§223. Program implementation

No program or project authorized under any section of this title shall be implemented until (1) applications and plans relating to the program or project have been determined by the responsible Federal official to be not incompatible with the provisions and objectives of Federal laws which he administers that are not inconsistent with this Act, and (2) the Commission has approved such program or project and has determined that it meets the applicable criteria under section 224 of this Act and the requirements of the development planning process under section 225, and will contribute to the development of the region, which determination shall be controlling and which shall be accepted by the Federal agencies.

( Pub. L. 89–4, title II, §223, Mar. 9, 1965, 79 Stat. 18 ; Pub. L. 90–103, title I, §118, Oct. 11, 1967, 81 Stat. 264 ; Pub. L. 94–188, title I, §116, Dec. 31, 1975, 89 Stat. 1083 .)

Amendments

1975-Pub. L. 94–188 substituted in cl. (1), "to be not incompatible with" for "to be compatible with", and in cl. (2), inserted reference to the requirements of the development planning process under section 225, and inserted provision that such determination shall be accepted by the Federal agencies.

1967-Pub. L. 90–103 substituted in cl. (1) provisions for determination of compatibility of program or project applications and plans with Federal laws for former provisions for consultations of Commission with State officials securing their recommendations and in cl. (2) provisions for program or project approval by the Commission and controlling determination of meeting or requisite criteria for former provisions for recommendation of plans by the Commission and submission thereof for Executive approval or modification.

Discrimination Based on Sex Prohibited in Programs Under Appalachian Regional Development Act of 1965

Pub. L. 92–65, title II, §214, Aug. 5, 1971, 85 Stat. 173 , provided: "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 [this Appendix]."

Section Referred to in Other Sections

This section is referred to in section 202 of this Appendix.