
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6705]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                   CHAPTER 80--PUBLIC WORKS EMPLOYMENT
 
                    SUBCHAPTER I--LOCAL PUBLIC WORKS
 
Sec. 6705. Limitations on use of grants


(a) Projects relating to natural watercourse or canals

    No grant shall be made under section 6702, 6703, or 6704 of this 
title for any project having as its principal purpose the 
channelization, damming, diversion, or dredging of any natural 
watercourse, or the construction or enlargement of any canal (other than 
a canal or raceway designated for maintenance as an historic site) and 
having as its permanent effect the channelization, damming, diversion, 
or dredging of such watercourse or construction or enlargement of any 
canal (other than a canal or raceway designated for maintenance as an 
historic site).

(b) Acquisition of interest in real property

    No part of any grant made under section 6702, 6703, or 6704 of this 
title shall be used for the acquisition of any interest in real 
property.

(c) Maintenance costs

    Nothing in this chapter shall be construed to authorize the payment 
of maintenance costs in connection with any projects constructed (in 
whole or in part) with Federal financial assistance under this chapter.

(d) Commencement of on-site labor within 90 days of project approval as 
        prerequisite

    Grants made by the Secretary under this chapter shall be made only 
for projects for which the applicant gives satisfactory assurances, in 
such manner and form as may be required by the Secretary and in 
accordance with such terms and conditions as the Secretary may 
prescribe, that, if funds are available, on-site labor can begin within 
ninety days of project approval.

(e) Performance of projects by State or local governments prohibited; 
        competitive bidding; illegal aliens

    (1) No part of the construction (including demolition and other site 
preparation activities), renovation, repair, or other improvement of any 
public works project for which a grant is made under this chapter after 
May 13, 1977, shall be performed directly by any department, agency, or 
instrumentality of any State or local government. Construction of each 
such project shall be performed by contract awarded by competitive 
bidding, unless the Secretary shall affirmatively find that, under the 
circumstances relating to such project, some other method is in the 
public interest. Contracts for the construction of each project shall be 
awarded only on the basis of the lowest responsive bid submitted by a 
bidder meeting established criteria of responsibility. No requirement or 
obligation shall be imposed as a condition precedent to the award of a 
contract to such bidder for a project, or to the Secretary's concurrence 
in the award of a contract to such bidder, unless such requirement or 
obligation is otherwise lawful and is specifically set forth in the 
advertised specifications.
    (2) No grant shall be made under this chapter for any local public 
works project unless the State or local government applying for such 
grant submits with its application a certification acceptable to the 
Secretary that no contract will be awarded in connection with such 
project to any bidder who will employ on such project any alien in the 
United States in violation of the Immigration and Nationality Act [8 
U.S.C. 1101 et seq.] or any other law, convention, or treaty of the 
United States relating to the immigration, exclusion, deportation, or 
expulsion of aliens.

(f) Use of products made in United States; minority business enterprises

    (1)(A) Notwithstanding any other provision of law, no grant shall be 
made under this chapter for any local public works project unless only 
such unmanufactured articles, materials, and supplies as have been mined 
or produced in the United States, and only such manufactured articles, 
materials, and supplies as have been manufactured in the United States 
substantially all from articles, materials, and supplies mined, 
produced, or manufactured, as the case may be, in the United States, 
will be used in such project.
    (B) Subparagraph (A) of this paragraph shall not apply in any case 
where the Secretary determines it to be inconsistent with the public 
interest, or the cost to be unreasonable, or if articles, materials, or 
supplies of the class or kind to be used or the articles, materials, or 
supplies from which they are manufactured are not mined, produced, or 
manufactured, as the case may be, in the United States in sufficient and 
reasonably available commercial quantities and of a satisfactory 
quality.
    (2) Except to the extent that the Secretary determines otherwise, no 
grant shall be made under this chapter for any local public works 
project unless the applicant gives satisfactory assurance to the 
Secretary that at least 10 per centum of the amount of each grant shall 
be expended for minority business enterprises. For purposes of this 
paragraph, the term ``minority business enterprise'' means a business at 
least 50 per centum of which is owned by minority group members or, in 
case of a publicly owned business, at least 51 per centum of the stock 
of which is owned by minority group members. For the purposes of the 
preceding sentence, minority group members are citizens of the United 
States who are Negroes, Spanish-speaking, Orientals, Indians, Eskimos, 
and Aleuts.

(g) Accessibility standards for handicapped and elderly

    No grant shall be made under this chapter for any project for which 
the applicant does not give assurances satisfactory to the Secretary 
that the project will be designed and constructed in accordance with the 
standards for accessibility for public buildings and facilities to the 
handicapped and elderly under the Act entitled ``An Act to insure that 
certain buildings financed with Federal funds are so designed and 
constructed as to be accessible to the physically handicapped'', 
approved August 12, 1968 (42 U.S.C. 4151 et seq.). The Architectural and 
Transportation Barriers Compliance Board established by the 
Rehabilitation Act of 1973 (P.L. 93-112) [29 U.S.C. 701 et seq.] is 
authorized to insure that any construction and renovation done pursuant 
to any grant made under this chapter complies with the accessibility 
standards for public bunldings \1\ and facilities issued under the Act 
of August 12, 1968.
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    \1\ So in original. Probably should be ``buildings''.
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(Pub. L. 94-369, title I, Sec. 106, July 22, 1976, 90 Stat. 1000; Pub. 
L. 95-28, title I, Sec. 103, May 13, 1977, 91 Stat. 116.)

                       References in Text

    The Immigration and Nationality Act, referred to in subsec. (e)(2), 
is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is 
classified principally to chapter 12 (Sec. 1101 et seq.) of Title 8, 
Aliens and Nationality. For complete classification of this Act to the 
Code, see Short Title note set out under section 1101 of Title 8 and 
Tables.
    Act of August 12, 1968, entitled ``An Act to insure that certain 
buildings financed with Federal funds are so designed and constructed as 
to be accessible to the physically handicapped'', referred to in subsec. 
(g), is Pub. L. 90-480, Aug. 12, 1968, 82 Stat. 718, as amended, 
popularly known as the Architectural Barriers Act of 1968, which is 
classified generally to chapter 51 (Sec. 4151 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 4151 of this title and Tables.
    The Rehabilitation Act of 1973, referred to in subsec. (g), is Pub. 
L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is classified 
generally to chapter 16 (Sec. 701 et seq.) of Title 29, Labor. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 701 of Title 29 and Tables.


                               Amendments

    1977--Subsecs. (e) to (g). Pub. L. 95-28 added subsecs. (e) to (g).

                  Section Referred to in Other Sections

    This section is referred to in section 6707 of this title.
