Page:United States Statutes at Large Volume 89.djvu/1141

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PUBLIC LAW 94-000—MMMM. DD, 1975

PUBLIC LAW 94-188—DEC. 31, 1975 SEC. 108. Paragraph (2) of section 106 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 106) is amended by inserting after the first sentence the following: "The executive director shall be responsible for carrying out the administrative functions of the Commission, for direction of the Commission staff, and for such other duties as the Commission may assign.". SEC. 109. Section 107 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 107) is amended by inserting " (a) " after "SEC. 107." and adding the following new subsection: "(b) Public participation in the development, revision, and implementation of all plans and programs under this Act by the Commission, any State or any local development district shall be provided for, encouraged, and assisted. The Commission shall develop and publish regulations specifying minimum guidelines for such public participation, including put^lic hearings.". SEC. 110. Section 201 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 201) is amended as follows: (1) The third sentence of subsection (a) is amended by striking "two thousand seven hundred miles" and inserting in lieu thereof "two thousand nine hundred miles"; and the fourth sentence of subsection (a) is amended by striking "one thousand six hundred miles" and inserting in lieu thereof "one thousand four hundred miles". (2) Subsection (g) is amended by striking "and $180,000,000 for the fiscal year ending June 30, 1978." and inserting in lieu thereof $250,000,000 for fiscal year 1978; $300,000,000 for fiscal year 1979; $300,000,000 for fiscal year 1980; and $170,000,000 for fiscal year 1981.". SEC. 111. Section 202 of the Appalachian Regional Development Act of 1965 (40 App. LLS.C. 202) is amended as follows: (1) The second sentence of subsection (a) is amended by (A) inserting after "not operated for profit" the phrase ", or previously operated for profit where the acquisition of such facilities is the most costeffective means for providing increased health services if the Commission finds that but for the acquisition of such facility such health services would not be otherwise provided in the area served by such facility,", and (B) inserting after "made in accordance" the phrase "with section 223 of this Act and shall not be incompatible". (2) The third sentence of subsection (c) of such section is amended by inserting "and title X X " after "title IV, parts A and B,". SEC. 112. Section 205 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 205) is amended as follows: (1) The first sentence of subsection (a)(1) is amended by striking "and to control and abate mine drainage pollution." and inserting in lieu thereof "to control and abate mine drainage pollution; and for planning or engineering for any such activities.". (2) The first sentence of subsection (a)(2) is amended by inserting "planning, engineering, or" after "projects for". (3) The second sentence of subsection (b) of such section is amended by inserting "(including, but not limited to, sand, clay, stone, culm, rock, spoil bank and noncombustible materials)" after "materials". (4) Subsection (c) is amended to read as follows: "(c) Whenever a State, local government, or other nonprofit applicant agrees to indemnify the Federal Government, or its officers, agents, or employees, for all claims of loss or damage resulting from the use and occupation of lands for a project assisted under this section, the Secretary may waive all requirements for the submission

89 STAT. 1081

Plans and programs, public participation.

Regulations.

Appalachian development highway system.

Appropriation authorization.

Demonstration health projects.

Post, p. 1083.

Mining area restoration.

Waiver.