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40 U.S.C. § 14302 — Decisions

Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 14302 — Decisions

**(a) Requirements for Approval.—** Except as provided in [section 14306(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14306/d&num=0&edition=prelim), 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 Federal Cochairman, to the extent practicable, shall consult with the federal departments 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 development plans or strategy statements, modification or revision of the Appalachian 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14322&num=0&edition=prelim).

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Source location: Title 40, Chapter 143, § 14302; chapter-143-appalachian-regional-commission.md

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**(a) Requirements for Approval.—** Except as provided in [section 14306(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14306/d&num=0&edition=prelim), 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 Federal Cochairman, to the extent practicable, shall consult with the federal departments 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 development plans or strategy statements, modification or revision of the Appalachian 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14322&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 14322 — Approval of development plans, strategy statements, and projects

**(a) Annual Review and Approval Required.—** The Appalachian Regional Commission annually shall review and approve, in accordance with [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14302&num=0&edition=prelim), state and regional development plans and strategy statements, and any multistate subregional plans which may be developed. **(b) Application Process.—** An application for a grant or for other assistance for a specific project under this subtitle shall be made through the state member of the Commission representing the applicant. The state member shall evaluate the application for approval. To be approved, the state member must certify, and the Federal Cochairman must determine, that the application— (1) implements the Commission-approved state development plan; (2) is included in the Commission-approved strategy statement; (3) adequately ensures that the project will be properly administered, operated, and maintained; and (4) otherwise meets the requirements for assistance under this subtitle. **(c) Affirmative Vote Requirement Deemed Met.—** After the appropriate state development plan and strategy statement are approved, certification by a state member, when joined by an affirmative vote of the Federal Cochairman, is deemed to satisfy the requirements for affirmative votes for decisions under [section 14302(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14302/a&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 14302 — Decisions

Page 245 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 14303 (2) ALTERNATE FEDERAL COCHAIRMAN.—The alternate to the Federal Cochairman shall per- form 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 Com- mission may assign. (f) STATUS OF PERSONNEL.—Members, alter- nates, officers, and employees of the Commis- sion are not federal employees for any purpose, except the Federal 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. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1256; Pub. L. 112–166, § 2(n), Aug. 10, 2012, 126 Stat. 1287.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 14301(a), (b)(1). 40 App.:101(a)(1) (1st, 3d sen- tences). Pub. L. 89–4, title I, § 101(a)(1), (c), (d), Mar. 9, 1965, 79 Stat. 6; Pub. L. 94–188, title I, §§ 103(1), (2), (4), (5), 104, Dec. 31, 1975, 89 Stat. 1079, 1080; Pub. L. 105–393, title II, § 203(a)(1), (b)(2), Nov. 13, 1998, 112 Stat. 3619. 14301(b)(2) .. 40 App.:101(c) (1st–4th sen- tences). 14301(b)(3) .. 40 App.:101(a)(1) (2d, last sentences). 14301(c) ...... 40 App.:101(d) (1st sentence, 2d sen- tence related to compensation, last sentence). 14301(d)(1) .. 40 App.:101(c) (last sentence). 14301(d)(2) .. 40 App.:101(d) (2d sentence related to delegation). 14301(e) ...... 40 App.:106(2) (2d sentence). Pub. L. 89–4, title I, § 106(2) (2

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