(2) Chief Justice The term "Chief Justice" means the Chief Justice of the United States or his designee; except that in any case in which there is a vacancy of the office of the Chief Justice of the United States, the most senior associate justice of the Supreme Court shall be treated as the Chief Justice of the United States for purposes of this chapter until such time as such vacancy is filled. (3) Commission The term "Commission" means the Commission for the Judiciary Office Building established by section 1206 of this title. (Pub. L. 100-480, § 10, Oct. 7, 1988, 102 Stat. 2335.) TITLE 40-APPENDIX The legislation in this Appendix is temporary and terminated on October 1, 1982, pursuant to the provisions of section 405 of this Appendix APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended by Pub. L. 89-670, § 8(b), (c), Oct. 15, 1966, 80 Stat. 942, 943; Pub. L. 90-103, title I, §§ 101-114, 116-123, Oct. 11, 1967, 81 Stat. 257-266; Pub. L. 90-448, title II, § 201(f), Aug. 1, 1968, 82 Stat. 502; Pub. L. 91-123, title I, §§ 101-111, Nov. 25, 1969, 83 Stat. 214-216; Pub. L. 91-258, title I, § 52(b)(5), May 21, 1970, 84 Stat. 235; Pub. L. 92-65, title II, §§ 202-214, Aug. 5, 1971, 85 Stat. 168-173; Pub. L. 94-188, title I, §§ 102-122, 124, Dec. 31, 1975, 89 Stat. 1079-1086; Pub. L. 95-193, § 1, Nov. 18, 1977, 91 Stat. 1412; Pub. L. 95-599, title I, § 138(a), (b), Nov. 6, 1978, 92 Stat. 2710; Pub. L. 96-506, § 3, Dec. 8, 1980, 94 Stat. 2746; Pub. L. 96-545, § 2, Dec. 18, 1980, 94 Stat. 3215; Pub. L. 97-35, title XVIII, § 1822(a), Aug. 13, 1981, 95 Stat. 767; Pub. L. 98-524, § 4(e), Oct. 19, 1984, 98 Stat. 2489; Pub. L. 101-427, Oct. 15, 1990, 104 Stat. 927; Pub. L. 101-434, Oct. 17, 1990, 104 Stat. 985; Pub. L. 102-240, title I, § 1087, Dec. 18, 1991, 105 Stat. 2022; Pub. L. 103-437, § 14(e), Nov. 2, 1994, 108 Stat. 4591. 208. PART A-NEW PROGRAMS Appalachian development highway system. Land stabilization, conservation, and erosion Timber development organizations. Water resource survey. Assistance for proposed low- and middle- Appalachian airport safety improvements. PART B-SUPPLEMENTATIONS AND MODIFICATIONS OF Appalachian State development planning process. TITLE III-ADMINISTRATION Local development districts; certification. Administrative expenses and research and demonstration projects. Approval of development plans, investment programs, and projects. Annual report. TITLE IV-APPROPRIATIONS AND MISCELLANEOUS PROVISIONS Authorization of appropriations; limitation on use of funds. Applicable labor standards. Definition of Appalachian region. Severability. Termination. § 1. Short title This Act may be cited as the “Appalachian Regional Development Act of 1965". (Pub. L. 89-4, § 1, Mar. 9, 1965, 79 Stat. 5.) SHORT TITLE OF 1975 AMENDMENT Pub. L. 94-188, title I, § 101, Dec. 31, 1975, 89 Stat. 1079, provided that: "This title [enacting sections 225 and 303 of this Appendix, amending sections 2, 101, 102, 105 to 107, 201, 202, 205, 207, 211, 214, 223, 224, 302, 401, and 405 of this Appendix, repealing section 3134 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under sections 2 and 201 of this Appendix] may be cited as the 'Appalachian Regional Development Act Amendments of 1975'." SHORT TITLE OF 1971 AMENDMENT Pub. L. 92-65, title II, § 201, July 5, 1971, 85 Stat. 168, provided that: "This title [enacting section 208 of this Appendix, amending sections 105, 106, 201, 202, 205, 207, 211, 214, 302, 401, and 405 of this Appendix, and enacting provision set out as note under section DEVELOPMENT ACT OF 1965 223 of this Appendix] may be cited as the 'Appalachian Regional Development Act Amendments of 1971'." SHORT TITLE OF 1969 AMENDMENT Pub. L. 91-123, title I, § 101, Nov. 25, 1969, 83 Stat. 214, provided that: "This title [amending sections 105, 201, 202, 205, 207, 214, 302, 401, 403, and 405 of this Appendix] may be cited as the 'Appalachian Regional Development Act Amendments of 1969'." SHORT TITLE OF 1967 AMENDMENT Pub. L. 90-103, title I, § 101, Oct. 11, 1967, 81 Stat. 257, provided that: "This title [enacting sections 109 and 207 of this Appendix, and amending sections 102, 105, 106, 201, 202, 203, 204, 205, 206, 211, 212, 214, 221, 223, 224, 302, 303, 401, and 403 of this Appendix, section 461 of this title, and section 5334 of Title 5, Government Organization and Employees] may be cited as the 'Appalachian Regional Development Act Amendments of 1967'." (a) The Congress hereby finds and declares that the Appalachian region of the United States, while abundant in natural resources and rich in potential, lags behind the rest of the Nation in its economic growth and that its people have not shared properly in the Nation's prosperity. The region's uneven past development, with its historical reliance on a few basic industries and a marginal agriculture, has failed to provide the economic base that is a vital prerequisite for vigorous, self-sustaining growth. The State and local governments and the people of the region understand their problems and have been working and will continue to work purposefully toward their solution. The Congress recognizes the comprehensive report of the President's Appalachian Regional Commission documenting these findings and concludes that regionwide development is feasible, desirable, and urgently needed. It is, therefore, the purpose of this Act to assist the region in meeting its special problems, to promote its economic development, and to establish a framework for joint Federal and State efforts toward providing the basic facilities essential to its growth and attacking its common problems and meeting its common needs on a coordinated and concerted regional basis. The public investments made in the region under this Act shall be concentrated in areas where there is a significant potential for future growth, and where the expected return on public dollars invested will be the greatest. The States will be responsible for recommending local and State projects, within their borders, which will receive assistance under this Act. As the region obtains the needed physical and transportation facilities and develops its human resources, the Congress expects that the region will generate a diversified industry, and that the region will then be able to support itself, through the workings of a strengthened free enterprise economy. (b) The Congress further finds and declares that while substantial progress has been made toward achieving the foregoing purposes, especially with respect to the provision of essential public facilities, much remains to be accom plished, especially with respect to the provision of essential health, education, and other public services. The Congress recognizes that changes and evolving national purposes in the decade since 1965 affect not only the Appalachian region, but also its relationship to a nation now assigning higher priority to conservation and the quality of life, values long cherished within the region. Appalachia now has the opportunity, in accommodating future growth and devel opment, to demonstrate local leadership and coordinated planning so that housing, public services, transportation and other community facilities will be provided in a way congenial to the traditions and beauty of the region and compatible with conservation values and an enhanced quality of life for the people of the region. The Congress recognizes also that fundamental changes are occurring in national energy requirements and production, which not only risk short-term dislocations but will undoubtedly result in major long-term effects in the region. It is essential that the opportunities for expanded energy production be used so as to maximize the social and economic benefits and minimize social and environmental costs to the region and its people. It is, therefore, also the purpose of this Act to provide a framework for coordinating Federal, State and local efforts toward (1) anticipating the effects of alternative energy policies and practices, (2) planning for accompanying growth and change so as to maximize the social and economic benefits and minimize social and environmental costs, and (3) implementing programs and projects carried out in the region by Federal, State, and local governmental agencies so as to better meet the special problems generated in the region by the Nation's energy needs and policies, including problems of transportation, housing, community facilities, and human services. (Pub. L. 89-4, § 2, Mar. 9, 1965, 79 Stat. 5; Pub. L. 94-188, title I, § 102, Dec. 31, 1975, 89 Stat. 1079.) REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Ap palachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. AMENDMENTS 1975-Pub. L. 94-188 designated existing provisions as subsec. (a) and added subsec. (b). REPORT TO CONGRESS ON PROGRESS MADE IN IMPLE MENTATION OF REGIONAL DEVELOPMENT ACT OF 1975 Section 122(b) of Pub. L. 94-188 required Appalachian Regional Commission to submit to Congress by July 1, 1977, a report on progress made in implementing subsec. (b) of this section, the energy related enterprise development demonstration authority in sec DEVELOPMENT ACT OF 1965 tion 302 of this Appendix, as well as other amend- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 302 of this Appendix. TITLE I-THE APPALACHIAN REGIONAL § 101. Membership and voting (a) There is hereby established an Appalachian Regional Commission (hereinafter referred to as the "Commission") which shall be composed of one Federal member, hereinafter referred to as the "Federal Cochairman", appointed by the President by and with the advice and consent of the Senate, and one member from each participating State in the Appalachian region. The Federal Cochairman shall be one of the two Cochairmen of the Commission. Each State member shall be the Governor. The State members of the Commission shall elect a Cochairman of the Commission from among their number for a term of not less than one year. (b) Except as provided in section 105, decisions by the Commission shall require the affirmative vote of the Federal Cochairman and of a majority of the State members (exclusive of members representing States delinquent under section 105). In matters coming before the Commission, the Federal Cochairman shall, to the extent practicable, consult with the Federal departments and agencies having an interest in the subject matter. No decision involving Commission policy, approval of State, regional or subregional development plans or implementing investment programs, any modification or revision of the Appalachian Regional Commission Code, or any allocation of funds among the States may be made without a quorum of State members present. The approval of project and grant proposals shall be a responsibility of the Commission and exercised in accordance with section 303 of this Act. (c) Each State member may have a single alternate, appointed by the Governor from among the members of the Governor's cabinet or the Governor's personal staff. The President, by and with the advice and consent of the Senate, shall appoint an alternate for the Federal Cochairman. An alternate shall vote in the event of the absence, death, disability, removal, or resignation of the State or Federal representative for which he is an alternate. A State alternate shall not be counted toward the establishment of a quorum of the Commission in any instance in which a quorum of the State members is required to be present. No Commission powers or responsibilities specified in the last two sentences of subsection (b) of this section, nor the vote of any Commission member, may be delegated to any person not a Commission member or who is not entitled to vote in Commission meetings. (d) The Federal Cochairman shall be compensated by the Federal Government at level III of the Executive Schedule in subchapter II of chapter 53 of title V, United States Code. His alternate shall be compensated by the Federal REFERENCES IN TEXT Level III of the Executive Schedule, referred to in subsec. (d), is set out in section 5314 of Title 5, Government Organization and Employees. Subchapter II of chapter 53 of title V, United States Code, referred to in subsec. (d), means subchapter II (§ 5311 et seq.) of chapter 53 of Title 5. Level V of the Executive Schedule, referred to in subsec. (d), is set out in section 5316 of Title 5. AMENDMENTS 1975-Subsec. (a). Pub. L. 94-188, § 103(1), (2), substituted provision that each State member shall be the Governor for provision that each State member may be the Governor, or his designee, or such other person as may be provided by the law of the State which he represents, and inserted provision that term of Cochairman shall be for not less than a year. Subsec. (b). Pub. L. 94-188, § 103(3), inserted provisions requiring quorum of State members for Commission policy, approval of State, regional, or subregional development plans or implementing investment programs, modification or revision of the Appalachian Regional Commission Code, or allocation of funds among the States, and that the approval of the project and grant proposals shall be the responsibility of the Commission to be exercised in accordance with section 303 of this Act. Subsec. (c). Pub. L. 94-188, § 103(4), (5), substituted provisions that each State member may have a single alternate, appointed by the Governor from among the members of the Governor's cabinet or the Governor's personal staff for provisions that each State member shall have an alternate, appointed by the Governor or as otherwise may be provided by the law of the State which he represents, and inserted provisions that State alternate shall not be counted toward the establishment of a quorum of the Commission in any instance in which a quorum of the State members is required to be present and that no Commission powers or responsibilities specified in last two sentences of subsec. (b) of this section nor the vote of any Commission member may be delegated to any person not a Commission member or who is not entitled to vote in Commission meetings. Subsec. (d). Pub. L. 94-188, § 104, in provisions relating to compensation of Federal Cochairman and his alternate, substituted references to level III of the Executive Schedule in subchapter II of chapter 53 of title V and level V of such Executive Schedule for references to level IV of the Federal Executive Salary Schedule of the Federal Executive Salary Act of 1964 and grade GS-18 of the Classification Act of 1949, as amended, respectively. EXECUTIVE ORDER NO. 11209 Ex. Ord. No. 11209, Mar. 25, 1965, 30 F.R. 3929, which established the Federal Development Committee for Appalachia, was revoked by Ex. Ord. No. 11386, Dec. 28, 1967, 33 F.R. 5, formerly set out as a note under section 3121 of Title 42, The Public Health and Welfare. DEVELOPMENT ACT OF 1965 SECTION REFERRED TO IN OTHER SECTIONS § 102. Functions of the Commission (a) In carrying out the purposes of this Act, the Commission shall (1) develop, on a continuing basis, comprehensive and coordinated plans and programs and establish priorities thereunder, giving due consideration to other Federal, State, and local planning in the region; (2) conduct and sponsor investigations, research, and studies, including an inventory and analysis of the resources of the region, and, in cooperation with Federal, State, and local agencies, sponsor demonstration projects designed to foster regional productivity and growth; (3) review and study, in cooperation with the agency involved, Federal, State, and local public and private programs and, where appropriate, recommend modifications or additions which will increase their effectiveness in the region; (4) formulate and recommend, where appropriate, interstate compacts and other forms of interstate cooperation, and work with State and local agencies in developing appropriate model legislation; (5) encourage the formation of local development districts; (6) encourage private investment in industrial, commercial, and recreational projects; (7) serve as a focal point and coordinating unit for Appalachian programs; and (8) provide a forum for consideration of problems of the region and proposed solutions and establish and utilize, as appropriate, citizens and special advisory councils and public conferences. (b) In carrying out its functions under this section, the Commission shall identify the characteristics of, and may distinguish between the needs and goals of appropriate subregional areas, including central, northern, and southern Appalachia. (Pub. L. 89-4, title I, § 102, Mar. 9, 1965, 79 Stat. 7; Pub. L. 90-103, title I, § 102, Oct. 11, 1967, 81 Stat. 257; Pub. L. 94-188, title I, § 105, Dec. 31, 1975, 89 Stat. 1080.) REFERENCES IN TEXT This Act, referred to in subsec. (a), means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables, AMENDMENTS 1975-Pub. L. 94-188 designated existing provisions as subsec. (a) and added subsec. (b). 1967-Par. (9). Pub. L. 90-103 struck out par. (9) which required the Commission to advise the Secretary of Commerce on applications for grants for administrative expenses to local development districts. TERMINATION OF ADVISORY COUNCILS Advisory councils in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2 year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 104 of this Appendix. § 103. Recommendations The Commission may, from time to time, make recommendations to the President and to the State Governors and appropriate local officials with respect to (1) the expenditure of funds by Federal, State, and local departments and agencies in the region in the fields of natural resources, agriculture, education, training, health and welfare, and other fields related to the purposes of this Act; and (2) such additional Federal, State, and local legislation or administrative actions as the Commission deems necessary to further the purposes of this Act. (Pub. L. 89-4, title I, § 103, Mar. 9, 1965, 79 Stat. 7.) REFERENCES IN TEXT This Act, referred to in pars. (1) and (2), means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classi fication of this Act to the Code, see section 1 of this Appendix and Tables. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 104 of this Ap pendix. § 104. Liaison between Federal Government and the Commission The President shall provide effective and continuing liaison between the Federal Government and the Commission and a coordinated review within the Federal Government of the plans and recommendations submitted by the Commission pursuant to sections 102 and 103. (Pub. L. 89-4, title I, § 104, Mar. 9, 1965, 79 Stat. 8.) § 105. Administrative expenses of the Commission (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 |