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Owsley, Perry, Pike, Powell, Pulaski, Rockcastle, Rowan, Russell,
Wayne, Whitley, and Wolfe.
(D) In Maryland, the counties of Allegany, Garrett, and Wash-
ington.
(E) In Mississippi, the counties of Alcorn, Benton, Calhoun,
Chickasaw, Choctaw, Clay, Itawamba, Kemper, Lee, Lowndes,
Marshall, Monroe, Montgomery, Noxubee, Oktibbeha, Panola,
Pontotoc, Prentiss, Tippah, Tishomingo, Union, Webster, Winston,
and Yalobusha.
(F) In New York, the counties of Allegany, Broome,
Cattaraugus, Chautauqua, Chemung, Chenango, Cortland, Dela-
ware, Otsego, Schoharie, Schuyler, Steuben, Tioga, and Tompkins.
(G) In North Carolina, the counties of Alexander, Alleghany,
Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Davie,
Forsyth, Graham, Haywood, Henderson, Jackson, McDowell,
Macon, Madison, Mitchell, Polk, Rutherford, Stokes, Surry, Swain,
Transylvania, Watauga, Wilkes, Yadkin, and Yancey.
(H) In Ohio, the counties of Adams, Athens, Belmont, Brown,
Carroll, Clermont, Columbiana, Coshocton, Gallia, Guernsey, Har-
rison, Highland, Hocking, Holmes, Jackson, Jefferson, Lawrence,
Meigs, Monroe, Morgan, Muskingum, Noble, Perry, Pike, Ross,
Scioto, Tuscarawas, Vinton, and Washington.
(I) In Pennsylvania, the counties of Allegheny, Armstrong, Bea-
ver, Bedford, Blair, Bradford, Butler, Cambria, Cameron, Carbon,
Centre, Clarion, Clearfield, Clinton, Columbia, Crawford, Elk,
Erie, Fayette, Forest, Fulton, Greene, Huntingdon, Indiana, Jef-
ferson, Juniata, Lackawanna, Lawrence, Luzerne, Lycoming,
McKean, Mercer, Mifflin, Monroe, Montour, Northumberland,
Perry, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Sus-
quehanna, Tioga, Union, Venango, Warren, Washington, Wayne,
Westmoreland, and Wyoming.
(J) In South Carolina, the counties of Anderson, Cherokee,
Greenville, Oconee, Pickens, and Spartanburg.
(K) In Tennessee, the counties of Anderson, Bledsoe, Blount,
Bradley, Campbell, Cannon, Carter, Claiborne, Clay, Cocke, Cof-
fee, Cumberland, De Kalb, Fentress, Franklin, Grainger, Greene,
Grundy, Hamblen, Hamilton, Hancock, Hawkins, Jackson, Jeffer-
son, Johnson, Knox, Loudon, McMinn, Macon, Marion, Meigs,
Monroe, Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane,
Scott, Sequatchie, Sevier, Smith, Sullivan, Unicoi, Union, Van
Buren, Warren, Washington, and White.
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(L) In Virginia, the counties of Alleghany, Bath, Bland,
Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd, Giles,
Grayson, Highland, Lee, Montgomery, Pulaski, Rockbridge, Rus-
sell, 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 coun-
ties or parts of counties or other political subdivisions within the re-
gion:
(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
government.
(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 Com-
mittee on Environment and Public Works of the Senate or the Committee
on Transportation 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.
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.—
235
(1) FEDERAL AND STATE MEMBERS.—The Commission is composed
of the Federal Cochairman, appointed by the President by and with the
advice and consent of the Senate, and the Governor of each partici-
pating State in the Appalachian region.
(2) ALTERNATE MEMBERS.—Each state member may have a single
alternate, appointed by the Governor from among the members of the
Governor’s cabinet or the Governor’s personal staff. The President, by
and with the advice and consent of the Senate, shall appoint an alter-
nate for the Federal Cochairman. An alternate shall vote in the event
of the absence, death, disability, removal, or resignation of the member
for whom the individual is an alternate. A state alternate shall not be
counted toward 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 Cochair-
man 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 com-
pensated 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 com-
pensated 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
Commission meetings.
(2) ALTERNATE FEDERAL COCHAIRMAN.—The alternate to the Fed-
eral Cochairman shall perform the functions and duties the Federal Co-
chairman 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
functions of the Commission, for directing the Commission staff, and for
other duties the Commission may assign.
(f) STATUS OF PERSONNEL.—Members, alternates, officers, and employ-
ees of the Commission are not federal employees for any purpose, except
the Federal Cochairman, the alternate to the Federal Cochairman, the staff
236
of the Federal Cochairman, and federal employees detailed to the Commis-
sion 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
require 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 Fed-
eral Cochairman, to the extent practicable, shall consult with the federal de-
partments and agencies having an interest in the subject matter.
(c) DECISIONS REQUIRING QUORUM OF STATE MEMBERS.—A decision
involving Commission policy, approval of state, regional or subregional de-
velopment plans or strategy statements, modification or revision of the Ap-
palachian 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 Ap-
palachian 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
cooperation with federal, state, and local agencies, sponsor demonstra-
tion projects designed to foster regional productivity and growth;
(3) review and study, in cooperation with the agency involved, fed-
eral, state, and local public and private programs and, where appro-
priate, recommend modifications or additions which will increase their
effectiveness in the region;
(4) formulate and recommend, where appropriate, interstate com-
pacts 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;
237
(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 char-
acteristics of, and may distinguish between the needs and goals of, appro-
priate subregional areas, including central, northern, and southern Appa-
lachia.
§ 14304. Recommendations
The Appalachian Regional Commission may make recommendations to
the President and to the Governors and appropriate local officials with re-
spect to—
(1) the expenditure of amounts by federal, state, and local depart-
ments 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
actions 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 li-
aison between the Federal Government and the Appalachian Regional Com-
mission and a coordinated review within the Government of the plans and
recommendations submitted by the Commission pursuant to sections 14303
and 14304 of this title.
(b) INTERAGENCY COORDINATING COUNCIL ON APPALACHIA.—In car-
rying out subsection (a), the President shall establish the Interagency Co-
ordinating Council on Appalachia, to be composed of the Federal Cochair-
man and representatives of federal agencies that carry out economic devel-
opment programs in the Appalachian region. The Federal Cochairman is the
Chairperson of the Council.
238
§ 14306. Administrative powers and expenses
(a) POWERS.—To carry out its duties under this subtitle, the Appa-
lachian Regional Commission may—
(1) adopt, amend, and repeal bylaws and regulations governing the
conduct of its business and the performance of its functions;
(2) appoint and fix the compensation of an executive director and
other personnel as necessary to enable the Commission to carry out its
functions, except that the compensation shall not exceed the maximum
rate of basic pay for the Senior Executive Service under section 5382
of title 5, including any applicable locality-based comparability payment
that may be authorized under section 5304(h)(2)(C) of title 5;
(3) request the head of any federal department or agency to detail
to temporary duty with the Commission personnel within the adminis-
trative jurisdiction of the head of the department or agency that the
Commission may need for carrying out its functions, each detail to be
without loss of seniority, pay, or other employee status;
(4) arrange for the services of personnel from any state or local gov-
ernment, subdivision or agency of a state or local government, or inter-
governmental agency;
(5)(A) make arrangements, including contracts, with any partici-
pating state government for inclusion in a suitable retirement and em-
ployee benefit system of Commission personnel who may not be eligible
for, or continue in, another governmental retirement or employee ben-
efit system; or
(B) otherwise provide for coverage of its personnel;
(6) accept, use, and dispose of gifts or donations of services or any
property;
(7) enter into and perform contracts, leases (including the lease of
office space for any term), cooperative agreements, or other trans-
actions, necessary in carrying out its functions, on terms as it may con-
sider appropriate, with any—
(A) department, agency, or instrumentality of the Federal Gov-
ernment;
(B) State or political subdivision, agency, or instrumentality of
a State; or
(C) person;
(8) maintain a temporary office in the District of Columbia and es-
tablish a permanent office at a central and appropriate location it may
select and field offices at other places it may consider appropriate; and
(9) take other actions and incur other expenses as may be necessary
or appropriate.
239
(b) AUTHORIZATIONS.—
(1) DETAIL
EMPLOYEES.—The head of a federal department or
agency may detail personnel under subsection (a)(3).
(2) ENTER
INTO
AND
PERFORM
TRANSACTIONS.—A department,
agency, or instrumentality of the Government, to the extent not other-
wise prohibited by law, may enter into and perform a contract, lease,
cooperative agreement, or other transaction under subsection (a)(7).
(c) RETIREMENT AND OTHER EMPLOYEE BENEFIT PROGRAMS.—The Di-
rector of the Office of Personnel Management may contract with the Com-
mission for continued coverage of Commission employees, if the employees
are federal employees when they begin Commission employment, in the re-
tirement program and other employee benefit programs of the Government.
(d) EXPENSES.—Administrative expenses of the Commission shall be paid
equally by the Government and the States in the Appalachian region, except
that the expenses of the Federal Cochairman, the alternate to the Federal
Cochairman, and the staff of the Federal Cochairman shall be paid only by
the Government. The Commission shall determine the amount to be paid
by each State. The Federal Cochairman shall not participate or vote in that
determination. Assistance authorized by this subtitle shall not be furnished
to any State or to any political subdivision or any resident of any State,
and a state member of the Commission shall not participate or vote in any
decision by the Commission, while the State is delinquent in payment of its
share of administrative expenses.
§ 14307. Meetings
(a) IN GENERAL.—The Appalachian Regional Commission shall conduct
at least one meeting each year with the Federal Cochairman and at least
a majority of the state members present.
(b) ADDITIONAL MEETINGS BY ELECTRONIC MEANS.—The Commission
may conduct additional meetings by electronic means as the Commission
considers advisable, including meetings to decide matters requiring an af-
firmative vote.
§ 14308. Information
(a) ACTIONS OF COMMISSION.—To obtain information needed to carry
out its duties, the Appalachian Regional Commission shall—
(1) hold hearings, sit and act at times and places, take testimony,
receive evidence, and print or otherwise reproduce and distribute so
much of its proceedings and reports on the proceedings as the Commis-
sion may deem advisable;
(2) arrange for the head of any federal, state, or local department
or agency to furnish to the Commission information as may be avail-
able to or procurable by the department or agency; and
240
(3) keep accurate and complete records of its doings and trans-
actions which shall be made available for—
(A) public inspection; and
(B) audit and examination by the Comptroller General or an au-
thorized representative of the Comptroller General.
(b) AUTHORIZATIONS.—
(1) ADMINISTER OATHS.—A Cochairman of the Commission, or any
member of the Commission designated by the Commission, may admin-
ister oaths when the Commission decides that testimony shall be taken
or evidence received under oath.
(2) FURNISH INFORMATION.—The head of any federal, state, or local
department or agency, to the extent not otherwise prohibited by law,
may carry out section (a)(2).
(c) PUBLIC PARTICIPATION.—Public participation in the development, re-
vision, and implementation of all plans and programs under this subtitle by
the Commission, any State, or any local development district shall be pro-
vided for, encouraged, and assisted. The Commission shall develop and pub-
lish regulations specifying minimum guidelines for public participation, in-
cluding public hearings.
§ 14309. Personal financial interests
(a) CONFLICT OF INTEREST.—
(1) NO ROLE ALLOWED.—Except as permitted by paragraph (2), an
individual who is a state member or alternate, or an officer or employee
of the Appalachian Regional Commission, shall not participate person-
ally and substantially as a member, alternate, officer, or employee in
any way in any particular matter in which, to the individual’s knowl-
edge, any of the following has a financial interest:
(A) the individual.
(B) the individual’s spouse, minor child, or partner.
(C) an organization (except a State or political subdivision of
a State) in which the individual is serving as an officer, director,
trustee, partner, or employee.
(D) any person or organization with whom the individual—
(i) is serving as an officer, director, trustee, partner, or em-
ployee; or
(ii) is negotiating or has any arrangement concerning pro-
spective employment.
(2) EXCEPTION.—Paragraph (1) does not apply if the individual
first advises the Commission of the nature and circumstances of the
particular matter and makes full disclosure of the financial interest and
receives in advance a written decision of the Commission that the inter-
241
est is not so substantial as to be considered likely to affect the integrity
of the services which the Commission may expect from the individual.
(3) CRIMINAL
PENALTY.—An individual violating this subsection
shall be fined under title 18, imprisoned for not more than two years,
or both.
(b) ADDITIONAL SOURCES OF SALARY DISALLOWED.—
(1) STATE MEMBER OR ALTERNATE.—A state member or alternate
may not receive any salary, or any contribution to, or supplementation
of, salary, for services on the Commission from a source other than the
State of the member or alternate.
(2) INDIVIDUALS DETAILED TO COMMISSION.—An individual detailed
to serve the Commission under section 14306(a)(4) of this title may
not receive any salary, or any contribution to, or supplementation of,
salary, for services on the Commission from a source other than the
state, local, or intergovernmental department or agency from which the
individual was detailed or from the Commission.
(3) CRIMINAL
PENALTY.—An individual violating this subsection
shall be fined under title 18, imprisoned for not more than one year,
or both.
(c) FEDERAL COCHAIRMAN, ALTERNATE TO FEDERAL COCHAIRMAN, AND
FEDERAL OFFICERS AND EMPLOYEES.—The Federal Cochairman, the al-
ternate to the Federal Cochairman, and any federal officer or employee de-
tailed to duty with the Commission under section 14306(a)(3) of this title
are not subject to this section but remain subject to sections 202–209 of
title 18.
(d) RESCISSION.—The Commission may declare void and rescind any con-
tract, loan, or grant of or by the Commission in relation to which it finds
that there has been a violation of subsection (a)(1) or (b) of this section
or any of the provisions of sections 202–209 of title 18.
§ 14310. Annual report
Not later than six months after the close of each fiscal year, the Appa-
lachian Regional Commission shall prepare and submit to the Governor of
each State in the Appalachian region and to the President, for transmittal
to Congress, a report on the activities carried out under this subtitle during
the fiscal year.
SUBCHAPTER II—FINANCIAL ASSISTANCE
§ 14321. Grants and other assistance
(a) AUTHORIZATION TO MAKE GRANTS.—
(1) IN GENERAL.—The Appalachian Regional Commission may make
grants—