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

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 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amend- ment note under section 101 of Title 23, Highways. SUBCHAPTER II—ADMINISTRATIVE § 14521. Required level of expenditure A State or political subdivision of a State is not eligible to receive benefits under this sub- title unless the aggregate expenditure of state amounts, except expenditures for participation in the Dwight D. Eisenhower System of Inter- state and Defense Highways and local and fed- eral amounts, for the benefit of the area within the State located in the Appalachian region is maintained at a level which does not fall below the average level of those expenditures for the State’s last two full fiscal years prior to March 9, 1965. In computing the level, a State’s past ex- penditure for participation in the Dwight D. Ei- senhower System of Interstate and Defense Highways and expenditures of local and federal amounts shall not be included. The Commission shall recommend to the President a lesser re- quirement when it finds that a substantial popu- lation decrease in that part of a State which lies within the region would not justify a state ex- penditure equal to the average level of the last two years or when it finds that a State’s average level of expenditure in an individual program has been disproportionate to the present need for that part of the State. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1274.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 14521 .......... 40 App.:221. Pub. L. 89–4, title II, § 221, Mar. 9, 1965, 79 Stat. 18; Pub. L. 90–103, title I, § 117, Oct. 11, 1967, 81 Stat. 263; Pub. L. 101–427, Oct. 15, 1990, 104 Stat. 927. The words ‘‘or such Federal officer or officers as the President may designate’’ are omitted because of 3:301. § 14522. Consent of States This subtitle does not require a State to en- gage in or accept a program under this subtitle without its consent. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1274.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 14522 .......... 40 App.:222. Pub. L. 89–4, title II, § 222, Mar. 9, 1965, 79 Stat. 18. § 14523. Program implementation (a) REQUIREMENTS.—A program or project au- thorized under this chapter shall not be imple- mented until— (1) the responsible federal official has de- cided 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 and the require- ments of the development planning process under section 14525 of this title; 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. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1274.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 14523 .......... 40 App.:223. Pub. L. 89–4, title II, § 223, Mar. 9, 1965, 79 Stat. 18; Pub. L. 90–103, title I, § 118, Oct. 11, 1967, 81 Stat. 264; Pub. L. 94–188, title I, § 116, Dec. 31, 1975, 89 Stat. 1083. § 14524. Program development criteria (a) FACTORS TO BE CONSIDERED.—In consid- ering programs and projects to be given assist- 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,