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TITLE IV — APPROPRIATIONS AND MISCELLANEOUS PROVISIONS

§ 401. Authorization of appropriations

(a) In General.--In addition to amounts authorized by section 201 and other amounts made available for the Appalachian development highway system program, there are authorized to be appropriated to the Commission to carry out this Act--

(1) $68,000,000 for fiscal year 1999;

(2) $69,000,000 for fiscal year 2000; and

(3) $70,000,000 for fiscal year 2001.

(b) Availability.--Sums made available under subsection (a) shall remain available until expended.

(Pub. L. 89-4, title IV, § 401, Mar. 9, 1965, 79 Stat. 21; Pub. L. 90-103, title I, § 122, Oct. 11, 1967, 81 Stat. 266; Pub. L. 91-123, title I, § 109, Nov. 25, 1969, 83 Stat. 215; Pub. L. 92-65, title II, § 212, Aug. 5, 1971, 85 Stat. 172; Pub. L. 94-188, title I, § 121, Dec. 31, 1975, 89 Stat. 1086; Pub. L. 96-506, § 3(5), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 97-35, title XVIII, § 1822(a)(3), (4), Aug. 13, 1981, 95 Stat. 767; Pub. L. 105-393, title II, § 221, Nov. 13, 1998, 112 Stat. 3625.)

AMENDMENTS

1998--Pub. L. 105-393 amended section generally, substituting present provisions for provisions which authorized appropriations for fiscal years 1971 to 1982 and provided limitations on use of funds.

1981--Pub. L. 97-35 substituted "$50,000,000" for "$140,000,000" and inserted provisions respecting obligation of sums authorized for the fiscal year ending Sept. 30, 1982.

1980--Pub. L. 96-506 inserted provisions authorizing appropriations of $300,000,000 for the two-fiscal-year period ending Sept. 30, 1981, and $140,000,000 for the fiscal year ending Sept. 30, 1982.

1975--Pub. L. 94-188 inserted provisions authorizing additional appropriations for the period beginning July 1, 1975 and ending Sept. 30, 1977, and for the two-fiscal-year period ending Sept. 30, 1979.

1971--Pub. L. 92-65 inserted reference to section 208, authorized appropriation of $282,000,000 for the two-fiscal-year period ending June 30, 1973, and $294,000,000 for the two-fiscal-year period ending June 30, 1975, and struck out provisions limiting to certain amounts the funds allotted to be used in carrying out specified sections.

1969--Pub. L. 91-123 authorized appropriations in an amount not to exceed $268,500,000 for the two-fiscal-year period ending June 30, 1971, and designated specific amounts of the authorization to carry out the purposes of enumerated sections.

1967--Pub. L. 90-103 inserted reference to appropriation authorization in section 105 and for local access roads, made the appropriation to the President, and substituted provisions for availability of $170,000,000 for two-fiscal-year period ending June 30, 1969, for former provisions for availability of $252,400,000 for period ending June 30, 1967.

APPROPRIATIONS

Provisions appropriating funds to carry out programs authorized by the Appalachian Regional Development Act of 1965, which is set out in this Appendix, notwithstanding section 405 of this Appendix, were contained in the following appropriation acts:

Pub. L. 106-60, title IV, Sept. 29, 1999, 113 Stat. 498.

Pub. L. 105-245, title IV, Oct. 7, 1998, 112 Stat. 1854.

Pub. L. 105-62, title IV, Oct. 13, 1997, 111 Stat. 1336.

Pub. L. 104-206, title IV, Sept. 30, 1996, 110 Stat. 3000.

Pub. L. 104-46, title IV, Nov. 13, 1995, 109 Stat. 416.

Pub. L. 103-316, title IV, Aug. 26, 1994, 108 Stat. 1720.

Pub. L. 103-126, title IV, Oct. 28, 1993, 107 Stat. 1331.

Pub. L. 102-377, title IV, Oct. 2, 1992, 106 Stat. 1339.

Pub. L. 102-104, title IV, Aug. 17, 1991, 105 Stat. 533.

Pub. L. 101-514, title IV, Nov. 5, 1990, 104 Stat. 2095.

Pub. L. 101-101, title IV, Sept. 29, 1989, 103 Stat. 663.

Pub. L. 100-371, title IV, July 19, 1988, 102 Stat. 871.

Pub. L. 100-202, § 101(d) [title IV], Dec. 22, 1987, 101 Stat. 1329-104, 1329-127.

Pub. L. 99-500, § 101(e) [title IV], Oct. 18, 1986, 100 Stat. 1783-194, 1783-210, and Pub. L. 99-591, § 101(e) [title IV], Oct. 30, 1986, 100 Stat. 3341-194, 3341-210.

Pub. L. 99-141, title IV, Nov. 1, 1985, 99 Stat. 577.

Pub. L. 98-360, title IV, July 16, 1984, 98 Stat. 418.

Pub. L. 98-50, title IV, July 14, 1983, 97 Stat. 259.

Pub. L. 97-377, title I, § 101(f), Dec. 21, 1982, 96 Stat. 1906.

Pub. L. 97-88, title IV, Dec. 4, 1981, 95 Stat. 1146.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 214, 302 of this Appendix.

§ 402. Applicable labor standards

All laborers and mechanics employed by contractors or subcontractors in the construction, alteration, or repair, including painting and decorating, of projects, buildings, and works which are financially assisted through the Federal funds authorized under this Act, 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 (40 U.S.C. 276a--276a-5). The Secretary of Labor shall have with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176, 64 Stat. 1267), and section 2 of the Act of June 13, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276(c)).

(Pub. L. 89-4, title IV, § 402, Mar. 9, 1965, 79 Stat. 21.)

REFERENCES IN TEXT

The Davis-Bacon Act, as amended, referred to in text, is act Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which is classified generally to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 276a of Title 40 and Tables.

Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176, 64 Stat. 1267), referred to in text, is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appendix to Title 5, Government Organization and Employees.

Section 2 of the Act of June 13, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276(c)), referred to in text, probably means section 276c of Title 40, Public Buildings, Property, and Works.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 207 of this Appendix.

§ 403. Definition of Appalachian region

As used in this Act, the term "Appalachian region" or "the region" means that area of the eastern United States consisting of the following counties (including any political subdivision located within such area):

In Alabama, the counties of Bibb, Blount, Calhoun, Chambers, Cherokee, Chilton, Clay, Cleburne, Colbert, Coosa, Cullman, De Kalb, Elmore, Etowah, Fayette, Franklin, Hale, Jackson, Jefferson, Lamar, Lauderdale, Lawrence, Limestone, Macon, Madison, Marion, Marshall, Morgan, Pickens, Randolph, St. Clair, Shelby, Talladega, Tallapoosa, Tuscaloosa, Walker, and Winston;

In Georgia, the counties of Banks, Barrow, Bartow, Carroll, Catoosa, Chattooga, Cherokee, Dade, Dawson, Douglas, Elbert, Fannin, Floyd, Forsyth, Franklin, Gilmer, Gordon, Gwinnett, Habersham, Hall, Haralson, Hart, Heard, Jackson, Lumpkin, Madison, Murray, Paulding, Pickens, Polk, Rabun, Stephens, Towns, Union, Walker, White, and Whitfield;

In Kentucky, the counties of Adair, Bath, Bell, Boyd, Breathitt, Carter, Casey, Clark, Clay, Clinton, Cumberland, Elliott, Estill, Fleming, Floyd, Garrard, Green, Greenup, Harlan, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, McCreary, Madison, Magoffin, Martin, Menifee, Monroe, Montogomery,1 Morgan, Owsley, Perry, Pike, Powell, Pulaski, Rockcastle, Rowan, Russell, Wayne, Whitley, and Wolfe;
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1 So in original.

In Maryland, the counties of Allegany, Garrett, and Washington;

In Mississippi, the counties of Alcorn, Benton, Calhoun, Chickasaw, Choctaw, Clay, Itawamba, Kemper, Lee, Lowndes, Marshall, Monroe, Noxubee, Oktibbeha, Pontotoc, Prentiss, Tippah, Tishomingo, Union, Webster, Winston, and Yalobusha;

In New York, the counties of Allegany, Broome, Cattaraugus, Chautauqua, Chemung, Chenango, Cortland, Delaware, Otsego, Schoharie, Schuyler, Steuben, Tioga, and Tompkins;

In North Carolina, the counties of Alexander, Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Davie, Forsyth, Graham, Haywood, Henderson, Jackson, McDowell, Macon, Madison, Mitchell, Polk, Rutherford, Stokes, Surry, Swain, Transylvania, Watauga, Wilkes, Yadkin, and Yancey;

In Ohio, the counties of Adams, Athens, Belmont, Brown, Carroll, Clermont, Columbiana, Coshocton, Gallia, Guernsey, Harrison, Highland, Hocking, Holmes, Jackson, Jefferson, Lawrence, Meigs, Monroe, Morgan, Muskingum, Noble, Perry, Pike, Ross, Scioto, Tuscarawas, Vinton, and Washington;

In Pennsylvania, the counties of Allegheny, Armstrong, Beaver, Bedford, Blair, Bradford, Butler, Cambria, Cameron, Carbon, Centre, Clarion, Clearfield, Clinton, Columbia, Crawford, Elk, Erie, Fayette, Forest, Fulton, Greene, Huntingdon, Indiana, Jefferson, Juniata, Lackawanna, Lawrence, Luzerne, Lycoming, McKean, Mercer, Mifflin, Monroe, Montour, Northumberland, Perry, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Venango, Warren, Washington, Wayne, Westmoreland, and Wyoming;

In South Carolina, the counties of Anderson, Cherokee, Greenville, Oconee, Pickens, and Spartanburg;

In Tennessee, the counties of Anderson, Bledsoe, Blount, Bradley, Campbell, Cannon, Carter, Claiborne, Clay, Cocke, Coffee, Cumberland, De Kalb, Fentress, Franklin, Grainger, Greene, Grundy, Hamblen, Hamilton, Hancock, Hawkins, Jackson, Jefferson, Johnson, Knox, Loudon, McMinn, Macon, Marion, Megs, Monroe, Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott, Sequatchie, Sevier, Smith, Sullivan, Unicoi, Union, Van Buren, Warren, Washington, and White;

In Virginia, the counties of Alleghany, Bath, Bland, Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd, Giles, Grayson, Highland, Lee, Montgomery, Pulaski, Rockbridge, Russell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe;

All the counties of West Virginia.

No recommendation for any change in the definition of the Appalachian region as set forth in this section shall be proposed or considered by the Commission without a prior resolution by the Committee on Environment and Public Works of the Senate or the Committee on Public Works and Transportation of the House of Representatives, directing a study of such change.

The President is authorized and directed to make a study of the extent to which portions of upper New York State which are geographically part of the New England region or the Appalachian region and share the social and economic characteristics thereof should be included in either of such regions. He shall submit the results of such study together with his recommendations to Congress not later than June 30, 1970.

(Pub. L. 89-4, title IV, § 403, Mar. 9, 1965, 79 Stat. 21; Pub. L. 90-103, title I, § 123, Oct. 11, 1967, 81 Stat. 266; Pub. L. 91-123, title I, § 110, Nov. 25, 1969, 83 Stat. 215; 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; Pub. L. 105-178, title I, § 1222(a), June 9, 1998, 112 Stat. 223.)

AMENDMENTS

1998--Pub. L. 105-178 inserted "Hale," after "Franklin," and "Macon," after "Limestone," in listing of counties in Alabama, inserted "Elbert," after "Douglas," and "Hart," after "Haralson," in listing of counties in Georgia, substituted "Winston, and Yalobusha" for "and Winston" in listing of counties in Mississippi, and inserted "Montgomery," after "Lee," and "Rockbridge," after "Pulaski," in listing of counties in Virginia.

1994--Pub. L. 103-437, in penultimate par., substituted "Committee on Environment and Public Works of the Senate or the Committee on Public Works and Transportation of the House of Representatives" for "Committee on Public Works of the Senate or of the House of Representatives".

1991--Pub. L. 102-240 inserted "Calhoun," after "Benton," in listing of counties in Mississippi.

1990--Pub. L. 101-434 inserted "Columbiana," after "Carroll, Clermont," in listing of counties in Ohio.

1969--Pub. L. 91-123 authorized and directed the President to make a study of the upper portions of New York State to determine which are geographically part of the New England region or the Appalachian region, and share similar socio-economic characteristics of either of such regions, and provided that the results of this study be submitted to Congress no later than June 30, 1970.

1967--Pub. L. 90-103 included the counties of Lamar and Pickens in Alabama, the counties of Mississippi and New York, and the county of Cannon in Tennessee, prohibited future changes in the regional definition without prior request of Congress, and struck out, as executed, provision for consultation between Commission and Governor of New York leading to participation and inclusion of counties of New York in the region.

CHANGE OF NAME

Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102-240, set out as a note under section 104 of Title 23, Highways.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 405 of this Appendix; title 33 section 1257; title 42 section 3174.

§ 404. Severability

If any provision of this Act, or the applicability thereof to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.

(Pub. L. 89-4, title IV, § 404, Mar. 9, 1965, 79 Stat. 23.)

§ 405. Termination

This Act, other than sections 201 and 403, shall cease to be in effect on October 1, 2001.

(Pub. L. 89-4, title IV, § 405, Mar. 9, 1965, 79 Stat. 23; Pub. L. 91-123, title I, § 111, Nov. 25, 1969, 83 Stat. 216; Pub. L. 92-65, title II, § 213, Aug. 5, 1971, 85 Stat. 173; Pub. L. 94-188, title I, § 122(a), Dec. 31, 1975, 89 Stat. 1086; Pub. L. 96-506, § 3(6), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 105-178, title I, § 1222(b), June 9, 1998, 112 Stat. 224; Pub. L. 105-393, title II, § 222, Nov. 13, 1998, 112 Stat. 3625.)

AMENDMENTS

1998--Pub. L. 105-393 substituted "2001" for "1982".

Pub. L. 105-178 substituted "sections 201 and 403" for "section 201".

1980--Pub. L. 96-506 substituted "1982" for "1979".

1975--Pub. L. 94-188 substituted "October 1, 1979" for "July 1, 1975".

1971--Pub. L. 92-65 substituted "July 1, 1975" for "July 1, 1971".

1969--Pub. L. 91-123 provided that section 201 be exempt from the July 1, 1971, termination date of this Act.

CONSTRUCTION OF 1998 AMENDMENT

Pub. L. 105-178, title I, § 1222(b), June 9, 1998, 112 Stat. 224, provided in part that: "This amendment [amending this section] ensures that section 403 [of this Appendix] is still in effect."


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