40 U.S.C. § 14523 — Program implementation

(a) Requirements. A program or project authorized under this chapter cannot be implemented until: (1) the responsible federal official has decided that applications and plans relating to it are not incompatible with the federal laws that official administers, to the extent those laws are not inconsistent with this subtitle; and (2) the Appalachian Regional Commission has approved the program or project and determined that it (A) meets the applicable criteria under section 14524 of this title and the requirements of the development planning process under section 14525, and (B) will contribute to the development of the Appalachian region.

(b) Decision Is Controlling. A decision under subsection (a)(2) is controlling and must be accepted by the federal agencies.