§ 1400E. Designation of renewal communities
(a)
Designation
(1)
Definitions
For purposes of this title, the term “renewal community” means any area—
(A)
which is nominated by 1 or more local governments and the State or States in which it is located for designation as a renewal community (hereafter in this section referred to as a “nominated area”), and
(B)
which the Secretary of Housing and Urban Development designates as a renewal community, after consultation with—
(i)
the Secretaries of Agriculture, Commerce, Labor, and the Treasury; [1] the Director of the Office of Management and Budget, and the Administrator of the Small Business Administration, and
(2)
Number of designations
(B)
Minimum designation in rural areas
Of the areas designated under paragraph (1), at least 12 must be areas—
(i)
which are within a local government jurisdiction or jurisdictions with a population of less than 50,000,
(3)
Areas designated based on degree of poverty, etc.
(A)
In general
Except as otherwise provided in this section, the nominated areas designated as renewal communities under this subsection shall be those nominated areas with the highest average ranking with respect to the criteria described in subparagraphs (B), (C), and (D) of subsection (c)(3). For purposes of the preceding sentence, an area shall be ranked within each such criterion on the basis of the amount by which the area exceeds such criterion, with the area which exceeds such criterion by the greatest amount given the highest ranking.
(B)
Exception where inadequate course of action, etc.
An area shall not be designated under subparagraph (A) if the Secretary of Housing and Urban Development determines that the course of action described in subsection (d)(2) with respect to such area is inadequate.
(C)
Preference for enterprise communities and empowerment zones
With respect to the first 20 designations made under this section, a preference shall be provided to those nominated areas which are enterprise communities or empowerment zones (and are otherwise eligible for designation under this section).
(4)
Limitation on designations
(A)
Publication of regulations
The Secretary of Housing and Urban Development shall prescribe by regulation no later than 4 months after the date of the enactment of this section, after consultation with the officials described in paragraph (1)(B)—
(B)
Time limitations
The Secretary of Housing and Urban Development may designate nominated areas as renewal communities only during the period beginning on the first day of the first month following the month in which the regulations described in subparagraph (A) are prescribed and ending on December 31, 2001.
(C)
Procedural rules
The Secretary of Housing and Urban Development shall not make any designation of a nominated area as a renewal community under paragraph (2) unless—
(5)
Nomination process for Indian reservations
For purposes of this subchapter, in the case of a nominated area on an Indian reservation, the reservation governing body (as determined by the Secretary of the Interior) shall be treated as being both the State and local governments with respect to such area.
(b)
Period for which designation is in effect
(1)
In general
Any designation of an area as a renewal community shall remain in effect during the period beginning on January 1, 2002, and ending on the earliest of—
(2)
Revocation of designation
The Secretary of Housing and Urban Development may revoke the designation under this section of an area if such Secretary determines that the local government or the State in which the area is located—
(c)
Area and eligibility requirements
(1)
In general
The Secretary of Housing and Urban Development may designate a nominated area as a renewal community under subsection (a) only if the area meets the requirements of paragraphs (2) and (3) of this subsection.
(2)
Area requirements
A nominated area meets the requirements of this paragraph if—
(C)
the area—
(i)
has a population of not more than 200,000 and at least—
(3)
Eligibility requirements
A nominated area meets the requirements of this paragraph if the State and the local governments in which it is located certify in writing (and the Secretary of Housing and Urban Development, after such review of supporting data as he deems appropriate, accepts such certification) that—
(B)
the unemployment rate in the area, as determined by the most recent available data, was at least 11/2 times the national unemployment rate for the period to which such data relate,
(C)
the poverty rate for each population census tract within the nominated area is at least 20 percent, and
(D)
in the case of an urban area, at least 70 percent of the households living in the area have incomes below 80 percent of the median income of households within the jurisdiction of the local government (determined in the same manner as under section 119(b)(2) of the Housing and Community Development Act of 1974).
(d)
Required State and local commitments
(1)
In general
The Secretary of Housing and Urban Development may designate any nominated area as a renewal community under subsection (a) only if—
(A)
the local government and the State in which the area is located agree in writing that, during any period during which the area is a renewal community, such governments will follow a specified course of action which meets the requirements of paragraph (2) and is designed to reduce the various burdens borne by employers or employees in such area, and
(2)
Course of action
(A)
In general
A course of action meets the requirements of this paragraph if such course of action is a written document, signed by a State (or local government) and neighborhood organizations, which evidences a partnership between such State or government and community-based organizations and which commits each signatory to specific and measurable goals, actions, and timetables. Such course of action shall include at least 4 of the following:
(iii)
Crime reduction strategies, such as crime prevention (including the provision of crime prevention services by nongovernmental entities).
(iv)
Actions to reduce, remove, simplify, or streamline governmental requirements applying within the renewal community.
(v)
Involvement in the program by private entities, organizations, neighborhood organizations, and community groups, particularly those in the renewal community, including a commitment from such private entities to provide jobs and job training for, and technical, financial, or other assistance to, employers, employees, and residents from the renewal community.
(B)
Recognition of past efforts
For purposes of this section, in evaluating the course of action agreed to by any State or local government, the Secretary of Housing and Urban Development shall take into account the past efforts of such State or local government in reducing the various burdens borne by employers and employees in the area involved.
(3)
Economic growth promotion requirements
The economic growth promotion requirements of this paragraph are met with respect to a nominated area if the local government and the State in which such area is located certify in writing that such government and State (respectively) have repealed or reduced, will not enforce, or will reduce within the nominated area at least 4 of the following:
(E)
Franchises or other restrictions on competition for businesses providing public services, including taxicabs, jitneys, cable television, or trash hauling.
This paragraph shall not apply to the extent that such regulation of businesses and occupations is necessary for and well-tailored to the protection of health and safety.
(e)
Coordination with treatment of empowerment zones and enterprise communities
For purposes of this title, the designation under section 1391 of any area as an empowerment zone or enterprise community shall cease to be in effect as of the date that the designation of any portion of such area as a renewal community takes effect.
(f)
Definitions and special rules
For purposes of this subchapter—
(1)
Governments
If more than one government seeks to nominate an area as a renewal community, any reference to, or requirement of, this section shall apply to all such governments.
(g)
Expansion of designated area based on 2000 census
(1)
In general
At the request of all governments which nominated an area as a renewal community, the Secretary of Housing and Urban Development may expand the area of such community to include any census tract if—
(A)
(B)
(i)
such community would be described in subparagraph (A)(i) but for the failure to meet one or more of the requirements of paragraphs (2)(C)(i), (3)(C), and (3)(D) of subsection (c) using 1990 census data,
(2)
Exception for certain census tracts with low population in 1990
In the case of any census tract which did not have a poverty rate determined by the Bureau of the Census using 1990 census data, paragraph (1)(B) shall be applied without regard to clause (iv) thereof.
[1] So in original. The semicolon probably should be a comma.