S. 2099

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To establish the Northern Great Plains Rural Development Commission, and for

other purposes.

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 Act’’.

SEC. 2. FINDINGS.

Congress finds that—

(1) the rural economy of the Northern Great Plains is

undergoing a substantial and potentially threatening transformation;

(2) the rural Northern Great Plains suffers from substantial

measurable poverty, unemployment, outmigration, underemployment, aging of the population, and low per capita income; (3) the Northern Great Plains is highly rural and has

a highly dispersed population, and contains many Native American reservations;

(4) many of the basic industries of the rural Northern

Great Plains in natural resources are under stress;

(5) a concerted Federal, State, and local public and private

effort is needed if the rural Northern Great Plains is to share

in the general prosperity of the United States; (6) the creation of jobs and expansion of existing businesses,

including small businesses, offer the greatest hope for rural

economic growth and revitalization in the Northern Great

Plains;

(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;

(8) the transportation needs of the rural Northern Great

Plains 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 ties of the rural Northern Great Plains as well

as common economic problems, planning for this unique region

is desirable and urgently needed; and

(10) in the rural Northern Great Plains, the tourism industry offers significant additional potential for supporting eco-
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nomic development and job growth, fostered by the wise

stewardship of natural resources.

SEC. 3. PURPOSE.

The purpose of this Act is to establish the Northern Great

Plains Rural Development Commission to study and make recommendations regarding the economic needs and economic development of the rural Northern Great Plains by seeking and encouraging

the participation of interested citizens, public officials, groups, agencies, businesses, and other entities in developing a 10-year rural

economic development plan for the Northern Great Plains.

SEC. 4. DEFINITIONS.

As used in this Act:

(1) CHAIRPERSON.—The term ‘‘chairperson’’ means the

chairperson of the Commission.

(2) COMMISSION.—The term ‘‘Commission’’ means the

Northern Great Plains Rural Development Commission.

(3) NORTHERN GREAT PLAINS.—The term ‘‘Northern Great

Plains’’ means the States of North Dakota, South Dakota,

Nebraska, Iowa, and Minnesota.

(4) STATE.—The term ‘‘State’’ means a State in the Northern Great Plains.

SEC. 5. ESTABLISHMENT.

There is established a Commission to be known as the ‘‘Northern Great Plains Rural Development Commission’’.

SEC. 6. MEMBERSHIP AND ORGANIZATION.

(a) MEMBERSHIP.—The Commission shall be composed of 10

members, of whom—

(1) 1 member shall be appointed by the Governor of each

State; and

(2) 1 member shall be appointed from each of the States

by the Secretary of Agriculture.

(b) TERM.—Each member of the Commission shall serve for

such term as the official who appoints the member determines

is appropriate.

(c) QUORUM.—Five members of the Commission shall constitute

a quorum, but the Commission may establish that a lesser number

shall constitute a quorum for the purpose of conducting hearings.

(d) MEETINGS.—

(1) FIRST MEETINGS.—Five or more members appointed

under subsection (a)(1) shall determine the date, time, and

place of the first meeting, and shall call the first meeting.

At the first meeting, the members of the Commission shall

appoint a chairperson from among the members appointed

under subsection (a)(1). The first meeting of the Commission

shall be held not later than 45 days after the date of enactment

of this Act.

(2) ADDITIONAL MEETINGS.—The Commission shall conduct

such additional meetings as the Commission determines are

appropriate.

(e) APPOINTMENTS.—Each appointment under this Act shall

be made not later than 30 days after the date of enactment of

this Act.
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(f) VACANCIES.—A vacancy on the Commission shall not affect

the powers of the Commission and shall be filled in the same

manner in which the original appointment was made.

(g) HEADQUARTERS.—The Commission shall establish the location for the headquarters of the Commission.

SEC. 7. DUTIES.

(a) PLAN.—The Commission shall identify and study the economic development, infrastructure, technology, telecommunications,

capital, employment, transportation, business resource development, education, health care, housing, and recreation needs of the

Northern Great Plains and develop a 10-year plan that makes

recommendations and establishes priorities to address the needs.

(b) PREPARATION OF PLAN.—In developing the plan, the

Commission shall, with respect to the Northern Great Plains—

(1) sponsor and conduct investigations, research studies,

and field hearings;

(2) review and evaluate available research, studies, and

information on conditions in the areas referred to in subsection

(a);

(3) study the economy, identifying strengths, weaknesses,

participation levels, opportunities, and methods of addressing

outmigration;

(4) develop a profile of, and a description of resources

devoted to, economic development (including tourism), human

resources (including demographics, outmigration, poverty,

Native Americans, education, and training), infrastructure

(including air, water, highway, rail, and telecommunications),

and natural resources;

(5) study and evaluate the economic development resources,

coordination, collaboration, and ‘‘best practices’’ of the Federal,

State, and local governments, nonprofit organizations, universities, businesses, agricultural and natural resources groups,

foundations, cooperatives, and other organizations;

(6) identify methods of facilitating the employment and

business startups of unemployed, underemployed, and lowincome individuals and households;

(7) identify effective methods for promoting development

on Native American reservations;

(8) study the availability of methods of delivering public,

private, and nonprofit capital and technical assistance for business startups and expansions, including farming and ranching;

(9) evaluate the availability of, need for, and strategies

for providing and maintaining, the infrastructure, including

air, water, highway, rail, and telecommunications;

(10) study the structure and potential development of major

industries, including agriculture, timber, mining, tourism, and

manufacturing (including the use of advanced technologies and

processes and adding value to raw materials and component

parts);

(11) study the competence and availability of the labor

force, including the health, educational, training, housing, and

economic needs of the labor force;

(12) develop an inventory of water, mineral, energy, timber,

agricultural, fishery, wildlife, and other natural resources;

(13) assess the comparative cost of doing business;
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(14) assess the international trading levels, markets, and

practices, and potential opportunities;

(15) assess the interconnection between metropolitan and

rural areas and identify methods through which the areas

can collaborate;

(16) assess methods by which small communities and

regions are collaborating or can collaborate in economic development initiatives;

(17) evaluate—

(A) the distribution and impact of Federal spending,

including grant-in-aid programs, research, and Federal

procurement, and compare the level of spending in these

categories with spending in other regions of the country;

and

(B) the extent to which reliance on Federal, State,

and local government outlays for poverty programs can

be reduced by outlays targeted for economic development;

(18) identify Federal, State, and local government programs, policies, and regulations that enhance or obstruct the

development of businesses and well-paying jobs with long-term

potential and that effectively use the skills, education, and

training of the labor force;

(19) evaluate the potential for States to jointly finance

projects and activities of regional benefit; and

(20) analyze such other issues as the Commission determines are relevant to future economic development.

(c) DEVELOPMENT OF PLAN.—In developing the plan, the

Commission shall—

(1) provide a forum for the consideration of the problems

of the rural Northern Great Plains and proposed solutions,

and establish and utilize citizens groups, special advisory councils, public hearings, and conferences;

(2) seek and encourage the participation of interested citizens, public officials, groups, agencies, economic development

organizations, natural resource organizations, and other

organizations;

(3) make the Commission accessible to the individuals,

groups, agencies, and organizations referred to in paragraph

(2) by holding at least 1 well publicized public hearing in

each State; and

(4) consult with—

(A) Federal, State, and local government agencies,

including the Departments of Agriculture, Commerce, Education, Labor, Health and Human Services, Housing and

Urban Development, and Transportation, and the Small

Business Administration, bank regulatory agencies, and

rural development councils;

(B) banks, insurance companies, venture capital

companies, and other for-profit financial institutions;

(C) nonprofit and community-based development

organizations, revolving loan funds, and other organizations;

(D) industry and sectoral organizations;

(E) foundations and universities; and

(F) other organizations involved in economic development activities.
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SEC. 8. COMPENSATION OF MEMBERS.

(a) MEMBERS APPOINTED BY GOVERNORS.—Each member of the

Commission appointed by a Governor of a State may be compensated by the State that the member represents. (b) MEMBERS APPOINTED BY THE SECRETARY.—Each member

appointed by the Secretary of Agriculture, who is not otherwise

employed by the United States Government, shall receive compensation at a rate determined by the Secretary of not to exceed the

daily equivalent of the lowest annual rate of basic pay payable

for grade GS–15 of the General Schedule under section 5332 of

title 5, United States Code, including traveltime, for each day

the member is engaged in the actual performance of the duties

of the Commission. A member of the Commission appointed by

the Secretary who is an officer or employee of the United States

Government shall serve without additional compensation.

(c) TRAVEL AND OTHER EXPENSES.—Each member of the

Commission shall be allowed travel expenses, including per diem

in lieu of subsistence, at rates authorized for employees of agencies

under subchapter I of chapter 57 of title 5, United States Code,

while away from the home or regular place of business of the

member in the performance of services for the Commission. Each

member of the Commission shall also be reimbursed by the United

States Government for other necessary expenses incurred by the

member in the performance of the duties of the member.

SEC. 9. POWERS AND ADMINISTRATIVE PROVISIONS.

(a) EXPERTS AND CONSULTANTS.—The Commission may obtain

the services of experts and consultants in accordance with section

3109 of title 5, United States Code.

(b) FINANCIAL AND ADMINISTRATIVE SERVICES.—The Commission may enter into agreements with the Administrator of General

Services for the procurement of necessary financial and administrative services, for which payment shall be made by reimbursement

from funds of the Commission in such amounts as are agreed

on by the chairperson and the Administrator of General Services. (c) CONTRACTS.—Subject to subsection (d), the Commission may

enter into contracts with Federal and State agencies and private

firms, institutions, and agencies for the conduct of research and

surveys, the preparation of reports, and other activities necessary

to carry out the duties of the Commission. (d) SUPPLIES, SERVICES, PROPERTY, AND CONTRACTS.—The

Commission may procure supplies, services, and property, and make

contracts in any fiscal year, only to such extent and in such amounts

as are provided in appropriation Acts.

(e) HEARINGS.—The Commission or, on the authorization of

the Commission, a member of the Commission may, for the purpose

of carrying out this Act, hold such hearings, sit and act at such

times and places, and request the attendance and testimony of

such witnesses and the production of such books, records, memoranda, papers, and documents as the Commission or the member

considers appropriate.

(f) INFORMATION.—The Commission may acquire directly from

any executive department, bureau, agency, board, commission,

office, independent establishment, or instrumentality, information,

suggestions, estimates, and statistics for the purpose of this Act.

Each department, bureau, agency, board, commission, office,

establishment, or instrumentality shall provide, to the extent per-
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mitted by law, the information, suggestions, estimates, and statistics directly to the Commission, upon request by the chairperson.

(g) PERSONNEL.—

(1) IN GENERAL.—Without regard to the provisions of title

5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter

III of chapter 53 of such title relating to classification and

General Schedule pay rates, the chairperson of the Commission

may appoint, terminate, and fix the compensation of an Executive Director and such additional personnel as the chairperson

determines are necessary to enable the Commission to carry

out the duties of the Commission.

(2) COMPENSATION.—The rate of compensation of the

Executive Director may not exceed a rate equal to the daily

equivalent of the annual rate of basic pay payable for level

V of the Executive Schedule under section 5316 of such title.

The rate of compensation of all other personnel may not exceed

a rate equal to the daily equivalent of the lowest annual rate

of basic pay payable for grade GS–15 of the General Schedule

under section 5332 of such title.

(h) ASSISTANCE FROM OTHER AGENCIES.—Upon request of the

Commission, the head of any Federal agency may make any of

the facilities and services of the agency available to the Commission

or detail any of the personnel of the agency to the Commission,

on a reimbursable basis, to assist the Commission in carrying

out the duties of the Commission under this Act. If the head

of an agency determines that the agency cannot make the facilities,

services, or personnel available to the Commission, the head shall

notify the chairperson in writing. (i) POSTAL SERVICES.—The Commission may use the United

States mails in the same manner and under the same conditions

as other departments and agencies of the United States.

SEC. 10. REPORTS.

(a) INTERIM REPORT.—Before the end of the 270-day period

beginning on the date of the first meeting of the Commission

under section 6(d)(1), the Commission shall submit a report to

the Secretary of Agriculture, the President pro tempore of the

Senate, the Committee on Agriculture, Nutrition, and Forestry of

the Senate, the Speaker of the House of Representatives, the

Committee on Agriculture of the House of Representatives, the

President, and the Governor of each State, describing the findings

and activities of the Commission and the further activities necessary

to carry out the duties of the Commission. (b) FINAL REPORT.—

(1) IN GENERAL.—Before the end of the 18-month period

beginning on the date of the first meeting of the Commission

under section 6(d)(1), the Commission shall submit to the Secretary of Agriculture, the President pro tempore of the Senate,

the Committee on Agriculture, Nutrition, and Forestry of the

Senate, the Speaker of the House of Representatives, the

Committee on Agriculture of the House of Representatives,

the President, and the Governor of each State, a report describing the findings and activities of the Commission and recommendations in accordance with paragraph (2) regarding specific actions that are necessary to promote the economic development of the rural Northern Great Plains while preserving,
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to the maximum extent possible, the natural beauty and habitat

of the Northern Great Plains.

(2) RECOMMENDATIONS.—

(A) REGIONAL COLLABORATION.—The Commission shall,

with respect to the Northern Great Plains—

(i) determine the most effective and appropriate

method for ensuring continued collaboration within the

region on economic development matters, considering

regional compacts, cooperatives, foundations, development corporations, and other agreements and organizations;

(ii) identify the organizational structure, method

of financing, functions, and participating organizations,

of the collaboration referred to in clause (i);

(iii) identify methods of effective multi-community,

substate, and small region development; and

(iv) assess the interconnection between metropolitan and rural areas and identify methods of collaboration between the areas.

(B) BUSINESS DEVELOPMENT.—The Commission shall,

with respect to the rural Northern Great Plains—

(i) recommend methods of diversifying the rural

economy, including the development and financing of

value-added and new-use agricultural products;

(ii) develop methods to promote and finance beginning owner-occupied farming and ranching operations;

(iii) recommend methods of promoting entrepreneurial development, including business startups

and expansions;

(iv) recommend methods in which the public, private, and nonprofit sectors can help increase international trading levels and penetrate new markets in

agricultural, manufactured, and service products; (v) evaluate the potential utility of business and

manufacturing networks in target sectors; (vi) assess the competitiveness of manufacturers

and the use of modern technology, processes, and

information by the manufacturers, and methods of

assisting manufacturers lacking the technology, processes, or information;

(vii) recommend methods in which capital and

technical assistance can be provided on a regional or

sectoral basis to business startups and expansions by

public, private, and nonprofit organizations; and (viii) recommend ways in which Federal and State

resource conservation programs can be used to encourage tourism in the region.

(C) CAPITAL.—The Commission shall, with respect to

the rural Northern Great Plains—

(i) determine if there are capital needs in the economy, and in what part of the economy the needs are

located, and recommend how governmental, nonprofit,

cooperative, community-based, microlending, banking,

venture, seed, and nonbanking financing sources can

assist in meeting the needs;

(ii) identify such strategies in organization, regulations, policy, marketing, and coordination as are
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needed to implement a plan to meet the needs referred

to in clause (i); and

(iii) recommend methods of utilizing secondary

financial markets to increase the capital available for

business development.

(D) INFRASTRUCTURE.—The Commission shall, with

respect to the rural Northern Great Plains—

(i) prepare a plan to preserve, finance, and operate

effective freight railroad service in coordination with

States, the Federal Railroad Administration, the Interstate Commerce Commission, rail operators, shippers,

and the financial community;

(ii) prepare an assessment and agreement on the

capital needs, coordination, and financing of telecommunications infrastructure, in cooperation with the

Department of Agriculture, the National Telecommunications and Information Administration of the Department of Commerce, the Federal Communications

Commission, the public utilities commission of each

State, telephone companies and cooperatives, representative users, and such other entities as the

Commission determines are appropriate; and

(iii) recommend strategies for addressing air,

water, and highway needs.

(E) HUMAN RESOURCES.—The Commission shall, with

respect to the rural Northern Great Plains—

(i) identify methods of facilitating the employment

and business startups of individuals who are not effectively participating in the labor force, including

unemployed, underemployed, and low-income individuals and households;

(ii) identify methods of coordinating on a regional

or sectoral basis education and training programs that

are tied to economic development initiatives, especially

programs that address the outmigration of youth; and (iii) study the competence and availability of the

labor force and the effects of the health, educational,

training, housing, and economic needs of the labor

force, and identify regional strategies addressing the

needs.

(F) GOVERNMENT PROGRAMS, POLICIES, AND REGULA- TIONS.—The Commission shall submit to the appropriate

government, nonprofit, and private sector organizations recommendations for modifications or additions to the programs, policies, and regulations referred to in section

7(b)(18) to promote the rural development of the Northern

Great Plains.
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SEC. 11. TERMINATION.

The Commission shall terminate on the earlier of—

(1) 120 days after the date of submission of the final

report under section 10; and

(2) 2 years after the date of enactment of this Act.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are

necessary to carry out this Act.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.