12 2 STA T . 1 479PUBLIC LA W 11 0– 2 3 4 —M A Y 22 , 200 8‘ ‘ SUBCHAPTERI—G E N ERA L PR OV ISIONS ‘ ‘ §1570 1 .Conse n t o fS t a tes ‘‘T his s ubt it ledo es n ot r e q uire a State to en g ageinora c ce p t a progra m under this subtitle w ithout its consent . ‘‘§ 1570 2 . Di st r esse dc o u nties and areas ‘‘ ( a )DESIGNAT I O NS.—Not later than 90 da y sa f ter the date of the enactment of this section , and annually thereafter, each Commission shall ma k e the following designations
‘‘( 1 ) DIST R ESSE DC O U NTIES.—The Commission shall des - ignate as distressed counties those counties in its region that are the most se v erely and persistently economically distressed and underdeveloped and have high rates of poverty, unemploy- ment, or outmigration. ‘‘( 2 ) TRANSITIONA L COUNTIES.—The Commission shall des- ignate as transitional counties those counties in its region that are economically distressed and underdeveloped or have recently suffered high rates of poverty, unemployment, or out- migration. ‘‘( 3 ) ATTAIN M ENT COUNTIES.—The Commission shall des- ignate as attainment counties, those counties in its region that are not designated as distressed or transitional counties under this subsection. ‘‘( 4 ) ISOLATED AREAS O F DISTRESS.—The Commission shall designate as isolated areas of distress, areas located in counties designated as attainment counties under paragraph (3) that have high rates of poverty, unemployment, or outmigration. ‘‘(b) ALLOCATION.—A Commission shall allocate at least 5 0 per- cent of the appropriations made available to the Commission to carry out this subtitle for programs and pro j ects designed to serve the needs of distressed counties and isolated areas of distress in the region. ‘‘(c) ATTAINMENT COUNTIES.— ‘‘(1) IN GENERAL.—E x cept as provided in paragraph (2), funds may not be provided under this subtitle for a project located in a county designated as an attainment county under subsection (a). ‘‘(2) E X CE P TIONS.— ‘‘(A) ADMINISTRATI V E EXPENSES OF LOCAL DEVELOP- MENT DISTRICTS.—The funding prohibition under paragraph (1) shall not apply to grants to fund the administrative expenses of local development districts under section 15505. ‘‘(B) M ULTICOUNT Y AND OT H ER PRO J ECTS.—A Commis- sion may waive the application of the funding prohibition under paragraph (1) with respect to— ‘‘(i) a multicounty project that includes participa- tion by an attainment county
and ‘‘(ii) any other type of project, if a Commission determines that the project could bring significant benefits to areas of the region outside an attainment county. ‘‘(3) ISOLATED AREAS OF DISTRESS.— F or a designation of an isolated area of distress to be effective, the designation shall be supported— ‘‘(A) by the most recent Federal data available; or Deadlin e s.
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