existing public utility is not able to meet through its existing facilities or through an expansion which it agrees to undertake. (e) The Secretary shall prescribe regulations which will assure that appropriate local governmental authorities have been given a reasonable opportunity to review and comment upon proposed projects under this section.Pub. L. 118–272 § 2213(a)(1)(A) · 138 Stat. 3179
Inserted · 42 U.S.C. § 3141(a)(1)
Pub. L. 118–272, § 2213(a)(1)(A), inserted “or for the improvement of waste management and recycling systems” after “development facility”
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 118–272, § 2213(a)(1)(A), inserted “or for the improvement of waste management and recycling systems” after “development facility”.Pub. L. 118–272 § 2213(a)(1)(B) · 138 Stat. 3179
Inserted · 42 U.S.C. § 3141(a)(2)
Pub. L. 118–272, § 2213(a)(1)(B), inserted “increasing the resilience” after “expansion,”
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 118–272, § 2213(a)(1)(B), inserted “increasing the resilience” after “expansion,”.Pub. L. 118–272 § 2213(a)(2)(A) · 138 Stat. 3179
Substituted · 42 U.S.C. § 3141(b)(1)(A)
Pub. L. 118–272, § 2213(a)(2)(A), substituted “successful establishment, expansion, or retention,” for “successful establishment or expansion”
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(1)(A). Pub. L. 118–272, § 2213(a)(2)(A), substituted “successful establishment, expansion, or retention,” for “successful establishment or expansion”.Pub. L. 118–272 § 2213(a)(2)(B) · 138 Stat. 3179
Inserted · 42 U.S.C. § 3141(b)(1)(C)
Pub. L. 118–272, § 2213(a)(2)(B), inserted “and underemployed” after “unemployed”
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(1)(C). Pub. L. 118–272, § 2213(a)(2)(B), inserted “and underemployed” after “unemployed”.Pub. L. 118–272 § 2213(a)(3) · 138 Stat. 3179
Added · 42 U.S.C. § 3141(c); 42 U.S.C. § 3141(d)
Pub. L. 118–272, § 2213(a)(3), (4), added subsec. (c)
Redesignated · 42 U.S.C. § 3141(c); 42 U.S.C. § 3141(d)
Pub. L. 118–272, § 2213(a)(3), (4), redesignated former subsec. (c) as (d)
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 118–272, § 2213(a)(3), (4), added subsec. (c) and redesignated former subsec. (c) as (d).
1 of 7 references resolved to an enrolled provision · 6 unresolved
Editorial Notes
Prior Provisions
A prior section 3141, Pub. L. 89–136, title II, § 201, , 79 Stat. 554; Pub. L. 91–304, § 1(b), , 84 Stat. 375; Pub. L. 92–65, title I, § 104, , 85 Stat. 167; Pub. L. 93–46, § 2, , 87 Stat. 96; Pub. L. 93–423, § 4(a), , 88 Stat. 1158; Pub. L. 94–487, title I, § 107(a), (b), , 90 Stat. 2332; Pub. L. 96–506, § 1(3), , 94 Stat. 2745; Pub. L. 97–35, title XVIII, § 1821(a)(2), , 95 Stat. 766, authorized public works and development facility loans, prior to repeal by Pub. L. 105–393, § 102(a).
Amendments
2025—Subsec. (a)(1). Pub. L. 118–272, § 2213(a)(1)(A), inserted “or for the improvement of waste management and recycling systems” after “development facility”.
Subsec. (a)(2). Pub. L. 118–272, § 2213(a)(1)(B), inserted “increasing the resilience” after “expansion,”.
Subsec. (b)(1)(A). Pub. L. 118–272, § 2213(a)(2)(A), substituted “successful establishment, expansion, or retention,” for “successful establishment or expansion”.
Subsec. (b)(1)(C). Pub. L. 118–272, § 2213(a)(2)(B), inserted “and underemployed” after “unemployed”.
Subsecs. (c), (d). Pub. L. 118–272, § 2213(a)(3), (4), added subsec. (c) and redesignated former subsec. (c) as (d).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective , see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.
Credits
1998–2025 · 2 acts
- 1998Pub. L. 89–136, title II, § 201, as added Pub. L. 105–393, title I, § 102(a), , 112 Stat. 3601
- 2025amended Pub. L. 118–272, div. B, title II, § 2213(a), , 138 Stat. 3179.
Show as published
(Pub. L. 89–136, title II, § 201, as added Pub. L. 105–393, title I, § 102(a), , 112 Stat. 3601; amended Pub. L. 118–272, div. B, title II, § 2213(a), , 138 Stat. 3179.)