40 U.S.C. § 15101

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 15101 - Definitions

In this subtitle, the following definitions apply:

(1) COMMISSION.-The term "Commission" means a Commission or Authority established under section 15301.

(2) LOCAL DEVELOPMENT DISTRICT.-The term "local development district" means an entity that-

(A)

(i) is an economic development district that is-

(I) in existence on the date of the enactment of this chapter; and

(II) located in the region; or

(ii) if an entity described in clause (i) does not exist-

(I) is organized and operated in a manner that ensures broad-based community participation and an effective opportunity for local officials, community leaders, and the public to contribute to the development and implementation of programs in the region;

(II) is governed by a policy board with at least a simple majority of members consisting of-

(aa) elected officials; or

(bb) designees or employees of a general purpose unit of local government that have been appointed to represent the unit of local government; and

(III) is certified by the Governor or appropriate State officer as having a charter or authority that includes the economic development of counties, portions of counties, or other political subdivisions within the region; and

(B) has not, as certified by the Federal Cochairperson-

(i) inappropriately used Federal grant funds from any Federal source; or

(ii) appointed an officer who, during the period in which another entity inappropriately used Federal grant funds from any Federal source, was an officer of the other entity.

(3) FEDERAL GRANT PROGRAM.-The term "Federal grant program" means a Federal grant program to provide assistance in carrying out economic and community development activities.

(4) INDIAN TRIBE.-The term "Indian tribe" has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).¹

(5) NONPROFIT ENTITY.-The term "nonprofit entity" means any organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code that has been formed for the purpose of economic development.

(6) REGION.-The term "region" means the area covered by a Commission as described in subchapter II of chapter 157.²

¹See References in Text note below.

²So in original. Probably means chapter 4 of this subtitle.

40 U.S.C. § 15101

Added Pub. L. 110-234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1468, and Pub. L. 110-246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2230; amended Pub. L. 117-328, div. O, title IV, §401(a)(2), Dec. 29, 2022, 136 Stat. 5228.

EDITORIAL NOTES

REFERENCES IN TEXTThe date of the enactment of this chapter, referred to in par. (2)(A)(i)(I), is the date of enactment of Pub. L. 110-246 which was approved June 18, 2008. Section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), referred to in par. (4), was classified to section 450b of Title 25, Indians, prior to editorial reclassification and renumbering as section 5304 of Title 25.Section 501 of the Internal Revenue Code of 1986, referred to in par. (5), is classified to section 501 of Title 26, Internal Revenue Code.

CODIFICATION Pub. L. 110-234 and Pub. L. 110-246 enacted identical sections. Pub. L. 110-234 was repealed by section 4(a) of Pub. L. 110-246.

AMENDMENTS2022-Par. (1). Pub. L. 117-328 inserted "or Authority" after "a Commission".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATEEnactment of this subtitle and repeal of Pub. L. 110-234 by Pub. L. 110-246 effective May 22, 2008, the date of enactment of Pub. L. 110-234 except as otherwise provided, see section 4 of Pub. L. 110-246 set out as a note under section 8701 of Title 7, Agriculture. Pub. L. 110-234, title XIV, §14217(d), May 22, 2008, 122 Stat. 1482, and Pub. L. 110-246, §4(a), title XIV, §14217(d), June 18, 2008, 122 Stat. 1664, 2244, provided that: "This section [enacting this subtitle, redesignating former subtitle V as subtitle VI of this title, and amending section 11 of the Inspector General Act of 1978, Pub. L. 95-452, set out in the Appendix to Title 5, Government Organization and Employees], and the amendments made by this section, shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [June 18, 2008]."[Pub. L. 110-234 and Pub. L. 110-246 enacted identical provisions. Pub. L. 110-234 was repealed by section 4(a) of Pub. L. 110-246 set out as a note under section 8701 of Title 7, Agriculture.]