-CITE-
    40 USC CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS

-HEAD-
                CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS            

-MISC1-
                          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.                

                      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 and economically strong counties.          

-End-

-CITE-
    40 USC SUBCHAPTER I - PROGRAMS                              01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER I - PROGRAMS

-HEAD-
                          SUBCHAPTER I - PROGRAMS                      

-End-

-CITE-
    40 USC Sec. 14501                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER I - PROGRAMS

-HEAD-
    Sec. 14501. Appalachian development highway system

-STATUTE-
      (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;
          (C) priorities for the construction of segments of the
        development highways; and
          (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.

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

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14501(a)       40 App.:201(a)          Pub. L. 89-4, title II, Sec. 
                    (1st, 3d, last          201, Mar. 9, 1965, 79 Stat. 
                    sentences).             10; Pub. L. 89-670, Sec.    
                                            8(b), Oct. 15, 1966, 80     
                                            Stat. 942; Pub. L. 90-103,  
                                            title I, Sec. 106, Oct. 11, 
                                            1967, 81 Stat. 258; Pub. L. 
                                            91-123, title I, Sec. 103,  
                                            Nov. 25, 1969, 83 Stat. 214;
                                            Pub. L. 92-65, title II,    
                                            Sec. 204, Aug. 5, 1971, 85  
                                            Stat. 168; Pub. L. 94-188,  
                                            title I, Sec. 110, Dec. 31, 
                                            1975, 89 Stat. 1081; Pub. L.
                                            95-599, title I, Sec.       
                                            138(a), (b), Nov. 6, 1978,  
                                            92 Stat. 2710; Pub. L.      
                                            96-506, Sec. 3(3), Dec. 8,  
                                            1980, 94 Stat. 2746; Pub. L.
                                            97-35, title XVIII, Sec.    
                                            1822(a)(2), Aug. 13, 1981,  
                                            95 Stat. 767; Pub. L.       
                                            105-178, title I, Sec.      
                                            1117(c), title II, Sec.     
                                            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.

                                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.

-End-

-CITE-
    40 USC Sec. 14502                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER I - PROGRAMS

-HEAD-
    Sec. 14502. Demonstration health projects

-STATUTE-
      (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.

      (c) Construction and Equipment Grants. - 
        (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 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).
        (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 paragraph (2), 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.

      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1266.)

-MISC1-

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

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Public Health Service Act, referred to in subsec. (c)(2), is
    act July 1, 1944, ch. 373, 58 Stat. 682, as amended. Title VI of
    the Act is classified generally to subchapter IV (Sec. 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, as amended, which is classified
    principally to chapter 144 (Sec. 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, as amended, which is
    classified generally to chapter 7 (Sec. 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 (Sec. 601 et seq.) and B (Sec.
    620 et seq.) of subchapter IV of chapter 7 of Title 42. Title XX of
    the Act is classified generally to subchapter XX (Sec. 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.

-MISC2-
                     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 14 of Pub. L. 92-463, Oct. 6, 1972, 86
    Stat. 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-

-CITE-
    40 USC Sec. 14503                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER I - PROGRAMS

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

-STATUTE-
      (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) 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.
        (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 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.
        (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1268.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14503(a)       40 App.:207(d).         Pub. L. 89-4, title II, Sec. 
                                            207, as added Pub. L.       
                                            90-103, title I, Sec. 112,  
                                            Oct. 11, 1967, 81 Stat. 261;
                                            Pub. L. 90-448, title II,   
                                            Sec. 201(f), Aug. 1, 1968,  
                                            82 Stat. 502; Pub. L.       
                                            91-123, title I, Sec. 106,  
                                            Nov. 25, 1969, 83 Stat. 215;
                                            Pub. L. 92-65, title II,    
                                            Sec. 208, Aug. 5, 1971, 85  
                                            Stat. 169; Pub. L. 94-188,  
                                            title I, Sec. 113, Dec. 31, 
                                            1975, 89 Stat. 1082; Pub. L.
                                            105-393, title II, Sec. 212,
                                            Nov. 13, 1998, 112 Stat.    
                                            3621; Pub. L. 107-149, Sec. 
                                            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.

-End-

-CITE-
    40 USC Sec. 14504                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER I - PROGRAMS

-HEAD-
    Sec. 14504. Telecommunications and technology initiative

-STATUTE-
      (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. - 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.
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1270.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14504(a)       40 App.:203(a).         Pub. L. 89-4, title II, Sec. 
                                            203, as added Pub. L.       
                                            107-149, Sec. 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).                                   
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 14505                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER I - PROGRAMS

-HEAD-
    Sec. 14505. Entrepreneurship initiative

-STATUTE-
      (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.

      (c) Limitation on Available Amounts. - 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.
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1271.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14505(a)       40 App.:204(a).         Pub. L. 89-4, title II, Sec. 
                                            204, as added Pub. L.       
                                            107-149, Sec. 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).                                   
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 14506                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER I - PROGRAMS

-HEAD-
    Sec. 14506. Regional skills partnerships

-STATUTE-
      (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;
          (C) State and local governments; or
          (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. - 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.
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1271.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14506(a)       40 App.:205(a).         Pub. L. 89-4, title II, Sec. 
                                            205, as added Pub. L.       
                                            107-149, Sec. 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).                                   
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 14507                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER I - PROGRAMS

-HEAD-
    Sec. 14507. Supplements to federal grant programs

-STATUTE-
      (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) the Land and Water Conservation Fund Act of 1965 (16
          U.S.C. 460l-4 et seq.);
            (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 paragraph (2), 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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1272; Pub. L. 109-270,
    Sec. 2(j), Aug. 12, 2006, 120 Stat. 748.)

-MISC1-

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

-REFTEXT-
                            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, as amended, which is classified principally to
    chapter 50 (Sec. 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 Land and Water Conservation Fund Act of 1965, referred to in
    subsec. (a)(1)(A)(ii), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat.
    897, as amended, which is classified generally to part B (Sec. 460l-
    4 et seq.) of subchapter LXIX of chapter 1 of Title 16,
    Conservation. For complete classification of this Act to the Code,
    see Short Title note set out under section 460l-4 of Title 16 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,
    as amended, which is classified principally to chapter 18 (Sec.
    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, Sec.
    1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally
    to chapter 44 (Sec. 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, Sec. 2, Oct. 18, 1972, 86 Stat. 816,
    also known as the Clean Water Act, which is classified generally to
    chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and
    Navigable Waters. Title II of the Act is classified generally to
    subchapter II (Sec. 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, as
    amended. Title VI of the Act is classified generally to subchapter
    IV (Sec. 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, as amended. Title I of the Act is classified principally to
    chapter 69 (Sec. 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, as
    amended. Part IV of title III of the Act is classified generally to
    part IV (Sec. 390 et seq.) of subchapter III of chapter 5 of Title
    47, Telegraphs, Telephones, and Radiotelegraphs. For complete
    classification of this Act to the Code, see section 609 of Title 47
    and Tables.

-MISC2-
                                AMENDMENTS                            
      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".

-End-

-CITE-
    40 USC SUBCHAPTER II - ADMINISTRATIVE                       01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
                      SUBCHAPTER II - ADMINISTRATIVE                  

-End-

-CITE-
    40 USC Sec. 14521                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
    Sec. 14521. Required level of expenditure

-STATUTE-
      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.

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

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14521          40 App.:221.            Pub. L. 89-4, title II, Sec. 
                                            221, Mar. 9, 1965, 79 Stat. 
                                            18; Pub. L. 90-103, title I,
                                            Sec. 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.

-End-

-CITE-
    40 USC Sec. 14522                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
    Sec. 14522. Consent of States

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

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

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14522          40 App.:222.            Pub. L. 89-4, title II, Sec. 
                                            222, Mar. 9, 1965, 79 Stat. 
                                            18.                         
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 14523                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
    Sec. 14523. Program implementation

-STATUTE-
      (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.

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

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14523          40 App.:223.            Pub. L. 89-4, title II, Sec. 
                                            223, Mar. 9, 1965, 79 Stat. 
                                            18; Pub. L. 90-103, title I,
                                            Sec. 118, Oct. 11, 1967, 81 
                                            Stat. 264; Pub. L. 94-188,  
                                            title I, Sec. 116, Dec. 31, 
                                            1975, 89 Stat. 1083.        
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 14524                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
    Sec. 14524. Program development criteria

-STATUTE-
      (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.

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

-MISC1-

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

-End-

-CITE-
    40 USC Sec. 14525                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
    Sec. 14525. State development planning process

-STATUTE-
      (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.

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

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14525(a)       40 App.:225(a).         Pub. L. 89-4, title II, Sec. 
                                            225, as added Pub. L.       
                                            94-188, title I, Sec. 118,  
                                            Dec. 31, 1975, 89 Stat.     
                                            1084; Pub. L. 107-149, Sec. 
                                            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).                                      
    --------------------------------------------------------------------

-REFTEXT-
                            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, as amended, which is classified principally to chapter 38
    (Sec. 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.

-End-

-CITE-
    40 USC Sec. 14526                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
    Sec. 14526. Distressed and economically strong counties

-STATUTE-
      (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; and
          (B) 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) 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.
      (c) Economically Strong Counties. - 
        (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
          (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) 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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1277.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14526          40 App.:226.            Pub. L. 89-4, title II, Sec. 
                                            226, as added Pub. L.       
                                            105-393, title II, Sec. 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.

-End-