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

(a) Factors To Be Considered. In considering programs and projects for assistance, and in setting a priority ranking among funding requests, the Commission must follow procedures that ensure consideration of: (1) how the project or class of projects relates to overall regional development, including whether it is located in a severely and persistently distressed county or area; (2) the population and area to be served, including per capita market income and unemployment rates there; (3) the relative financial resources available to the state or its political subdivisions or instrumentalities seeking the project; (4) how important the project or class of projects is compared to other projects competing for the same money; (5) the prospects that the project will improve — on a continuing rather than temporary basis — employment opportunities, average income, or the economic and social development of the area it serves; and (6) how well the project's design provides for detailed outcome measurements to evaluate the grant spending. (b) Limitation on Use. Financial assistance under this subtitle cannot be used to help a business relocate from one area to another. (c) Determination Required Before Amounts May Be Provided. Money can be provided for programs and projects in a state under this subtitle only if the Commission determines that federal and state financial assistance under other laws, for the same type of program or project in that part of the state within the Appalachian region, will not be reduced in order to be replaced by this subtitle's money. (d) Minimum Amount of Assistance to Distressed Counties and Areas. For each fiscal year, at least 50 percent of the grant spending the Commission approves must support activities or projects that benefit severely and persistently distressed counties and areas.