107 STAT. 546 PUBLIC LAW 103-66 —AUG. 10, 1993 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 gsrcent. FECIAL RULES RELATING TO DETERMINATION OF POVERTY RATE.— For purposes of subsection (a)(4)— "(1) TREATMENT OF CENSUS TRACTS WITH SMALL POPU- LATIONS.— "(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.—
A population census tract with a population of less than 2,000 shall be treated as having a poverty rate which meets the requirements of subparagraphs (A) and (B) of subsection (a)(4) if more than 75 percent of such tract is zoned for commercial or industrial use.
- (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 censiis 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 tmder 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. — A nominated area may not include a noncontiguous parcel unless such parcel separately meets (subject to paragraphs (1) and (2)) Uie criteria set forth in subsection (a)(4). "(4) AREAS NOT WITHIN CENSUS TRACTS. — In the case of an area which is not tracted for population census tracts, the equivalent county divisions (as defined by the Bureau of the Census for purposes of defining poverty areas) shall be used for purposes of determining poverty rates.
�
