Page:United States Statutes at Large Volume 111 Part 1.djvu/910

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Ill STAT. 886 PUBLIC LAW 105-34—AUG. 5, 1997 CHAPTER 2—>fEW EMPOWERMENT ZONES SEC. 952. DESIGNATION OF NEW EMPOWERMENT ZONES. (a) IN GENERAL,—Section 1391 (relating to designation procedure for empowerment zones and enterprise communities) is amended by adding at the end the following new subsection: " (g) ADDITIONAL DESIGNATIONS PERMITTED.— "(1) IN GENERAL.—In addition to the areas designated under subsection (a), the appropriate Secretaries may designate in the aggregate an additional 20 nominated areas as empowerment zones under this section, subject to the availability of eligible nominated areas. Of that number, not more than 15 may be designated in urban areas and not more than 5 may be designated in rural areas. (2) PERIOD DESIGNATIONS MAY BE MADE AND TAKE EFFECT.— A designation may be made under this subsection after the date of the enactment of this subsection and before January 1, 1999. " (3) MODIFICATIONS TO ELIGIBILITY CRITERIA, ETC. — "(A) POVERTY RATE REQUIREMENT.— "(i) IN GENERAL.— A nominated area shall be eligible for designation under this subsection only if the poverty rate for each population census tract within the nominated area is not less than 20 percent and the poverty rate for at least 90 percent of the population census tracts within the nominated area is not less than 25 percent. " (ii) TREATMENT OF CENSUS TRACTS WITH SMALL POPULATIONS.—^A population census tract with a population of less than 2,000 shall be treated as having a poverty rate of not less than 25 percent if— "(I) more than 75 percent of such tract is zoned for commercial or industrial use, and "(II) such tract is contiguous to 1 or more other population census tracts which have a poverty rate of not less than 25 percent (determined without regard to this clause), "(iii) EXCEPTION FOR DEVELOPABLE SITES. — Clause (i) shall not apply to up to 3 noncontiguous parcels in a nominated area which may be developed for commercial or industrial purposes. The aggregate area of noncontiguous peircels to which the preceding sentence applies with respect to any nominated area shall not exceed 2,000 acres. "(iv) CERTAIN PROVISIONS NOT TO APPLY.—Section 1392(a)(4) (and so much of paragraphs (1) and (2) of section 1392(b) as relate to section 1392(a)(4)) shall not apply to an area nominated for designation under this subsection. "(v) SPECIAL RULE FOR RURAL EMPOWERMENT ZONE.—The Secretary of Agriculture may designate not more than 1 empowerment zone in a rural area without regard to clause (i) if such area satisfies emigration criteria specified by the Secretary of Agriculture. " (B) SIZE LIMITATION. — "(i) IN GENERAL.—The parcels described in subparagraph (A)(iii) shall not be taken into account