40 U.S.C. § 14501 — Appalachian development highway sys-

Page 251 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 14501 1 So in original. Probably should be followed by a period. section 14302 of this title, state and regional de- velopment 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 main- tained; and (4) otherwise meets the requirements for as- sistance under this subtitle. (c) AFFIRMATIVE VOTE REQUIREMENT DEEMED MET.—After the appropriate state development plan and strategy statement are approved, cer- tification by a state member, when joined by an affirmative vote of the Federal Cochairman, is deemed to satisfy the requirements for affirma- tive votes for decisions under section 14302(a) of this title. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1264.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 14322(a) ...... 40 App.:303 (1st sen- tence). Pub. L. 89–4, title III, § 303, Mar. 9, 1965, 79 Stat. 20; Pub. L. 90–103, title I, § 121, Oct. 11, 1967, 81 Stat. 265; Pub. L. 94–188, title I, § 120, Dec. 31, 1975, 89 Stat. 1086; Pub. L. 107–149, § 13(i), Mar. 12, 2002, 116 Stat. 72. 14322(b) ...... 40 App.:303 (2d, 3d sentences). 14322(c) ...... 40 App.:303 (last sentence). § 14323. Congressional notification (a) IN GENERAL.—In the case of a project de- scribed in subsection (b), the Appalachian Re- gional Commission shall provide to the Com- mittee on Transportation and Infrastructure of the House of Representatives and the Com- mittee on Environment and Public Works of the Senate notice of the award of a grant or other fi- nancial assistance not less than 3 full business days before awarding the grant or other finan- cial assistance. (b) PROJECTS DESCRIBED.—A project referred to in subsection (a) is a project that the Appa- lachian Regional Commission has selected to re- ceive a grant or other financial assistance under this subtitle in an amount not less than $50,000. (Added Pub. L. 117–58, div. A, title I, § 11506(c)(1), Nov. 15, 2021, 135 Stat. 584.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amend- ment note under section 101 of Title 23, Highways. CHAPTER 145—SPECIAL APPALACHIAN PROGRAMS SUBCHAPTER I—PROGRAMS Sec. 14501. Appalachian development highway system. 14502. Demonstration health projects. 14503. Assistance for proposed low- and middle-in- come housing projects. 14504. Telecommunications and technology initia- tive. 14505. Entrepreneurship initiative. 14506. Regional skills partnerships. 14507. Supplements to federal grant programs. 14508. Economic and energy development initiative. 14509. High-speed broadband deployment initiative. 14510. Drug abuse mitigation initiative. 14511 1 Appalachian regional energy hub initiative. SUBCHAPTER II—ADMINISTRATIVE 14521. Required level of expenditure. 14522. Consent of States. 14523. Program implementation. 14524. Program development criteria. 14525. State development planning process. 14526. Distressed, at-risk, and economically strong counties. Editorial Notes AMENDMENTS Pub. L. 117–58, div. A, title I, § 11506(e)(2), Nov. 15, 2021, 135 Stat. 586, which directed amendment of the analysis for subchapter I of this chapter by adding item 14511 at the end, was executed by adding item 14511 to the anal- ysis for this chapter to reflect the probable intent of Congress. 2018—Pub. L. 115–271, title VIII, § 8062(b), Oct. 24, 2018, 132 Stat. 4095, added item 14510. 2015—Pub. L. 114–94, div. A, title I, § 1436(a)(2), Dec. 4, 2015, 129 Stat. 1431, added item 14509. 2008—Pub. L. 110–371, §§ 3(b), 4(b), Oct. 8, 2008, 122 Stat. 4041, added items 14508 and 14526 and struck out former item 14526 ‘‘Distressed and economically strong coun- ties’’. SUBCHAPTER I—PROGRAMS § 14501. Appalachian development highway sys- tem (a) PURPOSE.—To provide a highway system which, in conjunction with the Interstate Sys- tem and other Federal-aid highways in the Ap- palachian region, will open up an area with a de- velopmental potential where commerce and communication have been inhibited by lack of adequate access, the Secretary of Transpor- tation may assist in the construction of an Ap- palachian development highway system and local access roads serving the Appalachian re- gion. Construction on the development highway system shall not be more than three thousand and ninety miles. There shall not be more than 1,400 miles of local access roads that serve spe- cific recreational, residential, educational, com- mercial, industrial, or similar facilities or facili- tate a school consolidation program. (b) COMMISSION DESIGNATIONS.— (1) WHAT IS TO BE DESIGNATED.—The Appa- lachian Regional Commission shall transmit to the Secretary its designations of— (A) the general corridor location and ter- mini of the development highways; Page 252 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 14501 (B) local access roads to be constructed; (C) priorities for the construction of seg- ments of the development highways; and (D) other criteria for the program author- ized by this section. (2) STATE TRANSPORTATION DEPARTMENT REC- OMMENDATION REQUIRED.—Before a state mem- ber participates in or votes on designations, the member must obtain the recommendations of the state transportation department of the State which the member represents. (c) ADDITION TO FEDERAL-AID PRIMARY SYS- TEM.—When completed, each development high- way not already on the Federal-aid primary sys- tem shall be added to the system. (d) USE OF SPECIFIC MATERIALS AND PROD- UCTS.— (1) INDIGENOUS MATERIALS AND PRODUCTS.—In the construction of highways and roads au- thorized under this section, a State may give special preference to the use of materials and products indigenous to the Appalachian re- gion. (2) COAL DERIVATIVES.—For research and de- velopment in the use of coal and coal products in highway construction and maintenance, the Secretary may require each participating State, to the maximum extent possible, to use coal derivatives in the construction of not more than 10 percent of the roads authorized under this subtitle. (e) FEDERAL SHARE.—Federal assistance to any construction project under this section shall not be more than 80 percent of the cost of the project. (f) CONSTRUCTION WITHOUT FEDERAL AMOUNTS.— (1) PAYMENT OF FEDERAL SHARE.—When a participating State constructs a segment of a development highway without the aid of fed- eral amounts and the construction is in ac- cordance with all procedures and requirements applicable to the construction of segments of Appalachian development highways with those amounts, except for procedures and require- ments that limit a State to the construction of projects for which federal amounts have previously been appropriated, the Secretary, on application by the State and with the ap- proval of the Commission, may pay to the State the federal share, which shall not be more than 80 percent of the cost of the con- struction of the segment, from any amounts appropriated and allocated to the State to carry out this section. (2) NO COMMITMENT OR OBLIGATION.—This subsection does not commit or obligate the Federal Government to provide amounts for segments of development highways con- structed under this subsection. (g) APPLICATION OF TITLE 23.— (1) SECTIONS 106(a) AND 118.—Sections 106(a) and 118 of title 23 apply to the development highway system and the local access roads. (2) CONSTRUCTION AND MAINTENANCE.—States are required to maintain each development highway and local access road as provided for Federal-aid highways in title 23. All other pro- visions of title 23 that are applicable to the construction and maintenance of Federal-aid primary and secondary highways and which the Secretary decides are not inconsistent with this subtitle shall apply to the system and roads, respectively. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1265; Pub. L. 108–199, div. F, title I, § 123(a), Jan. 23, 2004, 118 Stat. 296.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 14501(a) ...... 40 App.:201(a) (1st, 3d, last sen- tences). Pub. L. 89–4, title II, § 201, Mar. 9, 1965, 79 Stat. 10; Pub. L. 89–670, § 8(b), Oct. 15, 1966, 80 Stat. 942; Pub. L. 90–103, title I, § 106, Oct. 11, 1967, 81 Stat. 258; Pub. L. 91–123, title I, § 103, Nov. 25, 1969, 83 Stat. 214; Pub. L. 92–65, title II, § 204, Aug. 5, 1971, 85 Stat. 168; Pub. L. 94–188, title I, § 110, Dec. 31, 1975, 89 Stat. 1081; Pub. L. 95–599, title I, § 138(a), (b), Nov. 6, 1978, 92 Stat. 2710; Pub. L. 96–506, § 3(3), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 97–35, title XVIII, § 1822(a)(2), Aug. 13, 1981, 95 Stat. 767; Pub. L. 105–178, title I, § 1117(c), title II, § 1212(a)(2)(B)(iii), June 9, 1998, 112 Stat. 160, 193. 14501(b) ...... 40 App.:201(b). 14501(c) ...... 40 App.:201(c) (1st sentence, last sen- tence words be- fore ‘‘and each’’). 14501(d)(1) .. 40 App.:201(d). 14501(d)(2) .. 40 App.:201(e). 14501(e) ...... 40 App.:201(f), (g). 14501(f) ....... 40 App.:201(h). 14501(g)(1) .. 40 App.:201(a) (2d sentence words before 6th comma). 14501(g)(2) .. 40 App.:201(a) (2d sentence words after 6th comma), (c) (last sentence words after ‘‘to such system’’). In subsection (c), the text of 40 App.:201(c) (1st sen- tence) is omitted as obsolete because appropriations were not authorized under 40 App.:201(g) after fiscal year 1982. In subsection (e), the text of 40 App.:201(g) is omitted as obsolete. Editorial Notes AMENDMENTS 2004—Subsec. (a). Pub. L. 108–199, which directed sub- stitution of ‘‘three thousand and ninety’’ for ‘‘three thousand and twenty-five’’ in third sentence, was exe- cuted by substituting ‘‘three thousand and ninety’’ for ‘‘3,025’’ in second sentence of subsec. (a) to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM Pub. L. 112–141, div. A, title I, § 1528, July 6, 2012, 126 Stat. 582, as amended by Pub. L. 114–94, div. A, title I, § 1435, Dec. 4, 2015, 129 Stat. 1430, provided that: ‘‘(a) SENSE OF THE SENATE.—It is the Sense of the Senate that the timely completion of the Appalachian development highway system is a transportation pri- ority in the national interest. ‘‘(b) MODIFIED FEDERAL SHARE FOR PROJECTS ON ADHS.—For fiscal years 2012 through 2050, the Federal share payable for the cost of constructing highways and access roads on the Appalachian development high- way system under section 14501 of title 40, United Page 253 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 14502 States Code, with funds made available to a State for fiscal year 2012 or a previous fiscal year for the Appa- lachian development highway system program, or with funds made available for fiscal year 2012 or a previous fiscal year for a specific project, route, or corridor on that system, shall be up to 100 percent, as determined by the State. ‘‘(c) FEDERAL SHARE FOR OTHER FUNDS USED ON ADHS.—For fiscal years 2012 through 2050, the Federal share payable for the cost of constructing highways and access roads on the Appalachian development high- way system under section 14501 of title 40, United States Code, with Federal funds apportioned to a State for a program other than the Appalachian development highway system program shall be up to 100 percent, as determined by the State. ‘‘(d) COMPLETION PLAN.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), not later than 1 year after the date of enactment of the MAP–21 [deemed to be Oct. 1, 2012], each State rep- resented on the Appalachian Regional Commission shall establish a plan for the completion of the des- ignated corridors of the Appalachian development highway system within the State, including annual performance targets, with a target completion date. ‘‘(2) SIGNIFICANT UNCOMPLETED MILES.—If the per- centage of remaining Appalachian development high- way system needs for a State, according to the latest cost to complete estimate for the Appalachian devel- opment highway system, is greater than 15 percent of the total cost to complete estimate for the entire Ap- palachian development highway system, the State shall not establish a plan under paragraph (1) that would result in a reduction of obligated funds for the Appalachian development highway system within the State for any subsequent fiscal year.’’ § 14502. Demonstration health projects (a) PURPOSE.—To demonstrate the value of adequate health facilities and services to the economic development of the Appalachian re- gion, the Secretary of Health and Human Serv- ices may make grants for the planning, con- struction, 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 Com- mission 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 plan- ning shall not be more than 75 percent of ex- penses. (3) SOURCES OF ASSISTANCE.—The federal con- tribution 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 in- crease the federal share to the maximum per- centage cost of a grant authorized by this sub- section. (c) CONSTRUCTION AND EQUIPMENT GRANTS.— (1) ADDITIONAL USES FOR CONSTRUCTION GRANTS.—Grants under this section for con- struction may also be used for— (A) the acquisition of privately owned fa- cilities— (i) not operated for profit; or (ii) previously operated for profit if the Commission finds that health services would not otherwise be provided in the area served by the facility if the acquisi- tion is not made; and (B) initial equipment. (2) STANDARDS FOR MAKING GRANTS.—Grants under this section for construction shall be made in accordance with section 14523 of this title and shall not be incompatible with the applicable provisions of title VI of the Public Health Service Act (42 U.S.C. 291 et seq.), the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.), and other laws authorizing grants for the con- struction of health-related facilities, without regard to any provisions in those laws relating to appropriation authorization ceilings or to allotments among the States. (3) LIMITATION ON AVAILABLE AMOUNTS.—A grant for the construction or equipment of any component of a demonstration health project shall not be more than 80 percent of the cost. (4) SOURCES OF ASSISTANCE.—The federal con- tribution may be provided entirely from amounts authorized under this section or in combination with amounts provided under other federal grant programs for the construc- tion or equipment of health-related facilities. (5) FEDERAL SHARE.—Notwithstanding any provision of law limiting the federal share in those other programs, amounts authorized under this section may be used to increase fed- eral grants for component facilities of a dem- onstration health project to a maximum of 80 percent of the cost of the facilities. (d) OPERATION GRANTS.— (1) STANDARDS FOR MAKING GRANTS.—A grant for the operation of a demonstration health project shall not be made— (A) unless the facility is publicly owned, or owned by a public or private nonprofit orga- nization, and is not operated for profit; (B) after five years following the com- mencement of the initial grant for operation of the project, except that child development demonstrations assisted under this section during fiscal year 1979 may be approved under section 14322 of this title for continued support beyond that period, on request of the State, if the Commission finds that no federal, state, or local amounts are available to continue the project; and (C) unless the Secretary of Health and Human Services is satisfied that the oper- ation of the project will be conducted under efficient management practices designed to obviate operating deficits. (2) LIMITATION ON AVAILABLE AMOUNTS.— Grants under this section for the operation (including initial operating amounts and oper- ating deficits, which include the cost of at- tracting, training, and retaining qualified per-