§302. Administrative expenses and research and demonstration projects

(a) Authorization To Make Grants.-

(1) In general.-The Commission is authorized-

(A) to make grants for administrative expenses, including the development of areawide plans or action programs and technical assistance activities, of local development districts, but (i) the amount of any such grant shall not exceed 50 percent of such expenses, (ii) no grants for administrative expenses shall be made for a State agency certified as a local development district for a period in excess of three years beginning on the date the initial grant is made for such development district, and (iii) the local development district contributions for administrative expenses may be in cash or in kind, fairly evaluated, including but not limited to space, equipment, and services;

(B) to make grants for assistance to States for a period not in excess of two years to strengthen the State development planning process for the region and the coordination of State planning under this Act, the Public Works and Economic Development Act of 1965, as amended, and other Federal and State programs; and

(C) to make grants for investigation, research, studies, evaluations, and assessments of needs, potentials, or attainments of the people of the region, technical assistance, training programs, demonstrations, and the construction of necessary facilities incident to such activities, which will further the purposes of this Act. Grant funds may be provided entirely from appropriations to carry out this section or in combination with funds available under other Federal or Federal grant-in-aid programs or from any other source. Notwithstanding any provision of law limiting the Federal share in any such other program, funds appropriated to carry out this section may be used to increase such Federal share, as the Commission determines appropriate.

(2) Cost sharing after september 30, 1998.-

(A) In general.-Except as provided in subparagraph (B), after September 30, 1998, not more than 50 percent (or 80 percent 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) of the costs of any activity eligible for financial assistance under this section may be provided from funds appropriated to carry out this Act.

(B) Discretionary grants.-

(i) In general.-Discretionary grants made by the Commission to implement significant regional initiatives, to take advantage of special development opportunities, or to respond to emergency economic distress in the region may be made without regard to the percentage limitations specified in subparagraph (A).

(ii) Limitation on aggregate amount.-For each fiscal year, the aggregate amount of discretionary grants referred to in clause (i) shall not exceed 10 percent of the amounts appropriated under section 401 for the fiscal year.

(b)(1) The Commission may provide assistance under this section for demonstrations of enterprise development, including site acquisition or development where necessary for the feasibility of the project, in connection with the development of the region's energy resources and the development and stimulation of indigenous arts and crafts of the region. No more than $3,000,000 shall be obligated for such energy resource related demonstrations in any fiscal year, and no more than $2,500,000 shall be obligated for such indigenous arts and crafts demonstrations.

(2) In carrying out the purposes of this Act, including section 2(b), and in implementing this section, the Secretary of Energy, the Environmental Protection Agency, and other Federal agencies shall cooperate with the Commission and shall provide such assistance as the Federal Cochairman may request.

(c)(1) The Commission shall, as required by the President, maintain accurate and complete records of transactions and activities financed with Federal funds and report thereon to the President. The records of the Commission shall be available for audit with respect to such grants by the President and the Comptroller General or their duly authorized representatives.

(2) Recipients of Federal assistance under the provisions of this section shall, as required by the Commission, maintain accurate and complete records of transactions and activities financed with Federal funds and report thereon to the Commission. Such records shall be available for audit by the President, the Comptroller General, and the Commission or their duly authorized representatives.

( Pub. L. 89–4, title III, §302, Mar. 9, 1965, 79 Stat. 19 ; Pub. L. 90–103, title I, §120, Oct. 11, 1967, 81 Stat. 264 ; Pub. L. 91–123, title I, §108, Nov. 25, 1969, 83 Stat. 215 ; Pub. L. 92–65, title II, §211, Aug. 5, 1971, 85 Stat. 172 ; Pub. L. 94–188, title I, §119, Dec. 31, 1975, 89 Stat. 1085 ; Pub. L. 105–393, title II, §§218(d), 220(a)–(c)(1), Nov. 13, 1998, 112 Stat. 3623–3625 .)

References in Text

The Public Works and Economic Development Act of 1965, referred to in subsec. (a)(1)(B), is Pub. L. 89–136, Aug. 26, 1965, 79 Stat. 552 , as amended, which is classified generally to chapter 38 (§3121 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 3121 of Title 42 and Tables.

Amendments

1998-Subsec. (a). Pub. L. 105–393, §220(a), (b), designated introductory provisions as par. (1), substituted "The Commission" for "The President", redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, and realigned their margins, struck out "to the Commission" after "make grants" wherever appearing, in subpar. (A), redesignated cls. (A) to (C) as (i) to (iii), respectively, in cl. (i), substituted "50 percent" for "75 per centum", and added par. (2).

Subsec. (b)(1). Pub. L. 105–393, §218(d), substituted "The Commission" for "Notwithstanding the provisions of section 224(b)(2), (3), or (4), the Commission" in first sentence.

Subsec. (b)(2). Pub. L. 105–393, §220(c)(1)(A)(i), substituted "Secretary of Energy" for "Federal Energy Administration, the Energy Research and Development Administration".

Subsec. (b)(3), (4). Pub. L. 105–393, §220(c)(1)(A)(ii), struck out pars. (3) and (4), which directed Commission to conduct studies on Appalachian migrants and physical hazards which are constraints on land use in the region, respectively.

Subsecs. (d), (e). Pub. L. 105–393, §220(c)(1)(B), struck out subsecs. (d) and (e), which limited funds available to carry out section for two-fiscal-year period ending June 30, 1969, and set forth provisions relating to public availability and protection of all information, copyrights, uses, processes, patents, and other developments resulting from scientific or technological research or development activity involving appropriated funds.

1975-Subsec. (a)(1). Pub. L. 94–188, §119(1), substituted "including the development of areawide plans or action programs and technical assistance activities" for "including technical services".

Subsec. (a)(2), (3). Pub. L. 94–188, §119(2), added par. (2) and redesignated former par. (2) as (3).

Subsec. (b). Pub. L. 94–188, §119(3), substituted provisions permitting the Commission to provide assistance for projects relating to the development of energy resources and the development and stimulation of indigenous arts and crafts of the region, that no more than $3,000,000 shall be obligated for such energy resource related demonstrations in any fiscal year and that no more than $2,500,000 shall be obligated for such indigenous arts and crafts demonstrations, requiring cooperation among federal agencies, requiring the Commission to study, report, and make recommendations to Congress for removal of constraints on land use within twenty-four months after Dec. 31, 1975, for provisions authorizing the Commission to make a survey and study of acid pollution in the region from mining activities and the effects of such pollution, and requiring the President to make a report and recommendations to Congress not later than Mar. 31, 1969.

1971-Subsec. (a)(2). Pub. L. 92–65 extended the authority of the President to make grants for evaluations, assessment of needs, potentials, or attainments of the people of the region, and for construction of facilities, and further provided that grants may be made from appropriations under this Appendix or otherwise, and that funds appropriated to carry out this section may be used to increase the Federal share at the discretion of the Commission.

1969-Subsec. (a)(1)(B). Pub. L. 91–123 prohibited the President from making grants for administrative expenses of a State certified agency.

1967-Subsec. (a). Pub. L. 90–103 substituted authorization of the President to make grants to the Commission in pars. (1) and (2) for former authorization of Secretary of Commerce to make grants in par. (1) either directly or through arrangements with the Commission and to provide funds in par. (2) either directly or through arrangements with appropriate public or private organizations (including the Commission), authorized grants for technical services in par. (1), designated existing provisions of cls. (A) to (C), striking out from cl. (A) the limitation of amount of grants to any one fiscal year, and authorized grants for technical assistance and training programs in par. (2).

Subsec. (b). Pub. L. 90–103 added subsec. (b). Former subsec. (b) redesignated subsec. (c)(2).

Subsec. (c). Pub. L. 90–103 added par. (1) and redesignated former subsec. (b) as par. (2), substituting "as required by the Commission" for "an accordance with regulations to be promulgated by the Secretary of Commerce" and "Commission" for "Secretary of Commerce" in two places, and provided for audit by the President. Former subsec. (c) redesignated (d).

Subsecs. (d), (e). Pub. L. 90–103 redesignated former subsec. (c) as (d), substituted provisions for availability of $11,000,000 for two-fiscal-year period ending June 30, 1969, for former provisions for availability of $5,500,000 for period ending June 30, 1967, as provided in former provisions of section 401 of the Act, and limited funds available for purposes of subsec. (b) to $3,000,000. Former subsec. (d) redesignated (e).

Section Referred to in Other Sections

This section is referred to in section 226 of this Appendix.