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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14521 | 40 App.:221. |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14522 | 40 App.:222. |
§14523. Program implementation
(a)
(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
(B) will contribute to the development of the Appalachian region.
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14523 | 40 App.:223. |
§14524. Program development criteria
(a)
(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)
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14524(a) | 40 App.:224(a). | |
| 14524(b) | 40 App.:224(b). | |
| 14524(c) | 40 App.:224(c). | |
| 14524(d) | 40 App.:224(d). |
§14525. State development planning process
(a)
(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 (
(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)
(c)
(d)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14525(a) | 40 App.:225(a). | |
| 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
§14526. Distressed, at-risk, and economically strong counties
(a)
(1)
(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
(C) designate two categories of economically strong counties, consisting of—
(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)
(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)
(c)
(1)
(2)
(3)
(A) a project on the Appalachian development highway system authorized by
(B) a local development district administrative project assisted under
(C) a multicounty project that is carried out in at least two counties designated under this section if—
(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)
(A)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14526 | 40 App.:226. |
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—
Subsec. (a)(1)(B), (C).