26 USC 1392 - Eligibility criteria

U.S Code last checked for updates: May 06, 2024

§ 1392.

Eligibility criteria

(a)

In general

A nominated area shall be eligible for designation under section 1391 only if it meets the following criteria:

(1)

Population

The nominated area has a maximum population of—

(A)

in the case of an urban area, the lesser of—

(i)

200,000, or

(ii)

the greater of 50,000 or 10 percent of the population of the most populous city located within the nominated area, and

(B)

in the case of a rural area, 30,000.

(2)

Distress

(3)

Size

The nominated area—

(A)

does not exceed 20 square miles if an urban area or 1,000 square miles if a rural area,

(B)

has a boundary which is continuous, or, except in the case of a rural area located in more than 1 State, consists of not more than 3 noncontiguous parcels,

(C)

(i)

in the case of an urban area, is located entirely within no more than 2 contiguous States, and

(ii)

in the case of a rural area, is located entirely within no more than 3 contiguous States, and

(D)

does not include any portion of a central business district (as such term is used for purposes of the most recent Census of Retail Trade) unless the poverty rate for each population census tract in such district is not less than 35 percent (30 percent in the case of an enterprise community).

(4)

Poverty rate

The poverty rate—

(A)

for each population census tract within the nominated area is not less than 20 percent,

(B)

for at least 90 percent of the population census tracts within the nominated area is not less than 25 percent, and

(C)

for at least 50 percent of the population census tracts within the nominated area is not less than 35 percent.

(b)

Special rules relating to determination of poverty rate

For purposes of subsection (a)(4)—

(1)

Treatment of census tracts with small populations

(A)

Tracts with no population

In the case of a population census tract with no population—

(i)

such tract shall be treated as having a poverty rate which meets the requirements of subparagraphs (A) and (B) of subsection (a)(4), but

(ii)

such tract shall be treated as having a zero poverty rate for purposes of applying subparagraph (C) thereof.

(B)

Tracts with populations of less than 2,000

(2)

Discretion to adjust requirements for enterprise communities

In determining whether a nominated area is eligible for designation as an enterprise community, the appropriate Secretary may, where necessary to carry out the purposes of this subchapter, reduce by 5 percentage points one of the following thresholds for not more than 10 percent of the population census tracts (or, if fewer, 5 population census tracts) in the nominated area:

(A)

The 20 percent threshold in subsection (a)(4)(A).

(B)

The 25 percent threshold in subsection (a)(4)(B).

(C)

The 35 percent threshold in subsection (a)(4)(C).

If the appropriate Secretary elects to reduce the threshold under subparagraph (C), such Secretary may (in lieu of applying the preceding sentence) reduce by 10 percentage points the threshold under subparagraph (C) for 3 population census tracts.

(3)

Each noncontiguous area must satisfy poverty rate rule

(4)

Areas not within census tracts

(c)

Factors to consider

From among the nominated areas eligible for designation under section 1391 by the appropriate Secretary, such appropriate Secretary shall make designations of empowerment zones and enterprise communities on the basis of—

(1)

the effectiveness of the strategic plan submitted pursuant to section 1391(f)(2) and the assurances made pursuant to section 1391(e)(3), and

(2)

criteria specified by the appropriate Secretary.

(d)

Special eligibility for nominated areas located in Alaska or Hawaii

(Added Pub. L. 103–66, title XIII, § 13301(a), Aug. 10, 1993, 107 Stat. 545; amended Pub. L. 105–34, title IX, § 954, Aug. 5, 1997, 111 Stat. 888.)

cite as: 26 USC 1392