Isiah Fredericks v. Juanita Kreps, Secretary of the Department of Commerce, Defendants

571 F.2d 1316, 1978 U.S. App. LEXIS 11139
CourtCourt of Appeals for the Fifth Circuit
DecidedMay 17, 1978
Docket78-1001
StatusPublished
Cited by3 cases

This text of 571 F.2d 1316 (Isiah Fredericks v. Juanita Kreps, Secretary of the Department of Commerce, Defendants) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Isiah Fredericks v. Juanita Kreps, Secretary of the Department of Commerce, Defendants, 571 F.2d 1316, 1978 U.S. App. LEXIS 11139 (5th Cir. 1978).

Opinions

FAY, Circuit Judge:

This appeal is taken from a denial by the district court of a motion for preliminary injunction sought by plaintiffs who are primarily residents and members of civic and civil rights organizations in the community of North Gulfport, Harrison County, Mississippi. The federal defendants are the Secretary of Commerce, Juanita Kreps, and two officials of the Economic Development Administration (EDA). The county defendants are the members of the Harrison County Board of Supervisors and the Harrison County Board of Education.

Plaintiffs seek a preliminary injunction to restrain the expenditure of funds provided Harrison County under the new Public Works Employment Act of 1977 for the construction of a bridge at Bell’s Ferry and additional classrooms at Bel-Aire School. Plaintiffs maintain that the approval of these projects was unlawful under the Public Works Employment Act of 1977 and that the funds ($1,058,000) must be expended for the construction of a drainage project in North Gulfport.

At the hearing on the motion for preliminary injunction before the Honorable Harold Cox, plaintiffs advanced two independent grounds for holding the grants for construction of the bridge and classrooms unlawful. Plaintiffs first alleged that the applications for the bridge and school projects were filed too late to be eligible for funding under the 1977 Act. This issue was determined adversely to the plaintiffs by the district court’s denial of the preliminary injunction and is presently before this Court. The second contention is that the members of the Board of Supervisors, in applying to EDA for funds, indicated a preference for the bridge project as opposed to the drainage project because of a policy of racial discrimination against the black residents of the drainage project area. This second claim is still pending in the district court and not involved in this appeal.

The Public Works Employment Act of 1976, 42 U.S.C. § 6701 et seq., was enacted on July 26, 1976, and was designed to “(1) alleviate the problem of nationwide unemployment, and (2) to stimulate the national economy by assisting State and local governments [SIC] build badly needed public facilities.”1 Congress appropriated $2 billion for expenditure under the 1976 Act which was to be distributed by EDA according to priorities and rankings established by statute, 42 U.S.C. § 6707 (1976), and regulations implemented by EDA, 13 C.F.R. § 315 (1976). As of July 6, 1977, the EDA approved 2001 project applications but was compelled to deny over 22,000 others in which requests totalled $21.8 billion.

A number of problems arose in the administration of the 1976 Act, which came to be known as “Round I,” so Congress amended the Act on May 13, 1977. This new legislation authorized an additional $4 billion for “Round II” which was designed to “[extend] the program of grants to state and local governments to provide jobs through construction in places with (SIC) most distressing levels of unemployment.” 2

[1318]*1318The 1977 Act modified the 1976 Act in several respects. The total appropriation was largely allocated among the states according to a fixed formula, 42 U.S.C. § 6707(a), as amended, and EDA was authorized to establish “planning target” amounts to be granted to each locality. The planning target for Harrison county was set at $1.058 million. This eliminated the competition among states and localities which existed under Round I. The 1977 amendments also provided:

the Secretary shall not consider or approve or make a grant for any project for which any application was not submitted for a grant under this chapter on or before December 23, 1976. (Emphasis added)

42 U.S.C. § 6707(h)(1) (1977). Three exceptions to this limitation were for projects from the Trust Territory of the Pacific Islands, from Indian tribes and Alaskan Native villages, and “from any applicant to use any allocation which may be made pursuant to regulation, to the extent necessary to expend such allocation, if a sufficient number of applications were not submitted on or before December 23, 1976, to use such allocation.” 42 U.S.C. § 6707(h)(2) (A), (B), and (C) (1977). The December 23, 1976 cut-off date implemented Congress’ intention that projects submitted under Round I, which were not granted, would be the first funded in Round II.

On November 30, 1976, the Harrison County Board of Supervisors submitted a Round I application for the construction of subsurface drainage improvements in North Gulfport.3 A total of $4,010,000 in assistance was requested for the construction of five watersheds which could be constructed as a single project. However, each watershed could be constructed separately.4 (Plaintiff’s Exhibit 17-A, p. 22). EDA did not grant any Round I funds to Harrison County projects.5

When Round II commenced, EDA assigned a “planning target” of $1,058,000 to Harrison County. This sum was more than $3 million short of the total amount Harrison County had sought under Round I. Pursuant to EDA’s interpretation of 42 U.S.C. § 6707(h)(2)(C)6 of the 1977 Act, [1319]*1319EDA found that the subsurface drainage project request was no longer viable and declared it a nullity. Harrison County was then allowed to submit a new application.

In June, 1977, the Harrison County Board of Supervisors voted to submit a new application for project funds. The application submitted on July 11, 1977, consisted of three projects, ranked in order of the Board’s priority, 42 U.S.C. § 6707(d), as follows:

(1) Bell’s Ferry Bridge — a $650,000 project for the construction of a bridge over the Wolfe River which would lead to a new manufacturing plant under construction.
(2) North Gulfport — a $327,000 version of the subsurface drainage project.
(3) District Building — an $81,000 version of the renovation project for the Southern Mississippi Planning and Development District Building.

On August, 12,1977, the Harrison County Board of Education submitted an application for a $650,000 share of the county’s planning target for the construction of additional classrooms.7 The Board of Supervisors and the Board of Education were unable to agree upon the priority to be given their respective projects.8 EDA, therefore, exercised its authority9 and determined that the Bell’s Ferry Bridge should be ranked first and the remaining $408,000 would be given to the school board project. These funds were granted by EDA on September 30, 1977.

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571 F.2d 1316, 1978 U.S. App. LEXIS 11139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/isiah-fredericks-v-juanita-kreps-secretary-of-the-department-of-commerce-ca5-1978.