42 U.S.C. § 6701

Definitions

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As used in this subchapter, the term—(1) “Secretary” means the Secretary of Commerce, acting through the Economic Development Administration.(2) “State” includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.(3) “local government” means any city, county, town, parish, or other political subdivision of a State, and any Indian tribe.(4) “public works project” includes a project for the transportation and provision of water to a drought-stricken area.(Pub. L. 94–369, title I, § 102, July 22, 1976, 90 Stat. 999; Pub. L. 95–28, title I, § 102, May 13, 1977, 91 Stat. 116.)Editorial NotesAmendments

1977—Par. (2). Pub. L. 95–28, § 102(a), inserted reference to Trust Territory of the Pacific Islands.

Par. (4). Pub. L. 95–28, § 102(b), added par. (4).

Statutory Notes and Related SubsidiariesShort Title of 1977 Amendments

Pub. L. 95–30, title VI, § 601, May 23, 1977, 91 Stat. 164, provided that: “This title [enacting section 6736 of this title, amending sections 6722 to 6724, 6727, and 6735 of this title, and repealing section 6726 of this title] may be cited as the ‘Intergovernmental Antirecession Assistance Act of 1977’.”

Pub. L. 95–28, title I, § 101, May 13, 1977, 91 Stat. 116, provided that: “This title [amending sections 6701, 6705 to 6708, and 6710 of this title and enacting provisions set out as notes under sections 6701 and 6710 of this title] may be cited as the ‘Public Works Employment Act of 1977’.”

Short Title

Pub. L. 94–369, § 1, July 22, 1976, 90 Stat. 999, provided: “That this Act [enacting this chapter and provision set out as a note under section 1287 of Title 33, Navigation and Navigable Waters] may be cited as the ‘Public Works Employment Act of 1976’.”

Pub. L. 94–369, title I, § 101, July 22, 1976, 90 Stat. 999, provided that: “This title [enacting this subchapter] may be cited as the ‘Local Public Works Capital Development and Investment Act of 1976’.”

Public Works Investment Study; Preliminary Report; Final Report Within 18 Months After May 13, 1977

Pub. L. 95–28, title I, § 110, May 13, 1977, 91 Stat. 119, directed Secretary of Commerce to study public works investment in United States and implications for future of recent trends in such investment and submit a report with respect to its findings and recommendations no later than 18 months after May 13, 1977.

Executive DocumentsTermination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Notes of Decisions

Cited in 28 cases, 1977–1995 · leading case: City of Richmond v. J. A. Croson Co., 488 U.S. 469 (1989).

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City of Richmond v. J. A. Croson Co., 488 U.S. 469 (1989). · cites it 4× “116, 42 U. S. C. § 6701 et seq. (Act) against a challenge based on the equal protection component of the Due Process Clause.”

Fullilove v. Klutznick, 448 U.S. 448 (1980). · cites it 2× “999, 42 U. S. C. § 6701 et seq. The 1977 amendments authorized an additional $4 billion appropriation for federal grants to be made by the Secretary of Commerce, acting through the Economic Development Administration (EDA), to state and local governmental entities for use in…”

Michigan Road Builders Ass'n, Inc. v. William G. Milliken, 834 F.2d 583 (6th Cir. 1988). “§ 6705 (f)(2), which required local governmental units receiving funds under public works programs to use 10% of the funds to procure services or supplies from MBEs.”

Clark v. Richardson, 431 F. Supp. 105 (D.N.J. 1977). · cites it 4× “999 [codified at 42 U.S.C. §§ 6701 et seq. (1976)] [Local Public Works Act or Act].”

Arrington v. Associated Gen. Contractors of Am., 403 So. 2d 893 (Ala. 1981). “The specification had its genesis in the 1977 Public Works Employment Act, popularly known as the PWEA, 42 U.S.C. § 6701 , et seq. (Supp. III 1979).”

Wright Farms Constr., Inc. v. Kreps, 444 F. Supp. 1023 (D. Vt. 1977). “999-1012, and was codified at 42 U.S.C. § 6701 et seq. The PWE Act, Pub.”

Isiah Fredericks v. Juanita Kreps, Sec'y of the Dep't of Com., 578 F.2d 555 (5th Cir. 1978). “CLARK, Circuit Judge: This action for declaratory and injunctive relief was brought by individual residents and civic and civil rights organizations of North Gulfport, Harrison County, Mississippi, in an effort to divert a federal grant of $1,058,000 under the Local Public Works…”

Va. Chapter, Associated Gen. Contractors v. Kreps, 444 F. Supp. 1167 (W.D. Va. 1978). “94-447. The act was to be administered by the Secretary of Commerce, through the Economic Development Administration (hereinafter “EDA”), which was to distribute funds to state and local governments under the act.”

M. C. West, Inc. v. Lewis, 522 F. Supp. 338 (M.D. Tenn. 1981). “116 (1977), codified at 42 U.S.C. § 6701 et seq.; Small Business Act of 1958, Pub.”

City of Benton Harbor v. Richardson, 429 F. Supp. 1096 (W.D. Mich. 1977). “4,1976)) of the Public Works Employment Act of 1976, 42 U.S.C.A. § 6701 et seq. (Supp. 4, 1976), Pub.”

Twp. of Benton v. Cnty. of Berrien, 570 F.2d 114 (6th Cir. 1978). · cites it 2× “With this one limitation preventing funds from escheat-ing to the federal treasury, the EDA shall be at liberty to disburse funds pursuant to its regulations and guidelines. Costs are taxed to Appellees in No.”

Ohio Contractors Ass'n v. The Econ. Dev. Admin., 580 F.2d 213 (6th Cir. 1978). “Congress enacted the Local Public Works Capital Development and Investment Act of 1976 (hereinafter LPW Act), 42 U.S.C. § 6701 et seq. for the purpose of alleviating unemployment and stimulating the national economy by assisting state and local governments to undertake public…”

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