[110th Congress Public Law 371]
[From the U.S. Government Printing Office]


[DOCID: f:publ371.110]

[[Page 122 STAT. 4037]]

Public Law 110-371
110th Congress

                                 An Act


 
  To reauthorize and improve the program authorized by the Apalachian 
  Regional Development Act of 1965. <<NOTE: Oct. 8, 2008 -  [S. 496]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Appalachian 
Regional Development Act Amendments of 2008.>> 
SECTION 1. <<NOTE: 40 USC 101 note.>> SHORT TITLE.

    This Act may be cited as the ``Appalachian Regional Development Act 
Amendments of 2008''.
SEC. 2. <<NOTE: Grants.>> LIMITATION ON AVAILABLE AMOUNTS; MAXIMUM 
                    COMMISSION CONTRIBUTION.

    (a) Grants and Other Assistance.--Section 14321(a) of title 40, 
United States Code, is amended--
            (1) in paragraph (1)(A) by striking clause (i) and inserting 
        the following:
                          ``(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;''; and
            (2) in paragraph (2) by striking subparagraph (A) and 
        inserting the following:
                    ``(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

[[Page 122 STAT. 4038]]

                          ``(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) Demonstration Health Projects.--Section 14502 of title 40, 
United States Code, is amended--
            (1) in subsection (d) by striking paragraph (2) and 
        inserting the following:
            ``(2) Limitation on available amounts.--Grants under this 
        section for the operation (including initial operating amounts 
        and operating deficits, which include the cost of attracting, 
        training, and retaining qualified personnel) of a demonstration 
        health project, whether or not constructed with amounts 
        authorized to be appropriated by this section, may be made for 
        up to--
                    ``(A) 50 percent of the cost of that operation;
                    ``(B) 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 of the cost of 
                that operation; or
                    ``(C) in the case of a project to be carried out for 
                a county for which an at-risk county designation is in 
                effect under section 14526, 70 percent of the cost of 
                that operation.''; and
            (2) in subsection (f)--
                    (A) in paragraph (1) by striking ``paragraph (2)'' 
                and inserting ``paragraphs (2) and (3)''; and
                    (B) by adding at the end the following:
            ``(3) At-risk counties.--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 the lesser of--
                    ``(A) 70 percent; or
                    ``(B) the maximum Federal contribution percentage 
                authorized by this section.''.

    (c) Assistance for Proposed Low- and Middle-Income Housing 
Projects.--Section 14503 of title 40, United States Code, is amended--
            (1) in subsection (d) by striking paragraph (1) and 
        inserting the following:
            ``(1) Limitation on available amounts.--A loan under 
        subsection (b) for the cost of planning and obtaining financing 
        (including the cost of 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) of a 
        project described in that subsection may be made for up to--
                    ``(A) 50 percent of that cost;
                    ``(B) 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 of that cost; or
                    ``(C) in the case of a project to be carried out for 
                a county for which an at-risk county designation is in 
                effect under section 14526, 70 percent of that cost.''; 
                and
            (2) in subsection (e) by striking paragraph (1) and 
        inserting the following:

[[Page 122 STAT. 4039]]

            ``(1) In general.--A grant under this section for expenses 
        incidental to planning and obtaining financing for a project 
        under this section that the Secretary considers to be 
        unrecoverable from the proceeds of a permanent loan made to 
        finance the project shall--
                    ``(A) not be made to an organization established for 
                profit; and
                    ``(B) except as provided in paragraph (2), not 
                exceed--
                          ``(i) 50 percent of those expenses;
                          ``(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 of those expenses; 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 of those expenses.''.

    (d) Telecommunications and Technology Initiative.--Section 14504 of 
title 40, United States Code, is amended by striking subsection (b) and 
inserting the following:
    ``(b) Limitation on Available Amounts.--Of the cost of any activity 
eligible for a grant under this section, not more than--
            ``(1) 50 percent may be provided from amounts appropriated 
        to carry out this section;
            ``(2) 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 section; or
            ``(3) 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 section.''.

    (e) Entrepreneurship Initiative.--Section 14505 of title 40, United 
States Code, is amended by striking subsection (c) and inserting the 
following:
    ``(c) Limitation on Available Amounts.--Of the cost of any activity 
eligible for a grant under this section, not more than--
            ``(1) 50 percent may be provided from amounts appropriated 
        to carry out this section;
            ``(2) 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 section; or
            ``(3) 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 section.''.

    (f) Regional Skills Partnerships.--Section 14506 of title 40, United 
States Code, is amended by striking subsection (d) and inserting the 
following:
    ``(d) Limitation on Available Amounts.--Of the cost of any activity 
eligible for a grant under this section, not more than--
            ``(1) 50 percent may be provided from amounts appropriated 
        to carry out this section;
            ``(2) in the case of a project to be carried out in a county 
        for which a distressed county designation is in effect under

[[Page 122 STAT. 4040]]

        section 14526, 80 percent may be provided from amounts 
        appropriated to carry out this section; or
            ``(3) 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 section.''.

    (g) Supplements to Federal Grant Programs.--Section 14507(g) of 
title 40, United States Code, is amended--
            (1) in paragraph (1) by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)''; and
            (2) by adding at the end the following:
            ``(3) At-risk counties.--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.''.
SEC. 3. ECONOMIC AND ENERGY DEVELOPMENT INITIATIVE.

    (a) In General.--Subchapter I of chapter 145 of subtitle IV of title 
40, United States Code, is amended by adding at the end the following:
``Sec. 14508. Economic and energy development initiative

    ``(a) Projects To Be Assisted.--The Appalachian Regional Commission 
may provide technical assistance, make grants, enter into contracts, or 
otherwise provide amounts to persons or entities in the Appalachian 
region for projects and activities--
            ``(1) to promote energy efficiency in the Appalachian region 
        to enhance the economic competitiveness of the Appalachian 
        region;
            ``(2) to increase the use of renewable energy resources, 
        particularly biomass, in the Appalachian region to produce 
        alternative transportation fuels, electricity, and heat; and
            ``(3) to support the development of regional, conventional 
        energy resources to produce electricity and heat through 
        advanced technologies that achieve a substantial reduction in 
        emissions, including greenhouse gases, over the current 
        baseline.

    ``(b) Limitation on Available Amounts.--Of the cost of any activity 
eligible for a grant under this section, not more than--
            ``(1) 50 percent may be provided from amounts appropriated 
        to carry out this section;
            ``(2) 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 section; or
            ``(3) 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 section.

    ``(c) Sources of Assistance.--Subject to subsection (b), grants 
provided under this section may be provided from amounts made available 
to carry out this section in combination with amounts made available 
under other Federal programs or from any other source.
    ``(d) Federal Share.--Notwithstanding any provision of law limiting 
the Federal share under any other Federal program, amounts made 
available to carry out this section may be used

[[Page 122 STAT. 4041]]

to increase that Federal share, as the Commission decides is 
appropriate.''.
    (b) Conforming Amendment.--The analysis for chapter 145 of title 40, 
United States Code, is amended by inserting after the item relating to 
section 14507 the following:

``14508. Economic and energy development initiative.''.

SEC. 4. DISTRESSED, AT-RISK, AND ECONOMICALLY STRONG COUNTIES.

    (a) Designation of At-Risk Counties.--Section 14526 of title 40, 
United States Code, is amended--
            (1) in the section heading by inserting ``, at-risk,'' after 
        ``Distressed''; and
            (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''.

    (b) Conforming Amendment.--The analysis for chapter 145 of such 
title is amended by striking the item relating to section 14526 and 
inserting the following:

``14526. Distressed, at-risk, and economically strong counties.''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 14703(a) of title 40, United States Code, 
is amended to read as follows:
    ``(a) In General.--In addition to amounts made available under 
section 14501, there is authorized to be appropriated to the Appalachian 
Regional Commission to carry out this subtitle--
            ``(1) $87,000,000 for fiscal year 2008;
            ``(2) $100,000,000 for fiscal year 2009;
            ``(3) $105,000,000 for fiscal year 2010;
            ``(4) $108,000,000 for fiscal year 2011; and
            ``(5) $110,000,000 for fiscal year 2012.''.

    (b) Economic and Energy Development Initiative.--Section 14703(b) of 
such title is amended to read as follows:
    ``(b) Economic and Energy Development Initiative.--Of the amounts 
made available under subsection (a), the following amounts may be used 
to carry out section 14508--
            ``(1) $12,000,000 for fiscal year 2008;
            ``(2) $12,500,000 for fiscal year 2009;
            ``(3) $13,000,000 for fiscal year 2010;
            ``(4) $13,500,000 for fiscal year 2011; and
            ``(5) $14,000,000 for fiscal year 2012.''.

    (c) Allocation of Funds.--Section 14703 of such title is amended by 
adding at the end the following:
    ``(d) Allocation of Funds.--Funds approved by the Appalachian 
Regional Commission for a project in a State in the Appalachian region 
pursuant to a congressional directive shall be derived from the total 
amount allocated to the State by the Appalachian Regional Commission 
from amounts appropriated to carry out this subtitle.''.

[[Page 122 STAT. 4042]]

SEC. 6. TERMINATION.

    Section 14704 of title 40, United States Code, is amended by 
striking ``2007'' and inserting ``2012''.
SEC. 7. ADDITIONS TO APPALACHIAN REGION.

    (a) Kentucky.--Section 14102(a)(1)(C) of title 40, United States 
Code, is amended--
            (1) by inserting ``Metcalfe,'' after ``Menifee,'';
            (2) by inserting ``Nicholas,'' after ``Morgan,''; and
            (3) by inserting ``Robertson,'' after ``Pulaski,''.

    (b) Ohio.--Section 14102(a)(1)(H) of such title is amended--
            (1) by inserting ``Ashtabula,'' after ``Adams,'';
            (2) by inserting ``Mahoning,'' after ``Lawrence,''; and
            (3) by inserting ``Trumbull,'' after ``Scioto,''.

    (c) Tennessee.--Section 14102(a)(1)(K) of such title is amended by 
inserting ``Lawrence, Lewis,'' after ``Knox,''.
    (d) Virginia.--Section 14102(a)(1)(L) of such title is amended--
            (1) by inserting ``Henry,'' after ``Grayson,''; and
            (2) by inserting ``Patrick,'' after ``Montgomery,''.

    Approved October 8, 2008.

LEGISLATIVE HISTORY--S. 496 (H.R. 799):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-33 accompanying H.R. 799 (Comm. on Transportation 
and Infrastructure).
SENATE REPORTS: No. 110-63 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD:
                                                        Vol. 153 (2007):
                                    Aug. 3, considered and passed 
                                        Senate.
                                                        Vol. 154 (2008):
                                    July 15, considered and passed 
                                        House, amended.
                                    Sept. 26, Senate concurred in House 
                                        amendment.

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