
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3145]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 38--PUBLIC WORKS AND ECONOMIC DEVELOPMENT
 
     SUBCHAPTER II--GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT
 
Sec. 3145. Supplementary grants


(a) Definition of designated Federal grant program

    In this section, the term ``designated Federal grant program'' means 
any Federal grant program that--
        (1) provides assistance in the construction or equipping of 
    public works, public service, or development facilities;
        (2) the Secretary designates as eligible for an allocation of 
    funds under this section; and
        (3) assists projects that are--
            (A) eligible for assistance under this subchapter; and
            (B) consistent with a comprehensive economic development 
        strategy.

(b) Supplementary grants

                           (1) In general

        On the application of an eligible recipient, the Secretary may 
    make a supplementary grant for a project for which the eligible 
    recipient is eligible but, because of the eligible recipient's 
    economic situation, for which the eligible recipient cannot provide 
    the required non-Federal share.

                       (2) Purposes of grants

        Supplementary grants under paragraph (1) may be made for 
    purposes that shall include enabling eligible recipients to use--
            (A) designated Federal grant programs; and
            (B) direct grants authorized under this subchapter.

(c) Requirements applicable to supplementary grants

                 (1) Amount of supplementary grants

        Subject to paragraph (4), the amount of a supplementary grant 
    under this subchapter for a project shall not exceed the applicable 
    percentage of the cost of the project established by regulations 
    promulgated by the Secretary, except that the non-Federal share of 
    the cost of a project (including assumptions of debt) shall not be 
    less than 20 percent.

                  (2) Form of supplementary grants

        In accordance with such regulations as the Secretary may 
    promulgate, the Secretary shall make supplementary grants by 
    increasing the amounts of grants authorized under this subchapter or 
    by the payment of funds made available under this chapter to the 
    heads of the Federal agencies responsible for carrying out the 
    applicable Federal programs.

        (3) Federal share limitations specified in other laws

        Notwithstanding any requirement as to the amount or source of 
    non-Federal funds that may be applicable to a Federal program, funds 
    provided under this section may be used to increase the Federal 
    share for specific projects under the program that are carried out 
    in areas described in section 3161(a) of this title above the 
    Federal share of the cost of the project authorized by the law 
    governing the program.

                     (4) Lower non-Federal share

        (A) Indian tribes

            In the case of a grant to an Indian tribe, the Secretary may 
        reduce the non-Federal share below the percentage specified in 
        paragraph (1) or may waive the non-Federal share.

        (B) 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 its effective taxing and borrowing capacity, or in the 
        case of a grant to a nonprofit organization that the Secretary 
        determines has exhausted its effective borrowing capacity, the 
        Secretary may reduce the non-Federal share below the percentage 
        specified in paragraph (1).

(Pub. L. 89-136, title II, Sec. 205, as added Pub. L. 105-393, title I, 
Sec. 102(a), Nov. 13, 1998, 112 Stat. 3603.)

                  Section Referred to in Other Sections

    This section is referred to in sections 3144, 3147, 3150, 3151, 3173 
of this title.
