[Senate Report 107-132]
[From the U.S. Government Publishing Office]
Calendar No. 303
107th Congress Report
SENATE
1st Session 107-132
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APPALACHIAN REGIONAL DEVELOPMENT ACT AMENDMENTS OF 2001
_______
December 20 (legislative day, December 18), 2001.--Ordered to be
printed
_______
Mr. Jeffords, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[to accompany S. 1206]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 1206), to reauthorize the Appalachian
Regional Development Act of 1965, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
Background
The Appalachian Regional Development Act of 1965 (ARDA)
established the Appalachian Regional Commission. The
Appalachian Regional Commission (ARC) is a regional economic
development agency representing a unique partnership of
Federal, State, and local government. ARC includes all or part
of 13 States: Alabama, Georgia, Kentucky, Mississippi, New
York, North Carolina, Ohio, Pennsylvania, South Carolina,
Tennessee, Virginia, and West Virginia. ARC's primary function
is to support development of Appalachia's economy and critical
infrastructure to provide a climate for growth in business and
industry that will create jobs. ARC administers a variety of
programs to aid in the development and advancement of the
region including a highway system, education and job training,
and water and sewer systems.
ARC administers economic development funds through a series
of grant programs. The agency generally allocates funds based
on the economic distress of a given locality devoting a
significant percentage of its resources to economically
distressed communities. Over the last 4 years, ARC has
dedicated over 30 percent of its non-highway funds to
distressed counties. In fiscal year 2000 almost half of the
non-highway funds went to distressed counties. But roughly 25
percent of ARC's 406 counties remained distressed. A need still
exists to help these areas of greatest distress to share in the
quality of life generally enjoyed by citizens throughout the
United States. ARC will continue to help meet this immediate
need.
Since its creation in 1965, ARC's funding and projects have
contributed significantly to improvements in the region. The
regional poverty rate has been cut in half. High school
graduation rates have doubled, and the percentage of
Appalachian students now completing high school is slightly
above the national average. The infant mortality rate has been
cut by two-thirds, and ARC funds have helped build more than
400 health facilities serving 4 million Appalachians. ARC
projects have provided more than 800,000 Appalachians with
access to clean water and sanitation facilities.
Even with these tremendous gains, there is still a need for
the ARC. The economic prosperity of the 1990's did not reach
all of Appalachia. High poverty and unemployment still prevail
in many regions of Appalachia. During the 1990's, ARC continued
to provide economic assistance to the region through various
ARC programs. More recently, with the losses in the region's
coal industry, ARC has worked diligently to help the region
develop sustainable economically viable projects to replace
coal mining and other dying industries.
S. 1206, ``Appalachian Regional Development Act Amendments
of 2001,'' allows ARC to continue its economic development
activities and to provide additional tools to help improve the
quality of life in Appalachia. S. 1621 also establishes two
important initiatives telecommunications and technology and
entrepreneurship to help Appalachia keep pace in a dynamic 21st
Century economy. The 2001 amendments also create regional
skills partnerships to improve the job skills of workers in
Appalachia.
Section-by-Section Analysis
Section 1. Short Title
Appalachian Regional Development Act Amendments of 2001.
Section 2. Purposes
Summary
Section 2 sets out the purposes of the legislation.
Discussion
The purpose of this Act is to reauthorize the Appalachian
Regional Development Act of 1965 (ARDA) and to ensure that the
people and businesses of Appalachia have the necessary
knowledge, skills, and access to telecommunications and
technology services to compete in a knowledge-based economy.
The purpose of this Act is also to ensure that Appalachians
have viable entrepreneurial opportunities and the necessary job
skills to compete in the national economy.
The Act also inserts a provision to encourage the
Appalachian region to take advantage of eco-industrial
development. Eco-industrial development includes communities of
businesses cooperating with each other and the local community
to efficiently share resources (information, materials, water,
energy, infrastructure and natural habitat), leading to
economic gains, improved environmental quality, and equitable
enhancement of human resources for business and local
communities.
Section 3. Functions of the Commission
Section 3 expands the functions of the Commission to
include the promotion of eco-industrial development and to
coordinate the economic development activities of Federal
agencies in the region.
Section 4. Interagency Coordinating Council on Appalachia
Summary
Section 4 creates an Interagency Coordinating Council on
Appalachia.
Discussion
While ARC generally administers funds according to State
development plans, other Federal agencies may provide
assistance not accounted for in these plans. The committee
recognizes the need for coordination of Federal agencies
promoting economic development in Appalachia. Section 4
addresses this need for coordination by creating an Interagency
Coordinating Council on Appalachia. The Federal co-chairman,
serving as the chairperson of the Council, and representatives
of those Federal agencies administering economic development
programs in the region will compose the Council.
Section 5. Telecommunications and Technology Initiative
Summary
Section 5 amends the ARDA by inserting a new section 203
permitting ARC to establish a telecommunications and technology
initiative. The section also directs ARC to conduct a broadband
study.
Discussion
Section 5 allows ARC to provide technical assistance, to
make grants, to enter into contracts, and to otherwise provide
funds to persons or entities (excluding for-profit entities) in
the region to establish a telecommunications and technology
initiative. The initiative will increase affordable access to
advanced telecommunications, entrepreneurship, and management
technologies and will provide education and training in the use
of telecommunications and technology. The initiative would also
develop programs to increase the readiness of industry groups
and businesses in the region to engage in electronic commerce.
Industry groups may include, but are not limited to, chambers
of commerce and national, State, and local associations. ARC
may provide up to 50 percent (or 80 percent for projects in a
distressed county) of the costs of any activity eligible for a
grant under this initiative.
Additionally, this section directs ARC to conduct a study
to determine the availability of broadband telecommunications
service and internet access in Appalachia. ARC will complete
the study not later than 18 months after the enactment date of
this Act.
Section 6. Entrepreneurship Initiative
Summary
Section 6 amends the ARDA by inserting a new section 204 to
establish an entrepreneurship initiative.
Discussion
Section 6 amends the ARDA and establishes an
entrepreneurship initiative. The section provides for the
establishment of business incubators to provide professional
and technical assistance to startup businesses. ARC may provide
technical assistance, make grants, and enter into contracts for
a variety of entrepreneurial projects. Technical assistance may
include, but is not limited to, legal services and consultation
on strategic planning, marketing, or advertising.
ARC may provide up to 50 percent (or 80 percent for
projects in a distressed county) of the costs of any activity
eligible for a grant under this section.
Section 7. Regional Skills Partnerships
Summary
Section 7 amends the ARDA by inserting a new section 205
establishing regional skills partnerships.
Discussion
Entities eligible to enter into regional skills
partnerships under the new section 205 include those entities
established to serve one or more industries in a specified
geographic area and consist of representatives of businesses,
labor organizations, State and local governments, or
educational institutions. These partnerships will provide
training and assistance to members and non-members of the
organizations forming the partnerships.
Under these partnerships, ARC may provide technical
assistance, make grants, enter into contracts, or otherwise
provide funds to eligible entities in a given region for
projects to improve worker job skills for a specified industry.
The projects may include assessment of training and job skill
needs for an industry or development of curricula and training
methods.
This Act provides that an eligible entity may not spend
more than 10 percent of available funds to administer a
project. ARC may provide up to 50 percent (or 80 percent for
projects in a distressed county) of the costs of any activity
eligible for a grant under this section.
Section 8. Program Development Criteria
Summary
Section 8 amends the ARDA by requiring that at least 50
percent of all non-highway project grant funds go to distressed
counties and areas.
Discussion
The committee recognizes that ARC has made significant
efforts to help distressed counties. Since ARC's inception over
30 years ago, the number of distressed counties in the
Appalachian region has been cut in half. Still, today 118 of
ARC's 406 counties remain distressed. The committee also notes
that pockets of distress exist in transitional, competitive,
and attainment counties. These distressed counties and areas
require the special attention of the Commission. While the ARDA
requires ARC to address the needs of severely and persistently
distressed areas of the Appalachian region, it does not
specifically establish spending mandates for distressed
counties and areas. S. 1206 addresses this important issue.
To focus economic development funds to the most needy
counties and areas, this Act requires ARC to dedicate at least
50 percent of all non-highway funds to distressed counties and
areas. In meeting this requirement, the committee expects ARC
will include those funds spent not only in distressed counties,
but in distressed areas as well. This will require ARC to
develop a clear definition of distressed areas. The committee
expects ARC to establish a definition of distressed areas
within 60 days of the passage of this Act.
Section 9. Grants for Administrative Expenses of Local Development
Districts
Section 9 amends the ARDA by providing grants for
administrative expenses at 75 percent Federal share for local
development districts that include one or more distressed
counties. Local development districts not containing a
distressed county still remain eligible for administrative
grants with a 50 percent Federal cost share.
Section 10. Authorization of Appropriations
Summary
Section 10 authorizes the appropriation of funds under this
Act.
Discussion
This Act authorizes $88 million for fiscal year 2002
through 2004; $90 million for fiscal year 2005; and $92 million
for fiscal year 2006. Of the authorized amount, ARC may make
available $10 million in fiscal year 2002, $8 million for
fiscal year 2003, and $5 million for each of fiscal years 2004
through 2006 to facilitate the telecommunications and
technology initiative.
Section 11. Studies
Summary
Section 11 directs ARC to complete a study on the regional
characteristics of upper New York State and to conduct a study
of the impacts of the September 11th attack on the economy of
New York.
Discussion
Section 11 amends the completion date of a study in the
ARDA on the regional characteristics of upper New York State
from June 30, 1970 to September 30, 2002. The study will
examine whether economic conditions in upstate New York warrant
the addition of upstate counties to the Commission.
The second study will examine the immediate and long-term
economic impacts of the September 11th attack on New York City
and on other areas of New York State. The study will also
identify mechanisms and resources to prevent, reduce, and
ameliorate the impacts of the terrorist attack. This Act also
authorizes the appropriation of $300,000 for fiscal year 2002
for the study.
Section 12. Termination
Section 12 authorizes the Appalachian Regional Commission
for an additional 5 years until October 1, 2006.
Section 13. Technical and Conforming Amendments
Section 13 makes several technical and conforming
amendments.
Legislative History
Senator George Voinovich introduced S. 1206 on July 19,
2001. No hearings were held on the bill. The full committee
considered S. 1206 on September 25, 2001. At that meeting,
Senator Jeffords offered an amendment in the nature of a
substitute, which, upon adoption, was further amended by an
amendment offered by Senator Hillary Rodham Clinton. The
committee reported S. 1206, as amended, by voice vote.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 1206 on September 25, 2001, and reported S. 1206,
as amended, by voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee makes the following
evaluation of the regulatory impact of the reported bill.
The bill does not create any additional regulatory burdens,
nor will it cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 1206 would
impose no unfunded mandates on local, State, or tribal
governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 2, 2001.
Hon. James Jeffords, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has prepared
the enclosed cost estimate for S. 1206, the Appalachian
Regional Development Act Amendments of 2001.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts is Lanette J.
Walker, who can be reached at 226-2860.
Sincerely,
Dan L. Crippen
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S. 1206, Appalachian Regional Development Act Amendments of 2001, as
ordered reported by the Senate Committee on Environment and
Public Works on September 25, 2001
Summary
S. 1206 would authorize the appropriation of $446 million
for the Appalachian Regional Commission over the 2002-2006
period. The bill would establish an Interagency Coordinating
Council on Appalachia and create a program to provide enhanced
access to telecommunications and technology. The bill also
would authorize the Appalachian Regional Commission, together
with an academic institution located in New York State, to
conduct a study of the economic impacts of the terrorist
attacks on September 11, 2001.
CBO estimates that implementing S. 1206 would cost $236
million over the 2002-2006 period, assuming the appropriation
of the authorized amounts. Because this bill would not affect
direct spending or receipts, pay-as-you-go procedures would not
apply.
S. 1206 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
The bill would authorize new grants, some of which would be
available to State and local governments and would require
matching funds from those governments. Any costs associated
with receiving those grants would be voluntary.
Estimated Cost to the Federal Government
The estimated budgetary impact of S. 1206 is shown in the
following table. The costs of this legislation fall within
budget function 450 (community and regional development).
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2001 2002 2003 2004 2005 2006
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for the Appalachian Regional
Commission.....................................................
Budget Authority\1\......................................... 77 0 0 0 0 0
Estimated Outlays........................................... 118 92 66 36 18 7
Proposed Changes................................................
Authorization Level......................................... 0 88 88 88 90 92
Estimated Outlays........................................... 0 9 26 53 68 80
Spending Under S. 1206 for the Appalachian Regional Commission..
Authorization Level\1\...................................... 77 88 88 88 90 92
Estimated Outlays........................................... 118 101 92 89 86 87
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\1\ The 2001 level is the amount appropriated for that year for the Appalachian Regional Commission, a full-year
appropriation for this agency has not yet been enacted for fiscal year 2002.
Basis of Estimate
For this estimate we assume that the authorized amounts
will be provided each year and that spending will follow
historical patterns. CBO estimates that implementing S. 1206
would cost $236 million over the next 5 years.
S. 1206 would authorize the appropriation of $413 million
over the 2002-2006 period for the Appalachian Regional
Commission to provide grants to State and local governments to
support economic and social development within Appalachia. In
addition, the bill would create a program to provide enhanced
access to telecommunications and technology and authorize the
appropriation of $10 million in fiscal year 2002, $8 million in
fiscal year 2003, and $5 million in each of fiscal years 2004
through 2006 for this program.
S. 1206 also would authorize the Appalachian Regional
Commission, together with an academic institution located in
New York State, to conduct a study of the economic impacts of
the September 11 terrorist attacks. The study must be completed
within 1 year of enactment of the legislation. The bill would
authorize the appropriation of $300,000 in fiscal year 2002 to
cover the cost of the study.
Pay-As-You-Go Considerations: None.
Intergovernmental and Private-Sector Impact
S. 1206 contains no intergovernmental or private-sector
mandates as defined in UMRA. New authorizations of
appropriations totaling $446 million over the 2002-2006 period
would support a variety of grant programs to State and local
governments in the Appalachian region. Of the total amount, $33
million would be earmarked for technological and
telecommunications initiatives, and State and local governments
receiving those grants would be required to provide a match of
between 20 percent and 50 percent. The bill also would
authorize business incubator grants for developing and
sustaining new technological or legal businesses and regional
partnerships for promoting the development of job skills.
Grants in those programs would require similar matching
requirements. Any costs associated with receiving those grants
would be voluntary.
Previous CBO Estimate
On July 26, 2001, CBO transmitted a cost estimate for H.R.
2501, the Appalachian Regional Development Reauthorization Act
of 2001, as ordered reported by the House Committee on
Transportation and Infrastructure on July 18, 2001. CBO
estimates that implementing H.R. 2501 would cost $10 million
more than S. 1206 over the 2002-2006 period because of
differences in the authorizations of appropriations. In
addition, the Senate bill includes a provision for a study of
the economic impacts of the terrorist attacks on September 11,
2001.
Estimate Prepared By: Federal Costs: Lanette J. Walker ; Impact
on State, Local, and Tribal Governments: Leo Lex ; Impact on
the Private Sector: Cecil McPherson.
Estimate Approved By: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
----------
APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965
(40 U.S.C. Appendix)
AN ACT To provide public works and economic development programs and
the planning and coordination needed to assist in development of the
Appalachian region.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Appalachian Regional Development Act
of 1965''.
* * * * * * *
findings and statement of purpose
Sec. 2. (a) The Congress hereby finds and declares that the
Appalachian region of the United States, while abundant in
natural resources and rich in potential, lags behind the rest
of the Nation in its economic growth and that its people have
not shared properly in the Nation's prosperity. The region's
uneven past development, with its historical reliance on a few
basic industries and a marginal agriculture, has failed to
provide the economic base that is a vital prerequisite for
vigorous, self-sustaining growth. The State and local
governments and the people of the region understand their
problems and have been working and will continue to work
purposefully toward their solution. The Congress recognizes the
comprehensive report of the President's Appalachian Regional
Commission documenting these findings and concludes that
regionwide development is feasible, desirable, and urgently
needed. It is, therefore, the purpose of this Act to assist the
region in meeting its special problems, to promote its economic
development, and to establish a framework for joint Federal and
State efforts toward providing the basic facilities essential
to its growth and attacking its common problems and meeting its
common needs on a coordinated and concerted regional basis. The
public investments made in the region under this Act shall be
concentrated in areas where there is a significant potential
for future growth, and where the expected return on public
dollars invested will be the greatest. The States will be
responsible for recommending local and State projects, within
their borders, which will receive assistance under this Act. As
the region obtains the needed physical and transportation
facilities and develops its human resources, the Congress
expects that the region will generate a diversified industry,
and that the region will then be able to support itself,
through the workings of a strengthened free enterprise economy.
(b) The Congress further finds and declares that while
substantial progress has been made toward achieving the
foregoing purposes, 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. The Congress recognizes
that changes and evolving national purposes in the decade since
1965 affect not only the Appalachian region, but also its
relationship to a nation now assigning higher priority to
conservation and the quality of life, values long cherished
within the region. Appalachia now has the opportunity, in
accommodating 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 traditions and
beauty of the region and compatible with conservation values
and an enhanced quality of life for the people of the region.
The 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. Consistent
with the goal described in the preceding sentence, the
Appalachian region should be able to take advantage of eco-
industrial development, which promotes both employment and
economic growth and the preservation of natural resources. It
is essential that the opportunities for expanded energy
production be used so as to maximize the social and economic
benefits and minimize social and environmental costs to the
region and its people. it is, therefore, also the purpose of
this Act to provide a framework for coordinating Federal,
State, and local efforts toward (1) anticipating the effects of
alternative energy policies and practices, (2) planning for
accompanying growth and change so as to maximize the social and
economic benefits and minimize social and environmental costs,
and (3) 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
transportation, housing, community facilities, and human
services.
(c) 1998 Findings and Purposes.--
(1) Findings.--Congress further finds and declares
that, while substantial progress has been made in
fulfilling many of the objectives of this Act, rapidly
changing national and global economies over the past
decade have created new problems and challenges for
rural areas throughout the United States and especially
for the Appalachian region.
(2) Purposes.--In addition to the purposes stated
in subsections (a) and (b), it is the purpose of this
Act--
(A) to assist the Appalachian region in--
(i) providing the infrastructure
necessary for economic and human
resource development;
(ii) developing the region's
industry;
(iii) building entrepreneurial
communities;
(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 coordinating
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
technologies for the region's
businesses , including eco-industrial
development technologies; 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
Appalachian region and focus special attention
on the areas of greatest need so as to provide
a fairer opportunity for the people of the
region to share the quality of life generally
enjoyed by citizens across the United States.
TITLE I--THE APPALACHIAN REGIONAL COMMISSION
membership and voting
Sec. 101. (a) In General.--
(1) Establishment.--There is hereby established an
Appalachian Regional Commission (hereinafter referred
to as the ``Commission'') which shall be composed of
one Federal member, hereinafter referred to as the
``Federal Cochairman,'' appointed by the President by
and with the advice and consent of the Senate, and one
member from each participating State in the Appalachian
region. The Federal Cochairman shall be one of the two
Cochairmen of the Commission. Each State member shall
be the Governor. The State members of the Commission
shall elect a Cochairman of the Commission from among
their number for a term of not less than one year.
(2) Meetings.--
(A) In general.--The Commission shall
conduct at least 1 meeting each year with the
Federal Cochairman and at least a majority of
the State members present.
(B) Additional meetings.--The Commission
may conduct such additional meetings by
electronic means as the Commission considers
advisable, including meetings to decide matters
requiring an affirmative vote.
(b) Except as provided in section 105, decisions by the
Commission shall require the affirmative vote of the Federal
Cochairman and of a majority of the State members (exclusive of
members representing States delinquent under section 105). In
matters coming before the Commission, the Federal Cochairman
shall, to the extent practicable, consult with the Federal
departments and agencies having an interest in the subject
matter. A decision involving Commission policy, approval of any
State, regional, or subregional development plan or
[implementing investment program] strategy statement, any
modification or revision of the Appalachian Regional Commission
Code, any allocation of funds among the States, or any
designation of a distressed county or an economically strong
county shall not be made without a quorum of the State members.
The approval of project and grant proposals shall be a
responsibility of the Commission and exercised in accordance
with section 303 of this Act.
(c) Each State member 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, by and with the advice and consent of the Senate,
shall appoint an alternate for the Federal Cochairman. An
alternate shall vote in the event of the absence, death,
disability, removal, or resignation of the State or Federal
representative for which he is an alternate. A State alternate
shall not be counted toward the establishment of a quorum of
the Commission in any instance in which a quorum of the State
members is required. No Commission powers or responsibilities
specified in the last two sentences of subsection (b) of this
section, nor the vote of any Commission member, may be
delegated to any person not a Commission member or who is not
entitled to vote in Commission meetings.
(d) The Federal Cochairman shall be compensated by the
Federal Government at level III of the Executive Schedule in
subchapter II of chapter 53 of the title V, United States Code.
His alternate shall be compensated by the Federal Government at
level V of such Executive Schedule, and when not actively
serving as an alternate for the Federal Cochairman, shall
perform such functions and duties as are delegated to him by
the Federal Cochairman. Each State member and his alternate
shall be compensated by the State which they represent at the
rate established by law of such State.
functions of the commission
Sec. 102. (a) In carrying out the purposes of this Act, the
Commission shall--
(1) develop, on a continuing basis, comprehensive
and coordinated plans and programs and establish
priorities thereunder, giving due consideration to
other Federal, State, and local planning in the region;
(2) conduct and sponsor investigations, research,
and studies, including an inventory and analysis of the
resources of the region, and, in cooperation with
Federal, State, and local agencies, sponsor
demonstration projects designed to foster regional
productivity and growth;
(3) review and study, in cooperation with the
agency involved, Federal, State, and local public and
private programs and, where appropriate, recommend
modifications or additions which will increase their
effectiveness in the region;
(4) formulate and recommend, where appropriate,
interstate compacts and other forms of interstate
cooperation, and work with State and local agencies in
developing appropriate model legislation;
(5) encourage the formation of , and support, local
development districts;
(6) encourage private investment in industrial,
commercial, and recreational projects;
(7) serve as a focal point and coordinating unit
for Appalachian programs; [and]
(8) provide a forum for consideration of problems
of the region and proposed solutions and establish and
utilize, as appropriate, citizens and special advisory
councils and public conferences[.]
(9) encourage the use of eco-industrial development
technologies and approaches; and
(10) seek to coordinate the economic development
activities of, and the use of economic development
resources by, Federal agencies in the region.
(b) In carrying out its functions under this section, the
Commission shall identify the characteristics of, and may
distinguish between the needs and goals of appropriate
subregional areas, including central, northern, and southern
Appalachia.
recommendations
Sec. 103. The Commission may, from time to time, make
recommendations to the President and to the State Governors and
appropriate local officials with respect to--
(1) the expenditure of funds by Federal, State, and
local departments and agencies in the region in the
fields of natural resources, agriculture, education,
training, health and welfare, and other fields related
to the purposes of this Act; and
(2) such additional Federal, State, and local
legislation or administrative actions as the Commission
deems necessary to further the purposes of this Act.
liaison between federal government and the commission
Sec. 104. [The President] (a) In General._The President
shall provide effective and continuing liaison between the
Federal Government and the Commission and a coordinated review
within the Federal Government of the plans and recommendations
submitted by the Commission pursuant to sections 102 and 103.
(b) Interagency Coordinating Council on Appalachia.--
(1) Establishment.--In carrying out subsection (a),
the President shall establish an interagency council to
be known as the ``Interagency Coordinating Council on
Appalachia'.
(2) Membership.--The Council shall be composed of--
(A) the Federal Cochairman, who shall serve
as Chairperson of the Council; and
(B) representatives of Federal agencies
that carry out economic development programs in
the region.
administrative expenses of the commission
Sec. 105. Administrative expenses of the Commission shall
be paid 50 per centum by the Federal Government and 50 per
centum by the States in the region, except that the expenses of
the Federal Cochairman, his alternate, and his staff shall be
paid solely by the Federal Government. The share to be paid by
each State shall be determined by the Commission. The Federal
Cochairman shall not participate or vote in such determination.
No assistance authorized by this Act shall be furnished to any
State or to any political subdivision or any resident of any
State, nor shall the State member of the Commission participate
or vote in any determination by the Commission while such State
is delinquent in payment of its share of such expenses.
administrative powers of commission
Sec. 106. To carry out its duties under this Act, the
Commission is authorized to--
(1) adopt, amend, and repeal bylaws, rules, and
regulations governing the conduct of its business and
the performance of its functions.
(2) appoint and fix the compensation of an
executive director and such other personnel as may be
necessary to enable the Commission to carry out its
functions, except that such compensation shall not
exceed the maximum rate of basic pay for the Senior
Executive Service under section 5382 of title 5, United
States Code, including any applicable locality-based
comparability payment that may be authorized under
section 5304(h)(2)(C) of that title. The executive
director shall be responsible for carrying out the
administrative functions of the Commission, for
direction of the Commission staff, and for such other
duties as the Commission may assign. No member,
alternate, officer, or employee of the Commission,
other than the Federal Cochairman on the Commission,
his staff, and his alternate and Federal employees
detailed to the Commission under paragraph (3) shall be
deemed a Federal employee for any purpose.
(3) request the head of any Federal department or
agency (who is hereby so authorized) to detail to
temporary duty with the Commission such personnel
within his administrative jurisdiction as the
Commission may need for carrying out its functions,
each such detail to be without loss of seniority, pay,
or other employee status.
(4) arrange for the services of personnel from any
State or local government or any subdivision or agency
thereof, or any intergovernmental agency.
(5) make arrangements, including contracts, with
any participating State government for inclusion in a
suitable retirement and employee benefits system of
such of its personnel as may not be eligible for, or
continue in, another governmental retirement or
employee benefit system, or otherwise provide for such
coverage of its personnel. The Civil Service Commission
of the United States is authorized to contract with the
Commission for continued coverage of Commission
employees, who at date of Commission employment are
Federal employees, in the retirement program and other
employee benefit programs of the Federal Government.
(6) accept, use, and dispose of gifts or donations
of services or property, real, personal, or mixed,
tangible or intangible.
(7) enter into and perform such contracts, leases
(including notwithstanding any other provision of law,
the lease of office space for any term [expiring no
later than September 30, 2001]), cooperative
agreements, or other transactions as may be necessary
in carrying out its functions and on such terms as it
may deem appropriate, with any department, agency, or
instrumentality of the United States (which is hereby
so authorized to the extent not otherwise prohibited by
law) or with any State, or any political subdivision,
agency, or instrumentality thereof, or with any person,
firm, association, or corporation.
(8) maintain a temporary office in the District of
Columbia and establish a permanent office at such a
central and appropriate location as it may select and
field offices as such other places as it may deem
appropriate.
(9) take such other actions and incur such other
expenses as may be necessary or appropriate.
information
Sec. 107. (a) In order to obtain information needed to
carry out its duties, the Commission shall--
(1) hold such hearings, sit and act at such time
and places, take such testimony, receive such evidence,
and print or otherwise reproduce and distribute so much
of its proceedings and reports thereon as it may deem
advisable, a Cochairman of the Commission, or any
member of the Commission designated by the Commission
for the purpose, being hereby authorized to administer
oaths when it is determined by the Commission that
testimony shall be taken or evidence received under
oath;
(2) arrange for the head of any Federal, State, or
local department or agency (who is hereby so authorized
to the extent not otherwise prohibited by law) to
furnish to the Commission such information as may be
available to or procurable by such department or
agency; and
(3) keep accurate and complete records of its
doings and transactions which shall be made available
for public inspection, and for the purposes of audit
and examination by the Comptroller General or his duly
authorized representatives.
(b) Public participation in the development, revision, and
implementation of all plans and programs under this Act by the
Commission, any State or any local development district shall
be provided for, encouraged, and assisted. The Commission shall
develop and publish regulations specifying minimum guidelines
for such public participation, including public hearings.
personal financial interests
Sec. 108. (a) Except as permitted by subsection (b) hereof,
no State member or alternate and no officer or employee of the
Commission shall participate personally and substantially as
member, alternate, officer, or employee, through decision,
approval, disapproval, recommendation, the rendering of advice,
investigation, or otherwise, in any proceeding, application,
request for a ruling or other determination, contract, claim,
controversy, or other particular matter in which, to his
knowledge, he, his spouse, minor child, partner, organization
(other than a State or political subdivision thereof) in which
he is serving as officer, director, trustee, partner, or
employee, or any person or organization with whom he is serving
as officer, director, trustee, partner, or employee, or any
person or organization with whom he is negotiating or has any
arrangement concerning prospective employment, has a financial
interest. Any person who shall violate the provisions of this
subsection shall be fined not more than $10,000, or imprisoned
not more than two years, or both.
(b) Subsection (a) hereof shall not apply if the State
member, alternate, officer, or employee first advises the
Commission of the nature and circumstances of the proceeding,
application, request for a ruling or other determination,
contract, claim, controversy, or other particular matter and
makes full disclosure of the financial interest and receives in
advance a written determination made by the Commission that the
interest is not so substantial as to be deemed likely to affect
the integrity of the services which the Commission may expect
from such State member, alternate, officer, or employee.
(c) No State member or alternate shall receive any salary,
or any contribution to or supplementation of salary for his
services on the Commission from any source other than his
State. No person detailed to serve the Commission under
authority of paragraph (4) of section 106 shall receive any
salary or any contribution to or supplementation of salary for
his services on the Commission from any source other than the
State, local, or intergovernmental department or agency from
which he was detailed or from the Commission. Any person who
shall violate the provisions of this subsection shall be fined
not more than $5,000, or imprisoned not more than one year, or
both.
(d) Notwithstanding any other subsection of this section,
the Federal Cochairman or his alternate on the Commission and
any Federal officers or employees detailed to duty with it
pursuant to paragraph (3) of section 106 shall not be subject
to any such subsections but shall remain subject to section 202
through 209 of title 18, United States Code.
(e) The Commission may, in its discretion, declare void and
rescind any contract, loan, or grant of or by the Commission in
relation to which it finds that there has been a violation of
subsection (a) or (c) of this section, or any of the provisions
of sections 202 through 209, title 18, United States Code.
commission employee protections
Sec. 109. Section 5334(a) of title 5, United States Code,
is amended by adding at the end thereof the following new
sentence: ``For the purpose of this subsection, an individual
employed by the Appalachian Regional Commission under section
106(a) of the Appalachian Regional Development Act of 1965, or
by a regional commission established pursuant to section 502 of
the Public Works and Economic Development Act of 1965, under
section 506(2) of such Act, who was a Federal employee
immediately prior to such employment by a commission and within
six months after separation from such employment is employed in
a position to which this subchapter applies, shall be treated
as if transferred from a position in the executive branch to
which this subchapter does not apply.''
TITLE II--SPECIAL APPALACHIAN PROGRAMS
Part A--New Programs
Appalachian development highway system
Sec. 201. (a) In order to provide a highway system which,
in conjunction with the Interstate System and other Federal-aid
highways in the Appalachian region, will open up an area or
areas with a developmental potential where commerce and
communication have been inhibited by lack of adequate access,
the Secretary of Transportation (hereinafter in this section
referred to as the ``Secretary'') is authorized to assist in
the construction of an Appalachian development highway system
and local access roads serving the Appalachian region. The
provisions of section 106(a) and 118 of title 23, United States
Code, relating to the obligation, period of availability, and
expenditure of Federal-aid highway funds, shall apply to the
development highway system and the local access roads, and all
other provisions of such title 23 that are applicable to the
construction and maintenance of Federal-aid primary and
secondary highways and which the Secretary determines are not
inconsistent with this Act shall apply, respectively, to such
system and roads. Construction on the development highway
system shall not exceed three thousand and twenty-five miles.
\1\ Construction of local access roads shall not exceed one
thousand four hundred miles that will serve specific
recreational, residential, educational, commercial, industrial,
or other like facilities or will facilitate a school
consolidation program.
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\1\ The mileage of the highway system was increased from 2,900 to
3,025 miles by section 138(b) of the Surface Transportation Assistance
Act of 1978 (P.L. 95-599 approved November 6, 1978).
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(b) The Commission shall transmit to the Secretary its
designations of (1) the general corridor location and termini
of the development highways, (2) local access roads to be
constructed, (3) priorities for the construction of segments of
the development highways, and (4) other criteria for the
program authorized by this section. Before any State member
participates in or votes on such designations, he shall have
obtained the recommendations of the State transportation
department of the State which he represents.
(c) In no event shall the Secretary assist in any
construction (including right-of-way acquisition) which would
require for its completion the expenditure of Federal funds
(other than funds available under title 23, United States Code)
in excess of the appropriations authorization in subsection
(g). On its completion each development highway not already on
the Federal-aid primary system shall be added to such system
and each development highway and local access road shall be
required to be maintained by the State as provided for Federal-
aid highways in title 23, United States Code.
(d) In the construction of highways and roads authorized
under this section, the States may give special preference to
the use of materials and products indigenous to the Appalachian
region.
(e) For the purposes of research and development in the use
of coal and coal products in highway construction and
maintenance, the Secretary is authorized to require each,
participating State, to the maximum extent possible, to use
coal derivatives in the construction of not to exceed 10 per
centum of the roads authorized under this Act.
(f) Federal assistance to any construction project under
this section shall not exceed 80 per centum of the costs of
such project. \1\
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\1\ Subsection (f) of Section 201 was amended to permit Federal
assistance from 50 percent to 80 percent by section 138(a) of the
Surface Transportation Assistance Act of 1978 (P.L. 95-599 approved
November 6, 1978).
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(g) To carry out this section there is hereby authorized to
be appropriated to the President, to be available until
expended, $175,000,000 for the fiscal year ending June 30,
1971; $175,000,000 for the fiscal year ending June 30, 1972;
$180,000,000 for the fiscal year ending June 30, 1973;
$180,000,000 for the fiscal year ending June 30, 1974;
$185,000,000 for the fiscal year ending June 30, 1975;
$185,000,000 for the fiscal year ending June 30, 1976;
$185,000,000 for the fiscal year ending June 30, 1977;
$250,000,000 for the fiscal year 1978; $300,000,000 for the
fiscal year 1979; $300,000,000 for the fiscal year 1980; and
$215,000,000 for fiscal year 1981, and $65,000,000 for fiscal
year 1982.
(h)(1) When a participating State proceeds to construct a
segment of a development highway without the aid of Federal
funds, in accordance with all procedures and requirements
applicable to the construction of segments of Appalachian
development highways with such funds, except insofar as such
procedures and requirements limit a State to the construction
of projects for which Federal funds have previously been
appropriated, the Secretary, upon application by the State and
with the approval of the Commission, is authorized to pay to
the State the Federal share not to exceed 80 per centum of the
costs of the construction of such segment, from any sums
appropriated and allocated to such State to carry out this
section.
(2) This subsection shall not be construed as a commitment
or obligation on the part of the United States to provide funds
for segments of development highways constructed under this
subsection, and shall not increase the limitation on
construction in subsection (c).
demonstration health projects
Sec. 202. (a) In order to demonstrate the value of adequate
health facilities and services to the economic development of
the region, the Secretary of Health and Human Services is
authorized to make grants for the planning, construction,
equipment, and operation of multicounty 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. Grants for such construction (including the
acquisition of privately owned facilities not operated for
profit, or previously operated for profit where the acquisition
of such facilities is the most cost-effective means for
providing increased health services if the Commission finds
that but for the acquisition of such facility such health
services would not be otherwise provided in the area served by
such facility, and initial equipment) shall be made in
accordance with section 223 of this Act and shall not be
incompatible with the applicable provisions of [title VI of the
Public Health Service Act (42 U.S.C. 291-291o), the Mental
Retardation Facilities and Community Mental Health Centers
Construction Act of 1963 (77 Stat. 282)] 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 construction of health-related facilities, without regard
to any provisions therein relating to appropriation
authorization ceilings or to allotments among the States.
Grants under this section shall be made solely out of funds
specifically appropriated for the purpose of carrying out this
Act and shall not be taken into account in the computation of
the allotments among the States made pursuant to any other
provision of law.
(b) No grant for the construction or equipment of any
component of a demonstration health project shall exceed 80 per
centum of such costs. The Federal contribution may be provided
entirely from funds authorized under this section or in
combination with funds provided under other Federal [grant-in-
aid programs] grant programs for the construction or equipment
of health-related facilities. Notwithstanding any provision of
law limiting the Federal share in such other programs, funds
authorized under this section may be used to increase Federal
grants for component facilities of a demonstration health
project to a maximum of 80 per centum of the costs of such
facilities.
(c) Grants under this section for operation (including
initial operating funds and operating deficits comprising among
other items the costs of attracting, training, and retaining
qualified personnel) of a demonstration health project, whether
or not constructed with funds authorized by this section, may
be made for up to 50 percent of the costs of that operation (or
80 percent of those costs in the case of a project to be
carried out in a county for which a distressed county
designation is in effect under section 226). The Federal
contribution may be provided entirely from funds appropriated
to carry out this section or in combination with funds provided
under other Federal [grant-in-aid programs] grant programs for
the operation of health related facilities and the provision of
health and child development services, including title IV,
parts A and B, and title XX of the Social Security Act.
Notwithstanding any provision of the Social Security Act
requiring assistance or services on a statewide basis, if a
State provides assistance or services under such a program in
any area of the region approved by the Commission, such State
shall be considered as meeting such requirement.
Notwithstanding any provision of law limiting the Federal share
in such other programs, funds appropriated to carry out this
section may be used to increase Federal grants for operating
components of a demonstration health project to the maximum
percentage cost thereof authorized by this subsection. No grant
for operation of a demonstration health project shall be made
unless the facility is publicly owned, or owned by a public or
private nonprofit organization, and is not operated for profit.
No grant for operation of a demonstration health project shall
be made after five years following the commencement of the
initial grant for operation of the project, that child
development demonstrations assisted under this section during
fiscal year 1979 may, upon State request, be approved under
section 303 of this Act for continued support beyond that
period if the Commission finds that no Federal, State, or local
funds are available to continue such demonstrations. No such
grants shall be made unless the Secretary of Health and Human
Services is satisfied that the operation of the project will be
conducted under efficient management practices designed to
obviate operating deficits.
(d) The Secretary of Health and Human Services is
authorized to provide funds to the Commission for the support
of its Health Advisory Committee and to make grants for
expenses of planning necessary for the development and
operation of demonstration health projects for the region. The
amount of any such grant shall not exceed 75 per centum of such
expenses. The Federal contribution to such expenses of planning
may be provided entirely from funds authorized under this
section or in combination with funds provided under other
Federal or Federal [grant-in-aid programs] grant programs.
Notwithstanding any provision of law limiting the Federal share
in any such other program, funds appropriated to carry out this
section may be used to increase such Federal share to the
maximum percentage cost thereof authorized by this subsection.
(e) In order to provide for the further development of the
Appalachian region's human resources, grants under this section
shall give special emphasis to programs and research for the
early detection, diagnosis, and treatment of occupational
diseases arising from coal mining, such as black lung.
(f) Maximum Commission Contribution After September 30,
1998.--
(1) In general.--Subject to paragraph (2), after
September 30, 1998, a Commission contribution of not
more than 50 percent of any project cost eligible for
financial assistance under this section may be provided
from funds appropriated to carry out this Act.
(2) Distressed counties.--In the case of a project
to be carried out in a county for which a distressed
county designation is in effect under section 226, the
maximum Commission contribution under paragraph (1) may
be increased to the lesser of--
(A) 80 percent; or
(B) the maximum Federal contribution
percentage authorized by this section.
[Secs. 203-206 repealed by P.L. 105-393 (112 Stat. 3620).]
SEC. 203. TELECOMMUNICATIONS AND TECHNOLOGY INITIATIVE.
(a) In General.--The Commission may provide technical
assistance, make grants, enter into contracts, or otherwise
provide funds to persons or entities in the region for
projects--
(1) to increase affordable access to advanced
telecommunications, entrepreneurship, and management
technologies or applications in the region;
(2) to provide education and training in the use of
telecommunications and technology;
(3) to develop programs to increase the readiness
of industry groups and businesses in the region to
engage in electronic commerce; or
(4) to support entrepreneurial opportunities for
businesses in the information technology sector.
(b) Source of Funding.--
(1) In general.--Assistance under this section may
be provided--
(A) exclusively from amounts made available
to carry out this section; or
(B) from amounts made available to carry
out this section in combination with amounts
made available under any other Federal program
or from any other source.
(2) Federal share requirements specified in other
laws.--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 Commission
determines to be appropriate.
(c) Cost Sharing for Grants.--Not more than 50 percent (or
80 percent in the case of a project to be carried out in a
county for which a distressed county designation is in effect
under section 226) of the costs of any activity eligible for a
grant under this section may be provided from funds
appropriated to carry out this section.
(d) Broadband Study.--
(1) In general.--The Commission shall make a grant,
enter into an agreement, or otherwise provide funds for
the conduct of a study on--
(A) the availability of broadband
telecommunications services and access to the
Internet through such services in rural and
other remote areas;
(B) the impacts of the availability of
those services on those areas; and
(C) the means that are available for
enhancing or facilitating the availability of
those services in those areas.
(2) Completion of study.--The study under paragraph
(1) shall be completed not later than 18 months after
the date of enactment of the Appalachian Regional
Development Act Amendments of 2001.
SEC. 204. ENTREPRENEURSHIP INITIATIVE.
(a) Definition of Business Incubator Service.--In this
section, the term ``business incubator service'' means a
professional or technical service necessary for the initiation
and initial sustainment of the operations of a newly
established business, including a service such as--
(1) a legal service, including aid in preparing a
corporate charter, partnership agreement, or basic
contract;
(2) a service in support of the protection of
intellectual property through a patent, a trademark, or
any other means;
(3) a service in support of the acquisition and use
of advanced technology, including the use of Internet
services and Web-based services; and
(4) consultation on strategic planning, marketing,
or advertising.
(b) Projects To Be Assisted.--The Commission may provide
technical assistance, make grants, enter into contracts, or
otherwise provide funds to persons or entities in the region
for projects--
(1) to support the advancement of, and provide,
high-quality entrepreneurial training and education for
youths, students, and businesspersons;
(2) to improve access to debt and equity capital,
including the establishment of development venture
capital funds;
(3) to aid communities in identifying, developing,
and implementing development strategies for various
sectors of the economy; and
(4)(A) to develop a working network of business
incubators; and
(B) to support entities that provide business
incubator services.
(c) Source of Funding.--
(1) In general.--Assistance under this section may
be provided--
(A) exclusively from amounts made available
to carry out this section; or
(B) from amounts made available to carry
out this section in combination with amounts
made available under any other Federal program
or from any other source.
(2) Federal share requirements specified in other
laws.--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 Commission
determines to be appropriate.
(d) Cost Sharing for Grants.--Not more than 50 percent (or
80 percent in the case of a project to be carried out in a
county for which a distressed county designation is in effect
under section 226) of the costs of any activity eligible for a
grant under this section may be provided from funds
appropriated to carry out this section.
SEC. 205. REGIONAL SKILLS PARTNERSHIPS.
(a) Definition of Eligible Entity.--In this section, the
term ``eligible entity'' means a consortium that--
(1) is established to serve 1 or more industries in
a specified geographic area; and
(2) consists of representatives of--
(A) businesses (or a nonprofit organization
that represents businesses);
(B) labor organizations;
(C) State and local governments; or
(D) educational institutions.
(b) Projects To Be Assisted.--The Commission may provide
technical assistance, make grants, enter into contracts, or
otherwise provide funds to eligible entities in the region for
projects to improve the job skills of workers in a specified
industry, including projects for--
(1) the assessment of training and job skill needs
for the industry;
(2) the development of curricula and training
methods, including, in appropriate cases, electronic
learning or technology-based training;
(3) the purchase, lease, or receipt of donations of
training equipment;
(4)(A) the identification of training providers;
and
(B) the development of partnerships between the
industry and educational institutions, including
community colleges;
(5) the development of apprenticeship programs;
(6) the development of training programs for
workers, including dislocated workers; and
(7) the development of training plans for
businesses.
(c) Administrative Costs.--An eligible entity may use not
more than 10 percent of the funds made available to the
eligible entity under subsection (b) to pay administrative
costs associated with the projects described in subsection (b).
(d) Source of Funding.--
(1) In general.--Assistance under this section may
be provided--
(A) exclusively from amounts made available
to carry out this section; or
(B) from amounts made available to carry
out this section in combination with amounts
made available under any other Federal program
or from any other source.
(2) Federal share requirements specified in other
laws.--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 Commission
determines to be appropriate.
(e) Cost Sharing for Grants.--Not more than 50 percent (or
80 percent in the case of a project to be carried out in a
county for which a distressed county designation is in effect
under section 226) of the costs of any activity eligible for a
grant under this section may be provided from funds
appropriated to carry out this section.
assistance for planning and other preliminary expenses of proposed low-
and moderate-income housing projects
Sec. 207. (a) In order to encourage and facilitate the
construction of rehabilitation of housing to meet the needs of
low- and moderate-income families and individuals, the
Secretary of Housing and Urban Development (hereafter in this
section referred to as the ``Secretary'') is authorized to make
grants and loans from the Appalachian Housing Fund established
by this section, under such terms and conditions as he may
prescribe, to nonprofit, limited dividend, or cooperative
organizations, and public bodies, for planning and obtaining
federally insured mortgage financing or other financial
assistance for housing construction or rehabilitation projects
for low- and moderate-income families and individuals, under
[section 221 of the National Housing Act, section 8 of the
United States Housing Act of 1937, section 515 of the Housing
Act of 1949] section 221 of the National Housing Act (12 U.S.C.
1715l), section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f), section 515 of the Housing Act of 1949 (42
U.S.C. 1485), or any other law of similar purpose administered
by the Secretary or any other department, agency, or
instrumentality of the Federal or State government in any area
of the Appalachian region determined by the Commission.
(b) No loan under subsection (a) of this section shall
exceed 50 percent (or 80 percent in the case of a project to be
carried out in a county for which a distressed county
designation is in effect under section 226) of the cost of
planning and obtaining financing for a project, including, but
not limited to, preliminary surveys and analyses of market
needs, preliminary site engineering and architectural fees,
site options, applications and mortgage commitment fees, legal
fees, and construction loan fees and discounts. Such loans
shall be made without interest, except that any loan made to an
organization established for profit shall bear interest at the
prevailing market rate authorized for an insured or guaranteed
loan for such project. The Secretary shall require payments of
loans made under this section, under such terms and conditions
as he may require, upon completion of the project or sooner,
and except in the case of a loan to an organization established
for profit, may cancel any part or all of such a loan, if he
determines that a permanent loan to finance such project cannot
be obtained in an amount adequate for repayment of such loan
under this section.
(c)(1) Except as provided in paragraph (2) of this
subsection, no grant under this section shall exceed 50 percent
(or 80 percent in the case of a project to be carried out in a
county for which a distressed county designation is in effect
under section 226) of those expenses, incident to planning and
obtaining financing for a project, which the Secretary
considers not to be recoverable from the proceeds of any
permanent loan made to finance such project, and no such grant
shall, be made to an organization established for profit.
(2) The Secretary is authorized to make grants and
commitments for grants, and may advance funds under such terms
and conditions as he may require, to nonprofit, limited
dividend, or cooperative organizations and public bodies for
reasonable site development costs and necessary offsite
improvements, such as sewer and water line extensions, whenever
such a grant, commitment, or advance is essential to the
economic feasibility of any housing construction or
rehabilitation project for low- and moderate-income families
and individuals which otherwise meets the requirements for
assistance under this section, except that no such grant for
the construction of housing, shall exceed 10 per centum of the
cost of such project, and no such grant for the rehabilitation
of housing shall exceed 10 per centum of the reasonable value
of such rehabilitation housing, as determined by the Secretary.
(d) All funds allocated to the Secretary for the purposes
of this section shall be deposited in a fund which shall be
known as the Appalachian Housing Funds and shall be used as a
revolving fund by the Secretary for carrying out such purposes.
General expenses of administration of this section may be
charged to the fund. Moneys in the fund not needed for current
operation may be invested in bonds or other obligations
guaranteed as to principal and interest by the United States.
(e) The Secretary or the Commission may provide, or
contract with public or private organizations to provide,
information, advice, and technical assistance with respect to
the construction, rehabilitation, and operation by nonprofit
organizations of housing for low or moderate income families in
such areas of the region and may provide funds to the State for
making grants and loans to nonprofit, limited dividend, or
cooperative organizations and public bodies for the purposes
for which the Secretary is authorized to provide funds under
this section.
(f) Programs and projects assisted under this section shall
be subject to the provisions cited in section 402 of the Act,
notwithstanding such section, to the extent provided in the
laws authorizing assistance for low- and moderate-income
housing.
[Sec. 208 repealed by P.L. 105-393 (112 Stat. 3621).]
Part B--Supplementations and Modifications of Existing Programs
[Sec. 211 \1\ repealed by P.L. 105-220 (112 Stat. 1059).]
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\1\ Amendments made to this section by section 214 of P.L. 105-393
could not be executed because of the earlier repeal of this section by
P.L. 105-220.
[Sec. 212-213 repealed by P.L. 105-393 (112 Stat. 3621-
3622).]
supplements to federal [grant-in-aid] grant programs
Sec. 214. (a) In order to enable the people, States, and
local communities of the region, including local development
districts, to take maximum advantage of Federal [grant-in-aid
programs] grant programs (as hereinafter defined) for which
they are eligible but for which, because of their economic
situation, they cannot supply the required matching share, or
for which there are insufficient funds available under the
Federal [grant-in-aid Act] Act authorizing such programs to
meet pressing needs of the region, the Federal Cochairman may
use amounts made available to carry out this section for all or
any portion of the basic Federal contribution to projects or
activities (hereinafter referred to as projects) under such
Federal [grant-in-aid programs] grant programs authorized by
Federal [grant-in-aid Acts] Acts, and for the purpose of
increasing the Federal contribution to projects under such
programs, as hereafter defined, above the fixed maximum portion
of the cost of such projects otherwise authorized by the
applicable law. In the case of any program or project for which
all or any portion of the basic Federal contribution to the
project under a Federal [grant-in-aid program] grant program is
proposed to be made under this subsection, no such Federal
contribution shall be made until the responsible Federal
official administering the Federal [grant-in-aid Act] Act
authorizing such contribution certifies that such program or
project meets the applicable requirements of such Federal
[grant-in-aid Act] Act and could be approved for Federal
contribution under such Act if funds were available under such
Act for such program or project. [Funds may be provided for
programs and projects in a State under this subsection only if
the Commission determines that the level of Federal and State
financial assistance under Acts other than this Act, for the
same type of programs or projects in that portion of the State
within the region, will not be diminished in order to
substitute funds authorized by this subsection.] Funds provided
pursuant to this Act shall be available without regard to any
limitations on areas eligible for assistance or authorizations
for appropriation in any other Act. Any findings, report,
certification, or documentation required to be submitted to the
head of the department, agency, or instrumentality of the
Federal Government responsible for the administration of any
Federal [grant-in-aid program] grant program shall be accepted
by the Federal Cochairman with respect to a supplemental grant
for any project under such program.
(b) Cost Sharing.--
(1) In general.--The Federal portion of such costs
shall not be increased in excess of the percentage
established by the Commission, and shall in no event
exceed 80 per centum thereof.
(2) Maximum commission contribution after september
30, 1998.--
(A) In general.--Subject to subparagraph
(B), after September 30, 1998, a Commission
contribution of not more than 50 percent of any
project cost eligible for financial assistance
under this section may be provided from funds
appropriated to carry out this Act.
(B) Distressed counties.--In the case of a
project to be carried out in a county for which
a distressed county designation is in effect
under section 226, the maximum Commission
contribution under subparagraph (A) may be
increased to 80 percent.
[(c) The term ``Federal grant-in-aid programs'' as used in
this section means those Federal grant-in-aid programs
authorized by this Act and Acts other than this Act for the
acquisition or development of land, the construction or
equipment of facilities, or other community or economic
development or economic adjustment activities, including but
not limited to grant-in-aid programs authorized by the
following Acts: Federal Water Pollution Control Act; Watershed
Protection and Flood Prevention Act; titles VI and XVI of the
Public Health Services Act; Vocational Education Act of 1963
\1\; Federal Airport Act; Airport and Airway Development Act of
1970; part IV of title III of the Communications Act of 1934;
title VI (part A) and VII of the Higher Education Act of 1965;
Land and Water Conservation Fund Act of 1965; National Defense
Education Act of 1958; Consolidated Farm and Rural Development
Act; sections 201 and 209 of the Public Works and Economic
Development Act of 1965; \2\ the housing repair program for
homeowners authorized by section 1319 of title 42, United
States Code; grants under the Indian Health Service Act (42
Stat. 208); and title I of the Housing and Community
Development Act of 1974. The term shall not include (A) the
program for the construction of the development highway system
authorized by section 201 of this Act or any program relating
to highway or road construction authorized by title 23, United
States Code or (B) any other program for which loans or other
Federal financial assistance, except a [grant-in-aid program]
grant program, is authorized by this or any other Act. For the
purpose of this section, any sewage treatment works constructed
pursuant to section 8(c) of the Federal Water Pollution Control
Act without Federal grant-in-aid assistance under such section
shall be regarded as if constructed with such assistance.]
---------------------------------------------------------------------------
\1\ Probably should be ``Carl D. Perkins Vocational and Technical
Education Act of 1998''. See section 3(g) of Public Law 105-332, which
could not be executed because of an error made by section 4(e)(2) of
Public Law 98-524.
\2\ The amendment made by section 217(c)(2) of P.L. 105-393 struck
out ``Titles I and IX of the Public Works and Economic Development Act
of 1965''. The amendment should have struck ``titles . . . ''. This was
executed to reflect the probable intent of Congress.
---------------------------------------------------------------------------
(c) Definition of Federal Grant Program.--
(1) In general.--In this section, the term
``Federal grant program'' means any Federal grant
program authorized by this Act or any other Act that
provides assistance for--
(A) the acquisition or development of land;
(B) the construction or equipment of
facilities; or
(C) any other community or economic
development or economic adjustment activity.
(2) Inclusions.--In this section, the term
``Federal grant program'' includes a Federal grant
program such as a Federal grant program authorized by--
(A) the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921 et seq.);
(B) the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-4 et seq.);
(C) the Watershed Protection and Flood
Prevention Act (16 U.S.C. 1001 et seq.);
(D) the Carl D. Perkins Vocational and
Technical Education Act of 1998 (20 U.S.C. 2301
et seq.);
(E) the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.);
(F) title VI of the Public Health Service
Act (42 U.S.C. 291 et seq.);
(G) sections 201 and 209 of the Public
Works and Economic Development Act of 1965 (42
U.S.C. 3141, 3149);
(H) title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et
seq.); or
(I) part IV of title III of the
Communications Act of 1934 (47 U.S.C. 390 et
seq.).
(3) Exclusions.--In this section, the term
``Federal grant program'' does not include--
(A) the program for construction of the
Appalachian development highway system
authorized by section 201;
(B) any program relating to highway or road
construction authorized by title 23, United
States Code; or
(C) any other program under this Act or any
other Act to the extent that a form of
financial assistance other than a grant is
authorized.
[(d) Not to exceed $97,000,000 of the funds authorized in
section 401 of this Act for the two-fiscal-year period ending
June 30, 1969, shall be available to carry out this section.]
Part C--General Provisions
maintenance of effort
Sec. 221. No State and no political subdivision of such
State shall be eligible to receive benefits under this Act
unless the aggregate expenditures of State funds, exclusive of
expenditures for participation in the National System of
Interstate and Defense Highways, and exclusive of local funds
and Federal funds, for the benefit of the area within the State
located in the region are maintained at a level which does not
fall below the average level of the last two years of when it
finds that a State's average level of such expenditures for its
last two full fiscal years preceding the date of enactment of
this Act. In computing the average level of expenditure for its
last two fiscal years, a State's past expenditure for
participation in the National System of Interstate and Defense
Highways and expenditures of local funds and Federal funds
shall not be included. The Commission shall recommend to the
President or such Federal officer or officers as the President
may designate, a lesser requirement when it finds that a
substantial population decrease in that portion of a State
which lies within the region would not justify a State
expenditure equal to the average level of expenditure, within
an individual program, has been disproportionate to the present
need for that portion of the State which lies within the
region.
consent of states
Sec. 222. Nothing contained in this Act shall be
interpreted as requiring any State to engage in or accept any
program under this Act without its consent.
program implementation
Sec. 223. No program or project authorized under any
section of this title shall be implemented until (1)
applications and plans relating to the program or project have
been determined by the responsible Federal official to be not
incompatible with the provisions and objectives of Federal laws
which he administers that are not inconsistent with this Act,
and (2) the Commission has approved such program or project and
has determined that it meets the applicable criteria under
section 224 of this Act and the requirements of the development
planning process under section 225, and will contribute to the
development of the region, which determination shall be
controlling and which shall be accepted by the Federal
agencies.
program development criteria
Sec. 224. (a) In considering programs and projects to be
given assistance under this Act, and in establishing a priority
ranking of the requests for assistance presented to the
Commission, the Commission shall follow procedures that will
insure consideration of the following factors:
(1) the relationship of the project or class of
projects to overall regional development including its
location [in an area determined by the State have a
significant potential for growth or] in a severely and
persistently distressed county or area;
(2) the population and area to be served by the
project or class of projects including the [relative
per capita income] per capita market income and the
unemployment rates in the area;
(3) the relative financial resources available to
the State or political subdivision or instrumentalities
thereof which seek to undertake the project;
(4) the importance of the project or class of
projects in relation to other projects or classes of
projects which may be competition for the same funds;
(5) the prospects that the project for which
assistance is sought will improve, on a continuing
rather that a temporary basis, the opportunities for
employment, the average level of income, or the
economic and social development 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 evaluated.
(b) Limitation.--Financial assistance made available under
this Act shall not be used to assist establishments relocating
from one area to another.
(c) Funds may be provided for programs and projects in a
State under this Act only if the Commission determines that the
level of Federal and State financial assistance under Acts
other than this Act for the same type of programs or projects
in that portion of the State within the region, will not be
diminished in order to substitute funds authorized by this Act.
(d) Assistance to Distressed Counties and Areas.--For each
fiscal year, not less than 50 percent of the amount of grant
expenditures approved by the Commission shall support
activities or projects that benefit severely and persistently
distressed counties and areas.
appalachian state development planning process
Sec. 225. (a) Pursuant to policies established by the
Commission, each State member shall submit on such schedule as
the Commission shall prescribe a development plan for the area
of the State within the region. The State development plan
shall reflect the goals, objectives, and priorities identified
in the regional development plan and in any subregional
development plan which may be approved for the subregion of
which such State is a part. Such State development plan shall
(1) describe the State organization and continuous process for
Appalachian development planning, including the procedures
established by the State for the participation of local
development districts in such process, the means by which such
process is related to overall statewide planning and budgeting
processes, and the method of coordinating planning and projects
in the region under this Act, the Public Works and Economic
Development Act of 1965, and other Federal, State, and local
programs; (2) set forth the goals, objectives, and priorities
of the State for the region, as determined by the Governor, and
identify the needs on which such goals, objectives, and
priorities are based; and (3) describe the [development
program] development strategies for achieving such goals,
objectives, and priorities, including funding sources, and
recommendations for specific projects to receive assistance
under this Act.
(b)(1) Local development districts certified by the State
under section 301 of this Act provide the linkage between State
and substate planning and development. In carrying out the
development planning process, including the selection of
programs and projects for assistance, States shall consult with
local development districts, local units of government, and
citizen groups and take into consideration the goals,
objectives, priorities, and recommendations of such bodies. The
districts shall assist the States in the coordination of
areawide programs and projects, and may prepare and adopt
areawide plans or action programs.
(2) The Commission shall encourage the preparation and
execution of areawide action programs which specify
interrelated projects and schedules of action together with the
necessary agency fundings and other commitments to implement
such programs. Such programs shall make appropriate use of
existing plans affecting the area.
(c) To the maximum extent practicable, Federal departments,
agencies, and instrumentalities undertaking or providing
financial assistance for programs or projects in the region
shall (1) take into account the policies, goals, and objectives
established by the Commission and its member States pursuant to
this Act; (2) recognize Appalachian State [development
programs] development strategies approved by the Commission as
satisfying requirements for overall economic development
planning under such programs or projects; and (3) accept the
boundaries and organization of any local development district
certified under this Act which the Governor may designate as
the areawide agency required under any such program undertaken
or assisted by such Federal departments, agencies, and
instrumentalities.
SEC. 226. DISTRESSED AND ECONOMICALLY STRONG COUNTIES.
(a) Designations.--
(1) In general.--Not later than 90 days after the
date of enactment of this section, and annually
thereafter, the Commission, in accordance with such
criteria as the Commission may establish, shall--
(A) designate as ``distressed counties''
those counties in the region that are the most
severely and persistently distressed; and
(B) designate 2 categories of economically
strong counties, consisting of--
(i) ``competitive counties'', which
shall be those counties in the region
that are approaching economic parity
with the rest of the United States; and
(ii) `attainment counties', which
shall be those counties in the region
that have attained or exceeded economic
parity with the rest of the United
States.
(2) Annual review of designations.--The Commission
shall--
(A) conduct an annual review of each
designation of a county under paragraph (1) to
determine if the county still meets the
criteria for the designation; and
(B) renew the designation for another 1-
year period only if the county still meets the
criteria.
(b) Distressed Counties.--In program and project
development and implementation and in the allocation of
appropriations made available to carry out this Act, the
Commission shall give special consideration to the needs of
those counties for which a distressed county designation is in
effect under this section.
(c) Economically Strong Counties.--
(1) Competitive counties.--Except as provided in
paragraphs (3) and (4), in the case of a project that
is carried out in a county for which a competitive
county designation is in effect under this section,
assistance under this Act shall be limited to not more
than 30 percent of the project cost.
(2) Attainment counties.--Except as provided in
paragraphs (3) and (4), no funds may be provided under
this Act for a project that is carried out in a county
for which an attainment county designation is in effect
under this section.
(3) Exceptions.--The requirements of paragraphs (1)
and (2) shall not apply to--
(A) any project on the Appalachian
development highway system authorized by
section 201;
(B) any local development district
administrative project assisted under section
302(a)(1); or
(C) any multicounty project that is carried
out in 2 or more counties designated under this
section if--
(i) at least 1 of the participating
counties is designated as a distressed
county under this section; and
(ii) the project will be of
substantial direct benefit to 1 or more
distressed counties.
(4) Waiver.--
(A) In general.--The Commission may waive
the requirements of paragraphs (1) and (2) for
a project upon a showing by the recipient of
assistance for the project of 1 or more of the
following:
(i) The existence of a significant
pocket of distress in the part of the
county in which the project is carried
out.
(ii) The existence of a significant
potential benefit from the project in 1
or more areas of the region outside the
designated county.
(B) Reports to congress.--The Commission
shall submit to the Committee on Environment
and Public Works of the Senate and the
Committee on Transportation and Infrastructure
of the House of Representatives an annual
report describing each waiver granted under
subparagraph (A) during the period covered by
the report.
TITLE III--ADMINISTRATION
local development districts--certification
Sec. 301. For the purposes of this Act, a ``local
development district'' shall be an entity certified to the
Commission either by the Governor of the State or States in
which such entity is located, or by the State officer
designated by the appropriate State Law to make such
certification, as having a charter or authority that includes
the economic development of counties or parts of counties or
other political subdivisions within the region. No entity shall
be certified as a local development district for the purposes
of this Act unless it is one of the following:
(1) a nonprofit incorporated body organized or
chartered under the law of the State in which it is
located;
(2) a nonprofit agency or instrumentality of a
State or local government;
(3) a nonprofit agency or instrumentality created
through an interstate compact; or
(4) a nonprofit association or combination of such
bodies, agencies, and instrumentalities.
grants for administration expenses of local development districts and
for research and demonstration projects
Sec. 302. (a) Authorization To Make Grants.--
(1) In general.--The Commission is authorized--
(A) to make grants for administrative
expenses, including the development of areawide
plans or action programs and technical
assistance activities, of local development
districts, but (i) the amount of any such grant
shall not exceed 50 percent of such expenses
(or, at the discretion of the Commission, 75
percent of such expenses in the case of a local
development district that has a charter or
authority that includes the economic
development of a county or part of a county for
which a distressed county designation is in
effect under section 226), (ii) no grants for
administrative expenses shall be made for a
State agency certified as a local development
district for a period in excess of three years
beginning on the date the initial grant is made
for such development district, and (iii) the
local development district contributions for
administrative expenses may be in cash or in
kind, fairly evaluated, including but not
limited to space, equipment, and services;
(B) to make grants for assistance to States
for a period not in excess of two years to
strengthen the State development planning
process for the region and the coordination of
State planning under this Act, the Public Works
and Economic Development Act of 1965, as
amended, and other Federal and State programs;
and
(C) to make grants for investigation,
research, studies, evaluations, and assessments
of needs, potentials, or attainment of the
people of the region, technical assistance,
training programs, demonstrations, and the
construction of necessary facilities incident
to such activities, which will further the
purposes of this Act. Grant funds may be
provided entirely from appropriations to carry
out this section or in combination with funds
available under other Federal or Federal
[grant-in-aid programs] grant programs or from
any other source. Notwithstanding any provision
of law limiting the Federal share in any such
other program, funds appropriated to carry out
this section may be used to increase such
Federal share, as the Commission determines
appropriate.
(2) Cost sharing after september 30, 1998.--
(A) In general.--Except as provided in
subparagraph (B), after September 30, 1998, not
more than 50 percent (or 80 percent in the case
of a project to be carried out in a county for
which a distressed county designation is in
effect under section 226) of the costs of any
activity eligible for financial assistance
under this section may be provided from funds
appropriated to carry out this Act.
(B) Discretionary grants.--
(i) In general.--Discretionary
grants made by the Commission to
implement significant regional
initiatives, to take advantage of
special development opportunities, or
to respond to emergency economic
distress in the region may be made
without 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 exceed 10 percent of the amounts
appropriated under section 401 for the
fiscal year.h
(b)(1) The Commission may provide assistance under this
section for demonstrations of enterprise development, including
site acquisition or development where necessary for the
feasibility of the project, in connection with the development
of the region's energy resources and the development and
stimulation of indigenous arts and crafts of the region. No
more than $3,000,000 shall be obligated for such energy
resource related demonstrations in any fiscal year, and no more
than $2,500,000 shall be obligated for such indigenous arts and
crafts demonstrations.
(2) In carrying out the purpose of this Act, including
section 2(b), and in implementing this section, the Secretary
of Energy, the Environmental Protection Agency, and other
Federal agencies shall cooperate with the Commission and shall
provide such assistance as the Federal Cochairman may request.
(c)(1) The Commission shall, as required by the President,
maintain accurate and complete records of transactions and
activities financed with Federal funds and report thereon to
the President. The records of the Commission shall be available
for audit with respect to such grants by the President and the
Comptroller General or their duly authorized representatives.
(2) Recipients of Federal assistance under the provisions
of this section shall, as required by the Commission, maintain
accurate and complete records of transactions and activities
financed with Federal funds and reports thereon to the
Commission. Such records shall be available for audit by the
President, Comptroller General, and the Commission or their
duly authorized representatives.
approval of development plans, [investment programs] strategy
statements, and projects
Sec. 303. State and Regional Development Plans and
[implementing investments programs] strategy statements, and
any multistate subregional plans which may be developed, shall
be annually reviewed and approved by the Commission in
accordance with section 101(b) of this Act. An application for
a grant or for any other assistance for a specific project
under this Act shall be made through the State member of the
Commission representing such applicant, and such State member
shall evaluate the application for approval. Only applications
for grants or other assistance for specific projects shall be
approved which are certified by the State member and determined
by the Federal Cochairman to implement the Commission-approved
State development plan; to be included in the Commission-
approved [implementing investment program] strategy statement;
to have adequate assurance that the project will be properly
administered, operated, and maintained; and to otherwise meet
the requirements for assistance under this Act. After the
approval of the appropriate State development plan and
[implementing investment program] strategy statement,
certification by a State member of an application for a grant
or other assistance for a specific project pursuant to this
section shall, when joined by an affirmative vote of the
Federal Cochairman for such project, be deemed to satisfy the
requirements for affirmative votes for decisions under section
101(b) of this Act.
annual report
Sec. 304. Not later than six months after the close of each
fiscal year, the Commission shall prepare and submit to the
Governor of each State in the region and to the President, for
transmittal to the Congress, a report on the activities carried
out under this Act during such year.
TITLE IV--APPROPRIATIONS AND MISCELLANEOUS PROVISIONS
[SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.--In addition to amounts authorized by
section 201 and other amounts made available for the
Appalachian development highway system program, there are
authorized to be appropriated to the Commission to carry out
this Act--
[(1) $68,000,000 for fiscal year 1999;
[(2) $69,000,000 for fiscal year 2000; and
[(3) $70,000,000 for fiscal year 2001.
[(b) Availability.--Sums made available under subsection
(a) shall remain available until expended.]
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to amounts authorized by
section 201 and other amounts made available for the
Appalachian development highway system program, there are
authorized to be appropriated to the Commission to carry out
this Act--
(1) $88,000,000 for each of fiscal years 2002
through 2004;
(2) $90,000,000 for fiscal year 2005; and
(3) $92,000,000 for fiscal year 2006.
(b) Telecommunications and Technology Initiative.--Of the
amounts made available under subsection (a), the following
amounts may be made available to carry out section 203:
(1) $10,000,000 for fiscal year 2002.
(2) $8,000,000 for fiscal year 2003.
(3) $5,000,000 for each of fiscal years 2004
through 2006.
(c) Availability.--Sums made available under subsection (a)
shall remain available until expended.
applicable labor standards
Sec. 402. All laborers and mechanics employed by
contractors or subcontractors in the construction, alteration,
or repair, including painting and decorating, of projects,
buildings and works which are financially assisted through the
Federal funds authorized under this Act, shall be paid wages at
rates not less than those prevailing or similar construction in
the locality as determined by the Secretary of Labor in
accordance with the Davis-Bacon Act, as amended (40 U.S.C.
276a--276a-5). The Secretary of Labor shall have with respect
to such labor standards, the authority and functions set forth
in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176, 64
Stat. 1267, 5 U.S.C. 133--133z-15), and section 2 of the Act of
June 13, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C.
276(c)).
definition of appalachian region
Sec. 403. As used in this Act, the term ``Appalachian
region'' or ``the region'' means that area of the eastern
United States consisting of the following counties (including
any political subdivision located within such area):
In Alabama, the counties of Bibb, Blount, Calhoun,
Chambers, Cherokee, Chilton, Clay, Cleburne, Colbert,
Coosa, Cullman, De Kalb, Elmore, Etowah, Fayette,
Franklin, Hale, Jackson, Jefferson, Lamar, Lauderdale,
Lawrence, Limestone, Macon, Madison, Marion, Marshall,
Morgan, Pickens, Randolph, Saint Clair, Shelby,
Talladega, Tallapoosa, Tuscaloosa, Walker, and Winston;
In Georgia, the counties of Banks, Barrow, 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;
In Kentucky, the counties of Adair, Bath, Bell,
Boyd, Breathitt, Carter, Casey, Clark, Clay, Clinton,
Cumberland, Elliott, Estill, Fleming, Floyd, Garrard,
Green, Greenup, Harlan, Jackson, Johnson, Knott, Knox,
Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln,
McCreary, Madison, Magoffin, Martin, Menifee, Monroe,
Montgomery, Morgan, Owsley, Perry, Pike, Powell,
Pulaski, Rockcastle, Rowan, Russell, Wayne, Whitley,
and Wolfe;
In Maryland, the counties of Allegany, Garrett, and
Washington;
In Mississippi the counties of Alcorn, Benton,
Calhoun, Chickasaw, Choctaw, Clay, Itawamba, Kemper,
Lee, Lowndes, Marshall, Monroe, Noxubee, Oktibbeha
Pontotoc, Prentiss, Tippah, Tishomingo, Union, Webster,
Winston, and Yalobusha;
In New York, the counties of Allegany, Broome,
Cattaraugus, Chautauqua, Chemung, Chenango, Cortland,
Delaware, Otsego, Schoharie, Schuyler, Steuben, Tioga,
and Tompkins;
In North Carolina, the counties of Alexander,
Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell,
Cherokee, Clay, Davie, Forsyth, Graham, Haywood,
Henderson, Jackson, McDowell, Macon, Madison, Mitchell,
Polk, Rutherford, Stokes, Surry, Swain, Transylvania,
Watauga, Wilkes, Yadkin, and Yancey;
In Ohio, the counties of Adams, Athens, Belmont,
Brown, Carroll, Clermont, Columbiana, Coshocton,
Gallia, Guernsey, Harrison, Highland, Hocking, Holmes,
Jackson, Jefferson, Lawrence, Meigs, Monroe, Morgan,
Muskingum, Noble, Perry, Pike, Ross, Scioto,
Tuscarawas, Vinton, and Washington;
In Pennsylvania, the counties of Allegheny,
Armstrong, Beaver, Bedford, Blair, Bradford, Butler,
Cambria, Cameron, Carbon, Centre, Clarion, Clearfield,
Clinton, Columbia, Crawford, Elk, Erie, Fayette,
Forest, Fulton, Greene, Huntingdon, Indiana, Jefferson,
Juniata, Lackawana, Lawrence, Luzerne, Lycoming,
McKean, Mercer, Mifflin, Monroe, Montour,
Northumberland, Perry, Pike, Potter, Schuylkill,
Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union,
Venango, Warren, Washington, Wayne, Westmoreland, and
Wyoming;
In South Carolina, the counties of Anderson,
Cherokee, Greenville, Oconee, Pickens, and Spartanburg;
In Tennessee, the counties of Anderson, Bledsoe,
Blount, Bradley, Campbell, Cannon, Carter, Claiborne,
Clay, Cocke, Coffee, Cumberland, De Kalb, Fentress,
Franklin, Grainger, Greene, Grundy, Hamblen, Hamilton,
Hancock, Hawkins, Jackson, Jefferson, Johnson, Knox,
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;
In Virginia, the counties of Alleghany, Bath,
Bland, Botetourt, Buchanan, Carroll, Craig, Dickenson,
Floyd, Giles, Grayson, Highland, Lee, Montgomery,
Pulaski, Rockbridge, Russell, Scott, Smyth, Tazewell,
Washington, Wise, and Wythe;
All counties of West Virginia.
No recommendation for any change in the definition of the
Appalachian region as set forth in this section shall be
proposed or considered by the Commission without a prior
resolution by the Committee on Environment and Public Works of
the Senate or the [Committee on Public Works and
Transportation] Committee on Transportation and Infrastructure
of the House of Representatives, directing a study of such
change.
The President is authorized and directed to make a study of
the extent to which portions of upper New York State which are
geographically part of the New England region or the
Appalachian region and share the social and economic
characteristics thereof should be included in either of such
regions. He shall submit the results of such study together
with his recommendations to Congress not later than [June 30,
1970] September 30, 2002.
severability
Sec. 404. If any provision of this Act, or the
applicability thereof to any person or circumstance, is held
invalid, the remainder of this Act, and the application of such
provision to other persons or circumstances, shall not be
affected thereby.
termination
Sec. 405. This Act, other than sections 201 and 403, shall
cease to be in effect on October 1, [2001] 2006.