§ 14526. Distressed, at-risk, and economically strong counties

Statutory text

Designations.—

In general.—

The Appalachian Regional Commission, in accordance with criteria the Commission may establish, each year shall—

designate as “distressed counties” those counties in the Appalachian region that are the most severely and persistently distressed;

designate as “at-risk counties” those counties in the Appalachian region that are most at risk of becoming economically distressed; and

designate two categories of economically strong counties, consisting of—

“competitive counties”, which shall be those counties in the region that are approaching economic parity with the rest of the United States; and

“attainment counties”, which shall be those counties in the region that have attained or exceeded economic parity with the rest of the United States.

Annual review of designations.—

The Commission shall—

conduct an annual review of each designation of a county under paragraph (1) to determine if the county still meets the criteria for the designation; and

renew the designation for another one-year period only if the county still meets the criteria.

Distressed Counties.—

In program and project development and implementation and in the allocation of appropriations made available to carry out this subtitle, the Commission shall give special consideration to the needs of counties for which a distressed county designation is in effect under this section.

Economically Strong Counties.—

Competitive counties.—

Except as provided in paragraphs (3) and (4), assistance under this subtitle for a project that is carried out in a county for which a competitive county designation is in effect under this section shall not be more than 30 percent of the project cost.

Attainment counties.—

Except as provided in paragraphs (3) and (4), amounts may not be provided under this subtitle for a project that is carried out in a county for which an attainment county designation is in effect under this section.

Exceptions.—

Paragraphs (1) and (2) do not apply to—

a project on the Appalachian development highway system authorized by section 14501 of this title;

a local development district administrative project assisted under section 14321(a)(1)(A) of this title; or

a multicounty project that is carried out in at least two counties designated under this section if—

at least one of the participating counties is designated as a distressed county under this section; and

the project will be of substantial direct benefit to at least one distressed county.

Waiver.—

In general.—

The Commission may waive the requirements of paragraphs (1) and (2) for a project when the recipient of assistance for the project shows the existence of any of the following:

a significant pocket of distress in the part of the county in which the project is carried out.

a significant potential benefit from the project in at least one area of the region outside the designated county.

Reports to congress.—

The Commission shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report describing each waiver granted under subparagraph (A) during the period covered by the report.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2002
Pub. L. 107–217 · 116 Stat. 1062
Enacted · 40 U.S.C. § 14526
Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1277
Source evidence
Code source credit
Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1277
2008
Appalachian Regional Development Act Amendments of 2008
Pub. L. 110–371 § 4(a)(1) · 122 Stat. 4037
Inserted · 40 U.S.C. § 14526
Pub. L. 110–371, § 4(a)(1), inserted “, at-risk,” after “Distressed” in section catchline
Source evidence
Code amendment note
Pub. L. 110–371, § 4(a)(1), inserted “, at-risk,” after “Distressed” in section catchline.
Enacted provision · exact public law section
(1) in the section heading by inserting “, at-risk,” after “Distressed”; and
2008
Appalachian Regional Development Act Amendments of 2008
Pub. L. 110–371 § 4(a)(2) · 122 Stat. 4037
1. Added · 40 U.S.C. § 14526(a)(1)(B); 40 U.S.C. § 14526(a)(1)(C)
  Pub. L. 110–371, § 4(a)(2), added subpar. (B)
2. Redesignated · 40 U.S.C. § 14526(a)(1)(B); 40 U.S.C. § 14526(a)(1)(C)
  Pub. L. 110–371, § 4(a)(2), redesignated former subpar. (B) as (C)
Source evidence
Code amendment note
Subsec. (a)(1)(B), (C). Pub. L. 110–371, § 4(a)(2), added subpar. (B) and redesignated former subpar. (B) as (C).
Enacted provision · exact public law section
(2) in subsection (a)(1)— (A) by redesignating subparagraph (B) as subparagraph (C); (B) in subparagraph (A) by striking “and” at the end; and (C) by inserting after subparagraph (A) the following: “(B) designate as ‘at-risk counties’ those counties in the Appalachian region that are most at risk of becoming economically distressed; and” .

3 of 4 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
RevisedSection	Source (U.S. Code)	Source (Statutes at Large)
14526	40 App.:226.	Pub. L. 89–4, title II, § 226, as added Pub. L. 105–393, title II, § 219, Nov. 13, 1998, 112 Stat. 3623.

In subsection (a)(1), before clause (A), the words “Not later than 90 days after November 13, 1988” are omitted as obsolete.

Editorial Notes

Amendments

2008—Pub. L. 110–371, § 4(a)(1), inserted “, at-risk,” after “Distressed” in section catchline.

Subsec. (a)(1)(B), (C). Pub. L. 110–371, § 4(a)(2), added subpar. (B) and redesignated former subpar. (B) as (C).

Credits

2002–2008 · 2 acts

2002Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1277
2008Pub. L. 110–371, § 4(a), Oct. 8, 2008, 122 Stat. 4041.

Show as published

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1277; Pub. L. 110–371, § 4(a), Oct. 8, 2008, 122 Stat. 4041.)