[DOCID: f:hr321p1.110]
From the House Reports Online via GPO Access
[wais.access.gpo.gov]
110th Congress Rept. 110-321
HOUSE OF REPRESENTATIVES
1st Session Part 1
======================================================================
REGIONAL ECONOMIC AND INFRASTRUCTURE DEVELOPMENT ACT OF 2007
_______
September 7, 2007.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 3246]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3246) to amend title 40, United
States Code, to provide a comprehensive regional approach to
economic and infrastructure development in the most severely
economically distressed regions in the Nation, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regional Economic and Infrastructure
Development Act of 2007''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) certain regions of the Nation, including Appalachia, the
Mississippi Delta Region, the Northern Great Plains Region, the
Southeast Crescent Region, the Southwest Border Region, the
Northern Border Region, and rural Alaska, have suffered from
chronic distress far above the national average;
(2) an economically distressed region can suffer unemployment
and poverty at a rate that is 150 percent of the national
average; and
(3) regional commissions are unique Federal-State
partnerships that can provide targeted resources to alleviate
pervasive economic distress.
(b) Purposes.--The purposes of this Act are--
(1) to provide a comprehensive regional approach to economic
and infrastructure development in the most severely
economically distressed regions in the Nation; and
(2) to ensure that the most severely economically distressed
regions in the Nation have the necessary tools to develop the
basic building blocks for economic development, such as
transportation and basic public infrastructure, job skills
training, and business development.
SEC. 3. REGIONAL ECONOMIC AND INFRASTRUCTURE DEVELOPMENT.
(a) In General.--Title 40, United States Code, is amended--
(1) by redesignating subtitle V as subtitle VI; and
(2) by inserting after subtitle IV the following:
``Subtitle V--Regional Economic and Infrastructure Development
``Chapter Sec.
``151. GENERAL PROVISIONS................................... 15101
``153. REGIONAL COMMISSIONS................................. 15301
``155. FINANCIAL ASSISTANCE................................. 15501
``157. ADMINISTRATIVE PROVISIONS............................ 15701
``CHAPTER 151--GENERAL PROVISIONS
``Sec.
``15101. Definitions.
``Sec. 15101. Definitions
``In this subtitle, the following definitions apply:
``(1) Commission.--The term `Commission' means a Commission
established under section 15301.
``(2) Local development district.--The term `local
development district' means an entity that--
``(A)(i) is an economic development district that
is--
``(I) in existence on the date of enactment
of this chapter; and
``(II) located in the region; or
``(ii) if an entity described in clause (i) does not
exist--
``(I) is organized and operated in a manner
that ensures broad-based community
participation and an effective opportunity for
local officials, community leaders, and the
public to contribute to the development and
implementation of programs in the region;
``(II) is governed by a policy board with at
least a simple majority of members consisting
of--
``(aa) elected officials; or
``(bb) designees or employees of a
general purpose unit of local
government that have been appointed to
represent the unit of local government;
and
``(III) is certified by the Governor or
appropriate State officer as having a charter
or authority that includes the economic
development of counties, portions of counties,
or other political subdivisions within the
region; and
``(B) has not, as certified by the Federal
Cochairperson--
``(i) inappropriately used Federal grant
funds from any Federal source; or
``(ii) appointed an officer who, during the
period in which another entity inappropriately
used Federal grant funds from any Federal
source, was an officer of the other entity.
``(3) Federal grant program.--The term `Federal grant
program' means a Federal grant program to provide assistance in
carrying out economic and community development activities.
``(4) Indian tribe.--The term `Indian tribe' has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b).
``(5) Nonprofit entity.--The term `nonprofit entity' means
any entity with tax-exempt or nonprofit status, as defined by
the Internal Revenue Service, that has been formed for the
purpose of economic development.
``(6) Region.--The term `region' means the area covered by a
Commission as described in subchapter II of chapter 157.
``CHAPTER 153--REGIONAL COMMISSIONS
``Sec.
``15301. Establishment, membership, and employees.
``15302. Decisions.
``15303. Functions.
``15304. Administrative powers and expenses.
``15305. Meetings.
``15306. Personal financial interests.
``15307. Tribal representation on Northern Great Plains Regional
Commission.
``15308. Tribal participation.
``15309. Annual report.
``Sec. 15301. Establishment, membership, and employees
``(a) Establishment.--There are established the following regional
Commissions:
``(1) The Delta Regional Commission.
``(2) The Northern Great Plains Regional Commission.
``(3) The Southeast Crescent Regional Commission.
``(4) The Southwest Border Regional Commission.
``(5) The Northern Border Regional Commission.
``(b) Membership.--
``(1) Federal and state members.--Each Commission shall be
composed of the following members:
``(A) A Federal Cochairperson, to be appointed by the
President, by and with the advice and consent of the
Senate.
``(B) The Governor of each participating State in the
region of the Commission.
``(2) Alternate members.--
``(A) Alternate federal cochairperson.--The President
shall appoint an alternate Federal Cochairperson for
each Commission. The alternate Federal Cochairperson,
when not actively serving as an alternate for the
Federal Cochairperson, shall perform such functions and
duties as are delegated by the Federal Cochairperson.
``(B) State alternates.--The State member of a
participating State may have a single alternate, who
shall be appointed by the Governor of the State from
among the members of the Governor's cabinet or personal
staff.
``(C) Voting.--An alternate member shall vote in the
case of the absence, death, disability, removal, or
resignation of the Federal or State member for which
the alternate member is an alternate.
``(3) Cochairpersons.--A Commission shall be headed by--
``(A) the Federal Cochairperson, who shall serve as a
liaison between the Federal Government and the
Commission; and
``(B) a State Cochairperson, who shall be a Governor
of a participating State in the region and shall be
elected by the State members for a term of not less
than 1 year.
``(4) Consecutive terms.--A State member may not be elected
to serve as State Cochairperson for more than 2 consecutive
terms.
``(c) Compensation.--
``(1) Federal cochairpersons.--Each Federal Cochairperson
shall be compensated by the Federal Government at level III of
the Executive Schedule as set out in section 5314 of title 5.
``(2) Alternate federal cochairpersons.--Each Federal
Cochairperson's alternate shall be compensated by the Federal
Government at level V of the Executive Schedule as set out in
section 5316 of title 5.
``(3) State members and alternates.--Each State member and
alternate shall be compensated by the State that they represent
at the rate established by the laws of that State.
``(d) Executive Director and Staff.--
``(1) In general.--A Commission shall appoint and fix the
compensation of an executive director and such other personnel
as are necessary to enable the Commission to carry out its
duties. Compensation under this paragraph may not exceed the
maximum rate of basic pay established for the Senior Executive
Service under section 5382 of title 5, including any applicable
locality-based comparability payment that may be authorized
under section 5304(h)(2)(C) of that title.
``(2) Executive director.--The executive director shall be
responsible for carrying out the administrative duties of the
Commission, directing the Commission staff, and such other
duties as the Commission may assign.
``(e) No Federal Employee Status.--No member, alternate, officer, or
employee of a Commission (other than the Federal Cochairperson, the
alternate Federal Cochairperson, staff of the Federal Cochairperson,
and any Federal employee detailed to the Commission) shall be
considered to be a Federal employee for any purpose.
``Sec. 15302. Decisions
``(a) Requirements for Approval.--Except as provided in section
15304(c)(3), decisions by the Commission shall require the affirmative
vote of the Federal Cochairperson and a majority of the State members
(exclusive of members representing States delinquent under section
15304(c)(3)(C)).
``(b) Consultation.--In matters coming before the Commission, the
Federal Cochairperson shall, to the extent practicable, consult with
the Federal departments and agencies having an interest in the subject
matter.
``(c) Quorums.--A Commission shall determine what constitutes a
quorum for Commission meetings; except that--
``(1) any quorum shall include the Federal Cochairperson or
the alternate Federal Cochairperson; and
``(2) a State alternate member shall not be counted toward
the establishment of a quorum.
``(d) Projects and Grant Proposals.--The approval of project and
grant proposals shall be a responsibility of each Commission and shall
be carried out in accordance with section 15503.
``Sec. 15303. Functions
``A Commission shall--
``(1) assess the needs and assets of its region based on
available research, demonstration projects, investigations,
assessments, and evaluations of the region prepared by Federal,
State, and local agencies, universities, local development
districts, and other nonprofit groups;
``(2) develop, on a continuing basis, comprehensive and
coordinated economic and infrastructure development strategies
to establish priorities and approve grants for the economic
development of its region, giving due consideration to other
Federal, State, and local planning and development activities
in the region;
``(3) not later than one year after the date of enactment of
this section, and after taking into account State plans
developed under section 15502, establish priorities in an
economic and infrastructure development plan for its region,
including 5-year regional outcome targets;
``(4)(A) enhance the capacity of, and provide support for,
local development districts in its region; or
``(B) if no local development district exists in an area in a
participating State in the region, foster the creation of a
local development district;
``(5) encourage private investment in industrial, commercial,
and other economic development projects in its region;
``(6) cooperate with and assist State governments with the
preparation of economic and infrastructure development plans
and programs for participating States;
``(7) formulate and recommend to the Governors and
legislatures of States that participate in the Commission forms
of interstate cooperation and, where appropriate, international
cooperation; and
``(8) work with State and local agencies in developing
appropriate model legislation to enhance local and regional
economic development.
``Sec. 15304. Administrative powers and expenses
``(a) Powers.--In carrying out its duties under this subtitle, a
Commission may--
``(1) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence, and print
or otherwise reproduce and distribute a description of the
proceedings and reports on actions by the Commission as the
Commission considers appropriate;
``(2) authorize, through the Federal or State Cochairperson
or any other member of the Commission designated by the
Commission, the administration of oaths if the Commission
determines that testimony should be taken or evidence received
under oath;
``(3) request from any Federal, State, or local agency such
information as may be available to or procurable by the agency
that may be of use to the Commission in carrying out the duties
of the Commission;
``(4) adopt, amend, and repeal bylaws and rules governing the
conduct of business and the performance of duties by the
Commission;
``(5) request the head of any Federal agency, State agency,
or local government to detail to the Commission such personnel
as the Commission requires to carry out its duties, each such
detail to be without loss of seniority, pay, or other employee
status;
``(6) provide for coverage of Commission employees in a
suitable retirement and employee benefit system by making
arrangements or entering into contracts with any participating
State government or otherwise providing retirement and other
employee coverage;
``(7) accept, use, and dispose of gifts or donations or
services or real, personal, tangible, or intangible property;
``(8) enter into and perform such contracts, cooperative
agreements, or other transactions as are necessary to carry out
Commission duties, including any contracts or cooperative
agreements with a department, agency, or instrumentality of the
United States, a State (including a political subdivision,
agency, or instrumentality of the State), or a person, firm,
association, or corporation; and
``(9) maintain a government relations office in the District
of Columbia and establish and maintain a central office at such
location in its region as the Commission may select.
``(b) Federal Agency Cooperation.--A Federal agency shall--
``(1) cooperate with a Commission; and
``(2) provide, to the extent practicable, on request of the
Federal Cochairperson, appropriate assistance in carrying out
this subtitle, in accordance with applicable Federal laws
(including regulations).
``(c) Administrative Expenses.--
``(1) In general.--Subject to paragraph (2), the
administrative expenses of a Commission shall be paid--
``(A) by the Federal Government, in an amount equal
to 50 percent of the administrative expenses of the
Commission; and
``(B) by the States participating in the Commission,
in an amount equal to 50 percent of the administrative
expenses.
``(2) Expenses of the federal cochairperson.--All expenses of
the Federal Cochairperson, including expenses of the alternate
and staff of the Federal Cochairperson, shall be paid by the
Federal Government.
``(3) State share.--
``(A) In general.--Subject to subparagraph (B), the
share of administrative expenses of a Commission to be
paid by each State of the Commission shall be
determined by a unanimous vote of the State members of
the Commission.
``(B) No federal participation.--The Federal
Cochairperson shall not participate or vote in any
decision under subparagraph (A).
``(C) Delinquent states.--During any period in which
a State is more than 1 year delinquent in payment of
the State's share of administrative expenses of the
Commission under this subsection--
``(i) no assistance under this subtitle shall
be provided to the State (including assistance
to a political subdivision or a resident of the
State) for any project not approved as of the
date of the commencement of the delinquency;
and
``(ii) no member of the Commission from the
State shall participate or vote in any action
by the Commission.
``(4) Effect on assistance.--A State's share of
administrative expenses of a Commission under this subsection
shall not be taken into consideration when determining the
amount of assistance provided to the State under this subtitle.
``Sec. 15305. Meetings
``(a) Initial Meeting.--Each Commission shall hold an initial meeting
not later than 180 days after the date of enactment of this section.
``(b) Annual Meeting.--Each Commission shall conduct at least 1
meeting each year with the Federal Cochairperson and at least a
majority of the State members present.
``(c) Additional Meetings.--Each Commission shall conduct additional
meetings at such times as it determines and may conduct such meetings
by electronic means.
``Sec. 15306. Personal financial interests
``(a) Conflicts of Interest.--
``(1) No role allowed.--Except as permitted by paragraph (2),
an individual who is a State member or alternate, or an officer
or employee of a Commission, shall not participate personally
and substantially as a member, alternate, officer, or employee
of the Commission, through decision, approval, disapproval,
recommendation, request for a ruling, or other determination,
contract, claim, controversy, or other matter in which, to the
individual's knowledge, any of the following has a financial
interest:
``(A) The individual.
``(B) The individual's spouse, minor child, or
partner.
``(C) An organization (except a State or political
subdivision of a State) in which the individual is
serving as an officer, director, trustee, partner, or
employee.
``(D) Any person or organization with whom the
individual is negotiating or has any arrangement
concerning prospective employment.
``(2) Exception.--Paragraph (1) shall not apply if the
individual, in advance of the proceeding, application, request
for a ruling or other determination, contract, claim
controversy, or other particular matter presenting a potential
conflict of interest--
``(A) advises the Commission of the nature and
circumstances of the matter presenting the conflict of
interest;
``(B) makes full disclosure of the financial
interest; and
``(C) receives a written decision of the Commission
that the interest is not so substantial as to be
considered likely to affect the integrity of the
services that the Commission may expect from the
individual.
``(3) Violation.--An individual violating this subsection
shall be fined under title 18, imprisoned for not more than 1
year, or both.
``(b) State Member or Alternate.--A State member or alternate member
may not receive any salary, or any contribution to, or supplementation
of, salary, for services on a Commission from a source other than the
State of the member or alternate.
``(c) Detailed Employees.--
``(1) In general.--No person detailed to serve a Commission
shall receive any salary, or any contribution to, or
supplementation of, salary, for services provided to the
Commission from any source other than the State, local, or
intergovernmental department or agency from which the person
was detailed to the Commission.
``(2) Violation.--Any person that violates this subsection
shall be fined under title 18, imprisoned not more than 1 year,
or both.
``(d) Federal Cochairman, Alternate to Federal Cochairman, and
Federal Officers and Employees.--The Federal Cochairman, the alternate
to the Federal Cochairman, and any Federal officer or employee detailed
to duty with the Commission are not subject to this section but remain
subject to sections 202 through 209 of title 18.
``(e) Rescission.--A Commission may declare void any contract, loan,
or grant of or by the Commission in relation to which the Commission
determines that there has been a violation of any provision under
subsection (a)(1), (b), or (c), or any of the provisions of sections
202 through 209 of title 18.
``Sec. 15307. Tribal representation on Northern Great Plains Regional
Commission
``(a) Tribal Cochairperson.--
``(1) Appointment.--In addition to the members specified in
section 15301(b)(1), the membership of the Northern Great
Plains Regional Commission shall include a Tribal
Cochairperson, to be appointed by the President, by and with
the advice and consent of the Senate. The Tribal Cochairperson
shall be a member of an Indian tribe in the Commission's
region.
``(2) Duties.--In addition to the Federal Cochairperson and
State Cochairperson, the Commission shall be headed by the
Tribal Cochairperson, who shall serve as a liaison between the
governments of Indian tribes in the region and the Commission.
``(b) Alternate Tribal Cochairperson.--
``(1) Appointment.--The President shall appoint an alternate
to the Tribal Cochairperson.
``(2) Duties.--The alternate Tribal Cochairperson, when not
actively serving as an alternate for the Tribal Cochairperson,
shall perform such functions and duties as are delegated by the
Tribal Cochairperson.
``(3) Voting.--The alternate Tribal Cochairperson shall vote
in the case of the absence, death, disability, removal, or
resignation of the Tribal Cochairperson.
``(c) Compensation.--
``(1) Tribal cochairperson.--The Tribal Cochairperson shall
be compensated by the Federal Government at level III of the
Executive Schedule as set out in section 5314 of title 5.
``(2) Alternate tribal cochairperson.--The Tribal
Cochairperson's alternate shall be compensated by the Federal
Government at level V of the Executive Schedule as set out in
section 5316 of title 5.
``(d) Expenses of Tribal Cochairperson.--All expenses of the Tribal
Cochairperson, including expenses of the alternate and staff of the
Tribal Cochairperson, shall be paid by the Federal Government.
``(e) Duties and Privileges.--Except as provided in subsections (c)
and (d), the Tribal Cochairperson shall have the same duties and
privileges as the State Cochairperson.
``Sec. 15308. Tribal participation
``Governments of Indian tribes in the region of the Northern Great
Plains Regional Commission or the Southwest Border Regional Commission
shall be allowed to participate in matters before that Commission in
the same manner and to the same extent as State agencies and
instrumentalities in the region.
``Sec. 15309. Annual report
``(a) In General.--Not later than 90 days after the last day of each
fiscal year, each Commission shall submit to the President and Congress
a report on the activities carried out by the Commission under this
subtitle in the fiscal year.
``(b) Contents.--The report shall include--
``(1) a description of the criteria used by the Commission to
designate counties under section 15702 and a list of the
counties designated in each category;
``(2) an evaluation of the progress of the Commission in
meeting the goals identified in the Commission's economic and
infrastructure development plan under section 15303 and State
economic and infrastructure development plans under section
15502; and
``(3) any policy recommendations approved by the Commission.
``CHAPTER 155--FINANCIAL ASSISTANCE
``Sec.
``15501. Economic and infrastructure development grants.
``15502. Comprehensive economic and infrastructure development plans.
``15503. Approval of applications for assistance.
``15504. Program development criteria.
``15505. Local development districts and organizations.
``15506. Supplements to Federal grant programs.
``Sec. 15501. Economic and infrastructure development grants
``(a) In General.--A Commission may make grants to States and local
governments, Indian tribes, and public and nonprofit organizations for
projects, approved in accordance with section 15503--
``(1) to develop the transportation infrastructure of its
region;
``(2) to develop the basic public infrastructure of its
region;
``(3) to develop the telecommunications infrastructure of its
region;
``(4) to assist its region in obtaining job skills training,
skills development and employment-related education,
entrepreneurship, technology, and business development;
``(5) to provide assistance to severely economically
distressed and underdeveloped areas of its region that lack
financial resources for improving basic health care and other
public services;
``(6) to promote resource conservation, tourism, recreation,
and preservation of open space in a manner consistent with
economic development goals;
``(7) to promote the development of renewable and alternative
energy sources; and
``(8) to otherwise achieve the purposes of this subtitle.
``(b) Allocation of Funds.--A Commission shall allocate at least 40
percent of any grant amounts provided by the Commission in a fiscal
year for projects described in paragraphs (1) through (3) of subsection
(a).
``(c) Sources of Grants.--Grant amounts may be provided entirely from
appropriations to carry out this subtitle, in combination with amounts
available under other Federal grant programs, or from any other source.
``(d) Maximum Commission Contributions.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Commission may contribute not more than 50 percent of a project
or activity cost eligible for financial assistance under this
section from amounts appropriated to carry out this subtitle.
``(2) Distressed counties.--The maximum Commission
contribution for a project or activity to be carried out in a
county for which a distressed county designation is in effect
under section 15702 may be increased to 80 percent.
``(3) Special rule for regional projects.--A Commission may
increase to 60 percent under paragraph (1) and 90 percent under
paragraph (2) the maximum Commission contribution for a project
or activity if--
``(A) the project or activity involves 3 or more
counties or more than one State; and
``(B) the Commission determines in accordance with
section 15302(a) that the project or activity will
bring significant interstate or multicounty benefits to
a region.
``(e) Maintenance of Effort.--Funds may be provided by a Commission
for a program or project in a State under this section only if the
Commission determines that the level of Federal or State financial
assistance provided under a law other than this subtitle, for the same
type of program or project in the same area of the State within region,
will not be reduced as a result of funds made available by this
subtitle.
``(f) No Relocation Assistance.--Financial assistance authorized by
this section may not be used to assist a person or entity in relocating
from one area to another.
``Sec. 15502. Comprehensive economic and infrastructure development
plans
``(a) State Plans.--In accordance with policies established by a
Commission, each State member of the Commission shall submit a
comprehensive economic and infrastructure development plan for the area
of the region represented by the State member.
``(b) Content of Plan.--A State economic and infrastructure
development plan shall reflect the goals, objectives, and priorities
identified in any applicable economic and infrastructure development
plan developed by a Commission under section 15303.
``(c) Consultation With Interested Local Parties.--In carrying out
the development planning process (including the selection of programs
and projects for assistance), a State shall--
``(1) consult with local development districts, local units
of government, and local colleges and universities; and
``(2) take into consideration the goals, objectives,
priorities, and recommendations of the entities described in
paragraph (1).
``(d) Public Participation.--
``(1) In general.--A Commission and applicable State and
local development districts shall encourage and assist, to the
maximum extent practicable, public participation in the
development, revision, and implementation of all plans and
programs under this subtitle.
``(2) Guidelines.--A Commission shall develop guidelines for
providing public participation, including public hearings.
``Sec. 15503. Approval of applications for assistance
``(a) Evaluation by State Member.--An application to a Commission for
a grant or any other assistance for a project under this subtitle shall
be made through, and evaluated for approval by, the State member of the
Commission representing the applicant.
``(b) Certification.--An application to a Commission for a grant or
other assistance for a project under this subtitle shall be eligible
for assistance only on certification by the State member of the
Commission representing the applicant that the application for the
project--
``(1) describes ways in which the project complies with any
applicable State economic and infrastructure development plan;
``(2) meets applicable criteria under section 15504;
``(3) adequately ensures that the project will be properly
administered, operated, and maintained; and
``(4) otherwise meets the requirements for assistance under
this subtitle.
``(c) Votes for Decisions.--On certification by a State member of a
Commission of an application for a grant or other assistance for a
specific project under this section, an affirmative vote of the
Commission under section 15302 shall be required for approval of the
application.
``Sec. 15504. Program development criteria
``(a) In General.--In considering programs and projects to be
provided assistance by a Commission under this subtitle, and in
establishing a priority ranking of the requests for assistance provided
to the Commission, the Commission shall follow procedures that ensure,
to the maximum extent practicable, consideration of--
``(1) the relationship of the project or class of projects to
overall regional development;
``(2) the per capita income and poverty and unemployment and
outmigration rates in an area;
``(3) the financial resources available to the applicants for
assistance seeking to carry out the project, with emphasis on
ensuring that projects are adequately financed to maximize the
probability of successful economic development;
``(4) the importance of the project or class of projects in
relation to the other projects or classes of projects that may
be in competition for the same funds;
``(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 development of the area to be served by
the project; and
``(6) the extent to which the project design provides for
detailed outcome measurements by which grant expenditures and
the results of the expenditures may be evaluated.
``Sec. 15505. Local development districts and organizations
``(a) Grants to Local Development Districts.--Subject to the
requirements of this section, a Commission may make grants to a local
development district to assist in the payment of development planning
and administrative expenses.
``(b) Conditions for Grants.--
``(1) Maximum amount.--The amount of a grant awarded under
this section may not exceed 80 percent of the administrative
and planning expenses of the local development district
receiving the grant.
``(2) Maximum period for state agencies.--In the case of a
State agency certified as a local development district, a grant
may not be awarded to the agency under this section for more
than 3 fiscal years.
``(3) Local share.--The contributions of a local development
district for administrative expenses may be in cash or in kind,
fairly evaluated, including space, equipment, and services.
``(c) Duties of Local Development Districts.--A local development
district shall--
``(1) operate as a lead organization serving multicounty
areas in the region at the local level;
``(2) assist the Commission in carrying out outreach
activities for local governments, community development groups,
the business community, and the public;
``(3) serve as a liaison between State and local governments,
nonprofit organizations (including community-based groups and
educational institutions), the business community, and
citizens; and
``(4) assist the individuals and entities described in
paragraph (3) in identifying, assessing, and facilitating
projects and programs to promote the economic development of
the region.
``Sec. 15506. Supplements to Federal grant programs
``(a) Finding.--Congress finds that certain States and local
communities of the region, including local development districts, may
be unable to take maximum advantage of Federal grant programs for which
the States and communities are eligible because--
``(1) they lack the economic resources to provide the
required matching share; or
``(2) there are insufficient funds available under the
applicable Federal law with respect to a project to be carried
out in the region.
``(b) Federal Grant Program Funding.--A Commission, with the approval
of the Federal Cochairperson, may use amounts made available to carry
out this subtitle--
``(1) for any part of the basic Federal contribution to
projects or activities under the Federal grant programs
authorized by Federal laws; and
``(2) to increase the Federal contribution to projects and
activities under the programs above the fixed maximum part of
the cost of the projects or activities otherwise authorized by
the applicable law.
``(c) Certification Required.--For a program, project, or activity
for which any part of the basic Federal contribution to the project or
activity under a Federal grant program is proposed to be made under
subsection (b), the Federal contribution shall not be made until the
responsible Federal official administering the Federal law authorizing
the Federal contribution certifies that the program, project, or
activity meets the applicable requirements of the Federal law and could
be approved for Federal contribution under that law if amounts were
available under the law for the program, project, or activity.
``(d) Limitations in Other Laws Inapplicable.--Amounts provided
pursuant to this subtitle are available without regard to any
limitations on areas eligible for assistance or authorizations for
appropriation in any other law.
``(e) Federal Share.--The Federal share of the cost of a project or
activity receiving assistance under this section shall not exceed 80
percent.
``(f) Maximum Commission Contribution.--Section 15501(d), relating to
limitations on Commission contributions, shall apply to a program,
project, or activity receiving assistance under this section.
``CHAPTER 157--ADMINISTRATIVE PROVISIONS
``subchapter i--general provisions
``Sec.
``15701. Consent of States.
``15702. Distressed counties and areas.
``15703. Counties eligible for assistance in more than one region.
``15704. Inspector General; records.
``15705. Biannual meetings of representatives of all Commissions.
``15706. Relationship to other laws.
``subchapter ii--designation of regions
``15731. Delta Regional Commission.
``15732. Northern Great Plains Regional Commission.
``15733. Southeast Crescent Regional Commission.
``15734. Southwest Border Regional Commission.
``15735. Northern Border Regional Commission.
``subchapter iii--authorization of appropriations
``15751. Authorization of appropriations.
``SUBCHAPTER I--GENERAL PROVISIONS
``Sec. 15701. Consent of States
``This subtitle does not require a State to engage in or accept a
program under this subtitle without its consent.
``Sec. 15702. Distressed counties and areas
``(a) Designations.--Not later than 90 days after the date of
enactment of this section, and annually thereafter, each Commission
shall make the following designations:
``(1) Distressed counties.--The Commission shall designate as
distressed counties those counties in its region that are the
most severely and persistently economically distressed and
underdeveloped and have high rates of poverty, unemployment, or
outmigration.
``(2) Transitional counties.--The Commission shall designate
as transitional counties those counties in its region that are
economically distressed and underdeveloped or have recently
suffered high rates of poverty, unemployment, or outmigration.
``(3) Attainment counties.--The Commission shall designate as
attainment counties, those counties in its region that are not
designated as distressed or transitional counties under this
subsection.
``(4) Isolated areas of 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 50 percent of
the appropriations made available to the Commission to carry out this
subtitle for programs and projects designed to serve the needs of
distressed counties and isolated areas of distress in the region.
``(c) Attainment Counties.--
``(1) In general.--Except 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) Exceptions.--
``(A) Administrative expenses of local development
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) Multicounty and other projects.--A Commission
may waive the application of the funding prohibition
under paragraph (1) with respect to--
``(i) a multicounty project that includes
participation 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.--For 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
``(B) if no recent Federal data are available, by the
most recent data available through the government of
the State in which the isolated area of distress is
located.
``Sec. 15703. Counties eligible for assistance in more than one region
``(a) Limitation.--A political subdivision of a State may not receive
assistance under this subtitle in a fiscal year from more than one
Commission.
``(b) Selection of Commission.--A political subdivision included in
the region of more than one Commission shall select the Commission with
which it will participate by notifying, in writing, the Federal
Cochairperson and the appropriate State member of that Commission.
``(c) Changes in Selections.--The selection of a Commission by a
political subdivision shall apply in the fiscal year in which the
selection is made, and shall apply in each subsequent fiscal year
unless the political subdivision, at least 90 days before the first day
of the fiscal year, notifies the Cochairpersons of another Commission
in writing that the political subdivision will participate in that
Commission and also transmits a copy of such notification to the
Cochairpersons of the Commission in which the political subdivision is
currently participating.
``(d) Inclusion of Appalachian Regional Commission.--In this section,
the term `Commission' includes the Appalachian Regional Commission
established under chapter 143.
``Sec. 15704. Inspector General; records
``(a) Appointment of Inspector General.--There shall be an Inspector
General for the Commissions appointed in accordance with section 3(a)
of the Inspector General Act of 1978 (5 U.S.C. App.). All of the
Commissions shall be subject to a single Inspector General.
``(b) Records of a Commission.--
``(1) In general.--A Commission shall maintain accurate and
complete records of all its transactions and activities.
``(2) Availability.--All records of a Commission shall be
available for audit and examination by the Inspector General
(including authorized representatives of the Inspector
General).
``(c) Records of Recipients of Commission Assistance.--
``(1) In general.--A recipient of funds from a Commission
under this subtitle shall maintain accurate and complete
records of transactions and activities financed with the funds
and report to the Commission on the transactions and
activities.
``(2) Availability.--All records required under paragraph (1)
shall be available for audit by the Commission and the
Inspector General (including authorized representatives of the
Commission and the Inspector General).
``(d) Annual Audit.--The Inspector General shall audit the
activities, transactions, and records of each Commission on an annual
basis.
``Sec. 15705. Biannual meetings of representatives of all Commissions
``(a) In General.--Representatives of each Commission, the
Appalachian Regional Commission, and the Denali Commission shall meet
biannually to discuss issues confronting regions suffering from chronic
and contiguous distress and successful strategies for promoting
regional development.
``(b) Chair of Meetings.--The chair of each meeting shall rotate
among the Commissions, with the Appalachian Regional Commission to host
the first meeting.
``Sec. 15706. Relationship to other laws
``Projects receiving assistance under this subtitle shall be treated
in the manner provided in section 602 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3212).
``SUBCHAPTER II--DESIGNATION OF REGIONS
``Sec. 15731. Delta Regional Commission
``The region of the Delta Regional Commission shall consist of the
following political subdivisions:
``(1) Alabama.--The counties of Barbour, Bullock, Butler,
Choctaw, Clarke, Conecuh, Dallas, Escambia, Greene, Hale,
Lowndes, Macon, Marengo, Monroe, Perry, Pickens, Russell,
Sumter, Washington, and Wilcox in the State of Alabama.
``(2) Arkansas.--The counties of Arkansas, Ashley, Baxter,
Bradley, Calhoun, Chicot, Clay, Cleveland, Craighead,
Crittenden, Cross, Dallas, Desha, Drew, Fulton, Grant, Greene,
Independence, Izard, Jackson, Jefferson, Lawrence, Lee,
Lincoln, Lonoke, Marion, Mississippi, Monroe, Ouachita,
Phillips, Poinsett, Prairie, Pulaski, Randolph, St. Francis,
Searcy, Sharp, Stone, Union, Van Buren, White, and Woodruff in
the State of Arkansas.
``(3) Illinois.--The counties of Alexander, Franklin,
Gallatin, Hamilton, Hardin, Jackson, Johnson, Massac, Perry,
Pope, Pulaski, Randolph, Saline, Union, White, and Williamson
in the State of Illinois.
``(4) Kentucky.--The counties of Ballard, Caldwell, Calloway,
Carlisle, Christian, Crittenden, Fulton, Graves, Henderson,
Hickman, Hopkins, Livingston, Lyon, Marshall, McCracken,
McLean, Muhlenberg, Todd, Trigg, Union, and Webster in the
State of Kentucky.
``(5) Louisiana.--The parishes of Acadia, Allen, Ascension,
Assumption, Avoyelles, Caldwell, Catahoula, Concordia, E. Baton
Rouge, E. Carroll, E. Feliciana, Evangeline, Franklin, Grant,
Iberia, Iberville, Jackson, Jefferson, Lafourche, LaSalle,
Lincoln, Livingston, Madison, Morehouse, Natchitoches, Orleans,
Ouachita, Plaquemines, Pointe Coupee, Rapides, Richland, St.
Bernard, St. Charles, St. Helena, St. James, St. John the
Baptist, St. Landry, St. Martin, Tangipahoa, Tensas, Union,
Washington, W. Baton Rouge, W. Carroll, W. Feliciana, and Winn
in the State of Louisiana.
``(6) Mississippi.--The counties of Adams, Amite, Attala,
Benton, Bolivar, Carroll, Claiborne, Coahoma, Copiah,
Covington, DeSoto, Franklin, Grenada, Hinds, Holmes, Humphreys,
Issaquena, Jefferson, Jefferson Davis, Lafayette, Lawrence,
Leflore, Lincoln, Madison, Marion, Marshall, Montgomery,
Panola, Pike, Quitman, Rankin, Sharkey, Simpson, Sunflower,
Tallahatchie, Tate, Tippah, Tunica, Union, Walthall, Warren,
Washington, Wilkinson, Yalobusha, and Yazoo in the State of
Mississippi.
``(7) Missouri.--The counties Bollinger, Butler, Cape
Girardeau, Carter, Crawford, Dent, Douglas, Dunklin, Howell,
Iron, Madison, Mississippi, New Madrid, Oregon, Ozark,
Pemiscott, Perry, Phelps, Reynolds, Ripley, Ste. Genevieve, St.
Francois, Scott, Shannon, Stoddard, Texas, Washington, Wayne,
and Wright in the State of Missouri.
``(8) Tennessee.--The counties of Benton, Carroll, Chester,
Crockett, Decatur, Dyer, Fayette, Gibson, Hardeman, Hardin,
Haywood, Henderson, Henry, Lake, Lauderdale, McNairy, Madison,
Obion, Shelby, Tipton, and Weakley in the State of Tennessee.
``Sec. 15732. Northern Great Plains Regional Commission
``The region of the Northern Great Plains Regional Commission shall
consist of the following:
``(1) All counties of the States of Iowa, Minnesota,
Nebraska, North Dakota, and South Dakota.
``(2) The counties of Andrew, Atchison, Buchanan, Caldwell,
Carroll, Chariton, Clay, Clinton, Cooper, Daviess, DeKalb,
Gentry, Grundy, Harrison, Holt, Howard, Jackson, Linn,
Livingston, Mercer, Nodaway, Platte, Putnam, Schuyler,
Sullivan, and Worth in the State of Missouri.
``Sec. 15733. Southeast Crescent Regional Commission
``The region of the Southeast Crescent Regional Commission shall
consist of all counties of the States of Virginia, North Carolina,
South Carolina, Georgia, Alabama, Mississippi, and Florida not already
served by the Appalachian Regional Commission or the Delta Regional
Commission.
``Sec. 15734. Southwest Border Regional Commission
``The region of the Southwest Border Regional Commission shall
consist of the following political subdivisions:
``(1) Arizona.--The counties of Cochise, Gila, Graham,
Greenlee, La Paz, Maricopa, Pima, Pinal, Santa Cruz, and Yuma
in the State of Arizona.
``(2) California.--The counties of Imperial, Los Angeles,
Orange, Riverside, San Bernardino, San Diego, and Ventura in
the State of California.
``(3) New mexico.--The counties of Catron, Chaves, Dona Ana,
Eddy, Grant, Hidalgo, Lincoln, Luna, Otero, Sierra, and Socorro
in the State of New Mexico.
``(4) Texas.--The counties of Atascosa, Bandera, Bee, Bexar,
Brewster, Brooks, Cameron, Coke, Concho, Crane, Crockett,
Culberson, Dimmit, Duval, Ector, Edwards, El Paso, Frio,
Gillespie, Glasscock, Hidalgo, Hudspeth, Irion, Jeff Davis, Jim
Hogg, Jim Wells, Karnes, Kendall, Kenedy, Kerr, Kimble, Kinney,
Kleberg, La Salle, Live Oak, Loving, Mason, Maverick, McMullen,
Medina, Menard, Midland, Nueces, Pecos, Presidio, Reagan, Real,
Reeves, San Patricio, Shleicher, Sutton, Starr, Sterling,
Terrell, Tom Green Upton, Uvalde, Val Verde, Ward, Webb,
Willacy, Wilson, Winkler, Zapata, and Zavala in the State of
Texas.
``Sec. 15735. Northern Border Regional Commission
``The region of the Northern Border Regional Commission shall include
the following counties:
``(1) Maine.--The counties of Androscoggin, Aroostook,
Franklin, Hancock, Kennebec, Knox, Oxford, Penobscot,
Piscataquis, Somerset, Waldo, and Washington in the State of
Maine.
``(2) New hampshire.--The counties of Carroll, Coos, Grafton,
and Sullivan in the State of New Hampshire.
``(3) New york.--The counties of Cayuga, Clinton, Essex,
Franklin, Fulton, Hamilton, Herkimer, Jefferson, Lewis,
Madison, Oneida, Oswego, Seneca, and St. Lawrence in the State
of New York.
``(4) Vermont.--The counties of Caledonia, Essex, Franklin,
Grand Isle, Lamoille, and Orleans in the State of Vermont.
``SUBCHAPTER III--AUTHORIZATION OF APPROPRIATIONS
``Sec. 15751. Authorization of appropriations
``(a) In General.--There is authorized to be appropriated to each
Commission to carry out this subtitle--
``(1) $40,000,000 for fiscal year 2008;
``(2) $45,000,000 for fiscal year 2009;
``(3) $50,000,000 for fiscal year 2010;
``(4) $55,000,000 for fiscal year 2011; and
``(5) $60,000,000 for fiscal year 2012.
``(b) Administrative Expenses.--Not more than 10 percent of the funds
made available to a Commission in a fiscal year under this section may
be used for administrative expenses.''.
(b) Conforming Amendment.--The table of subtitles for chapter 40,
United States Code, is amended by striking the item relating to
subtitle V and inserting the following:
``V. REGIONAL ECONOMIC AND INFRASTRUCTURE DEVELOPMENT....... 15101
``VI. MISCELLANEOUS......................................... 17101''.
SEC. 4. CONFORMING AMENDMENTS.
(a) Repeals.--Subtitles F and G of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009aa-2009bb-13) are repealed.
(b) Inspector General Act.--Section 11 of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1) by striking ``or the President of the
Export-Import Bank;'' and inserting ``the President of the
Export-Import Bank; or the Federal Cochairpersons of the
Commissions established under section 15301 of title 40, United
States Code;''; and
(2) in paragraph (2) by striking ``or the Export-Import
Bank,'' and inserting ``the Export-Import Bank, or the
Commissions established under section 15301 of title 40, United
States Code,''.
SEC. 5. TRANSFERS OF AUTHORITY AND SAVINGS PROVISIONS.
(a) Transfers of Authority.--Subject to the requirements of this Act
(including the amendments made by this Act)--
(1) all of the functions of the Delta Regional Authority are
transferred to the Delta Regional Commission; and
(2) all of the functions of the Northern Great Plains
Regional Authority are transferred to the Northern Great Plains
Regional Commission.
(b) Legal Documents.--All orders, determinations, rules, regulations,
grants, loans, contracts, and agreements--
(1) that have been issued, made, granted, or allowed to
become effective by the Delta Regional Authority or the
Northern Great Plains Regional Authority in the performance of
any function that is transferred by this section, and
(2) that are in effect on the effective date of such transfer
(or become effective after such date pursuant to their terms as
in effect on such effective date),
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
an authorized official, a court of competent jurisdiction, or operation
of law.
(c) Transfer of Assets and Personnel.--
(1) Delta regional commission.--There shall be transferred to
the Delta Regional Commission such assets, funds, personnel,
records, and other property of the Delta Regional Authority
relating to the functions of the Authority as the Commission
determines appropriate.
(2) Northern great plains regional commission.--There shall
be transferred to the Northern Great Plains Regional Commission
such assets, funds, personnel, records, and other property of
the Northern Great Plains Regional Authority as the Commission
determines appropriate.
SEC. 6. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the first day of the first fiscal year beginning after the date of
enactment of this Act.
Purpose of the Legislation
H.R. 3246 provides a comprehensive regional approach to
economic and infrastructure development in the most severely
economically distressed regions in the nation.
Background and Need for Legislation
H.R. 3246, the ``Regional Economic and Infrastructure
Development Act of 2007'', authorizes five regional economic
development commissions under a common framework of
administration and management, and provides a structure for
economic development decision-making and planning. These
commissions are designed to address problems of systemic
poverty and underdevelopment in their respective regions. The
five commissions are the Delta Regional Commission, the
Northern Great Plains Regional Commission, the Southeast
Crescent Regional Commission, the Southwest Border Regional
Commission, and the Northern Border Regional Commission.
This bill models the administrative and management
procedures for these five commissions after the highly
successful Appalachian Regional Commission. The bill
establishes commission membership, voting structure, and
staffing; outlines conditions for financial assistance;
authorizes grants to local development districts; establishes
an Inspector General for the commissions; and other provisions
designed to produce a standard administrative framework. By
providing a uniform set of procedures, this bill provides a
consistent method for distributing economic development funds
throughout the regions most in need of such assistance and
ensures a comprehensive regional approach to economic and
infrastructure development in the most severely distressed
regions in the country.
The Delta Regional Commission and the Northern Great Plains
Regional Commission are existing entities that are reauthorized
in this legislation. The Southeast Crescent Regional
Commission, the Southwest Border Regional Commission, and the
Northern Border Regional Commission have been proposed in
legislation introduced in this and previous Congresses.
The Southeastern region of the United States includes the
coastal and central portions of the seven Southeastern States
from Virginia to Mississippi. Approximately 40 percent of the
counties in this region have had 20 percent or more of their
citizens living in poverty, on average, during the last 30
years. Additionally, this region has experienced natural
disasters at a rate of two to three times greater than any
other region of the U.S. The Southeastern United States is one
of the last areas of the country without a Federal authority
dedicated to ending poverty and strengthening communities. The
Southeast Crescent Authority will be a valuable tool to assist
State and local officials, county development organizations,
and many others in providing resources and leveraging
additional funds to assist communities with the greatest need.
The Southwest border region includes all counties within
150 miles of the U.S.-Mexico border. The Interagency Task Force
on the Economic Development of the Southwest Border found that
20 percent of the residents in this region live below the
poverty level. Unemployment rates often reach as high as five
times the national unemployment rate and a lack of adequate
access to capital has created economic disparities that have
made it difficult for businesses to start up in the region.
Border communities have long endured a depressed economy and
low-paying jobs. The Southwest Border Regional Commission will
help foster planning to encourage infrastructure development,
technology development and deployment, education and workforce
development, and community development through
entrepreneurship.
The Northern Border region stretches from Maine to New
York. While abundant in natural resources and rich in
potential, this region lags behind much of the nation in its
economic growth. In this region, 12.5 percent of the population
lives in poverty with the median household income more than
$6,500 below the national average. Due to this region's
historic reliance on a few basic industries and agriculture,
unemployment through layoffs in traditional manufacturing
industries is persistent. In addition, this region has
experienced virtually no population growth with the population
increasing by only 0.6 percent between 1990 and 2000, while the
U.S. population rose by 13.2 percent. The Northern Border
Regional Commission will assist in supporting traditional
industries while fostering new industry in the region. The
Commission, in cooperation with appropriate local, State, and
Federal officials, is encouraged to initiate a special resource
study for northern Maine to examine land use, ownership, and
development trends, and to propose options for future
management, ownership, conservation, and development of land to
maximize job creation and ecological value.
Summary of the Legislation
Section 1. Short title
Section 1 denotes the short title of the bill as the
``Regional Economic and Infrastructure Development Act of
2007''.
Section 2. Findings and purposes
Section 2 lists the findings and purposes of the Act.
Economically distressed regions can suffer unemployment and
poverty at a rate that is 150 percent of the national average.
Regional commissions are unique Federal-State partnerships that
can provide targeted resources to alleviate pervasive economic
distress. The purpose of this Act is to provide a regional
approach to economic and infrastructure development, and to
ensure that the most severely distressed regions have the
necessary tools to develop the basic building blocks for
economic development, such as transportation and basic
infrastructure.
Section 3. Regional economic and infrastructure development
Section 3(a) amends Title 40, United States Code, by
redesignating subtitle V as subtitle VI and inserting after
subtitle IV a new Subtitle V, ``Regional Economic and
Infrastructure''. The new subtitle includes new chapter 151--
General Provisions, new chapter 153--Regional Commissions, new
chapter 155--Financial Assistance, and new chapter 157--
Administrative Provisions.
CHAPTER 151--GENERAL PROVISIONS
Section 15101 defines several terms, including
``Commission'', ``Local Development District'', ``Federal grant
program'', ``Indian tribe'', ``nonprofit entity'', and
``region''.
CHAPTER 153--REGIONAL COMMISSIONS
Section 15301 establishes the Delta Regional Commission,
the Northern Great Plains Regional Commission, the Southeast
Crescent Regional Commission, the Southwest Border Regional
Commission, and the Northern Border Regional Commission.
This section also establishes the membership of each
Commission. Each Commission includes a Federal Cochairperson,
appointed by the President and confirmed by the Senate. The
Federal Cochairperson will appoint an alternate Federal
Cochairperson. The membership of the Commission also includes
the Governors of each State in the region that elects to
participate in the Commission. The State Cochairperson is a
Governor of a participating State in the region. The State
Cochairperson will serve for a term of not less than a year.
Each State member may have a single alternate, who is
appointed by the Governor of the State from among the
Governor's cabinet. The alternate will vote in the event of the
absence, death, disability, removal, or resignation of the
appointing member.
The Federal Cochairperson will be compensated at level III
of the Executive Schedule as set out in Section 5314 of Title
5, United States Code. The Alternate Federal Cochairperson will
be compensated at level V of the Executive Schedule as set out
Section 5316 of Title 5, United States Code. A State will
compensate each member and alternate on the commission at the
rate established by State law.
Each Commission may appoint and fix the compensation of an
executive director to carry out the duties of the Commission.
The compensation for the executive director will not exceed the
maximum rate for the Senior Executive Service under Section
5382 of title 5, United States Code. The executive director
will be responsible for carrying out the administrative duties
of the Commission, directing the Commission staff, and other
duties that the Commission assigns to the director. No member,
alternate, officer, or employee of a Commission (other than the
Federal Cochairperson, the alternate Federal Cochairperson,
staff of the Federal Cochairperson, and any Federal employee
detailed on the Commission) will be considered to be a Federal
employee for any purpose.
Section 15302 requires that all approval decisions must
receive the vote of the Federal Cochairperson and a majority of
the State members. The Federal Cochairperson shall, to the
extent practicable, consult with Federal departments and
agencies having an interest in the matter. A Commission shall
determine what constitutes a quorum for Commission meetings
except that any quorum shall include the Federal Cochairperson
or the alternate Federal Cochairperson and a State alternate
member shall not be counted toward the establishment of a
quorum. The approval of project and grant proposals shall be a
responsibility of each Commission and shall be carried out in
accordance with Section 15503.
Section 15303 requires each State member to submit a
development plan for the area of the region represented by the
State member. The State development plan will reflect the
goals, objectives, and priorities in the regional development
plan. In carrying out the development planning process, a State
shall consult with local development districts, local units of
government, and universities and take into account the goals,
objectives, and recommendations of these entities. Within one
year after the date of enactment of this Act and after taking
into account State plans developed under section 15502, each
Commission shall establish priorities in an economic and
infrastructure development plan for its region, including five-
year regional outcome targets. The Commission shall, to the
extent practicable, encourage and assist public participation
in the plans and programs of the Commission.
Section 15304 authorizes the Commission to hold hearings,
take testimony under oath, and request information from State
and Federal agencies; adopt, amend, and repeal bylaws and rules
governing the conduct of Commission; request the head of any
Federal department or of any State agency or local government
to detail to the Commission personnel needed to carry out the
duties of the Commission; provide Commission employees with
retirement and other benefits; accept, use, and dispose of
gifts; enter into contracts to carry out Commission duties;
establish a central office and field offices for the
Commission; and provide an appropriate level of representation
in Washington, D.C.
The Federal Government shall pay 50 percent of the
administrative expenses of the Commission and the States
participating in the Commission shall pay 50 percent of such
expenses. Each State's share of the administrative expenses
shall be determined by a unanimous vote of the State members of
the Commission. If a State is delinquent in payment of it share
of administrative expenses, no assistance will provided by the
Commission, nor will that State be allowed to participate or
vote in any action by the Commission.
Federal agencies are required to cooperate with the
Commission and provide appropriate assistance, in accordance
with applicable Federal laws.
Section 15305 requires each Commission to hold an initial
meeting no later than 180 days after the date of enactment of
this Act. Each Commission shall conduct at least one meeting
each year with the Federal Cochairperson and at least a
majority of the State members present. Each Commission shall
conduct additional meetings at such times as it determines and
may conduct such meetings by electronic means.
Section 15306 prohibits any State member, alternate,
official, or employee of the Commission, their immediate
family, organization, or organization for which the employee
has an arrangement concerning prospective employment, from
participating personally or substantially in a matter in which
the employee has a financial interest. A conflict of interest
can be overcome by full disclosure to the Commission and a
subsequent determination by the Commission that the matter will
not substantially affect the integrity of the work of the
Commission. Any person that violates this subsection is subject
to criminal penalties and fines.
A State will compensate each member and alternate on the
Commission at the rate established by State law. No State
member or alternate member can receive any additional
compensation for service on the Commission from any other
source besides the State.
No person detailed to serve on the Commission from a State
agency shall receive any salary or any contribution to or
supplementation of salary for services provided to the
Commission from the Commission or any other source besides the
agency from which the person was detailed. Any person that
violates this provision is subject to criminal penalties.
Section 15307 specifies that, in addition to the members
listed in Section 15301(b)(1), the membership of the Northern
Great Plains Regional Commission shall include a Tribal
Cochairperson to be appointed by the President and confirmed by
the Senate. The Tribal Cochairperson will be a member of an
Indian tribe in the Commission's region.
In addition to the Federal Cochairperson and State
Cochairperson, the Commission shall be headed by the Tribal
Cochairperson, who will serve as a liaison between the
governments of Indian tribes in the region and the Commission.
The President will also appoint an alternate to the Tribal
Cochairperson.
The alternate Tribal Cochairperson will vote in case of the
absence, death, disability, removal, or resignation of the
Tribal Cochairperson. The Tribal Cochairperson will be
compensated by the Federal Government at level III of the
Executive Schedule as set out in Section 5314 of Title 5,
United States Code. The Tribal Cochairperson's alternate shall
be compensated by the Federal Government at level V of the
Executive Schedule as set out in Section 5316 of Title 5. All
expenses of the Tribal Cochairperson, the alternate, and staff
of the Tribal Cochairperson shall be paid by the Federal
Government and with exception to compensation and expenses of
the Tribal Cochairperson, who will have the same duties and
privileges as the State Cochairperson.
Section 15308 requires that governments of Indian tribes in
the region of the Northern Great Plains Regional Commission or
the Southwest Border Regional Commission be allowed to
participate in matters in the same manner and to the same
extent as State agencies and instrumentalities in the region.
Section 15309 requires that not less than 90 days after the
last day of each fiscal year, each Commission shall submit to
the President and Congress a report on the activities carried
out by the Commission in the past fiscal year. The report shall
include a description of the criteria used by the Commission to
designate counties under Section 15702, a list of the counties
designated in each category, an evaluation of the progress of
the Commission in meeting the goals identified in the
Commission's economic and infrastructure development plan, and
any policy recommendations approved by the Commission.
CHAPTER 155--FINANCIAL ASSISTANCE
Section 15501 authorizes each Commission to make grants to
States and local governments, Indian tribes, and public or
nonprofit organizations for projects, approved in accordance
with Section 15503, to develop infrastructure in the region,
including transportation, public, and telecommunications
infrastructure; assist the region in obtaining job skills
training; provide assistance to severely economically
distressed and underdeveloped areas that lack financial
resources for improving basic health care and other public
services; promote resource conservation; promote the
development of renewable and alternative energy sources; and
other measures to achieve the purposes of this subtitle.
The Commission shall allocate at least 40 percent of any
grant amounts provided for transportation, public, or
telecommunications infrastructure for the region. The
Commission may use amounts appropriated to carry out this Act
to fund a project or activity under a Federal grant program in
the region in an amount that is above the fixed maximum portion
of the cost of the project otherwise authorized by applicable
law, but may not exceed 50 percent of the costs of the project,
except for distressed counties or regional projects. The
maximum contribution for a project or activity to be carried
out in a distressed county may be increased to 80 percent. A
Commission may increase the maximum grant for a project from 50
percent to 60 percent under the normal criteria of section
15501 and from 80 percent to 90 percent for a distressed county
if the project or activity involves three or more counties or
more than one State and the Commission determines in accordance
with Section 15302(a) that the project or activity will bring
significant inter-state or multi-county benefits to a region.
Funds provided by a Commission for a program or activity
can only be used under this section if the Commission
determines that the level of Federal or State financial
assistance provided under a law other than this subtitle, for
the same type of program or project in the same area of the
State within the region, will not be reduced as a result of
funds made available by this subtitle.
Financial assistance authorized by this section may not be
used to assist a person or entity in relocating from one area
to another.
Section 15502 requires each State member of the Commission
to submit a comprehensive economic and infrastructure
development plan for the area of the region represented by the
State member. A State economic and infrastructure development
plan shall reflect the goals, objectives, and priorities
identified in any applicable economic and infrastructure
development plan developed by a Commission under Section 15303.
In carrying out the development planning process, a State shall
consult with local development districts, local units of
government, local colleges and universities and then take into
consideration the goals, objectives, priorities and
recommendations of these entities.
Each Commission and applicable State and local development
districts shall encourage and assist in public participation in
the development, revision and implementation of all plans and
programs. Each Commission is also required to develop
guidelines for providing public participation, including public
hearings.
Section 15503 mandates that an application to a Commission
for a grant or any other assistance for a project shall be made
through, and evaluated for approval by, the State member of the
Commission representing the applicant. An application to a
Commission for a grant or project shall be eligible for
assistance only on certification by the State member that the
application for the project describes ways in which the project
complies with any applicable State economic and infrastructure
development plan, meets applicable criteria under Section
15504, adequately ensures that the project will be properly
administered, operated, and maintained and otherwise meets the
requirements for assistance under this subtitle.
Upon certification by a State member of a Commission of an
application for a grant or other assistance for a specific
project under this section, an affirmative vote of the
Commission under Section 15302 shall be required for approval
of the application.
Section 15504 requires each Commission, in considering
programs and projects to be provided assistance and in
establishing a priority ranking of the requests for assistance,
to consider: the relationship of the project or class of
projects to overall regional development; the per capita income
and poverty and unemployment and out migration rates in an
area; the financial resources available to the applicants for
assistance seeking to carry out the project; the importance of
the project in relation to the other projects that may be in
competition for the same funds; the prospects that the project
will improve opportunities for employment, the average level of
income, or the economic development of the area on a continuing
basis; and the extent to which the project design provides for
detailed outcome measurements by which grant expenditures and
the results of the expenditures may be evaluated.
Section 15505 authorizes the Commission to make grants to a
local development district to assist in the payment of
development planning and administrative expenses. In the case
of a State agency certified as a local development district, a
grant may not be awarded to the agency under this section for
more than three fiscal years. The contributions of a local
development district for administrative expenses may be in cash
or in-kind services including space, equipment, and services.
A local development district shall operate as a lead
organization serving multi-county areas in the region at the
local level and serve as a liaison between the State and local
governments, nonprofit organizations, the business community,
and citizens that are involved in multi-jurisdictional
planning; provide technical assistance; and provide leadership
and civic development assistance.
Section 15506 authorizes supplements to Federal grant
programs because certain States and local communities,
including local development districts, may be unable to take
maximum advantage of Federal grant programs for which they are
eligible because they lack the economic resources to provide
the required State or local matching share. Supplemental funds
may also provide necessary funds for a projection to be carried
out in the region when there are insufficient funds available
under the applicable Federal law.
A Commission, with the approval of the Federal
Cochairperson, may use amounts made available to carry out this
section for any part of the basic Federal contribution to
projects or activities under the Federal grant programs
authorized by Federal laws and to increase the Federal
contribution to projects and activities under the programs
above the fixed maximum part of the cost of the projects or
activities otherwise authorized by the applicable law.
For a project for which any part of the basic Federal
contribution to the project or activity under a Federal grant
program is proposed to be made under this section, the Federal
contribution shall not be made until the responsible Federal
official administering the Federal law authorizing the Federal
contribution certifies that the program, project, or activity
meets the applicable requirements of the Federal law and could
be approved for Federal contribution under that law if amounts
were available under the law for the program, project, or
activity. Amounts provided pursuant to this subtitle are
available without regard to any limitations on areas eligible
for assistance or authorizations for appropriation in any other
law.
The Federal share of the cost of a project or activity
receiving assistance under this section shall not exceed 80
percent. Section 15501(d), relating to limitations on
Commission contributions, shall apply to a program, project, or
activity receiving assistance under this section.
CHAPTER 157--ADMINISTRATIVE PROVISIONS
Section 15701 clarifies that a State is not required to
engage in or accept a program under this Act without its
consent.
Section 15702 establishes the designation of distressed,
transitional, and attainment counties and isolated areas of
distress in the region. Not later than 90 days after the date
of enactment of this Act, and annually thereafter, each
Commission shall designate counties under four categories.
These categories will include distressed counties, defined as
counties that are the most severely and persistently
economically distressed and underdeveloped and have high rates
of poverty, unemployment, or out migration; transitional
counties, defined as counties in its region that are
economically distressed and underdeveloped or have recently
suffered high rates of poverty, unemployment, or out migration;
attainment counties, or counties in its region that are not
designated as distressed or transitional counties; and isolated
areas of distress, defined as areas located in counties
designated as attainment counties that have high rates of
poverty, unemployment, or out migration.
A Commission shall allocate at least 50 percent of the
appropriations made available to the Commission to carry out
this subtitle for programs and projects designed to serve the
needs of distressed counties and isolated areas of distress in
the region.
No funds may be provided for a county designated as an
attainment county except for funding the administrative
expenses of local development districts under section 15505, a
multi-county project that includes participation of the
attainment county, and other projects if a Commission
determines that the project could bring significant benefits to
areas of the region outside the attainment county.
For a designation of an isolated area of distress to be
effective, the designation shall be supported by the most
recent Federal data available or if no recent Federal data are
available, by the most recent data available.
Section 15703 clarifies that counties are not eligible for
assistance in more than one region. A political subdivision
included in the region of more than one Commission shall select
the Commission with which it will participate by notifying, in
writing, the Federal Cochairperson and the appropriate State
member of the Commission. The selection of a Commission by a
political subdivision shall apply in the fiscal year in which
the selection is made and shall apply in each subsequent fiscal
year unless the political subdivision, at least 90 days before
the first day of the fiscal year, notifies another Commission
in writing that the political subdivision will participate in
that Commission and also transmits a copy of such notification
to the Commission in which the political subdivision is
currently participating. In this section, the term
``Commission'' includes the Appalachian Regional Commission.
Section 15704 establishes an Inspector General for
Commissions, appointed in accordance with the Inspector General
Act of 1978. All of the Commissions shall be subject to a
single Inspector General. Each Commission shall maintain
accurate and complete records of all transactions and
activities of the Commission and make them available to the
Inspector General for audit and examination. The Inspector
General shall audit the activities, transactions, and records
of each Commission on an annual basis.
Section 15705 requires representatives of each Commission,
the Appalachian Regional Commission, and the Denali Commission
to meet biannually to discuss issues confronting regions
suffering from chronic and contiguous distress and successful
strategies for promoting regional development. The chair of
each meeting shall rotate among the Commissions, with the
Appalachian Regional Commission to host the first meeting.
Section 15706 requires that projects receiving assistance
under this subtitle shall be treated in the manner provided in
section 602 of the Public Works and Economic Development Act of
1965.
Section 15731 defines the region of the Delta Regional
Commission as consisting of the following political
subdivisions:
(1) ALABAMA--The counties of Barbour, Bullock, Butler,
Choctaw, Clarke, Conecuh, Dallas, Escambia, Greene, Hale,
Lowndes, Macon, Marengo, Monroe, Perry, Pickens, Russell,
Sumter, Washington, and Wilcox in the State of Alabama.
(2) ARKANSAS--The counties of Arkansas, Ashley, Baxter,
Bradley, Calhoun, Chicot, Clay, Cleveland, Craighead,
Crittenden, Cross, Dallas, Desha, Drew, Fulton, Grant, Greene,
Independence, Izard, Jackson, Jefferson, Lawrence, Lee,
Lincoln, Lonoke, Marion, Mississippi, Monroe, Ouachita,
Phillips, Poinsett, Prairie, Pulaski, Randolph, St. Francis,
Searcy, Sharp, Stone, Union, Van Buren, White, and Woodruff in
the State of Arkansas.
(3) ILLINOIS--The counties of Alexander, Franklin,
Gallatin, Hamilton, Hardin, Jackson, Johnson, Massac, Perry,
Pope, Pulaski, Randolph, Saline, Union, White, and Williamson
in the State of Illinois.
(4) KENTUCKY--The counties of Ballard, Caldwell, Calloway,
Carlisle, Christian, Crittenden, Fulton, Graves, Henderson,
Hickman, Hopkins, Livingston, Lyon, Marshall, McCracken,
McLean, Muhlenberg, Todd, Trigg, Union, and Webster in the
State of Kentucky.
(5) LOUISIANA--The parishes of Acadia, Allen, Ascension,
Assumption, Avoyelles, Caldwell, Catahoula, Concordia, E. Baton
Rouge, E. Carroll, E. Feliciana, Evangeline, Franklin, Grant,
Iberia, Iberville, Jackson, Jefferson, Lafourche, La Salle,
Lincoln, Livingston, Madison, Morehouse, Natchitoches, Orleans,
Ouachita, Plaquemines, Pointe Coupee, Rapides, Richland, St.
Bernard, St. Charles, St. Helena, St. James, St. John the
Baptist, St. Landry, St. Martin, Tangipahoa, Tensas, Union,
Washington, W. Baton Rouge, W. Carroll, W. Feliciana, and Winn
in the State of Louisiana.
(6) MISSISSIPPI--The counties of Adams, Amite, Attala,
Benton, Bolivar, Carroll, Claiborne, Coahoma, Copiah,
Covington, Desoto, Franklin, Grenada, Hinds, Holmes, Humphreys,
Issaquena, Jefferson, Jefferson Davis, Lafayette, Lawrence,
Leflore, Lincoln, Madison, Marion, Marshall, Montgomery,
Panola, Pike, Quitman, Rankin, Sharkey, Simpson, Sunflower,
Tallahatchie, Tate, Tippah, Tunica, Union, Walthall, Warren,
Washington, Wilkinson, Yalobusha, and Yazoo in the State of
Mississippi.
(7) MISSOURI--The counties Bollinger, Butler, Cape
Girardeau, Carter, Crawford, Dent, Douglas, Dunklin, Howell,
Iron, Madison, Mississippi, New Madrid, Oregon, Ozark,
Pemiscott, Perry, Phelps, Reynolds, Ripley, Ste. Genevieve, St.
Francois, Scott, Shannon, Stoddard, Texas, Washington, Wayne,
and Wright in the State of Missouri.
(8) TENNESSEE--The counties of Benton, Carroll, Chester,
Crockett, Decatur, Dyer, Fayette, Gibson, Hardeman, Hardin,
Haywood, Henderson, Henry, Lake, Lauderdale, McNairy, Madison,
Obion, Shelby, Tipton, and Weakley in the State of Tennessee.
Section 15732 defines the region of Northern Great Plains
Regional Commission as consisting of all counties of the States
of Iowa, Minnesota, Nebraska, North Dakota, and South Dakota,
and 26 counties of Missouri.
Section 15733 defines the region of the Southeast Crescent
Regional Commission as consisting of all counties of the States
of Virginia, North Carolina, South Carolina, Georgia, Alabama,
Mississippi, and Florida not already served by the Appalachian
Regional Commission or the Delta Regional Commission.
Section 15734 defines the region of the Southwest Border
Regional Commission as consisting of the following political
subdivisions:
(1) ARIZONA--The counties of Cochise, Gila, Graham,
Greenlee, La Paz, Maricopa, Pima, Pinal, Santa Cruz, and Yuma
in the State of Arizona.
(2) CALIFORNIA--The counties of Imperial, Los Angeles,
Orange, Riverside, San Bernardino, San Diego, and Ventura in
the State of California.
(3) NEW MEXICO--The counties of Catron, Chaves, Dona Ana,
Eddy, Grant, Hidalgo, Lincoln, Luna, Otero, Sierra, and Socorro
in the State of New Mexico.
(4) TEXAS--The counties of Atascosa, Bandera, Bee, Bexar,
Brewster, Brooks, Cameron, Coke, Concho, Crane, Crockett,
Culberson, Dimmit, Duval, Ector, Edwards, El Paso, Frio,
Gillespie, Glasscock, Hidalgo, Hudspeth, Irion, Jeff Davis, Jim
Hogg, Jim Wells, Karnes, Kendall, Kennedy, Kerr, Kimble,
Kinney, Kleberg, La Salle, Live Oak, Loving, Mason, Maverick,
McMullen, Medina, Menard, Midland, Nueces, Pecos, Presidio,
Reagan, Real, Reeves, San Patricio, Shleicher, Sutton, Starr,
Sterling, Terrell, Tom Green, Upton, Uvalde, Val Verde, Ward,
Webb, Willacy, Wilson, Winkler, Zapata, and Zavala in the State
of Texas.
Section 15735 defines the region of the Northern Border
Regional Commission to include the following counties:
(1) MAINE--The counties of Androscoggin, Aroostook,
Franklin, Hancock, Kennebec, Knox, Oxford, Penobscot,
Piscataquis, Somerset, Waldo, and Washington in the State of
Maine.
(2) NEW HAMPSHIRE--The counties of Carroll, Coos, Grafton,
and Sullivan in the State of New Hampshire.
(3) NEW YORK--The counties of Cayuga, Clinton, Essex,
Franklin, Fulton, Hamilton, Herkimer, Jefferson, Lewis,
Madison, Oneida, Oswego, Seneca, and St. Lawrence in the State
of New York.
(4) VERMONT--The counties of Caledonia, Essex, Franklin,
Grand Isle, Lamoille, and Orleans in the State of Vermont.
Section 15751 authorizes $40,000,000 for fiscal year 2008;
$45,000,000 for fiscal year 2009; $50,000,000 for fiscal year
2010; $55,000,000 for fiscal year 2011; and $60,000,000 for
fiscal year 2012 to be appropriated to each Commission to carry
out this subtitle. Not more than 10 percent of the funds made
available to a Commission in a fiscal year under this Section
may be used for administrative expenses.
Section 4. Conforming amendments
This section makes necessary and conforming amendments to
the bill, including repeal of Subtitles F and G of the
Consolidated Farm and Rural Development Act and amendment of
Section 11 of the Inspector General Act of 1978.
Section 5. Transfers of authority and savings provisions
Section 5 transfers all functions of the Delta Regional
Authority to the Delta Regional Commission and transfers all
functions of the Northern Great Plains Regional Authority to
the Northern Great Plains Regional Commission.
Any assets, funds, personnel, records, and other property
of the Delta Regional Authority or the Northern Great Plains
Regional Authority relating to the functions of the Authorities
shall be transferred to the Delta Regional Commission and the
Northern Great Plains Regional Commission, respectively, as the
Commissions determine appropriate.
Section 6. Effective date
This Act and its amendments shall take effect on the first
day of the first fiscal year beginning after the date of
enactment.
Legislative History and Committee Consideration
In the 109th Congress, Chairman Oberstar introduced H.R.
1349, the ``Regional Economic and Infrastructure Development
Act of 2005''.
On January 4, 2007, Representative McIntyre introduced H.R.
66, the ``Southeast Crescent Authority Act of 2007''. On March
15, 2007, Representative Hodes introduced H.R. 1548, the
``Northern Border Economic Development Commission Act of
2007''. On April 26, 2007, Representative Reyes introduced H.R.
2068, the ``Southwest Regional Border Authority Act''.
On July 31, 2007, Chairman Oberstar introduced H.R. 3246,
the ``Regional Economic and Infrastructure Development Act of
2007''.
On August 1, 2007, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management met in
open session and recommended H.R. 3246 favorably to the
Committee on Transportation and Infrastructure.
On August 2, 2007, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 3246, the
``Regional Economic and Infrastructure Development Act of
2007''. Two amendments were adopted by voice vote: an amendment
to make technical corrections to the bill and an amendment to
add certain counties in Missouri to the Northern Great Plains
Regional Commission. The Committee ordered H.R. 3246, as
amended, reported favorably to the House by voice vote.
Record Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each record vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. There
were no recorded votes taken in connection with any amendment
to H.R. 3246 or with ordering H.R. 3246, as amended, reported.
A motion to order H.R. 3246, as amended, reported favorably to
the House was agreed to by voice vote with a quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under Section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
Section 308(a) of the Congressional Budget Act of 1974, the
Committee references the report of the Congressional Budget
Office included in the report.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
provide a comprehensive regional approach to economic and
infrastructure development in the most severely economically
distressed regions in the nation.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
Section 402 of the Congressional Budget Act of 1974, the
Committee has received the enclosed cost estimate for H.R. 3246
as amended from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 22, 2007.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3246, the Regional
Economic and Infrastructure Development Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Daniel
Hoople.
Sincerely,
Peter R. Orszag,
Director.
Enclosure.
H.R. 3246--Regional Economic and Infrastructure Development Act of 2007
Summary: H.R. 3246 would authorize the appropriation of
$1.25 billion over the 2008-2012 period to establish five
regional commissions that would award grants to state and local
governments, Indian tribes, and nonprofit organizations to
promote economic and infrastructure development among member
states.
Assuming the appropriation of the specified amounts, CBO
estimates that implementing H.R. 3246 would cost $655 million
over the 2008-2012 period. Enacting this bill would not affect
direct spending or revenues.
H.R. 3246 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3246 is shown in the following table.
The costs of this legislation fall within budget function 450
(community and regional development).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2007 2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending for Regional Commissions Under Current Law:\1\
Budget Authority...................................... 12 0 0 0 0 0
Estimated Outlays..................................... 7 7 6 4 2 1
Proposed Changes:
Authorization Level................................... 0 200 225 250 275 300
Estimated Outlays..................................... 0 10 60 145 200 240
Spending for Regional Commissions Under H.R 3246:
Authorization Level................................... 12 200 225 250 275 300
Estimated Outlays..................................... 7 17 66 149 202 241
----------------------------------------------------------------------------------------------------------------
\1\In 2007, the Delta Regional Authority (from which the Delta Regional Commission would be derived) received an
appropriation of $12 million. The Northern Great Plains Regional Authority (from which the Northern Great
Plains Regional Commission would be derived) received no appropriation in 2007.
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted near the end of fiscal year 2007 and that
the amounts specified by the bill will be appropriated for each
fiscal year.
H.R. 3246 would authorize the appropriation of $1.25
billion over the 2008-2012 period to establish the Delta
Regional Commission, the Northern Great Plains Regional
Commission, the Southeast Crescent Regional Commission, the
Southwest Border Regional Commission, and the Northern Border
Regional Commission. The functions of two existing entities--
the Delta Regional Authority and the Northern Great Plains
Regional Authority--would be transferred to the new commissions
established by the legislation for those regions. In addition,
under the bill, the Northern Great Plains Region would be
expanded to include 26 counties in the state of Missouri.
H.R. 3246 would direct the five regional commissions to
award grants to state and local governments, Indian tribes, and
nonprofit organizations to promote economic and infrastructure
development. At least 40 percent of the authorized funds would
be used for grants to develop transportation,
telecommunications, and other basic public infrastructure.
Remaining funds would be used for other economic development
activities, such as providing job training, improving public
services, and promoting conservation, tourism, and development
of renewable and alternative energy projects.
Based on historical spending patterns of similar regional
commissions, CBO estimates that implementing H.R. 3246 would
cost $655 million over the 2008-2012 period and $595 million
after 2012, assuming appropriation of the specified funds.
Intergovernmental and private-sector impact: H.R. 3246
contains no intergovernmental or private-sector mandates as
defined in UMRA. Assuming appropriation of the authorized
amounts, CBO estimates that $655 million would be spent under
the bill over the 2008-2012 period for economic and regional
development. Most of that amount would be for grants to state,
local, and tribal governments. Any costs to those governments
would be incurred voluntarily as a condition of receiving
federal assistance.
Estimate prepared by: Federal Costs: Daniel Hoople; Impact
on State, Local, and Tribal Governments: Melissa Merrell;
Impact on the Private Sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
Compliance with House Rule XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, H.R. 3246, as amended, does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI
of the Rules of the House of Representatives.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, committee reports on a bill or joint
resolution of a public character shall include a Statement
citing the specific powers granted to the Congress in the
Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, Section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to Section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a Statement on the extent to which the
bill or joint resolution is intended to preempt State, local,
or tribal law. The Committee states that H.R. 3246, as amended,
does not preempt any State, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of Section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of Section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 40, UNITED STATES CODE
Subtitle Sec.
FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES...................101
* * * * * * *
MISCELLANEOUS...............................................17101]
V. REGIONAL ECONOMIC AND INFRASTRUCTURE DEVELOPMENT.............15101
17101 SCELLANEOUS...............................................
* * * * * * *
Subtitle V--Regional Economic and Infrastructure Development
Chapter Sec.
151. GENERAL PROVISIONS...........................................15101
153. REGIONAL COMMISSIONS.........................................15301
155. FINANCIAL ASSISTANCE.........................................15501
157. ADMINISTRATIVE PROVISIONS.................................... 15701
CHAPTER 151--GENERAL PROVISIONS
Sec.
15101. Definitions.
Sec. 15101. Definitions
In this subtitle, the following definitions apply:
(1) Commission.--The term ``Commission'' means a
Commission established under section 15301.
(2) Local development district.--The term ``local
development district'' means an entity that--
(A)(i) is an economic development district
that is--
(I) in existence on the date of
enactment of this chapter; and
(II) located in the region; or
(ii) if an entity described in clause (i)
does not exist--
(I) is organized and operated in a
manner that ensures broad-based
community participation and an
effective opportunity for local
officials, community leaders, and the
public to contribute to the development
and implementation of programs in the
region;
(II) is governed by a policy board
with at least a simple majority of
members consisting of--
(aa) elected officials; or
(bb) designees or employees
of a general purpose unit of
local government that have been
appointed to represent the unit
of local government; and
(III) is certified by the Governor or
appropriate State officer as having a
charter or authority that includes the
economic development of counties,
portions of counties, or other
political subdivisions within the
region; and
(B) has not, as certified by the Federal
Cochairperson--
(i) inappropriately used Federal
grant funds from any Federal source; or
(ii) appointed an officer who, during
the period in which another entity
inappropriately used Federal grant
funds from any Federal source, was an
officer of the other entity.
(3) Federal grant program.--The term ``Federal grant
program'' means a Federal grant program to provide
assistance in carrying out economic and community
development activities.
(4) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b).
(5) Nonprofit entity.--The term ``nonprofit entity''
means any entity with tax-exempt or nonprofit status,
as defined by the Internal Revenue Service, that has
been formed for the purpose of economic development.
(6) Region.--The term ``region'' means the area
covered by a Commission as described in subchapter II
of chapter 157.
CHAPTER 153--REGIONAL COMMISSIONS
Sec.
15301. Establishment, membership, and employees.
15302. Decisions.
15303. Functions.
15304. Administrative powers and expenses.
15305. Meetings.
15306. Personal financial interests.
15307. Tribal representation on Northern Great Plains Regional
Commission.
15308. Tribal participation.
15309. Annual report.
Sec. 15301. Establishment, membership, and employees
(a) Establishment.--There are established the following
regional Commissions:
(1) The Delta Regional Commission.
(2) The Northern Great Plains Regional Commission.
(3) The Southeast Crescent Regional Commission.
(4) The Southwest Border Regional Commission.
(5) The Northern Border Regional Commission.
(b) Membership.--
(1) Federal and state members.--Each Commission shall
be composed of the following members:
(A) A Federal Cochairperson, to be appointed
by the President, by and with the advice and
consent of the Senate.
(B) The Governor of each participating State
in the region of the Commission.
(2) Alternate members.--
(A) Alternate federal cochairperson.--The
President shall appoint an alternate Federal
Cochairperson for each Commission. The
alternate Federal Cochairperson, when not
actively serving as an alternate for the
Federal Cochairperson, shall perform such
functions and duties as are delegated by the
Federal Cochairperson.
(B) State alternates.--The State member of a
participating State may have a single
alternate, who shall be appointed by the
Governor of the State from among the members of
the Governor's cabinet or personal staff.
(C) Voting.--An alternate member shall vote
in the case of the absence, death, disability,
removal, or resignation of the Federal or State
member for which the alternate member is an
alternate.
(3) Cochairpersons.--A Commission shall be headed
by--
(A) the Federal Cochairperson, who shall
serve as a liaison between the Federal
Government and the Commission; and
(B) a State Cochairperson, who shall be a
Governor of a participating State in the region
and shall be elected by the State members for a
term of not less than 1 year.
(4) Consecutive terms.--A State member may not be
elected to serve as State Cochairperson for more than 2
consecutive terms.
(c) Compensation.--
(1) Federal cochairpersons.--Each Federal
Cochairperson shall be compensated by the Federal
Government at level III of the Executive Schedule as
set out in section 5314 of title 5.
(2) Alternate federal cochairpersons.--Each Federal
Cochairperson's alternate shall be compensated by the
Federal Government at level V of the Executive Schedule
as set out in section 5316 of title 5.
(3) State members and alternates.--Each State member
and alternate shall be compensated by the State that
they represent at the rate established by the laws of
that State.
(d) Executive Director and Staff.--
(1) In general.--A Commission shall appoint and fix
the compensation of an executive director and such
other personnel as are necessary to enable the
Commission to carry out its duties. Compensation under
this paragraph may not exceed the maximum rate of basic
pay established for the Senior Executive Service under
section 5382 of title 5, including any applicable
locality-based comparability payment that may be
authorized under section 5304(h)(2)(C) of that title.
(2) Executive director.--The executive director shall
be responsible for carrying out the administrative
duties of the Commission, directing the Commission
staff, and such other duties as the Commission may
assign.
(e) No Federal Employee Status.--No member, alternate,
officer, or employee of a Commission (other than the Federal
Cochairperson, the alternate Federal Cochairperson, staff of
the Federal Cochairperson, and any Federal employee detailed to
the Commission) shall be considered to be a Federal employee
for any purpose.
Sec. 15302. Decisions
(a) Requirements for Approval.--Except as provided in section
15304(c)(3), decisions by the Commission shall require the
affirmative vote of the Federal Cochairperson and a majority of
the State members (exclusive of members representing States
delinquent under section 15304(c)(3)(C)).
(b) Consultation.--In matters coming before the Commission,
the Federal Cochairperson shall, to the extent practicable,
consult with the Federal departments and agencies having an
interest in the subject matter.
(c) Quorums.--A Commission shall determine what constitutes a
quorum for Commission meetings; except that--
(1) any quorum shall include the Federal
Cochairperson or the alternate Federal Cochairperson;
and
(2) a State alternate member shall not be counted
toward the establishment of a quorum.
(d) Projects and Grant Proposals.--The approval of project
and grant proposals shall be a responsibility of each
Commission and shall be carried out in accordance with section
15503.
Sec. 15303. Functions
A Commission shall--
(1) assess the needs and assets of its region based
on available research, demonstration projects,
investigations, assessments, and evaluations of the
region prepared by Federal, State, and local agencies,
universities, local development districts, and other
nonprofit groups;
(2) develop, on a continuing basis, comprehensive and
coordinated economic and infrastructure development
strategies to establish priorities and approve grants
for the economic development of its region, giving due
consideration to other Federal, State, and local
planning and development activities in the region;
(3) not later than one year after the date of
enactment of this section, and after taking into
account State plans developed under section 15502,
establish priorities in an economic and infrastructure
development plan for its region, including 5-year
regional outcome targets;
(4)(A) enhance the capacity of, and provide support
for, local development districts in its region; or
(B) if no local development district exists in an
area in a participating State in the region, foster the
creation of a local development district;
(5) encourage private investment in industrial,
commercial, and other economic development projects in
its region;
(6) cooperate with and assist State governments with
the preparation of economic and infrastructure
development plans and programs for participating
States;
(7) formulate and recommend to the Governors and
legislatures of States that participate in the
Commission forms of interstate cooperation and, where
appropriate, international cooperation; and
(8) work with State and local agencies in developing
appropriate model legislation to enhance local and
regional economic development.
Sec. 15304. Administrative powers and expenses
(a) Powers.--In carrying out its duties under this subtitle,
a Commission may--
(1) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence, and
print or otherwise reproduce and distribute a
description of the proceedings and reports on actions
by the Commission as the Commission considers
appropriate;
(2) authorize, through the Federal or State
Cochairperson or any other member of the Commission
designated by the Commission, the administration of
oaths if the Commission determines that testimony
should be taken or evidence received under oath;
(3) request from any Federal, State, or local agency
such information as may be available to or procurable
by the agency that may be of use to the Commission in
carrying out the duties of the Commission;
(4) adopt, amend, and repeal bylaws and rules
governing the conduct of business and the performance
of duties by the Commission;
(5) request the head of any Federal agency, State
agency, or local government to detail to the Commission
such personnel as the Commission requires to carry out
its duties, each such detail to be without loss of
seniority, pay, or other employee status;
(6) provide for coverage of Commission employees in a
suitable retirement and employee benefit system by
making arrangements or entering into contracts with any
participating State government or otherwise providing
retirement and other employee coverage;
(7) accept, use, and dispose of gifts or donations or
services or real, personal, tangible, or intangible
property;
(8) enter into and perform such contracts,
cooperative agreements, or other transactions as are
necessary to carry out Commission duties, including any
contracts or cooperative agreements with a department,
agency, or instrumentality of the United States, a
State (including a political subdivision, agency, or
instrumentality of the State), or a person, firm,
association, or corporation; and
(9) maintain a government relations office in the
District of Columbia and establish and maintain a
central office at such location in its region as the
Commission may select.
(b) Federal Agency Cooperation.--A Federal agency shall--
(1) cooperate with a Commission; and
(2) provide, to the extent practicable, on request of
the Federal Cochairperson, appropriate assistance in
carrying out this subtitle, in accordance with
applicable Federal laws (including regulations).
(c) Administrative Expenses.--
(1) In general.--Subject to paragraph (2), the
administrative expenses of a Commission shall be paid--
(A) by the Federal Government, in an amount
equal to 50 percent of the administrative
expenses of the Commission; and
(B) by the States participating in the
Commission, in an amount equal to 50 percent of
the administrative expenses.
(2) Expenses of the federal cochairperson.--All
expenses of the Federal Cochairperson, including
expenses of the alternate and staff of the Federal
Cochairperson, shall be paid by the Federal Government.
(3) State share.--
(A) In general.--Subject to subparagraph (B),
the share of administrative expenses of a
Commission to be paid by each State of the
Commission shall be determined by a unanimous
vote of the State members of the Commission.
(B) No federal participation.--The Federal
Cochairperson shall not participate or vote in
any decision under subparagraph (A).
(C) Delinquent states.--During any period in
which a State is more than 1 year delinquent in
payment of the State's share of administrative
expenses of the Commission under this
subsection--
(i) no assistance under this subtitle
shall be provided to the State
(including assistance to a political
subdivision or a resident of the State)
for any project not approved as of the
date of the commencement of the
delinquency; and
(ii) no member of the Commission from
the State shall participate or vote in
any action by the Commission.
(4) Effect on assistance.--A State's share of
administrative expenses of a Commission under this
subsection shall not be taken into consideration when
determining the amount of assistance provided to the
State under this subtitle.
Sec. 15305. Meetings
(a) Initial Meeting.--Each Commission shall hold an initial
meeting not later than 180 days after the date of enactment of
this section.
(b) Annual Meeting.--Each Commission shall conduct at least 1
meeting each year with the Federal Cochairperson and at least a
majority of the State members present.
(c) Additional Meetings.--Each Commission shall conduct
additional meetings at such times as it determines and may
conduct such meetings by electronic means.
Sec. 15306. Personal financial interests
(a) Conflicts of Interest.--
(1) No role allowed.--Except as permitted by
paragraph (2), an individual who is a State member or
alternate, or an officer or employee of a Commission,
shall not participate personally and substantially as a
member, alternate, officer, or employee of the
Commission, through decision, approval, disapproval,
recommendation, request for a ruling, or other
determination, contract, claim, controversy, or other
matter in which, to the individual's knowledge, any of
the following has a financial interest:
(A) The individual.
(B) The individual's spouse, minor child, or
partner.
(C) An organization (except a State or
political subdivision of a State) in which the
individual is serving as an officer, director,
trustee, partner, or employee.
(D) Any person or organization with whom the
individual is negotiating or has any
arrangement concerning prospective employment.
(2) Exception.--Paragraph (1) shall not apply if the
individual, in advance of the proceeding, application,
request for a ruling or other determination, contract,
claim controversy, or other particular matter
presenting a potential conflict of interest--
(A) advises the Commission of the nature and
circumstances of the matter presenting the
conflict of interest;
(B) makes full disclosure of the financial
interest; and
(C) receives a written decision of the
Commission that the interest is not so
substantial as to be considered likely to
affect the integrity of the services that the
Commission may expect from the individual.
(3) Violation.--An individual violating this
subsection shall be fined under title 18, imprisoned
for not more than 1 year, or both.
(b) State Member or Alternate.--A State member or alternate
member may not receive any salary, or any contribution to, or
supplementation of, salary, for services on a Commission from a
source other than the State of the member or alternate.
(c) Detailed Employees.--
(1) In general.--No person detailed to serve a
Commission shall receive any salary, or any
contribution to, or supplementation of, salary, for
services provided to the Commission from any source
other than the State, local, or intergovernmental
department or agency from which the person was detailed
to the Commission.
(2) Violation.--Any person that violates this
subsection shall be fined under title 18, imprisoned
not more than 1 year, or both.
(d) Federal Cochairman, Alternate to Federal Cochairman, and
Federal Officers and Employees.--The Federal Cochairman, the
alternate to the Federal Cochairman, and any Federal officer or
employee detailed to duty with the Commission are not subject
to this section but remain subject to sections 202 through 209
of title 18.
(e) Rescission.--A Commission may declare void any contract,
loan, or grant of or by the Commission in relation to which the
Commission determines that there has been a violation of any
provision under subsection (a)(1), (b), or (c), or any of the
provisions of sections 202 through 209 of title 18.
Sec. 15307. Tribal representation on Northern Great Plains Regional
Commission
(a) Tribal Cochairperson.--
(1) Appointment.--In addition to the members
specified in section 15301(b)(1), the membership of the
Northern Great Plains Regional Commission shall include
a Tribal Cochairperson, to be appointed by the
President, by and with the advice and consent of the
Senate. The Tribal Cochairperson shall be a member of
an Indian tribe in the Commission's region.
(2) Duties.--In addition to the Federal Cochairperson
and State Cochairperson, the Commission shall be headed
by the Tribal Cochairperson, who shall serve as a
liaison between the governments of Indian tribes in the
region and the Commission.
(b) Alternate Tribal Cochairperson.--
(1) Appointment.--The President shall appoint an
alternate to the Tribal Cochairperson.
(2) Duties.--The alternate Tribal Cochairperson, when
not actively serving as an alternate for the Tribal
Cochairperson, shall perform such functions and duties
as are delegated by the Tribal Cochairperson.
(3) Voting.--The alternate Tribal Cochairperson shall
vote in the case of the absence, death, disability,
removal, or resignation of the Tribal Cochairperson.
(c) Compensation.--
(1) Tribal cochairperson.--The Tribal Cochairperson
shall be compensated by the Federal Government at level
III of the Executive Schedule as set out in section
5314 of title 5.
(2) Alternate tribal cochairperson.--The Tribal
Cochairperson's alternate shall be compensated by the
Federal Government at level V of the Executive Schedule
as set out in section 5316 of title 5.
(d) Expenses of Tribal Cochairperson.--All expenses of the
Tribal Cochairperson, including expenses of the alternate and
staff of the Tribal Cochairperson, shall be paid by the Federal
Government.
(e) Duties and Privileges.--Except as provided in subsections
(c) and (d), the Tribal Cochairperson shall have the same
duties and privileges as the State Cochairperson.
Sec. 15308. Tribal participation
Governments of Indian tribes in the region of the Northern
Great Plains Regional Commission or the Southwest Border
Regional Commission shall be allowed to participate in matters
before that Commission in the same manner and to the same
extent as State agencies and instrumentalities in the region.
Sec. 15309. Annual report
(a) In General.--Not later than 90 days after the last day of
each fiscal year, each Commission shall submit to the President
and Congress a report on the activities carried out by the
Commission under this subtitle in the fiscal year.
(b) Contents.--The report shall include--
(1) a description of the criteria used by the
Commission to designate counties under section 15702
and a list of the counties designated in each category;
(2) an evaluation of the progress of the Commission
in meeting the goals identified in the Commission's
economic and infrastructure development plan under
section 15303 and State economic and infrastructure
development plans under section 15502; and
(3) any policy recommendations approved by the
Commission.
CHAPTER 155--FINANCIAL ASSISTANCE
Sec.
15501. Economic and infrastructure development grants.
15502. Comprehensive economic and infrastructure development plans.
15503. Approval of applications for assistance.
15504. Program development criteria.
15505. Local development districts and organizations.
15506. Supplements to Federal grant programs.
Sec. 15501. Economic and infrastructure development grants
(a) In General.--A Commission may make grants to States and
local governments, Indian tribes, and public and nonprofit
organizations for projects, approved in accordance with section
15503--
(1) to develop the transportation infrastructure of
its region;
(2) to develop the basic public infrastructure of its
region;
(3) to develop the telecommunications infrastructure
of its region;
(4) to assist its region in obtaining job skills
training, skills development and employment-related
education, entrepreneurship, technology, and business
development;
(5) to provide assistance to severely economically
distressed and underdeveloped areas of its region that
lack financial resources for improving basic health
care and other public services;
(6) to promote resource conservation, tourism,
recreation, and preservation of open space in a manner
consistent with economic development goals;
(7) to promote the development of renewable and
alternative energy sources; and
(8) to otherwise achieve the purposes of this
subtitle.
(b) Allocation of Funds.--A Commission shall allocate at
least 40 percent of any grant amounts provided by the
Commission in a fiscal year for projects described in
paragraphs (1) through (3) of subsection (a).
(c) Sources of Grants.--Grant amounts may be provided
entirely from appropriations to carry out this subtitle, in
combination with amounts available under other Federal grant
programs, or from any other source.
(d) Maximum Commission Contributions.--
(1) In general.--Subject to paragraphs (2) and (3),
the Commission may contribute not more than 50 percent
of a project or activity cost eligible for financial
assistance under this section from amounts appropriated
to carry out this subtitle.
(2) Distressed counties.--The maximum Commission
contribution for a project or activity to be carried
out in a county for which a distressed county
designation is in effect under section 15702 may be
increased to 80 percent.
(3) Special rule for regional projects.--A Commission
may increase to 60 percent under paragraph (1) and 90
percent under paragraph (2) the maximum Commission
contribution for a project or activity if--
(A) the project or activity involves 3 or
more counties or more than one State; and
(B) the Commission determines in accordance
with section 15302(a) that the project or
activity will bring significant interstate or
multicounty benefits to a region.
(e) Maintenance of Effort.--Funds may be provided by a
Commission for a program or project in a State under this
section only if the Commission determines that the level of
Federal or State financial assistance provided under a law
other than this subtitle, for the same type of program or
project in the same area of the State within region, will not
be reduced as a result of funds made available by this
subtitle.
(f) No Relocation Assistance.--Financial assistance
authorized by this section may not be used to assist a person
or entity in relocating from one area to another.
Sec. 15502. Comprehensive economic and infrastructure development plans
(a) State Plans.--In accordance with policies established by
a Commission, each State member of the Commission shall submit
a comprehensive economic and infrastructure development plan
for the area of the region represented by the State member.
(b) Content of Plan.--A State economic and infrastructure
development plan shall reflect the goals, objectives, and
priorities identified in any applicable economic and
infrastructure development plan developed by a Commission under
section 15303.
(c) Consultation With Interested Local Parties.--In carrying
out the development planning process (including the selection
of programs and projects for assistance), a State shall--
(1) consult with local development districts, local
units of government, and local colleges and
universities; and
(2) take into consideration the goals, objectives,
priorities, and recommendations of the entities
described in paragraph (1).
(d) Public Participation.--
(1) In general.--A Commission and applicable State
and local development districts shall encourage and
assist, to the maximum extent practicable, public
participation in the development, revision, and
implementation of all plans and programs under this
subtitle.
(2) Guidelines.--A Commission shall develop
guidelines for providing public participation,
including public hearings.
Sec. 15503. Approval of applications for assistance
(a) Evaluation by State Member.--An application to a
Commission for a grant or any other assistance for a project
under this subtitle shall be made through, and evaluated for
approval by, the State member of the Commission representing
the applicant.
(b) Certification.--An application to a Commission for a
grant or other assistance for a project under this subtitle
shall be eligible for assistance only on certification by the
State member of the Commission representing the applicant that
the application for the project--
(1) describes ways in which the project complies with
any applicable State economic and infrastructure
development plan;
(2) meets applicable criteria under section 15504;
(3) adequately ensures that the project will be
properly administered, operated, and maintained; and
(4) otherwise meets the requirements for assistance
under this subtitle.
(c) Votes for Decisions.--On certification by a State member
of a Commission of an application for a grant or other
assistance for a specific project under this section, an
affirmative vote of the Commission under section 15302 shall be
required for approval of the application.
Sec. 15504. Program development criteria
(a) In General.--In considering programs and projects to be
provided assistance by a Commission under this subtitle, and in
establishing a priority ranking of the requests for assistance
provided to the Commission, the Commission shall follow
procedures that ensure, to the maximum extent practicable,
consideration of--
(1) the relationship of the project or class of
projects to overall regional development;
(2) the per capita income and poverty and
unemployment and outmigration rates in an area;
(3) the financial resources available to the
applicants for assistance seeking to carry out the
project, with emphasis on ensuring that projects are
adequately financed to maximize the probability of
successful economic development;
(4) the importance of the project or class of
projects in relation to the other projects or classes
of projects that may be in competition for the same
funds;
(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 development of the area to be served by the
project; and
(6) the extent to which the project design provides
for detailed outcome measurements by which grant
expenditures and the results of the expenditures may be
evaluated.
Sec. 15505. Local development districts and organizations
(a) Grants to Local Development Districts.--Subject to the
requirements of this section, a Commission may make grants to a
local development district to assist in the payment of
development planning and administrative expenses.
(b) Conditions for Grants.--
(1) Maximum amount.--The amount of a grant awarded
under this section may not exceed 80 percent of the
administrative and planning expenses of the local
development district receiving the grant.
(2) Maximum period for state agencies.--In the case
of a State agency certified as a local development
district, a grant may not be awarded to the agency
under this section for more than 3 fiscal years.
(3) Local share.--The contributions of a local
development district for administrative expenses may be
in cash or in kind, fairly evaluated, including space,
equipment, and services.
(c) Duties of Local Development Districts.--A local
development district shall--
(1) operate as a lead organization serving
multicounty areas in the region at the local level;
(2) assist the Commission in carrying out outreach
activities for local governments, community development
groups, the business community, and the public;
(3) serve as a liaison between State and local
governments, nonprofit organizations (including
community-based groups and educational institutions),
the business community, and citizens; and
(4) assist the individuals and entities described in
paragraph (3) in identifying, assessing, and
facilitating projects and programs to promote the
economic development of the region.
Sec. 15506. Supplements to Federal grant programs
(a) Finding.--Congress finds that certain States and local
communities of the region, including local development
districts, may be unable to take maximum advantage of Federal
grant programs for which the States and communities are
eligible because--
(1) they lack the economic resources to provide the
required matching share; or
(2) there are insufficient funds available under the
applicable Federal law with respect to a project to be
carried out in the region.
(b) Federal Grant Program Funding.--A Commission, with the
approval of the Federal Cochairperson, may use amounts made
available to carry out this subtitle--
(1) for any part of the basic Federal contribution to
projects or activities under the Federal grant programs
authorized by Federal laws; and
(2) to increase the Federal contribution to projects
and activities under the programs above the fixed
maximum part of the cost of the projects or activities
otherwise authorized by the applicable law.
(c) Certification Required.--For a program, project, or
activity for which any part of the basic Federal contribution
to the project or activity under a Federal grant program is
proposed to be made under subsection (b), the Federal
contribution shall not be made until the responsible Federal
official administering the Federal law authorizing the Federal
contribution certifies that the program, project, or activity
meets the applicable requirements of the Federal law and could
be approved for Federal contribution under that law if amounts
were available under the law for the program, project, or
activity.
(d) Limitations in Other Laws Inapplicable.--Amounts provided
pursuant to this subtitle are available without regard to any
limitations on areas eligible for assistance or authorizations
for appropriation in any other law.
(e) Federal Share.--The Federal share of the cost of a
project or activity receiving assistance under this section
shall not exceed 80 percent.
(f) Maximum Commission Contribution.--Section 15501(d),
relating to limitations on Commission contributions, shall
apply to a program, project, or activity receiving assistance
under this section.
CHAPTER 157--ADMINISTRATIVE PROVISIONS
subchapter i--general provisions
Sec.
15701. Consent of States.
15702. Distressed counties and areas.
15703. Counties eligible for assistance in more than one region.
15704. Inspector General; records.
15705. Biannual meetings of representatives of all Commissions.
15706. Relationship to other laws.
subchapter ii--designation of regions
15731. Delta Regional Commission.
15732. Northern Great Plains Regional Commission.
15733. Southeast Crescent Regional Commission.
15734. Southwest Border Regional Commission.
15735. Northern Border Regional Commission.
subchapter iii--authorization of appropriations
15751. Authorization of appropriations.
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 15701. Consent of States
This subtitle does not require a State to engage in or accept
a program under this subtitle without its consent.
Sec. 15702. Distressed counties and areas
(a) Designations.--Not later than 90 days after the date of
enactment of this section, and annually thereafter, each
Commission shall make the following designations:
(1) Distressed counties.--The Commission shall
designate as distressed counties those counties in its
region that are the most severely and persistently
economically distressed and underdeveloped and have
high rates of poverty, unemployment, or outmigration.
(2) Transitional counties.--The Commission shall
designate as transitional counties those counties in
its region that are economically distressed and
underdeveloped or have recently suffered high rates of
poverty, unemployment, or outmigration.
(3) Attainment counties.--The Commission shall
designate as attainment counties, those counties in its
region that are not designated as distressed or
transitional counties under this subsection.
(4) Isolated areas of 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 50
percent of the appropriations made available to the Commission
to carry out this subtitle for programs and projects designed
to serve the needs of distressed counties and isolated areas of
distress in the region.
(c) Attainment Counties.--
(1) In general.--Except 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) Exceptions.--
(A) Administrative expenses of local
development 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) Multicounty and other projects.--A
Commission may waive the application of the
funding prohibition under paragraph (1) with
respect to--
(i) a multicounty project that
includes participation 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.--For 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
(B) if no recent Federal data are available,
by the most recent data available through the
government of the State in which the isolated
area of distress is located.
Sec. 15703. Counties eligible for assistance in more than one region
(a) Limitation.--A political subdivision of a State may not
receive assistance under this subtitle in a fiscal year from
more than one Commission.
(b) Selection of Commission.--A political subdivision
included in the region of more than one Commission shall select
the Commission with which it will participate by notifying, in
writing, the Federal Cochairperson and the appropriate State
member of that Commission.
(c) Changes in Selections.--The selection of a Commission by
a political subdivision shall apply in the fiscal year in which
the selection is made, and shall apply in each subsequent
fiscal year unless the political subdivision, at least 90 days
before the first day of the fiscal year, notifies the
Cochairpersons of another Commission in writing that the
political subdivision will participate in that Commission and
also transmits a copy of such notification to the
Cochairpersons of the Commission in which the political
subdivision is currently participating.
(d) Inclusion of Appalachian Regional Commission.--In this
section, the term ``Commission'' includes the Appalachian
Regional Commission established under chapter 143.
Sec. 15704. Inspector General; records
(a) Appointment of Inspector General.--There shall be an
Inspector General for the Commissions appointed in accordance
with section 3(a) of the Inspector General Act of 1978 (5
U.S.C. App.). All of the Commissions shall be subject to a
single Inspector General.
(b) Records of a Commission.--
(1) In general.--A Commission shall maintain accurate
and complete records of all its transactions and
activities.
(2) Availability.--All records of a Commission shall
be available for audit and examination by the Inspector
General (including authorized representatives of the
Inspector General).
(c) Records of Recipients of Commission Assistance.--
(1) In general.--A recipient of funds from a
Commission under this subtitle shall maintain accurate
and complete records of transactions and activities
financed with the funds and report to the Commission on
the transactions and activities.
(2) Availability.--All records required under
paragraph (1) shall be available for audit by the
Commission and the Inspector General (including
authorized representatives of the Commission and the
Inspector General).
(d) Annual Audit.--The Inspector General shall audit the
activities, transactions, and records of each Commission on an
annual basis.
Sec. 15705. Biannual meetings of representatives of all Commissions
(a) In General.--Representatives of each Commission, the
Appalachian Regional Commission, and the Denali Commission
shall meet biannually to discuss issues confronting regions
suffering from chronic and contiguous distress and successful
strategies for promoting regional development.
(b) Chair of Meetings.--The chair of each meeting shall
rotate among the Commissions, with the Appalachian Regional
Commission to host the first meeting.
Sec. 15706. Relationship to other laws
Projects receiving assistance under this subtitle shall be
treated in the manner provided in section 602 of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3212).
SUBCHAPTER II--DESIGNATION OF REGIONS
Sec. 15731. Delta Regional Commission
The region of the Delta Regional Commission shall consist of
the following political subdivisions:
(1) Alabama.--The counties of Barbour, Bullock,
Butler, Choctaw, Clarke, Conecuh, Dallas, Escambia,
Greene, Hale, Lowndes, Macon, Marengo, Monroe, Perry,
Pickens, Russell, Sumter, Washington, and Wilcox in the
State of Alabama.
(2) Arkansas.--The counties of Arkansas, Ashley,
Baxter, Bradley, Calhoun, Chicot, Clay, Cleveland,
Craighead, Crittenden, Cross, Dallas, Desha, Drew,
Fulton, Grant, Greene, Independence, Izard, Jackson,
Jefferson, Lawrence, Lee, Lincoln, Lonoke, Marion,
Mississippi, Monroe, Ouachita, Phillips, Poinsett,
Prairie, Pulaski, Randolph, St. Francis, Searcy, Sharp,
Stone, Union, Van Buren, White, and Woodruff in the
State of Arkansas.
(3) Illinois.--The counties of Alexander, Franklin,
Gallatin, Hamilton, Hardin, Jackson, Johnson, Massac,
Perry, Pope, Pulaski, Randolph, Saline, Union, White,
and Williamson in the State of Illinois.
(4) Kentucky.--The counties of Ballard, Caldwell,
Calloway, Carlisle, Christian, Crittenden, Fulton,
Graves, Henderson, Hickman, Hopkins, Livingston, Lyon,
Marshall, McCracken, McLean, Muhlenberg, Todd, Trigg,
Union, and Webster in the State of Kentucky.
(5) Louisiana.--The parishes of Acadia, Allen,
Ascension, Assumption, Avoyelles, Caldwell, Catahoula,
Concordia, E. Baton Rouge, E. Carroll, E. Feliciana,
Evangeline, Franklin, Grant, Iberia, Iberville,
Jackson, Jefferson, Lafourche, LaSalle, Lincoln,
Livingston, Madison, Morehouse, Natchitoches, Orleans,
Ouachita, Plaquemines, Pointe Coupee, Rapides,
Richland, St. Bernard, St. Charles, St. Helena, St.
James, St. John the Baptist, St. Landry, St. Martin,
Tangipahoa, Tensas, Union, Washington, W. Baton Rouge,
W. Carroll, W. Feliciana, and Winn in the State of
Louisiana.
(6) Mississippi.--The counties of Adams, Amite,
Attala, Benton, Bolivar, Carroll, Claiborne, Coahoma,
Copiah, Covington, DeSoto, Franklin, Grenada, Hinds,
Holmes, Humphreys, Issaquena, Jefferson, Jefferson
Davis, Lafayette, Lawrence, Leflore, Lincoln, Madison,
Marion, Marshall, Montgomery, Panola, Pike, Quitman,
Rankin, Sharkey, Simpson, Sunflower, Tallahatchie,
Tate, Tippah, Tunica, Union, Walthall, Warren,
Washington, Wilkinson, Yalobusha, and Yazoo in the
State of Mississippi.
(7) Missouri.--The counties Bollinger, Butler, Cape
Girardeau, Carter, Crawford, Dent, Douglas, Dunklin,
Howell, Iron, Madison, Mississippi, New Madrid, Oregon,
Ozark, Pemiscott, Perry, Phelps, Reynolds, Ripley, Ste.
Genevieve, St. Francois, Scott, Shannon, Stoddard,
Texas, Washington, Wayne, and Wright in the State of
Missouri.
(8) Tennessee.--The counties of Benton, Carroll,
Chester, Crockett, Decatur, Dyer, Fayette, Gibson,
Hardeman, Hardin, Haywood, Henderson, Henry, Lake,
Lauderdale, McNairy, Madison, Obion, Shelby, Tipton,
and Weakley in the State of Tennessee.
Sec. 15732. Northern Great Plains Regional Commission
The region of the Northern Great Plains Regional Commission
shall consist of the following:
(1) All counties of the States of Iowa, Minnesota,
Nebraska, North Dakota, and South Dakota.
(2) The counties of Andrew, Atchison, Buchanan,
Caldwell, Carroll, Chariton, Clay, Clinton, Cooper,
Daviess, DeKalb, Gentry, Grundy, Harrison, Holt,
Howard, Jackson, Linn, Livingston, Mercer, Nodaway,
Platte, Putnam, Schuyler, Sullivan, and Worth in the
State of Missouri.
Sec. 15733. Southeast Crescent Regional Commission
The region of the Southeast Crescent Regional Commission
shall consist of all counties of the States of Virginia, North
Carolina, South Carolina, Georgia, Alabama, Mississippi, and
Florida not already served by the Appalachian Regional
Commission or the Delta Regional Commission.
Sec. 15734. Southwest Border Regional Commission
The region of the Southwest Border Regional Commission shall
consist of the following political subdivisions:
(1) Arizona.--The counties of Cochise, Gila, Graham,
Greenlee, La Paz, Maricopa, Pima, Pinal, Santa Cruz,
and Yuma in the State of Arizona.
(2) California.--The counties of Imperial, Los
Angeles, Orange, Riverside, San Bernardino, San Diego,
and Ventura in the State of California.
(3) New mexico.--The counties of Catron, Chaves, Dona
Ana, Eddy, Grant, Hidalgo, Lincoln, Luna, Otero,
Sierra, and Socorro in the State of New Mexico.
(4) Texas.--The counties of Atascosa, Bandera, Bee,
Bexar, Brewster, Brooks, Cameron, Coke, Concho, Crane,
Crockett, Culberson, Dimmit, Duval, Ector, Edwards, El
Paso, Frio, Gillespie, Glasscock, Hidalgo, Hudspeth,
Irion, Jeff Davis, Jim Hogg, Jim Wells, Karnes,
Kendall, Kenedy, Kerr, Kimble, Kinney, Kleberg, La
Salle, Live Oak, Loving, Mason, Maverick, McMullen,
Medina, Menard, Midland, Nueces, Pecos, Presidio,
Reagan, Real, Reeves, San Patricio, Shleicher, Sutton,
Starr, Sterling, Terrell, Tom Green Upton, Uvalde, Val
Verde, Ward, Webb, Willacy, Wilson, Winkler, Zapata,
and Zavala in the State of Texas.
Sec. 15735. Northern Border Regional Commission
The region of the Northern Border Regional Commission shall
include the following counties:
(1) Maine.--The counties of Androscoggin, Aroostook,
Franklin, Hancock, Kennebec, Knox, Oxford, Penobscot,
Piscataquis, Somerset, Waldo, and Washington in the
State of Maine.
(2) New hampshire.--The counties of Carroll, Coos,
Grafton, and Sullivan in the State of New Hampshire.
(3) New york.--The counties of Cayuga, Clinton,
Essex, Franklin, Fulton, Hamilton, Herkimer, Jefferson,
Lewis, Madison, Oneida, Oswego, Seneca, and St.
Lawrence in the State of New York.
(4) Vermont.--The counties of Caledonia, Essex,
Franklin, Grand Isle, Lamoille, and Orleans in the
State of Vermont.
SUBCHAPTER III--AUTHORIZATION OF APPROPRIATIONS
Sec. 15751. Authorization of appropriations
(a) In General.--There is authorized to be appropriated to
each Commission to carry out this subtitle--
(1) $40,000,000 for fiscal year 2008;
(2) $45,000,000 for fiscal year 2009;
(3) $50,000,000 for fiscal year 2010;
(4) $55,000,000 for fiscal year 2011; and
(5) $60,000,000 for fiscal year 2012.
(b) Administrative Expenses.--Not more than 10 percent of the
funds made available to a Commission in a fiscal year under
this section may be used for administrative expenses.
SUBTITLE [V] VI--MISCELLANEOUS
* * * * * * *
----------
CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT
* * * * * * *
TITLE III--AGRICULTURAL CREDIT
Sec. 301. (a) This title may be cited as the ``Consolidated
Farm and Rural Development Act''.
* * * * * * *
[Subtitle F--Delta Regional Authority
[SEC. 382A. DEFINITIONS.
[In this subtitle:
[(1) Authority.--The term ``Authority'' means the
Delta Regional Authority established by section 382B.
[(2) Region.--The term ``region'' means the Lower
Mississippi (as defined in section 4 of the Delta
Development Act (42 U.S.C. 3121 note; Public Law 100-
460)).
[(3) Federal grant program.--The term ``Federal grant
program'' means a Federal grant program to provide
assistance in--
[(A) acquiring or developing land;
[(B) constructing or equipping a highway,
road, bridge, or facility; or
[(C) carrying out other economic development
activities.
[SEC. 382B. DELTA REGIONAL AUTHORITY.
[(a) Establishment.--
[(1) In general.--There is established the Delta
Regional Authority.
[(2) Composition.--The Authority shall be composed
of--
[(A) a Federal member, to be appointed by the
President, with the advice and consent of the
Senate; and
[(B) the Governor (or a designee of the
Governor) of each State in the region that
elects to participate in the Authority.
[(3) Cochairpersons.--The Authority shall be headed
by--
[(A) the Federal member, who shall serve--
[(i) as the Federal cochairperson;
and
[(ii) as a liaison between the
Federal Government and the Authority;
and
[(B) a State cochairperson, who--
[(i) shall be a Governor of a
participating State in the region; and
[(ii) shall be elected by the State
members for a term of not less than 1
year.
[(b) Alternate Members.--
[(1) State alternates.--The State member of a
participating State may have a single alternate, who
shall be--
[(A) a resident of that State; and
[(B) appointed by the Governor of the State.
[(2) Alternate federal cochairperson.--The President
shall appoint an alternate Federal cochairperson.
[(3) Quorum.--A State alternate shall not be counted
toward the establishment of a quorum of the Authority
in any instance in which a quorum of the State members
is required to be present.
[(4) Delegation of power.--No power or responsibility
of the Authority specified in paragraphs (2) and (3) of
subsection (c), and no voting right of any Authority
member, shall be delegated to any person--
[(A) who is not an Authority member; or
[(B) who is not entitled to vote in Authority
meetings.
[(c) Voting.--
[(1) In general.--
[(A) Temporary method.--During the period
beginning on the date of enactment of this
subparagraph and ending on December 31, 2008, a
decision by the Authority shall require the
affirmative vote of the Federal cochairperson
and a majority of the State members (not
including any member representing a State that
is delinquent under subsection (g)(2)(C)) to be
effective.
[(B) Permanent method.--Effective beginning
on January 1, 2009, a decision by the Authority
shall require a majority vote of the Authority
(not including any member representing a State
that is delinquent under subsection (g)(2)(C))
to be effective.
[(2) Quorum.--A quorum of State members shall be
required to be present for the Authority to make any
policy decision, including--
[(A) a modification or revision of an
Authority policy decision;
[(B) approval of a State or regional
development plan; and
[(C) any allocation of funds among the
States.
[(3) Project and grant proposals.--The approval of
project and grant proposals shall be--
[(A) a responsibility of the Authority; and
[(B) conducted in accordance with section
382I.
Voting by alternate members.--An alternate member
shall vote in the case of the absence, death,
disability, removal, or resignation of the Federal or
State representative for which the alternate member is
an alternate.
[(d) Duties.--The Authority shall--
[(1) develop, on a continuing basis, comprehensive
and coordinated plans and programs to establish
priorities and approve grants for the economic
development of the region, giving due consideration to
other Federal, State, and local planning and
development activities in the region;
[(2) not later than 220 days after the date of
enactment of this subtitle, establish priorities in a
development plan for the region (including 5-year
regional outcome targets);
[(3) assess the needs and assets of the region based
on available research, demonstrations, investigations,
assessments, and evaluations of the region prepared by
Federal, State, and local agencies, universities, local
development districts, and other nonprofit groups;
[(4) formulate and recommend to the Governors and
legislatures of States that participate in the
Authority forms of interstate cooperation;
[(5) work with State and local agencies in developing
appropriate model legislation;
[(6)(A) enhance the capacity of, and provide support
for, local development districts in the region; or
[(B) if no local development district exists in an
area in a participating State in the region, foster the
creation of a local development district;
[(7) encourage private investment in industrial,
commercial, and other economic development projects in
the region; and
[(8) cooperate with and assist State governments with
economic development programs of participating States.
[(e) Administration.--In carrying out subsection (d), the
Authority may--
[(1) hold such hearings, sit and act at such times
and places, take such testimony, receive such evidence,
and print or otherwise reproduce and distribute a
description of the proceedings and reports on actions
by the Authority as the Authority considers
appropriate;
[(2) authorize, through the Federal or State
cochairperson or any other member of the Authority
designated by the Authority, the administration of
oaths if the Authority determines that testimony should
be taken or evidence received under oath;
[(3) request from any Federal, State, or local
department or agency such information as may be
available to or procurable by the department or agency
that may be of use to the Authority in carrying out
duties of the Authority;
[(4) adopt, amend, and repeal bylaws, rules, and
regulations governing the conduct of Authority business
and the performance of Authority duties;
[(5) request the head of any Federal department or
agency to detail to the Authority such personnel as the
Authority requires to carry out duties of the
Authority, each such detail to be without loss of
seniority, pay, or other employee status;
[(6) request the head of any State department or
agency or local government to detail to the Authority
such personnel as the Authority requires to carry out
duties of the Authority, each such detail to be without
loss of seniority, pay, or other employee status;
[(7) provide for coverage of Authority employees in a
suitable retirement and employee benefit system by--
[(A) making arrangements or entering into
contracts with any participating State
government; or
[(B) otherwise providing retirement and other
employee benefit coverage;
[(8) accept, use, and dispose of gifts or donations
of services or real, personal, tangible, or intangible
property;
[(9) enter into and perform such contracts, leases,
cooperative agreements, or other transactions as are
necessary to carry out Authority duties, including any
contracts, leases, or cooperative agreements with--
[(A) any department, agency, or
instrumentality of the United States;
[(B) any State (including a political
subdivision, agency, or instrumentality of the
State); or
[(C) any person, firm, association, or
corporation; and
[(10) establish and maintain a central office and
field offices at such locations as the Authority may
select.
[(f) Federal Agency Cooperation.--A Federal agency shall--
[(1) cooperate with the Authority; and
[(2) provide, on request of the Federal
cochairperson, appropriate assistance in carrying out
this subtitle, in accordance with applicable Federal
laws (including regulations).
[(g) Administrative Expenses.--
[(1) In general.--Administrative expenses of the
Authority (except for the expenses of the Federal
cochairperson, including expenses of the alternate and
staff of the Federal cochairperson, which shall be paid
solely by the Federal Government) shall be paid--
[(A) by the Federal Government, in an amount
equal to 50 percent of the administrative
expenses; and
[(B) by the States in the region
participating in the Authority, in an amount
equal to 50 percent of the administrative
expenses.
[(2) State share.--
[(A) In general.--The share of administrative
expenses of the Authority to be paid by each
State shall be determined by the Authority.
[(B) No federal participation.--The Federal
cochairperson shall not participate or vote in
any decision under subparagraph (A).
[(C) Delinquent states.--If a State is
delinquent in payment of the State's share of
administrative expenses of the Authority under
this subsection--
[(i) no assistance under this
subtitle shall be furnished to the
State (including assistance to a
political subdivision or a resident of
the State); and
[(ii) no member of the Authority from
the State shall participate or vote in
any action by the Authority.
[(h) Compensation.--
[(1) Federal cochairperson.--The Federal
cochairperson shall be compensated by the Federal
Government at level III of the Executive Schedule in
subchapter II of chapter 53 of title 5, United States
Code.
[(2) Alternate federal cochairperson.--The alternate
Federal cochairperson--
[(A) shall be compensated by the Federal
Government at level V of the Executive Schedule
described in paragraph (1); and
[(B) when not actively serving as an
alternate for the Federal cochairperson, shall
perform such functions and duties as are
delegated by the Federal cochairperson.
[(3) State members and alternates.--
[(A) In general.--A State shall compensate
each member and alternate representing the
State on the Authority at the rate established
by law of the State.
[(B) No additional compensation.--No State
member or alternate member shall receive any
salary, or any contribution to or
supplementation of salary from any source other
than the State for services provided by the
member or alternate to the Authority.
[(4) Detailed employees.--
[(A) In general.--No person detailed to serve
the Authority under subsection (e)(6) shall
receive any salary or any contribution to or
supplementation of salary for services provided
to the Authority from--
[(i) any source other than the State,
local, or intergovernmental department
or agency from which the person was
detailed; or
[(ii) the Authority.
[(B) Violation.--Any person that violates
this paragraph shall be fined not more than
$5,000, imprisoned not more than 1 year, or
both.
[(C) Applicable law.--The Federal
cochairperson, the alternate Federal
cochairperson, and any Federal officer or
employee detailed to duty on the Authority
under subsection (e)(5) shall not be subject to
subparagraph (A), but shall remain subject to
sections 202 through 209 of title 18, United
States Code.
[(5) Additional personnel.--
[(A) Compensation.--
[(i) In general.--The Authority may
appoint and fix the compensation of an
executive director and such other
personnel as are necessary to enable
the Authority to carry out the duties
of the Authority.
[(ii) Exception.--Compensation under
clause (i) shall not exceed the maximum
rate for the Senior Executive Service
under section 5382 of title 5, United
States Code, including any applicable
locality-based comparability payment
that may be authorized under section
5304(h)(2)(C) of that title.
[(B) Executive director.--The executive
director shall be responsible for--
[(i) the carrying out of the
administrative duties of the Authority;
[(ii) direction of the Authority
staff; and
[(iii) such other duties as the
Authority may assign.
[(C) No federal employee status.--No member,
alternate, officer, or employee of the
Authority (except the Federal cochairperson of
the Authority, the alternate and staff for the
Federal cochairperson, and any Federal employee
detailed to the Authority under subsection
(e)(5)) shall be considered to be a Federal
employee for any purpose.
[(i) Conflicts of Interest.--
[(1) In general.--Except as provided under paragraph
(2), no State member, alternate, officer, or employee
of the Authority shall participate personally and
substantially as a member, alternate, officer, or
employee of the Authority, through decision, approval,
disapproval, recommendation, the rendering of advice,
investigation, or otherwise, in any proceeding,
application, request for a ruling or other
determination, contract, claim, controversy, or other
matter in which, to knowledge of the member, alternate,
officer, or employee--
[(A) the member, alternate, officer, or
employee;
[(B) the spouse, minor child, partner, or
organization (other than a State or political
subdivision of the State) of the member,
alternate, officer, or employee, in which the
member, alternate, officer, or employee is
serving as officer, director, trustee, partner,
or employee; or
[(C) any person or organization with whom the
member, alternate, officer, or employee is
negotiating or has any arrangement concerning
prospective employment;
has a financial interest.
[(2) Disclosure.--Paragraph (1) shall not apply if
the State member, alternate, officer, or employee--
[(A) immediately advises the Authority of the
nature and circumstances of the proceeding,
application, request for a ruling or other
determination, contract, claim, controversy, or
other particular matter presenting a potential
conflict of interest;
[(B) makes full disclosure of the financial
interest; and
[(C) before the proceeding concerning the
matter presenting the conflict of interest,
receives a written determination by the
Authority that the interest is not so
substantial as to be likely to affect the
integrity of the services that the Authority
may expect from the State member, alternate,
officer, or employee.
[(3) Violation.--Any person that violates this
subsection shall be fined not more than $10,000,
imprisoned not more than 2 years, or both.
[(j) Validity of Contracts, Loans, and Grants.--The Authority
may declare void any contract, loan, or grant of or by the
Authority in relation to which the Authority determines that
there has been a violation of any provision under subsection
(h)(4), subsection (i), or sections 202 through 209 of title
18, United States Code.
[SEC. 382C. ECONOMIC AND COMMUNITY DEVELOPMENT GRANTS.
[(a) In General.--The Authority may approve grants to States
and public and nonprofit entities for projects, approved in
accordance with section 382I--
[(1) to develop the transportation infrastructure of
the region for the purpose of facilitating economic
development in the region (except that grants for this
purpose may only be made to a State or local
government);
[(2) to assist the region in obtaining the job
training, employment-related education, and business
development (with an emphasis on entrepreneurship) that
are needed to build and maintain strong local
economies;
[(3) to provide assistance to severely distressed and
underdeveloped areas that lack financial resources for
improving basic public services;
[(4) to provide assistance to severely distressed and
underdeveloped areas that lack financial resources for
equipping industrial parks and related facilities; and
[(5) to otherwise achieve the purposes of this
subtitle.
[(b) Funding.--
[(1) In general.--Funds for grants under subsection
(a) may be provided--
[(A) entirely from appropriations to carry
out this section;
[(B) in combination with funds available
under another Federal or Federal grant program;
or
[(C) from any other source.
[(2) Priority of funding.--To best build the
foundations for long-term economic development and to
complement other Federal and State resources in the
region, Federal funds available under this subtitle
shall be focused on the activities in the following
order or priority:
[(A) Basic public infrastructure in
distressed counties and isolated areas of
distress.
[(B) Transportation infrastructure for the
purpose of facilitating economic development in
the region.
[(C) Business development, with emphasis on
entrepreneurship.
[(D) Job training or employment-related
education, with emphasis on use of existing
public educational institutions located in the
region.
[SEC. 382D. SUPPLEMENTS TO FEDERAL GRANT PROGRAMS.
[(a) Finding.--Congress finds that certain States and local
communities of the region, including local development
districts, may be unable to take maximum advantage of Federal
grant programs for which the States and communities are
eligible because--
[(1) the States or communities lack the economic
resources to provide the required matching share; or
[(2) there are insufficient funds available under the
applicable Federal law authorizing the Federal grant
program to meet pressing needs of the region.
[(b) Federal Grant Program Funding.--Notwithstanding any
provision of law limiting the Federal share, the areas eligible
for assistance, or the authorizations of appropriations of any
Federal grant program, and in accordance with subsection (c),
the Authority, with the approval of the Federal cochairperson
and with respect to a project to be carried out in the region--
[(1) may increase the Federal share of the costs of a
project under the Federal grant program to not more
than 90 percent (except as provided in section
382F(b)); and
[(2) shall use amounts made available to carry out
this subtitle to pay the increased Federal share.
[(c) Certifications.--
[(1) In general.--In the case of any project for
which all or any portion of the basic Federal share of
the costs of the project is proposed to be paid under
this section, no Federal contribution shall be made
until the Federal official administering the Federal
law that authorizes the Federal grant program certifies
that the project--
[(A) meets (except as provided in subsection
(b)) the applicable requirements of the
applicable Federal grant program; and
[(B) could be approved for Federal
contribution under the Federal grant program if
funds were available under the law for the
project.
[(2) Certification by authority.--
[(A) In general.--The certifications and
determinations required to be made by the
Authority for approval of projects under this
Act in accordance with section 382I--
[(i) shall be controlling; and
[(ii) shall be accepted by the
Federal agencies.
[(B) Acceptance by federal cochairperson.--In
the case of any project described in paragraph
(1), any finding, report, certification, or
documentation required to be submitted with
respect to the project to the head of the
department, agency, or instrumentality of the
Federal Government responsible for the
administration of the Federal grant program
under which the project is carried out shall be
accepted by the Federal cochairperson.
[SEC. 382E. LOCAL DEVELOPMENT DISTRICTS; CERTIFICATION AND
ADMINISTRATIVE EXPENSES.
[(a) Definition of Local Development District.--In this
section, the term ``local development district'' means an
entity that--
[(1) is--
[(A) a planning district in existence on the
date of enactment of this subtitle that is
recognized by the Economic Development
Administration of the Department of Commerce;
or
[(B) where an entity described in
subparagraph (A) does not exist--
[(i) organized and operated in a
manner that ensures broad-based
community participation and an
effective opportunity for other
nonprofit groups to contribute to the
development and implementation of
programs in the region;
[(ii) governed by a policy board with
at least a simple majority of members
consisting of elected officials or
employees of a general purpose unit of
local government who have been
appointed to represent the government;
[(iii) certified to the Authority as
having a charter or authority that
includes the economic development of
counties or parts of counties or other
political subdivisions within the
region--
[(I) by the Governor of each
State in which the entity is
located; or
[(II) by the State officer
designated by the appropriate
State law to make the
certification; and
[(iv)(I) a nonprofit incorporated body
organized or chartered under the law of the
State in which the entity is located;
[(II) a nonprofit agency or instrumentality
of a State or local government;
[(III) a public organization established
before the date of enactment of this subtitle
under State law for creation of multi-
jurisdictional, area-wide planning
organizations; or
[(IV) a nonprofit association or combination
of bodies, agencies, and instrumentalities
described in subclauses (I) through (III); and
[(2) has not, as certified by the Federal
cochairperson--
[(A) inappropriately used Federal grant funds
from any Federal source; or
[(B) appointed an officer who, during the
period in which another entity inappropriately
used Federal grant funds from any Federal
source, was an officer of the other entity.
[(b) Grants to Local Development Districts.--
[(1) In general.--The Authority shall make grants for
administrative expenses under this section.
[(2) Conditions for grants.--
[(A) Maximum amount.--The amount of any grant
awarded under paragraph (1) shall not exceed 80
percent of the administrative expenses of the
local development district receiving the grant.
[(B) Maximum period.--No grant described in
paragraph (1) shall be awarded to a State
agency certified as a local development
district for a period greater than 3 years.
[(C) Local share.--The contributions of a
local development district for administrative
expenses may be in cash or in kind, fairly
evaluated, including space, equipment, and
services.
[(c) Duties of Local Development Districts.--A local
development district shall--
[(1) operate as a lead organization serving
multicounty areas in the region at the local level; and
[(2) serve as a liaison between State and local
governments, nonprofit organizations (including
community-based groups and educational institutions),
the business community, and citizens that--
[(A) are involved in multijurisdictional
planning;
[(B) provide technical assistance to local
jurisdictions and potential grantees; and
[(C) provide leadership and civic development
assistance.
[SEC. 382F. DISTRESSED COUNTIES AND AREAS AND NONDISTRESSED COUNTIES.
[(a) Designations.--Not later than 90 days after the date of
enactment of this subtitle, and annually thereafter, the
Authority, in accordance with such criteria as the Authority
may establish, shall designate--
[(1) as distressed counties, counties in the region
that are the most severely and persistently distressed
and underdeveloped and have high rates of poverty or
unemployment;
[(2) as nondistressed counties, counties in the
region that are not designated as distressed counties
under paragraph (1); and
[(3) as isolated areas of distress, areas located in
nondistressed counties (as designated under paragraph
(2)) that have high rates of poverty or unemployment.
[(b) Distressed Counties.--
[(1) In general.--The Authority shall allocate at
least 75 percent of the appropriations made available
under section 382M for programs and projects designed
to serve the needs of distressed counties and isolated
areas of distress in the region.
[(2) Funding limitations.--The funding limitations
under section 382D(b) shall not apply to a project
providing transportation or basic public services to
residents of one or more distressed counties or
isolated areas of distress in the region.
[(c) Nondistressed Counties.--
[(1) In general.--Except as provided in this
subsection, no funds shall be provided under this
subtitle for a project located in a county designated
as a nondistressed county under subsection (a)(2).
[(2) Exceptions.--
[(A) In general.--The funding prohibition
under paragraph (1) shall not apply to grants
to fund the administrative expenses of local
development districts under section 382E(b).
[(B) Multicounty projects.--The Authority may
waive the application of the funding
prohibition under paragraph (1) to--
[(i) a multicounty project that
includes participation by a
nondistressed county; or
[(ii) any other type of project;
if the Authority determines that the project
could bring significant benefits to areas of
the region outside a nondistressed county.
[(C) Isolated areas of distress.--For a
designation of an isolated area of distress for
assistance to be effective, the designation
shall be supported--
[(i) by the most recent Federal data
available; or
[(ii) if no recent Federal data are
available, by the most recent data
available through the government of the
State in which the isolated area of
distress is located.
[(d) Transportation and Basic Public Infrastructure.--The
Authority shall allocate at least 50 percent of any funds made
available under section 382M for transportation and basic
public infrastructure projects authorized under paragraphs (1)
and (3) of section 382C(a).
[SEC. 382G. DEVELOPMENT PLANNING PROCESS.
[(a) State Development Plan.--In accordance with policies
established by the Authority, each State member shall submit a
development plan for the area of the region represented by the
State member.
[(b) Content of Plan.--A State development plan submitted
under subsection (a) shall reflect the goals, objectives, and
priorities identified in the regional development plan
developed under section 382B(d)(2).
[(c) Consultation With Interested Local Parties.--In carrying
out the development planning process (including the selection
of programs and projects for assistance), a State may--
[(1) consult with--
[(A) local development districts; and
[(B) local units of government; and
[(2) take into consideration the goals, objectives,
priorities, and recommendations of the entities
described in paragraph (1).
[(d) Public Participation.--
[(1) In general.--The Authority and applicable State
and local development districts shall encourage and
assist, to the maximum extent practicable, public
participation in the development, revision, and
implementation of all plans and programs under this
subtitle.
[(2) Regulations.--The Authority shall develop
guidelines for providing public participation described
in paragraph (1), including public hearings.
[SEC. 382H. PROGRAM DEVELOPMENT CRITERIA.
[(a) In General.--In considering programs and projects to be
provided assistance under this subtitle, and in establishing a
priority ranking of the requests for assistance provided by the
Authority, the Authority shall follow procedures that ensure,
to the maximum extent practicable, consideration of--
[(1) the relationship of the project or class of
projects to overall regional development;
[(2) the per capita income and poverty and
unemployment rates in an area;
[(3) the financial resources available to the
applicants for assistance seeking to carry out the
project, with emphasis on ensuring that projects are
adequately financed to maximize the probability of
successful economic development;
[(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 funds;
[(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 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 and the results of the expenditures may be
evaluated.
[(b) No Relocation Assistance.--No financial assistance
authorized by this subtitle shall be used to assist a person or
entity in relocating from one area to another, except that
financial assistance may be used as otherwise authorized by
this title to attract businesses from outside the region to the
region.
[(c) Reduction of Funds.--Funds may be provided for a program
or project in a State under this subtitle only if the Authority
determines that the level of Federal or State financial
assistance provided under a law other than this subtitle, for
the same type of program or project in the same area of the
State within the region, will not be reduced as a result of
funds made available by this subtitle.
[SEC. 382I. APPROVAL OF DEVELOPMENT PLANS AND PROJECTS.
[(a) In General.--A State or regional development plan or any
multistate subregional plan that is proposed for development
under this subtitle shall be reviewed and approved by the
Authority.
[(b) Evaluation by State Member.--An application for a grant
or any other assistance for a project under this subtitle shall
be made through and evaluated for approval by the State member
of the Authority representing the applicant.
[(c) Certification.--An application for a grant or other
assistance for a project shall be approved only on
certification by the State member that the application for the
project--
[(1) describes ways in which the project complies
with any applicable State development plan;
[(2) meets applicable criteria under section 382H;
[(3) provides adequate assurance that the proposed
project will be properly administered, operated, and
maintained; and
[(4) otherwise meets the requirements of this
subtitle.
[(d) Approval of Grant Applications.--On certification by a
State member of the Authority of an application for a grant or
other assistance for a specific project under this section, an
affirmative vote of the Authority under section 382B(c) shall
be required for approval of the application.
[SEC. 382J. CONSENT OF STATES.
[Nothing in this subtitle requires any State to engage in or
accept any program under this subtitle without the consent of
the State.
[SEC. 382K. RECORDS.
[(a) Records of the Authority.--
[(1) In general.--The Authority shall maintain
accurate and complete records of all transactions and
activities of the Authority.
[(2) Availability.--All records of the Authority
shall be available for audit and examination by the
Comptroller General of the United States and the
Inspector General of the Department of Agriculture
(including authorized representatives of the
Comptroller General and the Inspector General of the
Department of Agriculture).
[(b) Records of Recipients of Federal Assistance.--
[(1) In general.--A recipient of Federal funds under
this subtitle shall, as required by the Authority,
maintain accurate and complete records of transactions
and activities financed with Federal funds and report
on the transactions and activities to the Authority.
[(2) Availability.--All records required under
paragraph (1) shall be available for audit by the
Comptroller General of the United States, the Inspector
General of the Department of Agriculture, and the
Authority (including authorized representatives of the
Comptroller General, the Inspector General of the
Department of Agriculture, and the Authority).
[(c) Annual Audit.--The Inspector General of the Department
of Agriculture shall audit the activities, transactions, and
records of the Authority on an annual basis.
[SEC. 382L. ANNUAL REPORT.
[Not later than 180 days after the end of each fiscal year,
the Authority shall submit to the President and to Congress a
report describing the activities carried out under this
subtitle.
[SEC. 382M. AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.--There is authorized to be appropriated to
the Authority to carry out this subtitle $30,000,000 for each
of fiscal years 2001 through 2007, to remain available until
expended.
[(b) Administrative Expenses.--Not more than 5 percent of the
amount appropriated under subsection (a) for a fiscal year
shall be used for administrative expenses of the Authority.
[SEC. 382N. TERMINATION OF AUTHORITY.
[This subtitle and the authority provided under this subtitle
expire on October 1, 2007.
[Subtitle G--Northern Great Plains Regional Authority
[SEC. 383A. DEFINITIONS.
[In this subtitle:
[(1) Authority.--The term ``Authority'' means the
Northern Great Plains Regional Authority established by
section 383B.
[(2) Federal grant program.--The term ``Federal grant
program'' means a Federal grant program to provide
assistance in--
[(A) implementing the recommendations of the
Northern Great Plains Rural Development
Commission established by the Northern Great
Plains Rural Development Act (7 U.S.C. 2661
note; Public Law 103-318);
[(B) acquiring or developing land;
[(C) constructing or equipping a highway,
road, bridge, or facility;
[(D) carrying out other economic development
activities; or
[(E) conducting research activities related
to the activities described in subparagraphs
(A) through (D).
[(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b).
[(4) Region.--The term ``region'' means the States of
Iowa, Minnesota, Nebraska, North Dakota, and South
Dakota.
[SEC. 383B. NORTHERN GREAT PLAINS REGIONAL AUTHORITY.
[(a) Establishment.--
[(1) In general.--There is established the Northern
Great Plains Regional Authority.
[(2) Composition.--The Authority shall be composed
of--
[(A) a Federal member, to be appointed by the
President, by and with the advice and consent
of the Senate;
[(B) the Governor (or a designee of the
Governor) of each State in the region that
elects to participate in the Authority; and
[(C) a member of an Indian tribe, who shall
be a chairperson of an Indian tribe in the
region or a designee of such a chairperson, to
be appointed by the President, by and with the
advice and consent of the Senate.
[(3) Cochairpersons.--The Authority shall be headed
by--
[(A) the Federal member, who shall serve--
[(i) as the Federal cochairperson;
and
[(ii) as a liaison between the
Federal Government and the Authority;
[(B) a State cochairperson, who--
[(i) shall be a Governor of a
participating State in the region; and
[(ii) shall be elected by the State
members for a term of not less than 1
year; and
[(C) the member of an Indian tribe, who shall
serve--
[(i) as the tribal cochairperson; and
[(ii) as a liaison between the
governments of Indian tribes in the
region and the Authority.
[(b) Alternate Members.--
[(1) Alternate federal cochairperson.--The President
shall appoint an alternate Federal cochairperson.
[(2) State alternates.--
[(A) In general.--The State member of a
participating State may have a single
alternate, who shall be--
[(i) a resident of that State; and
[(ii) appointed by the Governor of
the State.
[(B) Quorum.--A State alternate member shall
not be counted toward the establishment of a
quorum of the members of the Authority in any
case in which a quorum of the State members is
required to be present.
[(3) Alternate tribal cochairperson.--The President
shall appoint an alternate tribal cochairperson, by and
with the advice and consent of the Senate.
[(4) Delegation of power.--No power or responsibility
of the Authority specified in paragraphs (2) and (3) of
subsection (c), and no voting right of any member of
the Authority, shall be delegated to any person who is
not--
[(A) a member of the Authority; or
[(B) entitled to vote in Authority meetings.
[(c) Voting.--
[(1) In general.--A decision by the Authority shall
require a majority vote of the Authority (not including
any member representing a State that is delinquent
under subsection (g)(2)(D)) to be effective.
[(2) Quorum.--A quorum of State members shall be
required to be present for the Authority to make any
policy decision, including--
[(A) a modification or revision of an
Authority policy decision;
[(B) approval of a State or regional
development plan; and
[(C) any allocation of funds among the
States.
[(3) Project and grant proposals.--The approval of
project and grant proposals shall be--
[(A) a responsibility of the Authority; and
[(B) conducted in accordance with section
383I.
[(4) Voting by alternate members.--An alternate
member shall vote in the case of the absence, death,
disability, removal, or resignation of the Federal,
State, or Indian tribe member for whom the alternate
member is an alternate.
[(d) Duties.--The Authority shall--
[(1) develop, on a continuing basis, comprehensive
and coordinated plans and programs to establish
priorities and approve grants for the economic
development of the region, giving due consideration to
other Federal, State, tribal, and local planning and
development activities in the region;
[(2) not later than 220 days after the date of
enactment of this subtitle, establish priorities in a
development plan for the region (including 5-year
regional outcome targets);
[(3) assess the needs and assets of the region based
on available research, demonstrations, investigations,
assessments, and evaluations of the region prepared by
Federal, State, tribal, and local agencies,
universities, local development districts, and other
nonprofit groups;
[(4) formulate and recommend to the Governors and
legislatures of States that participate in the
Authority forms of interstate cooperation;
[(5) work with State, tribal, and local agencies in
developing appropriate model legislation;
[(6)(A) enhance the capacity of, and provide support
for, local development districts in the region; or
[(B) if no local development district exists in an
area in a participating State in the region, foster the
creation of a local development district;
[(7) encourage private investment in industrial,
commercial, and other economic development projects in
the region; and
[(8) cooperate with and assist State governments with
economic development programs of participating States.
[(e) Administration.--In carrying out subsection (d), the
Authority may--
[(1) hold such hearings, sit and act at such times
and places, take such testimony, receive such evidence,
and print or otherwise reproduce and distribute a
description of the proceedings and reports on actions
by the Authority as the Authority considers
appropriate;
[(2) authorize, through the Federal, State, or tribal
cochairperson or any other member of the Authority
designated by the Authority, the administration of
oaths if the Authority determines that testimony should
be taken or evidence received under oath;
[(3) request from any Federal, State, tribal, or
local agency such information as may be available to or
procurable by the agency that may be of use to the
Authority in carrying out the duties of the Authority;
[(4) adopt, amend, and repeal bylaws and rules
governing the conduct of business and the performance
of duties of the Authority;
[(5) request the head of any Federal agency to detail
to the Authority such personnel as the Authority
requires to carry out duties of the Authority, each
such detail to be without loss of seniority, pay, or
other employee status;
[(6) request the head of any State agency, tribal
government, or local government to detail to the
Authority such personnel as the Authority requires to
carry out duties of the Authority, each such detail to
be without loss of seniority, pay, or other employee
status;
[(7) provide for coverage of Authority employees in a
suitable retirement and employee benefit system by--
[(A) making arrangements or entering into
contracts with any participating State
government or tribal government; or
[(B) otherwise providing retirement and other
employee benefit coverage;
[(8) accept, use, and dispose of gifts or donations
of services or real, personal, tangible, or intangible
property;
[(9) enter into and perform such contracts, leases,
cooperative agreements, or other transactions as are
necessary to carry out Authority duties, including any
contracts, leases, or cooperative agreements with--
[(A) any department, agency, or
instrumentality of the United States;
[(B) any State (including a political
subdivision, agency, or instrumentality of the
State);
[(C) any Indian tribe in the region; or
[(D) any person, firm, association, or
corporation; and
[(10) establish and maintain a central office and
field offices at such locations as the Authority may
select.
[(f) Federal Agency Cooperation.--A Federal agency shall--
[(1) cooperate with the Authority; and
[(2) provide, on request of the Federal
cochairperson, appropriate assistance in carrying out
this subtitle, in accordance with applicable Federal
laws (including regulations).
[(g) Administrative Expenses.--
[(1) Federal share.--The Federal share of the
administrative expenses of the Authority shall be--
[(A) for fiscal year 2002, 100 percent;
[(B) for fiscal year 2003, 75 percent; and
[(C) for fiscal year 2004 and each fiscal
year thereafter, 50 percent.
[(2) Non-federal share.--
[(A) In general.--The non-Federal share of
the administrative expenses of the Authority
shall be paid by non-Federal sources in the
States that participate in the Authority.
[(B) Share paid by each state.--The share of
administrative expenses of the Authority to be
paid by non-Federal sources in each State shall
be determined by the Authority.
[(C) No federal participation.--The Federal
cochairperson shall not participate or vote in
any decision under subparagraph (B).
[(D) Delinquent states.--If a State is
delinquent in payment of the State's share of
administrative expenses of the Authority under
this subsection--
[(i) no assistance under this
subtitle shall be provided to the State
(including assistance to a political
subdivision or a resident of the
State); and
[(ii) no member of the Authority from
the State shall participate or vote in
any action by the Authority.
[(h) Compensation.--
[(1) Federal and tribal cochairpersons.--The Federal
cochairperson and the tribal cochairperson shall be
compensated by the Federal Government at the annual
rate of basic pay prescribed for level III of the
Executive Schedule in subchapter II of chapter 53 of
title 5, United States Code.
[(2) Alternate federal and tribal cochairpersons.--
The alternate Federal cochairperson and the alternate
tribal cochairperson--
[(A) shall be compensated by the Federal
Government at the annual rate of basic pay
prescribed for level V of the Executive
Schedule described in paragraph (1); and
[(B) when not actively serving as an
alternate, shall perform such functions and
duties as are delegated by the Federal
cochairperson or the tribal cochairperson,
respectively.
[(3) State members and alternates.--
[(A) In general.--A State shall compensate
each member and alternate representing the
State on the Authority at the rate established
by State law.
[(B) No additional compensation.--No State
member or alternate member shall receive any
salary, or any contribution to or
supplementation of salary from any source other
than the State for services provided by the
member or alternate member to the Authority.
[(4) Detailed employees.--
[(A) In general.--No person detailed to serve
the Authority under subsection (e)(6) shall
receive any salary or any contribution to or
supplementation of salary for services provided
to the Authority from--
[(i) any source other than the State,
tribal, local, or intergovernmental
agency from which the person was
detailed; or
[(ii) the Authority.
[(B) Violation.--Any person that violates
this paragraph shall be fined not more than
$5,000, imprisoned not more than 1 year, or
both.
[(C) Applicable law.--The Federal
cochairperson, the alternate Federal
cochairperson, and any Federal officer or
employee detailed to duty on the Authority
under subsection (e)(5) shall not be subject to
subparagraph (A), but shall remain subject to
sections 202 through 209 of title 18, United
States Code.
[(5) Additional personnel.--
[(A) Compensation.--
[(i) In general.--The Authority may
appoint and fix the compensation of an
executive director and such other
personnel as are necessary to enable
the Authority to carry out the duties
of the Authority.
[(ii) Exception.--Compensation under
clause (i) shall not exceed the maximum
rate for the Senior Executive Service
under section 5382 of title 5, United
States Code, including any applicable
locality-based comparability payment
that may be authorized under section
5304(h)(2)(C) of that title.
[(B) Executive director.--The executive
director shall be responsible for--
[(i) the carrying out of the
administrative duties of the Authority;
[(ii) direction of the Authority
staff; and
[(iii) such other duties as the
Authority may assign.
[(C) No federal employee status.--No member,
alternate, officer, or employee of the
Authority (except the Federal cochairperson of
the Authority, the alternate and staff for the
Federal cochairperson, and any Federal employee
detailed to the Authority under subsection
(e)(5)) shall be considered to be a Federal
employee for any purpose.
[(i) Conflicts of Interest.--
[(1) In general.--Except as provided under paragraph
(2), no State member, Indian tribe member, State
alternate, officer, or employee of the Authority shall
participate personally and substantially as a member,
alternate, officer, or employee of the Authority,
through decision, approval, disapproval,
recommendation, the rendering of advice, investigation,
or otherwise, in any proceeding, application, request
for a ruling or other determination, contract, claim,
controversy, or other matter in which, to knowledge of
the member, alternate, officer, or employee--
[(A) the member, alternate, officer, or
employee;
[(B) the spouse, minor child, partner, or
organization (other than a State or political
subdivision of the State or the Indian tribe)
of the member, alternate, officer, or employee,
in which the member, alternate, officer, or
employee is serving as officer, director,
trustee, partner, or employee; or
[(C) any person or organization with whom the
member, alternate, officer, or employee is
negotiating or has any arrangement concerning
prospective employment;
has a financial interest.
[(2) Disclosure.--Paragraph (1) shall not apply if
the State member, Indian tribe member, alternate,
officer, or employee--
[(A) immediately advises the Authority of the
nature and circumstances of the proceeding,
application, request for a ruling or other
determination, contract, claim, controversy, or
other particular matter presenting a potential
conflict of interest;
[(B) makes full disclosure of the financial
interest; and
[(C) before the proceeding concerning the
matter presenting the conflict of interest,
receives a written determination by the
Authority that the interest is not so
substantial as to be likely to affect the
integrity of the services that the Authority
may expect from the State member, Indian tribe
member, alternate, officer, or employee.
[(3) Violation.--Any person that violates this
subsection shall be fined not more than $10,000,
imprisoned not more than 2 years, or both.
[(j) Validity of Contracts, Loans, and Grants.--The Authority
may declare void any contract, loan, or grant of or by the
Authority in relation to which the Authority determines that
there has been a violation of any provision under subsection
(h)(4) or subsection (i) of this subtitle, or sections 202
through 209 of title 18, United States Code.
[SEC. 383C. ECONOMIC AND COMMUNITY DEVELOPMENT GRANTS.
[(a) In General.--The Authority may approve grants to States,
Indian tribes, local governments, and public and nonprofit
organizations for projects, approved in accordance with section
383I--
[(1) to develop the transportation and
telecommunication infrastructure of the region for the
purpose of facilitating economic development in the
region (except that grants for this purpose may be made
only to States, Indian tribes, local governments, and
nonprofit organizations);
[(2) to assist the region in obtaining the job
training, employment-related education, and business
development (with an emphasis on entrepreneurship) that
are needed to build and maintain strong local
economies;
[(3) to provide assistance to severely distressed and
underdeveloped areas that lack financial resources for
improving basic public services;
[(4) to provide assistance to severely distressed and
underdeveloped areas that lack financial resources for
equipping industrial parks and related facilities; and
[(5) to otherwise achieve the purposes of this
subtitle.
[(b) Funding.--
[(1) In general.--Funds for grants under subsection
(a) may be provided--
[(A) entirely from appropriations to carry
out this section;
[(B) in combination with funds available
under another Federal grant program; or
[(C) from any other source.
[(2) Priority of funding.--To best build the
foundations for long-term economic development and to
complement other Federal, State, and tribal resources
in the region, Federal funds available under this
subtitle shall be focused on the activities in the
following order or priority:
[(A) Basic public infrastructure in
distressed counties and isolated areas of
distress.
[(B) Transportation and telecommunication
infrastructure for the purpose of facilitating
economic development in the region.
[(C) Business development, with emphasis on
entrepreneurship.
[(D) Job training or employment-related
education, with emphasis on use of existing
public educational institutions located in the
region.
[SEC. 383D. SUPPLEMENTS TO FEDERAL GRANT PROGRAMS.
[(a) Finding.--Congress finds that certain States and local
communities of the region, including local development
districts, may be unable to take maximum advantage of Federal
grant programs for which the States and communities are
eligible because--
[(1) they lack the economic resources to provide the
required matching share; or
[(2) there are insufficient funds available under the
applicable Federal law authorizing the Federal grant
program to meet pressing needs of the region.
[(b) Federal Grant Program Funding.--Notwithstanding any
provision of law limiting the Federal share, the areas eligible
for assistance, or the authorizations of appropriations, under
any Federal grant program, and in accordance with subsection
(c), the Authority, with the approval of the Federal
cochairperson and with respect to a project to be carried out
in the region--
[(1) may increase the Federal share of the costs of a
project under any Federal grant program to not more
than 90 percent (except as provided in section
383F(b)); and
[(2) shall use amounts made available to carry out
this subtitle to pay the increased Federal share.
[(c) Certifications.--
[(1) In general.--In the case of any project for
which all or any portion of the basic Federal share of
the costs of the project is proposed to be paid under
this section, no Federal contribution shall be made
until the Federal official administering the Federal
law that authorizes the Federal grant program certifies
that the project--
[(A) meets (except as provided in subsection
(b)) the applicable requirements of the
applicable Federal grant program; and
[(B) could be approved for Federal
contribution under the Federal grant program if
funds were available under the law for the
project.
[(2) Certification by authority.--
[(A) In general.--The certifications and
determinations required to be made by the
Authority for approval of projects under this
Act in accordance with section 383I--
[(i) shall be controlling; and
[(ii) shall be accepted by the
Federal agencies.
[(B) Acceptance by federal cochairperson.--In
the case of any project described in paragraph
(1), any finding, report, certification, or
documentation required to be submitted with
respect to the project to the head of the
department, agency, or instrumentality of the
Federal Government responsible for the
administration of the Federal grant program
under which the project is carried out shall be
accepted by the Federal cochairperson.
[SEC. 383E. LOCAL DEVELOPMENT DISTRICTS AND ORGANIZATIONS AND NORTHERN
GREAT PLAINS INC.
[(a) Definition of Local Development District.--In this
section, the term ``local development district'' means an
entity--
[(1) that--
[(A) is a planning district in existence on
the date of enactment of this subtitle that is
recognized by the Economic Development
Administration of the Department of Commerce;
or
[(B) is--
[(i) organized and operated in a
manner that ensures broad-based
community participation and an
effective opportunity for other
nonprofit groups to contribute to the
development and implementation of
programs in the region;
[(ii) governed by a policy board with
at least a simple majority of members
consisting of--
[(I) elected officials or
employees of a general purpose
unit of local government who
have been appointed to
represent the government; or
[(II) individuals appointed
by the general purpose unit of
local government to represent
the government;
[(iii) certified to the Authority as
having a charter or authority that
includes the economic development of
counties or parts of counties or other
political subdivisions within the
region--
[(I) by the Governor of each
State in which the entity is
located; or
[(II) by the State officer
designated by the appropriate
State law to make the
certification; and
[(iv)(I) a nonprofit incorporated
body organized or chartered under the
law of the State in which the entity is
located;
[(II) a nonprofit agency or
instrumentality of a State or local
government;
[(III) a public organization
established before the date of
enactment of this subtitle under State
law for creation of multi-
jurisdictional, area-wide planning
organizations; or
[(IV) a nonprofit association or
combination of bodies, agencies, and
instrumentalities described in
subclauses (I) through (III); and
[(2) that has not, as certified by the Federal
cochairperson--
[(A) inappropriately used Federal grant funds
from any Federal source; or
[(B) appointed an officer who, during the
period in which another entity inappropriately
used Federal grant funds from any Federal
source, was an officer of the other entity.
[(b) Grants to Local Development Districts.--
[(1) In general.--The Authority may make grants for
administrative expenses under this section.
[(2) Conditions for grants.--
[(A) Maximum amount.--The amount of any grant
awarded under paragraph (1) shall not exceed 80
percent of the administrative expenses of the
local development district receiving the grant.
[(B) Maximum period.--No grant described in
paragraph (1) shall be awarded to a State
agency certified as a local development
district for a period greater than 3 years.
[(C) Local share.--The contributions of a
local development district for administrative
expenses may be in cash or in kind, fairly
evaluated, including space, equipment, and
services.
[(c) Duties of Local Development Districts.--A local
development district shall--
[(1) operate as a lead organization serving
multicounty areas in the region at the local level; and
[(2) serve as a liaison between State, tribal, and
local governments, nonprofit organizations (including
community-based groups and educational institutions),
the business community, and citizens that--
[(A) are involved in multijurisdictional
planning;
[(B) provide technical assistance to local
jurisdictions and potential grantees; and
[(C) provide leadership and civic development
assistance.
[(d) Northern Great Plains Inc.--Northern Great Plains Inc.,
a nonprofit corporation incorporated in the State of Minnesota
to implement the recommendations of the Northern Great Plains
Rural Development Commission established by the Northern Great
Plains Rural Development Act (7 U.S.C. 2661 note; Public Law
103-318)--
[(1) shall serve as an independent, primary resource
for the Authority on issues of concern to the region;
[(2) shall advise the Authority on development of
international trade;
[(3) may provide research, education, training, and
other support to the Authority; and
[(4) may carry out other activities on its own behalf
or on behalf of other entities.
[SEC. 383F. DISTRESSED COUNTIES AND AREAS AND NONDISTRESSED COUNTIES.
[(a) Designations.--Not later than 90 days after the date of
enactment of this subtitle, and annually thereafter, the
Authority, in accordance with such criteria as the Authority
may establish, shall designate--
[(1) as distressed counties, counties in the region
that are the most severely and persistently distressed
and underdeveloped and have high rates of poverty,
unemployment, or outmigration;
[(2) as nondistressed counties, counties in the
region that are not designated as distressed counties
under paragraph (1); and
[(3) as isolated areas of distress, areas located in
nondistressed counties (as designated under paragraph
(2)) that have high rates of poverty, unemployment, or
outmigration.
[(b) Distressed Counties.--
[(1) In general.--The Authority shall allocate at
least 75 percent of the appropriations made available
under section 383M for programs and projects designed
to serve the needs of distressed counties and isolated
areas of distress in the region.
[(2) Funding limitations.--The funding limitations
under section 383D(b) shall not apply to a project to
provide transportation or telecommunication or basic
public services to residents of 1 or more distressed
counties or isolated areas of distress in the region.
[(c) Nondistressed Counties.--
[(1) In general.--Except as provided in paragraph
(2), no funds shall be provided under this subtitle for
a project located in a county designated as a
nondistressed county under subsection (a)(2).
[(2) Exceptions.--
[(A) In general.--The funding prohibition
under paragraph (1) shall not apply to grants
to fund the administrative expenses of local
development districts under section 383E(b).
[(B) Multicounty projects.--The Authority may
waive the application of the funding
prohibition under paragraph (1) to--
[(i) a multicounty project that
includes participation by a
nondistressed county; or
[(ii) any other type of project;
if the Authority determines that the project
could bring significant benefits to areas of
the region outside a nondistressed county.
[(C) Isolated areas of distress.--For a
designation of an isolated area of distress for
assistance to be effective, the designation
shall be supported--
[(i) by the most recent Federal data
available; or
[(ii) if no recent Federal data are
available, by the most recent data
available through the government of the
State in which the isolated area of
distress is located.
[(d) Transportation, Telecommunication, and Basic Public
Infrastructure.--The Authority shall allocate at least 50
percent of any funds made available under section 383M for
transportation, telecommunication, and basic public
infrastructure projects authorized under paragraphs (1) and (3)
of section 383C(a).
[SEC. 383G. DEVELOPMENT PLANNING PROCESS.
[(a) State Development Plan.--In accordance with policies
established by the Authority, each State member shall submit a
development plan for the area of the region represented by the
State member.
[(b) Content of Plan.--A State development plan submitted
under subsection (a) shall reflect the goals, objectives, and
priorities identified in the regional development plan
developed under section 383B(d)(2).
[(c) Consultation With Interested Local Parties.--In carrying
out the development planning process (including the selection
of programs and projects for assistance), a State may--
[(1) consult with--
[(A) local development districts; and
[(B) local units of government; and
[(2) take into consideration the goals, objectives,
priorities, and recommendations of the entities
described in paragraph (1).
[(d) Public Participation.--
[(1) In general.--The Authority and applicable State
and local development districts shall encourage and
assist, to the maximum extent practicable, public
participation in the development, revision, and
implementation of all plans and programs under this
subtitle.
[(2) Regulations.--The Authority shall develop
guidelines for providing public participation described
in paragraph (1), including public hearings.
[SEC. 383H. PROGRAM DEVELOPMENT CRITERIA.
[(a) In General.--In considering programs and projects to be
provided assistance under this subtitle, and in establishing a
priority ranking of the requests for assistance provided to the
Authority, the Authority shall follow procedures that ensure,
to the maximum extent practicable, consideration of--
[(1) the relationship of the project or class of
projects to overall regional development;
[(2) the per capita income and poverty and
unemployment and outmigration rates in an area;
[(3) the financial resources available to the
applicants for assistance seeking to carry out the
project, with emphasis on ensuring that projects are
adequately financed to maximize the probability of
successful economic development;
[(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 funds;
[(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 development of the area to be served by the
project; and
[(6) the extent to which the project design provides
for detailed outcome measurements by which grant
expenditures and the results of the expenditures may be
evaluated.
[(b) No Relocation Assistance.--No financial assistance
authorized by this subtitle shall be used to assist a person or
entity in relocating from one area to another, except that
financial assistance may be used as otherwise authorized by
this title to attract businesses from outside the region to the
region.
[(c) Maintenance of Effort.--Funds may be provided for a
program or project in a State under this subtitle only if the
Authority determines that the level of Federal or State
financial assistance provided under a law other than this
subtitle, for the same type of program or project in the same
area of the State within the region, will not be reduced as a
result of funds made available by this subtitle.
[SEC. 383I. APPROVAL OF DEVELOPMENT PLANS AND PROJECTS.
[(a) In General.--A State or regional development plan or any
multistate subregional plan that is proposed for development
under this subtitle shall be reviewed by the Authority.
[(b) Evaluation by State Member.--An application for a grant
or any other assistance for a project under this subtitle shall
be made through and evaluated for approval by the State member
of the Authority representing the applicant.
[(c) Certification.--An application for a grant or other
assistance for a project shall be approved only on
certification by the State member that the application for the
project--
[(1) describes ways in which the project complies
with any applicable State development plan;
[(2) meets applicable criteria under section 383H;
[(3) provides adequate assurance that the proposed
project will be properly administered, operated, and
maintained; and
[(4) otherwise meets the requirements of this
subtitle.
[(d) Votes for Decisions.--On certification by a State member
of the Authority of an application for a grant or other
assistance for a specific project under this section, an
affirmative vote of the Authority under section 383B(c) shall
be required for approval of the application.
[SEC. 383J. CONSENT OF STATES.
[Nothing in this subtitle requires any State to engage in or
accept any program under this subtitle without the consent of
the State.
[SEC. 383K. RECORDS.
[(a) Records of the Authority.--
[(1) In general.--The Authority shall maintain
accurate and complete records of all transactions and
activities of the Authority.
[(2) Availability.--All records of the Authority
shall be available for audit and examination by the
Comptroller General of the United States and the
Inspector General of the Department of Agriculture
(including authorized representatives of the
Comptroller General and the Inspector General of the
Department of Agriculture).
[(b) Records of Recipients of Federal Assistance.--
[(1) In general.--A recipient of Federal funds under
this subtitle shall, as required by the Authority,
maintain accurate and complete records of transactions
and activities financed with Federal funds and report
to the Authority on the transactions and activities to
the Authority.
[(2) Availability.--All records required under
paragraph (1) shall be available for audit by the
Comptroller General of the United States, the Inspector
General of the Department of Agriculture, and the
Authority (including authorized representatives of the
Comptroller General, the Inspector General of the
Department of Agriculture, and the Authority).
[(c) Annual Audit.--The Inspector General of the Department
of Agriculture shall audit the activities, transactions, and
records of the Authority on an annual basis.
[SEC. 383L. ANNUAL REPORT.
[Not later than 180 days after the end of each fiscal year,
the Authority shall submit to the President and to Congress a
report describing the activities carried out under this
subtitle.
[SEC. 383M. AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.--There is authorized to be appropriated to
the Authority to carry out this subtitle $30,000,000 for each
of fiscal years 2002 through 2007, to remain available until
expended.
[(b) Administrative Expenses.--Not more than 5 percent of the
amount appropriated under subsection (a) for a fiscal year
shall be used for administrative expenses of the Authority.
[(c) Minimum State Share of Grants.--Notwithstanding any
other provision of this subtitle, for any fiscal year, the
aggregate amount of grants received by a State and all persons
or entities in the State under this subtitle shall be not less
than \1/3\ of the product obtained by multiplying--
[(1) the aggregate amount of grants under this
subtitle for the fiscal year; and
[(2) the ratio that--
[(A) the population of the State (as
determined by the Secretary of Commerce based
on the most recent decennial census for which
data are available); bears to
[(B) the population of the region (as so
determined).
[SEC. 383N. TERMINATION OF AUTHORITY.
[The authority provided by this subtitle terminates effective
October 1, 2007.]
* * * * * * *
----------
SECTION 11 OF THE INSPECTOR GENERAL ACT OF 1978
DEFINITIONS
Sec. 11. As used in this Act--
(1) the term ``head of the establishment'' means the
Secretary of Agriculture, Commerce, Defense, Education,
Energy, Health and Human Services, Housing and Urban
Development, the Interior, Labor, State,
Transportation, Homeland Security, or the Treasury; the
Attorney General; the Administrator of the Agency for
International Development, Environmental Protection,
General Services, National Aeronautics and Space, or
Small Business, or Veterans' Affairs; the Director of
the Federal Emergency Management Agency, or the Office
of Personnel Management; the Chairman of the Nuclear
Regulatory Commission or the Railroad Retirement Board;
the Chairperson of the Thrift Depositor Protection
Oversight Board; the Chief Executive Officer of the
Corporation for National and Community Service; the
Administrator of the Community Development Financial
Institutions Fund; the chief executive officer of the
Resolution Trust Corporation; the Chairperson of the
Federal Deposit Insurance Corporation; the Commissioner
of Social Security, Social Security Administration; the
Board of Directors of the Tennessee Valley Authority;
[or the President of the Export-Import Bank;] the
President of the Export-Import Bank; or the Federal
Cochairpersons of the Commissions established under
section 15301 of title 40, United States Code; as the
case may be;
(2) the term ``establishment'' means the Department
of Agriculture, Commerce, Defense, Education, Energy,
Health and Human Services, Housing and Urban
Development, the Interior, Justice, Labor, State,
Transportation, Homeland Security, or the Treasury; the
Agency for International Development, the Community
Development Financial Institutions Fund, the
Environmental Protection Agency, the Federal Emergency
Management Agency, the General Services Administration,
the National Aeronautics and Space Administration, the
Nuclear Regulatory Commission, the Office of Personnel
Management, the Railroad Retirement Board, the
Resolution Trust Corporation, the Federal Deposit
Insurance Corporation, the Small Business
Administration, the Corporation for National and
Community Service, or the Veterans' Administration, the
Social Security Administration, the Tennessee Valley
Authority, [or the Export-Import Bank,] the Export-
Import Bank, or the Commissions established under
section 15301 of title 40, United States Code, as the
case may be;
* * * * * * *
<all>