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26 U.S.C. § 1393Definitions and special rules

submitted 33 years ago by Pub. L. 103-66 to r/title-26-INTERNAL-REVENUE-CODE · 341 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines “appropriate Secretary,” “rural area,” “urban area,” “Indian reservation,” “local government,” and “nominated area,” and supplies rules for multiple governments, State-chartered economic development corporations, and census data. It also defines empowerment zones and enterprise communities by reference to section 1391.

(a) General definitions. For this subchapter: (1) “Appropriate Secretary” means Housing and Urban Development’s Secretary for an urban nominated area and Agriculture’s Secretary for a rural nominated area. (2) “Rural area” means an area outside a metropolitan statistical area, or one Agriculture’s Secretary determines after consulting Commerce’s Secretary is rural. (3) “Urban area” means an area that is not rural. (4) No empowerment zone or enterprise community may include an area within an Indian reservation. “Indian reservation” has the meaning given by section 168(j)(6); this section does not define it. (5) “Local government” means a county, city, town, township, parish, village, or other general-purpose State subdivision, and any combination of those subdivisions recognized by the appropriate Secretary. (6) “Nominated area” means an area nominated by one or more local governments and the State or States where it lies for designation under section 1391. (7) If more than one State or local government nominates an area, references to or requirements of this subchapter apply to all of them. (8) An area is treated as nominated by a State and local government if a State-chartered economic development corporation nominates it. (9) Population and poverty rate must use the latest available decennial census data. (b) “Empowerment zone” and “enterprise community.” For this title, these terms mean areas designated as such under section 1391.
the actual law source: uscode.house.gov ↗public domain
(a) In general

For purposes of this subchapter—

(1) Appropriate Secretary

The term “appropriate Secretary” means—

(A)

the Secretary of Housing and Urban Development in the case of any nominated area which is located in an urban area, and

(B)

the Secretary of Agriculture in the case of any nominated area which is located in a rural area.

(2) Rural area

The term “rural area” means any area which is—

(A)

outside of a metropolitan statistical area (within the meaning of section 143(k)(2)(B)), or

(B)

determined by the Secretary of Agriculture, after consultation with the Secretary of Commerce, to be a rural area.

(3) Urban area

The term “urban area” means an area which is not a rural area.

(4) Special rules for Indian reservations
(A) In general

No empowerment zone or enterprise community may include any area within an Indian reservation.

(B) Indian reservation defined

The term “Indian reservation” has the meaning given such term by section 168(j)(6).

(5) Local government

The term “local government” means—

(A)

any county, city, town, township, parish, village, or other general purpose political subdivision of a State, and

(B)

any combination of political subdivisions described in subparagraph (A) recognized by the appropriate Secretary.

(6) Nominated area

The term “nominated area” means an area which is nominated by 1 or more local governments and the State or States in which it is located for designation under section 1391.

(7) Governments

If more than 1 State or local government seeks to nominate an area under this part, any reference to, or requirement of, this subchapter shall apply to all such governments.

(8) Special rule

An area shall be treated as nominated by a State and a local government if it is nominated by an economic development corporation chartered by the State.

(9) Use of census data

Population and poverty rate shall be determined by the most recent decennial census data available.

(b) Empowerment zone; enterprise community

For purposes of this title, the terms “empowerment zone” and “enterprise community” mean areas designated as such under section 1391.

Source credit: (Added Pub. L. 103–66, title XIII, § 13301(a), Aug. 10, 1993, 107 Stat. 547.)

history & why it existsrecord from the source credit
  • 1993Enacted · Pub. L. 103-66 · 107 Stat. 547

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-66 on 1993-08-10.

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