Appalachian Regional Development Act Amendments of 2008
PL 110-371 (S.496), enacted 10/08/2008

122 STAT. 4037 
PUBLIC LAW 110–371—OCT. 8, 2008 
Public Law 110–371 
110th Congress 
An Act 
To reauthorize and improve the program authorized by the Apalachian Regional 
Development Act of 1965. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Appalachian Regional Develop-
ment Act Amendments of 2008’’. 
SEC. 2. LIMITATION ON AVAILABLE AMOUNTS; MAXIMUM COMMISSION 
CONTRIBUTION. 
(a) GRANTS AND OTHER ASSISTANCE.—Section 14321(a) of title 
40, United States Code, is amended— 
(1) in paragraph (1)(A) by striking clause (i) and inserting 
the following: 
‘‘(i) the amount of the grant shall not exceed— 
‘‘(I) 50 percent of administrative expenses; 
‘‘(II) at the discretion of the Commission, if 
the grant is to a local development district that 
has a charter or authority that includes the eco-
nomic development of a county or a part of a 
county for which a distressed county designation 
is in effect under section 14526, 75 percent of 
administrative expenses; or 
‘‘(III) at the discretion of the Commission, if 
the grant is to a local development district that 
has a charter or authority that includes the eco-
nomic development of a county or a part of a 
county for which an at-risk county designation 
is in effect under section 14526, 70 percent of 
administrative expenses;’’; and 
(2) in paragraph (2) by striking subparagraph (A) and 
inserting the following: 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), of the cost of any activity eligible for financial assist-
ance under this section, not more than— 
‘‘(i) 50 percent may be provided from amounts 
appropriated to carry out this subtitle; 
‘‘(ii) 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, 80 percent may be 
provided from amounts appropriated to carry out this 
subtitle; or 
Grants. 
40 USC 101 note. 
Appalachian 
Regional 
Development Act 
Amendments of 
2008. 
Oct. 8, 2008 
[S. 496] 
VerDate Aug 31 2005 
12:51 Dec 08, 2009
Jkt 069194
PO 00003
Frm 01123
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT3\69194PT3.001
APPS10
PsN: 69194PT3
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 4038 
PUBLIC LAW 110–371—OCT. 8, 2008 
‘‘(iii) in the case of a project to be carried out 
in a county for which an at-risk county designation 
is in effect under section 14526, 70 percent may be 
provided from amounts appropriated to carry out this 
subtitle.’’. 
(b) DEMONSTRATION HEALTH PROJECTS.—Section 14502 of title 
40, United States Code, is amended— 
(1) in subsection (d) by striking paragraph (2) and inserting 
the following: 
‘‘(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 to be appropriated by this section, may 
be made for up to— 
‘‘(A) 50 percent of the cost of that operation; 
‘‘(B) 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, 80 percent of the cost of that 
operation; or 
‘‘(C) in the case of a project to be carried out for 
a county for which an at-risk county designation is in 
effect under section 14526, 70 percent of the cost of that 
operation.’’; and 
(2) in subsection (f)— 
(A) in paragraph (1) by striking ‘‘paragraph (2)’’ and 
inserting ‘‘paragraphs (2) and (3)’’; and 
(B) by adding at the end the following: 
‘‘(3) AT-RISK COUNTIES.—The maximum Commission con-
tribution for a project to be carried out in a county for which 
an at-risk county designation is in effect under section 14526 
may be increased to the lesser of— 
‘‘(A) 70 percent; or 
‘‘(B) the maximum Federal contribution percentage 
authorized by this section.’’. 
(c) ASSISTANCE
FOR
PROPOSED
LOW- AND
MIDDLE-INCOME 
HOUSING PROJECTS.—Section 14503 of title 40, United States Code, 
is amended— 
(1) in subsection (d) by striking paragraph (1) and inserting 
the following: 
‘‘(1) LIMITATION ON AVAILABLE AMOUNTS.—A loan under 
subsection (b) for the cost of planning and obtaining financing 
(including the cost of 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) of a project 
described in that subsection may be made for up to— 
‘‘(A) 50 percent of that cost; 
‘‘(B) 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, 80 percent of that cost; or 
‘‘(C) in the case of a project to be carried out for 
a county for which an at-risk county designation is in 
effect under section 14526, 70 percent of that cost.’’; and 
(2) in subsection (e) by striking paragraph (1) and inserting 
the following: 
VerDate Aug 31 2005 
12:51 Dec 08, 2009
Jkt 069194
PO 00003
Frm 01124
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT3\69194PT3.001
APPS10
PsN: 69194PT3
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 4039 
PUBLIC LAW 110–371—OCT. 8, 2008 
‘‘(1) IN GENERAL.—A grant under this section for expenses 
incidental to planning and obtaining financing for a project 
under this section that the Secretary considers to be unrecover-
able from the proceeds of a permanent loan made to finance 
the project shall— 
‘‘(A) not be made to an organization established for 
profit; and 
‘‘(B) except as provided in paragraph (2), not exceed— 
‘‘(i) 50 percent of those expenses; 
‘‘(ii) 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, 80 percent of those 
expenses; or 
‘‘(iii) in the case of a project to be carried out 
in a county for which an at-risk county designation 
is in effect under section 14526, 70 percent of those 
expenses.’’. 
(d) TELECOMMUNICATIONS AND TECHNOLOGY INITIATIVE.—Sec-
tion 14504 of title 40, United States Code, is amended by striking 
subsection (b) and inserting the following: 
‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the cost of any 
activity eligible for a grant under this section, not more than— 
‘‘(1) 50 percent may be provided from amounts appropriated 
to carry out this section; 
‘‘(2) 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, 80 percent may be provided from amounts appro-
priated to carry out this section; or 
‘‘(3) in the case of a project to be carried out in a county 
for which an at-risk county designation is in effect under section 
14526, 70 percent may be provided from amounts appropriated 
to carry out this section.’’. 
(e) ENTREPRENEURSHIP INITIATIVE.—Section 14505 of title 40, 
United States Code, is amended by striking subsection (c) and 
inserting the following: 
‘‘(c) LIMITATION ON AVAILABLE AMOUNTS.—Of the cost of any 
activity eligible for a grant under this section, not more than— 
‘‘(1) 50 percent may be provided from amounts appropriated 
to carry out this section; 
‘‘(2) 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, 80 percent may be provided from amounts appro-
priated to carry out this section; or 
‘‘(3) in the case of a project to be carried out in a county 
for which an at-risk county designation is in effect under section 
14526, 70 percent may be provided from amounts appropriated 
to carry out this section.’’. 
(f) REGIONAL SKILLS PARTNERSHIPS.—Section 14506 of title 40, 
United States Code, is amended by striking subsection (d) and 
inserting the following: 
‘‘(d) LIMITATION ON AVAILABLE AMOUNTS.—Of the cost of any 
activity eligible for a grant under this section, not more than— 
‘‘(1) 50 percent may be provided from amounts appropriated 
to carry out this section; 
‘‘(2) in the case of a project to be carried out in a county 
for which a distressed county designation is in effect under 
VerDate Aug 31 2005 
12:51 Dec 08, 2009
Jkt 069194
PO 00003
Frm 01125
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT3\69194PT3.001
APPS10
PsN: 69194PT3
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 4040 
PUBLIC LAW 110–371—OCT. 8, 2008 
section 14526, 80 percent may be provided from amounts appro-
priated to carry out this section; or 
‘‘(3) in the case of a project to be carried out in a county 
for which an at-risk county designation is in effect under section 
14526, 70 percent may be provided from amounts appropriated 
to carry out this section.’’. 
(g) SUPPLEMENTS
TO
FEDERAL
GRANT
PROGRAMS.—Section 
14507(g) of title 40, United States Code, is amended— 
(1) in paragraph (1) by striking ‘‘paragraph (2)’’ and 
inserting ‘‘paragraphs (2) and (3)’’; and 
(2) by adding at the end the following: 
‘‘(3) AT-RISK COUNTIES.—The maximum Commission con-
tribution for a project to be carried out in a county for which 
an at-risk county designation is in effect under section 14526 
may be increased to 70 percent.’’. 
SEC. 3. ECONOMIC AND ENERGY DEVELOPMENT INITIATIVE. 
(a) IN GENERAL.—Subchapter I of chapter 145 of subtitle IV 
of title 40, United States Code, is amended by adding at the end 
the following: 
‘‘§ 14508. Economic and energy development initiative 
‘‘(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 Appalachian region for projects and activities— 
‘‘(1) to promote energy efficiency in the Appalachian region 
to enhance the economic competitiveness of the Appalachian 
region; 
‘‘(2) to increase the use of renewable energy resources, 
particularly biomass, in the Appalachian region to produce 
alternative transportation fuels, electricity, and heat; and 
‘‘(3) to support the development of regional, conventional 
energy resources to produce electricity and heat through 
advanced technologies that achieve a substantial reduction in 
emissions, including greenhouse gases, over the current base-
line. 
‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the cost of any 
activity eligible for a grant under this section, not more than— 
‘‘(1) 50 percent may be provided from amounts appropriated 
to carry out this section; 
‘‘(2) 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, 80 percent may be provided from amounts appro-
priated to carry out this section; or 
‘‘(3) in the case of a project to be carried out in a county 
for which an at-risk county designation is in effect under section 
14526, 70 percent may be provided from amounts appropriated 
to carry out this section. 
‘‘(c) SOURCES OF ASSISTANCE.—Subject to subsection (b), grants 
provided under this section may be provided 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 
VerDate Aug 31 2005 
12:51 Dec 08, 2009
Jkt 069194
PO 00003
Frm 01126
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT3\69194PT3.001
APPS10
PsN: 69194PT3
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 4041 
PUBLIC LAW 110–371—OCT. 8, 2008 
to increase that Federal share, as the Commission decides is appro-
priate.’’. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 145 
of title 40, United States Code, is amended by inserting after 
the item relating to section 14507 the following: 
‘‘14508. Economic and energy development initiative.’’. 
SEC. 4. DISTRESSED, AT-RISK, AND ECONOMICALLY STRONG COUN-
TIES. 
(a) DESIGNATION OF AT-RISK COUNTIES.—Section 14526 of title 
40, United States Code, is amended— 
(1) in the section heading by inserting ‘‘, at-risk,’’ after 
‘‘Distressed’’; and 
(2) in subsection (a)(1)— 
(A) by redesignating subparagraph (B) as subpara-
graph (C); 
(B) in subparagraph (A) by striking ‘‘and’’ at the end; 
and 
(C) by inserting after subparagraph (A) the following: 
‘‘(B) designate as ‘at-risk counties’ those counties in 
the Appalachian region that are most at risk of becoming 
economically distressed; and’’. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 145 
of such title is amended by striking the item relating to section 
14526 and inserting the following: 
‘‘14526. Distressed, at-risk, and economically strong counties.’’. 
SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Section 14703(a) of title 40, United States 
Code, is amended to read as follows: 
‘‘(a) IN GENERAL.—In addition to amounts made available under 
section 14501, there is authorized to be appropriated to the Appa-
lachian Regional Commission to carry out this subtitle— 
‘‘(1) $87,000,000 for fiscal year 2008; 
‘‘(2) $100,000,000 for fiscal year 2009; 
‘‘(3) $105,000,000 for fiscal year 2010; 
‘‘(4) $108,000,000 for fiscal year 2011; and 
‘‘(5) $110,000,000 for fiscal year 2012.’’. 
(b) ECONOMIC AND ENERGY DEVELOPMENT INITIATIVE.—Section 
14703(b) of such title is amended to read as follows: 
‘‘(b) ECONOMIC AND ENERGY DEVELOPMENT INITIATIVE.—Of the 
amounts made available under subsection (a), the following amounts 
may be used to carry out section 14508— 
‘‘(1) $12,000,000 for fiscal year 2008; 
‘‘(2) $12,500,000 for fiscal year 2009; 
‘‘(3) $13,000,000 for fiscal year 2010; 
‘‘(4) $13,500,000 for fiscal year 2011; and 
‘‘(5) $14,000,000 for fiscal year 2012.’’. 
(c) ALLOCATION
OF FUNDS.—Section 14703 of such title is 
amended by adding at the end the following: 
‘‘(d) ALLOCATION
OF FUNDS.—Funds approved by the Appa-
lachian Regional Commission for a project in a State in the Appa-
lachian region pursuant to a congressional directive shall be derived 
from the total amount allocated to the State by the Appalachian 
Regional Commission from amounts appropriated to carry out this 
subtitle.’’. 
VerDate Aug 31 2005 
12:51 Dec 08, 2009
Jkt 069194
PO 00003
Frm 01127
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT3\69194PT3.001
APPS10
PsN: 69194PT3
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 4042 
PUBLIC LAW 110–371—OCT. 8, 2008 
LEGISLATIVE HISTORY—S. 496 (H.R. 799): 
HOUSE REPORTS: No. 110–33 accompanying H.R. 799 (Comm. on Transportation 
and Infrastructure). 
SENATE REPORTS: No. 110–63 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD: 
Vol. 153 (2007): Aug. 3, considered and passed Senate. 
Vol. 154 (2008): July 15, considered and passed House, amended. 
Sept. 26, Senate concurred in House amendment. 
SEC. 6. TERMINATION. 
Section 14704 of title 40, United States Code, is amended 
by striking ‘‘2007’’ and inserting ‘‘2012’’. 
SEC. 7. ADDITIONS TO APPALACHIAN REGION. 
(a) KENTUCKY.—Section 14102(a)(1)(C) of title 40, United States 
Code, is amended— 
(1) by inserting ‘‘Metcalfe,’’ after ‘‘Menifee,’’; 
(2) by inserting ‘‘Nicholas,’’ after ‘‘Morgan,’’; and 
(3) by inserting ‘‘Robertson,’’ after ‘‘Pulaski,’’. 
(b) OHIO.—Section 14102(a)(1)(H) of such title is amended— 
(1) by inserting ‘‘Ashtabula,’’ after ‘‘Adams,’’; 
(2) by inserting ‘‘Mahoning,’’ after ‘‘Lawrence,’’; and 
(3) by inserting ‘‘Trumbull,’’ after ‘‘Scioto,’’. 
(c) TENNESSEE.—Section 14102(a)(1)(K) of such title is amended 
by inserting ‘‘Lawrence, Lewis,’’ after ‘‘Knox,’’. 
(d) VIRGINIA.—Section 14102(a)(1)(L) of such title is amended— 
(1) by inserting ‘‘Henry,’’ after ‘‘Grayson,’’; and 
(2) by inserting ‘‘Patrick,’’ after ‘‘Montgomery,’’. 
Approved October 8, 2008. 
VerDate Aug 31 2005 
12:51 Dec 08, 2009
Jkt 069194
PO 00003
Frm 01128
Fmt 6580
Sfmt 6580
M:\STATUTES\2008\PT3\69194PT3.001
APPS10
PsN: 69194PT3
dkrause on DSK1YNZS61 with PUBLAW