| S 1681 IS
107th CONGRESS
1st Session
S. 1681
To establish the
Northern Great Plains Rural Development Authority.
IN THE SENATE OF THE UNITED
STATES
November 13, 2001
Mr. JOHNSON (for himself, Mr.
WELLSTONE, Mr. HARKIN, Mr. DASHLE, and Mr. DORGAN) introduced the following
bill; which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
A BILL
To establish the
Northern Great Plains Rural Development Authority.
Be it enacted by the
Senate and House of Representatives of the United States of America in
Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as
the `Northern Great Plains Rural Development Authority Act'.
SEC. 2. FINDINGS.
(1) the rural economy of
the Northern Great Plains region is undergoing a substantial and potentially
threatening transformation;
(2) the Northern Great Plains
region suffers from substantial measurable poverty, unemployment, outmigration,
underemployment, aging of the population, and low per capita income;
(3) the Northern Great Plains
region is highly rural, has a highly dispersed population, and contains
reservations of many Indian tribes;
(4) many of the basic industries
of the rural Northern Great Plains region relating to natural resources
are under stress;
(5) a concerted Federal,
State, and local public and private effort is needed if the rural Northern
Great Plains region is to share in the general prosperity of the United
States;
(6) the creation of jobs
and expansion of businesses, including small businesses, offer the greatest
hope for rural economic growth and revitalization in the Northern Great
Plains region;
(7) the availability of
capital, technology, market information, infrastructure development, educational
opportunities, health care, housing, recreational activities, and resource
development are essential to successful business development in the rural
Northern Great Plains region;
(8) the transportation needs
of the rural Northern Great Plains region must be addressed through highway
and bridge construction, air service availability, and rail service and
river transport development;
(9) because of the social,
geographic, weather, historical, and cultural aspects and economic problems
of the rural Northern Great Plains region, planning for this unique region
is desirable and urgently needed;
(10) in the rural Northern
Great Plains region, the tourism industry offers significant additional
potential for supporting economic development and job growth, fostered
by the wise stewardship of natural resources; and
(11) the Northern Great
Plains Rural Development Commission authorized by Congress provided--
(A) valuable services, including
the identification of critical regional needs; and
(B) substantial recommendations
relating to the long term economic viability of the Northern Great Plains
region.
SEC. 3. NORTHERN GREAT PLAINS
REGIONAL AUTHORITY.
The Consolidated Farm and
Rural Development Act is amended by adding at the end the following:
`Subtitle G--Northern Great
Plains Regional Authority
`SEC. 383A. DEFINITIONS.
`(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) acquiring or developing
land;
`(B) constructing or equipping
a highway, road, bridge, or facility; or
`(C) carrying out other
economic development activities.
`(3) REGION- The term `region'
means the States of Iowa, Minnesota, Nebraska, North Dakota, and South
Dakota.
`SEC. 383B. NORTHERN GREAT PLAINS
REGIONAL AUTHORITY.
`(1) IN GENERAL- There is
established the Northern Great Plains Region 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.
`(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.
`(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)(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 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 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 and rules 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.
`(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.
`(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.
`(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
`(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-
`(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. 383C. ECONOMIC AND COMMUNITY
DEVELOPMENT GRANTS.
`(a) IN GENERAL- The Authority
may approve grants to States, 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 only be made to States, 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.
`(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 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.
`(3) FEDERAL SHARE IN GRANT
PROGRAMS- Notwithstanding any provision of law limiting the Federal share
in any grant program, funds appropriated to carry out this section may
be used to increase a Federal share in a grant program, as the Authority
determines appropriate.
`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 meet the required matching share; or
`(2) there are insufficient
funds available under the applicable Federal grant law authorizing the
program to meet pressing needs of the region.
`(b) FEDERAL GRANT PROGRAM
FUNDING- In accordance with subsection (c), the Federal cochairperson may
use amounts made available to carry out this subtitle, without regard to
any limitations on areas eligible for assistance or authorizations for
appropriation under any other Act, to fund all or any portion of the basic
Federal contribution to 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 not to
exceed 90 percent of the costs of the project (except as provided in section
383F(b)).
`(1) IN GENERAL- In the
case of any program or project for which all or any portion of the basic
Federal contribution to the project under a Federal grant program is proposed
to be made under this section, no Federal contribution shall be made until
the Federal official administering the Federal law authorizing the contribution
certifies that the program or project--
`(A) meets the applicable
requirements of the applicable Federal grant law; and
`(B) could be approved for
Federal contribution under the law if funds were available under the law
for the program or 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 subtitle in accordance with section 383I--
`(i) shall be controlling;
and
`(ii) shall be accepted
by the Federal agencies.
`(B) ACCEPTANCE BY FEDERAL
COCHAIRPERSON- Any finding, report, certification, or documentation required
to be submitted to the head of the department, agency, or instrumentality
of the Federal Government responsible for the administration of any Federal
grant program shall be accepted by the Federal cochairperson with respect
to a supplemental grant for any project under the program.
`SEC. 383E. 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--
`(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
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 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. 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
providing 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 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).
`(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--
`(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
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 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 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. 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 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 2006, 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
`(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.
`This subtitle and the authority
provided under this subtitle expire on October 1, 2006.'.
END
|