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

Page 263 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 14525 ance under this subtitle, and in establishing a priority ranking of the requests for assistance presented to the Appalachian Regional Commis- sion, the Commission shall follow procedures that will ensure consideration of— (1) the relationship of the project or class of projects to overall regional development, in- cluding its location in a severely and persist- ently 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 unemploy- ment rates in the area; (3) the relative financial resources available to the State or political subdivisions or in- strumentalities of the State that seek to un- dertake 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 con- tinuing rather than a temporary basis, the op- portunities for employment, the average level of income, or the economic and social develop- ment 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 evalu- ated. (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 assist- ance under other laws for the same type of pro- grams or projects in that part of the State with- in the Appalachian region will not be diminished in order to substitute amounts authorized by this subtitle. (d) MINIMUM AMOUNT OF ASSISTANCE TO DIS- TRESSED COUNTIES AND AREAS.—For each fiscal year, not less than 50 percent of the amount of grant expenditures the Commission approves shall support activities or projects that benefit severely and persistently distressed counties and areas. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1275.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 14524(a) ...... 40 App.:224(a). Pub. L. 89–4, title II, § 224(a), Mar. 9, 1965, 79 Stat. 18; Pub. L. 90–103, title I, § 119(a), Oct. 11, 1967, 81 Stat. 264; Pub. L. 105–393, title II, § 218(a), (b), Nov. 13, 1998, 112 Stat. 3622; Pub. L. 107–149, §§ 8(a), 13(g), Mar. 12, 2002, 116 Stat. 70, 72. 14524(b) ...... 40 App.:224(b). Pub. L. 89–4, title II, § 224(b), Mar. 9, 1965, 79 Stat. 19; Pub. L. 90–103, title I, § 119(b), Oct. 11, 1967, 81 Stat. 264; Pub. L. 105–393, title II, § 218(c), Nov. 13, 1998, 112 Stat. 3623. 14524(c) ...... 40 App.:224(c). Pub. L. 89–4, title II, § 224(c), as added Pub. L. 94–188, title I, § 117, Dec. 31, 1975, 89 Stat. 1084. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 14524(d) ...... 40 App.:224(d). Pub. L. 89–4, title II, § 224(d), as added Pub. L. 107–149, § 8(b), Mar. 12, 2002, 116 Stat. 70. § 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 with- in the Appalachian region. The plan shall— (1) be submitted according to a schedule the Commission prescribes; (2) reflect the goals, objectives, and prior- ities 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 con- tinuous process for Appalachian development planning, including— (A) the procedures established by the State for the participation of local develop- ment 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 sub- title, the Public Works and Economic Devel- opment Act of 1965 (42 U.S.C. 3121 et seq.), and other federal, state, and local programs; (4) set forth the goals, objectives, and prior- ities 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 recommenda- tions for specific projects to receive assistance under this subtitle. (b) AREAWIDE ACTION PROGRAMS.—The Com- mission shall encourage the preparation and execution of areawide action programs that specify interrelated projects and schedules of ac- tions, the necessary agency funding, and other commitments to implement the programs. The programs shall make appropriate use of existing plans affecting the area. (c) LOCAL DEVELOPMENT DISTRICTS.—Local de- velopment districts certified by the State as de- scribed in section 14102(a)(2) of this title provide the linkage between state and substate planning and development. The districts shall assist the States in the coordination of areawide programs and projects and may prepare and adopt areawide plans or action programs. In carrying out the development planning process, including the selection of programs and projects for assist- ance, States shall consult with local develop- ment districts, local units of government, and citizen groups and shall consider the goals, ob- jectives, priorities, and recommendations of those bodies. (d) FEDERAL RESPONSIBILITIES.—To the max- imum extent practicable, federal departments, Page 264 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 14526 agencies, and instrumentalities undertaking or providing financial assistance for programs or projects in the region shall— (1) take into account the policies, goals, and objectives the Commission and its member States establish pursuant to this subtitle; (2) recognize Appalachian state development strategies approved by the Commission as sat- isfying requirements for overall economic de- velopment planning under the programs or projects; and (3) accept the boundaries and organization of any local development district certified under this subtitle that the Governor may designate as the areawide agency required under any of those programs undertaken or assisted by those federal departments, agencies, and in- strumentalities. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1275.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 14525(a) ...... 40 App.:225(a). Pub. L. 89–4, title II, § 225, as added Pub. L. 94–188, title I, § 118, Dec. 31, 1975, 89 Stat. 1084; Pub. L. 107–149, § 13(h), Mar. 12, 2002, 116 Stat. 72. 14525(b) ...... 40 App.:225(b)(2). 14525(c) ...... 40 App.:225(b)(1). 14525(d) ...... 40 App.:225(c). Editorial Notes REFERENCES IN TEXT The Public Works and Economic Development Act of 1965, referred to in subsec. (a)(3)(C), is Pub. L. 89–136, Aug. 26, 1965, 79 Stat. 552, which is classified principally to chapter 38 (§ 3121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3121 of Title 42 and Tables. § 14526. Distressed, at-risk, and economically strong counties (a) DESIGNATIONS.— (1) IN GENERAL.—The Appalachian Regional Commission, in accordance with criteria the Commission may establish, each year shall— (A) designate as ‘‘distressed counties’’ those counties in the Appalachian region that are the most severely and persistently distressed; (B) designate as ‘‘at-risk counties’’ those counties in the Appalachian region that are most at risk of becoming economically dis- tressed; and (C) designate two categories of economi- cally strong counties, consisting of— (i) ‘‘competitive counties’’, which shall be those counties in the region that are ap- proaching economic parity with the rest of the United States; and (ii) ‘‘attainment counties’’, which shall be those counties in the region that have attained or exceeded economic parity with the rest of the United States. (2) ANNUAL REVIEW OF DESIGNATIONS.—The Commission shall— (A) conduct an annual review of each des- ignation of a county under paragraph (1) to determine if the county still meets the cri- teria for the designation; and (B) renew the designation for another one- year period only if the county still meets the criteria. (b) DISTRESSED COUNTIES.—In program and project development and implementation and in the allocation of appropriations made available to carry out this subtitle, the Commission shall give special consideration to the needs of coun- ties for which a distressed county designation is in effect under this section. (c) ECONOMICALLY STRONG COUNTIES.— (1) COMPETITIVE COUNTIES.—Except as pro- vided in paragraphs (3) and (4), assistance under this subtitle for a project that is carried out in a county for which a competitive coun- ty designation is in effect under this section shall not be more than 30 percent of the project cost. (2) ATTAINMENT COUNTIES.—Except as pro- vided in paragraphs (3) and (4), amounts may not be provided under this subtitle for a project that is carried out in a county for which an attainment county designation is in effect under this section. (3) EXCEPTIONS.—Paragraphs (1) and (2) do not apply to— (A) a project on the Appalachian develop- ment highway system authorized by section 14501 of this title; (B) a local development district adminis- trative project assisted under section 14321(a)(1)(A) of this title; or (C) a multicounty project that is carried out in at least two counties designated under this section if— (i) at least one of the participating coun- ties is designated as a distressed county under this section; and (ii) the project will be of substantial di- rect benefit to at least one distressed county. (4) WAIVER.— (A) IN GENERAL.—The Commission may waive the requirements of paragraphs (1) and (2) for a project when the recipient of assist- ance for the project shows the existence of any of the following: (i) a significant pocket of distress in the part of the county in which the project is carried out. (ii) a significant potential benefit from the project in at least one area of the re- gion outside the designated county. (B) REPORTS TO CONGRESS.—The Commis- sion shall submit to the Committee on Envi- ronment and Public Works of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives an annual report describing each waiver grant- ed under subparagraph (A) during the period covered by the report. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1277; Pub. L. 110–371, § 4(a), Oct. 8, 2008, 122 Stat. 4041.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 14526 .......... 40 App.:226. Pub. L. 89–4, title II, § 226, as added Pub. L. 105–393, title II, § 219, Nov. 13, 1998, 112 Stat. 3623.