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Title 42 — The Public Health and Welfare

Chapter 38 — Public Works and Economic Development

§ 3144. Cost sharing

Statutory text

(a)

Federal share

Except as provided in subsection (c), the Federal 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-Federal share of the cost of a project, the Secretary may provide credit toward the non-Federal share for all contributions both in cash and in-kind, fairly evaluated, including contributions of space, equipment, assumptions of debt, and services.

(2)

Regional Commission funds

Notwithstanding any other provision of law, any funds contributed by a Regional Commission 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 percentage 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 political subdivision of a State, that the Secretary determines has exhausted the effective taxing and borrowing capacity of the State or political subdivision or can otherwise document that no local matching funds are reasonably obtainable, or in the case of a grant to a nonprofit organization that the Secretary determines 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 increase 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 subdivision of a State (as described in section 3122(6)(A)(iv) of this title) that has a population 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 paragraph (1) up to 100 percent of the total cost of the project.

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.

  1. Public Works and Economic Development Act of 1965

    Pub. L. 89–136 title II § 204 · 79 Stat. 552

    Enacted · 42 U.S.C. § 3144

    Pub. L. 89–136, title II, § 204, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3603

    Source evidence

    Code source credit
    Pub. L. 89–136, title II, § 204, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3603

  2. Pub. L. 108–373 § 202(a) · 118 Stat. 1756

    1. Added · 42 U.S.C. § 3144(a)

      Pub. L. 108–373, § 202(a), added subsec. (a)

    2. Struck · 42 U.S.C. § 3144(a)

      Pub. L. 108–373, § 202(a), struck out heading and text of former subsec. (a). Text read as follows: “Subject to section 3145 of this title, the amount of a grant for a project under this subchapter shall not exceed 50 percent of the cost of the project.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–373, § 202(a), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “Subject to section 3145 of this title, the amount of a grant for a project under this subchapter shall not exceed 50 percent of the cost of the project.”

    Enacted provision · exact public law section
    (a) Federal Share.— Section 204 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3144) is amended by striking subsection (a) and inserting the following: “(a) Federal Share.— Except as provided in subsection (c), the Federal share of the cost of any project carried out under this title shall not exceed— “(1) 50 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.” .

  3. Pub. L. 108–373 § 202(b) · 118 Stat. 1756

    Inserted · 42 U.S.C. § 3144(b)

    Pub. L. 108–373, § 202(b), inserted “assumptions of debt,” after “equipment,”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–373, § 202(b), inserted “assumptions of debt,” after “equipment,”.

    Enacted provision · exact public law section
    (b) Non-Federal Share.— Section 204(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3144(b)) is amended by inserting “assumptions of debt,” after “equipment,”.

  4. Pub. L. 108–373 § 202(c) · 118 Stat. 1756

    Added · 42 U.S.C. § 3144(c)

    Pub. L. 108–373, § 202(c), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 108–373, § 202(c), added subsec. (c).

    Enacted provision · exact public law section
    (c) Increase in Federal Share.— Section 204 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3144) is amended by adding at the end the following: “(c) Increase in Federal Share.— “(1) Indian tribes.— In the case of a grant to an Indian tribe for a project under this title, the Secretary may increase the Federal share above the percentage 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 political subdivision of a State, that the Secretary determines has exhausted the effective taxing and borrowing capacity of the State or political subdivision, or in the case of a grant to a nonprofit organization that the Secretary determines 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 207, the Secretary may increase the Federal share above the percentage specified in subsection (a) up to 100 percent of the cost of the project if the Secretary determines that the project funded by the grant merits, and is not feasible without, such an increase.” .

  5. Pub. L. 118–272 § 2215(1) · 138 Stat. 3181

    Substituted · 42 U.S.C. § 3144(a)(1)

    Pub. L. 118–272, § 2215(1), substituted “60” for “50”

    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, § 2215(1), substituted “60” for “50”.

  6. Pub. L. 118–272 § 2215(2) · 138 Stat. 3181

    1. Amended · 42 U.S.C. § 3144(b)

      Pub. L. 118–272, § 2215(2), designated existing provisions as par. (1)

    2. Inserted · 42 U.S.C. § 3144(b)

      Pub. L. 118–272, § 2215(2), inserted heading

    3. Added · 42 U.S.C. § 3144(b)

      Pub. L. 118–272, § 2215(2), added par. (2)

    Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 118–272, § 2215(2), designated existing provisions as par. (1), inserted heading, and added par. (2).

  7. Pub. L. 118–272 § 2215(3)(A) · 138 Stat. 3181

    Inserted · 42 U.S.C. § 3144(c)(2)

    Pub. L. 118–272, § 2215(3)(A), inserted “or can otherwise document that no local matching funds are reasonably obtainable” after “or political subdivision”

    Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 118–272, § 2215(3)(A), inserted “or can otherwise document that no local matching funds are reasonably obtainable” after “or political subdivision”.

  8. Pub. L. 118–272 § 2215(3)(B) · 138 Stat. 3181

    1. Substituted · 42 U.S.C. § 3144(c)(3)

      Pub. L. 118–272, § 2215(3)(B), substituted “section 3143 or 3147 of this title” for “section 3147 of this title”

    2. Substituted · 42 U.S.C. § 3144(c)(3)

      Pub. L. 118–272, § 2215(3)(B), substituted “project.” for “project if the Secretary determines that the project funded by the grant merits, and is not feasible without, such an increase.”

    Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 118–272, § 2215(3)(B), substituted “section 3143 or 3147 of this title” for “section 3147 of this title” and “project.” for “project if the Secretary determines that the project funded by the grant merits, and is not feasible without, such an increase.”

  9. Pub. L. 118–272 § 2215(3)(C) · 138 Stat. 3181

    Added · 42 U.S.C. § 3144(c)(4)

    Pub. L. 118–272, § 2215(3)(C), added par. (4)

    Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 118–272, § 2215(3)(C), added par. (4).

4 of 13 references resolved to an enrolled provision · 1 partial · 8 unresolved

Editorial Notes

Prior Provisions

A prior section 3144, Pub. L. 89–136, title II, § 204, as added Pub. L. 94–487, title I, § 109, , 90 Stat. 2333; amended Pub. L. 96–470, title I, § 201(d), , 94 Stat. 2241; Pub. L. 96–506, § 1(4), , 94 Stat. 2745; Pub. L. 97–35, title XVIII, § 1821(a)(3), , 95 Stat. 766, authorized interest free loans to carry out approved redevelopment area plans, prior to repeal by Pub. L. 105–393, § 102(a).

Amendments2004–2025 · 2 rounds

2025

Subsec. (a)(1). Pub. L. 118–272, § 2215(1), substituted “60” for “50”.

Subsec. (b). Pub. L. 118–272, § 2215(2), designated existing provisions as par. (1), inserted heading, and added par. (2).

Subsec. (c)(2). Pub. L. 118–272, § 2215(3)(A), inserted “or can otherwise document that no local matching funds are reasonably obtainable” after “or political subdivision”.

Subsec. (c)(3). Pub. L. 118–272, § 2215(3)(B), substituted “section 3143 or 3147 of this title” for “section 3147 of this title” and “project.” for “project if the Secretary determines that the project funded by the grant merits, and is not feasible without, such an increase.”

Subsec. (c)(4). Pub. L. 118–272, § 2215(3)(C), added par. (4).

2004

Subsec. (a). Pub. L. 108–373, § 202(a), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “Subject to section 3145 of this title, the amount of a grant for a project under this subchapter shall not exceed 50 percent of the cost of the project.”

Subsec. (b). Pub. L. 108–373, § 202(b), inserted “assumptions of debt,” after “equipment,”.

Subsec. (c). Pub. L. 108–373, § 202(c), added subsec. (c).

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 · 3 acts
  1. 1998Pub. L. 89–136, title II, § 204, as added Pub. L. 105–393, title I, § 102(a), , 112 Stat. 3603
  2. 2004amended Pub. L. 108–373, title II, § 202, , 118 Stat. 1759
  3. 2025Pub. L. 118–272, div. B, title II, § 2215, , 138 Stat. 3181.
Show as published

(Pub. L. 89–136, title II, § 204, as added Pub. L. 105–393, title I, § 102(a), , 112 Stat. 3603; amended Pub. L. 108–373, title II, § 202, , 118 Stat. 1759; Pub. L. 118–272, div. B, title II, § 2215, , 138 Stat. 3181.)

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