40 U.S.C. § 14321 — Grants and other assistance

Page 249 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 14321 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 14309(a)(1) .. 40 App.:108(a) (1st sentence). Pub. L. 89–4, title I, § 108, Mar. 9, 1965, 79 Stat. 9. 14309(a)(2) .. 40 App.:108(b). 14309(a)(3) .. 40 App.:108(a) (last sentence). 14309(b) ...... 40 App.:108(c). 14309(c) ...... 40 App.:108(d). 14309(d) ...... 40 App.:108(e). In subsection (a), the words ‘‘proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other’’ are omitted as unneces- sary. In subsection (a)(1), before clause (A), the words ‘‘in any way’’ are substituted for ‘‘through decision, ap- proval, disapproval, recommendation, the rendering of advice, investigation, or otherwise’’ to eliminate un- necessary words. In subsection (a)(3), the words ‘‘fined under title 18’’ are substituted for ‘‘fined not more than $10,000’’ for consistency with chapter 227 of title 18. In subsection (b)(3), the words ‘‘fined under title 18’’ are substituted for ‘‘fined not more than $5,000’’ for consistency with chapter 227 of title 18. In subsection (c), the words ‘‘Notwithstanding any other subsection of this section’’ are omitted as unnec- essary. The words ‘‘this section’’ are substituted for ‘‘any such subsection’’ to correct an apparent error in the source provision. In subsection (d), the words ‘‘in its discretion’’ are omitted as unnecessary. § 14310. Annual report Not later than six months after the close of each fiscal year, the Appalachian Regional Com- mission shall prepare and submit to the Gov- ernor of each State in the Appalachian region and to the President, for transmittal to Con- gress, a report on the activities carried out under this subtitle during the fiscal year. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1262.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 14310 .......... 40 App.:304. Pub. L. 89–4, title III, § 304, Mar. 9, 1965, 79 Stat. 20. SUBCHAPTER II—FINANCIAL ASSISTANCE § 14321. Grants and other assistance (a) AUTHORIZATION TO MAKE GRANTS.— (1) IN GENERAL.—The Appalachian Regional Commission may make grants— (A) for administrative expenses, including the development of areawide plans or action programs and technical assistance activi- ties, of local development districts, but— (i) the amount of the grant shall not ex- ceed— (I) 50 percent of administrative ex- penses; (II) at the discretion of the Commis- sion, if the grant is to a local develop- ment district that has a charter or au- thority that includes the economic de- velopment of a county or a part of a county for which a distressed county designation is in effect under section 14526, 75 percent of administrative ex- penses; or (III) at the discretion of the Commis- sion, if the grant is to a local develop- ment district that has a charter or au- thority that includes the economic de- velopment of a county or a part of a county for which an at-risk county des- ignation is in effect under section 14526, 70 percent of administrative expenses; (ii) grants for administrative expenses shall not be made for a state agency cer- tified as a local development district for a period of more than three years beginning on the date the initial grant is made for the development district; and (iii) the local development district con- tributions for administrative expenses may be in cash or in kind, fairly evalu- ated, including space, equipment, and serv- ices; (B) for assistance to States for a period of not more than two years to strengthen the state development planning process for the Appalachian region and the coordination of state planning under this subtitle, the Pub- lic Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.), and other federal and state programs; and (C) for investigation, research, studies, evaluations, and assessments of needs, po- tentials, or attainments of the people of the region, technical assistance, training pro- grams, demonstrations, and the construction of necessary facilities incident to those ac- tivities, which will further the purposes of this subtitle. (2) LIMITATION ON AVAILABLE AMOUNTS.— (A) IN GENERAL.—Except as provided in subparagraph (B), of the cost of any activity eligible for financial assistance under this section, not more than— (i) 50 percent may be provided from amounts appropriated to carry out this subtitle; (ii) in the case of a project to be carried out in a county for which a distressed county designation is in effect under sec- tion 14526, 80 percent may be provided from amounts appropriated to carry out this subtitle; or (iii) in the case of a project to be carried out in a county for which an at-risk coun- ty designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this subtitle. (B) DISCRETIONARY GRANTS.— (i) GRANTS TO WHICH PERCENTAGE LIMITA- TION DOESN’T APPLY.—Discretionary grants made by the Commission to implement significant regional initiatives, to take ad- vantage of special development opportuni- ties, or to respond to emergency economic distress in the region may be made with- out regard to the percentage limitations specified in subparagraph (A). (ii) LIMITATION ON AGGREGATE AMOUNT.— For each fiscal year, the aggregate amount of discretionary grants referred to in clause (i) shall not be more than 10 percent 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