Page:United States Statutes at Large Volume 101 Part 3.djvu/659

 PUBLIC LAW 100-242—FEB. 5, 1988

101 STAT. 1957

TITLE VII—ENTERPRISE ZONE DEVELOPMENT SEC. 701. DESIGNATION OF ENTERPRISE ZONES. (a) DESIGNATION OF ZONES.—

(1) DEFINITION.—For purposes of this section, the term "enterprise zone" means any area that— (A) is nominated by one or more local governments and the State or States in which it is located for designation as an enterprise zone (in this section referred to as a "nominated area"); and (B) the Secretary of Housing and Urban Development designates as an enterprise zone, after consultation with— •eMfc (i) the Secretaries of Agriculture, Commerce, Labor, and the Treasury, the Director of the Office of Manageoi H ^ ment and Budget, and the Administrator of the Small Business Administration; and iA (ii) in the case of an area on an Indian reservation, the Secretary of the Interior. iiit (2) NUMBER OF DESIGNATIONS.— (A) IN GENERAL.—The Secretary of Housing and Urban Development may designate not more than 100 nominated areas as enterprise zones. (B) MINIMUM DESIGNATION IN RURAL AREAS.—Of the areas designated under clause (i), not less than V shall be aresis a that— (i) are within a local government jurisdiction or jurisdictions with a population of less than 50,000 (as determined under the most recent census data available); (ii) are outside of a metropolitan statistical area (as designated by the Director of the Office of Management and Budget); or (iii) that are determined by the Secretary, after consultation with the Secretary of Commerce, to be rural areas. (3) AREAS DESIGNATED BASED SOLELY ON DEGREE OF POVERTY.—

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(A) IN GENERAL.—Except as provided in subparagraph (B), the Secretary shall designate the nominated areas with the highest average ranking with respect to the criteria set forth in subparagraphs (C), (D), and (E) 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 that exceeds such criterion by the greatest amount given the highest ranking. (B) EXCEPTION WHERE INADEQUATE COURSE OF ACTION,

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ETC.—An area shall not be designated under subparagraph (A) if the Secretary determines that the course of action with respect to such area is inadequate. (C) SEPARATE APPLICATION TO RURAL AND OTHER AREAS.—

Subparagraph (A) shall be applied separately with respect to areas described in paragraph (2)(B) and to other areas. (4) LIMITATION ON DESIGNATIONS.— (A) PUBLICATION OF REGULATIONS.—Before designating

any area as an enterprise zone, the Secretary shall pre-

State and local governments. 42 USC iisoi.

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