§14102 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

Names which counties count as the Appalachian region and what a local development district is, and it bars the Commission from seeking boundary changes without a special study. The Appalachian region covers specific counties listed for Alabama, Georgia, Kentucky, Maryland, Mississippi, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, and Virginia, and it includes all counties of West Virginia (Brooke, Hancock, Marshall, and Ohio Counties are treated as part of the North Central subregion). It includes those counties and any local governments inside them. A local development district is any nonprofit or nonprofit public agency that the state’s governor (or the appropriate state official) certifies has the power to do economic development for counties or parts of counties in the region; this can be a nonprofit corporation, a nonprofit arm of state or local government, a nonprofit created by an agreement between states, or a group made of these. The Appalachian Regional Commission may not propose or consider changing the region’s definition unless the Senate Committee on Environment and Public Works or the House Committee on Transportation and Infrastructure first passes a resolution calling for a study of the change.

Title 40, §14102

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)In this subtitle—

(1)The term “Appalachian region” means that area of the eastern United States consisting of the following counties (including any political subdivision located within the area):

(A)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.

(B)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.

(C)In Kentucky, the counties of Adair, Bath, Bell, Boyd, Breathitt, Carter, Casey, Clark, Clay, Clinton, Cumberland, Edmonson, Elliott, Estill, Fleming, Floyd, Garrard, Green, Greenup, Harlan, Hart, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, McCreary, Madison, Magoffin, Martin, Menifee, Metcalfe, Monroe, Montgomery, Morgan, Nicholas, Owsley, Perry, Pike, Powell, Pulaski, Robertson, Rockcastle, Rowan, Russell, Wayne, Whitley, and Wolfe.

(D)In Maryland, the counties of Allegany, Garrett, and Washington.

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

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

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

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

(I)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.

(J)In South Carolina, the counties of Anderson, Cherokee, Greenville, Oconee, Pickens, Spartanburg, and Union.

(K)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, Lawrence, Lewis, Loudon, McMinn, Macon, Marion, Meigs, Monroe, Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott, Sequatchie, Sevier, Smith, Sullivan, Unicoi, Union, Van Buren, Warren, Washington, and White.

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

(M)All the counties of West Virginia, of which the counties of Brooke, Hancock, Marshall, and Ohio shall be considered to be located in the North Central subregion.

(2)The term “local development district” means any of the following entities for which the Governor of the State in which the entity is located, or the appropriate state officer, certifies to the Appalachian Regional Commission that the entity has a charter or authority that includes the economic development of counties or parts of counties or other political subdivisions within the region:

(A)a nonprofit incorporated body organized or chartered under the law of the State in which it is located.

(B)a nonprofit agency or instrumentality of a state or local government.

(C)a nonprofit agency or instrumentality created through an interstate compact.

(D)a nonprofit association or combination of bodies, agencies, and instrumentalities described in this paragraph.

(b)The Commission may not propose or consider a recommendation for any change in the definition of the Appalachian region as set forth in this section without a prior resolution by the Committee on Environment and Public Works of the Senate or the Committee on Transportation and Infrastructure of the House of Representatives that directs a study of the change.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 14102(a)(1)40 App.:403 (less last 2 pars.).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; Pub. L. 107–149, §§ 11, 13(j), Mar. 12, 2002, 116 Stat. 70, 73. 14102(a)(2)40 App.:301.Pub. L. 89–4, title III, § 301, Mar. 9, 1965, 79 Stat. 19. 14102(b)40 App.:403 (last 2 pars.). In subsection (a)(2), the words “the appropriate state official” are substituted for “the State officer designated by the appropriate State law to make such certification” to eliminate unnecessary words. The words “No entity shall be certified as a local development district for the purposes of this Act unless it is one of the following” are omitted as unnecessary. In subsection (b), the text of 40 App.:403 (last par.) is omitted as obsolete.

Editorial Notes

Amendments

2021—Subsec. (a)(1)(G). Pub. L. 117–58, § 11506(a)(1), inserted “Catawba,” after “Caldwell,” and “Cleveland,” after “Clay,”. Subsec. (a)(1)(J). Pub. L. 117–58, § 11506(a)(2), substituted “Spartanburg, and Union” for “and Spartanburg”. Subsec. (a)(1)(M). Pub. L. 117–58, § 11506(a)(3), inserted “, of which the counties of Brooke, Hancock, Marshall, and Ohio shall be considered to be located in the North Central subregion” after “West Virginia”. 2008—Subsec. (a)(1)(C). Pub. L. 110–371, § 7(a), inserted “Metcalfe,” after “Menifee,”, “Nicholas,” after “Morgan,”, and “Robertson,” after “Pulaski,”. Subsec. (a)(1)(H). Pub. L. 110–371, § 7(b), inserted “Ashtabula,” after “Adams,”, “Mahoning,” after “Lawrence,”, and “Trumbull,” after “Scioto,”. Subsec. (a)(1)(K). Pub. L. 110–371, § 7(c), inserted “Lawrence, Lewis,” after “Knox,”. Subsec. (a)(1)(L). Pub. L. 110–371, § 7(d), inserted “Henry,” after “Grayson,” and “Patrick,” after “Montgomery,”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of Title 23, Highways.

§14102 Definitions