Volume 85 · 167
Public Law 92–65
To extend the Public Works and Economic Development Act of 1965 and the Appalachian Regional Development Act of 1905.
Approved August 5, 1971
Statutory text
AN ACT
To extend the Public Works and Economic Development Act of 1965 and the Appalachian Regional Development Act of 1905.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
TITLE I— THE PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965
Sec. 101.
This title may be cited as the “Public Works and Economic Development Act Amendments of 1971”.
Sec. 102.
Paragraph (1) of subsection (a) of section 101 of the Public Works and Economic Development Act of 1965 (42 U.S.C.
3131) is amended by striking out “and” at the end of subparagraph (B), by striking out the colon at the end of subparagraph (C) and inserting in lieu thereof the following: “; and”, and by adding at the end thereof the following:
“(D) in the case of a redevelopment area so designated under
Post, p. 167.
section 401(a)(6), the project to be undertaken will provide immediate useful work to unemployed and underemployed persons in that area.”.
Subsection (c) of section 101 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3131) is amended by inserting immediately following the first sentence thereof the following: “In the case of any State or political subdivision thereof which the Secretary determines has exhausted its effective taxing and borrowing capacity, the Secretary may reduce the non-Federal share below such per centum or may waive the non-Federal share in the case of such a grant for a project, in a redevelopment area designated as such under section 401(a) (6) of this Act,”.
Sec. 103.
Section 105 of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3135) is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: “and not to exceed $800,000,000 per fiscal year for the fiscal years ending June 30, 1972, and June 30, 1973. Any amounts authorized for the fiscal year ending June 30, 1972, under this section but not appropriated may be appropriated for the fiscal year ending June 30, 1973. Not less than 25 per centum nor more than 35 per centum of all appropriations made for the fiscal years ending June 30, 1972, and June 30, 1973, under authority of the preceding sentences shall be expended in redevelopment areas designated as such under section 401(a)(6) of this Act.”
Infra.
Sec. 104.
Subsection (c) of section 201 of the Public Works and
Loans, extension.
Economic Development Act of 1965 (42 U.S.C. 3141) is amended by striking out “June 30, 1971” and inserting in lieu thereof “June 30, 1973”.
Sec. 105.
Section 302 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3152) is amended by striking out “and June 30, 1971” and inserting in lieu thereof “June 30, 1971, June 30, 1972, and June 30, 1973”.
Sec. 106.
Section 401 of the Public Works and Economic Development
Area eligibility.
Act of 1965 (42 U.S.C. 3161) is amended as follows:
Paragraph (2) of subsection (a) is amended by striking out “40 per centum” and inserting in lieu thereof “50 per centum”.
Paragraph (6) of subsection (a) is amended to read as follows:
“(6) those communities or neighborhoods (defined without regard to political or other subdivisions or boundaries) which the Secretary determines have one of the following conditions:
“(A) a large concentration of low-income persons;
“(B) rural areas having substantial outmigration;
“(C) substantial unemployment; or
“(D) an actual or threatened abrupt rise of unemployment due to the closing or curtailment of a major source of employment.
No redevelopment area established under this paragraph shall be subject to the requirements of subparagraphs (A) and (C) of paragraph (1) of subsection (a) of section 101 of this Act. No
redevelopment area established under this paragraph shall be eligible to meet the requirements of section 403(a) (1) (B) of this Act;
“(7) those areas where per capita employment has declined significantly during the next preceding ten-year period for which appropriate statistics are available.”
Sec. 107.
The first sentence of section 402 of the Public Works and
Annual review.
Economic Development Act of 1965 (42 U.S.C. 3162) is amended by striking out “thereof” and all that follows down through and including the period at the end of the sentence and inserting in lieu thereof the following: “of such reviews shall terminate or modify such designation whenever such an area no longer satisfies the designation requirements of section 401, but in no event shall such a designation of an area be terminated prior to the expiration of the third year after the date such area was so designated.”
Sec. 108.
Subsection (g) of section 403 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3171) is amended by
striking out “June 30, 1971” and inserting in lieu thereof “June 30, 1973”.
Sec. 109.
Subsection (d) of section 509 of the Public Works and Economic
Grants-in-aid.
Development Act of 1965 (42 U.S.C. 3188a) is amended by striking out the period at the end of the first sentence thereof and inserting in lieu thereof a comma and the following: “and for the two-fiscal-year period ending June 30, 1973, to be available until expended, not to exceed $305,000,000.”
Sec. 110.
Section 512 of the Public Works and Economic Development
Alaska, development planning.
Act of 1965 (42 U.S.C. 3191) is amended to read as follows:
“Sec. 512.
There is hereby authorized to be appropriated not to exceed $500,000 for the two-fiscal-year period ending June 30, 1973, to continue the Federal Field Committee for Development Planning in Alaska for the purpose of planning economic development programs and projects in Alaska in cooperation with the government of the State of Alaska. Nothing contained in this section shall be construed as precluding the establishment of a regional commission for Alaska.”.
Sec. 111.
Section 2 of the Act of July 6, 1970 (Public Law 91–304) is amended by striking out “1971” and inserting in lieu thereof “1972”.
Sec. 112.
No person in the United States shall, on the ground of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance under the Public Works and Economic
Development Act of 1965.
TITLE II— APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965
Sec. 201.
This title may be cited as the “Appalachian Regional Development Act Amendments of 1971”.
Sec. 202.
The second sentence of subsection (b) of section 105 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C.
105) is amended to read as follows: “To carry out this section there is hereby authorized to be appropriated to the Commission, to be available until expended, not to exceed $2,700,000 for the two-fiscal-year period ending June 30, 1973 (of such amount not to exceed $525,000 shall be available for expenses of the Federal Cochairman, his alternate, and his staff), and not to exceed $3,300,000 for the two-fiscal-year period ending June 30, 1975 (of such amount not to exceed $575,000 shall be available for expenses of the Federal Cochairman, his alternate, and his staff).”.
Sec. 203.
Paragraph (7) of section 106 of the Appalachian Regional
Development Act of 1965 (40 App. U.S.C. 106) is amended by striking out “1971” and inserting in lieu thereof “1975”.
Sec. 204.
Subsection (g) of section 201 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 201) is amended to read as follows:
“(g) To carry out this section, there is hereby authorized to be appropriated to the President, to be available until expended, $175,000,000 for the fiscal year ending June 30, 1971; $175,000,000 for the fiscal year ending June 30, 1972; $180,000,000 for the fiscal year ending June 30, 1973; $180,000,000 for the fiscal year ending June 30, 1974; $185,000,000, for the fiscal year ending June 30, 1975; $185,000,000 for the fiscal year ending June 30, 1976; $185,000,000 for the fiscal year ending June 30, 1977; and $180,000,000 for the fiscal year ending June 30, 1978.”
Sec. 205.
There is inserted after section 207 of the Appalachian
Regional Development Act of 1965 (40 App. U.S.C. 207) a new section as follows:
“Sec. 208. “appalachian airport safety improvements
(a) In order to provide a system of airports in the Appalachian region which can accommodate a greater number of passengers in safety and thereby increase commerce and communication in areas with developmental potential, the Secretary of Transportation (hereafter in this section referred to as the ‘Secretary’) is authorized to make grants to existing airports for the purpose of enhancing the safety of aviation and airport operations.
“(b) Such airport safety improvement projects may include (A) approach clearance, the removal, lowering, relocation, and marking and lighting of airport hazards, navigation aids, site preparation for navigation aids, and the acquisition of adequate safety equipment (including firefighting and rescue equipment), and (B) any acquisition of land or of any interest therein, or of any easement through or other interest in airspace which is necessary for such projects or to remove or mitigate or prevent or limit the establishment of, airport hazards.
“(c) Grants under this section shall be made solely from funds specifically made available to the President for the purpose of carrying out this Act in accordance with the provisions of this Act, and shall not be taken into account in the computation of the allotments among the States made pursuant to any other provisions of law.
“(d) Except as context otherwise indicates, words and phrases used in this section shall have the same meaning as in the Airport and Airway Development Act of 1970 and the Federal Aviation Act of 1958,
as amended.
“(e) Federal assistance to any project under this section shall not exceed 90 per centum of the costs of the project, except for assistance for navigation aids which may be 100 per centum.
“(f) The Secretary is authorized to incur obligations to make grants for airport safety improvement projects, in a total amount not to exceed $40,000,000 during the period ending June 30, 1975. There are authorized to be appropriated to the President such sums as may be required for liquidation of the obligations incurred under this section.”
Sec. 206.
The third sentence of subsection (c) of section 202 of
Demonstration health projects.
the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 202) is amended by striking out “health services” and inserting in lieu
thereof the following: “health and child development services, including title IV, parts A and B, of the Social Security Act. Notwithstanding
any provision of the Social Security Act requiring assistance or services on a statewide basis, if a State provides assistance or services under such a program in any area of the region approved by the Commission, such State shall be considered as meeting such requirement”.
Subsection (d) of such section is amended by adding at the
end the, following: “The Federal contribution to such expenses of planning may be provided entirely from funds authorized under this section or in combination with funds provided under other Federal or Federal grant-in-aid programs. Notwithstanding any provision of law limiting the Federal snare in any such other program, funds appropriated to carry out this section may be used to increase such Federal share to the maximum percentage cost thereof authorized by this subsection.”
Sec. 207.
The first sentence of subsection (a)(1) of section 205
Mining area restoration.
of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 205) is amended by inserting before the period at the end:
“; and to control or abate mine drainage pollution.”
Subsection (b) of such section is amended to read as follows:
“(b) Notwithstanding any other provision of law, the Federal share of mining area restoration project costs carried out under subsection (a) of this section and conducted on lands other than federally owned lands shall not exceed 75 per centum of the total cost thereof. For the purposes of this section, such project costs may include the reasonable value (including donations) of planning, engineering, real property acquisition (limited to the reasonable value of the real property in its unreclaimed state and costs incidental to its acquisition, as determined by the Commission), and such other materials and services as may be required for such project.”
Sec. 208.
The catchline for section 207 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 207) is amended to read: “assistance for planning and other preliminary expenses OF proposed low- and moderate-income housing projects”.
Subsections (a), (b), and (c) of such section are amended to read as follows:
“(a) In order to encourage and facilitate the construction or rehabilitation of housing to meet the needs of low- and moderate-income families and individuals, the Secretary of Housing and Urban Development (hereafter in this section referred to as the ‘Secretary’) is authorized to make grants and loans from the Appalachian Housing Fund established by this section, under such terms and conditions as he may prescribe, to nonprofit, limited dividend, or cooperative organizations, or public bodies, for planning and obtaining federally insured mortgage financing for housing construction or rehabilitation projects for low- and moderate-income families and individuals, under
68 Stat. 599; 82 Stat. 477, 498.
section 221, 235, or 236 of the National Housing Act, in any area of the Appalachian region determined by the Commission.
“(b) No loan under subsection (a) of this section shall exceed 80 per centum of the cost of planning and obtaining financing for a project, including, but not limited to, preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, site options, application and mortgage commitment fees, legal fees, and construction loan fees and discounts. Such loans shall be made without interest, except that any loan made to an organization established for profit shall bear interest at the prevailing market rate authorized for an insured or guaranteed loan for such project. The Secretary shall require payments of loans made under this section, under such terms and conditions as he may require, upon completion of the project or sooner, and except in the case of a loan to an organization established for profit, may cancel any part or all of such a loan, if he determines that a permanent loan to finance such project cannot be obtained in an amount adequate for repayment of such loan under this section.
“(c) (1) Except as provided in paragraph (2) of this subsection, no grant under this section shall exceed 80 per centum of those expenses, incident to planning and obtaining financing for a project, which the Secretary considers not to be recoverable from the proceeds of any permanent loan made to finance such project, and no such grant shall be made to an organization established for profit.
“(2) The Secretary is authorized to make grants and commitments for grants, and may advance funds under such terms and conditions as he may require, to nonprofit organizations and public bodies for reasonable site development costs and necessary offsite improvements, such as sewer and water line extensions, whenever such a grant, commitment, or advance is essential to the economic feasibility of any housing construction or rehabilitation project for low- and moderate-income families and individuals which otherwise meets the requirements for assistance under this section, except that no such grant shall exceed 10 per centum of the cost of such project.”
Subsection (e) of such section is amended by striking out “The Secretary is further authorized to” and inserting in lieu thereof “The Secretary or the Commission may”.
Sec. 209.
The catchline for section 211 of the Appalachian
Regional Development Act of 1965 (40 App. U.S.C. 211) is amended by adding at the end “and vocational and technical education demonstration projects”.
The first sentence of subsection (a) of such section is amended by inserting “and operation” after “equipment”.
Subsection (b) of such section is amended to read as follows:
“(b) (1) In order to assist in the expansion and improvement of educational opportunities and services for the people of the region, the Secretary of the Department of Health, Education, and Welfare is authorized to make grants for planning, construction, equipping, and operating vocational and technical educational projects which will serve to demonstrate areawide educational planning, services, and programs. Grants under this section shall be made solely out of funds specifically appropriated for the purposes of this Act and shall not be taken into account in any computation of allotments among the States pursuant to any other law.
“(2) No grant for the construction or equipment of any component of a vocational and technical education demonstration project shall exceed 80 per centum of its costs.
“(3) Grants under this section for operation of components of vocational and technical education demonstration projects, whether or not constructed by funds authorized by this Act, may be made for up to 100 per centum of the costs thereof for the two-year period beginning on the first day that such component is in operation as a part of the project. For the next three years of operation, such grants shall not exceed 75 per centum of such costs. No grants for operation of vocational and technical education demonstration projects shall be made after five years following the commencement of the initial grant for operation of the project. Notwithstanding section 104 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3134), an
education-related facility constructed under title I of that Act may be a component of a vocational and technical education demonstration project eligible for operating grant assistance under this section.
“(4) No grant for expenses of planning necessary for the development and operation of a vocational and technical education demonstration project shall exceed 75 per centum of such expenses.
“(5) No grant for planning, construction, operation, or equipment of a vocational and technical education demonstration project shall be made unless the facility is publicly owned.
“(6) Any Federal contribution referred to in this section may be provided entirely from funds appropriated to carry out this section, or in combination with funds available under other Federal grant-in-aid programs providing assistance for education-related facilities or services. Notwithstanding any provision of law limiting the Federal share in such programs, funds appropriated to carry out this section may be used to increase such Federal share to the maximum percentage cost thereof authorized by the applicable paragraph of this subsection.”
Sec. 210.
Section 214(a) of the Appalachian Regional Development
Grants-in-aid.
Act of 1965 (40 App. U.S.C. 214) is amended to read as
follows:
“(a) In order to enable the people, States, and local communities of the region, including local development districts, to take maximum advantage of Federal grant-in-aid programs (as hereinafter defined) 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 funds available under the Federal grant-in-aid Act authorizing such programs to meet pressing needs of the region, the President is authorized to provide funds to the Federal Cochairman to be used for all or any portion of the basic Federal contribution to projects under such Federal grant-in-aid programs authorized by Federal grant-in-aid Acts, and for the purpose of increasing the Federal contribution to projects under such programs, as hereafter defined, above the fixed maximum portion of the cost of such projects otherwise authorized by the applicable law. In the case of any program or project for which all or any portion of the basic Federal contribution to the project under a Federal grant-in-aid program is proposed to be made under this subsection, no such Federal contribution shall be made until the responsible Federal official administering the Federal grant-in-aid Act authorizing such contribution certifies that such program or project meets the applicable requirements of such Federal grant-in-aid Act and could be approved for Federal contribution under such Act if funds were available under such Act for such program or project. Funds may be provided for programs and projects in a State under this subsection only if the Commission determines that the level of Federal and State financial assistance under Acts other than this Act, for the same type of programs or projects in that portion of the State within the region, will not be diminished in order to substitute funds authorized by this subsection. Funds provided pursuant to this Act shall be available without regard to any limitations on areas eligible for assistance or authorizations for appropriation in any other Act. Any findings, 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 any Federal grant-in-aid program shall be accepted by the Federal Cochairman with respect to a supplemental grant for any project under such program.”
The first sentence of subsection (c) of such section is amended by striking out “December 31, 1970” and inserting in lieu thereof “December 31, 1974”.
Sec. 211.
Subsection (a)(2) of section 302 of the Appalachian
Regional Development Act of 1965 (40 App. U.S.C. 302) is amended to read as follows:
“(2) to make grants to the Commission 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 such activities, which will further the purposes of this Act. Grant funds may be provided entirely from appropriations to carry out this section or in combination with funds available under other Federal or Federal grant-in-aid programs or from any other source. Notwithstanding any provision of law limiting the Federal share in any such other program, funds appropriated to carry out this section may be used to increase such Federal share, as the Commission determines appropriate.”
Sec. 212.
Section 401 of the Appalachian Regional Development Act
of 1965 (40 App. U.S.C. 401) is amended to read as follows:
“Sec. 401.
In addition to the appropriations authorized in section 105 for administrative expenses, in section 201 for the Appalachian Development Highway System and Local Access Roads, and in section 208 for Appalachian Airport Safety Improvements, there is hereby authorized to be appropriated to the President, to be available until expended, to carry out this Act, $268,500,000 for the two-fiscal-year period ending June 30, 1971; $282,000,000 for the two-fiscal-year period ending June 30, 1973; and $294,000,000 for the two-fiscal-year period ending June 30, 1975.”
Sec. 213.
Section 405 of the Appalachian Regional Development
Termination.
Act of 1965 (40 App. U.S.C. 405) is amended by striking “1971” and
inserting in lieu thereof “1975”.
Sec. 214.
No person in the United States shall, on the ground of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance under the Appalachian Regional Development Act of 1965.
Approved August 5, 1971.