The Secretary shall, not later than thirty days after July 22, 1976, prescribe those rules, regulations, and procedures (including application forms) necessary to carry out this chapter. Such rules, regulations, and procedures shall assure that adequate consideration is given to the relative needs of various sections of the country. The Secretary shall consider among other factors (1) the severity and duration of unemployment in proposed project areas, (2) the income levels and extent of underemployment in proposed project area, and (3) the extent to which proposed projects will contribute to the reduction of unemployment. The Secretary, in consultation with the Secretary of Labor, and consistent with existing applicable collective bargaining agreements and practices, shall promulgate regulations to assure special consideration to the employment in projects under this chapter of qualified disabled veterans (as defined in section 4211(1) of title 38) and qualified Vietnam-era veterans (as defined in section 4211(2) of such title 38). The Secretary shall make a final determination with respect to each application for a grant submitted to him under this chapter not later than the sixtieth day after the date he receives such application. Failure to make such final determination within such period shall be deemed to be an approval by the Secretary of the grant requested. For purposes of this section, in considering the extent of unemployment or underemployment, the Secretary shall consider the amount of unemployment or underemployment in the construction and construction-related industries.
Notes of Decisions
Fullilove v. Klutznick, 448 U.S. 448 (1980).
· cites it 2× “117 , 42 U. S. C. § 6706 (1976 ed., Supp. II); 13 CFR Part 317 (1978).”
Va. Chapter, Associated Gen. Contractors v. Kreps, 444 F. Supp. 1167 (W.D. Va. 1978).
· cites it 4× “The congressional intent to obtain speedy action by EDA was manifested by the following provision of 42 U.S.C. § 6706 relating to the 60 day period: Failure to make such final determination within such period shall be deemed to be an approval by the Secretary of the grant…”
City of Grand Rapids v. Richardson, 429 F. Supp. 1087 (W.D. Mich. 1977).
· cites it 4× “35672), and, second, are one of the factors analyzed in the evaluation of applications ( 42 U.S.C.A. § 6706 , and 13 C.F.R. § 316 .”
City of Benton Harbor v. Richardson, 429 F. Supp. 1096 (W.D. Mich. 1977).
· cites it 3× “” 42 U.S.C.A. § 6706 . Applicants were asked to relate their application projects to existing approved plans and programs of a local community or regional development nature, and, where feasible, to longer range plans and programs.”
Lewis v. Richardson, 428 F. Supp. 1164 (D. Mass. 1977).
· cites it 4× “See 42 U.S.C. §§ 6706 , 6707; 13 C.F.R. §§ 316.”
Clark v. Richardson, 431 F. Supp. 105 (D.N.J. 1977).
· cites it 7× “Section 107, 42 U.S.C. § 6706 . These rules and regulations, the Act further states, shall “assure that adequate consideration is given to the relative needs of various sections of the country.”
Rhode Island Chapter, Associated Gen. Contractors of Am., Inc. v. Kreps, 450 F. Supp. 338 (D.R.I. 1978).
· cites it 2× “Congress required the Secretary, in allocating grants, to take into consideration the duration and severity of unemployment and underemployment in the localities to be funded, particularly the degree of unemployment in the construction and construction-related industries, and…”
Twp. of Benton v. Cnty. of Berrien, 570 F.2d 114 (6th Cir. 1978).
· cites it 4× “, promulgated pursuant to Public Law 94-369, Title I, § 107, 42 U.S.C. § 6706 , as amended by Public Law 95-28, Title I, § 104, 42 U.”
Constructors Assoc. of W. PA. v. Kreps, 441 F. Supp. 936 (W.D. Pa. 1977).
“Speedy action by EDA was assured under Section 107 ( 42 U.S.C. § 6706 ) which provided: “Failure to make such final determination within such period (60 days) shall be deemed to mean approval by the Secretary of the grant requested.”
Wright Farms Constr., Inc. v. Kreps, 444 F. Supp. 1023 (D. Vt. 1977).
“12 After the bill was passed by both houses and signed by the President, the Secretary of Commerce promulgated, pursuant to 42 U.S.C. § 6706 , regulations and guidelines necessary to carry out the MBE provision.”
Montana Contractors' Ass'n v. Sec'y of Com., 439 F. Supp. 1331 (D. Mont. 1977).
“42 U.S.C. § 6706 . The Act also provides that the grantee be required to assure the Secretary that on-site labor could begin within 90 days of project approval.”
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