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Mercer, Mifflin, Monroe, Montour, Northumberland, Perry, Pike,
Potter, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga,
Union, Venango, Warren, Washington, Wayne, Westmoreland, and
Wyoming.
(J) In South Carolina, the counties of Anderson, Cherokee, Green-
ville, Oconee, Pickens, and Spartanburg.
(K) In Tennessee, the counties of Anderson, Bledsoe, Blount,
Bradley, Campbell, Cannon, Carter, Claiborne, Clay, Cocke, Coffee,
Cumberland, De Kalb, Fentress, Franklin, Grainger, Greene,
Grundy, Hamblen, Hamilton, Hancock, Hawkins, Jackson, Jeffer-
son, Johnson, Knox, Loudon, McMinn, Macon, Marion, Meigs, Mon-
roe, Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott,
Sequatchie, Sevier, Smith, Sullivan, Unicoi, Union, Van Buren,
Warren, Washington, and White.
(L) In Virginia, the counties of Alleghany, Bath, Bland,
Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd, Giles, Gray-
son, Highland, Lee, Montgomery, Pulaski, Rockbridge, Russell,
Scott, Smyth, Tazewell, Washington, Wise, and Wythe.
(M) All the counties of West Virginia.
(2) LOCAL DEVELOPMENT DISTRICT.—The term ‘‘local development
district’’ means any of the following entities for which the Governor of
the State in which the entity is located, or the appropriate state officer,
certifies to the Appalachian Regional Commission that the entity has a
charter or authority that includes the economic development of counties
or parts of counties or other political subdivisions within the region:
(A) a nonprofit incorporated body organized or chartered under
the law of the State in which it is located.
(B) a nonprofit agency or instrumentality of a state or local gov-
ernment.
(C) a nonprofit agency or instrumentality created through an
interstate compact.
(D) a nonprofit association or combination of bodies, agencies,
and instrumentalities described in this paragraph.
(b) CHANGE IN DEFINITION.—The Commission may not propose or con-
sider a recommendation for any change in the definition of the Appalachian
region as set forth in this section without a prior resolution by the Committee
on Environment and Public Works of the Senate or the Committee on Trans-
portation and Infrastructure of the House of Representatives that directs a
study of the change.
CHAPTER 143—APPALACHIAN REGIONAL COMMISSION
SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION
Sec.
231
14301.
Establishment, membership, and employees.
14302.
Decisions.
14303.
Functions.
14304.
Recommendations.
14305.
Liaison between Federal Government and Commission.
14306.
Administrative powers and expenses.
14307.
Meetings.
14308.
Information.
14309.
Personal financial interests.
14310.
Annual report.
SUBCHAPTER II—FINANCIAL ASSISTANCE
14321.
Grants and other assistance.
14322.
Approval of development plans, strategy statements, and projects.
SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION
§ 14301. Establishment, membership, and employees
(a) ESTABLISHMENT.—There is an Appalachian Regional Commission.
(b) MEMBERSHIP.—
(1) FEDERAL AND STATE MEMBERS.—The Commission is composed of
the Federal Cochairman, appointed by the President by and with the ad-
vice and consent of the Senate, and the Governor of each participating
State in the Appalachian region.
(2) ALTERNATE MEMBERS.—Each state member may have a single al-
ternate, appointed by the Governor from among the members of the Gov-
ernor’s cabinet or the Governor’s personal staff. The President, by and
with the advice and consent of the Senate, shall appoint an alternate for
the Federal Cochairman. An alternate shall vote in the event of the ab-
sence, death, disability, removal, or resignation of the member for whom
the individual is an alternate. A state alternate shall not be counted to-
ward the establishment of a quorum of the Commission when a quorum
of the state members is required.
(3) COCHAIRMEN.—The Federal Cochairman is one of the two Co-
chairmen of the Commission. The state members shall elect a Cochairman
of the Commission from among themselves for a term of not less than
one year.
(c) COMPENSATION.—The Federal Cochairman shall be compensated by the
Federal Government at level III of the Executive Schedule as set out in section
5314 of title 5. The Federal Cochairman’s alternate shall be compensated by
the Government at level V of the Executive Schedule as set out in section 5316
of title 5. Each state member and alternate shall be compensated by the State
which they represent at the rate established by law of that State.
(d) DELEGATION.—
(1) POWERS
AND
RESPONSIBILITIES.—Commission powers and re-
sponsibilities specified in section 14302(c) and (d) of this title, and the
vote of any Commission member, may not be delegated to an individual
who is not a Commission member or who is not entitled to vote in Com-
mission meetings.
232
(2) ALTERNATE FEDERAL COCHAIRMAN.—The alternate to the Federal
Cochairman shall perform the functions and duties the Federal Cochair-
man delegates when not actively serving as the alternate.
(e) EXECUTIVE DIRECTOR.—The Commission has an executive director.
The executive director is responsible for carrying out the administrative func-
tions of the Commission, for directing the Commission staff, and for other du-
ties the Commission may assign.
(f) STATUS OF PERSONNEL.—Members, alternates, officers, and employees
of the Commission are not federal employees for any purpose, except the Fed-
eral Cochairman, the alternate to the Federal Cochairman, the staff of the
Federal Cochairman, and federal employees detailed to the Commission under
section 14306(a)(3) of this title.
§ 14302. Decisions
(a) REQUIREMENTS
FOR APPROVAL.—Except as provided in section
14306(d) of this title, decisions by the Appalachian Regional Commission re-
quire the affirmative vote of the Federal Cochairman and of a majority of
the state members, exclusive of members representing States delinquent under
section 14306(d).
(b) CONSULTATION.—In matters coming before the Commission, the Federal
Cochairman, to the extent practicable, shall consult with the federal depart-
ments and agencies having an interest in the subject matter.
(c) DECISIONS REQUIRING QUORUM OF STATE MEMBERS.—A decision in-
volving Commission policy, approval of state, regional or subregional develop-
ment plans or strategy statements, modification or revision of the Appa-
lachian Regional Commission Code, allocation of amounts among the States,
or designation of a distressed county or an economically strong county shall
not be made without a quorum of state members.
(d) PROJECT AND GRANT PROPOSALS.—The approval of project and grant
proposals is a responsibility of the Commission and shall be carried out in
accordance with section 14322 of this title.
§ 14303. Functions
(a) IN GENERAL.—In carrying out the purposes of this subtitle, the Appa-
lachian Regional Commission shall—
(1) develop, on a continuing basis, comprehensive and coordinated
plans and programs and establish priorities under those plans and pro-
grams, giving due consideration to other federal, state, and local plan-
ning in the Appalachian region;
(2) conduct and sponsor investigations, research, and studies, includ-
ing an inventory and analysis of the resources of the region, and, in co-
operation with federal, state, and local agencies, sponsor demonstration
projects designed to foster regional productivity and growth;
233
(3) review and study, in cooperation with the agency involved, federal,
state, and local public and private programs and, where appropriate,
recommend modifications or additions which will increase their effective-
ness in the region;
(4) formulate and recommend, where appropriate, interstate compacts
and other forms of interstate cooperation and work with state and local
agencies in developing appropriate model legislation;
(5) encourage the formation of, and support, local development dis-
tricts;
(6) encourage private investment in industrial, commercial, and rec-
reational projects;
(7) serve as a focal point and coordinating unit for Appalachian pro-
grams;
(8) provide a forum for consideration of problems of the region and
proposed solutions and establish and utilize, as appropriate, citizens and
special advisory councils and public conferences;
(9) encourage the use of eco-industrial development technologies and
approaches; and
(10) seek to coordinate the economic development activities of, and the
use of economic development resources by, federal agencies in the region.
(b) IDENTIFY NEEDS AND GOALS OF SUBREGIONAL AREAS.—In carrying
out its functions under this section, the Commission shall identify the charac-
teristics of, and may distinguish between the needs and goals of, appropriate
subregional areas, including central, northern, and southern Appalachia.
§ 14304. Recommendations
The Appalachian Regional Commission may make recommendations to the
President and to the Governors and appropriate local officials with respect
to—
(1) the expenditure of amounts by federal, state, and local departments
and agencies in the Appalachian region in the fields of natural resources,
agriculture, education, training, and health and welfare and in other
fields related to the purposes of this subtitle; and
(2) additional federal, state, and local legislation or administrative ac-
tions as the Commission considers necessary to further the purposes of
this subtitle.
§ 14305. Liaison between Federal Government and Commis-
sion
(a) PRESIDENT.—The President shall provide effective and continuing liai-
son between the Federal Government and the Appalachian Regional Commis-
sion and a coordinated review within the Government of the plans and rec-