PUBLIC LAW 107-217—AUG. 21, 2002 116 STAT. 1275 (2) the Appalachian RegionEd Commission has approved the program or project and has determined that it— (A) meets the apphcable criteria under section 14524 of this title and the requirements of the development planning process under section 14525 of this title; and (B) will contribute to the development of the Appalachian region. (b) DECISION IS CONTROLLING.— A decision under subsection (a)(2) is controlling and shall be accepted by the federal agencies. § 14524. Program development criteria (a) FACTORS TO BE CONSIDERED.—In considering programs and projects to be given assistance under this subtitle, and in establishing a priority ranking of the requests for assistance presented to the Appalachian Regional Commission, the Commission shall follow procedures that will ensure consideration of— (1) the relationship of the project or class of projects to overall regional development, including its location in a severely and persistently distressed county or area; (2) the population and area to be served by the project or class of projects, including the per capita market income and the unemployment rates in the area; (3) the relative financial resources available to the State or political subdivisions or instrumentalities of the State that seek to undertake the project; (4) the importance of the project or class of projects in relation to other projects or classes of projects that may be in competition for the same amounts; (5) the prospects that the project for which assistance is sought will improve, on a continuing rather than a temporary basis, the opportunities for employment, the average level of income, or the economic and social development of the area served by the project; and (6) the extent to which the project design provides for detailed outcome measurements by which grant expenditures may be evaluated. (b) LIMITATION ON USE. — Financial assistance made available under this subtitle shall not be used to assist establishments relocating from one area to another. (c) DETERMINATION REQUIRED BEFORE AMOUNTS MAY BE PRO- VIDED. —Amounts may be provided for programs aind projects in a State under this subtitle only if the Commission determines that the level of federal and state financial assistance under other laws for the same type of programs or projects in that part of the State within the Appalachian region will not be diminished in order to substitute amounts authorized by this subtitle. (d) MINIMUM AMOUNT OF ASSISTANCE TO DISTRESSED COUNTIES AND AREAS.— For each fiscal year, not less than 50 percent of the amount of grant expenditures the Commission approves shall support activities or projects that benefit severely and persistently distressed counties and areas. § 14525. State development planning process (a) STATE DEVELOPMENT PLAN. —Pursuant to policies the Appalachian Regional Commission establishes, each state member shall submit a development plan for the area of the State within the Appalachian region. The plan shall—
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