40 U.S.C. § 14102 — Definitions

Page 242 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 14102 fied industry and that the region will then be able to support itself through the workings of a strengthened free enterprise economy. (b) 1975 FINDINGS AND PURPOSE.— (1) FINDINGS.—Congress further finds and de- clares that while substantial progress has been made toward achieving the purposes set out in subsection (a), especially with respect to the provision of essential public facilities, much remains to be accomplished, especially with respect to the provision of essential health, education, and other public services. Congress recognizes that changes and evolving national purposes in the decade since 1965 affect not only the Appalachian region but also its rela- tionship to a nation that on December 31, 1975, is assigning higher priority to conservation and the quality of life, values long cherished within the region. Appalachia as of December 31, 1975, has the opportunity, in accommo- dating future growth and development, to demonstrate local leadership and coordinated planning so that housing, public services, transportation and other community facilities will be provided in a way congenial to the tra- ditions and beauty of the region and compat- ible with conservation values and an enhanced quality of life for the people of the region, and consistent with that goal, the Appalachian re- gion should be able to take advantage of eco- industrial development, which promotes both employment and economic growth and the preservation of natural resources. Congress recognizes also that fundamental changes are occurring in national energy requirements and production, which not only risk short-term dislocations but will undoubtedly result in major long-term effects in the region. It is es- sential that the opportunities for expanded en- ergy production be used so as to maximize the social and economic benefits and minimize the social and environmental costs to the region and its people. (2) PURPOSE.—It is also the purpose of this subtitle to provide a framework for coordi- nating federal, state and local efforts toward— (A) anticipating the effects of alternative energy policies and practices; (B) planning for accompanying growth and change so as to maximize the social and eco- nomic benefits and minimize the social and environmental costs; and (C) implementing programs and projects carried out in the region by federal, state, and local governmental agencies so as to better meet the special problems generated in the region by the Nation’s energy needs and policies, including problems of transpor- tation, housing, community facilities, and human services. (c) 1998 FINDINGS AND PURPOSE.— (1) FINDINGS.—Congress further finds and de- clares that while substantial progress has been made in fulfilling many of the objectives of this subtitle, rapidly changing national and global economies over the decade ending No- vember 13, 1998, have created new problems and challenges for rural areas throughout the United States and especially for the Appa- lachian region. (2) PURPOSE.—In addition to the purposes stated in subsections (a) and (b), it is the pur- pose of this subtitle— (A) to assist the Appalachian region in— (i) providing the infrastructure nec- essary for economic and human resource development; (ii) developing the region’s industry; (iii) building entrepreneurial commu- nities; (iv) generating a diversified regional economy; and (v) making the region’s industrial and commercial resources more competitive in national and world markets; (B) to provide a framework for coordi- nating federal, state, and local initiatives to respond to the economic competitiveness challenges in the Appalachian region through— (i) improving the skills of the region’s workforce; (ii) adapting and applying new tech- nologies for the region’s businesses, in- cluding eco-industrial development tech- nologies; and (iii) improving the access of the region’s businesses to the technical and financial resources necessary to development of the businesses; and (C) to address the needs of severely and persistently distressed areas of the Appa- lachian region and focus special attention on the areas of greatest need so as to provide a fairer opportunity for the people of the re- gion to share the quality of life generally en- joyed by citizens across the United States. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1252.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 14101(a) ...... 40 App.:2(a). Pub. L. 89–4, § 2(a), Mar. 9, 1965, 79 Stat. 5; Pub. L. 94–188, title I, § 102, Dec. 31, 1975, 89 Stat. 1079. 14101(b) ...... 40 App.:2(b). Pub. L. 89–4, § 2(b), as added Pub. L. 94–188, title I, § 102, Dec. 31, 1975, 89 Stat. 1079; Pub. L. 107–149, § 2(b)(1), Mar. 12, 2002, 116 Stat. 66. 14101(c) ...... 40 App.:2(c). Pub. L. 89–4, § 2(c), as added Pub. L. 105–393, title II, § 202, Nov. 13, 1998, 112 Stat. 3618; Pub. L. 107–149, § 2(b)(2), Mar. 12, 2002, 116 Stat. 66. In subsection (b)(1), the words ‘‘December 31, 1975’’ are substituted for ‘‘now’’ for clarity. In subsection (c)(1), the words ‘‘decade ending Novem- ber 13, 1998’’ are substituted for ‘‘past decade’’ for clar- ity. § 14102. Definitions (a) DEFINITIONS.—In this subtitle— (1) APPALACHIAN REGION.—The term ‘‘Appa- lachian region’’ means that area of the eastern United States consisting of the following counties (including any political subdivision located within the area): (A) In Alabama, the counties of Bibb, Blount, Calhoun, Chambers, Cherokee, Chilton, Clay, Cleburne, Colbert, Coosa, Cullman, De Kalb, Elmore, Etowah, Fayette, Page 243 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 14102 Franklin, Hale, Jackson, Jefferson, Lamar, Lauderdale, Lawrence, Limestone, Macon, Madison, Marion, Marshall, Morgan, Pick- ens, Randolph, St. Clair, Shelby, Talladega, Tallapoosa, Tuscaloosa, Walker, and Win- ston. (B) In Georgia, the counties of Banks, Bar- row, Bartow, Carroll, Catoosa, Chattooga, Cherokee, Dade, Dawson, Douglas, Elbert, Fannin, Floyd, Forsyth, Franklin, Gilmer, Gordon, Gwinnett, Habersham, Hall, Haralson, Hart, Heard, Jackson, Lumpkin, Madison, Murray, Paulding, Pickens, Polk, Rabun, Stephens, Towns, Union, Walker, White, and Whitfield. (C) In Kentucky, the counties of Adair, Bath, Bell, Boyd, Breathitt, Carter, Casey, Clark, Clay, Clinton, Cumberland, Edmonson, Elliott, Estill, Fleming, Floyd, Garrard, Green, Greenup, Harlan, Hart, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lin- coln, McCreary, Madison, Magoffin, Martin, Menifee, Metcalfe, Monroe, Montgomery, Morgan, Nicholas, Owsley, Perry, Pike, Pow- ell, Pulaski, Robertson, Rockcastle, Rowan, Russell, Wayne, Whitley, and Wolfe. (D) In Maryland, the counties of Allegany, Garrett, and Washington. (E) In Mississippi, the counties of Alcorn, Benton, Calhoun, Chickasaw, Choctaw, Clay, Itawamba, Kemper, Lee, Lowndes, Marshall, Monroe, Montgomery, Noxubee, Oktibbeha, Panola, Pontotoc, Prentiss, Tippah, Tishomingo, Union, Webster, Winston, and Yalobusha. (F) In New York, the counties of Allegany, Broome, Cattaraugus, Chautauqua, Chemung, Chenango, Cortland, Delaware, Otsego, Schoharie, Schuyler, Steuben, Tioga, and Tompkins. (G) In North Carolina, the counties of Al- exander, Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Catawba, Cherokee, Clay, Cleveland, Davie, Forsyth, Graham, Hay- wood, Henderson, Jackson, McDowell, Macon, Madison, Mitchell, Polk, Rutherford, Stokes, Surry, Swain, Transylvania, Watauga, Wilkes, Yadkin, and Yancey. (H) In Ohio, the counties of Adams, Ash- tabula, Athens, Belmont, Brown, Carroll, Clermont, Columbiana, Coshocton, Gallia, Guernsey, Harrison, Highland, Hocking, Holmes, Jackson, Jefferson, Lawrence, Mahoning, Meigs, Monroe, Morgan, Muskingum, Noble, Perry, Pike, Ross, Scioto, Trumbull, Tuscarawas, Vinton, and Washington. (I) In Pennsylvania, the counties of Alle- gheny, Armstrong, Beaver, Bedford, Blair, Bradford, Butler, Cambria, Cameron, Car- bon, Centre, Clarion, Clearfield, Clinton, Co- lumbia, Crawford, Elk, Erie, Fayette, For- est, Fulton, Greene, Huntingdon, Indiana, Jefferson, Juniata, Lackawanna, Lawrence, Luzerne, Lycoming, McKean, Mercer, Miff- lin, Monroe, Montour, Northumberland, Perry, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Venango, Warren, Washington, Wayne, Westmoreland, and Wyoming. (J) In South Carolina, the counties of An- derson, Cherokee, Greenville, Oconee, Pick- ens, Spartanburg, and Union. (K) In Tennessee, the counties of Ander- son, Bledsoe, Blount, Bradley, Campbell, Cannon, Carter, Claiborne, Clay, Cocke, Cof- fee, Cumberland, De Kalb, Fentress, Frank- lin, Grainger, Greene, Grundy, Hamblen, Hamilton, Hancock, Hawkins, Jackson, Jef- ferson, Johnson, Knox, Lawrence, Lewis, Loudon, McMinn, Macon, Marion, Meigs, Monroe, Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott, Sequatchie, Sevier, Smith, Sullivan, Unicoi, Union, Van Buren, Warren, Washington, and White. (L) In Virginia, the counties of Alleghany, Bath, Bland, Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd, Giles, Grayson, Henry, Highland, Lee, Montgomery, Patrick, Pulaski, Rockbridge, Russell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe. (M) All the counties of West Virginia, of which the counties of Brooke, Hancock, Marshall, and Ohio shall be considered to be located in the North Central subregion. (2) LOCAL DEVELOPMENT DISTRICT.—The term ‘‘local development district’’ means any of the following entities for which the Governor of the State in which the entity is located, or the appropriate state officer, certifies to the Appa- lachian Regional Commission that the entity has a charter or authority that includes the economic development of counties or parts of counties or other political subdivisions within the region: (A) a nonprofit incorporated body orga- nized or chartered under the law of the State in which it is located. (B) a nonprofit agency or instrumentality of a state or local government. (C) a nonprofit agency or instrumentality created through an interstate compact. (D) a nonprofit association or combination of bodies, agencies, and instrumentalities described in this paragraph. (b) CHANGE IN DEFINITION.—The Commission may not propose or consider a recommendation for any change in the definition of the Appa- lachian region as set forth in this section with- out a prior resolution by the Committee on En- vironment and Public Works of the Senate or the Committee on Transportation and Infra- structure of the House of Representatives that directs a study of the change. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1254; Pub. L. 110–371, § 7, Oct. 8, 2008, 122 Stat. 4042; Pub. L. 117–58, div. A, title I, § 11506(a), Nov. 15, 2021, 135 Stat. 584.) Page 244 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 14301 1 So in original. HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 14102(a)(1) .. 40 App.:403 (less last 2 pars.). Pub. L. 89–4, title IV, § 403, Mar. 9, 1965, 79 Stat. 21; Pub. L. 90–103, title I, § 123, Oct. 11, 1967, 81 Stat. 266; Pub. L. 91–123, title I, § 110, Nov. 25, 1969, 83 Stat. 215; Pub. L. 101–434, Oct. 17, 1990, 104 Stat. 985; Pub. L. 102–240, title I, § 1087, Dec. 18, 1991, 105 Stat. 2022; Pub. L. 103–437, § 14(e), Nov. 2, 1994, 108 Stat. 4591; Pub. L. 105–178, title I, § 1222(a), June 9, 1998, 112 Stat. 223; Pub. L. 107–149, §§ 11, 13(j), Mar. 12, 2002, 116 Stat. 70, 73. 14102(a)(2) .. 40 App.:301. Pub. L. 89–4, title III, § 301, Mar. 9, 1965, 79 Stat. 19. 14102(b) ...... 40 App.:403 (last 2 pars.). In subsection (a)(2), the words ‘‘the appropriate state official’’ are substituted for ‘‘the State officer des- ignated by the appropriate State law to make such cer- tification’’ to eliminate unnecessary words. The words ‘‘No entity shall be certified as a local development dis- trict for the purposes of this Act unless it is one of the following’’ are omitted as unnecessary. In subsection (b), the text of 40 App.:403 (last par.) is omitted as obsolete. Editorial Notes AMENDMENTS 2021—Subsec. (a)(1)(G). Pub. L. 117–58, § 11506(a)(1), in- serted ‘‘Catawba,’’ after ‘‘Caldwell,’’ and ‘‘Cleveland,’’ after ‘‘Clay,’’. Subsec. (a)(1)(J). Pub. L. 117–58, § 11506(a)(2), sub- stituted ‘‘Spartanburg, and Union’’ for ‘‘and Spartanburg’’. Subsec. (a)(1)(M). Pub. L. 117–58, § 11506(a)(3), inserted ‘‘, of which the counties of Brooke, Hancock, Marshall, and Ohio shall be considered to be located in the North Central subregion’’ after ‘‘West Virginia’’. 2008—Subsec. (a)(1)(C). Pub. L. 110–371, § 7(a), inserted ‘‘Metcalfe,’’ after ‘‘Menifee,’’, ‘‘Nicholas,’’ after ‘‘Mor- gan,’’, and ‘‘Robertson,’’ after ‘‘Pulaski,’’. Subsec. (a)(1)(H). Pub. L. 110–371, § 7(b), inserted ‘‘Ash- tabula,’’ after ‘‘Adams,’’, ‘‘Mahoning,’’ after ‘‘Law- rence,’’, and ‘‘Trumbull,’’ after ‘‘Scioto,’’. Subsec. (a)(1)(K). Pub. L. 110–371, § 7(c), inserted ‘‘Lawrence, Lewis,’’ after ‘‘Knox,’’. Subsec. (a)(1)(L). Pub. L. 110–371, § 7(d), inserted ‘‘Henry,’’ after ‘‘Grayson,’’ and ‘‘Patrick,’’ after ‘‘Mont- gomery,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of Title 23, Highways. CHAPTER 143—APPALACHIAN REGIONAL COMMISSION SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION Sec. 14301. Establishment, membership, and employees. 14302. Decisions. 14303. Functions. 14304. Recommendations. 14305. Liaison between Federal Government and Commission. 14306. Administrative powers and expenses. 14307. Meetings. 14308. Information. Sec. 14309. Personal financial interests. 14310. Annual report. SUBCHAPTER II—FINANCIAL ASSISTANCE 14321. Grants and other assistance. 14322. Approval of development plans, strategy statements, and projects. 14323. Congressional notification. Editorial Notes AMENDMENTS Pub. L. 117–58, div. A, title I, § 11506(c)(2), Nov. 15, 2021, 135 Stat. 584, which directed amendment of the analysis for subchapter II of this chapter by adding item 14323 at the end, was executed by adding item 14323 to the anal- ysis for this chapter to reflect the probable intent of Congress. SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION § 14301. Establishment, membership, and employ- ees (a) ESTABLISHMENT.—There is an Appalachian Regional Commission. (b) MEMBERSHIP.— (1) FEDERAL AND STATE MEMBERS.—The Com- mission is composed of the Federal Cochair- man, appointed by the President by and with the advice and consent of the Senate, and the Governor of each participating State in the Appalachian region. (2) ALTERNATE MEMBERS.—Each state mem- ber may have a single alternate, appointed by the Governor from among the members of the Governor’s cabinet or the Governor’s personal staff. The President,,1 shall appoint an alter- nate for the Federal Cochairman. An alternate shall vote in the event of the absence, death, disability, removal, or resignation of the member for whom the individual is an alter- nate. A state alternate shall not be counted toward the establishment of a quorum of the Commission when a quorum of the state mem- bers is required. (3) COCHAIRMEN.—The Federal Cochairman is one of the two Cochairmen of the Commission. The state members shall elect a Cochairman of the Commission from among themselves for a term of not less than one year. (c) COMPENSATION.—The Federal Cochairman shall be compensated by the Federal Govern- ment at level III of the Executive Schedule as set out in section 5314 of title 5. The Federal Co- chairman’s alternate shall be compensated by the Government at level V of the Executive Schedule as set out in section 5316 of title 5. Each state member and alternate shall be com- pensated by the State which they represent at the rate established by law of that State. (d) DELEGATION.— (1) POWERS AND RESPONSIBILITIES.—Commis- sion powers and responsibilities specified in section 14302(c) and (d) of this title, and the vote of any Commission member, may not be delegated to an individual who is not a Com- mission member or who is not entitled to vote in Commission meetings.