§224. Program development criteria

(a) In considering programs and projects to be given assistance under this Act, and in establishing a priority ranking of the requests for assistance presented to the Commission, the Commission shall follow procedures that will insure consideration of the following factors:

(1) the relationship of the project or class of projects to overall regional development including its location in an area determined by the State have a significant potential for growth or in a severely and persistently distressed county or area;

(2) the population and area to be served by the project or class of projects including the relative per capita income and the unemployment rates in the area;

(3) the relative financial resources available to the State or political subdivisions or instrumentalities thereof which seek to undertake the project;

(4) the importance of the project or class of projects in relation to other projects or classes of projects which may be in competition for the same funds;

(5) the prospects that the project for which assistance is sought will improve, on a continuing rather than a temporary basis, the opportunities for employment, the average level of income, or the economic and social development of the area served by the project; and

(6) the extent to which the project design provides for detailed outcome measurements by which grant expenditures may be evaluated.

(b) Limitation.-Financial assistance made available under this Act shall not be used to assist establishments relocating from one area to another.

(c) Funds may be provided for programs and projects in a State under this Act 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 Act.

( Pub. L. 89–4, title II, §224, Mar. 9, 1965, 79 Stat. 18 ; Pub. L. 90–103, title I, §119, Oct. 11, 1967, 81 Stat. 264 ; Pub. L. 94–188, title I, §117, Dec. 31, 1975, 89 Stat. 1084 ; Pub. L. 105–393, title II, §218(a)–(c), Nov. 13, 1998, 112 Stat. 3622 , 3623.)

Amendments

1998-Subsec. (a)(1). Pub. L. 105–393, §218(a), inserted "or in a severely and persistently distressed county or area" before semicolon at end.

Subsec. (a)(6). Pub. L. 105–393, §218(b), added par. (6).

Subsec. (b). Pub. L. 105–393, §218(c), added subsec. (b) and struck out former subsec. (b) which read as follows: "No financial assistance shall be authorized under this Act to be used (1) to assist establishments relocating from one area to another; (2) to finance the cost of industrial plants, commercial facilities, machinery, working capital, or other industrial facilities or to enable plant subcontractors to undertake work theretofore performed in another area by other subcontractors or contractors; (3) to finance the cost of facilities for the generation, transmission, or distribution of electric energy; or (4) to finance the cost of facilities for the production, transmission, or distribution of gas (natural, manufactured, or mixed)."

1975-Subsec. (c). Pub. L. 94–188 added subsec. (c).

1967-Subsec. (a). Pub. L. 90–103, §119(a), substituted "In considering" for "In developing recommendations on the" and struck out "within those recommendations" before "a priority ranking".

Subsec. (b)(1). Pub. L. 90–103, §119(b), substituted "to assist establishments relocating" for "in relocating any establishment or establishments".

Waiver of Restrictions on Use of Appropriated Funds; Use of Energy Enterprise Loan Funds

Pub. L. 100–202, §101(d) [title IV, §401], Dec. 22, 1987, 101 Stat. 1329–127 , provided in part: "That after the date of enactment of this resolution [Dec. 22, 1987], appropriations for Appalachian regional programs in this or any other Act may be used for the purposes of the Appalachian Regional Development Act [this Appendix] without regard to section 224(b)(2), (3), and (4) of that Act [40 App. U.S.C. 224(b)(2), (3), and (4)] and funds in energy enterprise loan funds may be reapproved by the Commission for similar uses."

Section Referred to in Other Sections

This section is referred to in section 223 of this Appendix.