Camden County and Gloucester County The Truth : Mayor & Council

Gloucester City Mayor & Council Should Follow This Economic Delelopment

By Lt. Gov. Kim Guadagno

In just this past month, it has been my pleasure to attend nine ribbon cuttings or groundbreakings for companies that are committed to doing business in New Jersey as a home for economic growth.

This flurry of positive business activity proves that Gov. Christie’s economic development policies are motivating companies to invest in the future of the Garden State, and by doing so, are creating more job opportunities for New Jersey families.

In fact, this local business activity will create or retain more than 4,000 private-sector jobs in New Jersey.

Specifically, since April, Thales Avionics Services opened its new state-of-the-art facility in Piscataway, creating and retaining more than 200 jobs.

Burlington Coat Factory broke ground on its new $41 million Florence Township headquarters, which will accommodate more than 800 employees, including 120 new full-time workers.

Prologis broke ground on its new warehouse and distribution center in Jersey City, which will retain and create 810 jobs.

Ascena and Dress Barn are investing $53 million in a new headquarters, which is expected to bring 575 new jobs to Mahwah.

Novo Nordisk officially opened its new $225 million, 731,000-square-foot U.S. headquarters, which created more than 500 construction jobs and will employ 1,100 company workers.

DRG International officially opened its new 35,000-square-foot Springfield-based headquarters, which is expected to employ 100 workers.

Quantex Laboratories opened its new 15,000-square-foot Cranbury headquarters. New Jersey American Water opened its new $78 million start-of-the-art water treatment plant in Millburn, which provided more than 200 construction jobs.

Church & Dwight opened its new 250,000-square-foot, two-building worldwide headquarters, which cost $70 million and can employ more than 500 people, in Ewing Township.

These and many other companies are choosing to do business in New Jersey, thanks to the success of the Christie administration’s efforts in improving the state’s business climate. Working with Democrats and Republicans, we passed $2.35 billion in tax cuts and reforms to give private-sector job creators new reasons to stay, expand or relocate in New Jersey.

Together, we strengthened key incentive programs to increase New Jersey’s competitiveness domestically and globally, while the bipartisan 2 percent property tax increase cap has made the Garden State more affordable for residents and their families.

It shouldn’t be a surprise that since February 2010, more than 127,800 private-sector jobs have been created in New Jersey.

This effort is the result of the Christie administration’s priorities, including the New Jersey Partnership for Action (PFA), which provides access to valuable business development resources for companies of any size.

The four elements of the PFA include: the Business Action Center, providing the business community with a single point of contact and applying a proactive, customer-service approach to businesses’ interactions with state government; the secretary of higher education, who coordinates, plans, develops policies and advocates for the state’s higher education system; the New Jersey Economic Development Authority, serving as the state’s financing arm; and Choose New Jersey, a privately funded marketing, business attraction and lead generation organization that markets the state as an ideal location.

Companies are also attracted to New Jersey’s many intrinsic and infrastructure assets and our concentration of highly skilled and well-educated workers. New Jersey is home to more scientists and engineers per square mile than anywhere else in the world. Furthermore, the Garden State offers one of the most sophisticated systems of connectivity in the United States. From New Jersey, one can get to one-third of the American population on a single tank of gas.

There are more than 130 million people and tens of thousands of companies within a day’s drive from New Jersey, and our state’s vast transportation network makes it easy to get goods to the region’s large and densely populated market. We have more than 38,000 miles of highways, three airports that provide commercial flights and eight that support corporate/executive and private-use general aviation activities, a thousand miles of rail freight lines and access to some of the most important ports in North America.

As New Jersey’s business climate and job opportunities improve, continued success requires constant work and vigilance. Progress depends on always seizing the moment. It also means embracing every opportunity to bring investment and jobs to New Jersey, no matter how tough the competition or steep the challenges — challenges this administration continues to meet head-on.

Our efforts are paying off and providing long-term benefits. New Jersey is emerging as a competitive and attractive place to do business.

Kim Guadagno is the lieutenant governor of New Jersey. She leads the Christie administration’s economic development efforts.

Posted at 08:29 AM in Camden County, Councilman Spencer, Current Affairs, Economic Development Money, Gloucester City Economic Development Corporation , Jack Lipsett, John Kearney, Mayor & Council | Permalink | Comments (0)

A Snapshot of How Gloucester City Property Taxes have Increased The Under James Gang

Tax History

Year	Property taxes	Change	Tax assessment	Change

2012	$4,299	4.4%	$82,300	--
2011	$4,118	5.5%	$82,300	--
2010	$3,902	6.1%	$82,300	--
2009	$3,676	8.3%	$82,300	--
2008	$3,395	5.1%	$82,300	--
2007	$3,229	8.0%	$82,300	--
2006	$2,989	3.8%	$82,300	--
2005	$2,879	--	$82,300	--

Tax History

Year	Property taxes	Change	Tax assessment	Change

2012	$3,333	4.4%	$63,800	--
2011	$3,193	5.5%	$63,800	--
2010	$3,025	10.6%	$63,800	--
2009	$2,734	8.3%	$63,800	4.2%
2008	$2,524	5.1%	$61,200	--
2007	$2,401	8.0%	$61,200	--
2006	$2,223	3.8%	$61,200	--
2005	$2,141	--	$61,200	--

Tax History

Year	Property taxes	Change	Tax assessment	Change

2012	$5,642	4.4%	$108,000	--
2011	$5,404	5.5%	$108,000	--
2010	$5,120	18.4%	$108,000	--
2009	$4,324	9.3%	$108,000	--
2008	$3,955	5.8%	$108,000	--
2007	$3,737	9.2%	$108,000	--
2006	$3,423	-5.1%	$108,000	--
2005	$3,606	--	$108,000	--

Posted at 11:55 AM in Camden County, Councilman Spencer, Current Affairs, DID YOU KNOW, Jack Lipsett, John Kearney, Mayor & Council | Permalink | Comments (0)

Gloucester City Fails to Provide Requested Documents For The Freedom Pier Project

We requested the following information from The City of Gloucester in regards to there Freedom Pier Project and was told the do not have any of the documents requested.

If you read the agreement it only relates to the construction of residential properties.

Freedom Pier llc seems to be a fantom company

The issue is that these documents are required "per there agreement"

1. I am requesting all meeting minutes as outlined in section 5.1 of the Redevelopment Agreement between the City of Gloucester and Freedom Pier llc. 1/1/08 to present

2. I am requesting all progress reports as outlined in section 5.2 of the Redevelopment Agreement between the City of Gloucester and Freedom Pier llc. 1/1/08 to present

3. I am requesting all submissions as outlined in section 5.3 of the Redevelopment Agreement between the City of Gloucester and Freedom Pier llc. 1/1/08 to present

4. I am requesting all insurance documents required as outlined in section 7 of the Redevelopment Agreement between the City of Gloucester and Freedom Pier llc. 1/1/08 to present

5. I am requesting all Approvals as outlined in Exhibit E of the Redevelopment Agreement between the City of Gloucester and Freedom Pier llc. 1/1/08 to present

6. I am requesting the development agreement between Gloucester City and Freedom Pier llc that outlines the plan as described in the Gloucester city Resolution 008-2013 (there should be a new agreement as the original calls for housing not a bar/brew pub)1/1/08 to present

Email response from Gloucester City Clerk

With regards to the attached OPRA request
#'s 1-6 - None

Kathy Jentsch

-------- Original Message --------

Date:	Thu, 16 May 2013 15:29:53 -0400
From:	Kathy Jentsch <[email protected]>
To:	Kathy Jentsch <[email protected]>

This E-mail was sent from "RNPA0B085" (Aficio 3035).

Scan Date: 05.16.2013 15:29:53 (-0400)
Queries to: [email protected]

-- 
Kathleen M. Jentsch
City Clerk/Registrar of Vital Statistics
City of Gloucester City
512 Monmouth St.
Gloucester City, NJ  08030
856-456-0205 ext. 218 (phone)
856-456-8030 (fax)
Email: [email protected]Municipal Bldg. Office Hours:
M-W	8 am - 5 pm
Thurs.	10 am - 7 pm
Fri.	Closed

freedompierllc -

Posted at 08:31 PM in Camden County, Councilman Spencer, Current Affairs, DID YOU KNOW, Freedom Pier, IS THIS LEGAL??, Jack Lipsett, John Kearney, Mayor & Council | Permalink | Comments (0)

Gloucester City Cited Itself for Property Violation But Lets New Owner Off The Hook

The property is owned by a member of the Gloucester City Small Business Asso.

Posted at 08:52 PM in Camden County, Current Affairs, Gloucester City Economic Development Corporation , Jack Lipsett, John Kearney, Mayor & Council | Permalink | Comments (0)

NEWSPAPER PUBLISHER FIRES REPORTER OVER FREEDOM OF SPEECH ISSUE | cnbnews.net

“Being a reporter in a small town is not an easy job. You will always have someone mad at you. Especially if you are doing your job right.”

George F. Cleary Sr., Gloucester City News Publisher Emeritus 1948-1985

BY BILL CLEARY

(CNBNews.net)I started working in the newspaper business when I was 14-years-old cleaning up the printing press at Publishers Inc, here in Gloucester City. I also worked for 11 years as a letter carrier. Throughout that period I continued to work part-time at theGloucester City News. Over the course of my 54-year working career I had never been fired from a job.

That is until now.

You can imagine my surprise when I received an email on Monday, April 15 from Albert Countryman, publisher and editor of the Gloucester City News telling me I was fired.

It reads in part,

I cut this out {the GCEDC cheer} because of the many complaints I heard from Bob Booth, president of the GCBA and members of the Gloucester City Economic Development Corporation – especially when I came back from Ireland. At this point, it is time to terminate our relationship and let both entities, Clearysnotebook and the Gloucester City News, stand on their own. This decision is final, as I have consulted with my father and my fiancé.

Countryman was responding to my question about why he left out acheer from my column in last week’s Gloucester City News. (see column) I had given credit to Gloucester City Economic Development Corporation (GCEDC) for taking on the monumental task of trying to revitalize the city’s dying business community. This is the second time I had given the seven trustees a compliment for volunteering their services. (see article)

I have been writing a weekly column for the Gloucester City Newssince my wife and I sold Countryman the paper in 2002. My weekly “Tips and Snippets” column covered a variety of news events. I also wrote an opinion column every so often, some of which were controversial. And, I did many investigative articles on a number of topics.

Those articles also appeared on ClearysNoteBook (CNBNews.net), which was founded in 2006. Originally I built that blog for theGloucester City News. When it was finished Countryman said he was no longer interested in owning a website.

After all that work, I wasn’t keen on letting the website die. Thus ClearysNoteBook was born. Today the news site contains 21,947 articles and 18,557 comments.

Anyone who has followed my newspaper career knows that I am not one who is easily intimidated by threats when it comes to printing the truth. I have always tried my best to give both sides of a story. If I am wrong, I will admit it, and make an effort to correct my mistake. If someone is critical of my work, I print that opinion too.

One of the phrases I like to quote was written by the French writer Voltaire, “I may not agree with what you say, but I will defend to the death your right to say it.“

So, what happened? Why did I get fired?

In late December or early January I was trying to find out information about the Gloucester City Economic Development Corporation. I asked a number of people about the GCEDC, including Countryman. He said he heard about it but didn’t know anything further. Later I found out that a resolution, along with an ordinance (see #022-2012) was passed, at the November council meeting authorizing the dissolution of the Enterprise Zone Development Corporation (UEZ), and transferring responsibilites to the GCEDC. The resolution that was approved dealt with the $400,000 UEZ loan to the trustees. The ordinance was published in the Gloucester City News. Why he didn’t mention that to me is a mystery. I had also asked Kathy Jentsch,city clerk, a similar question in December about the corporation’s financing. She too, said she didn’t know?

As I continued to do research about the corporation I kept hitting blind corners. For that reason it took weeks for me to put all the facts together about the GCEDC.

As previously mentioned, I had never been fired before, so to say I was shocked is an understatement. The fact that Mr. Countryman, a man whom I had mentored for years, did not have the decency to discuss this issue with me in person, or at the very least, call me, is an insult.

After reading his email I telephoned Countryman at the office. I asked again, “Albert, why didn’t you print the cheer for the GCEDC?” His para phase response, “They don’t {meaning the GCEDC)} want anything in the paper that is written by you about them, be it good, or bad.”

Did I miss something? Has Gloucester City been moved to a Third World country? Doesn’t the city editor, along with the GCEDC trustees, realize that our constitution gives each of us freedom of speech?

Apparently not!

What is even more disturbing to me is that a newspaper publisher would capitulate to outside pressure to silence someone. It makes you wonder. Have there been other times that he hasn’t printed something just because of it being a controversial issue? Or because a politician had threaten to take away the city's legal notices?

As for my critics, I realized long ago you can’t please all the people, all of the time. It just can’t be done, so I gave up trying.

I’ll continue to write about what is happening in this city and elsewhere. I do it not for the money, obviously, but because I enjoy it. Furthermore, I feel I provide a service to the public. They know that I will present the news uncensored, news that is not influenced by politicians, or others, who have their own personal agenda. This is my way of saying thank you to the public for supporting theGloucester City News during the 54 years it was owned by the Cleary family.

Posted at 08:37 PM in Camden County, Economic Development Money, Gloucester City Economic Development Corporation , Mayor & Council | Permalink | Comments (0)

Gloucester City UDAG Budget - The James Gang Slush Fund???

Take a close look at what is being paid out of the fund.

udag -

Sec. 5318.* Urban development action grants [* Section 118 of the Act]

Features

Also in this Section:

From the U.S. Code
[Laws in effect as of January 20, 1999]
[CITE: 42USC5318]

Authorization; purpose; amount

The Secretary is authorized to make urban development action grants to cities and urban counties which are experiencing severe economic distress to help stimulate economic development activity needed to aid in economic recovery. There are authorized to be appropriated to carry out this section $225,000,000 for fiscal year 1988, and $225,000,000 for fiscal year 1989. Any amount appropriated under this subsection shall remain available until expended.
Eligibility of cities and urban counties; criteria and standards; regulations
1. Urban development action grants shall be made only to cities and urban counties which have, in the determination of the Secretary, demonstrated results in providing housing for low- and moderate-income persons and in providing equal opportunity in housing and employment for low- and moderate-income persons and members of minority groups. The Secretary shall issue regulations establishing criteria in accordance with the preceding sentence and setting forth minimum standards for determining the level of economic distress of cities and urban counties for eligibility for such grants. These standards shall take into account factors such as the age of housing; the extent of poverty; the extent of population lag; growth of per capita income; and the extent of unemployment, job lag, or surplus labor. Any city that has a population of less than 50,000 persons and is not the central city of a metropolitan area, and that was eligible for fiscal year 1983 under this paragraph for assistance under this section, shall continue to be eligible for such assistance until the Secretary revises the standards for eligibility for such cities under this paragraph and includes the extent of unemployment, job lag, or labor surplus as a standard of distress for such cities. The Secretary shall make such revision as soon as practicable following November 30, 1983.
2. A city or urban county which fails to meet the minimum standards established pursuant to paragraph (1) shall be eligible for assistance under this section if it meets the requirements of the first sentence of such paragraph and--
  1. in the case of a city with a population of fifty thousand persons or more or an urban county, contains an area
    1. composed of one or more contiguous census tracts, enumeration districts, neighborhood statistics areas, or block groups, as defined by the United States Bureau of the Census, having at least a population of ten thousand persons or 10 per centum of the population of the city or urban county;
    2. in which at least 70 per centum of the residents have incomes below 80 per centum of the median income of the city or urban county; and
    3. in which at least 30 per centum of the residents have incomes below the national poverty level; or
  2. in the case of a city with a population of less than fifty thousand persons, contains an area
    1. composed of one or more contiguous census tracts, enumeration districts, neighborhood statistics areas, or block groups or other areas defined by the United States Bureau of the Census or for which data certified by the United States Bureau of the Census are available having at least a population of two thousand five hundred persons or 10 per centum of the population of the city, whichever is greater;
    2. in which at least 70 per centum of the residents have incomes below 80 per centum of the median income of the city; and
    3. in which at least 30 per centum of the residents have incomes below the national poverty level.

The Secretary shall use up to, but not more than, 20 per centum of the funds appropriated for use in any fiscal year under this section for the purpose of making grants to cities and urban counties eligible under this paragraph.

Applications; documentation of eligibility; proposed plan; assurance of notice and comment; assurance of consideration on historical landmarks

Applications for assistance under this section shall--
1. in the case of an application for a grant under subsection (b)(2) of this section, include documentation of grant eligibility in accordance with the standards described in that subsection;
2. set forth the activities for which assistance is sought, including
  1. an estimate of the costs and general location of the activities;
  2. a summary of the public and private resources which are expected to be made available in connection with the activities, including how the activities will take advantage of unique opportunities to attract private investment; and
  3. an analysis of the economic benefits which the activities are expected to produce;
3. contain a certification satisfactory to the Secretary that the applicant, prior to submission of its application,
  1. has held public hearings to obtain the views of citizens, particularly residents of the area in which the proposed activities are to be carried out;
  2. has analyzed the impact of these proposed activities on the residents, particularly those of low and moderate income, of the residential neighborhood, and on the neighborhood in which they are to be carried out; and
  3. has made available the analysis described in clause (B) to any interested person or organization residing or located in the neighborhood in which the proposed activities are to be carried out; and
4. contain a certification satisfactory to the Secretary that the applicant, prior to submission of its application,
  1. has identified all properties, if any, which are included on the National Register of Historic Places and which, as determined by the applicant, will be affected by the project for which the application is made;
  2. has identified all other properties, if any, which will be affected by such project and which, as determined by the applicant, may meet the criteria established by the Secretary of the Interior for inclusion on such Register, together with documentation relating to the inclusion of such properties on the Register;
  3. has determined the effect, as determined by the applicant, of the project on the properties identified pursuant to clauses (A) and (B); and
  4. will comply with the requirements of section 5320 of this title.
Mandatory selection criteria; award of points; distribution of funds; number of competitions per year; use of distress conditions data by urban counties
1. Except in the case of a city or urban county eligible under subsection (b)(2) of this section, the Secretary shall establish selection criteria for a national competition for grants under this section which must include--
  1. the comparative degree of economic distress among applicants, as measured (in the case of a metropolitan city or urban county) by the differences in the extent of growth lag, the extent of poverty, and the adjusted age of housing in the metropolitan city or urban county;
  2. other factors determined to be relevant by the Secretary in assessing the comparative degree of economic deterioration in cities and urban counties;
  3. the following other criteria:
    1. the extent to which the grant will stimulate economic recovery by leveraging private investment;
    2. the number of permanent jobs to be created and their relation to the amount of grant funds requested;
    3. the proportion of permanent jobs accessible to lower income persons and minorities, including persons who are unemployed;
    4. the extent to which the project will retain jobs that will be lost without the provision of a grant under this section;
    5. the extent to which the project will relieve the most pressing employment or residential needs of the applicant by--
      1. reemploying workers in a skill that has recently suffered a sharp increase in unemployment locally;
      2. retraining recently unemployed residents in new skills;
      3. providing training to increase the local pool of skilled labor; or
      4. producing decent housing for low- and moderate- income persons in cases where such housing is in severe shortage in the area of the applicant, except that an application shall be considered to produce housing for low- and moderate-income persons under this clause only if such application proposes that
        
        not less than 51 percent of all funds available for the project shall be used for dwelling units and related facilities; and
        
        not less than 30 percent of all funds used for dwelling units and related facilities shall be used for dwelling units to be occupied by persons of low and moderate income, or not less than 20 percent of all dwelling units made available to occupancy using such funds shall be occupied by persons of low and moderate income, whichever results in the occupancy of more dwelling units by persons of low and moderate income;
    6. the impact of the proposed activities on the fiscal base of the city or urban county and its relation to the amount of grant funds requested;
    7. the extent to which State or local Government \1\ funding or special economic incentives have been committed; and
      \1\ So in original. Probably should not be capitalized.
    8. the extent to which the project will have a substantial impact on physical and economic development of the city or urban county, the proposed activities are likely to be accomplished in a timely fashion with the grant amount available, and the city or urban county has demonstrated performance in housing and community development programs; and
  4. additional consideration for projects with the following characteristics:
    1. projects to be located within a city or urban county which did not receive a preliminary grant approval under this section during the 12-month period preceding the date on which applications are required to be submitted for the grant competition involved; and
    2. twice the amount of the additional consideration provided under clause (i) for projects to be located in cities or urban counties which did not receive a preliminary grant approval during the 24-month period preceding the date on which applications under this section are required to be submitted for the grant competition involved.
      
      If a city or urban county has submitted and has pending more than one application, the additional consideration provided by subparagraph (D) of the preceding sentence shall be available only to the project in such city or urban county which received the highest number of points under subparagraph (C) of such sentence.
2. For the purpose of making grants with respect to areas described in subsection (b)(2) of this section, the Secretary shall establish selection criteria, which must include
  1. factors determined to be relevant by the Secretary in assessing the comparative degree of economic deterioration among eligible areas, and
  2. such other criteria as the Secretary may determine, including at a minimum the criteria listed in paragraph (1)(C) of this subsection.
3. The Secretary shall award points to each application as follows:
  1. not more than 35 points on the basis of the criteria referred to in paragraph (1)(A);
  2. not more than 35 points on the basis of the criteria referred to in paragraph (1)(B);
  3. not more than 33 points on the basis of the criteria referred to in paragraph (1)(C); and
  4. 1. 1 additional point on the basis of the criterion referred to in paragraph (1)(D)(i); or
    2. 2 additional points on the basis of the criterion referred to in paragraph (1)(D)(ii).
4. The Secretary shall distribute grant funds under this section so that to the extent practicable during each funding cycle--
  1. 65 percent of the funds is first made available utilizing all of the criteria set forth in paragraph (1); and
  2. 35 percent of the funds is then made available solely on the basis of the factors referred to in subparagraphs (C) and (D) of paragraph (1).
5. 1. Within 30 days of the start of each fiscal year, the Secretary shall announce the number of competitions for grants to be held in that fiscal year. The number of competitions shall be not less than two nor more than three.
  2. Each competition for grants described in any clause of subparagraph (A) shall be for an amount equal to the sum of--
    1. approximately the amount of the funds available for such grants for the fiscal year divided by the number of competitions for those funds;
    2. any funds available for such grants in any previous competition that are not awarded; and
    3. any funds available for such grants in any previous competition that are recaptured.
  3. Notwithstanding any other provision of this section, in each competition for grants under this section, no city or urban county may be awarded a grant or grants in an amount in excess of $10,000,000 until all cities and urban counties which submitted fundable applications have been awarded a grant. If funds are available for additional grants after each city and urban county submitting a fundable application is awarded one or more grants under the preceding sentence, then additional grants shall be made so that each city or urban county that has submitted multiple applications is awarded one additional grant in order of ranking, with no single city or urban county receiving more than one grant approval in any subsequent series of grant determinations within the same competition.
  4. All grants under this section, including grants to cities and urban counties described in subsection (b)(2) of this section, shall be awarded in accordance with subparagraph (C) so that all grants under this section are made in order of ranking.
Limitations on power of Secretary to approve grants; waiver

The Secretary may not approve any grant to a city or urban county eligible under subsection (b)(2) of this section unless--
1. the grant will be used in connection with a project located in an area described in subsection (b)(2) of this section, except that the Secretary may waive this requirement where the Secretary determines
  1. that there is no suitable site for the project within that area,
  2. the project will be located directly adjacent to that area, and
  3. the project will contribute substantially to the economic development of that area;
2. the city or urban county has demonstrated to the satisfaction of the Secretary that basic services supplied by the city or urban county to the area described in subsection (b)(2) of this section are at least equivalent, as measured by per capita expenditures, to those supplied to other areas within the city or urban county which are similar in population size and physical characteristics and which have median incomes above the median income for the city or urban county;
3. the grant will be used in connection with a project which will directly benefit the low- and moderate-income families and individuals residing in the area described in subsection (b)(2) of this section; and
4. the city or urban county makes available, from its own funds or from funds received from the State or under any Federal program which permits the use of financial assistance to meet the non- Federal share requirements of Federal grant-in-aid programs, an amount equal to 20 per centum of the grant to be available under this section to be used in carrying out the activities described in the application.
Permissibility of consistent but unenumerated activities; report on use of repaid grant funds for economic development activities

Activities assisted under this section may include such activities, in addition to those authorized under section 5305(a) of this title, as the Secretary determines to be consistent with the purposes of this section. In any case in which the project proposes the repayment to the applicant of the grant funds, such funds shall be made available by the applicant for economic development activities that are eligible activities under this section or section 5305 of this title. The applicant shall annually provide the Secretary with a statement of the projected receipt and use of repaid grant funds during the next year together with a report acceptable to the Secretary on the use of such funds during the most recent preceding full fiscal year of the applicant.
Annual review and audit; adjustments, withdrawals and reduction permitted

The Secretary shall, at least on an annual basis, make reviews and audits of recipients of grants under this section as necessary to determine the progress made in carrying out activities substantially in accordance with approved plans and timetables. The Secretary may adjust, reduce, or withdraw grant funds, or take other action as appropriate in accordance with the findings of these reviews and audits, except that funds already expended on eligible activities under this chapter shall not be recaptured or deducted from future grants made to the recipient.
Limitations on grants for industrial or commercial relocations or expansions; appeal of denial or cancellation of assistance; grants to adversely affected individuals
1. Speculative projects
  No assistance may be provided under this section for projects intended to facilitate the relocation of industrial or commercial plants or facilities from one area to another, unless the Secretary finds that the relocation does not significantly and adversely affect the unemployment or economic base of the area from which the industrial or commercial plant or facility is to be relocated. The provisions of this paragraph shall apply only to projects that do not have identified intended occupants.
2. Projects with identified intended occupants
  No assistance may be provided or utilized under this section for any project with identified intended occupants that is likely to facilitate--
  1. a relocation of any operation of an industrial or commercial plant or facility or other business establishment--
    1. from any city, urban county, or identifiable community described in subsection (p) of this section, that is eligible for assistance under this section; and
    2. to the city, urban county, or identifiable community described in subsection (p) of this section, in which the project is located; or
  2. an expansion of any such operation that results in a reduction of any such operation in any city, county, or community described in subparagraph (A)(i).
3. Significant and adverse effect
  The restrictions established in paragraph (2) shall not apply if the Secretary determines that the relocation or expansion does not significantly and adversely affect the employment or economic base of the city, county, or community from which the relocation or expansion occurs.
4. Appeal of adverse determination
  Following notice of intent to withhold, deny, or cancel assistance under paragraph (1) or (2), the Secretary shall provide a period of not less than 90 days in which the applicant can appeal to the Secretary the withholding, denial, or cancellation of assistance. Notwithstanding any other provision of this section, nothing in this section or in any legislative history related to the enactment of this section may be construed to permit an inference or conclusion that the policy of the Congress in the urban development action grant program is to facilitate the relocation of businesses from one area to another.
5. Assistance for individuals adversely affected by prohibited relocations
  1. Any amount withdrawn by, recaptured by, or paid to the Secretary due to a violation (or a settlement of an alleged violation) of this subsection (or of any regulation issued or contractual provision entered into to carry out this subsection) by a project with identified intended occupants shall be made available by the Secretary as a grant to the city, county, or community described in subsection (p) of this section, from which the operation of an industrial or commercial plant or facility or other business establishment relocated or in which the operation was reduced.
  2. 1. Any amount made available under this paragraph shall be used by the grantee to assist individuals who were employed by the operation involved prior to the relocation or reduction and whose employment or terms of employment were adversely affected by the relocation or reduction. The assistance shall include job training, job retraining, and job placement.
    2. If any amount made available to a grantee under this paragraph is more than is required to provide assistance under clause (i), the grantee shall use the excess amount to carry out community development activities eligible under section 5305(a) of this title.
  3. 1. The provisions of this paragraph shall be applicable to any amount withdrawn by, recaptured by, or paid to the Secretary under this section, including any amount withdrawn, recaptured, or paid before the effective date of this paragraph.
    2. Grants may be made under this paragraph only to the extent of amounts provided in appropriation Acts.
6. Definition
  For purposes of this subsection, the term "operation" includes any plant, equipment, facility, position, employment opportunity, production capacity, or product line.
7. Regulations
  Not later than 60 days after February 5, 1988, the Secretary shall issue such regulations as may be necessary to carry out the provisions of this subsection. Such regulations shall include specific criteria to be used by the Secretary in determining whether there is a significant and adverse effect under paragraph (3).
Minimum percentage of funds to be allocated to certain noncentral cities; application by consortia of cities of less than 50,000 population

Not less than 25 per centum of the funds made available for grants under this section shall be used for cities with populations of less than fifty thousand persons which are not central cities of a metropolitan statistical area. The Secretary shall encourage cooperation by geographically proximate cities of less than 50,000 population by permitting consortia of such cities, which may also include county governments that are not urban counties, to apply for grants on behalf of a city that is otherwise eligible for assistance under this section. Any grants awarded to such consortia shall be administered in compliance with eligibility requirements applicable to individual cities.
Grant contingent on factors related to non-Federal funds

A grant may be made under this section only where the Secretary determines that there is a strong probability that
1. the non-Federal investment in the project would not be made without the grant, and
2. the grant would not substitute for non-Federal funds which are otherwise available to the project.
Duty of Secretary to minimize amount

In making grants under this section, the Secretary shall take such steps as the Secretary deems appropriate to assure that the amount of the grant provided is the least necessary to make the project feasible.
Power of Secretary to waive requirement that town or township be closely settled

For purposes of this section, the Secretary may reduce or waive the requirement in section5302(a)(5)(B)(ii) of this title that a town or township be closely settled.
Notice to State historic preservation officer and Secretary of the Interior required with regard to affected landmark property; opportunity for comment

In the case of any application which identifies any property in accordance with subsection (c)(4)(B) of this section, the Secretary may not commit funds with respect to an approved application unless the applicant has certified to the Secretary that the appropriate State historic preservation officer and the Secretary of the Interior have been provided an opportunity to take action in accordance with the provisions of section 5302(b) of this title.
Territories, tribes, and certain Hawaiian counties included in term "city"
1. For the purposes of this section, the term "city" includes Guam, American Samoa, the Northern Mariana Islands, the Virgin Islands, and Indian tribes. Such term also includes the counties of Kauai, Maui and Hawaii in the State of Hawaii.
2. The Secretary may not approve a grant to an Indian tribe under this section unless the tribe
  1. is located on a reservation, or on former Indian reservations in Oklahoma as determined by the Secretary of the Interior, or in an Alaskan Native Village, and
  2. was an eligible recipient under chapter 67 of title 31 prior to the repeal of such chapter.
Special provisions for years after 1983

If no amounts are set aside under, or amounts are precluded from being appropriated for this section for fiscal years after fiscal year 1983, any amount which is or becomes available for use under this section after fiscal year 1983 shall be added to amounts appropriated under section5303 of this title, except that amounts available to the Secretary for use under this subsection as of October 1, 1993, and amounts released to the Secretary pursuant to subsection (t) of this section may be used to provide grants under section 5308(q) of this title..\2\
\2\ So in original.
Unincorporated portions of urban counties

An unincorporated portion of an urban county that is approved by the Secretary as an identifiable community for purposes of this section is eligible for a grant under subsection (b)(2) of this section if such portion meets the eligibility requirements contained in the first sentence of subsection (b)(1) of this section and the requirements of subsection (b)(2)(B) of this section (applied to the population of the portion of the urban county) and if it otherwise complies with the provisions of this section.
Technical assistance grants

Of the amounts appropriated for purposes of this section for any fiscal year, not more than $2,500,000 may be used by the Secretary to make technical assistance grants to States or their agencies, municipal technical advisory services operated by universities, or State associations of counties or municipalities, to enable such entities to assist units of general local government described in subsection (i) of this section in developing, applying for assistance for, and implementing programs eligible for assistance under this section.
Nondiscrimination by Secretary against type of activity or applicant

In utilizing the discretion of the Secretary when providing assistance and applying selection criteria under this section, the Secretary may not discriminate against applications on the basis of
1. the type of activity involved, whether such activity is primarily housing, industrial, or commercial; or
2. the type of applicant, whether such applicant is a city or urban county.
Maximum grant amount for fiscal years 1988 and 1989

For fiscal years 1988 and 1989, the maximum grant amount for any project under this section is $10,000,000.
UDAG retention program

If a grant or a portion of a grant under this section remains unexpended upon the issuance of a notice implementing this subsection, the grantee may enter into an agreement, as provided under this subsection, with the Secretary to receive a percentage of the grant amount and relinquish all claims to the balance of the grant within 90 days of the issuance of notice implementing this subsection (or such later date as the Secretary may approve). The Secretary shall not recapture any funds obligated pursuant to this section during a period beginning on April 11, 1994, until 90 days after the issuance of a notice implementing this subsection. A grantee may receive as a grant under this subsection--
1. 33 percent of such unexpended amounts if--
  1. the grantee agrees to expend not less than one-half of the amount received for activities authorized pursuant to section 5308(q) of this title and to expend such funds in conjunction with a loan guarantee made under section 5308 of this title at least equal to twice the amount of the funds received; and
  2. 1. the remainder of the amount received is used for economic development activities eligible under this chapter; and
    2. except when waived by the Secretary in the case of a severely distressed jurisdiction, not more than one-half of the costs of activities under subparagraph (B) are derived from such unexpended amounts; or
2. 25 percent of such unexpended amounts if--
  1. the grantee agrees to expend such funds for economic development activities eligible under this chapter; and
  2. except when waived by the Secretary in the case of a severely distressed jurisdiction, not more than one-half of the costs of such activities are derived from such unexpended amount.

(Pub. L. 93-383, title I, Sec. 119, as added Pub. L. 95-128, title I, Sec. 110(b), Oct. 12, 1977, 91 Stat. 1125;
amended Pub. L. 95-557, title I, Sec. 103(g), (h), Oct. 31, 1978, 92 Stat. 2084;
Pub. L. 96-153, title I, Secs. 104, 105, Dec. 21, 1979, 93 Stat. 1102, 1104;
Pub. L. 96-399, title I, Secs. 110(a), (b), 117(a), Oct. 8, 1980, 94 Stat. 1619, 1623;
Pub. L. 97-35, title III, Sec. 308(a), Aug. 13, 1981, 95 Stat. 392;
Pub. L. 98-181, title I, Sec. 121, Nov. 30, 1983, 97 Stat. 1168;
Pub. L. 98- 454, title VI, Sec. 601(c), Oct. 5, 1984, 98 Stat. 1736;
Pub. L. 98-479, title II, Sec. 203(l)(3), Oct. 17, 1984, 98 Stat. 2231;
Pub. L. 99-272, title XIV, Sec. 14001(b)(6), Apr. 7, 1986, 100 Stat. 329;
Pub. L. 99- 500, Sec. 101(g), Oct. 18, 1986, 100 Stat. 1783-242, and Pub. L. 99-591, Sec. 101(g), Oct. 30, 1986, 100 Stat. 3341-242;
Pub. L. 100-202, Secs. 101(f) [title I, Sec. 101], 106, Dec. 22, 1987, 101 Stat. 1329- 187, 1329-193, 1329-433;
Pub. L. 100-242, title V, Secs. 501(c), 515(a)- (d), (g)(2)-(i), 516(a), Feb. 5, 1988, 101 Stat. 1923, 1930-1934;
Pub. L. 100-404, title I, Aug. 19, 1988, 102 Stat. 1020;
Pub. L. 100-628, title X, Sec. 1084, Nov. 7, 1988, 102 Stat. 3277;

Sec. 5305.* Activities eligible for assistance [* Section 105 of the Act]

Features

Also in this Section:

	(a) Enumeration of eligible activities
	(b) Reimbursement of Secretary for administrative services connected with rehabilitation of properties
	(c) Activities benefiting persons of low and moderate income
	(d) Training program
	(e) Guidelines for evaluating and selecting economic development projects
	(f) Assistance to for-profit entities
	(g) Microenterprise and small business program requirements
	(h) Prohibition on use of assistance for employment relocation activities
	Annotations

From the U.S. Code
[Laws in effect as of January 20, 1999]
[CITE: 42USC5305]

Enumeration of eligible activities
1. the acquisition of real property (including air rights, water rights, and other interests therein) which is
  1. blighted, deteriorated, deteriorating, undeveloped, or inappropriately developed from the standpoint of sound community development and growth;
  2. appropriate for rehabilitation or conservation activities;
2. appropriate for the preservation or restoration of historic sites, the beautification of urban land, the conservation of open spaces, naturalresources, and scenic areas, the provision of recreational opportunities, or the guidance of urban development;
3. to be used for the provision of public works, facilities, and improvements eligible for assistance under this chapter; or
4. to be used for other public purposes;

the acquisition, construction, reconstruction, or installation (including design features and improvements with respect to such construction, reconstruction, or installation that promote energy efficiency) of public works, facilities (except for buildings for the general conduct of government), and site or other improvements;

code enforcement in deteriorated or deteriorating areas in which such enforcement, together with public or private improvements or services to be provided, may be expected to arrest the decline of the area;

clearance, demolition, removal, reconstruction, and rehabilitation (including rehabilitation which promotes energy efficiency) of buildings and improvements (including interim assistance, and financing public or private acquisition for reconstruction or rehabilitation, and reconstruction or rehabilitation, of privately owned properties, and including the renovation of closed school buildings);

special projects directed to the removal of material and architectural barriers which restrict the mobility and accessibility of elderly and handicapped persons;

payments to housing owners for losses of rental income incurred in holding for temporary periods housing units to be utilized for the relocation of individuals and families displaced by activities under this chapter;

disposition (through sale, lease, donation, or otherwise) of any real property acquired pursuant to this chapter or its retention for public purposes;

provision of public services, including but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, energy conservation, welfare or recreation needs, if such services have not been provided by the unit of general local government (through funds raised by such unit, or received by such unit from the State in which it is located) during any part of the twelve-month period immediately preceding the date of submission of the statement with respect to which funds are to be made available under this chapter, and which are to be used for such services, unless the Secretary finds that the discontinuation of such services was the result of events not within the control of the unit of general local government, except that not more than 15 per centum of the amount of any assistance to a unit of general local government (or in the case of nonentitled communities not more than 15 per centum statewide) under this chapter including program income may be used for activities under this paragraph unless such unit of general local government used more than 15 percent of the assistance received under this chapter for fiscal year 1982 or fiscal year 1983 for such activities (excluding any assistance received pursuant to Public Law 98-8), in which case such unit of general local government may use not more than the percentage or amount of such assistance used for such activities for such fiscal year, whichever method of calculation yields the higher amount, except that of any amount of assistance under this chapter (including program income) in each of fiscal years 1993 through 2001 to the City of Los Angeles and County of Los Angeles, each such unit of general government may use not more than 25 percent in each such fiscal year for activities under this paragraph, and except that of any amount of assistance under this chapter (including program income) in each of the fiscal years 1999, 2000, and 2001, to the City of Miami, such city may use not more than 25 percent in each fiscal year for activities under this paragraph;

Section 218 of the Quality Housing and Work Responsibility Act of 1998, title V of Public Law 105-276, approved October 21, 1998 amended this paragraph by striking "1998" and inserting "1999", as shown, to extend the public services cap exception applicable to the City and County of Los Angeles through the end of fiscal year 1999. However, section 596 of such Act also amended this paragraph, but by striking "1998" and inserting "2000". The result of including both amendments in the same Act is unclear.

payment of the non-Federal share required in connection with a Federal grant-in-aid program undertaken as part of activities assisted under this chapter;

payment of the cost of completing a project funded under title I of the Housing Act of 1949 [42 U.S.C. 1450 et seq.];

relocation payments and assistance for displaced individuals, families, businesses, organizations, and farm operations, when determined by the grantee to be appropriate;

activities necessary
1. to develop a comprehensive community development plan, and
2. to develop a policy-planning- management capacity so that the recipient of assistance under this chapter may more rationally and effectively
  1. determine its needs,
  2. set long-term goals and short-term objectives,
  3. devise programs and activities to meet these goals and objectives,
  4. evaluate the progress of such programs in accomplishing these goals and objectives, and
  5. carry out management, coordination, and monitoring of activities necessary for effective planning implementation;
payment of reasonable administrative costs related to establishing and administering federally approved enterprise zones and payment of reasonable administrative costs and carrying charges related to
1. administering the HOME program under title II of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12721 et seq.] ; and
2. the planning and execution of community development and housing activities, including the provision of information and resources to residents of areas in which community development and housing activities are to be concentrated with respect to the planning and execution of such activities, and including the carrying out of activities as described in section 461(e) of title 40 on August 12, 1981;
provision of assistance including loans (both interim and long-term) and grants for activities which are carried out by public or private nonprofit entities, including
1. acquisition of real property;
2. acquisition, construction, reconstruction, rehabilitation, or installation of
  1. public facilities (except for buildings for the general conduct of government), site improvements, and utilities, and
  2. commercial or industrial buildings or structures and other commercial or industrial real property improvements; and
3. planning;
assistance to neighborhood-based nonprofit organizations, local development corporations, nonprofit organizations serving the development needs of the communities in nonentitlement areas, or entities organized under section 681(d) of title 15 to carry out a neighborhood revitalization or community economic development or energy conservation project in furtherance of the objectives of section 5301(c) of this title, and assistance to neighborhood-based nonprofit organizations, or other private or public nonprofit organizations, for the purpose of assisting, as part of neighborhood revitalization or other community development, the development of shared housing opportunities (other than by construction of new facilities) in which elderly families (as defined in section 1437a(b)(3) of this title) benefit as a result of living in a dwelling in which the facilities are shared with others in a manner that effectively and efficiently meets the housing needs of the residents and thereby reduces their cost of housing;
activities necessary to the development of energy use strategies related to a recipient's development goals, to assure that those goals are achieved with maximum energy efficiency, including items such as--
1. an analysis of the manner in, and the extent to, which energy conservation objectives will be integrated into local government operations, purchasing and service delivery, capital improvements budgeting, waste management, district heating and cooling, land use planning and zoning, and traffic control, parking, and public transportation functions; and
2. a statement of the actions the recipient will take to foster energy conservation and the use of renewable energy resources in the private sector, including the enactment and enforcement of local codes and ordinances to encourage or mandate energy conservation or use of renewable energy resources, financial and other assistance to be provided (principally for the benefit of low- and moderate-income persons) to make energy conserving improvements to residential structures, and any other proposed energy conservation activities;

provision of assistance to private, for-profit entities, when the assistance is appropriate to carry out an economic development project (that shall minimize, to the extent practicable, displacement of existing businesses and jobs in neighborhoods) that--
1. creates or retains jobs for low- and moderate-income persons;
2. prevents or eliminates slums and blight;
3. meets urgent needs;
4. creates or retains businesses owned by community residents;
5. assists businesses that provide goods or services needed by, and affordable to, low- and moderate-income residents; or
6. provides technical assistance to promote any of the activities under subparagraphs (A) through (E);

the rehabilitation or development of housing assisted under section 1437o of this title;

provision of technical assistance to public or nonprofit entities to increase the capacity of such entities to carry out eligible neighborhood revitalization or economic development activities, which assistance shall not be considered a planning cost as defined in paragraph (12) or administrative cost as defined in paragraph (13);

housing services, such as housing counseling in connection with tenant-based rental assistance and affordable housing projects assisted under title II of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12721 et seq.] , energy auditing, preparation of work specifications, loan processing, inspections, tenant selection, management of tenant-based rental assistance, and other services related to assisting owners, tenants, contractors, and other entities, participating or seeking to participate in housing activities assisted under title II of the Cranston-Gonzalez National Affordable Housing Act;

provision of assistance by recipients under this chapter to institutions of higher education having a demonstrated capacity to carry out eligible activities under this subsection for carrying out such activities;

provision of assistance to public and private organizations, agencies, and other entities (including nonprofit and for-profit entities) to enable such entities to facilitate economic development by--
1. providing credit (including providing direct loans and loan guarantees, establishing revolving loan funds, and facilitating peer lending programs) for the establishment, stabilization, and expansion of microenterprises;
2. providing technical assistance, advice, and business support services (including assistance, advice, and support relating to developing business plans, securing funding, conducting marketing, and otherwise engaging in microenterprise activities) to owners of microenterprises and persons developing microenterprises; and
3. providing general support (such as peer support programs and counseling) to owners of microenterprises and persons developing microenterprises;
activities necessary to make essential repairs and to pay operating expenses necessary to maintain the habitability of housing units acquired through tax foreclosure proceedings in order to prevent abandonment and deterioration of such housing in primarily low- and moderate-income neighborhoods;

provision of direct assistance to facilitate and expand homeownership among persons of low and moderate income (except that such assistance shall not be considered a public service for purposes of paragraph (8)) by using such assistance to--
1. subsidize interest rates and mortgage principal amounts for low- and moderate-income homebuyers;
2. finance the acquisition by low- and moderate-income homebuyers of housing that is occupied by the homebuyers;
3. acquire guarantees for mortgage financing obtained by low- and moderate-income homebuyers from private lenders (except that amounts received under this chapter may not be used under this subparagraph to directly guarantee such mortgage financing and grantees under this chapter may not directly provide such guarantees);
4. provide up to 50 percent of any downpayment required from low- or moderate-income homebuyer; or
5. pay reasonable closing costs (normally associated with the purchase of a home) incurred by a low- or moderate-income homebuyer; an
lead-based paint hazard evaluation and reduction, as defined in section 4851b of this title.

Reimbursement of Secretary for administrative services connected with rehabilitation of properties

Upon the request of the recipient of assistance under this chapter, the Secretary may agree to perform administrative services on a reimbursable basis on behalf of such recipient in connection with loans or grants for the rehabilitation of properties as authorized under subsection (a)(4) of this section.

Activities benefiting persons of low and moderate income
1. In any case in which an assisted activity described in paragraph (14) or (17) of subsection (a) of this section is identified as principally benefiting persons of low and moderate income, such activity shall--
  1. be carried out in a neighborhood consisting predominately of persons of low and moderate income and provide services for such persons; or
  2. involve facilities designed for use predominately by persons of low and moderate income; or
  3. involve employment of persons, a majority of whom are persons of low and moderate income.
2. 1. In any case in which an assisted activity described in subsection (a) of this section is designed to serve an area generally and is clearly designed to meet identified needs of persons of low and moderate income in such area, such activity shall be considered to principally benefit persons of low and moderate income if
    1. not less than 51 percent of the residents of such area are persons of low and moderate income;
    2. in any metropolitan city or urban county, the area served by such activity is within the highest quartile of all areas within the jurisdiction of such city or county in terms of the degree of concentration of persons of low and moderate income; or
    3. the assistance for such activity is limited to paying assessments (including any charge made as a condition of obtaining access) levied against properties owned and occupied by persons of low and moderate income to recover the capital cost for a public improvement.
  2. The requirements of subparagraph (A) do not prevent the use of assistance under this chapter for the development, establishment, and operation for not to exceed 2 years after its establishment of a uniform emergency telephone number system if the Secretary determines that--
    1. such system will contribute substantially to the safety of the residents of the area served by such system;
    2. not less than 51 percent of the use of the system will be by persons of low and moderate income; and
    3. other Federal funds received by the grantee are not available for the development, establishment, and operation of such system due to the insufficiency of the amount of such funds, the restrictions on the use of such funds, or the prior commitment of such funds for other purposes by the grantee
      
      The percentage of the cost of the development, establishment, and operation of such a system that may be paid from assistance under this chapter and that is considered to benefit low and moderate income persons is the percentage of the population to be served that is made up of persons of low and moderate income.
3. Any assisted activity under this chapter that involves the acquisition or rehabilitation of property to provide housing shall be considered to benefit persons of low and moderate income only to the extent such housing will, upon completion, be occupied by such persons.
4. For the purposes of subsection (c)(1)(C) of this section--
  1. if an employee resides in, or the assisted activity through which he or she is employed, is located in a census tract that meets the Federal enterprise zone eligibility criteria, the employee shall be presumed to be a person of low- or moderate-income; or
  2. if an employee resides in a census tract where not less than 70 percent of the residents have incomes at or below 80 percent of the area median, the employee shall be presumed to be a person of low or moderate income.
Training program

The Secretary shall implement, using funds recaptured pursuant to section 5318(o) of this title, an on-going education and training program for officers and employees of the Department, especially officers and employees of area and other field offices of the Department, who are responsible for monitoring and administering activities pursuant to paragraphs (14), (15), and (17) of subsection (a) of this section for the purpose of ensuring that
1. such personnel possess a thorough understanding of such activities; and
2. regulations and guidelines are implemented in a consistent fashion.
Guidelines for evaluating and selecting economic development projects
1. Establishment
  
  The Secretary shall establish, by regulation, guidelines to assist grant recipients under this chapter to evaluate and select activities described in subsection (a)(14), (15), and (17) of this section for assistance with grant amounts. The Secretary shall not base a determination of eligibility of the use of funds under this chapter for such assistance solely on the basis that the recipient fails to achieve one or more of the guidelines' objectives as stated in paragraph (2).
2. Project costs and financial requirements
  
  The guidelines established under this subsection shall include the following objectives:
  1. The project costs of such activities are reasonable.
  2. To the extent practicable, reasonable financial support has been committed for such activities from non-Federal sources prior to disbursement of Federal funds.
  3. To the extent practicable, any grant amounts to be provided for such activities do not substantially reduce the amount of non-Federal financial support for the activity.
  4. Such activities are financially feasible.
  5. To the extent practicable, such activities provide not more than a reasonable return on investment to the owner.
  6. To the extent practicable, grant amounts used for the costs of such activities are disbursed on a pro rata basis with amounts from other sources.
3. Public benefit
  
  The guidelines established under this subsection shall provide that the public benefit provided by the activity is appropriate relative to the amount of assistance provided with grant amounts under this chapter.
Assistance to for-profit entities

In any case in which an activity described in paragraph (17) of subsection (a) of this section is provided assistance such assistance shall not be limited to activities for which no other forms of assistance are available or could not be accomplished but for that assistance.
Microenterprise and small business program requirements

In developing program requirements and providing assistance pursuant to paragraph (17) of subsection (a) of this section to a microenterprise or small business, the Secretary shall--
1. take into account the special needs and limitations arising from the size of the entity; and
2. not consider training, technical assistance, or other support services costs provided to small businesses or microenterprises or to grantees and subgrantees to develop the capacity to provide such assistance, as a planning cost pursuant to subsection (a)(12) of this section or an administrative cost pursuant to subsection (a)(13) of this section.
Prohibition on use of assistance for employment relocation activities

Notwithstanding any other provision of law, no amount from a grant under section 5306 made in fiscal year 1999 or any succeeding fiscal year may be used to assist directly in the relocation of any industrial or commercial plant, facility, or operation, from 1 area to another area, if the relocation is likely to result in a significant loss of employment in the labor market area from which the relocation occurs.

(Pub. L. 93-383, title I, Sec. 105, Aug. 22, 1974, 88 Stat. 641;
Pub. L. 94-375, Sec. 15(b), Aug. 3, 1976, 90 Stat. 1076;
Pub. L. 95-128, title I, Sec. 105, Oct. 12, 1977, 91 Stat. 1116;
Pub. L. 95-557, title I, Sec. 103(e), Oct. 31, 1978, 92 Stat. 2084;
Pub. L. 96-399, title I, Sec. 104(c)-(e), Oct. 8, 1980, 94 Stat. 1616-1618;
Pub. L. 97-35, title III, Secs. 303(a), 309(e)-(g), Aug. 13, 1981, 95 Stat. 387, 396;
Pub. L. 98-181, title I, Sec. 105(a), (b)(1), (c)-(e), title III, Sec. 302(a), Nov. 30, 1983, 97 Stat. 1163, 1164, 1206;
Pub. L. 98-479, title I, Sec. 101(a)(8), (9)(A), Oct. 17, 1984, 98 Stat. 2219;
Pub. L. 100-242, title V, Secs. 504, 510, 511, Feb. 5, 1988, 101 Stat. 1925, 1929;
Pub. L. 100-404, title I, Aug. 19, 1988, 102 Stat. 1019;
Pub. L. 101-625, title IX, Secs. 907, 908, Nov. 28, 1990, 104 Stat. 4387, 4389;
Pub. L. 102-550, title VIII, Secs. 805, 806(a), (b), (c), 807(a), (b)(3), (c)(1), (d)-(f), 809, title X, Sec. 1012(f), Oct. 28, 1992, 106 Stat. 3846, 3847, 3849, 3850, 3905;
Pub. L. 103-195, Sec. 2(a), Dec. 14, 1993, 107 Stat. 2297;
Pub. L. 103-233, title II, Sec. 207, Apr. 11, 1994, 108 Stat. 365;
Pub. L. 104-134, title I, Sec. 101(e) (title II, Sec. 225), Apr. 26, 1996, 110 Stat. 1321-257, 1321-291;
renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327;
Pub. L. 104-204, title II, Sec. 220, Sept. 26, 1996, 110 Stat. 2906;
Pub. L. 105-276, title II, Sec. 218, 232, title V, Sec. 588, 596(a), Oct. 21, 1998, 112 Stat. 2487, 2492, 2651, 2659.)
Pub.L. 106-377, Sec. (1)(a)(1), Oct. 27, 2000, 114 Stat. 1441

Pub. L. 103-233, title II, Sec. 232(b), (c)(1), Apr. 11, 1994, 108 Stat. 367.)

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Sec. 5318.* Urban development action grants [* Section 118 of the Act]

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