Page images
PDF
EPUB

90th Congress, s. 602

October 11, 1967

An Act

81 STAT. 257

To revise and extend the Appalachian Regional Development Act of 1965, and

to amend the Public Works and Economic Development Act of 1965.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I-APPALACHIAN REGIONAL DEVELOPMENT ACT

AMENDMENTS OF 1967 Sec. 101. This title may be cited as the "Appalachian Regional De- Appalachian Revelopment Act Amendments of 1967”.

gional DevelopSEC. 102. Section 102 of the Appalachian Regional Development Act ment Act Amendof 1965 (hereinafter in this title referred to as “the Act”) is amended ments of 1967. (1) by inserting “and” at the end of clause (7); (2) by striking out 79 Stat. 7. the semicolon and the word "and" at the end of clause (8) and insert- 40 USC app. 102. ing in lieu thereof a period; and (3) by striking out clause (9).

Sec. 103. Section 105 of the Act is amended to read as follows: 40 USC app. 105.

“ADMINISTRATIVE EXPENSES OF THE COMMISSION

"Sec. 105. (a) For the period ending on June 30, 1967, the administrative expenses of the Commission shall be paid by the Federal Government. Thereafter, such expenses shall be paid 50 per centum by the Federal Government and 50 per centum by the States in the region, except that the expenses of the Federal Cochairman, his alternate, and his staff shall be paid solely by the Federal Government. The share to be paid by each State shall be determined by the Commission. The Federal Cochairman shall not participate or vote in such determination. No assistance authorized by this Act shall be furnished to any State or to any political subdivision or any resident of any State, nor shall the State member of the Commission participate or vote in any determination by the Commission while such State is delinquent in payment of its share of such expenses.

*(b) To carry out this section, there is hereby authorized to be ap- Appropriation. propriated to the Commission, to be available until expended, not to exceed $1,700,000 for the two-fiscal-year period ending June 30, 1969. Not to exceed $400,000 of such authorization shall be available for the expenses of the Federal Cochairman, his alternate, and his staff. Unexpended balances of appropriations under the authorization in this section prior to amendment by the Appalachian Regional Development Act Amendments of 1967 shall remain available for the purposes of this section, as amended, until expended."

Sec. 104. Clause (7) of section 106 of the Act, entitled “ADMINISTRA- 40 USC app. 106. TIVE POWERS OF THE COMMISSION", is amended to read as follows:

"(7) enter into and perform such contracts, leases (including, notwithstanding any other provision of law, the lease of office space

for any term expiring no later than June 30, 1971), cooperative agreements, or other transactions as may be necessary in carrying out its functions and on such terms as it may deem appropriate, with any department, agency, or instrumentality of the United States (which is hereby so authorized to the extent not otherwise prohibited by law) or with any State, or any political subdivision, agency, or instrumentality thereof, or with any person, firm,

association, or corporation." Sec. 105. Title I of the Act is amended by inserting at the end thereof 40 USC app. a new section as follows:

[ocr errors]

101-108.

(14)

"COMMISSION EMPLOYEE PROTECTIONS

80 Stat. 468.

*Sec. 109. Section 5334 (a) of title 5, United States Code, is amended by adding at the end thereof the following new sentence: 'For the purpose of this subsection, an individual employed by the Appalachian

Regional Commission under section 106(a) of the Appalachian 79 Stat. 8. Regional Development Act of 1965, or by a regional commission 40 USC app. 106. established pursuant to section 502 of the Public Works and mic 79 Stat. 564,

Development Act of 1965, under section 506(2) of such Act, who was 42 USC 3182, a Federal employee immediately prior to such employment by a 3186.

commission and within six months after separation from such employment is employed in a position to which this subchapter applies, shall be treated as if transferred from a position in the executive branch

to which this subchapter does not apply.'." 79 Stat. 10.

SEC. 106. Section 201 of the Act is amended to read as follows: 40 USC app. 201.

"APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM "Sec. 201. (a) In order to provide a highway system which, in (onjunction with the Interstate System and other Federal-aid highways in the Appalachian region, will open up an area or areas with a developmental potential where commerce and communication have been inhibited by lack of adequate access, the Secretary of Transportation (hereafter in this section referred to as the Secretary') is authorized to assist in the construction of an Appalachian development

highway system and local access roads serving the Appalachian 72 Stat. 885.

region. The provisions of title 23, United States Code, that are applicable to the construction and maintenance of Federal-aid primary and secondary highways, and which the Secretary determines are not inconsistent with this Act, shall apply, respectively, to the development highway system and the local access roads. Construction on the development highway system shall not exceed two thousand seven hundred miles. Construction of local access roads shall not exceed one thousand six hundred miles that will serve specific recreational, residential, educational, commercial, industrial, or other like facilities or will facilitate a school consolidation program.

"(b) The Commission shall transmit to the Secretary its designations of (1) the general corridor location and termini of the development highways, (2) local access roads to be constructed, (3) priorities for the construction of segments of the development highways, and (4) other criteria for the program authorized by this section. Before any State member participates in or votes on such designations, he shall have obtained the recommendations of the State highway department of the State which he represents.

"(c) In no event shall the Secretary assist in any construction (including right-of-way acquisition) which would require for its completion the expenditure of Federal funds (other than funds available under title 23, United States Code) in excess of the appropriations authorization in subsection (g). On its completion each development highway not already on the Federal-aid primary system shall be added to such system and each development highway and local access road shall be required to be maintained by the State as provided for Federal-aid highways in title 23, United States Code.

“(d) In the construction of highways and roads authorized under this section, the States may give special preference to the use of materials and products indigenous to the Appalachian region.

“(e) For the purposes of research and development in the use of

coal and coal products in highway construction and maintenance, the tion.

Secretary is authorized to require each participating State, to the Use of coal

a

Road construc

derivatives.

81 STAT, 259

[ocr errors]

202.

maximum extent possible, to use coal derivatives in the construction of not to exceed 10 per centum of the roads authorized under this Act.

“(f) Federal assistance to any construction project under this sec- Federal tion shall not exceed 50 per centum of the costs of such project, unless peroentage. the Commission determines that assistance in excess of such percentage is required in furtherance of the purposes of this Act, but in no event shall such Federal assistance exceed 70 per centum of such costs.

“(g) To carry out this section, there is hereby authorized to be Appropriation. appropriated to the President, to be available until expended, $715,000,000 for the four-fiscal-year period ending June 30, 1971.

"(h)(1) When a participating State proceeds to construct a segment of a development highway without the aid of Federal funds, in accordance with all procedures and requirements applicable to the construction of segments of Appalachian development highways with such funds, except insofar as such procedures and requirements limit a State to the construction of projects for which Federal funds have previously been appropriated, the Secretary, upon application by the State and with the approval of the Commission, is authorized to pay to the State the Federal share not to exceed 70 per centum of the costs of the construction of such segment, from any sums appropriated and allocated to such State to carry out this section.

“(2) This subsection shall not be construed as a commitment or obligation on the part of the United States to provide funds for segments of development highways constructed under this subsection, and shall not increase the limitation on construction in subsection (c).” Sec. 107. Section 202 of the Act is amended to read as follows: 79 Stat. ll.

40 USC app. "DEMONSTRATION HEALTH PROJECTS “Sec. 202. (a) In order to demonstrate the value of adequate health facilities and services to the economic development of the region, the Secretary of Health, Education, and Welfare is authorized to make grants for the planning, construction, equipment, and operation of multicounty demonstration health projects, including hospitals, regional health diagnostic and treatment centers, and other facilities and services necessary to health. Grants for such construction (including the acquisition of privately owned facilities not operated for profit and initial equipment) shall be made in accordance with the applicable provisions of title VI of the Public Health Service Act (42 U.S.C. 291-2910), the Mental Retardation Facilities and Community 78 Stat. 447. Mental Health Centers Construction Act of 1963 (77 Stat. 282), and 42 USC 2661 other laws authorizing grants for the construction of health-related note. facilities, without regard to any provisions therein relating to appropriation authorization ceilings or to allotments among the States. Grants under this section shall be made solely out of funds specifically appropriated for the purpose of carrying out this Act and shall not be taken into account in the computation of the allotments among

the States made pursuant to any other provision of law.

“(b) No grant for the construction or equipment of any component Federal share. of a demonstration health project shall exceed 80 per centum of such costs. The Federal contribution may be provided entirely from funds authorized under this section or in combination with funds provided under other Federal grant-in-aid programs for the construction or equipment of health-related facilities. Notwithstanding any provision of law limiting the Federal share in such other programs, funds authorized under this section may be used to increase Federal grants for component facilities of a demonstration health project to a maximum of 80 per centum of the costs of such facilities.

[ocr errors]

a

[ocr errors]

75 per

81 STAT. 260

"(c) Grants under this section for operation (including initial operating funds and operating deficits comprising among other items the costs of attracting, training, and retaining qualified personnel) of a demonstration health project, whether or not constructed with funds authorized by this section, may be made for up to 100 per centum of the costs thereof for the two-year period beginning, for each component facility or service assisted under any such operating grant, on the first day that such facility or service is in operation as a part of the project. For the next three years of operations such grants shall not exceed 50 per centum of such costs. No grant for operation of a demonstration health project shall be made unless the facility is publicly owned, or owned by a public or private nonprofit organization, and is not operated for profit. No grants for operation of a demonstration health project shall be made after five years following the commencement of the initial grant for operation of the project. No such grants shall be made unless the Secretary of Health, Education, and Welfare is satisfied that the operation of the project will be conducted under efficient management practices designed to obviate operating deficits. Notwith

standing section 104 of the Public Works and Economic Development 42 USC 3134. Act of 1965 (79 Stat. 554), a health-related facility constructed under

title I of that Act may be a component of a demonstration health project eligible for operating grant assistance under this section.

"(d) The Secretary of Health, Education, and Welfare is authorized to provide funds to the Commission for the support of its Health Advisory Committee and to make grants for expenses of planning necessary for the development and operation of demonstration health projects for the region. The amount of any such grant shall not exceed

centum of such expenses.

"(e) Not to exceed $50,000,000 of the funds authorized in section 401 Post, p. 266. of this Act for the two-fiscal-year period ending June 30, 1969, shall

he available to carry out this section.' 79 Stat. 12. Sec. 108. Subsection (i) of section 203 of the Act, entitled “LAND 40 USC app. 203. STABILIZATION, CONSERVATION, AND EROSION CONTROL”, is amended to

read as follows:

“(i) Not to exceed $19,000,000 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.” 40 USC app. 204. Sec. 109. Section 204 of the Act is amended by striking out sub

section (b) and inserting in lieu thereof the following new subsec

tions (b) and (c): Hardwood products, "(b) The Secretary of Agriculture is authorized to provide techresearch grants. nical assistance, make grants, enter into contracts, or otherwise pro

vide funds, first to colleges, universities and other institutions of higher education (with priority to land grant schools), and thereafter to forest products research institutions in the region and other appropriate public and private organizations, which schools, institutions, and organizations have the demonstrated capability to perform such l'esearch, for Appalachian hardwood products research, including investigations, studies, and demonstrations, which will further the purposes of this Act. Funds shall be provided only for programs and projects which will contribute significantly to the development of (1) Appalachian hardwood technology, (2) new or improved uses of Appalachian hardwood resources, (3) new or improved processes or methods for producing hardwood products, or (4) new or improved markets for such products. Funds under this section shall be provided solely out of sums specifically appropriated for the purpose of carrying out this Act, and shall not be taken into account in the allocation or distribution of funds pursuant to any other provision of law.

[ocr errors]
[ocr errors]

.

[ocr errors]

81 STAT. 261

"(c) Not to exceed $2,000,000 of the funds authorized in section 101 of this Act for the two-fiscal-year period ending June 30, 1969, shall be Post, p. 266. available to carry out the purposes of subsection (b) of this section.”

Sec. 110. (a) Clause (1) of subsection (a) of section 205 of the Act, Mining area entitled "MINING AREA RESTORATION", is amended to read as follows: restoration.

“(1) make financial contributions to States in the region to 79 Stat. 13. seal and fill voids in abandoned coal mines and abandoned oil 40 USC app. 205. and gas wells, and to reclaim and rehabilitate lands affected by the strip and surface mining and processing of coal and other minerals, including lands affected by waste piles, in accordance with provisions of the Act of July 15, 1955 (30 U.S.C.571 et seq.), 69 Stat. 352. to the extent applicable, without regard to section 2(b) thereof (30 U.S.C. 572(b)) or to any provisions therein limiting assist. 76 Stat. 934. ance to anthracite coal formation, or to the Commonwealth of Pennsylvania. Grants under this paragraph shall be made wholly out of funds specifically appropriated for the purposes of carry

ing out this Act.” (b) Strike out clause (3) of subsection (a) of section 205 of the Repeal. Act.

79 Stat. 14. (c) Subsection (b) of section 205 of the Act is amended to read as follows:

“(b) For the fiscal years 1966, 1967, 1968, and 1969, not withstanding any other provision of law, the Federal share of mining area restoration projects, including reasonable planning and engineering costs, carried out under subsection (a) of this section and conducted on lands other than federally owned lands shall not exceed 75 per centum of the total cost thereof. The non- -Federal share of the total cost of any project carried out under subsection (a) of this section may include reasonable land acquisition costs incurred in acquiring land necessary for the purposes of implementing such project, if such land is acquired after the date of enactment of the Appalachian Regional Development Act Amendments of 1967."

(d) The first sentence of subsection (d) of section 205 of the Act is amended to read as follows: “Not to exceed $30,000,000 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.”

Sec. 111. Subsection (g) of section 206 of the Act, entitled “WATER 40 USC app. 206. RESOURCE SURVEY”, is amended to read as follows:

“(g) Not to exceed $2,000,000 of the funds authorized in section 01 of this Act for the two-fiscal-year period ending June 30, 1969, shall be available to carry out this section.”

SEC. 112. Part A of title II of the Act is amended by inserting at 79 Stat. 10. the end thereof a new section as follows:

40 USC app. 201206.

[ocr errors]
[ocr errors]
[ocr errors]

ASSISTANCE FOR PLANNING AND OTHER PRELIMINARY EXPENSES OF
PROPOSED HOUSING PROJECTS UNDER SECTION 221 OF THE NATIONAL
HOUSING ACT

“SEC. 207. (a) In order to encourage and facilitate the construction or rehabilitation of housing to meet the needs of low- and moderateincome families and individuals, the Secretary of Housing and Urban Development (hereafter in this section referred to as the 'Secretary') is authorized to make grants and loans from the Appalachian Housing Fund established by this section, under such terms and conditions as he may prescribe, to nonprofit, limited dividend, or cooperative organizations, or to public bodies, for expenses of planning and of obtaining an insured mortgage for a housing construction or rehabilitation project, under section 221 of the National Housing Act (hereafter in 68 Stat. 599. this section referred to as 'section 221%), in any area of the Appalachian 12 USC 17151.

« PreviousContinue »