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40 U.S.C. § 14523 — Program implementation

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

40 U.S.C. § 14523 — Program implementation

**(a) Requirements.—** A program or project authorized under this chapter shall not be implemented until— (1) the responsible federal official has decided that applications and plans relating to the program or project are not incompatible with the provisions and objectives of federal laws that the official administers that are not inconsistent with this subtitle; and (2) the Appalachian Regional Commission has approved the program or project and has determined that it— (A) meets the applicable criteria under [section 14524 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14524&num=0&edition=prelim) and the requirements of the development planning process under [section 14525 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14525&num=0&edition=prelim); and (B) will contribute to the development of the Appalachian region. **(b) Decision Is Controlling.—** A decision under subsection (a)(2) is controlling and shall be accepted by the federal agencies.

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Source file: Laws/federal/codes/united-states-code/title-40/section-14523-program-implementation--8927e9f6c4.md
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Source location: Title 40, Chapter 145, § 14523; chapter-145-special-appalachian-programs.md

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

40 U.S.C. § 14525 — State development planning process

**(a) State Development Plan.—** Pursuant to policies the Appalachian Regional Commission establishes, each state member shall submit a development plan for the area of the State within the Appalachian region. The plan shall— (1) be submitted according to a schedule the Commission prescribes; (2) reflect the goals, objectives, and priorities identified in the regional development plan and in any subregional development plan that may be approved for the subregion of which the State is a part; (3) describe the state organization and continuous process for Appalachian development planning, including— (A) the procedures established by the State for the participation of local development districts in the process; (B) how the process is related to overall statewide planning and budgeting processes; and (C) the method of coordinating planning and projects in the region under this subtitle, the Public Works and Economic Development Act of 1965 ([42 U.S.C. 3121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3121&num=0&edition=prelim) et seq.), and other federal, state, and local programs; (4) set forth the goals, objectives, and priorities of the State for the region, as established by the Governor, and identify the needs on which the goals, objectives, and priorities are based; and (5) describe the development strategies for achieving the goals, objectives, and priorities, including funding sources, and recommendations for specific projects to receive assistance under this subtitle. **(b) Areawide Action Programs.—** The Commission shall encourage the preparation and execution of areawide action programs that specify interrelated projects and schedules of actions, the necessary agency funding, and other commitments to implement the p

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

40 U.S.C. § 14524 — Program development criteria

**(a) Factors To Be Considered.—** In considering programs and projects to be given assistance under this subtitle, and in establishing a priority ranking of the requests for assistance presented to the Appalachian Regional Commission, the Commission shall follow procedures that will ensure consideration of— (1) the relationship of the project or class of projects to overall regional development, including its location in a severely and persistently distressed county or area; (2) the population and area to be served by the project or class of projects, including the per capita market income and the unemployment rates in the area; (3) the relative financial resources available to the State or political subdivisions or instrumentalities of the State that seek to undertake the project; (4) the importance of the project or class of projects in relation to other projects or classes of projects that may be in competition for the same amounts; (5) the prospects that the project for which assistance is sought will improve, on a continuing rather than a temporary basis, the opportunities for employment, the average level of income, or the economic and social development of the area served by the project; and (6) the extent to which the project design provides for detailed outcome measurements by which grant expenditures may be evaluated. **(b) Limitation on Use.—** Financial assistance made available under this subtitle shall not be used to assist establishments relocating from one area to another. **(c) Determination Required Before Amounts May Be Provided.—** Amounts may be provided for programs and projects in a State under this subtitle only if the Commission determines that the level of federal and state financial assistance under other laws for the same type of pro

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

40 U.S.C. § 14502 — Demonstration health projects

**(a) Purpose.—** To demonstrate the value of adequate health facilities and services to the economic development of the Appalachian region, the Secretary of Health and Human Services may make grants for the planning, construction, equipment, and operation of multi-county demonstration health, nutrition, and child care projects, including hospitals, regional health diagnostic and treatment centers, and other facilities and services necessary for the purposes of this section. **(b) Planning Grants.—** (1) **Authority to provide amounts and make grants.—** — The Secretary may provide amounts to the Appalachian Regional Commission for the support of its Health Advisory Committee and may make grants for expenses of planning necessary for the development and operation of demonstration health projects for the region. (2) **Limitation on available amounts.—** — The amount of a grant under this section for planning shall not be more than 75 percent of expenses. (3) **Sources of assistance.—** — The federal contribution may be provided entirely from amounts authorized under this section or in combination with amounts provided under other federal or federal grant programs. (4) **Federal share.—** — Notwithstanding any provision of law limiting the federal share in those other programs, amounts appropriated to carry out this section may be used to increase the federal share to the maximum percentage cost of a grant authorized by this subsection. **(c) Construction and Equipment Grants.—** (1) **Additional uses for construction grants.—** — Grants under this section for construction may also be used for— (A) the acquisition of privately owned facilities— (i) not operated for profit; or (ii) previously operated for profit if the Commission finds that health servi

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

40 U.S.C. § 14523 — Program implementation

Page 262 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 14521 (3) that will help establish a regional energy hub in the Appalachian region for natural gas and natural gas liquids, including hydrogen produced from the steam methane reforming of natural gas feedstocks. (b) LIMITATION ON AVAILABLE AMOUNTS.—Of the cost of any project or activity eligible for a grant under this section— (1) except as provided in paragraphs (2) and (3), not more than 50 percent may be provided from amounts made available to carry out this section; (2) in the case of a project or activity to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be pro- vided from amounts made available to carry out this section; and (3) in the case of a project or activity to be carried out in a county for which an at-risk county designation is in effect under section 14526, not more than 70 percent may be pro- vided from amounts made available to carry out this section. (c) SOURCES OF ASSISTANCE.—Subject to sub- section (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available— (1) under any other Federal program; or (2) 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 to increase that Federal share, as the Appa- lachian Regional Commission determines to be appropriate. (Added Pub. L. 117–58, div. A, title I, § 11506(e)(1), Nov. 15, 2021, 135 Stat. 585.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2021, see section 100

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