§214. Supplements to Federal grant-in-aid programs

(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 Federal Cochairman may use amounts made available to carry out this section for all or any portion of the basic Federal contribution to projects or activities (hereinafter referred to as 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 programs shall be accepted by the Federal Cochairman with respect to a supplemental grant for any project under such program.

(b) Cost Sharing.-

(1) In general.-The Federal portion of such costs shall not be increased in excess of the percentages established by the Commission, and shall in no event exceed 80 per centum thereof.

(2) Maximum commission contribution after september 30, 1998.-

(A) In general.-Subject to subparagraph (B), after September 30, 1998, a Commission contribution of not more than 50 percent of any project cost eligible for financial assistance under this section may be provided from funds appropriated to carry out this Act.

(B) Distressed counties.-In the case of a project to be carried out in a county for which a distressed county designation is in effect under section 226, the maximum Commission contribution under subparagraph (A) may be increased to 80 percent.

(c) The term "Federal grant-in-aid programs" as used in this section means those Federal grant-in-aid programs authorized by this Act and Acts other than this Act for the acquisition or development of land, the construction or equipment of facilities, or other community or economic development or economic adjustment activities, including but not limited to grant-in-aid programs authorized by the following Acts: Federal Water Pollution Control Act; Watershed Protection and Flood Prevention Act; titles VI and XVI of the Public Health Services Act; Carl D. Perkins Vocational and Technical Education Act of 1998; Federal Airport Act; Airport and Airway Development Act of 1970; part IV of title III of the Communications Act of 1934; title VI (part A) and VII of the Higher Education Act of 1965; Land and Water Conservation Fund Act of 1965; National Defense Education Act of 1958; Consolidated Farm and Rural Development Act; sections 201 and 209 of the Public Works and Economic Development Act of 1965; the housing repair program for homeowners authorized by section 1319 of title 42 United States Code; grants under the Indian Health Service Act (42 Stat. 208); and title I of the Housing and Community Development Act of 1974. The term shall not include (A) the program for the construction of the development highway system authorized by section 201 of this Act or any other program relating to highway or road construction authorized by title 23, United States Code, or (B) any other program for which loans or other Federal financial assistance, except a grant-in-aid program, is authorized by this or any other Act. For the purpose of this section, any sewage treatment works constructed pursuant to section 8(c) of the Federal Water Pollution Control Act without Federal grant-in-aid assistance under such section shall be regarded as if constructed with such assistance.

(d) Not to exceed $97,000,000 of the funds authorized in section 401 of this Act for the two-fiscal-year period ending June 30, 1969, shall be available to carry out this section.

( Pub. L. 89–4, title II, §214, Mar. 9, 1965, 79 Stat. 17 ; Pub. L. 90–103, title I, §116, Oct. 11, 1967, 81 Stat. 263 ; Pub. L. 91–123, title I, §107, Nov. 25, 1969, 83 Stat. 215 ; Pub. L. 91–258, title I, §52(b)(5), May 21, 1970, 84 Stat. 235 ; Pub. L. 92–65, title II, §210, Aug. 5, 1971, 85 Stat. 171 ; Pub. L. 94–188, title I, §115, Dec. 31, 1975, 89 Stat. 1083 ; Pub. L. 96–506, §3(4), Dec. 8, 1980, 94 Stat. 2746 ; Pub. L. 98–524, §4(e)(2), Oct. 19, 1984, 98 Stat. 2489 ; Pub. L. 104–208, div. A, title I, §101(e) [title VII, §709(a)(5)], Sept. 30, 1996, 110 Stat. 3009–233 , 3009-312; Pub. L. 105–332, §3(g), Oct. 31, 1998, 112 Stat. 3126 ; Pub. L. 105–393, title II, §217, Nov. 13, 1998, 112 Stat. 3622 .)

References in Text

The Federal Water Pollution Control Act, referred to in subsec. (c), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816 , which is classified generally to chapter 26 (§1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.

The Watershed Protection and Flood Prevention Act, referred to in subsec. (c), is act Aug. 4, 1954, ch. 656, 68 Stat. 666 , as amended, which is classified principally to chapter 18 (§1001 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 16 and Tables.

The Public Health Service Act, referred to in subsec. (c), is act July 1, 1944, ch. 373, 58 Stat. 682 , as amended. Titles VI and XVI of the Public Health Service Act are classified generally to subchapters IV (§291 et seq.) and XIV (§300q et seq.), respectively, of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.

The Carl D. Perkins Vocational and Technical Education Act of 1998, referred to in subsec. (c), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403 , as amended, which is classified generally to chapter 44 (§2301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of Title 20 and Tables.

The Federal Airport Act, referred to in subsec. (c), is act May 13, 1946, ch. 251, 60 Stat. 170 , which was classified to chapter 14 (§1101 et seq.) of former Title 49, Transportation. The Act was repealed by section 52(a) of the Airport and Airway Development Act of 1970 ( Pub. L. 91–258, title I, May 21, 1970, 84 Stat. 235 ).

The Airport and Airway Development Act of 1970, referred to in subsec. (c), is title I of Pub. L. 91–258, May 21, 1970, 84 Stat. 219 , as amended, which was classified principally to chapter 25 (§1701 et seq.) of former Title 49. Sections 1 to 30 of title I of Pub. L. 91–258, which enacted sections 1701 to 1703, 1711 to 1713, and 1714 to 1730 of former Title 49 and a provision set out as a note underr section 1701 of former Title 49, were repealed by Pub. L. 97–248, title V, §523(a), Sept. 3, 1982, 96 Stat. 695 . Sections 31, 51, 52(a), (b)(4), (6), (c), (d), and 53 of title I of Pub. L. 91–258 were repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379 , the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. For complete classification of this Act to the Code, see Tables. For disposition of sections of former Title 49, see Table at the beginning of Title 49.

The Communications Act of 1934, referred to in subsec. (c), is act June 19, 1934, ch. 652, 48 Stat. 1064 , as amended. Part IV of title III of the Communications Act of 1934 is classified generally to part IV (§390 et seq.) of subchapter III of chapter 5 of Title 47, Telegraphs, Telephones, and Radiotelegraphs. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables.

The Higher Education Act of 1965, referred to in subsec. (c), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1319 , as amended. Part A of title VI of the Act is classified generally to part A (§1121 et seq.) of subchapter VI of chapter 28 of Title 20, Education. Title VII of the Act, which related to construction, reconstruction, and renovation of academic facilities and was classified to subchapter VII (§1132a et seq.) of chapter 28 of Title 20, was amended generally by Pub. L. 105–244, title VII, §701, Oct. 7, 1998, 112 Stat. 1786 , and now relates to graduate and post-secondary improvement programs and is classified to subchapter VII (§1133 et seq.) of chapter 28 of Title 20. Prior to the general amendment, part B of title VII was renumbered and transferred by Pub. L. 105–244, title III, §301(a)(3), Oct. 7, 1998, 112 Stat. 1636 , to part D (§1066 et seq.) of subchapter III of chapter 28 of Title 20. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.

The Land and Water Conservation Fund Act of 1965, referred to in subsec. (c), is Pub. L. 88–578, Sept. 3, 1964, 78 Stat. 897 , as amended, which is classified generally to part B (§460l–4 et seq.) of subchapter LXIX of chapter 1 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 460l–4 of Title 16 and Tables.

The National Defense Education Act of 1958, referred to in subsec. (c), is Pub. L. 85–864, Sept. 2, 1958, 72 Stat. 1580 , as amended, which was classified principally to chapter 17 (§401 et seq.) of Title 20, Education, prior to omission from the Code. For complete classification of this Act to the Code, see Tables.

The Consolidated Farm and Rural Development Act, referred to in subsec. (c), is title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307 , as amended, which is classified principally to chapter 50 (§1921 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1921 of Title 7 and Tables.

Sections 201 and 209 of the Public Works and Economic Development Act of 1965, referred to in subsec. (c), are sections 201 and 209 of Pub. L. 89–136, title II, as added Pub. L. 105–393, title I, §102(a), Nov. 13, 1998, 112 Stat. 3601 , 3605, which are classified to sections 3141 and 3149, respectively, of Title 42, The Public Health and Welfare.

The Indian Health Service Act (42 Stat. 208), referred to in subsec. (c), is probably a reference to act Nov. 2, 1921, ch. 115, 42 Stat. 208 , as amended, which authorized appropriations and expenditures for the administration of Indian affairs and is classified to section 13 of Title 25, Indians. For complete classification of this Act to the Code, see Tables.

The Housing and Community Development Act of 1974, referred to in subsec. (c), is Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633 , as amended. Title I of the Housing and Community Development Act of 1974 is classified principally to chapter 69 (§5301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 42 and Tables.

Section 8(c) of the Federal Water Pollution Control Act, referred to in subsec. (c), is section 8(c) of act June 30, 1948, ch. 758, 62 Stat. 1158 , which was set out in section 1158(c) of Title 33, Navigation and Navigable Waters, and was omitted from the Code in the general amendment and revision of the Federal Water Pollution Control Act by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816 . See section 1281 et seq. of Title 33.

Amendments

1998-Subsec. (a). Pub. L. 105–393, §217(a), substituted "the Federal Cochairman may use amounts made available to carry out this section" for "the President is authorized to provide funds to the Federal Cochairman to be used" in first sentence.

Subsec. (b). Pub. L. 105–393, §217(b), inserted subsec. heading, designated existing provisions as par. (1), inserted par. heading, and added par. (2).

Subsec. (c). Pub. L. 105–393, §217(d), inserted "authorized by title 23, United States Code" after "road construction" in second sentence.

Pub. L. 105–393, §217(c)(2), which directed the substitution of "sections 201 and 209 of the Public Works and Economic Development Act of 1965" for "Titles I and IX of the Public Works and Economic Development Act of 1965" in first sentence, was executed by making the substitution for text which read in part "titles" rather than "Titles" to reflect the probable intent of Congress.

Pub. L. 105–393, §217(c)(1), struck out "on or before December 31, 1980," after "programs authorized" in first sentence.

Pub. L. 105–332 substituted "Carl D. Perkins Vocational and Technical Education Act of 1998" for "Carl D. Perkins Vocational Education Act".

1996-Subsec. (c). Pub. L. 104–208 struck out "Library Services and Construction Act;" after "Carl D. Perkins Vocational Education Act;".

1984-Subsec. (c). Pub. L. 98–524, §4(e)(2), substituted "the Carl D. Perkins Vocational Education Act" for "the Vocational Education Act of 1963". As originally enacted, section 4(e)(2) of Pub. L. 98–524 directed that section 114(e) of the Appalachian Regional Development Act of 1965 be so amended but was executed to subsec. (c) of this section as the probable intent of Congress since such act does not have a section 114 and the language to be substituted for is contained in subsec. (c).

1980-Subsec. (c). Pub. L. 96–506 substituted "December 31, 1980" for "December 31, 1978".

1975-Subsec. (a). Pub. L. 94–188, §115(1), substituted "portion of the basic Federal contribution to projects or activities (hereinafter referred to as projects) under" for "portion of the basic Federal contribution to projects under".

Subsec. (c). Pub. L. 94–188, §115(2), updated definition of "Federal grant-in-aid programs" to include additional Federal grant-in-aid programs as eligible for supplementation.

1971-Subsec. (a). Pub. L. 92–65, §210(a), extended the authority to make basic grants when funds available under a basic Federal grant-in-aid program are insufficient, provided that the Federal official administering the program certifies that the program or project to be funded meets the requirements of the program, on a finding by the Commission that the level of Federal and State assistance to the Appalachian region under other acts will not be diminished by the substitution of funds authorized by this subsection.

Subsec. (c). Pub. L. 92–65, §210(b), substituted "December 31, 1974" for "December 31, 1970".

1970-Subsec. (c). Pub. L. 91–258 inserted reference to Airport and Airway Development Act of 1970.

1969-Subsec. (c). Pub. L. 91–123 substituted "December 31, 1970" for "December 31, 1967", and provided that for the purposes of this section any sewage treatment works constructed pursuant to section 8(c) of the Federal Water Pollution Control Act be regarded as having been constructed with funds provided under this section.

1967-Subsec. (a). Pub. L. 90–103 substituted authorization of the President to provide funds to the Federal Cochairman for former authorization of the Secretary of Commerce, pursuant to specific recommendations of the Commission approved by him and after consultation with the appropriate Federal officials, to allocate funds appropriated to carry out this section to the heads of the departments, agencies, and instrumentalities of the Federal Government responsible for the administration of Federal grant-in-aid programs, and provided for the acceptance by the Federal Cochairman, with respect to a supplemental grant for any project under the program, of 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 administration of any Federal grant-in-aid program.

Subsec. (b). Pub. L. 90–103 substituted "established by the Commission, and shall in no event exceed 80 per centum thereof" for "established by regulations promulgated by the Secretary of Commerce, and such regulations shall in no event authorize the Federal portion of such costs to exceed 80 per centum thereof".

Subsec. (c). Pub. L. 90–103 substituted "on or before December 31, 1967," and "acquisition of land or the construction" for "on or before the effective date of this Act" and "acquisition of land and the construction".

Subsec. (d). Pub. L. 90–103 substituted provisions for availability of $97,000,000 for two-fiscal-year period ending June 30, 1969, for former provisions for availability of $90,000,000 for period ending June 30, 1967, as provided in former provisions of section 401 of the Act.

Effective Date of 1984 Amendment

Section 2 of Pub. L. 98–524 provided that:

"(a) This Act [enacting chapter 44 of Title 20, Education, amending this section, section 211 of this Appendix, sections 1013, 1014, 1135c–1, 1205, 1211c, and 3223 of Title 20, and sections 721, 1503, 1532, 1535, 1697, 1751, 1753, 1754, 1772, and 1773 of Title 29, Labor, enacting provisions set out as a note under section 1551 of Title 29, amending provisions set out as a note under section 11 of Title 20, and repealing provisions set out as a note under section 237 of Title 20] shall take effect for fiscal years beginning on or after October 1, 1984, except that the authority of the Secretary to prescribe regulations under this Act and the responsibility of States to submit State plans are effective upon the date of enactment of this Act [Oct. 19, 1984].

"(b) Not later than 90 days after the date of the enactment of this Act, the Secretary shall prescribe regulations for carrying out the provisions of this Act."