40 USC Ch. 145: SPECIAL APPALACHIAN PROGRAMS

From Title 40—PUBLIC BUILDINGS, PROPERTY, AND WORKSSUBTITLE IV—APPALACHIAN REGIONAL DEVELOPMENT

CHAPTER 145—SPECIAL APPALACHIAN PROGRAMS

SUBCHAPTER I—PROGRAMS

Sec.

14501.

Appalachian development highway system.

14502.

Demonstration health projects.

14503.

Assistance for proposed low- and middle-income housing projects.

14504.

Telecommunications and technology initiative.

14505.

Entrepreneurship initiative.

14506.

Regional skills partnerships.

14507.

Supplements to federal grant programs.

14508.

Economic and energy development initiative.

14509.

High-speed broadband deployment initiative.

14510.

Drug abuse mitigation initiative.

14511 ¹

Appalachian regional energy hub initiative.

SUBCHAPTER II—ADMINISTRATIVE

14521.

Required level of expenditure.

14522.

Consent of States.

14523.

Program implementation.

14524.

Program development criteria.

14525.

State development planning process.

14526.

Distressed, at-risk, and economically strong counties.

Editorial Notes

Amendments

Pub. L. 117–58, div. A, title I, §11506(e)(2), Nov. 15, 2021, 135 Stat. 586, which directed amendment of the analysis for subchapter I of this chapter by adding item 14511 at the end, was executed by adding item 14511 to the analysis for this chapter to reflect the probable intent of Congress.

2018—Pub. L. 115–271, title VIII, §8062(b), Oct. 24, 2018, 132 Stat. 4095, added item 14510.

2015—Pub. L. 114–94, div. A, title I, §1436(a)(2), Dec. 4, 2015, 129 Stat. 1431, added item 14509.

2008—Pub. L. 110–371, §§3(b), 4(b), Oct. 8, 2008, 122 Stat. 4041, added items 14508 and 14526 and struck out former item 14526 "Distressed and economically strong counties".

¹ So in original. Probably should be followed by a period.

SUBCHAPTER I—PROGRAMS

§14501. Appalachian development highway system

(a) Purpose.—To provide a highway system which, in conjunction with the Interstate System and other Federal-aid highways in the Appalachian region, will open up an area with a developmental potential where commerce and communication have been inhibited by lack of adequate access, the Secretary of Transportation may assist in the construction of an Appalachian development highway system and local access roads serving the Appalachian region. Construction on the development highway system shall not be more than three thousand and ninety miles. There shall not be more than 1,400 miles of local access roads that serve specific recreational, residential, educational, commercial, industrial, or similar facilities or facilitate a school consolidation program.

(b) Commission Designations.—

(1) What is to be designated.—The Appalachian Regional Commission shall transmit to the Secretary its designations of—

(A) the general corridor location and termini of the development highways;

(B) local access roads to be constructed;

(D) other criteria for the program authorized by this section.

(2) State transportation department recommendation required.—Before a state member participates in or votes on designations, the member must obtain the recommendations of the state transportation department of the State which the member represents.

(c) Addition to Federal-aid Primary System.—When completed, each development highway not already on the Federal-aid primary system shall be added to the system.

(d) Use of Specific Materials and Products.—

(1) Indigenous materials and products.—In the construction of highways and roads authorized under this section, a State may give special preference to the use of materials and products indigenous to the Appalachian region.

(2) Coal derivatives.—For research and development in the use of coal and coal products in highway construction and maintenance, the Secretary may require each participating State, to the maximum extent possible, to use coal derivatives in the construction of not more than 10 percent of the roads authorized under this subtitle.

(e) Federal Share.—Federal assistance to any construction project under this section shall not be more than 80 percent of the cost of the project.

(f) Construction Without Federal Amounts.—

(1) Payment of federal share.—When a participating State constructs a segment of a development highway without the aid of federal amounts and the construction is in accordance with all procedures and requirements applicable to the construction of segments of Appalachian development highways with those amounts, except for procedures and requirements that limit a State to the construction of projects for which federal amounts have previously been appropriated, the Secretary, on application by the State and with the approval of the Commission, may pay to the State the federal share, which shall not be more than 80 percent of the cost of the construction of the segment, from any amounts appropriated and allocated to the State to carry out this section.

(2) No commitment or obligation.—This subsection does not commit or obligate the Federal Government to provide amounts for segments of development highways constructed under this subsection.

(g) Application of Title 23.—

(1) Sections 106(a) and 118.—Sections 106(a) and 118 of title 23 apply to the development highway system and the local access roads.

(2) Construction and maintenance.—States are required to maintain each development highway and local access road as provided for Federal-aid highways in title 23. All other provisions of title 23 that are applicable to the construction and maintenance of Federal-aid primary and secondary highways and which the Secretary decides are not inconsistent with this subtitle shall apply to the system and roads, respectively.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1265; Pub. L. 108–199, div. F, title I, §123(a), Jan. 23, 2004, 118 Stat. 296.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
14501(a)	40 App.:201(a) (1st, 3d, last sentences).	Pub. L. 89–4, title II, §201, Mar. 9, 1965, 79 Stat. 10; Pub. L. 89–670, §8(b), Oct. 15, 1966, 80 Stat. 942; Pub. L. 90–103, title I, §106, Oct. 11, 1967, 81 Stat. 258; Pub. L. 91–123, title I, §103, Nov. 25, 1969, 83 Stat. 214; Pub. L. 92–65, title II, §204, Aug. 5, 1971, 85 Stat. 168; Pub. L. 94–188, title I, §110, Dec. 31, 1975, 89 Stat. 1081; Pub. L. 95–599, title I, §138(a), (b), Nov. 6, 1978, 92 Stat. 2710; Pub. L. 96–506, §3(3), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 97–35, title XVIII, §1822(a)(2), Aug. 13, 1981, 95 Stat. 767; Pub. L. 105–178, title I, §1117(c), title II, §1212(a)(2)(B)(iii), June 9, 1998, 112 Stat. 160, 193.
14501(b)	40 App.:201(b).
14501(c)	40 App.:201(c) (1st sentence, last sentence words before "and each").
14501(d)(1)	40 App.:201(d).
14501(d)(2)	40 App.:201(e).
14501(e)	40 App.:201(f), (g).
14501(f)	40 App.:201(h).
14501(g)(1)	40 App.:201(a) (2d sentence words before 6th comma).
14501(g)(2)	40 App.:201(a) (2d sentence words after 6th comma), (c) (last sentence words after "to such system").

In subsection (c), the text of 40 App.:201(c) (1st sentence) is omitted as obsolete because appropriations were not authorized under 40 App.:201(g) after fiscal year 1982.

In subsection (e), the text of 40 App.:201(g) is omitted as obsolete.

Editorial Notes

Amendments

2004—Subsec. (a). Pub. L. 108–199, which directed substitution of "three thousand and ninety" for "three thousand and twenty-five" in third sentence, was executed by substituting "three thousand and ninety" for "3,025" in second sentence of subsec. (a) to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Appalachian Development Highway System

Pub. L. 112–141, div. A, title I, §1528, July 6, 2012, 126 Stat. 582, as amended by Pub. L. 114–94, div. A, title I, §1435, Dec. 4, 2015, 129 Stat. 1430, provided that:

"(a) Sense of the Senate.—It is the Sense of the Senate that the timely completion of the Appalachian development highway system is a transportation priority in the national interest.

"(b) Modified Federal Share for Projects on ADHS.—For fiscal years 2012 through 2050, the Federal share payable for the cost of constructing highways and access roads on the Appalachian development highway system under section 14501 of title 40, United States Code, with funds made available to a State for fiscal year 2012 or a previous fiscal year for the Appalachian development highway system program, or with funds made available for fiscal year 2012 or a previous fiscal year for a specific project, route, or corridor on that system, shall be up to 100 percent, as determined by the State.

"(c) Federal Share for Other Funds Used on ADHS.—For fiscal years 2012 through 2050, the Federal share payable for the cost of constructing highways and access roads on the Appalachian development highway system under section 14501 of title 40, United States Code, with Federal funds apportioned to a State for a program other than the Appalachian development highway system program shall be up to 100 percent, as determined by the State.

"(d) Completion Plan.—

"(1) In general.—Subject to paragraph (2), not later than 1 year after the date of enactment of the MAP–21 [deemed to be Oct. 1, 2012], each State represented on the Appalachian Regional Commission shall establish a plan for the completion of the designated corridors of the Appalachian development highway system within the State, including annual performance targets, with a target completion date.

"(2) Significant uncompleted miles.—If the percentage of remaining Appalachian development highway system needs for a State, according to the latest cost to complete estimate for the Appalachian development highway system, is greater than 15 percent of the total cost to complete estimate for the entire Appalachian development highway system, the State shall not establish a plan under paragraph (1) that would result in a reduction of obligated funds for the Appalachian development highway system within the State for any subsequent fiscal year."

§14502. Demonstration health projects

(a) Purpose.—To demonstrate the value of adequate health facilities and services to the economic development of the Appalachian region, the Secretary of Health and Human Services may make grants for the planning, construction, equipment, and operation of multi-county demonstration health, nutrition, and child care projects, including hospitals, regional health diagnostic and treatment centers, and other facilities and services necessary for the purposes of this section.

(b) Planning Grants.—

(1) Authority to provide amounts and make grants.—The Secretary may provide amounts to the Appalachian Regional Commission for the support of its Health Advisory Committee and may make grants for expenses of planning necessary for the development and operation of demonstration health projects for the region.

(2) Limitation on available amounts.—The amount of a grant under this section for planning shall not be more than 75 percent of expenses.

(3) Sources of assistance.—The federal contribution may be provided entirely from amounts authorized under this section or in combination with amounts provided under other federal or federal grant programs.

(4) Federal share.—Notwithstanding any provision of law limiting the federal share in those other programs, amounts appropriated to carry out this section may be used to increase the federal share to the maximum percentage cost of a grant authorized by this subsection.

(1) Additional uses for construction grants.—Grants under this section for construction may also be used for—

(A) the acquisition of privately owned facilities—

(i) not operated for profit; or

(ii) previously operated for profit if the Commission finds that health services would not otherwise be provided in the area served by the facility if the acquisition is not made; and

(B) initial equipment.

(2) Standards for making grants.—Grants under this section for construction shall be made in accordance with section 14523 of this title and shall not be incompatible with the applicable provisions of title VI of the Public Health Service Act (42 U.S.C. 291 et seq.), the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.), and other laws authorizing grants for the construction of health-related facilities, without regard to any provisions in those laws relating to appropriation authorization ceilings or to allotments among the States.

(3) Limitation on available amounts.—A grant for the construction or equipment of any component of a demonstration health project shall not be more than 80 percent of the cost.

(4) Sources of assistance.—The federal contribution may be provided entirely from amounts authorized under this section or in combination with amounts provided under other federal grant programs for the construction or equipment of health-related facilities.

(5) Federal share.—Notwithstanding any provision of law limiting the federal share in those other programs, amounts authorized under this section may be used to increase federal grants for component facilities of a demonstration health project to a maximum of 80 percent of the cost of the facilities.

(d) Operation Grants.—

(1) Standards for making grants.—A grant for the operation of a demonstration health project shall not be made—

(A) unless the facility is publicly owned, or owned by a public or private nonprofit organization, and is not operated for profit;

(B) after five years following the commencement of the initial grant for operation of the project, except that child development demonstrations assisted under this section during fiscal year 1979 may be approved under section 14322 of this title for continued support beyond that period, on request of the State, if the Commission finds that no federal, state, or local amounts are available to continue the project; and

(C) unless the Secretary of Health and Human Services is satisfied that the operation of the project will be conducted under efficient management practices designed to obviate operating deficits.

(2) Limitation on available amounts.—Grants under this section for the operation (including initial operating amounts and operating deficits, which include the cost of attracting, training, and retaining qualified personnel) of a demonstration health project, whether or not constructed with amounts authorized to be appropriated by this section, may be made for up to—

(A) 50 percent of the cost of that operation;

(B) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of the cost of that operation; or

(C) in the case of a project to be carried out for a county for which an at-risk county designation is in effect under section 14526, 70 percent of the cost of that operation.

(3) Sources of assistance.—The federal contribution may be provided entirely from amounts appropriated to carry out this section or in combination with amounts provided under other federal grant programs for the operation of health related facilities and the provision of health and child development services, including parts A and B of title IV and title XX of the Social Security Act (42 U.S.C. 601 et seq., 620 et seq., 1397 et seq.).

(4) Federal share.—Notwithstanding any provision of law limiting the federal share in those other programs, amounts appropriated to carry out this section may be used to increase federal grants for operating components of a demonstration health project to the maximum percentage cost of a grant authorized by this subsection.

(5) State deemed to meet requirement of providing assistance or services on statewide basis.—Notwithstanding any provision of the Social Security Act (42 U.S.C. 301 et seq.) requiring assistance or services on a statewide basis, a State providing assistance or services under a federal grant program described in paragraph (2) in any area of the region approved by the Commission is deemed to be meeting that requirement.

(e) Grant Sources and Use of Grants in Computing Allotments.—Grants under this section—

(1) shall be made only out of amounts specifically appropriated for the purpose of carrying out this subtitle; and

(2) shall not be taken into account in computing allotments among the States under any other law.

(f) Maximum Commission Contribution.—

(1) In general.—Subject to paragraphs (2) and (3), the Commission may contribute not more than 50 percent of any project cost eligible for financial assistance under this section from amounts appropriated to carry out this subtitle.

(2) Distressed counties.—The maximum Commission contribution for a project to be carried out in a county for which a distressed county designation is in effect under section 14526 of this title may be increased to the lesser of—

(A) 80 percent; or

(B) the maximum federal contribution percentage authorized by this section.

(3) At-risk counties.—The maximum Commission contribution for a project to be carried out in a county for which an at-risk county designation is in effect under section 14526 may be increased to the lesser of—

(A) 70 percent; or

(B) the maximum Federal contribution percentage authorized by this section.

(g) Emphasis on Occupational Diseases From Coal Mining.—To provide for the further development of the Appalachian region's human resources, grants under this section shall give special emphasis to programs and research for the early detection, diagnosis, and treatment of occupational diseases arising from coal mining, such as black lung.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1266; Pub. L. 110–371, §2(b), Oct. 8, 2008, 122 Stat. 4038.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
14502(a)	40 App.:202(a) (1st sentence).	Pub. L. 89–4, title II, §202(a)–(e), Mar. 9, 1965, 79 Stat. 11; Pub. L. 90–103, title I, §107, Oct. 11, 1967, 81 Stat. 259; Pub. L. 91–123, title I, §104, Nov. 25, 1969, 83 Stat. 214; Pub. L. 92–65, title II, §206, Aug. 5, 1971, 85 Stat. 169; Pub. L. 94–188, title I, §111, Dec. 31, 1975, 89 Stat. 1081; Pub. L. 95–193, §1, Nov. 18, 1977, 91 Stat. 1412; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 96–545, §2, Dec. 18, 1980, 94 Stat. 3215; Pub. L. 105–393, title II, §207(a), (c), Nov. 13, 1998, 112 Stat. 3620; Pub. L. 107–149, §13(c), (d), Mar. 12, 2002, 116 Stat. 71.
14502(b)	40 App.:202(d).
14502(c)(1), (2)	40 App.:202(a) (2d sentence).
14502(c)(3)– (5)	40 App.:202(b).
14502(d)(1)	40 App.:202(c) (5th–last sentences).
14502(d)(2), (3)	40 App.:202(c) (1st, 2d sentences).
14502(d)(4)	40 App.:202(c) (4th sentence).
14502(d)(5)	40 App.:202(c) (3d sentence).
14502(e)	40 App.:202(a) (last sentence).
14502(f)	40 App.:202(f).	Pub. L. 89–4, title II, §202(f), as added Pub. L. 105–393, title II, §207(b), Nov. 13, 1998, 112 Stat. 3620.
14502(g)	40 App.:202(e).

In subsection (c)(1)(A)(ii), the words "where the acquisition of such facilities is the most cost-effective means for providing increased health services" are omitted as unnecessary because of the more narrow requirement that the Commission find that but for the acquisition of the facility, the health services would not be otherwise provided in the area served by the facility.

In subsection (f)(1), the words "After September 30, 1998" are omitted as obsolete.

Editorial Notes

References in Text

The Public Health Service Act, referred to in subsec. (c)(2), is act July 1, 1944, ch. 373, 58 Stat. 682. Title VI of the Act is classified generally to subchapter IV (§291 et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.

The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (c)(2), is Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677, which is classified principally to chapter 144 (§15001 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 15001 of Title 42 and Tables.

The Social Security Act, referred to in subsec. (d)(3), (5), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§301 et seq.) of Title 42, The Public Health and Welfare. Parts A and B of title IV of the Act are classified generally to parts A (§601 et seq.) and B (§620 et seq.) of subchapter IV of chapter 7 of Title 42. Title XX of the Act is classified generally to subchapter XX (§1397 et seq.) of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

2008—Subsec. (d)(2). Pub. L. 110–371, §2(b)(1), added par. (2) and struck out heading and text of former par. (2). Text read as follows: "Grants under this section for the operation (including initial operating amounts and operating deficits, which include the cost of attracting, training, and retaining qualified personnel) of a demonstration health project, whether or not constructed with amounts authorized by this section, may be made for up to 50 percent of the cost of that operation (or 80 percent of the cost of that operation for a project to be carried out in a county for which a distressed county designation is in effect under section 14526 of this title)."

Subsec. (f)(1). Pub. L. 110–371, §2(b)(2)(A), substituted "paragraphs (2) and (3)" for "paragraph (2)".

Subsec. (f)(3). Pub. L. 110–371, §2(b)(2)(B), added par. (3).

Statutory Notes and Related Subsidiaries

Termination of Advisory Committee

Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.

§14503. Assistance for proposed low- and middle-income housing projects

(a) Appalachian Housing Fund.—

(1) Establishment.—There is an Appalachian Housing Fund.

(2) Source and use of amounts in fund.—Amounts allocated to the Secretary of Housing and Urban Development for the purposes of this section shall be deposited in the Fund. The Secretary shall use the Fund as a revolving fund to carry out those purposes. Amounts in the Fund not needed for current operation may be invested in bonds or other obligations the Federal Government guarantees as to principal and interest. General expenses of administration of this section may be charged to the Fund.

(b) Purpose.—To encourage and facilitate the construction or rehabilitation of housing to meet the needs of low- and moderate-income families and individuals, the Secretary may make grants and loans from the Fund, under terms and conditions the Secretary may prescribe. The grants and loans may be made to nonprofit, limited dividend, or cooperative organizations and public bodies and are for planning and obtaining federally insured mortgage financing or other financial assistance for housing construction or rehabilitation projects for low- and moderate-income families and individuals, in any area of the Appalachian region the Appalachian Regional Commission establishes, under—

(1) section 221 of the National Housing Act (12 U.S.C. 1715l);

(2) section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f);

(3) section 515 of the Housing Act of 1949 (42 U.S.C. 1485); or

(4) any other law of similar purpose administered by the Secretary or any other department, agency, or instrumentality of the Federal Government or a state government.

(c) Providing Amounts to States for Grants and Loans.—The Secretary or the Commission may provide amounts to the States for making grants and loans to nonprofit, limited dividend, or cooperative organizations and public bodies for the purposes for which the Secretary may provide amounts under this section.

(d) Loans.—

(1) Limitation on available amounts.—A loan under subsection (b) for the cost of planning and obtaining financing (including the cost of preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, site options, application and mortgage commitment fees, legal fees, and construction loan fees and discounts) of a project described in that subsection may be made for up to—

(A) 50 percent of that cost;

(B) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of that cost; or

(C) in the case of a project to be carried out for a county for which an at-risk county designation is in effect under section 14526, 70 percent of that cost.

(2) Interest.—A loan shall be made without interest, except that a loan made to an organization established for profit shall bear interest at the prevailing market rate authorized for an insured or guaranteed loan for that type of project.

(3) Payment.—The Secretary shall require payment of a loan made under this section, under terms and conditions the Secretary may require, no later than on completion of the project. Except for a loan to an organization established for profit, the Secretary may cancel any part of a loan made under this section on determining that a permanent loan to finance the project cannot be obtained in an amount adequate for repayment of a loan made under this section.

(e) Grants.—

(1) In general.—A grant under this section for expenses incidental to planning and obtaining financing for a project under this section that the Secretary considers to be unrecoverable from the proceeds of a permanent loan made to finance the project shall—

(A) not be made to an organization established for profit; and

(B) except as provided in paragraph (2), not exceed—

(i) 50 percent of those expenses;

(ii) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of those expenses; or

(iii) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent of those expenses.

(2) Site development costs and offsite improvements.—The Secretary may make grants and commitments for grants, and may advance amounts under terms and conditions the Secretary may require, to nonprofit, limited dividend, or cooperative organizations and public bodies for reasonable site development costs and necessary offsite improvements, such as sewer and water line extensions, when the grant, commitment, or advance is essential to the economic feasibility of a housing construction or rehabilitation project for low- and moderate-income families and individuals which otherwise meets the requirements for assistance under this section. A grant under this paragraph for—

(A) the construction of housing shall not be more than 10 percent of the cost of the project; and

(B) the rehabilitation of housing shall not be more than 10 percent of the reasonable value of the rehabilitation housing, as determined by the Secretary.

(f) Information, Advice, and Technical Assistance.—The Secretary or the Commission may provide, or contract with public or private organizations to provide, information, advice, and technical assistance with respect to the construction, rehabilitation, and operation by nonprofit organizations of housing for low- or moderate- income families in areas of the region the Commission establishes.

(g) Application of Certain Provisions.—Programs and projects assisted under this section are subject to the provisions cited in section 14701 of this title to the extent provided in the laws authorizing assistance for low- and moderate-income housing.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1268; Pub. L. 110–371, §2(c), Oct. 8, 2008, 122 Stat. 4038.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
14503(a)	40 App.:207(d).	Pub. L. 89–4, title II, §207, as added Pub. L. 90–103, title I, §112, Oct. 11, 1967, 81 Stat. 261; Pub. L. 90–448, title II, §201(f), Aug. 1, 1968, 82 Stat. 502; Pub. L. 91–123, title I, §106, Nov. 25, 1969, 83 Stat. 215; Pub. L. 92–65, title II, §208, Aug. 5, 1971, 85 Stat. 169; Pub. L. 94–188, title I, §113, Dec. 31, 1975, 89 Stat. 1082; Pub. L. 105–393, title II, §212, Nov. 13, 1998, 112 Stat. 3621; Pub. L. 107–149, §13(e), Mar. 12, 2002, 116 Stat. 71.
14503(b)	40 App.:207(a).
14503(c)	40 App.:207(e) (words after "areas of the region").
14503(d)	40 App.:207(b).
14503(e)	40 App.:207(c).
14503(f)	40 App.:207(e) (words before "and may provide funds").
14503(g)	40 App.:207(f).

Subsection (a)(1) is added for clarity and for consistency with other titles of the United States Code.

In subsection (g), the words "notwithstanding such section" are omitted as unnecessary.

Editorial Notes

Amendments

2008—Subsec. (d)(1). Pub. L. 110–371, §2(c)(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: "A loan under subsection (b) shall not be more than 50 percent (or 80 percent for a project to be carried out in a county for which a distressed county designation is in effect under section 14526 of this title) of the cost of planning and obtaining financing for a project, including preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, site options, application and mortgage commitment fees, legal fees, and construction loan fees and discounts."

Subsec. (e)(1). Pub. L. 110–371, §2(c)(2), added par. (1) and struck out heading and text of former par. (1). Text read as follows: "A grant under this section shall not be made to an organization established for profit and, except as provided in paragraph (2), shall not exceed 50 percent (or 80 percent for a project to be carried out in a county for which a distressed county designation is in effect under section 14526 of this title) of expenses, incident to planning and obtaining financing for a project, which the Secretary considers not to be recoverable from the proceeds of a permanent loan made to finance the project."

§14504. Telecommunications and technology initiative

(a) Projects To Be Assisted.—The Appalachian Regional Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide amounts to persons or entities in the region for projects—

(1) to increase affordable access to advanced telecommunications, entrepreneurship, and management technologies or applications in the region;

(2) to provide education and training in the use of telecommunications and technology;

(3) to develop programs to increase the readiness of industry groups and businesses in the region to engage in electronic commerce; or

(4) to support entrepreneurial opportunities for businesses in the information technology sector.

(b) Limitation on Available Amounts.—Of the cost of any activity eligible for a grant under this section, not more than—

(1) 50 percent may be provided from amounts appropriated to carry out this section;

(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this section; or

(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section.

(c) Sources of Assistance.—Assistance under this section may be provided entirely from amounts made available to carry out this section, in combination with amounts made available under other federal programs, or from any other source.

(d) Federal Share.—Notwithstanding any provision of law limiting the federal share under any other federal program, amounts made available to carry out this section may be used to increase that federal share, as the Commission decides is appropriate.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1270; Pub. L. 110–371, §2(d), Oct. 8, 2008, 122 Stat. 4039.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
14504(a)	40 App.:203(a).	Pub. L. 89–4, title II, §203, as added Pub. L. 107–149, §5, Mar. 12, 2002, 116 Stat. 67.
14504(b)	40 App.:203(c).
14504(c)	40 App.:203(b)(1).
14504(d)	40 App.:203(b)(2).

Editorial Notes

Amendments

2008—Subsec. (b). Pub. L. 110–371 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: "Not more than 50 percent (or 80 percent in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526 of this title) of the cost of any activity eligible for a grant under this section may be provided from amounts appropriated to carry out this section."

§14505. Entrepreneurship initiative

(a) Business Incubator Service.—In this section, the term "business incubator service" means a professional or technical service necessary for the initiation and initial sustainment of the operations of a newly established business, including a service such as—

(1) a legal service, including aid in preparing a corporate charter, partnership agreement, or basic contract;

(2) a service in support of the protection of intellectual property through a patent, a trademark, or any other means;

(3) a service in support of the acquisition and use of advanced technology, including the use of Internet services and Web-based services; and

(4) consultation on strategic planning, marketing, or advertising.

(b) Projects To Be Assisted.—The Appalachian Regional Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide amounts to persons or entities in the region for projects—

(1) to support the advancement of, and provide, entrepreneurial training and education for youths, students, and businesspersons;

(2) to improve access to debt and equity capital by such means as facilitating the establishment of development venture capital funds;

(3) to aid communities in identifying, developing, and implementing development strategies for various sectors of the economy;

(4) to develop a working network of business incubators; and

(5) to support entities that provide business incubator services.

(1) 50 percent may be provided from amounts appropriated to carry out this section;

(d) Sources of Assistance.—Assistance under this section may be provided entirely from amounts made available to carry out this section, in combination with amounts made available under other federal programs, or from any other source.

(e) Federal Share.—Notwithstanding any provision of law limiting the federal share under any other federal program, amounts made available to carry out this section may be used to increase that federal share, as the Commission decides is appropriate.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1271; Pub. L. 110–371, §2(e), Oct. 8, 2008, 122 Stat. 4039.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
14505(a)	40 App.:204(a).	Pub. L. 89–4, title II, §204, as added Pub. L. 107–149, §6, Mar. 12, 2002, 116 Stat. 68.
14505(b)	40 App.:204(b).
14505(c)	40 App.:204(d).
14505(d)	40 App.:204(c)(1).
14505(e)	40 App.:204(c)(2).

Editorial Notes

Amendments

2008—Subsec. (c). Pub. L. 110–371 added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: "Not more than 50 percent (or 80 percent in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526 of this title) of the cost of any activity eligible for a grant under this section may be provided from amounts appropriated to carry out this section."

§14506. Regional skills partnerships

(a) Eligible Entity.—In this section, the term "eligible entity" means a consortium that—

(1) is established to serve one or more industries in a specified geographic area; and

(2) consists of representatives of—

(A) businesses (or a nonprofit organization that represents businesses);

(B) labor organizations;

(D) educational institutions.

(b) Projects To Be Assisted.—The Appalachian Regional Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide amounts to eligible entities in the region for projects to improve the job skills of workers for a specified industry, including projects for—

(1) the assessment of training and job skill needs for the industry;

(2) the development of curricula and training methods, including, in appropriate cases, electronic learning or technology-based training;

(3) the identification of training providers;

(4) the development of partnerships between the industry and educational institutions, including community colleges;

(5) the development of apprenticeship programs;

(6) the development of training programs for workers, including dislocated workers; and

(7) the development of training plans for businesses.

(c) Administrative Costs.—An eligible entity may use not more than 10 percent of amounts made available to the eligible entity under subsection (b) to pay administrative costs associated with the projects described in subsection (b).

(d) Limitation on Available Amounts.—Of the cost of any activity eligible for a grant under this section, not more than—

(1) 50 percent may be provided from amounts appropriated to carry out this section;

(e) Sources of Assistance.—Assistance under this section may be provided entirely from amounts made available to carry out this section, in combination with amounts made available under other federal programs, or from any other source.

(f) Federal Share.—Notwithstanding any provision of law limiting the federal share under any other federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Commission decides is appropriate.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1271; Pub. L. 110–371, §2(f), Oct. 8, 2008, 122 Stat. 4039.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
14506(a)	40 App.:205(a).	Pub. L. 89–4, title II, §205, as added Pub. L. 107–149, §7, Mar. 12, 2002, 116 Stat. 69.
14506(b)	40 App.:205(b).
14506(c)	40 App.:205(c).
14506(d)	40 App.:205(e).
14506(e)	40 App.:205(d)(1).
14506(f)	40 App.:205(d)(2).

Editorial Notes

Amendments

2008—Subsec. (d). Pub. L. 110–371 added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: "Not more than 50 percent (or 80 percent in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526 of this title) of the cost of any activity eligible for a grant under this section may be provided from amounts appropriated to carry out this section."

§14507. Supplements to federal grant programs

(a) Definition.—

(1) Federal grant programs.—In this section, the term "federal grant programs"—

(A) means any federal grant program that provides assistance for the acquisition or development of land, the construction or equipment of facilities, or other community or economic development or economic adjustment activities, including a federal grant program authorized by—

(i) the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.);

(ii) chapter 2003 of title 54;

(iii) the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.);

(iv) the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.);

(v) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (known as the Clean Water Act);

(vi) title VI of the Public Health Services Act (42 U.S.C. 291 et seq.);

(vii) sections 201 and 209 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141, 3149);

(viii) title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.); and

(ix) part IV of title III of the Communications Act of 1934 (47 U.S.C. 390 et seq.); but

(B) does not include—

(i) the program for the construction of the development highway system authorized by section 14501 of this title or any other program relating to highway or road construction authorized by title 23; or

(ii) any other program to the extent that financial assistance other than a grant is authorized.

(2) Certain sewage treatment works deemed constructed with federal grant assistance.—For the purpose of this section, any sewage treatment works constructed pursuant to title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) (known as the Clean Water Act) without federal grant assistance under that title is deemed to be constructed with that assistance.

(b) Purpose.—To enable the people, States, and local communities of the Appalachian region, including local development districts, to take maximum advantage of federal grant programs for which they are eligible but for which, because of their economic situation, they cannot supply the required matching share, or for which there are insufficient amounts available under the federal law authorizing the programs to meet pressing needs of the region, the Federal Cochairman may use amounts made available to carry out this section—

(1) for any part of the basic federal contribution to projects or activities under the federal grant programs authorized by federal laws; and

(2) to increase the federal contribution to projects and activities under the programs above the fixed maximum part of the cost of the projects or activities otherwise authorized by the applicable law.

(c) Certification Required.—For a program, project, or activity for which any part of the basic federal contribution to the project or activity under a federal grant program is proposed to be made under subsection (b), the contribution shall not be made until the responsible federal official administering the federal law authorizing the contribution certifies that the program, project, or activity meets the applicable requirements of the federal law and could be approved for federal contribution under that law if amounts were available under the law for the program, project, or activity.

(d) Limitations in Other Laws Inapplicable.—Amounts provided pursuant to this subtitle are available without regard to any limitations on areas eligible for assistance or authorizations for appropriation in any other law.

(e) Acceptance of Certain Material.—For a supplemental grant for a project or activity under a federal grant program, the Federal Cochairman shall accept any finding, report, certification, or documentation required to be submitted to the head of the department, agency, or instrumentality of the Federal Government responsible for the administration of the program.

(f) Federal Share.—The federal portion of the cost of a project or activity shall not—

(1) be increased to more than the percentages the Commission establishes; nor

(2) be more than 80 percent of the cost.

(g) Maximum Commission Contribution.—

(1) In general.—Subject to paragraphs (2) and (3), the Commission may contribute not more than 50 percent of a project or activity cost eligible for financial assistance under this section from amounts appropriated to carry out this subtitle.

(2) Distressed counties.—The maximum Commission contribution for a project or activity to be carried out in a county for which a distressed county designation is in effect under section 14526 of this title may be increased to 80 percent.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1272; Pub. L. 109–270, §2(j), Aug. 12, 2006, 120 Stat. 748; Pub. L. 110–371, §2(g), Oct. 8, 2008, 122 Stat. 4040; Pub. L. 113–287, §5(j)(7), Dec. 19, 2014, 128 Stat. 3269.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
14507(a)	40 App.:214(c).	Pub. L. 89–4, title II, §214, Mar. 9, 1965, 79 Stat. 17; Pub. L. 90–103, title I, §116, Oct. 11, 1967, 81 Stat. 263; Pub. L. 91–123, title I, §107, Nov. 25, 1969, 83 Stat. 215; Pub. L. 91–258, title I, §52(b)(5), May 21, 1970, 84 Stat. 235; Pub. L. 92–65, title II, §210, Aug. 5, 1971, 85 Stat. 171; Pub. L. 94–188, title I, §115, Dec. 31, 1975, 89 Stat. 1083; Pub. L. 96–506, §3(4), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 98–524, §4(e)(2), Oct. 19, 1984, 98 Stat. 2489; Pub. L. 104–208, div. A, title I, §101(e) [title VII, §709(a)(5)], Sept. 30, 1996, 110 Stat. 3009–312; Pub. L. 105–332, §3(g), Oct. 31, 1998, 112 Stat. 3126, Pub. L. 105–393, title II, §217, Nov. 13, 1998, 112 Stat. 3622; Pub. L. 107–149, §13(c), (f), Mar. 12, 2002, 116 Stat. 71.
14507(b)	40 App.:214(a) (1st sentence).
14507(c)	40 App.:214(a) (2d sentence).
14507(d)	40 App.:214(a) (3d sentence).
14507(e)	40 App.:214(a) (last sentence).
14507(f)	40 App.:214(b)(1).
14507(g)	40 App.:214(b)(2).

In subsection (a)(1)(A), before subclause (i), the words "authorized by this Act or any other Act" are omitted as unnecessary.

In subsection (a)(1)(B)(ii), the words "under this Act or any other Act" and "a form of" are omitted as unnecessary.

In subsection (a)(2), the words "title II" are substituted for "section 8(c)" because of the general amendment and revision of the Federal Water Pollution Control Act by section 2 of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92–500, 86 Stat. 816).

In subsection (g)(1), the words "after September 30, 1998" are omitted as obsolete.

Editorial Notes

References in Text

The Consolidated Farm and Rural Development Act, referred to in subsec. (a)(1)(A)(i), is title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, which is classified principally to chapter 50 (§1921 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1921 of Title 7 and Tables.

The Watershed Protection and Flood Prevention Act, referred to in subsec. (a)(1)(A)(iii), is act Aug. 4, 1954, ch. 656, 68 Stat. 666, which is classified principally to chapter 18 (§1001 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 16 and Tables.

The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (a)(1)(A)(iv), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 109–270, §1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§2301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of Title 20 and Tables.

The Federal Water Pollution Control Act, referred to in subsec. (a)(1)(A)(v), (2), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, also known as the Clean Water Act, which is classified generally to chapter 26 (§1251 et seq.) of Title 33, Navigation and Navigable Waters. Title II of the Act is classified generally to subchapter II (§1281 et seq.) of chapter 26 of Title 33. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.

The Public Health Service Act, referred to in subsec. (a)(1)(A)(vi), is act July 1, 1944, ch. 373, 58 Stat. 682. Title VI of the Act is classified generally to subchapter IV (§291 et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.

The Housing and Community Development Act of 1974, referred to in subsec. (a)(1)(A)(viii), is Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633. Title I of the Act is classified principally to chapter 69 (§5301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 42 and Tables.

The Communications Act of 1934, referred to in subsec. (a)(1)(A)(ix), is act June 19, 1934, ch. 652, 48 Stat. 1064. Part IV of title III of the Act is classified generally to part IV (§390 et seq.) of subchapter III of chapter 5 of Title 47, Telecommunications. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables.

Amendments

2014—Subsec. (a)(1)(A)(ii). Pub. L. 113–287 substituted "chapter 2003 of title 54" for "the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)".

2008—Subsec. (g)(1). Pub. L. 110–371, §2(g)(1), substituted "paragraphs (2) and (3)" for "paragraph (2)".

Subsec. (g)(3). Pub. L. 110–371, §2(g)(2), added par. (3).

2006—Subsec. (a)(1)(A)(iv). Pub. L. 109–270 substituted "Carl D. Perkins Career and Technical Education Act of 2006" for "Carl D. Perkins Vocational and Technical Education Act of 1998".

§14508. Economic and energy development initiative

(1) to promote energy efficiency in the Appalachian region to enhance the economic competitiveness of the Appalachian region;

(2) to increase the use of renewable energy resources, particularly biomass, in the Appalachian region to produce alternative transportation fuels, electricity, and heat; and

(3) to support the development of regional, conventional energy resources to produce electricity and heat through advanced technologies that achieve a substantial reduction in emissions, including greenhouse gases, over the current baseline.

(b) Limitation on Available Amounts.—Of the cost of any activity eligible for a grant under this section, not more than—

(1) 50 percent may be provided from amounts appropriated to carry out this section;

(c) Sources of Assistance.—Subject to subsection (b), grants provided under this section may be provided from amounts made available to carry out this section in combination with amounts made available under other Federal programs or from any other source.

(d) Federal Share.—Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Commission decides is appropriate.

(Added Pub. L. 110–371, §3(a), Oct. 8, 2008, 122 Stat. 4040.)

§14509. High-speed broadband deployment initiative

(a) In General.—The Appalachian Regional Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities to increase affordable access to broadband networks throughout the Appalachian region.

(b) Eligible Projects and Activities.—A project or activity eligible to be carried out under this section is a project or activity—

(1) to conduct research, analysis, and training to increase broadband adoption efforts in the Appalachian region; or

(2) for the construction and deployment of broadband service-related infrastructure in the Appalachian region.

(1) not more than 50 percent may be provided from amounts appropriated to carry out this section; and

(2) notwithstanding paragraph (1)—

(A) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts appropriated to carry out this section; and

(B) in the case of a project to be carried out in a county for which an at-risk designation is in effect under section 14526, not more than 70 percent may be provided from amounts appropriated to carry out this section.

(d) Sources of Assistance.—Subject to subsection (c), a grant provided under this section may be provided from amounts made available to carry out this section in combination with amounts made available—

(1) under any other Federal program; or

(2) from any other source.

(e) Federal Share.—Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.

(f) Request for Data.—Before making a grant for a project or activity described in subsection (b)(2), the Appalachian Regional Commission shall request from the Federal Communications Commission, the National Telecommunications and Information Administration, the Economic Development Administration, and the Department of Agriculture data on—

(1) the level and extent of broadband service that exists in the area proposed to be served by the broadband service-related infrastructure; and

(2) the level and extent of broadband service that will be deployed in the area proposed to be served by the broadband service-related infrastructure pursuant to another Federal program.

(g) Requirement.—For each fiscal year, not less than 65 percent of the amounts made available to carry out this section shall be used for grants for projects and activities described in subsection (b)(2).

(Added Pub. L. 114–94, div. A, title I, §1436(a)(1), Dec. 4, 2015, 129 Stat. 1430; amended Pub. L. 117–58, div. A, title I, §11506(d), Nov. 15, 2021, 135 Stat. 584.)

Editorial Notes

Amendments

2021—Subsec. (a). Pub. L. 117–58, §11506(d)(1), added subsec. (a) and struck out former subsec. (a) which related to the Appalachian Regional Commission providing technical assistance, making grants, entering into contracts, or otherwise providing amounts to individuals or entities in the Appalachian region for projects and activities and specifying particular objectives in pars. (1) to (6).

Subsec. (b). Pub. L. 117–58, §11506(d)(3), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 117–58, §11506(d)(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 117–58, §11506(d)(2), (4), redesignated subsec. (c) as (d) and substituted "subsection (c)" for "subsection (b)" in introductory provisions. Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 117–58, §11506(d)(2), redesignated subsec. (d) as (e).

Subsec. (f), (g). Pub. L. 117–58, §11506(d)(5), added subsecs. (f) and (g).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of Title 23, Highways.

Effective Date

Pub. L. 114–94, div. A, title I, §1436(d), Dec. 4, 2015, 129 Stat. 1432, provided that: "This section [enacting this section and amending sections 14703 and 14704 of this title] and the amendments made by this section take effect on October 1, 2015."

§14510. Drug abuse mitigation initiative

(a) In General.—The Appalachian Regional Commission may provide technical assistance to, make grants to, enter into contracts with, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities to address drug abuse, including opioid abuse, in the region, including projects and activities—

(1) to facilitate the sharing of best practices among States, counties, and other experts in the region with respect to reducing such abuse;

(2) to initiate or expand programs designed to eliminate or reduce the harm to the workforce and economic growth of the region that results from such abuse;

(3) to attract and retain relevant health care services, businesses, and workers; and

(4) to develop relevant infrastructure, including broadband infrastructure that supports the use of telemedicine.

(b) Limitation on Available Amounts.—Of the cost of any activity eligible for a grant under this section—

(1) not more than 50 percent may be provided from amounts appropriated to carry out this section; and

(2) notwithstanding paragraph (1)—

(c) Sources of Assistance.—Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section in combination with amounts made available—

(1) under any other Federal program (subject to the availability of subsequent appropriations); or

(2) from any other source.

(Added Pub. L. 115–271, title VIII, §8062(a), Oct. 24, 2018, 132 Stat. 4094.)

§14511. Appalachian regional energy hub initiative

(1) to conduct research and analysis regarding the economic impact of an ethane storage hub in the Appalachian region that supports a more-effective energy market performance due to the scale of the project, such as a project with the capacity to store and distribute more than 100,000 barrels per day of hydrocarbon feedstock with a minimum gross heating value of 1,700 Btu per standard cubic foot;

(2) with the potential to significantly contribute to the economic resilience of the area in which the project is located; and

(3) that will help establish a regional energy hub in the Appalachian region for natural gas and natural gas liquids, including hydrogen produced from the steam methane reforming of natural gas feedstocks.

(b) Limitation on Available Amounts.—Of the cost of any project or activity eligible for a grant under this section—

(1) except as provided in paragraphs (2) and (3), not more than 50 percent may be provided from amounts made available to carry out this section;

(2) in the case of a project or activity to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts made available to carry out this section; and

(3) in the case of a project or activity to be carried out in a county for which an at-risk county designation is in effect under section 14526, not more than 70 percent may be provided from amounts made available to carry out this section.

(c) Sources of Assistance.—Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available—

(1) under any other Federal program; or

(2) from any other source.

(Added Pub. L. 117–58, div. A, title I, §11506(e)(1), Nov. 15, 2021, 135 Stat. 585.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amendment note under section 101 of Title 23, Highways.

SUBCHAPTER II—ADMINISTRATIVE

§14521. Required level of expenditure

A State or political subdivision of a State is not eligible to receive benefits under this subtitle unless the aggregate expenditure of state amounts, except expenditures for participation in the Dwight D. Eisenhower System of Interstate and Defense Highways and local and federal amounts, for the benefit of the area within the State located in the Appalachian region is maintained at a level which does not fall below the average level of those expenditures for the State's last two full fiscal years prior to March 9, 1965. In computing the level, a State's past expenditure for participation in the Dwight D. Eisenhower System of Interstate and Defense Highways and expenditures of local and federal amounts shall not be included. The Commission shall recommend to the President a lesser requirement when it finds that a substantial population decrease in that part of a State which lies within the region would not justify a state expenditure equal to the average level of the last two years or when it finds that a State's average level of expenditure in an individual program has been disproportionate to the present need for that part of the State.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1274.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
14521	40 App.:221.	Pub. L. 89–4, title II, §221, Mar. 9, 1965, 79 Stat. 18; Pub. L. 90–103, title I, §117, Oct. 11, 1967, 81 Stat. 263; Pub. L. 101–427, Oct. 15, 1990, 104 Stat. 927.

The words "or such Federal officer or officers as the President may designate" are omitted because of 3:301.

§14522. Consent of States

This subtitle does not require a State to engage in or accept a program under this subtitle without its consent.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1274.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
14522	40 App.:222.	Pub. L. 89–4, title II, §222, Mar. 9, 1965, 79 Stat. 18.

§14523. Program implementation

(a) Requirements.—A program or project authorized under this chapter shall not be implemented until—

(1) the responsible federal official has decided that applications and plans relating to the program or project are not incompatible with the provisions and objectives of federal laws that the official administers that are not inconsistent with this subtitle; and

(2) the Appalachian Regional Commission has approved the program or project and has determined that it—

(A) meets the applicable criteria under section 14524 of this title and the requirements of the development planning process under section 14525 of this title; and

(B) will contribute to the development of the Appalachian region.

(b) Decision Is Controlling.—A decision under subsection (a)(2) is controlling and shall be accepted by the federal agencies.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1274.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
14523	40 App.:223.	Pub. L. 89–4, title II, §223, Mar. 9, 1965, 79 Stat. 18; Pub. L. 90–103, title I, §118, Oct. 11, 1967, 81 Stat. 264; Pub. L. 94–188, title I, §116, Dec. 31, 1975, 89 Stat. 1083.

§14524. Program development criteria

(a) Factors To Be Considered.—In considering programs and projects to be given assistance under this subtitle, and in establishing a priority ranking of the requests for assistance presented to the Appalachian Regional Commission, the Commission shall follow procedures that will ensure consideration of—

(1) the relationship of the project or class of projects to overall regional development, including its location in a severely and persistently distressed county or area;

(2) the population and area to be served by the project or class of projects, including the per capita market income and the unemployment rates in the area;

(3) the relative financial resources available to the State or political subdivisions or instrumentalities of the State that seek to undertake the project;

(4) the importance of the project or class of projects in relation to other projects or classes of projects that may be in competition for the same amounts;

(5) the prospects that the project for which assistance is sought will improve, on a continuing rather than a temporary basis, the opportunities for employment, the average level of income, or the economic and social development of the area served by the project; and

(6) the extent to which the project design provides for detailed outcome measurements by which grant expenditures may be evaluated.

(b) Limitation on Use.—Financial assistance made available under this subtitle shall not be used to assist establishments relocating from one area to another.

(c) Determination Required Before Amounts May Be Provided.—Amounts may be provided for programs and projects in a State under this subtitle only if the Commission determines that the level of federal and state financial assistance under other laws for the same type of programs or projects in that part of the State within the Appalachian region will not be diminished in order to substitute amounts authorized by this subtitle.

(d) Minimum Amount of Assistance to Distressed Counties and Areas.—For each fiscal year, not less than 50 percent of the amount of grant expenditures the Commission approves shall support activities or projects that benefit severely and persistently distressed counties and areas.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1275.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
14524(a)	40 App.:224(a).	Pub. L. 89–4, title II, §224(a), Mar. 9, 1965, 79 Stat. 18; Pub. L. 90–103, title I, §119(a), Oct. 11, 1967, 81 Stat. 264; Pub. L. 105–393, title II, §218(a), (b), Nov. 13, 1998, 112 Stat. 3622; Pub. L. 107–149, §§8(a), 13(g), Mar. 12, 2002, 116 Stat. 70, 72.
14524(b)	40 App.:224(b).	Pub. L. 89–4, title II, §224(b), Mar. 9, 1965, 79 Stat. 19; Pub. L. 90–103, title I, §119(b), Oct. 11, 1967, 81 Stat. 264; Pub. L. 105–393, title II, §218(c), Nov. 13, 1998, 112 Stat. 3623.
14524(c)	40 App.:224(c).	Pub. L. 89–4, title II, §224(c), as added Pub. L. 94–188, title I, §117, Dec. 31, 1975, 89 Stat. 1084.
14524(d)	40 App.:224(d).	Pub. L. 89–4, title II, §224(d), as added Pub. L. 107–149, §8(b), Mar. 12, 2002, 116 Stat. 70.

§14525. State development planning process

(a) State Development Plan.—Pursuant to policies the Appalachian Regional Commission establishes, each state member shall submit a development plan for the area of the State within the Appalachian region. The plan shall—

(1) be submitted according to a schedule the Commission prescribes;

(2) reflect the goals, objectives, and priorities identified in the regional development plan and in any subregional development plan that may be approved for the subregion of which the State is a part;

(3) describe the state organization and continuous process for Appalachian development planning, including—

(A) the procedures established by the State for the participation of local development districts in the process;

(B) how the process is related to overall statewide planning and budgeting processes; and

(C) the method of coordinating planning and projects in the region under this subtitle, the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.), and other federal, state, and local programs;

(4) set forth the goals, objectives, and priorities of the State for the region, as established by the Governor, and identify the needs on which the goals, objectives, and priorities are based; and

(5) describe the development strategies for achieving the goals, objectives, and priorities, including funding sources, and recommendations for specific projects to receive assistance under this subtitle.

(b) Areawide Action Programs.—The Commission shall encourage the preparation and execution of areawide action programs that specify interrelated projects and schedules of actions, the necessary agency funding, and other commitments to implement the programs. The programs shall make appropriate use of existing plans affecting the area.

(c) Local Development Districts.—Local development districts certified by the State as described in section 14102(a)(2) of this title provide the linkage between state and substate planning and development. The districts shall assist the States in the coordination of areawide programs and projects and may prepare and adopt areawide plans or action programs. In carrying out the development planning process, including the selection of programs and projects for assistance, States shall consult with local development districts, local units of government, and citizen groups and shall consider the goals, objectives, priorities, and recommendations of those bodies.

(d) Federal Responsibilities.—To the maximum extent practicable, federal departments, agencies, and instrumentalities undertaking or providing financial assistance for programs or projects in the region shall—

(1) take into account the policies, goals, and objectives the Commission and its member States establish pursuant to this subtitle;

(2) recognize Appalachian state development strategies approved by the Commission as satisfying requirements for overall economic development planning under the programs or projects; and

(3) accept the boundaries and organization of any local development district certified under this subtitle that the Governor may designate as the areawide agency required under any of those programs undertaken or assisted by those federal departments, agencies, and instrumentalities.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1275.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
14525(a)	40 App.:225(a).	Pub. L. 89–4, title II, §225, as added Pub. L. 94–188, title I, §118, Dec. 31, 1975, 89 Stat. 1084; Pub. L. 107–149, §13(h), Mar. 12, 2002, 116 Stat. 72.
14525(b)	40 App.:225(b)(2).
14525(c)	40 App.:225(b)(1).
14525(d)	40 App.:225(c).

Editorial Notes

References in Text

The Public Works and Economic Development Act of 1965, referred to in subsec. (a)(3)(C), is Pub. L. 89–136, Aug. 26, 1965, 79 Stat. 552, which is classified principally to chapter 38 (§3121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of Title 42 and Tables.

§14526. Distressed, at-risk, and economically strong counties

(a) Designations.—

(1) In general.—The Appalachian Regional Commission, in accordance with criteria the Commission may establish, each year shall—

(A) designate as "distressed counties" those counties in the Appalachian region that are the most severely and persistently distressed;

(B) designate as "at-risk counties" those counties in the Appalachian region that are most at risk of becoming economically distressed; and

(i) "competitive counties", which shall be those counties in the region that are approaching economic parity with the rest of the United States; and

(ii) "attainment counties", which shall be those counties in the region that have attained or exceeded economic parity with the rest of the United States.

(2) Annual review of designations.—The Commission shall—

(A) conduct an annual review of each designation of a county under paragraph (1) to determine if the county still meets the criteria for the designation; and

(B) renew the designation for another one-year period only if the county still meets the criteria.

(b) Distressed Counties.—In program and project development and implementation and in the allocation of appropriations made available to carry out this subtitle, the Commission shall give special consideration to the needs of counties for which a distressed county designation is in effect under this section.

(1) Competitive counties.—Except as provided in paragraphs (3) and (4), assistance under this subtitle for a project that is carried out in a county for which a competitive county designation is in effect under this section shall not be more than 30 percent of the project cost.

(2) Attainment counties.—Except as provided in paragraphs (3) and (4), amounts may not be provided under this subtitle for a project that is carried out in a county for which an attainment county designation is in effect under this section.

(3) Exceptions.—Paragraphs (1) and (2) do not apply to—

(A) a project on the Appalachian development highway system authorized by section 14501 of this title;

(B) a local development district administrative project assisted under section 14321(a)(1)(A) of this title; or

(i) at least one of the participating counties is designated as a distressed county under this section; and

(ii) the project will be of substantial direct benefit to at least one distressed county.

(4) Waiver.—

(A) In general.—The Commission may waive the requirements of paragraphs (1) and (2) for a project when the recipient of assistance for the project shows the existence of any of the following:

(i) a significant pocket of distress in the part of the county in which the project is carried out.

(ii) a significant potential benefit from the project in at least one area of the region outside the designated county.

(B) Reports to congress.—The Commission shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report describing each waiver granted under subparagraph (A) during the period covered by the report.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1277; Pub. L. 110–371, §4(a), Oct. 8, 2008, 122 Stat. 4041.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
14526	40 App.:226.	Pub. L. 89–4, title II, §226, as added Pub. L. 105–393, title II, §219, Nov. 13, 1998, 112 Stat. 3623.

In subsection (a)(1), before clause (A), the words "Not later than 90 days after November 13, 1988" are omitted as obsolete.

Editorial Notes

Amendments

2008—Pub. L. 110–371, §4(a)(1), inserted ", at-risk," after "Distressed" in section catchline.

Subsec. (a)(1)(B), (C). Pub. L. 110–371, §4(a)(2), added subpar. (B) and redesignated former subpar. (B) as (C).