§ 6707. Priority and amounts of projects

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. 1976

   Local Public Works Capital Development and Investment Act of 1976

   Pub. L. 94–369 title I § 108 · 90 Stat. 999

   Enacted · 42 U.S.C. § 6707

   Pub. L. 94–369, title I, § 108, July 22, 1976, 90 Stat. 1000

   Source evidence

   Code source credit
   Pub. L. 94–369, title I, § 108, July 22, 1976, 90 Stat. 1000

   Enacted provision · exact public law section
   Sec. 108. (a) Not less than one-half of 1 per centum or more than 12½ per centum of all amounts appropriated to carry out this title shall be granted under this Act for local public works projects within any one State, except that in the case of Guam, Virgin Islands, and American Samoa, not less than one-half of 1 per centum in the aggregate shall be granted for such projects in all three of these jurisdictions. (b) In making grants under this Act, the Secretary shall give priority and preference to public works projects of local governments. (c) In making grants under this Act, if for the three most recent consecutive months, the national unemployment rate is equal to or exceeds 61,4 per centum, the Secretary shall (1) expedite and give priority to applications submitted by States or local governments having unemployment rates for the three most recent consecutive months in excess of the national unemployment rate and (2) shall give priority thereafter to applications submitted by States or local governments having unemployment rates for the three most recent consecutive months in excess of 6% per centum, but less than the national unemployment rate. Information regarding unemployment rates may be furnished either by the Federal Government, or by States or local governments, provided the Secretary determines that the unemployment rates furnished by States or local governments are accurate, and shall provide assistance to States or local governments in the calculation of such rates to insure validity and standardization. (d) Seventy per centum of all amounts appropriated to carry out this Act shall be granted for public works projects submitted by State or local governments given priority under clause (1) of the first sentence of subsection (c) of this section. The remaining 30 per centum shall be available for public works projects submitted by State or local governments in other classifications of priority. (e) The unemployment rate of a local government shall, for the purposes of this Act, and upon request of the applicant, be based upon the unemployment rate of any community or neighborhood (defined without regard to political or other subdivisions or boundaries) within the jurisdiction of such local government, except that any grant made to a local government based upon the unemployment rate of a community or neighborhood within its jurisdiction must be for a project of direct benefit to, or provide employment for, unemployed persons who are residents of that community or neighborhood. (f) In determining the unemployment rate of a local government for the purposes of this section, unemployment in those adjoining areas from which the labor force for such project may be drawn, shall, upon request, of the applicant, be taken into consideration. (g) States and local governments making application under this Act should (1) relate their specific requests to existing approved plans and programs of a local community development or regional development nature so as to avoid harmful or costly inconsistencies or contradictions; and (2) where feasible, make requests which, although capable of early initiation, will promote or advance longer range plans and programs.

2. 1977

   Public Works Employment Act of 1977

   Pub. L. 95–28 § 105 · 91 Stat. 116

   1. Added · 42 U.S.C. § 6707(a)

      Pub. L. 95–28, § 105, added par. (1) and introductory provisions preceding par. (1), par. (2), and, in par. (3), introductory provisions preceding cl. (A) and cl. (B)

   2. Amended · 42 U.S.C. § 6707(a)

      Pub. L. 95–28, § 105, designated existing provisions as cl. (A) of par. (3) and, in such cl. (A) as so designated

   3. Inserted · 42 U.S.C. § 6707(a)

      Pub. L. 95–28, § 105, inserted reference to Trust Territory of the Pacific Islands

   4. Substituted · 42 U.S.C. § 6707(a)

      Pub. L. 95–28, § 105, substituted “three-quarters of one percentum” for “one-half of one percentum”

   5. Substituted · 42 U.S.C. § 6707(a)

      Pub. L. 95–28, § 105, substituted “of such funds” for “of all amounts appropriated to carry out this subchapter”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–28, § 105, added par. (1) and introductory provisions preceding par. (1), par. (2), and, in par. (3), introductory provisions preceding cl. (A) and cl. (B), designated existing provisions as cl. (A) of par. (3) and, in such cl. (A) as so designated, inserted reference to Trust Territory of the Pacific Islands and substituted “three-quarters of one percentum” for “one-half of one percentum” and “of such funds” for “of all amounts appropriated to carry out this subchapter”.

   Enacted provision · exact public law section
   Sec. 105. Subsection (a) of section 108 of the Local Public Works Funds, allocation. 42 USC 6707. Capital Development and Investment Act of 1976 is amended to read as follows: “(a) The Secretary shall allocate funds appropriated after the date of enactment of the Public Works Employment Act of 1977 under section 111 of this Act as follows: Post, p. 119. “(1) 2½ per centum of such funds shall be set aside and shall be expended only for grants for public works projects under this Act to Indian tribes and Alaska Native villages. None of the remainder of such funds shall be expended for such grants to such tribes and villages. “(2) After the set aside required by paragraph (1) of this subsection, $70,000,000 shall be set aside and expended only for grants for any public works project the application for a grant for which was made under this Act after the date of enactment of this Act and before December 24, 1976, and which application was not received, was not considered, or was rejected solely because of an error by an officer or employee of the United States. Any allocation made to an applicant pursuant to regulation shall be reduced by the amount of any grant made to such applicant under this paragraph. “(3) After the set asides required by paragraphs (1) and (2) of this subsection, 65 per centum of such funds shall be allocated among the States on the basis of the ratio that the number of unemployed persons in each State bears to the total number of unemployed persons in all the States and 35 per centum of such funds shall be allocated among those States with an average unemployment rate for the preceding twelve-month period in excess of 6.5 per centum on the basis of the relative severity of unemployment in each such State, except that (A) no State shall be allocated less than three-quarters or one per centum or more than 12 1/2 per centum of such funds for local public works projects within such State, except that in the case of Guam, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands, not less than one-half of one per centum in the aggregate shall be granted for such projects in all four of these jurisdictions, and (B) no State whose unemployment data was converted for the first time in 1976 to the benchmark data of the current population survey annual average compiled by the Bureau of Labor Statistics shall receive a percentage of such funds less than the percentage of funds allocated to such State under this Act from funds appropriated to carry out this Act prior to the date of enactment of the Public Works Employment Act of 1977.”.

3. 1977

   Public Works Employment Act of 1977

   Pub. L. 95–28 § 106 · 91 Stat. 116

   1. Amended · 42 U.S.C. § 6707(b)

      Pub. L. 95–28, § 106, designated existing provisions as par. (1)

   2. Added · 42 U.S.C. § 6707(b)

      Pub. L. 95–28, § 106, added pars. (2) to (4)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–28, § 106, designated existing provisions as par. (1) and added pars. (2) to (4).

   Enacted provision · exact public law section
   Sec. 106. Subsection (b) of section 108 of the Local Public Works 42 USC 6707. Capital Development and Investment Act of 1976 is amended by— (1) inserting “(1)” immediately after “(b)”; and (2) adding at the end thereof the following new paragraphs: “(2) In making grants for projects for construction, renovation, repair, or other improvement of buildings, the Secretary shall also give consideration as between such building projects to those projects which will result in conserving energy, including, but not limited to, projects to redesign and retrofit existing public facilities for energy conservation purposes, and projects using alternative energy systems. “(3) In making grants under this Act, the Secretary shall also give priority and preference to any public, works project requested by a State or by a special purpose unit of local government which is endorsed by a general purpose local government within such State. “(4) A project requested by a school district shall be accorded the full priority and preference to public works projects of local governments provided in section 108(b) of this Act.”.

4. 1977

   Public Works Employment Act of 1977

   Pub. L. 95–28 § 107(a) · 91 Stat. 116

   Substituted · 42 U.S.C. § 6707(c)

   Pub. L. 95–28, § 107(a), (b), substituted “twelve most recent consecutive months” for “three most recent consecutive months” and authorized the Secretary to waive the application of the first sentence of the subsection to any State which receives a minimum allocation pursuant to subsec. (a)(3) of this section

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 95–28, § 107(a), (b), substituted “twelve most recent consecutive months” for “three most recent consecutive months” and authorized the Secretary to waive the application of the first sentence of the subsection to any State which receives a minimum allocation pursuant to subsec. (a)(3) of this section.

   Enacted provision · exact public law section
   (a) The first sentence of subsection (c) of section 108 of the Local Public Works Capital Development and Investment Act of 1976 is amended by striking out “three most recent consecutive months” each place it appears and inserting in lieu thereof at each such place “twelve most recent consecutive months”.

5. 1977

   Public Works Employment Act of 1977

   Pub. L. 95–28 § 107(c) · 91 Stat. 116

   Substituted · 42 U.S.C. § 6707(d)

   Pub. L. 95–28, § 107(c), substituted provisions directing State or local governments that submit two or more projects to submit as part of their applications the priorities assigned to each project for provisions directing that seventy percentum of all amounts appropriated to carry out this chapter be granted for public works projects submitted by State or local governments given priority under clause (1) of the first sentence of subsec. (c) of this section, with the remaining thirty percentum available for public works projects submitted by State or local governments in other classifications of priority

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 95–28, § 107(c), substituted provisions directing State or local governments that submit two or more projects to submit as part of their applications the priorities assigned to each project for provisions directing that seventy percentum of all amounts appropriated to carry out this chapter be granted for public works projects submitted by State or local governments given priority under clause (1) of the first sentence of subsec. (c) of this section, with the remaining thirty percentum available for public works projects submitted by State or local governments in other classifications of priority.

   Enacted provision · exact public law section
   (c) Subsection (d) of section 108 of such Act is amended to read 42 USC 6707. as follows: “(d) Whenever a State or local government submits applications for grants under this Act for two or more projects, such State or local government shall submit as part of such applications its priority for each such project.”.

6. 1977

   Public Works Employment Act of 1977

   Pub. L. 95–28 § 107(d) · 91 Stat. 116

   Substituted · 42 U.S.C. § 6707(e)

   Pub. L. 95–28, § 107(d), substituted “to be constructed in such community or neighborhood” for “of direct benefit to, or provide employment for, unemployed persons who are residents of that community or neighborhood”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 95–28, § 107(d), substituted “to be constructed in such community or neighborhood” for “of direct benefit to, or provide employment for, unemployed persons who are residents of that community or neighborhood”.

   Enacted provision · exact public law section
   (d) Subsection (e) of section 108 of such Act is amended by striking out “of direct benefit to,” and all that follows down through and including the period at the end of the sentence and inserting in lieu thereof: “to be constructed in such community or neighborhood.”.

7. 1977

   Public Works Employment Act of 1977

   Pub. L. 95–28 § 107(e) · 91 Stat. 116

   Struck · 42 U.S.C. § 6707(f)

   Pub. L. 95–28, § 107(e), struck out subsec. (f) which directed that, in determining the unemployment rate of a local government for purposes of this section, the unemployment in those adjoining areas from which the labor force for such project might be drawn were to be taken into consideration

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 95–28, § 107(e), struck out subsec. (f) which directed that, in determining the unemployment rate of a local government for purposes of this section, the unemployment in those adjoining areas from which the labor force for such project might be drawn were to be taken into consideration.

   Enacted provision · exact public law section
   (e) Subsection (f) of section 108 of such Act is hereby repealed. Repeal.

8. 1977

   Public Works Employment Act of 1977

   Pub. L. 95–28 § 107(f) · 91 Stat. 116

   Added · 42 U.S.C. § 6707(h)(j)

   Pub. L. 95–28, § 107(f), added subsecs. (h) to (j)

   Source evidence

   Code amendment note
   Subsecs. (h) to (j). Pub. L. 95–28, § 107(f), added subsecs. (h) to (j).

   Enacted provision · exact public law section
   (f) Section 108 of such Act is amended by adding at the end thereof the following new subsections: “(h) (1) Except as provided in paragraph (2) of this subsection, the Secretary shall not consider or approve or make a grant for any project for which any application was not submitted for a grant under this Act on or before December 23, 1976. “(2) The Secretary may receive applications for grants for projects under this Act— “(A) from the Trust Territory of the Pacific Islands; “(B) from Indian tribes and Alaska Native villages; “(C) from any applicant to use any allocation which may be made pursuant to regulation, to the extent necessary to expend such allocation, if a sufficient number of applications were not submitted on or before December 23, 1976, to use such allocation. “(i) The Secretary may allow any applicant which has received a grant for a project under this Act to substitute one or more projects for such project if in the judgment of the Secretary (1) the Federal cost in the aggregate of such substituted project or projects does not exceed such grant, (2) such substituted project or projects comply with section 106(d) of this Act, and (3) such substituted project or projects Ante, p. 118. will in fact aid in alleviating drought or other emergency or disaster related conditions or damage. Section 106(a) of this Act shall not apply to projects substituted under this subsection. “(j) Notwithstanding subsection (h)(1) of this section, grants may be made from appropriations made under section 111 of this Act after Post, p. 120. September 30, 1977, to States or local governments for projects for the construction, renovation, repair, or other improvements of health care or rehabilitation facilities owned and operated by private nonprofit entities.”.

13 of 13 references resolved to an enrolled provision