I 

109TH CONGRESS 

2D SESSION H. R. 5082 

To amend the Consolidated Farm and Rural Development Act to provide 

for comprehensive community and economic development in the distressed 

Southern Black Belt and Mississippi Delta region while leveraging existing efforts, entities, and resources. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 4, 2006 

Mr. DAVIS of Alabama introduced the following bill; which was referred to the 

Committee on Agriculture, and in addition to the Committees on Transportation and Infrastructure and Financial Services, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Consolidated Farm and Rural Development 

Act to provide for comprehensive community and economic development in the distressed Southern Black Belt 

and Mississippi Delta region while leveraging existing 

efforts, entities, and resources. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Southern Empower3 ment and Economic Development Act to authorize the 

4 Delta Black Belt Regional Authority’’. 

5 SEC. 2. FINDINGS. 

6 The Congress finds the following: 

7 (1) A University of Georgia study, entitled 

8 ‘‘Dismantling Persistent Poverty in the Southeastern 

9 United States’’, finds that counties in the Delta 

10 Black Belt region sustained persistent poverty over 

11 3 census periods and comprise the poorest of all re12 gions in the country. 

13 (2) A study conducted by the Southern Food 

14 Systems Education Consortium and led by Tuskegee 

15 University, entitled ‘‘Persistent Poverty in the 

16 South’’, finds that these counties lack a coordinating 

17 body, supporting organization, or any central capac18 ity building agency to link and enhance the work of 

19 service providers to address the issue of persistent 

20 poverty. 

21 (3) These studies find that the economic peril 

22 facing the region results from, and in turn contrib23 utes to, the widespread and persistent nature of the 

24 region’s poverty. 

25 (4) These studies find that this region would 

26 benefit from a sustained, coordinated strategy tarVerDate Aug 31 2005 00:47 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5082.IH H5082

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1 geted at the most distressed communities by a re2 gional initiative. 

3 (5) There is a Federal-State partnership that is 

4 targeted at poverty in the Delta region but overlays 

5 with the historic Southern Black Belt’s region of 

6 persistent poverty. 

7 (6) The Delta Regional Authority has shown 

8 early promise in addressing causes of persistent pov9 erty as a regional initiative. 

10 (7) There is value in establishing a collaborative 

11 partnership with community-based and faith-based 

12 organizations in the distressed region as well as in13 stitutions of higher learning in the region as a com14 ponent of any regional initiative. 

15 SEC. 3. DELTA REGIONAL AUTHORITY EXPANSION. 

16 (a) AUTHORITY.—Section 382A(1) of the Consoli17 dated Farm and Rural Development Act (7 U.S.C. 

18 2009aa(1)) is amended to read as follows: 

19 ‘‘(1) The term ‘Authority’ means the Delta/ 

20 Black Belt Regional Authority.’’. 

21 (b) SCOPE OF AUTHORITY.—Section 382B(a)(1) of 

22 such Act (7 U.S.C. 2009aa–1(a)(1)) is amended to read 

23 as follows: 

24 ‘‘(1) IN GENERAL.—There is established the 

25 Delta/Black Belt Regional Authority.’’. 


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1 (c) CONSTITUENCY REPRESENTATION BOARD.—Sec2 tion 382B of such Act (7 U.S.C. 2009aa–1) is amended 

3 by adding at the end the following: 

4 ‘‘(k) CONSTITUENCY REPRESENTATION BOARD.— 

5 ‘‘(1) IN GENERAL.—The Authority shall estab6 lish a Constituency Representation Board (in this 

7 subsection referred to as the ‘Board’). 

8 ‘‘(2) MEMBERSHIP.— 

9 ‘‘(A) APPOINTED MEMBERS.— 

10 ‘‘(i) IN GENERAL.—With respect to 

11 each congressional district that includes 

12 part or all of a county or parish that is in 

13 the region, the Governor of the State in 

14 which the district lies may appoint to the 

15 Board 1 individual who has (or, if more 

16 than half of the population of the district 

17 resides in 1 or more counties or parishes 

18 in the region, 2 individuals who have) the 

19 following qualifications: 

20 ‘‘(I) The individual is a legal 

21 resident of the district; 

22 ‘‘(II) The individual resides in a 

23 county or parish in the region. 

24 ‘‘(III) The individual is a com25 munity leader or economic developVerDate Aug 31 2005 00:47 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5082.IH H5082

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1 ment and community development 

2 practitioner who— 

3 ‘‘(aa) represents a commu4 nity-based or faith-based organi5 zation or institution of higher 

6 learning in the region; and 

7 ‘‘(bb) has direct contact with 

8 the persistently poverty stricken 

9 population of the region. 

10 ‘‘(ii) MANNER OF APPOINTMENT.—A 

11 Governor shall make an appointment to 

12 the Board by submitting the appointment 

13 in writing to the Authority, which shall 

14 maintain records of the membership and 

15 activities of the Board. 

16 ‘‘(B) FEDERAL COCHAIRPERSON.—The 

17 Federal cochairperson shall be a member of the 

18 Board. 

19 ‘‘(3) TERM OF OFFICE.— 

20 ‘‘(A) IN GENERAL.—Each Board member 

21 shall be appointed for a 2-year term that ex22 pires on January 31 of the next odd-numbered 

23 calendar year. 

24 ‘‘(B) CONTINUATION OF SERVICE.— 


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1 ‘‘(i) IN GENERAL.—A Board member 

2 may continue to serve as such after the ex3 piration of the term for which appointed, 

4 until the earlier of such time as a suc5 cessor for the member is appointed or the 

6 date that is 120 days after the end of the 

7 term. 

8 ‘‘(ii) EXCEPTION.—If a congressional 

9 district is eliminated as a result of re10 apportionment then the preceding sentence 

11 shall not apply with respect to the Board 

12 member representing the district. 

13 ‘‘(C) TERM LIMITS.— 

14 ‘‘(i) IN GENERAL.—Except as pro15 vided in subparagraph (B) and clause (ii) 

16 of this subparagraph, an individual may 

17 not serve more than a single 2-year term 

18 on the Board. 

19 ‘‘(ii) EXCEPTION.—An original Board 

20 member may be reappointed to the Board 

21 once. 

22 ‘‘(4) CHAIR AND VICE CHAIR.— 

23 ‘‘(A) IN GENERAL.—The Board members 

24 shall elect a Chair and Vice Chair from among 

25 the members. 


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1 ‘‘(B) TREATMENT AS GOVERNOR AND AL2 TERNATE.—The Chair and Vice Chair shall be 

3 treated as if they were a Governor and Alter4 nate, respectively, of a State participating in 

5 the Authority for governance, voting, and all 

6 other purposes under section 382B. 

7 ‘‘(C) TERM OF OFFICE.—The Chair and 

8 Vice Chair shall be elected for a 2-year term 

9 that expires on January 31 of the next odd10 numbered year. 

11 ‘‘(D) OTHER DUTIES.—The Chair and 

12 Vice Chair shall invite the Executive Director of 

13 the Authority to each Board meeting and keep 

14 the Executive Director apprised of the activities 

15 of the Board. 

16 ‘‘(5) REGIONAL SUBCOMMITTEES.— 

17 ‘‘(A) MEMBERSHIP.—The Board shall have 

18 4 regional subcommittees, as follows: 

19 ‘‘(i) A regional subcommittee com20 posed of the Board members from Vir21 ginia, North Carolina, and South Carolina. 

22 ‘‘(ii) A regional subcommittee com23 posed of the Board members from Georgia, 

24 Florida, and Alabama. 


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1 ‘‘(iii) A regional subcommittee com2 posed of the Board members from Texas, 

3 Arkansas, and Louisiana. 

4 ‘‘(iv) A regional subcommittee com5 posed of the Board members from Ken6 tucky, Missouri, Tennessee, Mississippi, 

7 and Illinois. 

8 ‘‘(B) DUTIES.—Each regional sub9 committee shall review projects proposed to be 

10 carried out in the region covered by the sub11 committee, and determine which projects should 

12 be submitted to the Executive Committee for 

13 final approval. 

14 ‘‘(6) EXECUTIVE COMMITTEE.— 

15 ‘‘(A) MEMBERSHIP.—The Board shall have 

16 an Executive Committee consisting of the fol17 lowing: 

18 ‘‘(i) The Chair and Vice Chair of the 

19 Board. 

20 ‘‘(ii) 2 members of each regional sub21 committee, each of whom shall be elected 

22 by a majority of the members of the re23 gional subcommittee involved. 

24 ‘‘(iii) The Federal cochairperson. 


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1 ‘‘(B) FUNCTIONS.—The Executive Com2 mittee shall perform the administrative func3 tions of the Board, including review and ap4 proval of projects submitted by the regional 

5 subcommittees and disbursement of funds. 

6 ‘‘(7) COMMUNITY STRATEGIC PLANNING.—The 

7 members of the Board shall ascertain and commu8 nicate to the Authority the strategic planning prior9 ities of communities in their respective States and 

10 congressional districts. The members of the Board 

11 shall consult with other community leaders and eco12 nomic development and community development 

13 practitioners that represent community-based and 

14 faith-based organizations from their respective 

15 States and congressional districts in performing 

16 their duties under this paragraph. The members of 

17 the Board shall collaborate with their respective 

18 Governors, Alternates, and Members of the United 

19 States House of Representatives in the performance 

20 of their duties under this paragraph. 

21 ‘‘(8) REGIONAL AND STATE PLANNING.—The 

22 Board shall participate in the development and ap23 proval of regional plans and priorities developed by 

24 the Authority under section 382B(d)(1). Members of 


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1 the Board may participate in the development of 

2 their respective State development plans. 

3 ‘‘(9) PROGRAMS AND DEMONSTRATION

4 PROJECTS.— 

5 ‘‘(A) CONSIDERATION AND FUNDING.— 

6 The Board shall receive applications for, iden7 tify, evaluate, develop, and fund programs and 

8 demonstration projects to be organized and op9 erated by community-based or faith-based orga10 nizations in the region or the institutions of 

11 higher learning in the region, consistent with 

12 the purposes of the Authority. 

13 ‘‘(B) ELIGIBILITY FOR FUNDING.— 

14 ‘‘(i) IN GENERAL.—A program or 

15 demonstration project shall not be funded 

16 under subparagraph (A) unless the Board 

17 determines that the program or project will 

18 benefit a county or identifiable community 

19 that experiences significant economic dis20 tress. 

21 ‘‘(ii) DEFINITION OF COUNTY OR

22 IDENTIFIABLE COMMUNITY THAT EXPERI23 ENCES SIGNIFICANT ECONOMIC DIS24 TRESS.—For purposes of clause (i), a 


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1 county or identifiable community is experi2 encing significant economic distress if— 

3 ‘‘(I)(aa) the 3-year average un4 employment rate for the county or 

5 identifiable community is at least 150 

6 percent of the national average unem7 ployment rate; 

8 ‘‘(bb) the per capita income of 

9 the county or identifiable community 

10 is not more than 67 percent of the na11 tional average per capita income; and 

12 ‘‘(cc) the poverty rate of the 

13 county or identifiable community is at 

14 least 150 percent of the national aver15 age poverty rate; or 

16 ‘‘(II)(aa) the county or identifi17 able community meets the condition 

18 described in item (aa) or (bb) of sub19 clause (I); and 

20 ‘‘(bb) the poverty rate of the 

21 county or identifiable community is at 

22 least 200 percent of the national aver23 age poverty rate. 

24 ‘‘(iii) DETERMINATIONS.—In deter25 mining whether a county or identifiable 


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1 community is experiencing significant eco2 nomic distress in accordance with clause 

3 (ii), the Board may use such information 

4 as the Board deems reliable. 

5 ‘‘(10) SOURCE OF FUNDS.— 

6 ‘‘(A) IN GENERAL.—Not less than 20 per7 cent of the amount appropriated under section 

8 382M(a) for a fiscal year shall be available for 

9 programs and demonstration projects approved 

10 for funding under paragraph (9) of this sub11 section. 

12 ‘‘(B) SPECIAL RULE REGARDING ADMINIS13 TRATIVE EXPENSES.—Administrative costs and 

14 expenses associated with the activities of the 

15 Board shall not be considered administrative 

16 expenses for purposes of section 382M(b). 

17 ‘‘(11) OTHER FUNCTIONS.— 

18 ‘‘(A) HEARINGS.—The Board shall hold no 

19 less than 4 public hearings annually, no less 

20 than 1 in each region covered by each regional 

21 subcommittee, on how the Board and the Au22 thority are serving the community-based and 

23 faith-based organizations in the region that 

24 interface directly with the persistently poverty 

25 stricken population of the region. The Board 


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1 shall include the information obtained in the 

2 hearings in the annual reports required by 

3 paragraph (12). 

4 ‘‘(B) ASSESSMENT OF RELEVANT MAT5 TERS.—The Board may assess any matter in6 volving the region or the Authority, including 

7 the criteria for distress, programs of the Au8 thority, or allocation formulas, and shall and 

9 communicate the findings of the Board to the 

10 Federal cochairperson. 

11 ‘‘(12) ANNUAL REPORTS.—The Board shall 

12 prepare and submit to the Congress an annual re13 port on— 

14 ‘‘(A) the activities and plans of the Board 

15 for supporting community-based and faith16 based organizations in the region; 

17 ‘‘(B) the state of the community-based and 

18 faith-based organizations in the region that 

19 interface directly with the persistently poverty 

20 stricken population of the region; 

21 ‘‘(C) the programs and demonstration 

22 projects funded under paragraph (9) of this 

23 subsection; and 

24 ‘‘(D) such other matters relating to the ac25 tivities described in section 382C(a) as the 


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1 Board wishes to bring to the attention of the 

2 Congress.’’. 

3 (d) PROGRAM AREAS.—Section 382C(a) of such Act 

4 (7 U.S.C. 2009aa–2(a)) is amended— 

5 (1) by striking ‘‘and’’ at the end of paragraph 

6 (4); 

7 (2) by redesignating paragraph (5) as para8 graph (8); and 

9 (3) by inserting after paragraph (4) the fol10 lowing: 

11 ‘‘(5) to provide assistance to severely distressed 

12 and underdeveloped areas that lack resources for im13 proving educational opportunities including adult 

14 and remedial education; 

15 ‘‘(6) to provide assistance to severely distressed 

16 and underdeveloped areas that lack resources for im17 proving access to affordable, quality health care in 

18 rural areas; 

19 ‘‘(7) to provide assistance to severely distressed 

20 and underdeveloped areas that lack resources for 

21 eliminating sub-standard housing facilities; and’’. 

22 (e) EXPANSION OF FUNDING PRIORITIES.—Section 

23 382C(b)(2) of such Act (7 U.S.C. 2009aa–2(b)(2)) is 

24 amended by adding at the end the following: 


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1 ‘‘(E) Educational improvement including 

2 adult and remedial education. 

3 ‘‘(F) Access to affordable, quality rural 

4 health care. 

5 ‘‘(G) The elimination of sub-standard 

6 housing facilities.’’. 

7 (f) FUNDING ALLOCATIONS.—Section 382F(d) of 

8 such Act (7 U.S.C. 2009aa–5(d)) is amended to read as 

9 follows: 

10 ‘‘(d) TRANSPORTATION AND BASIC PUBLIC INFRA11 STRUCTURE.—During a fiscal year, the Authority shall al12 locate for transportation and basic public infrastructure 

13 projects authorized under paragraphs (1) and (3) of sec14 tion 382C(a) not more than 25 percent of any funds made 

15 available under section 382M for the fiscal year.’’. 

16 (g) LIMITATIONS ON AUTHORIZATION OF APPRO17 PRIATIONS.—Section 382M(a) of such Act (7 U.S.C. 

18 2009aa–12(a)) is amended to read as follows: 

19 ‘‘(a) IN GENERAL.—There are authorized to be ap20 propriated to the Authority to carry out this subtitle 

21 $500,000,000 for each of fiscal years 2007 through 2037, 

22 which amounts are authorized to remain available until 

23 expended.’’. 


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1 (h) TERMINATION OF AUTHORITY.—Section 382N of 

2 such Act (7 U.S.C. 2009aa–13) is amended to read as 

3 follows: 

4 ‘‘SEC. 382N. TERMINATION OF AUTHORITY. 

5 ‘‘This subtitle and the authority provided under this 

6 subtitle expire on October 1, 2037.’’. 

7 SEC. 4. SCOPE OF THE REGION. 

8 (a) EXPANSION.—Section 4(2) of the Delta Develop9 ment Act (42 U.S.C. 3121 note; Public Law 100–460) is 

10 amended in the matter that precedes subparagraph (A) 

11 by striking ‘‘those areas’’ and all that follows through ‘‘but 

12 not limited to’’. 

13 (b) ARKANSAS.—Section 4(2)(A) of such Act (42 

14 U.S.C. 3121 note; Public Law 100–460) is amended by 

15 inserting ‘‘Carroll, Clark, Columbia, Conway, Crawford, 

16 Franklin, Garland, Hempstead, Hot Spring, Howard, 

17 Johnson, Lafayette, Little River, Logan, Madison, Miller, 

18 Montgomery, Nevada, Newton, Perry, Pike, Polk, Pope, 

19 Scott, Sevier, Yell,’’ after ‘‘Van Buren,’’. 

20 (c) LOUISIANA.—Section 4(2)(D) of such Act (42 

21 U.S.C. 3121 note; Public Law 100–460) is amended by 

22 inserting ‘‘Beauregard, Bienville, Calcasieu, Claiborne, De 

23 Soto, Jefferson Davis, Red River, Sabine, Vermilion, 

24 Vernon, Webster,’’ after ‘‘St. James,’’. 


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1 (d) MISSISSIPPI.—Section 4(2)(E) of such Act (42 

2 U.S.C. 3121 note; Public Law 100–460) is amended by 

3 inserting ‘‘Clarke, Forrest, George, Greene, Hancock, Jas4 per, Jones, Lamar, Lauderdale, Leake, Neshoba, Newton, 

5 Pearl River, Perry, Scott, Smith, Stone, Wayne,’’ after 

6 ‘‘Lawrence,’’. 

7 (e) OTHER.—Section 4(2)(H) of such Act (42 U.S.C. 

8 3121 note; Public Law 100–460) is amended by striking 

9 ‘‘and’’ at the end. 

10 (f) ALABAMA.—Section 4(2)(I) of such Act (42 

11 U.S.C. 3121 note; Public Law 100–460) is amended by 

12 inserting ‘‘Coffee, Covington, Crenshaw, Dale, Geneva, 

13 Henry, Houston, Lee, Pike,’’ after ‘‘Monroe,’’. 

14 (g) FLORIDA, GEORGIA, NORTH CAROLINA, SOUTH

15 CAROLINA, TEXAS, VIRGINIA.—Section 4(2) of such Act 

16 (42 U.S.C. 3121 note; Public Law 100–460) is amended 

17 by inserting after subparagraph (I) the following: 

18 ‘‘(J) the Florida counties of Alachua, 

19 Baker, Bay, Bradford, Calhoun, Columbia, 

20 Dixie, Franklin, Gadsden, Gilchrist, Gulf, Ham21 ilton, Holmes, Jackson, Jefferson, Lafayette, 

22 Leon, Levy, Liberty, Madison, Putnam, Suwan23 nee, Taylor, Union, Walton, and Washington; 

24 ‘‘(K) the Georgia counties of Appling, At25 kinson, Bacon, Baker, Baldwin, Ben Hill, 


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1 Berrien, Bleckley, Brantley, Brooks, Bulloch, 

2 Burke, Calhoun, Candler, Charlton, Clarke, 

3 Clay, Clinch, Coffee, Colquit, Cook, Crawford, 

4 Crisp, Decatur, Dodge, Dooly, Dougherty, 

5 Early, Echols, Emanuel, Evans, Glascock, 

6 Glynn, Grady, Greene, Hancock, Irwin, Jasper, 

7 Jeff Davis, Jefferson, Jenkins, Johnson, La8 nier, Laurens, Liberty, Lincoln, Long, 

9 Lowndes, Macon, Marion, McDuffie, McIntosh, 

10 Meriwether, Miller, Mitchell, Montgomery, 

11 Oglethorpe, Peach, Pierce, Pulaski, Putnam, 

12 Quitman, Randolph, Schley, Screven, Seminole, 

13 Stewart, Sumter, Talbot, Taliaferro, Tattnall, 

14 Taylor, Telfair, Terrell, Thomas, Tift, Toombs, 

15 Treutlen, Troup, Turner, Twiggs, Ware, War16 ren, Washington, Wayne, Webster, Wheeler, 

17 Wilcox, Wilkes, Wilkinson, and Worth; 

18 ‘‘(L) the North Carolina counties of 

19 Anson, Beaufort, Bertie, Bladen, Caswell, Cho20 wan, Columbus, Craven, Duplin, Edgecombe, 

21 Gates, Greene, Halifax, Harnett, Hertford, 

22 Hoke, Hyde, Jones, Lenoir, Martin, Mont23 gomery, Nash, New Hanover, Northampton, 

24 Pamilco, Pasquotank, Pender, Perquimans, 

25 Pitt, Richmond, Robeson, Sampson, Scotland, 


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1 Tyrrell, Vance, Warren, Washington, Wayne, 

2 and Wilson; 

3 ‘‘(M) the South Carolina counties of Abbe4 ville, Allendale, Bamberg, Barnwell, Calhoun, 

5 Chester, Chesterfield, Clarendon, Colleton, Dar6 lington, Dillon, Edgefield, Fairfield, Florence, 

7 Georgetown, Greenwood, Hampton, Jasper, 

8 Lee, Marion, Marlboro, McCormick, Newberry, 

9 Orangeburg, Saluda, Sumter, Union, and Wil10 liamsburg; 

11 ‘‘(N) the Texas counties of Anderson, 

12 Angelina, Bowie, Brazos, Burleson, Camp, 

13 Cass, Cherokee, Delta, Falls, Fannin, Franklin, 

14 Freestone, Gregg, Grimes, Harrison, Hill, Hop15 kins, Houston, Jasper, Lamar, Leon, Lime16 stone, McLennan, Madison, Marion, Milam, 

17 Morris, Nacogdoches, Navarro, Newton, Or18 ange, Panola, Polk, Rains, Red River, Robert19 son, Rusk, Sabine, San Augustine, San Jacinto, 

20 Shelby, Smith, Titus, Trinity, Tyler, Upshur, 

21 Van Zandt, Walker, and Wood; and 

22 ‘‘(O) the Virginia counties of Brunswick, 

23 Buckingham, Charlotte, Cumberland, Danville, 

24 Emporia, Greensville, Halifax, Lunenburg, 


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1 Mecklenburg, Nottoway, Prince Edward, South2 ampton, and Sussex;’’. 

Æ 


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