Chapter 38, Subchapter VI, Section 3211, Subsection (d) · 42 U.S.C. Chapter 38 — PUBLIC WORKS AND ECONOMIC DEVELOPMENT

Contents

(d)

(1)The powers of the Secretary under this section, relating to property acquired by the Secretary in connection with assistance provided under this chapter, shall extend to property interests of the Secretary relating to projects approved under—

(A)this chapter;

(B)title I of the Public Works Employment Act of 1976 (42 U.S.C. 6701 et seq.);

(C)title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.); and

(D)the Community Emergency Drought Relief Act of 1977 (42 U.S.C. 5184 note; Public Law 95–31).

(2)

(A)Except as provided in subparagraph (B), the Secretary may release, in whole or in part, any real property interest, or tangible personal property interest, in connection with a grant after the date that is 20 years after the date on which the grant was awarded.

(B)

(i)On written request from a recipient of a grant under section 3149(d) 1 of this title, the Secretary shall release, in accordance with this subparagraph, any Federal interest in connection with the grant, if—

(I)the request is made not less than 7 years after the final disbursement of the original grant;

(II)the recipient has complied with the terms and conditions of the grant to the satisfaction of the Secretary;

(III)any proceeds realized from the grant will be used for 1 or more activities that continue to carry out the economic development purposes of this chapter; and

(IV)the recipient includes in the written request a description of how the recipient will use the proceeds of the grant in accordance with subclause (III).

(ii)

(I)Except as provided in subclause (II), the Secretary shall complete all closeout actions for the grant by not later than 180 days after receipt and acceptance of the written request under clause (i).

(II)The Secretary may extend a deadline under subclause (I) by an additional 180 days if the Secretary determines the extension to be necessary.

(iii)Section 3212 of this title shall continue to apply to a project assisted with a grant under section 3149(d) 1 of this title regardless of whether the Secretary releases a Federal interest under clause (i).

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 29

Show every defined term

blue economy
means the sustainable use of marine, lake, or other aquatic resources in support of economic development objectives.
broadband project
means, for the purposes of providing, extending, expanding, or improving high-speed broadband service to further the goals of this chapter—
brownfield site
has the meaning given the term in section 9601(39) of this title.
capacity building
includes all activities associated with early stage community-based project formation and conceptualization, prior to project predevelopment activity, including grants to local community organizations for planning participation, community outreach and engagement activities, research, and mentorship support to move projects from formation and conceptualization to project predevelopment.
coal economy
means the complete supply chain of coal-reliant industries, including—
Commission
means the Nuclear Regulatory Commission.
community advisory board
means a community committee or other advisory organization that—
comprehensive economic development strategy
means a comprehensive economic development strategy approved by the Secretary under section 3162 of this title.
contraction event
means the closure of a facility or a reduction in activity relating to a coal-reliant industry, including an industry described in any of clauses (i) through (iv) of subparagraph (A).
decommission
has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or successor regulations).
Department
means the Department of Commerce.
designated Federal grant program
means any Federal grant program that—
economic development district
includes any economic development district designated by the Secretary under section 3173 of this title (as in effect on the day before the effective date of the Economic Development Administration Reform Act of 1998).
eligible recipient
includes—
Federal agency
means a department, agency, or instrumentality of the United States.
grant
includes a cooperative agreement (within the meaning of chapter 63 of title 31).
high-speed broadband
means the provision of 2-way data transmission with sufficient downstream and upstream speeds to end users to permit effective participation in the economy and to support economic growth, as determined by the Secretary.
Indian tribe
means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or Regional Corporation (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
licensee
has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or successor regulations).
nuclear host community
means an eligible recipient that has been economically impacted, or reasonably demonstrates to the satisfaction of the Secretary that it will be economically impacted, by a nuclear power plant licensed by the Commission that—
outdoor recreation
means all recreational activities, and the economic drivers of those activities, that occur in nature-based environments outdoors.
project predevelopment
means a measure required to be completed before the initiation of a project, including—
Regional Commission
means any of the following:
renewable energy site
means a brownfield site that is redeveloped through the incorporation of 1 or more renewable energy technologies, including solar, wind, geothermal, ocean, and emerging, but proven, renewable energy technologies.
Secretary
means the Secretary of Commerce.
State
means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.
travel and tourism
means any economic activity that primarily serves to encourage recreational or business travel in or to the United States, including activities relating to public or nonprofit entertainment venues in the United States.
United States
means all of the States.
university center
means an institution of higher education or a consortium of institutions of higher education established under section 3147(c)(1) of this title.