In the House of Representatives, U. S., 

July 15, 2008. 

Resolved, That the bill from the Senate (S. 496) entitled 

‘‘An Act to reauthorize and improve the program authorized 

by the Apalachian Regional Development Act of 1965’’, do 

pass with the following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Appalachian Regional 

3 Development Act Amendments of 2008’’. 

4 SEC. 2. LIMITATION ON AVAILABLE AMOUNTS; MAXIMUM 

5 COMMISSION CONTRIBUTION. 

6 (a) GRANTS AND OTHER ASSISTANCE.—Section 

7 14321(a) of title 40, United States Code, is amended— 

8 (1) in paragraph (1)(A) by striking clause (i) 

9 and inserting the following: 

10 ‘‘(i) the amount of the grant shall not 

11 exceed— 

12 ‘‘(I) 50 percent of administrative 

13 expenses; 

14 ‘‘(II) at the discretion of the Com15 mission, if the grant is to a local devel-
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1 opment district that has a charter or 

2 authority that includes the economic 

3 development of a county or a part of a 

4 county for which a distressed county 

5 designation is in effect under section 

6 14526, 75 percent of administrative ex7 penses; or 

8 ‘‘(III) at the discretion of the 

9 Commission, if the grant is to a local 

10 development district that has a charter 

11 or authority that includes the economic 

12 development of a county or a part of a 

13 county for which an at-risk county des14 ignation is in effect under section 

15 14526, 70 percent of administrative ex16 penses;’’; and 

17 (2) in paragraph (2) by striking subparagraph 

18 (A) and inserting the following: 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (B), of the cost of any activity eli21 gible for financial assistance under this section, 

22 not more than— 

23 ‘‘(i) 50 percent may be provided from 

24 amounts appropriated to carry out this sub25 title; 
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1 ‘‘(ii) in the case of a project to be car2 ried out in a county for which a distressed 

3 county designation is in effect under section 

4 14526, 80 percent may be provided from 

5 amounts appropriated to carry out this sub6 title; or 

7 ‘‘(iii) in the case of a project to be car8 ried out in a county for which an at-risk 

9 county designation is in effect under section 

10 14526, 70 percent may be provided from 

11 amounts appropriated to carry out this sub12 title.’’. 

13 (b) DEMONSTRATION HEALTH PROJECTS.—Section 

14 14502 of title 40, United States Code, is amended— 

15 (1) in subsection (d) by striking paragraph (2) 

16 and inserting the following: 

17 ‘‘(2) LIMITATION ON AVAILABLE AMOUNTS.— 

18 Grants under this section for the operation (including 

19 initial operating amounts and operating deficits, 

20 which include the cost of attracting, training, and re21 taining qualified personnel) of a demonstration health 

22 project, whether or not constructed with amounts au23 thorized to be appropriated by this section, may be 

24 made for up to— 
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1 ‘‘(A) 50 percent of the cost of that oper2 ation; 

3 ‘‘(B) in the case of a project to be carried 

4 out in a county for which a distressed county 

5 designation is in effect under section 14526, 80 

6 percent of the cost of that operation; or 

7 ‘‘(C) in the case of a project to be carried 

8 out for a county for which an at-risk county des9 ignation is in effect under section 14526, 70 per10 cent of the cost of that operation.’’; and 

11 (2) in subsection (f)— 

12 (A) in paragraph (1) by striking ‘‘para13 graph (2)’’ and inserting ‘‘paragraphs (2) and 

14 (3)’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(3) AT-RISK COUNTIES.—The maximum Com17 mission contribution for a project to be carried out in 

18 a county for which an at-risk county designation is 

19 in effect under section 14526 may be increased to the 

20 lesser of— 

21 ‘‘(A) 70 percent; or 

22 ‘‘(B) the maximum Federal contribution 

23 percentage authorized by this section.’’. 
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1 (c) ASSISTANCE FOR PROPOSED LOW- AND MIDDLE2 INCOME HOUSING PROJECTS.—Section 14503 of title 40, 

3 United States Code, is amended— 

4 (1) in subsection (d) by striking paragraph (1) 

5 and inserting the following: 

6 ‘‘(1) LIMITATION ON AVAILABLE AMOUNTS.—A 

7 loan under subsection (b) for the cost of planning and 

8 obtaining financing (including the cost of prelimi9 nary surveys and analyses of market needs, prelimi10 nary site engineering and architectural fees, site op11 tions, application and mortgage commitment fees, 

12 legal fees, and construction loan fees and discounts) 

13 of a project described in that subsection may be made 

14 for up to— 

15 ‘‘(A) 50 percent of that cost; 

16 ‘‘(B) in the case of a project to be carried 

17 out in a county for which a distressed county 

18 designation is in effect under section 14526, 80 

19 percent of that cost; or 

20 ‘‘(C) in the case of a project to be carried 

21 out for a county for which an at-risk county des22 ignation is in effect under section 14526, 70 per23 cent of that cost.’’; and 

24 (2) in subsection (e) by striking paragraph (1) 

25 and inserting the following: 
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1 ‘‘(1) IN GENERAL.—A grant under this section 

2 for expenses incidental to planning and obtaining fi3 nancing for a project under this section that the Sec4 retary considers to be unrecoverable from the proceeds 

5 of a permanent loan made to finance the project 

6 shall— 

7 ‘‘(A) not be made to an organization estab8 lished for profit; and 

9 ‘‘(B) except as provided in paragraph (2), 

10 not exceed— 

11 ‘‘(i) 50 percent of those expenses; 

12 ‘‘(ii) in the case of a project to be car13 ried out in a county for which a distressed 

14 county designation is in effect under section 

15 14526, 80 percent of those expenses; or 

16 ‘‘(iii) in the case of a project to be car17 ried out in a county for which an at-risk 

18 county designation is in effect under section 

19 14526, 70 percent of those expenses.’’. 

20 (d) TELECOMMUNICATIONS AND TECHNOLOGY INITIA21 TIVE.—Section 14504 of title 40, United States Code, is 

22 amended by striking subsection (b) and inserting the fol23 lowing: 
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1 ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the 

2 cost of any activity eligible for a grant under this section, 

3 not more than— 

4 ‘‘(1) 50 percent may be provided from amounts 

5 appropriated to carry out this section; 

6 ‘‘(2) in the case of a project to be carried out in 

7 a county for which a distressed county designation is 

8 in effect under section 14526, 80 percent may be pro9 vided from amounts appropriated to carry out this 

10 section; or 

11 ‘‘(3) in the case of a project to be carried out in 

12 a county for which an at-risk county designation is 

13 in effect under section 14526, 70 percent may be pro14 vided from amounts appropriated to carry out this 

15 section.’’. 

16 (e) ENTREPRENEURSHIP INITIATIVE.—Section 14505 

17 of title 40, United States Code, is amended by striking sub18 section (c) and inserting the following: 

19 ‘‘(c) LIMITATION ON AVAILABLE AMOUNTS.—Of the 

20 cost of any activity eligible for a grant under this section, 

21 not more than— 

22 ‘‘(1) 50 percent may be provided from amounts 

23 appropriated to carry out this section; 

24 ‘‘(2) in the case of a project to be carried out in 

25 a county for which a distressed county designation is 
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1 in effect under section 14526, 80 percent may be pro2 vided from amounts appropriated to carry out this 

3 section; or 

4 ‘‘(3) in the case of a project to be carried out in 

5 a county for which an at-risk county designation is 

6 in effect under section 14526, 70 percent may be pro7 vided from amounts appropriated to carry out this 

8 section.’’. 

9 (f) REGIONAL SKILLS PARTNERSHIPS.—Section 14506 

10 of title 40, United States Code, is amended by striking sub11 section (d) and inserting the following: 

12 ‘‘(d) LIMITATION ON AVAILABLE AMOUNTS.—Of the 

13 cost of any activity eligible for a grant under this section, 

14 not more than— 

15 ‘‘(1) 50 percent may be provided from amounts 

16 appropriated to carry out this section; 

17 ‘‘(2) in the case of a project to be carried out in 

18 a county for which a distressed county designation is 

19 in effect under section 14526, 80 percent may be pro20 vided from amounts appropriated to carry out this 

21 section; or 

22 ‘‘(3) in the case of a project to be carried out in 

23 a county for which an at-risk county designation is 

24 in effect under section 14526, 70 percent may be pro-
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1 vided from amounts appropriated to carry out this 

2 section.’’. 

3 (g) SUPPLEMENTS TO FEDERAL GRANT PROGRAMS.— 

4 Section 14507(g) of title 40, United States Code, is amend5 ed— 

6 (1) in paragraph (1) by striking ‘‘paragraph 

7 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(3) AT-RISK COUNTIES.—The maximum Com10 mission contribution for a project to be carried out in 

11 a county for which an at-risk county designation is 

12 in effect under section 14526 may be increased to 70 

13 percent.’’. 

14 SEC. 3. ECONOMIC AND ENERGY DEVELOPMENT INITIA15 TIVE. 

16 (a) IN GENERAL.—Subchapter I of chapter 145 of sub17 title IV of title 40, United States Code, is amended by add18 ing at the end the following: 

19 ‘‘§ 14508. Economic and energy development initiative 

20 ‘‘(a) PROJECTS TO BE ASSISTED.—The Appalachian 

21 Regional Commission may provide technical assistance, 

22 make grants, enter into contracts, or otherwise provide 

23 amounts to persons or entities in the Appalachian region 

24 for projects and activities— 
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1 ‘‘(1) to promote energy efficiency in the Appa2 lachian region to enhance the economic competitive3 ness of the Appalachian region; 

4 ‘‘(2) to increase the use of renewable energy re5 sources, particularly biomass, in the Appalachian re6 gion to produce alternative transportation fuels, elec7 tricity, and heat; and 

8 ‘‘(3) to support the development of regional, con9 ventional energy resources to produce electricity and 

10 heat through advanced technologies that achieve a 

11 substantial reduction in emissions, including green12 house gases, over the current baseline. 

13 ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the 

14 cost of any activity eligible for a grant under this section, 

15 not more than— 

16 ‘‘(1) 50 percent may be provided from amounts 

17 appropriated to carry out this section; 

18 ‘‘(2) in the case of a project to be carried out in 

19 a county for which a distressed county designation is 

20 in effect under section 14526, 80 percent may be pro21 vided from amounts appropriated to carry out this 

22 section; or 

23 ‘‘(3) in the case of a project to be carried out in 

24 a county for which an at-risk county designation is 

25 in effect under section 14526, 70 percent may be pro-
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1 vided from amounts appropriated to carry out this 

2 section. 

3 ‘‘(c) SOURCES OF ASSISTANCE.—Subject to subsection 

4 (b), grants provided under this section may be provided 

5 from amounts made available to carry out this section in 

6 combination with amounts made available under other Fed7 eral programs or from any other source. 

8 ‘‘(d) FEDERAL SHARE.—Notwithstanding any provi9 sion of law limiting the Federal share under any other Fed10 eral program, amounts made available to carry out this sec11 tion may be used to increase that Federal share, as the Com12 mission decides is appropriate.’’. 

13 (b) CONFORMING AMENDMENT.—The analysis for 

14 chapter 145 of title 40, United States Code, is amended by 

15 inserting after the item relating to section 14507 the fol16 lowing: 

‘‘14508. Economic and energy development initiative.’’. 

17 SEC. 4. DISTRESSED, AT-RISK, AND ECONOMICALLY 

18 STRONG COUNTIES. 

19 (a) DESIGNATION OF AT-RISK COUNTIES.—Section 

20 14526 of title 40, United States Code, is amended— 

21 (1) in the section heading by inserting ‘‘, at22 risk,’’ after ‘‘Distressed’’; and 

23 (2) in subsection (a)(1)— 

24 (A) by redesignating subparagraph (B) as 

25 subparagraph (C); 
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1 (B) in subparagraph (A) by striking ‘‘and’’ 

2 at the end; and 

3 (C) by inserting after subparagraph (A) the 

4 following: 

5 ‘‘(B) designate as ‘at-risk counties’ those 

6 counties in the Appalachian region that are most 

7 at risk of becoming economically distressed; 

8 and’’. 

9 (b) CONFORMING AMENDMENT.—The analysis for 

10 chapter 145 of such title is amended by striking the item 

11 relating to section 14526 and inserting the following: 

‘‘14526. Distressed, at-risk, and economically strong counties.’’. 

12 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) IN GENERAL.—Section 14703(a) of title 40, United 

14 States Code, is amended to read as follows: 

15 ‘‘(a) IN GENERAL.—In addition to amounts made 

16 available under section 14501, there is authorized to be ap17 propriated to the Appalachian Regional Commission to 

18 carry out this subtitle— 

19 ‘‘(1) $87,000,000 for fiscal year 2008; 

20 ‘‘(2) $100,000,000 for fiscal year 2009; 

21 ‘‘(3) $105,000,000 for fiscal year 2010; 

22 ‘‘(4) $108,000,000 for fiscal year 2011; and 

23 ‘‘(5) $110,000,000 for fiscal year 2012.’’. 
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1 (b) ECONOMIC AND ENERGY DEVELOPMENT INITIA2 TIVE.—Section 14703(b) of such title is amended to read 

3 as follows: 

4 ‘‘(b) ECONOMIC AND ENERGY DEVELOPMENT INITIA5 TIVE.—Of the amounts made available under subsection 

6 (a), the following amounts may be used to carry out section 

7 14508— 

8 ‘‘(1) $12,000,000 for fiscal year 2008; 

9 ‘‘(2) $12,500,000 for fiscal year 2009; 

10 ‘‘(3) $13,000,000 for fiscal year 2010; 

11 ‘‘(4) $13,500,000 for fiscal year 2011; and 

12 ‘‘(5) $14,000,000 for fiscal year 2012.’’. 

13 (c) ALLOCATION OF FUNDS.—Section 14703 of such 

14 title is amended by adding at the end the following: 

15 ‘‘(d) ALLOCATION OF FUNDS.—Funds approved by the 

16 Appalachian Regional Commission for a project in a State 

17 in the Appalachian region pursuant to a congressional di18 rective shall be derived from the total amount allocated to 

19 the State by the Appalachian Regional Commission from 

20 amounts appropriated to carry out this subtitle.’’. 

21 SEC. 6. TERMINATION. 

22 Section 14704 of title 40, United States Code, is 

23 amended by striking ‘‘2007’’ and inserting ‘‘2012’’. 
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1 SEC. 7. ADDITIONS TO APPALACHIAN REGION. 

2 (a) KENTUCKY.—Section 14102(a)(1)(C) of title 40, 

3 United States Code, is amended— 

4 (1) by inserting ‘‘Metcalfe,’’ after ‘‘Menifee,’’; 

5 (2) by inserting ‘‘Nicholas,’’ after ‘‘Morgan,’’; 

6 and 

7 (3) by inserting ‘‘Robertson,’’ after ‘‘Pulaski,’’. 

8 (b) OHIO.—Section 14102(a)(1)(H) of such title is 

9 amended— 

10 (1) by inserting ‘‘Ashtabula,’’ after ‘‘Adams,’’; 

11 (2) by inserting ‘‘Mahoning,’’ after ‘‘Lawrence,’’; 

12 and 

13 (3) by inserting ‘‘Trumbull,’’ after ‘‘Scioto,’’. 

14 (c) TENNESSEE.—Section 14102(a)(1)(K) of such title 

15 is amended by inserting ‘‘Lawrence, Lewis,’’ after ‘‘Knox,’’. 

16 (d) VIRGINIA.—Section 14102(a)(1)(L) of such title is 

17 amended— 

18 (1) by inserting ‘‘Henry,’’ after ‘‘Grayson,’’; and 

19 (2) by inserting ‘‘Patrick,’’ after ‘‘Montgomery,’’. 

Attest: 

Clerk. 

110TH CONGRESS 

2D SESSION S. 496 

AMENDMENT