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

Page 250 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 14322 1 So in original. Probably should be preceded by ‘‘to’’. of the amount appropriated under section 14703 of this title for the fiscal year, except that a discretionary grant to respond to economic distress directly related to the impacts of the Coronavirus Disease 2019 (COVID–19) shall not be included in such aggregate amount. (3) SOURCES OF GRANTS.—Grant amounts may be provided entirely from appropriations to carry out this section, in combination with amounts available under other federal or fed- eral grant programs, or from any other source. (4) FEDERAL SHARE.—Notwithstanding any law limiting the federal share in any other federal or federal grant program, amounts ap- propriated to carry out this section may be used to increase that federal share, as the Commission decides is appropriate. (b) ASSISTANCE FOR DEMONSTRATIONS OF EN- TERPRISE DEVELOPMENT.— (1) IN GENERAL.—The Commission may pro- vide assistance under this section for dem- onstrations of enterprise development, includ- ing site acquisition or development where nec- essary for the feasibility of the project, in con- nection with the development of the region’s energy resources and the development and stimulation of indigenous arts and crafts of the region. (2) COOPERATION BY FEDERAL AGENCIES.—In carrying out the purposes of this subtitle and in implementing this section, the Secretary of Energy, the Environmental Protection Agen- cy, and other federal agencies shall cooperate with the Commission and shall provide assist- ance that the Federal Cochairman may re- quest. (3) AVAILABLE AMOUNTS.—In any fiscal year, not more than— (A) $3,000,000 shall be obligated for energy resource related demonstrations; and (B) $2,500,000 shall be obligated for indige- nous arts and crafts demonstrations. (c) RECORDS.— (1) COMMISSION.—The Commission, as re- quired by the President, shall maintain accu- rate and complete records of transactions and activities financed with federal amounts and report to the President on the transactions and activities. The records of the Commission with respect to grants are available for audit by the President and the Comptroller General. (2) RECIPIENTS OF FEDERAL ASSISTANCE.—Re- cipients of federal assistance under this sec- tion, as required by the Commission, shall maintain accurate and complete records of transactions and activities financed with fed- eral amounts and report to the Commission on the transactions and activities. The records are be 1 available for audit by the President, the Comptroller General, and the Commission. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1262; Pub. L. 110–371, § 2(a), Oct. 8, 2008, 122 Stat. 4037; Pub. L. 116–136, div. B, title IV, § 14004, Mar. 27, 2020, 134 Stat. 526.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 14321(a)(1) .. 40 App.:302(a)(1)(A)– (C) (1st sentence). Pub. L. 89–4, title III, § 302, Mar. 9, 1965, 79 Stat. 19; Pub. L. 90–103, title I, § 120, Oct. 11, 1967, 81 Stat. 264; Pub. L. 91–123, title I, § 108, Nov. 25, 1969, 83 Stat. 215; Pub. L. 92–65, title II, § 211, Aug. 5, 1971, 85 Stat. 172; Pub. L. 94–188, title I, § 119, Dec. 31, 1975, 89 Stat. 1085; Pub. L. 105–393, title II, §§ 218(d), 220(a)–(c)(1), Nov. 13, 1998, 112 Stat. 3623, 3624; Pub. L. 107–149, §§ 9, 13(c), Mar. 12, 2002, 116 Stat. 70, 71. 14321(a)(2) .. 40 App.:302(a)(2). 14321(a)(3) .. 40 App.:302(a)(1)(C) (2d sentence). 14321(a)(4) .. 40 App.:302(a)(1)(C) (last sentence). 14321(b) ...... 40 App.:302(b). 14321(c) ...... 40 App.:302(c). In subsection (a)(2)(A), the words ‘‘after September 30, 1998’’ are omitted as obsolete. In subsection (b)(2), the words ‘‘including section 2(b)’’ are omitted as unnecessary. In subsection (c)(1), the words ‘‘or their duly author- ized representatives’’ are omitted because of 3:301 and 31:711(2). In subsection (c)(2), the words ‘‘or their duly author- ized representatives’’ are omitted because of 3:301 and 31:711(2) and because of the inferred authority of the Commission to delegate in the absence of a prohibition. See section 14301(d) of the revised title. Editorial Notes REFERENCES IN TEXT The Public Works and Economic Development Act of 1965, referred to in subsec. (a)(1)(B), is Pub. L. 89–136, Aug. 26, 1965, 79 Stat. 552, which is classified generally 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. AMENDMENTS 2020—Subsec. (a)(2)(B)(ii). Pub. L. 116–136 inserted be- fore period at end ‘‘, except that a discretionary grant to respond to economic distress directly related to the impacts of the Coronavirus Disease 2019 (COVID–19) shall not be included in such aggregate amount’’. 2008—Subsec. (a)(1)(A)(i). Pub. L. 110–371, § 2(a)(1), added cl. (i) and struck out former cl. (i) which read as follows: ‘‘the amount of a grant shall not exceed 50 per- cent of administrative expenses or, at the discretion of the Commission, 75 percent of administrative expenses if the grant is to a local development district that has a charter or authority that includes the economic de- velopment of a county or part of a county for which a distressed county designation is in effect under section 14526 of this title;’’. Subsec. (a)(2)(A). Pub. L. 110–371, § 2(a)(2), added sub- par. (A) and struck out heading and text of former sub- par. (A). Text read as follows: ‘‘Except as provided in subparagraph (B), not more than 50 percent (or 80 per- cent in the case of a project to be carried out in a coun- ty for which a distressed county designation is in effect under section 14526 of this title) of the cost of any ac- tivity eligible for financial assistance under this sec- tion may be provided from amounts appropriated to carry out this subtitle.’’ § 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 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;