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REFERENCES IN TEXT The Davis-Bacon Act, as amended, referred to in text, is classified to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and Works.

Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), referred to in text, is set out in the Appendix to Title 5, Government Organization and Employees.

83105. Powers and duties of Secretary.

(a) In the performance of, and with respect to, the functions, powers, and duties vested in him by this chapter, the Secretary shall (in addition to any uthority otherwise vested in him) have the functions, powers, and duties set forth in section 1749a of Title 12, except subsections (a), (c) (2), and (f) thereof.

(b) The Secretary is authorized, notwithstanding the provisions of section 529 of Title 31, to make advance or progress payments on account of any grant made pursuant to this chapter. No part of any grant authorized to be made by the provisions of this chapter shall be used for the payment of ordinary governmental operating expenses. (Pub. L. 89-117, title VII, § 705, Aug. 10, 1965, 79 Stat. 492; Pub. L. 90–19, § 22(b), May 25, 1967, 81 Stat. 26.)

AMENDMENTS 1967—Pub. L. 90–19 substituted "Secretary" for "Administrator" wherever appearing in subsecs. (a) and (b) of this section.

83106. Definitions.
As used in this chapter-

(a) The term "State" means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

(b) The term "local public bodies and agencies" Includes public corporate bodies or political subdivisions; public agencies or instrumentalities of one or more States, municipalities, or political subdivisions of one or more States (including public agencies and instrumentalities of one or more municipalities or other political subdivisions of one or more States); Indian tribes; and boards or commissions established under the laws of any State to finance specific capital improvement projects.

(c) The term "development cost" means the cost of constructing the facility and of acquiring the land on which it is located, including necessary site improvements to permit its use as

a site for the facility. (Pub. L. 89–117, title VII, § 706, Aug. 10, 1965, 79 Stat. 492.)

8 3108. Authorization of appropriations.

(a) There are authorized to be appropriated for each fiscal year commencing after June 30, 1965, and ending prior to July 1, 1969, not to exceed (1) $200,000,000 (or $350,000,000 in the case of the fiscal year commencing July 1, 1968) for grants under section 3102 of this title, (2) $50,000,000 for grants under section 3103 of this title, and (3) $25,000,000 for grants under section 3104 of this title. In addition, there is authorized to be appropriated for grants under section 3102 of this title not to exceed $115,000,000 for the fiscal year commencing July 1, 1969, and not to exceed $100,000,000 for the fiscal year commencing July 1, 1970. In addition, upon the enactment of the Emergency Community Facilities Act of 1970, there is authorized to be appropriated for grants under section 702 not to exceed $1,000,000,000 for the fiscal year commencing July 1, 1970. In addition, there is authorized to be appropriated for the fiscal year commencing July 1, 1971, not to exceed $50,000,000 for grants under section 3103 of this title.

(b) Any amounts appropriated under this section shall remain available until expended, and any amounts authorized for any fiscal year under this section but not appropriated may be appropriated for any succeeding fiscal year commencing prior to July 1, 1972. (Pub. L. 89-117, title VII, § 708, Aug. 10, 1965, 79 Stat. 493; Pub. L. 90-448, title VI, 605, Aug. 1, 1968, 82 Stat. 534; Pub. L. 91–152, title III, $ 305(b), (c), Dec. 24, 1969, 83 Stat. 391; Pub. L. 91-431, $ 3(a), (b), Oct. 6, 1970, 84 Stat. 886; Pub. L. 91-609, title III, § 304, Dec. 31, 1970, 84 Stat. 1780.)

REFERENCES IN TEXT The Emergency Community Facilities Act of 1970, referred to in subsec. (a), is Pub, L. 91-431, Oct. 6, 1970, 84 Stat. 886. For classification of this act to the Code see section 1 of Pub. L. 91-431, set out as a Short Title note under section 3102 of this title.

AMENDMENTS

8 3107. Labor standards.

All laborers and mechanics employed by contractors or subcontractors on projects assisted under sections 3102 and 3103 of this title shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended. No such project shall be approved without first obtaining adequate assurance that these labor standards will be maintained upon the construction work. The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950, and section 276c of Title 40. (Pub. L. 89–117, title VII, § 707, Aug. 10, 1965, 79 Stat. 492.)

1970 Subsec. (a). Pub. L. 91-609, $ 304(a), authorized appropriation of $50,000,000 for fiscal year commencing July 1, 1971, for grants under section 3103 of this title.

Pub. L. 91-431, $ 3(a), authorized appropriations for grants under section 3102 of this title of not to exceed $1,000,000,000 for the fiscal year commencing July 1, 1970.

Subsec. (b). Pub. L. 91-609, $ 304 (b), substituted "July 1, 1972" for "July 1, 1971".

Pub. L. 91-431, $ 3(b), substituted “July 1, 1972" for "July 1, 1971".

1969—Subsec. (a). Pub. L. 91–152, § 305 (c), authorized appropriations of not more than $100,000,000 for the fiscal year commencing July 1, 1970.

Subsec. (b). Pub. L. 91-152, $305 (b), substituted "July 1, 1971" for "July 1, 1970".

1968–Subsec. (a). Pub. L. 90-448, $ 605(b), authorized appropriations of not more than $350,000,000 for the fiscal year commencing July 1, 1968, and not more than $115,000,000 for the fiscal year commencing July 1, 1969.

Subsec. (b). Pub. L. 90-448, $ 605(a), substituted "July 1, 1970" for "July 1, 1969."

CONGRESSIONAL STATEMENT OF FINDINGS Section 2 of Pub. L. 91-431 provided that:

“(a) The Congress finds that a large number of municipalities and other entities of local government throughout the Nation are unable to finance construction

of vital and urgently needed public facilities because of the shortage of funds for long-term borrowing.

"(b) The Congress further finds that there is an immediate need for such facilities in order to provide basic safeguards for the health and well-being of the people of the United States, to check widespread pollution of Irreplaceable water sources, and to provide an effective and practical method of combating rising unemployment."

8. Grants for Public Works and Development Facilities

42 U.S.C. 3131–3133, 3135–3136

Sec.

3131.

Direct and supplementary grants. (a) Acquisition or development of public works

and development facilities; required andings precedent to making of direct grants; supplementary grants to provide matching

share funds. (b) Maximum proportion of direct grant funds

to total project cost. (c) Proportion of supplementary grant funds to

total project cost; rules and regulations; maximum grants; required non-Federal

share. (d) Rules and regulations; consideration of un

employment and underemployment in de

termining rules. (e) Competition with regulated public utilities. (1) Review and comment upon projects by local

governmental authorities. Additional grants to areas of substantial unem

ployment during preceding calendar year; an

nual review of eligibility. Limitation of funds expended in any one State.

3132.

3133.

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or commercial plants or facilities, (ii) otherwise assist in the creation of additional longterm employment opportunities for such area, or (iii) primarily benefit the long-term unemployed and members of low-income families or otherwise substantially further the objectives of the Economic Opportunity Act of 1964;

(B) the project for which a grant is requested will fulfill a pressing need of the area, or part thereof, in which it is, or will be, located; and

(C) the area for which a project is to be undertaken has an approved overall economic development program as provided in section 3142 (b) (10) of this title and such project is consistent with such program;

(2) to make supplementary grants in order to enable the States and other entities within redevelopment areas to take maximum advantage of designated Federal grant-in-aid programs (as hereinafter defined), direct grants-in-aid authorized under this section, and Federal grant-in-aid programs authorized by the Watershed Protection and Flood Prevention Act (68 Stat. 666, as amended), and the eleven watersheds authorized by the Flood Control Act of December 22, 1944, as amended and supplemented (58 Stat. 887), for which they are eligible but for which, because of their economic situation, they cannot supply the

required matching share. (b) Maximum proportion of direct grant funds to total

project cost. Subject to subsection (c) hereof, the amount of any direct grant under this section for any project shall not exceed 50 per centum of the cost of such project. (c) Proportion of supplementary grant funds to total

project cost; rules and regulations; maximum grants; required non-Federal share. The amount of any supplementary grant under this section for any project shall not exceed the applicable percentage established by regulations promulgated by the Secretary, but in no event shall the non-Federal share of the aggregate cost of any such project (including assumptions of debt) be less than 20 per centum of such cost, except that in the case of a grant to an Indian tribe, the Secretary may reduce the non-Federal share below such per centum or may waive the non-Federal share. Supplementary grants shall be made by the Secretary, in accord

§ 3131. Direct and supplementary grants. (a) Acquisition or development of public works and

development facilities; required findings precedent to making of direct grants; supplementary

grants to provide matching share funds. Upon the application of any State, or political subdivision thereof, Indian tribe, or private or public nonprofit organization or association representing any redevelopment area or part thereof, the Secretary of Commerce (hereinafter refered to as the Secretary) is authorized

(1) to make direct grants for the acquisition or development of land and improvements for public works, public service, or development facility usage, and the acquisition, construction, rehabilltation, alteration, expansion, or improvement of such facilities, including related machinery and equipment, within a redevelopment area, if he finds that

(A) the project for which financial assistance is sought will directly or indirectly (1) tend to improve the opportunities, in the area where such project is or will be located, for the successful establishment or expansion of industrial

(f) Review and comment upon projects by local gov

ernmental authorities. The Secretary shall prescribe regulations which will assure that appropriate local governmental authorities have been given a reasonable opportunity to review and comment upon proposed projects under this section. (Pub. L. 89-136, title I, § 101, Aug. 26, 1965, 79 Stat. 522; Pub. L. 91-123, title III, $ 301(1), Nov. 25, 1969, 83 Stat. 219.)

REFERENCES IN TEXT The Economic Opportunity Act of 1964, referred to in subsec. (a) (1) (A), is classified to chapter 34 of this title.

The Watershed Protection and Flood Prevention Act, as amended, referred to in subsec. (a) (2), is classified to chapter 18 of Title 16, Conservation.

Flood Control Act of December 22, 1944, as amended and supplemented, is classified principally to chapter 15 of Title 33, Navigation and Navigable Waters.

AMENDMENTS 1969-Subsec. (c). Pub. L. 91-123 authorized the Secretary to walve in whole or part the 20 per centum nonFederal share requirement for project grants to Indian tribes.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3171, 3220, 3221, 3222, 3223 of this title.

ance with such regulations as he shall prescribe, by increasing the amounts of direct grants authorized under this section or by the payment of funds appropriated under this chapter to the heads of the departments, agencies, and instrumentalities of the Federal Government responsible for the administration of the applicable Federal programs. Notwithstanding any requirement as to the amount or sources of non-Federal funds that may otherwise be applicable to the Federal program involved, funds provided under this subsection shall be used for the sole purpose of increasing the Federal contribution to specific projects in redevelopment areas under such programs above the fixed maximum portion of the cost of such project otherwise authorized by the applicable law. The term "designated Federal grant-in-aid programs," as used in this subsection, means such existing or future Federal grant-in-aid programs assisting in the construction or equipping of facilities as the Secretary may, in furtherance of the purposes of this chapter, designate as eligible for allocation of funds under this section. In determining the amount of any supplementary grant available to any project under this section, the Secretary shall take into consideration the relative needs of the area, the nature of the project to be assisted, and the amount of such fair user charges or other revenues as the project may reasonably be expected to generate in excess of those which would amortize the local share of initial costs and provide for its successful operation and maintenance (including depreciation). (d) Rules and regulations; consideration of unem

ployment and underemployment in determining

rules. The Secretary shall prescribe rules, regulations, and procedures to carry out this section which will assure that adequate consideration is given to the relative needs of eligible areas. In prescribing such rules, regulations, and procedures the Secretary shall consider among other relevant factors (1) the severity of the rates of unemployment in the eligible areas and the duration of such unemployment and (2) the income levels of families and the extent of underemployment in eligible areas. (e) Competition with regulated public utilities.

Except for projects specifically authorized by Congress, no financial assistance shall be extended under this section with respect to any public service or development facility which would compete with an existing privately owned public utility rendering a service to the public at rates or charges subject to regulation by a State or Federal regulatory body, unless the State or Federal regulatory body determines that in the area to be served by the facility for which the financial assistance is to be extended there is a need for an increase in such service (taking into consideration reasonably foreseeable future needs) which the existing public utility is not able to meet through its existing facilities or through an expansion which it agrees to undertake.

$ 3132. Additional grants to areas of substantial un

employment during preceding calendar year; annual review of eligibility. (a) In addition to the assistance otherwise authorized, the Secretary is authorized to make grants in accordance with the provisions of this subchapter to those areas which the Secretary of Labor determines, on the basis of average annual available unemployment statistics, were areas of substantial unemployment during the preceding calendar year.

(b) Areas designated under the authority of this section shall be subject to an annual review of eligibility in accordance with section 3162 of this title, and to all of the rules, regulations, and procedures applicable to redevelopment areas except as the Secretary may otherwise prescribe by regulation. (Pub. L. 89-136, title I, § 102, Aug. 26, 1965, 79 Stat. 554.)

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§ 3135. Authorization of appropriations.

There is hereby authorized to be appropriated to carry out this subchapter not to exceed $500,000,000 for the fiscal year ending June 30, 1966, and for each fiscal year thereafter through the fiscal year ending June 30, 1971. (Pub. L. 89-136, title I, $ 105, Aug. 26, 1965, 79 Stat. 544; Pub. L. 91-123, title III, § 301(2), Nov. 25, 1969, 83 Stat. 219; Pub. L. 91-304, § 1(a), July 6, 1970, 84 Stat. 375.)

AMENDMENTS 1970—-Pub. L. 91-304 extended the authorization of appropriations from the fiscal year ending June 30, 1970 to the fiscal year ending June 30, 1971.

1969-Pub. L. 91-123 extended the authorization of appropriations from the fiscal year ending June 30, 1969 to the fiscal year ending June 30, 1970.

§ 3136. Sewer and other waste disposal facilities; cer.

tification by Administrator of the Environmental Protection Agency regarding adequate treatment

prior to discharge into streams. No financial assistance, through grants, loans, guarantees, or otherwise, shall be made under this chapter to be used directly or indirectly for sewer or other waste disposal facilities unless the Administrator of the Environmental Protection Agency certifies to the Secretary that any waste material cerried by such facilities will be adequately treated before it is discharged into any public waterway so as to meet applicable Federal, State, interstate, or local water quality standards. (Pub. L. 89-136, title I, $ 106, Aug. 26, 1965, 79 Stat. 554; 1966 Reorg. Plan No. 2, § 1 (h) (3), eff. May 10, 1966. 31 F.R. 6857,

80 Stat. 1608; 1970 Reorg. Plan No. 3, § 2(a) (1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. -.)

TRANSFER OF FUNCTIONS "Administrator of the Environmental Protection Agency" was substituted for "Secretary of the Interior" pursuant to 1970 Reorg. Plan No. 3, set out in the Appendix to Title 5, Government Organization and Employees, which abolished the Federal Water Quality Administration in the Department of the Interior and transferred to the Administrator of the Environmental Protection Agency all functions which had been transferred to the Secretary of the Interior from the Secretary of Health, Education, and Welfare by Reorg. Plan No. 2 of 1966.

Secretary of Health, Education, and Welfare was changed to Secretary of the Interior pursuant to section 1(h)(3) of 1966 Reorg. Plan No. 2, eff. May 10, 1966, 31 F.R. 6857, 80 Stat. 1608, set out in the Appendix to Title 5, Government Organization and Employees, which transferred to the Secretary of the Interior the functions of the Secretary of Health Education, and Welfare under this section.

9. Water Pollution Control in Appalachia

40 App. U.S.C., Sec. 1-2, 203, 205–206, 212

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§ 1. Short title.

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

SHORT TITLE OF 1967 AMENDMENTS Section 101 of Pub. L. 90-103, title I, Oct. 11, 1967, 81 Stat. 257, provided that: “This title (which enacted sections 109 and 207, and amended 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 the Appalachian Regional Development Act of 1965, and amended 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'." § 2. Findings and statement of purpose.

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 feasi. ble, 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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 205, 402, 403 of this Appendix.

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$ 203. Land stabilization, conservation, and erosion

control. (a) In order to provide for the control and prevention of erosion and sediment damages in the Appalachian region and to promote the conservation and development of the soil and water resources of the region, the Secretary of Agriculture is authorized to enter into agreements of not more than ten years with landowners, operators, and occupiers, individually or collectively, in the Appalachian region determined by him to have control for the period of the agreement of the lands described therein, providing out the provisions of this subsection unless funds specifically appropriated for such purpose have been transferred to it.

(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 (As amended Pub. L. 90-103, title I, $ 108, Oct. 11, 1967, 81 Stat. 260.)

REFERENCES IN TEXT Section 8(b) of the Soil Conservation and Domestic Allotment Act, referred to in subsec, (h), is classified to section 590h(b) of Title 16, Conservation.

AMENDMENTS 1967–Subsec. (1). Pub. L. 90–103 substituted provisions for availability of $19,000,000 for two-fiscal-year period ending June 30, 1969, for former provisions for availability of $17,000,000 for period ending June 30, 1967, as provided in former provisions of section 401 of the Act.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 401 of this Appendix.

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for land stabilization, erosion and sediment control, and reclamation through changes in land use, and conservation treatment including the establishment of practices and measures for the conservation and development of soil, water, woodland, wildlife, and recreation resources.

(b) The landowner, operator, or occupier shall furnish to the Secretary of Agriculture a conservation and development plan setting forth the appropriate and safe land uses and conservation treatment mutually agreed by the Secretary and the landowner operator, or occupier to be needed on the lands for which the plan was prepared.

(c) Such plan shall be incorporated in an agreement under which the landowner, operator, or occupier shall agree with the Secretary of Agriculture to carry out the land uses and conservation treatment provided for in such plan on the lands described in the agreement in accordance with the terms and conditions thereof.

(d) In return for such agreement by the landowner, operator, or occupier the Secretary of Agriculture shall be authorized to furnish financial and other assistance to such landowner, operator, or occupier in such amounts and subject to such conditions as the Secretary determines are appropriate and in the public interest for the carrying out of the land uses and conservation treatment set forth in the agreement: Provided, That grants hereunder shall not exceed 80 per centum of the cost of carrying out such land uses and conservation treatment on fifty acres of land occupied by such owner, operator, or occupier.

(e) The Secretary of Agriculture may terminate any agreement with a landowner, operator or occupier by mutual agreement if the Secretary determines that such termination would be in the public interest, and may agree to such modification of agreements previously entered into hereunder as he deems desirable to carry out the purposes of this section or to facilitate the practical administration of the program authorized herein.

(f) Notwithstanding any other provision of law, the Secretary of Agriculture, to the extent he deems it desirable to carry out the purposes of this section, may provide in any agreement hereunder for (1) preservation for a period not to exceed the period covered by the agreement and an equal period thereafter of the cropland, crop acreage, and allotment history applicable to land covered by the agreement for the purpose of any Federal program under which such history is used as a basis for an allotment or other limitation on the production of such crop; or (2) surrender of any such history and allotments.

(g) The Secretary of Agriculture shall be authorized to issue such rules and regulations as he determines are necessary to carry out the provisions of this section.

(h) In carrying out the provisions of this section, the Secretary of Agriculture shall utilize the services of the Soil Conservation Service, and the State and local committees provided for in section 8(b) of the Soil Conservation and Domestic Allotment Act, and is authorized to utilize the facilities, services, and authorities of the Commodity Credit Corporation. The Corporation shall not make any expenditures to carry

8 205. Mining area restoration.

(a) In order to further the economic development of the region by rehabilitating areas presently damaged by deleterious mining practices, the Secretary of the Interior is authorized to

(1) make financial contributions to States in the region to seal and fill voids in abandoned coal mines and abandoned oil 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 to the extent applicable, without regard to section 2(b) thereof or to any provisions therein limiting assistance 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 carrying out this Act.

(2) plan and execute projects for extinguishing underground and outcrop mine fires in the region or to make grants to the States for carrying out such projects, in accordance with the applicable provisions of the Act of August 31, 1954, without regard to any provisions therein relating in annual appropriation authorization ceilings. Grants under this paragraph shall be made solely out of funds specifically appropriated for the purpose of carrying out this Act.

(b) For the fiscal years 1966, 1967, 1968, 1969, 1970, and 1971, notwithstanding any other provisions 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 (Oct. 11, 1967).

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