[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

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 4038]]
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 4039]]
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 4040]]
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 4041]]
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 4042]]
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):
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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.