US (United States) Code. Title 40. Subtitle IV. Chapter 143: Appalachian Regional Commission

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-CITE-

40 USC CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT

CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION

-HEAD-

CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION

-MISC1-

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Sec.

14301. Establishment, membership, and employees.

14302. Decisions.

14303. Functions.

14304. Recommendations.

14305. Liaison between Federal Government and Commission.

14306. Administrative powers and expenses.

14307. Meetings.

14308. Information.

14309. Personal financial interests.

14310. Annual report.

SUBCHAPTER II - FINANCIAL ASSISTANCE

14321. Grants and other assistance.

14322. Approval of development plans, strategy statements,

and projects.

-End-

-CITE-

40 USC SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT

CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-HEAD-

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-End-

-CITE-

40 USC Sec. 14301 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT

CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-HEAD-

Sec. 14301. Establishment, membership, and employees

-STATUTE-

(a) Establishment. - There is an Appalachian Regional Commission.

(b) Membership. -

(1) Federal and state members. - The Commission is composed of

the Federal Cochairman, appointed by the President by and with

the advice and consent of the Senate, and the Governor of each

participating State in the Appalachian region.

(2) Alternate members. - Each state 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 member for whom the

individual is an alternate. A state alternate shall not be

counted toward the establishment of a quorum of the Commission

when a quorum of the state members is required.

(3) Cochairmen. - The Federal Cochairman is one of the two

Cochairmen of the Commission. The state members shall elect a

Cochairman of the Commission from among themselves for a term of

not less than one year.

(c) Compensation. - The Federal Cochairman shall be compensated

by the Federal Government at level III of the Executive Schedule as

set out in section 5314 of title 5. The Federal Cochairman's

alternate shall be compensated by the Government at level V of the

Executive Schedule as set out in section 5316 of title 5. Each

state member and alternate shall be compensated by the State which

they represent at the rate established by law of that State.

(d) Delegation. -

(1) Powers and responsibilities. - Commission powers and

responsibilities specified in section 14302(c) and (d) of this

title, and the vote of any Commission member, may not be

delegated to an individual who is not a Commission member or who

is not entitled to vote in Commission meetings.

(2) Alternate federal cochairman. - The alternate to the

Federal Cochairman shall perform the functions and duties the

Federal Cochairman delegates when not actively serving as the

alternate.

(e) Executive Director. - The Commission has an executive

director. The executive director is responsible for carrying out

the administrative functions of the Commission, for directing the

Commission staff, and for other duties the Commission may assign.

(f) Status of Personnel. - Members, alternates, officers, and

employees of the Commission are not federal employees for any

purpose, except the Federal Cochairman, the alternate to the

Federal Cochairman, the staff of the Federal Cochairman, and

federal employees detailed to the Commission under section

14306(a)(3) of this title.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1256.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

14301(a), 40 App.:101(a)(1) Pub. L. 89-4, title I, Sec.

(b)(1) (1st, 3d sentences). 101(a)(1), (c), (d), Mar. 9,

1965, 79 Stat. 6; Pub. L.

94-188, title I, Secs.

103(1), (2), (4), (5), 104,

Dec. 31, 1975, 89 Stat.

1079, 1080; Pub. L. 105-393,

title II, Sec. 203(a)(1),

(b)(2), Nov. 13, 1998, 112

Stat. 3619.

14301(b)(2) 40 App.:101(c)

(1st-4th sentences).

14301(b)(3) 40 App.:101(a)(1)

(2d, last

sentences).

14301(c) 40 App.:101(d) (1st

sentence, 2d

sentence related to

compensation, last

sentence).

14301(d)(1) 40 App.:101(c)

(last sentence).

14301(d)(2) 40 App.:101(d) (2d

sentence related to

delegation).

14301(e) 40 App.:106(2) (2d Pub. L. 89-4, title I, Sec.

sentence). 106(2) (2d, last sentences),

Mar. 9, 1965, 79 Stat. 8;

Pub. L. 94-188, title I,

Sec. 108, Dec. 31, 1975, 89

Stat. 1081.

14301(f) 40 App.:106(2)

(last sentence).

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In subsection (e), the words "The Commission has an executive

director" are added for clarity.

-End-

-CITE-

40 USC Sec. 14302 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT

CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-HEAD-

Sec. 14302. Decisions

-STATUTE-

(a) Requirements for Approval. - Except as provided in section

14306(d) of this title, decisions by the Appalachian Regional

Commission require the affirmative vote of the Federal Cochairman

and of a majority of the state members, exclusive of members

representing States delinquent under section 14306(d).

(b) Consultation. - In matters coming before the Commission, the

Federal Cochairman, to the extent practicable, shall consult with

the federal departments and agencies having an interest in the

subject matter.

(c) Decisions Requiring Quorum of State Members. - A decision

involving Commission policy, approval of state, regional or

subregional development plans or strategy statements, modification

or revision of the Appalachian Regional Commission Code, allocation

of amounts among the States, or designation of a distressed county

or an economically strong county shall not be made without a quorum

of state members.

(d) Project and Grant Proposals. - The approval of project and

grant proposals is a responsibility of the Commission and shall be

carried out in accordance with section 14322 of this title.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1257.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

14302 40 App.:101(b). Pub. L. 89-4, title I, Sec.

101(b), Mar. 9, 1965, 79

Stat. 6; Pub. L. 94-188,

title I, Sec. 103(3), Dec.

31, 1975, 89 Stat. 1080;

Pub. L. 105-393, title II,

Sec. 203(c), Nov. 13, 1998,

112 Stat. 3619; Pub. L.

107-149, Sec. 13(a), Mar.

12, 2002, 116 Stat. 71.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14301, 14322 of this

title.

-End-

-CITE-

40 USC Sec. 14303 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT

CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-HEAD-

Sec. 14303. Functions

-STATUTE-

(a) In General. - In carrying out the purposes of this subtitle,

the Appalachian Regional Commission shall -

(1) develop, on a continuing basis, comprehensive and

coordinated plans and programs and establish priorities under

those plans and programs, giving due consideration to other

federal, state, and local planning in the Appalachian 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;

(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) Identify Needs and Goals of Subregional Areas. - 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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1258.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

14303 40 App.:102. Pub. L. 89-4, title I, Sec.

102, Mar. 9, 1965, 79 Stat.

7; Pub. L. 90-103, title I,

Sec. 102, Oct. 11, 1967, 81

Stat. 257; Pub. L. 94-188,

title I, Sec. 105, Dec. 31,

1975, 89 Stat. 1080; Pub. L.

107-149, Sec. 3, Mar. 12,

2002, 116 Stat. 66.

--------------------------------------------------------------------

TERMINATION OF ADVISORY COUNCILS

Advisory councils established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a council

established by the President or an officer of the Federal

Government, such council is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a council

established by the Congress, its duration is otherwise provided by

law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14305 of this title.

-End-

-CITE-

40 USC Sec. 14304 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT

CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-HEAD-

Sec. 14304. Recommendations

-STATUTE-

The Appalachian Regional Commission may make recommendations to

the President and to the Governors and appropriate local officials

with respect to -

(1) the expenditure of amounts by federal, state, and local

departments and agencies in the Appalachian region in the fields

of natural resources, agriculture, education, training, and

health and welfare and in other fields related to the purposes of

this subtitle; and

(2) additional federal, state, and local legislation or

administrative actions as the Commission considers necessary to

further the purposes of this subtitle.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1258.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

14304 40 App.:103. Pub. L. 89-4, title I, Sec.

103, Mar. 9, 1965, 79 Stat.

7.

--------------------------------------------------------------------

Before clause (1), the words "from time to time" are omitted as

unnecessary.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14305 of this title.

-End-

-CITE-

40 USC Sec. 14305 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT

CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-HEAD-

Sec. 14305. Liaison between Federal Government and Commission

-STATUTE-

(a) President. - The President shall provide effective and

continuing liaison between the Federal Government and the

Appalachian Regional Commission and a coordinated review within the

Government of the plans and recommendations submitted by the

Commission pursuant to sections 14303 and 14304 of this title.

(b) Interagency Coordinating Council on Appalachia. - In carrying

out subsection (a), the President shall establish the Interagency

Coordinating Council on Appalachia, to be composed of the Federal

Cochairman and representatives of federal agencies that carry out

economic development programs in the Appalachian region. The

Federal Cochairman is the Chairperson of the Council.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1259.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

14305(a) 40 App.:104(a). Pub. L. 89-4, title I, Sec.

104(a), Mar. 9, 1965, 79

Stat. 8; Pub. L. 107-149,

Sec. 4(1), Mar. 12, 2002,

116 Stat. 67.

14305(b) 40 App.:104(b) Pub. L. 89-4, title I, Sec.

104(b), as added Pub. L.

107-149, Sec. 4(2), Mar. 12,

2002, 116 Stat. 67.

--------------------------------------------------------------------

-End-

-CITE-

40 USC Sec. 14306 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT

CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-HEAD-

Sec. 14306. Administrative powers and expenses

-STATUTE-

(a) Powers. - To carry out its duties under this subtitle, the

Appalachian Regional Commission may -

(1) adopt, amend, and repeal bylaws 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 other personnel as necessary to enable the Commission to

carry out its functions, except that the compensation shall not

exceed the maximum rate of basic pay for the Senior Executive

Service under section 5382 of title 5, including any applicable

locality-based comparability payment that may be authorized under

section 5304(h)(2)(C) of title 5;

(3) request the head of any federal department or agency to

detail to temporary duty with the Commission personnel within the

administrative jurisdiction of the head of the department or

agency that the Commission may need for carrying out its

functions, each 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, subdivision or agency of a state or local

government, or intergovernmental agency;

(5)(A) make arrangements, including contracts, with any

participating state government for inclusion in a suitable

retirement and employee benefit system of Commission personnel

who may not be eligible for, or continue in, another governmental

retirement or employee benefit system; or

(B) otherwise provide for coverage of its personnel;

(6) accept, use, and dispose of gifts or donations of services

or any property;

(7) enter into and perform contracts, leases (including the

lease of office space for any term), cooperative agreements, or

other transactions, necessary in carrying out its functions, on

terms as it may consider appropriate, with any -

(A) department, agency, or instrumentality of the Federal

Government;

(B) State or political subdivision, agency, or

instrumentality of a State; or

(C) person;

(8) maintain a temporary office in the District of Columbia and

establish a permanent office at a central and appropriate

location it may select and field offices at other places it may

consider appropriate; and

(9) take other actions and incur other expenses as may be

necessary or appropriate.

(b) Authorizations. -

(1) Detail employees. - The head of a federal department or

agency may detail personnel under subsection (a)(3).

(2) Enter into and perform transactions. - A department,

agency, or instrumentality of the Government, to the extent not

otherwise prohibited by law, may enter into and perform a

contract, lease, cooperative agreement, or other transaction

under subsection (a)(7).

(c) Retirement and Other Employee Benefit Programs. - The

Director of the Office of Personnel Management may contract with

the Commission for continued coverage of Commission employees, if

the employees are federal employees when they begin Commission

employment, in the retirement program and other employee benefit

programs of the Government.

(d) Expenses. - Administrative expenses of the Commission shall

be paid equally by the Government and the States in the Appalachian

region, except that the expenses of the Federal Cochairman, the

alternate to the Federal Cochairman, and the staff of the Federal

Cochairman shall be paid only by the Government. The Commission

shall determine the amount to be paid by each State. The Federal

Cochairman shall not participate or vote in that determination.

Assistance authorized by this subtitle shall not be furnished to

any State or to any political subdivision or any resident of any

State, and a state member of the Commission shall not participate

or vote in any decision by the Commission, while the State is

delinquent in payment of its share of administrative expenses.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1259.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

14306(a) 40 App.:106(1), (2) Pub. L. 89-4, title I, Sec.

(1st sentence), (3) 106(1), (2) (1st sentence),

(less words in (3)-(9), Mar. 9, 1965, 79

parentheses), (4), Stat. 8; Pub. L. 90-103,

(5) (1st sentence), title I, Sec. 104, Oct. 11,

(6), (7) (less 1967, 81 Stat. 257; Pub. L.

words in last 92-65, title II, Sec. 203,

parentheses), (8), Aug. 5, 1971, 85 Stat. 168;

(9). Pub. L. 94-188, title I,

Sec. 107, Dec. 31, 1975, 89

Stat. 1080; Pub. L. 96-506,

Sec. 3(2), Dec. 8, 1980, 94

Stat. 2746; Pub. L 105-393,

title II, Secs. 205, 206,

Nov. 13, 1998, 112 Stat.

3619; Pub. L. 107-149, Sec.

13(b), Mar. 12, 2002, 116

Stat. 71.

14306(b) 40 App.:106(3)

(words in

parentheses), (7)

(words in last

parentheses).

14306(c) 40 App.:106(5)

(last sentence).

14306(d) 40 App.:105. Pub. L. 89-4, title I, Sec.

105, Mar. 9, 1965, 79 Stat.

8; Pub. L. 90-103, title I,

Sec. 103, Oct. 11, 1967, 81

Stat. 257; Pub. L. 91-123,

title I, Sec. 102, Nov. 25,

1969, 83 Stat. 214; Pub. L.

92-65, title II, Sec. 202,

Aug. 5, 1971, 85 Stat. 168;

Pub. L. 94-188, title I,

Sec. 106, Dec. 31, 1975, 89

Stat. 1080; Pub. L. 96-506,

Sec. 3(1), Dec. 8, 1980, 94

Stat. 2746; Pub. L. 97-35,

title XVIII, Sec.

1822(a)(1), Aug. 13, 1981,

95 Stat. 767; Pub. L.

105-393, title II, Sec. 204,

Nov. 13, 1998, 112 Stat.

3619.

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In subsection (a)(6), the words "any property" are substituted

for "property, real, personal, or mixed, tangible or intangible" to

eliminate unnecessary words.

In subsection (a)(7), before subclause (A), the words

"notwithstanding any other provision of law" are omitted as

unnecessary. In subclause (C), the words "firm, association, or

corporation" are omitted as being included in the definition of

"person" in 1:1.

In subsection (c), the words "Director of the Office of Personnel

Management" are substituted for "Civil Service Commission" in

section 106(5) of the Appalachian Regional Development Act of 1965

(Public Law 89-4, 79 Stat. 8) because of section 102 of

Reorganization Plan No. 2 of 1978 (eff. Jan. 1, 1979, 92 Stat.

3783).

In subsection (d), the word "amount" is substituted for "share"

for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14301, 14302, 14309 of

this title.

-End-

-CITE-

40 USC Sec. 14307 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT

CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-HEAD-

Sec. 14307. Meetings

-STATUTE-

(a) In General. - The Appalachian Regional Commission shall

conduct at least one meeting each year with the Federal Cochairman

and at least a majority of the state members present.

(b) Additional Meetings by Electronic Means. - The Commission may

conduct additional meetings by electronic means as the Commission

considers advisable, including meetings to decide matters requiring

an affirmative vote.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1260.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

14307 40 App.:101(a)(2). Pub. L. 89-4, title I, Sec.

101(a)(2), as added Pub. L.

105-393, title II, Sec.

203(a)(2), (b)(1), Nov. 13,

1998, 112 Stat. 3619.

--------------------------------------------------------------------

-End-

-CITE-

40 USC Sec. 14308 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT

CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-HEAD-

Sec. 14308. Information

-STATUTE-

(a) Actions of Commission. - To obtain information needed to

carry out its duties, the Appalachian Regional Commission shall -

(1) hold hearings, sit and act at times and places, take

testimony, receive evidence, and print or otherwise reproduce and

distribute so much of its proceedings and reports on the

proceedings as the Commission may deem advisable;

(2) arrange for the head of any federal, state, or local

department or agency to furnish to the Commission information as

may be available to or procurable by the department or agency;

and

(3) keep accurate and complete records of its doings and

transactions which shall be made available for -

(A) public inspection; and

(B) audit and examination by the Comptroller General or an

authorized representative of the Comptroller General.

(b) Authorizations. -

(1) Administer oaths. - A Cochairman of the Commission, or any

member of the Commission designated by the Commission, may

administer oaths when the Commission decides that testimony shall

be taken or evidence received under oath.

(2) Furnish information. - The head of any federal, state, or

local department or agency, to the extent not otherwise

prohibited by law, may carry out section (!1) (a)(2).

(c) Public Participation. - Public participation in the

development, revision, and implementation of all plans and programs

under this subtitle 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 public participation, including

public hearings.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1260.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

14308(a) 40 App.:107(a)(1) Pub. L. 89-4, title I, Sec.

(words before 5th 107, Mar. 9, 1965, 79 Stat.

comma), (2) (less 9; Pub. L. 94-188, title I,

words in Sec. 109, Dec. 31, 1975, 89

parentheses), (3). Stat. 1081.

14308(b)(1) 40 App.:107(a)(1)

(words after 5th

comma).

14308(b)(2) 40 App.:107(a)(2)

(words in

parentheses).

14308(c) 40 App.:107(b).

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In subsection (b)(1), the words "for the purpose" are omitted as

unnecessary.

-FOOTNOTE-

(!1) So in original. Probably should be "subsection".

-End-

-CITE-

40 USC Sec. 14309 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT

CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-HEAD-

Sec. 14309. Personal financial interests

-STATUTE-

(a) Conflict of Interest. -

(1) No role allowed. - Except as permitted by paragraph (2), an

individual who is a state member or alternate, or an officer or

employee of the Appalachian Regional Commission, shall not

participate personally and substantially as a member, alternate,

officer, or employee in any way in any particular matter in

which, to the individual's knowledge, any of the following has a

financial interest:

(A) the individual.

(B) the individual's spouse, minor child, or partner.

(C) an organization (except a State or political subdivision

of a State) in which the individual is serving as an officer,

director, trustee, partner, or employee.

(D) any person or organization with whom the individual -

(i) is serving as an officer, director, trustee, partner,

or employee; or

(ii) is negotiating or has any arrangement concerning

prospective employment.

(2) Exception. - Paragraph (1) does not apply if the individual

first advises the Commission of the nature and circumstances of

the particular matter and makes full disclosure of the financial

interest and receives in advance a written decision of the

Commission that the interest is not so substantial as to be

considered likely to affect the integrity of the services which

the Commission may expect from the individual.

(3) Criminal penalty. - An individual violating this subsection

shall be fined under title 18, imprisoned for not more than two

years, or both.

(b) Additional Sources of Salary Disallowed. -

(1) State member or alternate. - A state member or alternate

may not receive any salary, or any contribution to, or

supplementation of, salary, for services on the Commission from a

source other than the State of the member or alternate.

(2) Individuals detailed to commission. - An individual

detailed to serve the Commission under section 14306(a)(4) of

this title may not receive any salary, or any contribution to, or

supplementation of, salary, for services on the Commission from a

source other than the state, local, or intergovernmental

department or agency from which the individual was detailed or

from the Commission.

(3) Criminal penalty. - An individual violating this subsection

shall be fined under title 18, imprisoned for not more than one

year, or both.

(c) Federal Cochairman, Alternate to Federal Cochairman, and

Federal Officers and Employees. - The Federal Cochairman, the

alternate to the Federal Cochairman, and any federal officer or

employee detailed to duty with the Commission under section

14306(a)(3) of this title are not subject to this section but

remain subject to sections 202-209 of title 18.

(d) Rescission. - The Commission may 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)(1)

or (b) of this section or any of the provisions of sections 202-209

of title 18.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1261.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

14309(a)(1) 40 App.:108(a) (1st Pub. L. 89-4, title I, Sec.

sentence). 108, Mar. 9, 1965, 79 Stat.

9.

14309(a)(2) 40 App.:108(b).

14309(a)(3) 40 App.:108(a)

(last sentence).

14309(b) 40 App.:108(c).

14309(c) 40 App.:108(d).

14309(d) 40 App.:108(e).

--------------------------------------------------------------------

In subsection (a), the words "proceeding, application, request

for a ruling or other determination, contract, claim, controversy,

or other" are omitted as unnecessary.

In subsection (a)(1), before clause (A), the words "in any way"

are substituted for "through decision, approval, disapproval,

recommendation, the rendering of advice, investigation, or

otherwise" to eliminate unnecessary words.

In subsection (a)(3), the words "fined under title 18" are

substituted for "fined not more than $10,000" for consistency with

chapter 227 of title 18.

In subsection (b)(3), the words "fined under title 18" are

substituted for "fined not more than $5,000" for consistency with

chapter 227 of title 18.

In subsection (c), the words "Notwithstanding any other

subsection of this section" are omitted as unnecessary. The words

"this section" are substituted for "any such subsection" to correct

an apparent error in the source provision.

In subsection (d), the words "in its discretion" are omitted as

unnecessary.

-End-

-CITE-

40 USC Sec. 14310 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT

CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-HEAD-

Sec. 14310. Annual report

-STATUTE-

Not later than six months after the close of each fiscal year,

the Appalachian Regional Commission shall prepare and submit to the

Governor of each State in the Appalachian region and to the

President, for transmittal to Congress, a report on the activities

carried out under this subtitle during the fiscal year.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1262.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

14310 40 App.:304. Pub. L. 89-4, title III,

Sec. 304, Mar. 9, 1965, 79

Stat. 20.

--------------------------------------------------------------------

-End-

-CITE-

40 USC SUBCHAPTER II - FINANCIAL ASSISTANCE 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT

CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION

SUBCHAPTER II - FINANCIAL ASSISTANCE

-HEAD-

SUBCHAPTER II - FINANCIAL ASSISTANCE

-End-

-CITE-

40 USC Sec. 14321 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT

CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION

SUBCHAPTER II - FINANCIAL ASSISTANCE

-HEAD-

Sec. 14321. Grants and other assistance

-STATUTE-

(a) Authorization To Make Grants. -

(1) In general. - The Appalachian Regional Commission may make

grants -

(A) for administrative expenses, including the development of

areawide plans or action programs and technical assistance

activities, of local development districts, but -

(i) the amount of a grant shall not exceed 50 percent of

administrative expenses or, at the discretion of the

Commission, 75 percent of administrative expenses if the

grant is to a local development district that has a charter

or authority that includes the economic development of a

county or part of a county for which a distressed county

designation is in effect under section 14526 of this title;

(ii) grants for administrative expenses shall not be made

for a state agency certified as a local development district

for a period of more than three years beginning on the date

the initial grant is made for the development district; and

(iii) the local development district contributions for

administrative expenses may be in cash or in kind, fairly

evaluated, including space, equipment, and services;

(B) for assistance to States for a period of not more than

two years to strengthen the state development planning process

for the Appalachian region and the coordination of state

planning under this subtitle, the Public Works and Economic

Development Act of 1965 (42 U.S.C. 3121 et seq.), and other

federal and state programs; and

(C) for investigation, research, studies, evaluations, and

assessments of needs, potentials, or attainments of the people

of the region, technical assistance, training programs,

demonstrations, and the construction of necessary facilities

incident to those activities, which will further the purposes

of this subtitle.

(2) Limitation on available amounts. -

(A) In general. - Except as provided in subparagraph (B), 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 14526 of this title) of

the cost of any activity eligible for financial assistance

under this section may be provided from amounts appropriated to

carry out this subtitle.

(B) Discretionary grants. -

(i) Grants to which percentage limitation doesn't apply. -

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 be more than 10 percent of the

amount appropriated under section 14703 of this title for the

fiscal year.

(3) Sources of grants. - Grant amounts may be provided entirely

from appropriations to carry out this section, in combination

with amounts available under other federal or federal grant

programs, or from any other source.

(4) Federal share. - Notwithstanding any law limiting the

federal share in any other federal or federal grant program,

amounts appropriated to carry out this section may be used to

increase that federal share, as the Commission decides is

appropriate.

(b) Assistance for Demonstrations of Enterprise Development. -

(1) In general. - 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.

(2) Cooperation by federal agencies. - In carrying out the

purposes of this subtitle and in implementing this section, the

Secretary of Energy, the Environmental Protection Agency, and

other federal agencies shall cooperate with the Commission and

shall provide assistance that the Federal Cochairman may request.

(3) Available amounts. - In any fiscal year, not more than -

(A) $3,000,000 shall be obligated for energy resource related

demonstrations; and

(B) $2,500,000 shall be obligated for indigenous arts and

crafts demonstrations.

(c) Records. -

(1) Commission. - The Commission, as required by the President,

shall maintain accurate and complete records of transactions and

activities financed with federal amounts and report to the

President on the transactions and activities. The records of the

Commission with respect to grants are available for audit by the

President and the Comptroller General.

(2) Recipients of federal assistance. - Recipients of federal

assistance under this section, as required by the Commission,

shall maintain accurate and complete records of transactions and

activities financed with federal amounts and report to the

Commission on the transactions and activities. The records are be

available for audit by the President, the Comptroller General,

and the Commission.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1262.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

14321(a)(1) 40 Pub. L. 89-4, title III,

App.:302(a)(1)(A)- Sec. 302, Mar. 9, 1965, 79

(C) (1st sentence). Stat. 19; Pub. L. 90-103,

title I, Sec. 120, Oct. 11,

1967, 81 Stat. 264; Pub. L.

91-123, title I, Sec. 108,

Nov. 25, 1969, 83 Stat. 215;

Pub. L. 92-65, title II,

Sec. 211, Aug. 5, 1971, 85

Stat. 172; Pub. L. 94-188,

title I, Sec. 119, Dec. 31,

1975, 89 Stat. 1085; Pub. L.

105-393, title II, Secs.

218(d), 220(a)-(c)(1), Nov.

13, 1998, 112 Stat. 3623,

3624; Pub. L. 107-149, Secs.

9, 13(c), Mar. 12, 2002, 116

Stat. 70, 71.

14321(a)(2) 40 App.:302(a)(2).

14321(a)(3) 40

App.:302(a)(1)(C)

(2d sentence).

14321(a)(4) 40

App.:302(a)(1)(C)

(last sentence).

14321(b) 40 App.:302(b).

14321(c) 40 App.:302(c).

--------------------------------------------------------------------

In subsection (a)(2)(A), the words "after September 30, 1998" are

omitted as obsolete.

In subsection (b)(2), the words "including section 2(b)" are

omitted as unnecessary.

In subsection (c)(1), the words "or their duly authorized

representatives" are omitted because of 3:301 and 31:711(2).

In subsection (c)(2), the words "or their duly authorized

representatives" are omitted because of 3:301 and 31:711(2) and

because of the inferred authority of the Commission to delegate in

the absence of a prohibition. See section 14301(d) of the revised

title.

-REFTEXT-

REFERENCES IN TEXT

The Public Works and Economic Development Act of 1965, referred

to in subsec. (a)(1)(B), is Pub. L. 89-136, Aug. 26, 1965, 79 Stat.

552, as amended, which is classified generally to chapter 38 (Sec.

3121 et seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 3121 of Title 42 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14526 of this title.

-End-

-CITE-

40 USC Sec. 14322 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT

CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION

SUBCHAPTER II - FINANCIAL ASSISTANCE

-HEAD-

Sec. 14322. Approval of development plans, strategy statements, and

projects

-STATUTE-

(a) Annual Review and Approval Required. - The Appalachian

Regional Commission annually shall review and approve, in

accordance with section 14302 of this title, state and regional

development plans and strategy statements, and any multistate

subregional plans which may be developed.

(b) Application Process. - An application for a grant or for

other assistance for a specific project under this subtitle shall

be made through the state member of the Commission representing the

applicant. The state member shall evaluate the application for

approval. To be approved, the state member must certify, and the

Federal Cochairman must determine, that the application -

(1) implements the Commission-approved state development plan;

(2) is included in the Commission-approved strategy statement;

(3) adequately ensures that the project will be properly

administered, operated, and maintained; and

(4) otherwise meets the requirements for assistance under this

subtitle.

(c) Affirmative Vote Requirement Deemed Met. - After the

appropriate state development plan and strategy statement are

approved, certification by a state member, when joined by an

affirmative vote of the Federal Cochairman, is deemed to satisfy

the requirements for affirmative votes for decisions under section

14302(a) of this title.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1264.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

14322(a) 40 App.:303 (1st Pub. L. 89-4, title III,

sentence). Sec. 303, Mar. 9, 1965, 79

Stat. 20; Pub. L. 90-103,

title I, Sec. 121, Oct. 11,

1967, 81 Stat. 265; Pub. L.

94-188, title I, Sec. 120,

Dec. 31, 1975, 89 Stat.

1086; Pub. L. 107-149, Sec.

13(i), Mar. 12, 2002, 116

Stat. 72.

14322(b) 40 App.:303 (2d, 3d

sentences).

14322(c) 40 App.:303 (last

sentence).

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14302, 14502 of this

title.

-End-