or agreed pursuant to a binding agreement to be made which— (aa) aggregate more than $250,000, and (bb) have been designated in writing for the use in, or the development of, such trade or business, or (III) the qualified opportunity fund or qualified opportunity zone business is determined by the Secretary to have relied on the designation of the disqualified census tract as a qualified opportunity zone and to have suffered or is expected to suffer a loss as a result of the application of paragraph (1). (ii) Trade or business The term trade or business includes any activity intended to qualify as a trade or business within the meaning of section 162. (C) Regulations and guidance The Secretary shall prescribe such regulations or guidance as may be necessary or appropriate to carry out the purposes of this paragraph, including guidance to prevent speculative investment solely for the purpose of falling within the definition of a qualified preexisting trade or business. (6) Determination of population census tract data For purposes of applying this subsection, in determining whether a population census tract meets any qualification with respect to poverty rate or any aspect of median income, such determination shall be made using the most recent census data that has been published by the Bureau of the Census as of the date of enactment of this subsection. . 102. Certain former industrial tracts permitted to be designated as opportunity zones Section 1400Z-1 of the Internal Revenue Code of 1986, as amended by section 101, is amended by adding at the end the following new subsection: (h) Special rule for former industrial tracts contiguous to designated opportunity zones (1) In general For purposes of this chapter, the term qualified opportunity zone means an population census tract which is described in paragraph (2) and designated as a qualified opportunity zone under this subsection. (2) Population census tract described A population census tract is described in this subparagraph if— (A) the tract— (i) has a