40 U.S.C. § 14507 — Supplements to federal grant programs
submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 790 words · no verdicts yet
This section lets the Appalachian Regional Commission's Federal Cochairman top up other federal grant programs in Appalachia. It covers grants for land, facilities, and community or economic development — but not highway construction or non-grant aid. The Commission can pay part of the required local match or raise a program's normal federal cost share. The Commission's own contribution is capped at 50 percent normally, or up to 80 percent in distressed counties.
(a) Definition.
(1) "Federal grant programs" means federal grant programs that fund acquiring or developing land, building or equipping facilities, or other community or economic development or economic-adjustment activities — including programs authorized by a specific list of laws: the Consolidated Farm and Rural Development Act, chapter 2003 of title 54, the Watershed Protection and Flood Prevention Act, the Carl D. Perkins Career and Technical Education Act of 2006, the Federal Water Pollution Control Act (the Clean Water Act), title VI of the Public Health Services Act, sections 201 and 209 of the Public Works and Economic Development Act of 1965, title I of the Housing and Community Development Act of 1974, and part IV of title III of the Communications Act of 1934. It does not include the Appalachian development highway system program under section 14501, any other highway or road construction program under title 23, or any program where the assistance offered is not a grant.
(2) Any sewage treatment works built under title II of the Federal Water Pollution Control Act, even without federal grant money, is treated as if it were built with that grant assistance, for purposes of this section.
(b) Purpose. So the people, states, and local communities of the Appalachian region — including local development districts — can fully use federal grant programs they qualify for but cannot afford to match, or where a federal program does not have enough money for the region's pressing needs, the Federal Cochairman can use this section's money: (1) to pay part of the basic federal contribution to projects or activities under those federal grant programs; and (2) to raise the federal contribution above the fixed maximum share that program's own authorizing law otherwise allows.
(c) Certification Required. Before any of this section's money helps fund the basic federal contribution to a program, project, or activity, the responsible federal official who administers that grant program must certify that it meets that program's applicable requirements and could be approved for federal contribution if money were available under that law.
(d) Limitations in Other Laws Inapplicable. Money provided under this subtitle is available without regard to any other law's limits on eligible areas or authorizations for appropriation.
(e) Acceptance of Certain Material. For a supplemental grant under a federal grant program, the Federal Cochairman must accept any finding, report, certification, or documentation otherwise required to be submitted to the head of the federal department, agency, or instrumentality responsible for that program.
(f) Federal Share. The federal share of a project or activity's cost: (1) cannot be raised above whatever percentage the Commission sets; and (2) can never be more than 80 percent of the cost.
(g) Maximum Commission Contribution.
(1) In general. Subject to paragraphs (2) and (3), the Commission itself may contribute up to 50 percent of an eligible project or activity's cost, from money appropriated for this subtitle.
(2) Distressed counties. That maximum can rise to 80 percent for a project or activity in a county with a "distressed" designation under section 14526.
(3) At-risk counties. That maximum can rise to 70 percent for a project in a county with an "at-risk" designation under section 14526.
In this section, the term “federal grant programs”—
means any federal grant program that provides assistance for the acquisition or development of land, the construction or equipment of facilities, or other community or economic development or economic adjustment activities, including a federal grant program authorized by—
the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.);
chapter 2003 of title 54;
the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.);
the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.);
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (known as the Clean Water Act);
title VI of the Public Health Services Act (42 U.S.C. 291 et seq.);
sections 201 and 209 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141, 3149);
title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.); and
part IV of title III of the Communications Act of 1934 (47 U.S.C. 390 et seq.); but
does not include—
the program for the construction of the development highway system authorized by section 14501 of this title or any other program relating to highway or road construction authorized by title 23; or
any other program to the extent that financial assistance other than a grant is authorized.
For the purpose of this section, any sewage treatment works constructed pursuant to title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) (known as the Clean Water Act) without federal grant assistance under that title is deemed to be constructed with that assistance.
To enable the people, States, and local communities of the Appalachian region, including local development districts, to take maximum advantage of federal grant programs 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 amounts available under the federal law authorizing the programs to meet pressing needs of the region, the Federal Cochairman may use amounts made available to carry out this section—
for any part of the basic federal contribution to projects or activities under the federal grant programs authorized by federal laws; and
to increase the federal contribution to projects and activities under the programs above the fixed maximum part of the cost of the projects or activities otherwise authorized by the applicable law.
For a program, project, or activity for which any part of the basic federal contribution to the project or activity under a federal grant program is proposed to be made under subsection (b), the contribution shall not be made until the responsible federal official administering the federal law authorizing the contribution certifies that the program, project, or activity meets the applicable requirements of the federal law and could be approved for federal contribution under that law if amounts were available under the law for the program, project, or activity.
Amounts provided pursuant to this subtitle are available without regard to any limitations on areas eligible for assistance or authorizations for appropriation in any other law.
For a supplemental grant for a project or activity under a federal grant program, the Federal Cochairman shall accept any finding, 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 the program.
The federal portion of the cost of a project or activity shall not—
be increased to more than the percentages the Commission establishes; nor
be more than 80 percent of the cost.
Subject to paragraphs (2) and (3), the Commission may contribute not more than 50 percent of a project or activity cost eligible for financial assistance under this section from amounts appropriated to carry out this subtitle.
The maximum Commission contribution for a project or activity to be carried out in a county for which a distressed county designation is in effect under section 14526 of this title may be increased to 80 percent.
The maximum Commission contribution for a project to be carried out in a county for which an at-risk county designation is in effect under section 14526 may be increased to 70 percent.
Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1272; Pub. L. 109–270, § 2(j), Aug. 12, 2006, 120 Stat. 748; Pub. L. 110–371, § 2(g), Oct. 8, 2008, 122 Stat. 4040; Pub. L. 113–287, § 5(j)(7), Dec. 19, 2014, 128 Stat. 3269.)
- 2002Enacted · Pub. L. 107-217 · 116 Stat. 1272
- 2006Amended · Pub. L. 109-270 · 120 Stat. 748
- 2008Amended · Pub. L. 110-371 · 122 Stat. 4040
- 2014Amended · Pub. L. 113-287 · 128 Stat. 3269
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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