On the application of an eligible recipient that is determined by the Secretary to be unable to comply with the requirements of section 3162 of this title, the Secretary may waive, in whole or in part, the requirements of section 3162 of this title and designate the area represented by the recipient as a special impact area.
The Secretary may make a designation under subsection (a) only after determining that—
(1) the project will fulfill a pressing need of the area; and
the project will—
(A) be useful in alleviating or preventing conditions of excessive unemployment or underemployment; or
(B) assist in providing useful employment opportunities for the unemployed or underemployed residents in the area.
At the time of the designation under subsection (a), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notice of the designation, including a justification for the designation.
(Pub. L. 89–136, title II, § 214, as added Pub. L. 108–373, title II, § 209(a), Oct. 27, 2004, 118 Stat. 1763.)
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