118 STAT. 1765 PUBLIC LAW 108–373—OCT. 27, 2004 ‘‘(f) TREATMENT IN MEETING NON FEDERAL SHARE REQUIRE MENTS.—For the purposes of meeting the non Federal share require ments under this, or any other, Act the funds of a performance award shall be treated as funds from a non Federal source. ‘‘(g) TERMS AND CONDITIONS.—In making performance awards under subsection (a), the Secretary shall establish such terms and conditions as the Secretary considers to be appropriate. ‘‘(h) FUNDING.—The Secretary shall use any amounts made available for economic development assistance programs to carry out this section. ‘‘(i) REPORTING REQUIREMENT.—The Secretary shall include information regarding performance awards made under this section in the annual report required under section 603. ‘‘(j) REVIEW BY COMPTROLLER GENERAL.— ‘‘(1) REVIEW.—The Comptroller General shall regularly review the implementation of this section. ‘‘(2) REPORT.—Not later than 1 year after the date of enact ment of this section, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastruc ture of the House of Representatives a report on the findings of the Comptroller on implementation of this subsection.’’. (b) CONFORMING AMENDMENT.—The table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 note) is amended by inserting after the item relating to section 214 the following: ‘‘Sec. 215. Performance awards.’’. SEC. 211. PLANNING PERFORMANCE AWARDS. (a) IN GENERAL.—Title II of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.) (as amended by section 210) is amended by adding at the end the following: ‘‘SEC. 216. PLANNING PERFORMANCE AWARDS. ‘‘(a) IN GENERAL.—The Secretary may make a planning performance award in connection with a grant made, on or after the date of enactment of this section, to an eligible recipient for a project under this title located in an economic development dis trict. ‘‘(b) ELIGIBILITY.—The Secretary may make a planning perform ance award to an eligible recipient under subsection (a) in connec tion with a grant for a project if the Secretary determines before closeout of the project that— ‘‘(1) the recipient actively participated in the economic development activities of the economic development district in which the project is located; ‘‘(2) the project is consistent with the comprehensive eco nomic development strategy of the district; ‘‘(3) the recipient worked with Federal, State, and local economic development entities throughout the development of the project; and ‘‘(4) the project was completed in accordance with the com prehensive economic development strategy of the district. ‘‘(c) MAXIMUM AMOUNT.—The amount of a planning perform ance award made under subsection (a) in connection with a grant may not exceed 5 percent of the amount of the grant. 42 USC 3154b.
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