42 USC 11504 - Waiver or modification of housing and community development rules in enterprise zones

U.S Code last checked for updates: Apr 26, 2024

§ 11504.

Waiver or modification of housing and community development rules in enterprise zones

(a)

In general

(b)

Limitation

(c)

Submission of requests

(d)

Consideration of requests

In considering a request, the Secretary shall weigh the extent to which the proposed change is likely to further job creation, community development, or economic revitalization within the enterprise zone against the effect the change is likely to have on the underlying purposes of applicable statutes in the geographic area that would be affected by the change. The Secretary shall approve the request whenever the Secretary finds, in the discretion of the Secretary, that the public interest that the proposed change would serve in furthering such job creation, community development or economic revitalization outweighs the public interest that continuation of the rule unchanged would serve in furthering such underlying purposes. The Secretary shall not approve any request to waive or modify a rule if that waiver or modification would—

(1)

directly violate a statutory requirement; or

(2)

be likely to present a significant risk to the public health, including environmental health or safety.

(e)

Notice of disapproval

(f)

Period for determination

(g)

Applicable procedures

(h)

Effect of subsequent amendment of rules

(i)

Expiration of waivers and modifications

(j)

Definitions

For purposes of this section:

(1)

Rule

The term “rule” means—

(A)

any rule as defined in section 551(4) of title 5; or

(B)

any rulemaking conducted on the record after opportunity for an agency hearing pursuant to sections 556 and 557 of title 5.

(2)

Secretary

(Pub. L. 100–242, title VII, § 704, Feb. 5, 1988, 101 Stat. 1962.)

cite as: 42 USC 11504