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

submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 899 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the Appalachian Regional Commission give grants for local planning, state development programs, and research in the Appalachian region. It caps how much of a project's cost the Commission can cover, with higher caps for distressed or at-risk counties. It also requires grant recipients to keep records for audits.

(a) Authorization To Make Grants — (1) In general: The Commission may make grants for: (A) local development districts' administrative expenses (planning, technical assistance) — normally capped at 50% of those expenses, but up to 75% for a district serving a county with a "distressed county" designation, and up to 70% for one serving a county with an "at-risk county" designation (both under section 14526); a state agency certified as a local development district can only get these administrative grants for up to three years from its first grant; and the district's own contribution can be cash or in-kind (like space, equipment, or services), fairly valued. (B) helping states strengthen their development planning process for up to two years, coordinating with this subtitle, the Public Works and Economic Development Act of 1965, and other federal and state programs. (C) research, studies, evaluations, assessments, technical assistance, training, demonstrations, and building facilities needed for those activities, to further this subtitle's purposes. (2) Limitation on available amounts: (A) Normally the Commission can fund up to 50% of an eligible activity's cost; up to 80% in a "distressed county"; up to 70% in an "at-risk county." (B) Discretionary grants for major regional initiatives, special opportunities, or emergency economic distress are not bound by those percentage caps — but the total of these discretionary grants in a fiscal year cannot exceed 10% of the amount appropriated under section 14703 for that year, except that discretionary grants responding to COVID-19 economic distress don't count toward that 10% cap. (3) Sources of grants: Money for grants can come from appropriations for this section, combined with other federal programs, or from any other source. (4) Federal share: Even if another federal program normally limits its own federal cost-share, money appropriated under this section can be used to raise that share, however much the Commission decides is right. (b) Assistance for Demonstrations of Enterprise Development — (1) The Commission may fund demonstration projects for enterprise development — including buying or developing sites when needed — connected to developing the region's energy resources and to developing and encouraging the region's local arts and crafts. (2) The Secretary of Energy, the EPA, and other federal agencies must cooperate with the Commission and give whatever assistance the Federal Cochairman asks for. (3) In any fiscal year, no more than $3,000,000 may go to energy-resource demonstrations, and no more than $2,500,000 to indigenous arts-and-crafts demonstrations. (c) Records — (1) The Commission must keep accurate, complete records of what it does with federal money and report to the President, as the President requires. The President and the Comptroller General can audit these records. (2) People who get federal assistance under this section must likewise keep accurate records and report to the Commission, as the Commission requires, and those records can be audited by the President, the Comptroller General, and the Commission.
the actual law source: uscode.house.gov ↗public domain
(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 the grant shall not exceed—

(I)

50 percent of administrative expenses;

(II)

at the discretion of the Commission, if the grant is to a local development district that has a charter or authority that includes the economic development of a county or a part of a county for which a distressed county designation is in effect under section 14526, 75 percent of administrative expenses; or

(III)

at the discretion of the Commission, if the grant is to a local development district that has a charter or authority that includes the economic development of a county or a part of a county for which an at-risk county designation is in effect under section 14526, 70 percent of administrative expenses;

(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), of the cost of any activity eligible for financial assistance under this section, not more than—

(i)

50 percent may be provided from amounts appropriated to carry out this subtitle;

(ii)

in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this subtitle; or

(iii)

in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this subtitle.

(B)Discretionary grants.—
(i)Grants to which percentage 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, except that a discretionary grant to respond to economic distress directly related to the impacts of the Coronavirus Disease 2019 (COVID–19) shall not be included in such aggregate amount.

(3)Sources of grants.—

Grant amounts may be provided entirely from appropriations to carry out this section, in combination with amounts available under other federal or 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 1 available for audit by the President, the Comptroller General, and the Commission.

Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1262; Pub. L. 110–371, § 2(a), Oct. 8, 2008, 122 Stat. 4037; Pub. L. 116–136, div. B, title IV, § 14004, Mar. 27, 2020, 134 Stat. 526.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-217 · 116 Stat. 1262
  • 2008Amended · Pub. L. 110-371 · 122 Stat. 4037
  • 2020Amended · Pub. L. 116-136 · 134 Stat. 526

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.

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