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§ 879. Tax exemption; payments to District of Columbia government

(a) Since the exercise of the powers granted by this chapter will be in all respects for the benefit of the people, the Corporation is hereby declared to be devoted to an essential public and governmental function and purpose and shall be exempt from all taxes and special assessments of every kind of the United States and of the District of Columbia.

(b) To the end that the District of Columbia may not suffer undue loss of tax revenue by reason of the provisions of subsection (a) of this section, the Corporation, in connection with any real property acquired and owned by the Corporation in carrying out the provisions of this chapter shall pay to the District of Columbia government an amount equal to the amount of the real property tax which would have been payable to the District of Columbia government beginning on the date of acquisition of such real property by the Corporation if legal title to such property had been held by a private citizen on such date and during all periods to which such date relates.

(Pub. L. 92-578, § 10, Oct. 27, 1972, 86 Stat. 1273.)

§ 880. Report to President and Congress

The Corporation shall transmit to the President and the Congress, annually each January and at such other times as it deems desirable, a comprehensive and detailed report of its operations, activities, and accomplishments under this chapter.

(Pub. L. 92-578, § 11, Oct. 27, 1972, 86 Stat. 1274.)

8881. Civil service retirement and disability fund; contributions

(a) The Corporation shall contribute to the civil service retirement and disability fund, on the basis of annual billings as determined by the Director of the Office of Personnel Management for the excess, if any, of the Government's share of the normal cost of the civil service retirement system applicable to the Corporation's employees and their beneficiaries over the agency contributions required by section 8334(a)(1) of title 5.

(b) The Corporation shall include in the annual billings provided for under subsection (a) of this section, a statement of the fair portion of the cost of the administration of the fund, which shall be paid by the Corporation into the Treasury as miscellaneous receipts. (Pub. L. 92-578, § 12, Oct. 27, 1972, 86 Stat. 1274; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.)

TRANSFER OF FUNCTIONS

"Director of the Office of Personnel Management" was substituted for "Civil Service Commission" in subsec. (a), pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in the United States Civil Service Commission to the Director of the Office of Personnel Manage

ment (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under seetion 1101 of Title 5.

§ 882. Assets and funds for conduct of business

The Corporation is authorized to use in the conduct of its business all its funds and other assets and all funds and other assets which have been or may hereafter be transferred to, allocated to, borrowed by, or otherwise acquired by it.

(Pub. L. 92-578, § 13, Oct. 27, 1972, 86 Stat. 1274.)

§ 883. Violations and penalties

(a) Larceny, embezzlement, or conversion

All general penal statutes relating to the larceny, embezzlement, or conversion of public moneys or property of the United States shall apply to moneys and property of the Corpora tion.

(b) False entries, reports, or statements

Any person who, with intent to defraud the Corporation, or to deceive any director, officer, or employee of the Corporation or any officer or employee of the United States, (1) makes any false entry in any book of the Corporation, or (2) makes any false report or statement for the Corporation, shall, upon conviction thereof, be fined not more than $10,000 or imprisoned not more than five years, or both.

(c) Rebates and conspiracies

Any person who with intent to defraud the Corporation (1) receives any compensation, rebate, or reward, or (2) enters into any conspiracy, collusion, or agreement, express or implied, shall, on conviction thereof, be fined not more than $5,000 or imprisoned not more than five years, or both.

(Pub. L. 92-578, § 14, Oct. 27, 1972, 86 Stat. 1274.)

§ 884. Separability of provisions

If any provisions of this chapter or the application thereof to any body, agency, situation, or circumstances is held invalid the remainder of the chapter and the application of such provision to other bodies, agencies, situations, or circumstances shall not be affected thereby. (Pub. L. 92-578, § 16, Oct. 27, 1972, 86 Stat. 1274.)

§ 885. Authorization of appropriations; prohibition of appropriations from Land and Water Conservation Fund

(a) In addition to the sums heretofore appropriated, there are authorized to be appropriated for operating and administrative expenses of the Corporation $3,000,000 for the fiscal year ending September 30, 1979; $3,200,000 for the fiscal years ending September 30, 1980, and September 30, 1981; and $3,500,000 for the fiscal years ending September 30, 1982, and September 30, 1983.

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(b) To commence implementation of the development plan authorized by section 874 of this title, there are authorized to be appropriated to the Corporation through the fiscal years ending September 30, 1978, $38,800,000, for fiscal year 1979, $15,000,000, for fiscal year 1980, $35,000,000, for fiscal year 1981, $25,000,000, for fiscal year 1982, $30,000,000, and, for fiscal 1983, $35,000,000. For the authorizations made in this subsection, any amounts authorized but not appropriated in any fiscal year shall remain available for appropriation in succeeding years. Any amounts appropriated under this subsection shall remain available without fiscal year limitation. Provided, That appropriations made under the authority of this paragraph shall include sufficient funds to assure the development of square 225 as a demonstration area for the development plan, and shall assure the preservation of the structure now located on square 225 known as the Willard Hotel and its historic facade. No appropriations shall be made from the Land and Water Conservation Fund established by the Act of September 30, 1964 (78 Stat. 897, as amended) [16 U.S.C. 4601-4 et seq.), to effectuate the purposes of this chapter.

(Pub. L. 92-578, § 17, Oct. 27, 1972, 86 Stat. 1275; Pub. L. 93-427, § 3, Oct. 1, 1974, 88 Stat. 1170; Pub. L. 94-388, Aug. 14, 1976, 90 Stat. 1188; Pub. L. 95-629, title I, § 101(4), Nov. 10, 1978, 92 Stat. 3636.)

REFERENCES IN TEXT

The Act of September 30, 1964, referred to in subsec. (b), probably means the act of Sept. 3, 1964, Pub. L. 88-578, 78 Stat. 897, as amended, known as the Land and Water Conservation Fund Act of 1965, which is classified generally to part B (§ 4601-4 et seq.) of subchapter LXIX of chapter 1 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 4601-4 of Title 16 and Tables.

AMENDMENTS

1978-Subsec. (a). Pub. L. 95-629 substituted provisions authorizing appropriations for operating and ad

ministrative expenses of the Corporation for fiscal years ending Sept. 30, 1979, 1980, 1981, 1982 and 1983 for provisions which authorized appropriations for operating and administrative expenses of not to exceed $1,300,000 for the fiscal year ending June 30, 1976, $325,000 for the period July 1 through Sept. 30, 1976, and $1,500,000 each, for the fiscal years ending Sept. 30, 1977 and 1978.

Subsec. (b). Pub. L. 95-629 added provisions authorizing appropriations for fiscal years 1979, 1980, 1981, 1982 and 1983, and substituted provisions directing that any amounts authorized but not appropriated in any fiscal year remain available for appropriation in succeeding years and that amounts appropriated remain available without fiscal year limitation for provisions that appropriations would remain available without fiscal year limitation through Sept. 30, 1990.

1976-Subsec. (a). Pub. L. 94-388 designated existing provisions as subsec. (a), and in subsec. (a) as so designated, substituted provisions authorizing appropriations not to exceed $1,300,000 for fiscal year ending June 30, 1976; $325,000 for the period July 1 through Sept. 30, 1976, and $1,500,000 each, for fiscal years ending Sept. 30, 1977 and Sept. 30, 1978 for provision authorizing appropriations not to exceed $1,750,000, struck out provision for appropriation for the development of the plan to be prepared pursuant to section 874 of this title, and provision prohibiting an appropriation from the Land and Water Conservation Fund established by section 4601-5 of Title 16 to effectuate the purposes of this chapter.

Subsec. (b). Pub. L. 94-388 added subsec. (b).

1974-Pub. L. 93-427 substituted "$1,750,000 for the operating and administrative expenses of the Corporation and" for "$1,000,000".

LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS FOR PROGRAMS OF THE PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION FOR FISCAL YEARS ENDING IN 1981, 1982, 1983, AND 1984

Pub. L. 97-35, title XIV, § 1404, Aug. 13, 1981, 95 Stat. 749, provided that: "Notwithstanding any other provision of law, there shall not be appropriated for programs of the Pennsylvania Avenue Development Corporation in excess of $31,612,000 for the fiscal year ending September 30, 1981; in excess of $19,040,000 for the fiscal year ending on September 30, 1982; in excess of $19,500,000 for the fiscal year ending on September 30, 1983; or in excess of $19,300,000 for the fiscal year ending September 30, 1984."

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.

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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.

81. Short title

This Act may be cited as the "Appalachian Regional Development Act of 1965”.

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 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

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DEVELOPMENT ACT OF 1965

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(7), 201, 202, 203(1), 204, 205, 206(g), 211, 212(b), 214, 221, 223, 224, 302, 303, 401, and 403 of this Appendix, section 461 of this title, and section 5334(a) of Title 5, Government Organization and Employees] may be cited as the 'Appalachian Regional Development Act Amendments of 1967'."

ACTS REFERRED TO IN OTHER SECTIONS

The Appalachian Regional Development Act of 1965 is referred to in title 23 section 143; title 33 section 1257; title 42 sections 1396b, 3171, 3232, 5153.

The Appalachian Regional Development Act Amendments of 1975 are referred to in title 42 sections 3195, 3196.

§ 2. Findings and statement of purpose

(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 accomplished, 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 development, 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.

(As amended 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 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).

REPORT TO CONGRESS ON PROGRESS MADE IN THE INPLEMENTATION OF THE REGIONAL DEVELOPMENT ACT OF 1975

Section 122(b) of Pub. L. 94-188 required the Appalachian Regional Commission to submit to Congress by July 1, 1977, a report on the progress made in implementing subsec. (b) of this section, the energy related enterprise development demonstration authority in section 302 of this Appendix, as well as other amendments made by title I of Pub. L. 94-188.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 302 of this Appendix.

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