II

106TH CONGRESS

1ST SESSION S. 1622

To provide economic, planning, and coordination assistance needed for the

development of the lower Mississippi River region.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 22, 1999

Mrs. LINCOLN (for herself, Mr. FRIST, Ms. LANDRIEU, Mr. HUTCHINSON, Mr.

BREAUX, and Mr. DURBIN) introduced the following bill; which was read

twice and referred to the Committee on Environment and Public Works

A BILL

To provide economic, planning, and coordination assistance

needed for the development of the lower Mississippi River

region.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Delta Regional Author5 ity Act of 1999’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—

8 (1) the lower Mississippi River region (referred

9 to in this Act as the ‘‘region’’), though rich in nat-
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1 ural and human resources, lags behind the rest of

2 the United States in economic growth and pros3 perity;

4 (2) the region suffers from a greater proportion

5 of measurable poverty and unemployment than any

6 other region of the United States, resulting in a

7 drain on the national economy and diminishing na8 tional wealth;

9 (3) the greatest hope for economic growth and

10 revitalization in the region lies in the creation of

11 jobs, the expansion of businesses, and the develop12 ment of entrepreneurial local economies;

13 (4) the economic progress of the region requires

14 an adequate physical infrastructure, a skilled and

15 trained workforce, enhanced local leadership and

16 civic capacity, and greater opportunities for enter17 prise development and entrepreneurship;

18 (5) a concerted and coordinated effort among

19 Federal, State, and local agencies, the private sector,

20 nonprofit groups, and community-based organiza21 tions is needed if the region is to share in the pros22 perity of the United States;

23 (6) economic development planning on a re24 gional or multicounty basis offers the best prospect
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1 for achieving the maximum benefit from public and

2 private investments; and

3 (7) improving the economy of the region re4 quires a special emphasis on those of the region that

5 are most economically distressed.

6 (b) PURPOSES.—The purposes of this Act are—

7 (1) to promote and encourage the economic de8 velopment of the region—

9 (A) to ensure that the communities and

10 people in the region have the opportunity to

11 participate more fully in the prosperity of the

12 United States; and

13 (B) to ensure that the economy of the re14 gion reaches economic parity with that of the

15 rest of the United States;

16 (2) to establish a formal framework for joint

17 Federal-State collaboration in meeting and focusing

18 national attention on the economic development

19 needs of the region;

20 (3) to assist the region in obtaining the basic

21 infrastructure, skills training, local leadership capac22 ity, and opportunities for enterprise development

23 that are essential for strong local economies;

24 (4) to foster coordination among all levels of

25 government, the private sector, community organiza-
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1 tions, and nonprofit groups in crafting common re2 gional strategies that will lead to broader economic

3 growth;

4 (5) to strengthen efforts that emphasize re5 gional approaches to economic development and

6 planning;

7 (6) to encourage the participation of interested

8 citizens, public officials, groups, agencies, and others

9 in developing and implementing local and regional

10 plans for broad-based economic and community de11 velopment; and

12 (7) to focus special attention on areas of the re13 gion that suffer from the greatest economic distress.

14 SEC. 3. DELTA REGIONAL AUTHORITY.

15 The Consolidated Farm and Rural Development Act

16 (7 U.S.C. 1921 et seq.) is amended by adding at the end

17 the following:

18 ‘‘Subtitle F—Delta Regional

19 Authority

20 ‘‘SEC. 382A. DEFINITIONS.

21 ‘‘In this subtitle:

22 ‘‘(1) AUTHORITY.—The term ‘Authority’ means

23 the Delta Regional Authority established by section

24 382B.
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1 ‘‘(2) REGION.—The term ‘region’ means areas

2 in the States of Arkansas, Illinois, Kentucky, Lou3 isiana, Mississippi, Missouri, and Tennessee, as de4 fined under section 4 of the Lower Mississippi Delta

5 Development Act (Public Law 100–460; 42 U.S.C.

6 3121 note).

7 ‘‘(3) FEDERAL GRANT PROGRAM.—The term

8 ‘Federal grant program’ means a Federal grant pro9 gram to provide assistance in—

10 ‘‘(A) acquiring or developing land;

11 ‘‘(B) constructing or equipping a facility;

12 or

13 ‘‘(C) carrying out other community or eco14 nomic development or economic adjustment ac15 tivities.

16 ‘‘SEC. 382B. DELTA REGIONAL AUTHORITY.

17 ‘‘(a) ESTABLISHMENT.—

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

19 Delta Regional Authority.

20 ‘‘(2) COMPOSITION.—The Authority shall be

21 composed of—

22 ‘‘(A) a Federal member, to be appointed

23 by the President, with the advice and consent

24 of the Senate; and
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1 ‘‘(B) the Governor (or a designee of the

2 Governor) of each State in the region that

3 elects to participate in the Authority.

4 ‘‘(3) COCHAIRPERSONS.—The Authority shall

5 be headed by 2 cochairpersons, which shall be—

6 ‘‘(A) the Federal member, who shall

7 serve—

8 ‘‘(i) as the Federal cochairperson; and

9 ‘‘(ii) as a liaison between the Federal

10 Government and the Authority; and

11 ‘‘(B) a State cochairperson, who—

12 ‘‘(i) shall be a Governor of a partici13 pating State in the region; and

14 ‘‘(ii) shall be elected by the State

15 members for a term of not less than 1

16 year.

17 ‘‘(b) ALTERNATE MEMBERS.—

18 ‘‘(1) STATE ALTERNATES.—Each State member

19 may have a single alternate, appointed by the Gov20 ernor from among the members of the cabinet or the

21 personal staff of the Governor.

22 ‘‘(2) ALTERNATE FEDERAL COCHAIRPERSON.—

23 The President shall appoint an alternate Federal co24 chairperson.
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1 ‘‘(3) QUORUM.—A State alternate shall not be

2 counted toward the establishment of a quorum of

3 the Authority in any instance in which a quorum of

4 the State members is required to be present.

5 ‘‘(4) DELEGATION OF POWER.—No power or

6 responsibility of the Authority specified in para7 graphs (2) and (3) of subsection (b), and no voting

8 right of any Authority member, shall be delegated to

9 any person—

10 ‘‘(A) who is not a Authority member; or

11 ‘‘(B) who is not entitled to vote in Author12 ity meetings.

13 ‘‘(c) VOTING.—

14 ‘‘(1) IN GENERAL.—Except as provided in sec15 tion 382I(d), decisions by the Authority shall require

16 the affirmative vote of the Federal cochairperson

17 and of a majority of the State members (not includ18 ing a member representing a State that is delin19 quent under subsection (g)(2)(C).

20 ‘‘(2) QUORUM.—A quorum of State members

21 shall be required to be present for the Authority to

22 make any policy decision, including—

23 ‘‘(A) a modification or revision of a Au24 thority policy decision;
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1 ‘‘(B) approval of a State or regional devel2 opment plan; and

3 ‘‘(C) any allocation of funds among the

4 States.

5 ‘‘(3) PROJECT AND GRANT PROPOSALS.—The

6 approval of project and grant proposals shall be—

7 ‘‘(A) a responsibility of the Authority; and

8 ‘‘(B) conducted in accordance with section

9 382I.

10 ‘‘(4) VOTING BY ALTERNATE MEMBERS.—An

11 alternate member shall vote in the case of the ab12 sence, death, disability, removal, or resignation of

13 the State or Federal representative for which the al14 ternate member is an alternate.

15 ‘‘(d) DUTIES.—The Authority shall—

16 ‘‘(1) develop, on a continuing basis, comprehen17 sive and coordinated plans and programs to establish

18 priorities and approve grants for the economic devel19 opment of the region, giving due consideration to

20 other Federal, State, and local planning and devel21 opment activities in the region;

22 ‘‘(2) not later than 220 days after the date of

23 enactment of this subtitle, establish priorities in a

24 development plan for the region (including 5-year re25 gional outcome targets);
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1 ‘‘(3) provide for an understanding of the needs

2 and assets of the region through research, dem3 onstration, investigation, assessment, and evaluation

4 of the region, in cooperation with Federal, State,

5 and local agencies, universities, local development

6 districts, and other nonprofit groups, as appropriate;

7 ‘‘(4) review and study, in cooperation with the

8 appropriate agencies, Federal, State, and local pub9 lic and private programs in the region;

10 ‘‘(5) recommend any modification or addition to

11 a program described in paragraph (4) that could in12 crease the effectiveness of the program;

13 ‘‘(6) formulate and recommend interstate com14 pacts and other forms of interstate cooperation;

15 ‘‘(7) work with State and local agencies in de16 veloping appropriate model legislation;

17 ‘‘(8) encourage the formation of, build the ca18 pacity of, and provide support for, local development

19 districts in the region;

20 ‘‘(9) encourage private investment in industrial,

21 commercial, and other economic development

22 projects in the region;

23 ‘‘(10) serve as a focal point and coordinating

24 unit for region programs;
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1 ‘‘(11) provide a forum for consideration of

2 problems of the region and proposed solutions for

3 those problems; and

4 ‘‘(12) establish and involve citizens, special ad5 visory councils, and public conferences to consider

6 and resolve issues concerning the region.

7 ‘‘(e) INFORMATION.—In carrying out the duties of

8 the Authority under subsection (d), the Authority may—

9 ‘‘(1) hold such hearings, sit and act at such

10 times and places, take such testimony, receive such

11 evidence, and print or otherwise reproduce and dis12 tribute the proceedings and reports on actions by the

13 Authority as the Authority considers appropriate;

14 ‘‘(2) authorize, through the Federal or State co15 chairperson, or any other member of the Authority

16 designated by the Authority, the administration of

17 oaths if the Authority determines that testimony

18 shall be taken or evidence shall be received under

19 oath; and

20 ‘‘(3) arrange for the head of any Federal,

21 State, or local department or agency to furnish to

22 the Authority such information as may be available

23 to or procurable by the department or agency;
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1 ‘‘(4) adopt, amend, and repeal bylaws and rules

2 governing the conduct of Authority business and the

3 performance of Authority functions;

4 ‘‘(5) request the head of any Federal depart5 ment or agency to detail to the Authority such per6 sonnel as the Authority requires to carry out func7 tions of the Authority, each such detail to be without

8 loss of seniority, pay, or other employee status;

9 ‘‘(6) request the head of any State department

10 or agency or local government to detail to the Au11 thority such personnel as the Authority requires to

12 carry out functions of the Authority, each such de13 tail to be without loss of seniority, pay, or other em14 ployee status;

15 ‘‘(7) provide for coverage of Authority employ16 ees in a suitable retirement and employee benefit

17 system by—

18 ‘‘(A) making arrangements or entering

19 into contracts with any participating State gov20 ernment; or

21 ‘‘(B) otherwise providing retirement and

22 other employee benefit coverage;

23 ‘‘(8) accept, use, and dispose of gifts or dona24 tions of services or real, personal, tangible, or intan25 gible property;
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1 ‘‘(9) enter into and perform such contracts,

2 leases, cooperative agreements, or other transactions

3 as are necessary to carry out Authority duties, in4 cluding any contracts, leases, cooperative agree5 ments, or any other arrangement with—

6 ‘‘(A) any department, agency, or instru7 mentality of the United States;

8 ‘‘(B) any State (including a political sub9 division, agency, or instrumentality of the

10 State); or

11 ‘‘(C) any person, firm, association, or cor12 poration;

13 ‘‘(10) establish and maintain a central office

14 and field offices at such locations as the Authority

15 may select; and

16 ‘‘(11) take such other actions and incur such

17 other expenses as are necessary or appropriate.

18 ‘‘(f) FEDERAL AGENCY COOPERATION.—Federal

19 agencies shall—

20 ‘‘(1) cooperate with the Authority; and

21 ‘‘(2) provide such assistance in carrying out

22 this subtitle as the Federal cochairperson may re23 quest.

24 ‘‘(g) ADMINISTRATIVE EXPENSES.—
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1 ‘‘(1) IN GENERAL.—Administrative expenses of

2 the Authority shall be paid—

3 ‘‘(A) by the Federal Government, during

4 the period beginning on the date of enactment

5 of this subtitle and ending on September 30,

6 2000; and

7 ‘‘(B) after September 30, 2000 (except for

8 the expenses of the Federal cochairperson, in9 cluding expenses of the alternate and staff of

10 the Federal cochairperson, which shall be paid

11 solely by the Federal Government)—

12 ‘‘(i) by the Federal Government, in an

13 amount equal to 50 percent of the admin14 istrative expenses; and

15 ‘‘(ii) by the States in the region rep16 resented by the Authority, in an amount

17 equal to 50 percent of the administrative

18 expenses.

19 ‘‘(2) STATE SHARE.—

20 ‘‘(A) IN GENERAL.—The share of adminis21 trative expenses of the Authority to be paid by

22 each State shall be determined by the Author23 ity.

24 ‘‘(B) NO FEDERAL PARTICIPATION.—The

25 Federal cochairperson shall not participate or
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1 vote in any decision under subparagraph (A) to

2 determine the share of administrative expenses

3 of the Authority to be paid by a State.

4 ‘‘(C) DELINQUENT STATES.—If a State is

5 delinquent in payment of the State’s share of

6 administrative expenses of the Authority under

7 this subsection—

8 ‘‘(i) no assistance under this subtitle

9 shall be furnished to the State (including

10 assistance to a political subdivision or a

11 resident of the State); and

12 ‘‘(ii) no member of the Authority from

13 the State shall participate or vote in any

14 action by the Authority.

15 ‘‘(h) COMPENSATION.—

16 ‘‘(1) FEDERAL COCHAIRPERSON.—The Federal

17 cochairperson shall be compensated by the Federal

18 Government at level III of the Executive Schedule in

19 subchapter II of chapter 53 of title V, United States

20 Code.

21 ‘‘(2) ALTERNATE FEDERAL COCHAIRPERSON.—

22 The alternate Federal cochairperson—

23 ‘‘(A) shall be compensated by the Federal

24 Government at level V of the Executive Sched25 ule described in paragraph (1); and
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1 ‘‘(B) when not actively serving as an alter2 nate for the Federal cochairperson, shall per3 form such functions and duties as are delegated

4 by the Federal cochairperson.

5 ‘‘(3) STATE MEMBERS AND ALTERNATES.—

6 ‘‘(A) IN GENERAL.—A State shall com7 pensate each member and alternate rep8 resenting the State on the Authority at the rate

9 established by law of the State.

10 ‘‘(B) NO ADDITIONAL COMPENSATION.—

11 No State member or alternate member shall re12 ceive any salary, or any contribution to or sup13 plementation of salary from any source other

14 than the State for services provided by the

15 member or alternate to the Authority.

16 ‘‘(4) DETAILED EMPLOYEES.—

17 ‘‘(A) IN GENERAL.—No person detailed to

18 serve the Authority under subsection (e)(6)

19 shall receive any salary or any contribution to

20 or supplementation of salary for services pro21 vided to the Authority from—

22 ‘‘(i) any source other than the State,

23 local, or intergovernmental department or

24 agency from which the person was detailed;

25 or
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1 ‘‘(ii) the Authority.

2 ‘‘(B) VIOLATION.—Any person that vio3 lates this paragraph shall be fined not more

4 than $5,000, imprisoned not more than 1 year,

5 or both.

6 ‘‘(C) APPLICABLE LAW.—The Federal co7 chairperson, the alternate Federal cochair8 person, and any Federal officer or employee de9 tailed to duty on the Authority under sub10 section (e)(5) shall not be subject to subpara11 graph (A), but shall remain subject to sections

12 202 through 209 of title 18, United States

13 Code.

14 ‘‘(5) ADDITIONAL PERSONNEL.—

15 ‘‘(A) COMPENSATION.—

16 ‘‘(i) IN GENERAL.—The Authority

17 may appoint and fix the compensation of

18 an executive director and such other per19 sonnel as are necessary to enable the Au20 thority to carry out the duties of the Au21 thority.

22 ‘‘(ii) EXCEPTION.—Compensation de23 scribed under clause (i) shall not exceed

24 the maximum rate for the Senior Executive

25 Service under section 5382 of title 5,
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1 United States Code, including any applica2 ble locality-based comparability payment

3 that may be authorized under section

4 5304(h)(2)(C) of that title.

5 ‘‘(B) EXECUTIVE DIRECTOR.—The execu6 tive director shall be responsible for—

7 ‘‘(i) the carrying out of the adminis8 trative functions of the Authority;

9 ‘‘(ii) direction of the Authority staff;

10 and

11 ‘‘(iii) such other duties as the Author12 ity may assign.

13 ‘‘(C) NO FEDERAL EMPLOYEE STATUS.—

14 No member, alternate, officer, or employee of

15 the Authority (except the Federal cochairperson

16 of the Authority, the alternate and staff for the

17 Federal cochairperson, and any Federal em18 ployee detailed to the Authority under sub19 section (e)(5)) shall be considered to be a Fed20 eral employee for any purpose.

21 ‘‘(i) CONFLICTS OF INTEREST.—

22 ‘‘(1) IN GENERAL.—Except as provided under

23 paragraph (2), no State member, alternate, officer,

24 or employee of the Authority shall participate per25 sonally and substantially as a member, alternate, of-
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1 ficer, or employee of the Authority, through decision,

2 approval, disapproval, recommendation, the ren3 dering of advice, investigation, or otherwise, in any

4 proceeding, application, request for a ruling or other

5 determination, contract, claim, controversy, or other

6 matter in which, to knowledge of the member, alter7 nate, officer, or employee—

8 ‘‘(A) the member, alternate, officer, or em9 ployee;

10 ‘‘(B) the spouse, minor child, partner, or

11 organization (other than a State or political

12 subdivision thereof) of the member, alternate,

13 officer, or employee, in which the member, al14 ternate, officer, or employee is serving as offi15 cer, director, trustee, partner, or employee; or

16 ‘‘(C) any person or organization with

17 whom the member, alternate, officer, or em18 ployee is negotiating or has any arrangement

19 concerning prospective employment;

20 has a financial interest.

21 ‘‘(2) DISCLOSURE.—Paragraph (1) shall not

22 apply if the State member, alternate, officer, or

23 employee—

24 ‘‘(A) immediately advises the Authority of

25 the nature and circumstances of the proceeding,
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1 application, request for a ruling or other deter2 mination, contract, claim, controversy, or other

3 particular matter presenting a conflict of inter4 est;

5 ‘‘(B) makes full disclosure of the financial

6 interest; and

7 ‘‘(C) before the proceeding concerning the

8 matter presenting the conflict of interest, re9 ceives a written determination by the Authority

10 that the interest is not so substantial as to be

11 likely to affect the integrity of the services that

12 the Authority may expect from the State mem13 ber, alternate, officer, or employee.

14 ‘‘(3) VIOLATION.—Any person that violates this

15 subsection shall be fined not more than $10,000, im16 prisoned not more than 2 years, or both.

17 ‘‘(j) VALIDITY OF CONTRACTS, LOANS, AND

18 GRANTS.—The Authority may declare void any contract,

19 loan, or grant of or by the Authority in relation to which

20 the Authority determines that there has been a violation

21 of any provision under subsection (h)(4), subsection (i),

22 or sections 202 through 209 of title 18, United States

23 Code.
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1 ‘‘SEC. 382C. ECONOMIC AND COMMUNITY DEVELOPMENT

2 GRANTS.

3 ‘‘(a) IN GENERAL.—The Authority may approve

4 grants to States and public and nonprofit entities for

5 projects, approved in accordance with section 382I—

6 ‘‘(1) to assist the region in obtaining the job

7 training and employment-related education, leader8 ship, business, and civic development (with an em9 phasis on entrepreneurship), that are needed to

10 build and maintain strong local economies;

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

12 and underdeveloped counties that lack financial re13 sources for improving basic services;

14 ‘‘(3) to fund—

15 ‘‘(A) research, demonstrations, evaluations,

16 and assessments of the region; and

17 ‘‘(B) training programs, and construction

18 of necessary facilities, and the provision of tech19 nical assistance necessary to complete activities

20 described in subparagraph (A); or

21 ‘‘(4) to otherwise achieve the objectives of this

22 subtitle.

23 ‘‘(b) FUNDING.—

24 ‘‘(1) IN GENERAL.—Funds for grants under

25 subsection (a) may be provided—
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1 ‘‘(A) entirely from appropriations to carry

2 out this section;

3 ‘‘(B) in combination with funds available

4 under another Federal or Federal grant pro5 gram; or

6 ‘‘(C) from any other source.

7 ‘‘(2) PRIORITY OF FUNDING.—To best build the

8 foundations for long-term, self-sustaining economies

9 and to complement other Federal and State re10 sources in the region, Federal funds available under

11 this subtitle shall be focused on the activities in the

12 following order or priority:

13 ‘‘(A) Basic infrastructure in distressed

14 counties.

15 ‘‘(B) Job-related infrastructure.

16 ‘‘(C) Job training or employment-related

17 education.

18 ‘‘(D) Leadership and civic development.

19 ‘‘(E) Business development, with emphasis

20 on entrepreneurship.

21 ‘‘(3) FEDERAL SHARE IN GRANT PROGRAMS.—

22 Notwithstanding any provision of law limiting the

23 Federal share in any grant program, funds appro24 priated to carry out this section may be used to in-
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1 crease a Federal share in a grant program, as the

2 Authority determines to be appropriate.

3 ‘‘SEC. 382D. SUPPLEMENTS TO FEDERAL GRANT PRO4 GRAMS.

5 ‘‘(a) FINDING.—Congress finds that certain people,

6 States, and local communities of the region, including local

7 development districts, are unable to take maximum advan8 tage of Federal grant programs for which the people are

9 eligible because—

10 ‘‘(1) they lack the economic resources to supply

11 the required matching share; or

12 ‘‘(2) there are insufficient funds available under

13 the applicable Federal grant law authorizing the

14 program to meet pressing needs of the region.

15 ‘‘(b) FEDERAL GRANT PROGRAM FUNDING.—In ac16 cordance with subsection (c), the Federal cochairperson

17 may use amounts made available to carry out this subtitle,

18 without regard to any limitations on areas eligible for as19 sistance or authorizations for appropriation under any

20 other Act to fund all or any portion of the basic Federal

21 contribution to a project or activity under a Federal grant

22 program in an amount that is above the fixed maximum

23 portion of the cost of the project otherwise authorized by

24 the applicable law, not to exceed 80 percent of the costs

25 of the project except as provided in section 382F(b).
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1 ‘‘(c) CERTIFICATION.—

2 ‘‘(1) IN GENERAL.—In the case of any program

3 or project for which all or any portion of the basic

4 Federal contribution to the project under a Federal

5 grant program is proposed to be made under this

6 section, no Federal contribution shall be made until

7 the Federal official administering the Federal law

8 authorizing the contribution certifies that the pro9 gram or project—

10 ‘‘(A) meets the applicable requirements of

11 the applicable Federal grant law; and

12 ‘‘(B) could be approved for Federal con13 tribution under the law if funds were available

14 under the law for the program or project.

15 ‘‘(2) CERTIFICATION BY AUTHORITY.—

16 ‘‘(A) IN GENERAL.—The certifications and

17 determinations required to be made by the Au18 thority for approval of projects under this sub19 title in accordance with section 382I—

20 ‘‘(i) shall be controlling; and

21 ‘‘(ii) shall be accepted by the Federal

22 agencies.

23 ‘‘(B) ACCEPTANCE BY FEDERAL COCHAIR24 PERSON.—Any finding, report, certification, or

25 documentation required to be submitted to the
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1 head of the department, agency, or instrumen2 tality of the Federal Government responsible for

3 the administration of any Federal grant pro4 gram shall be accepted by the Federal cochair5 person with respect to a supplemental grant for

6 any project under the program.

7 ‘‘SEC. 382E. LOCAL DEVELOPMENT DISTRICTS; CERTIFI8 CATION AND ADMINISTRATIVE EXPENSES.

9 ‘‘(a) DEFINITION OF LOCAL DEVELOPMENT DIS10 TRICT.—In this section, the term ‘‘local development dis11 trict’’ means an entity that is—

12 ‘‘(1) organized and operated in a manner that

13 ensures broad-based community participation and an

14 effective opportunity for other nonprofit and citizen

15 groups to contribute to the development and imple16 mentation of programs in the region;

17 ‘‘(2) certified to the Authority as having a char18 ter or authority that includes the economic develop19 ment of counties or parts of counties or other polit20 ical subdivisions within the region—

21 ‘‘(A) by the Governor of each State in

22 which the entity is located; or

23 ‘‘(B) by the State officer designated by the

24 appropriate State law to make the certification;

25 and
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1 ‘‘(3) is—

2 ‘‘(A) a nonprofit incorporated body orga3 nized or chartered under the law of the State

4 in which the entity is located;

5 ‘‘(B) a nonprofit agency or instrumentality

6 of a State or local government;

7 ‘‘(C) a nonprofit agency or instrumentality

8 created through an interstate compact; or

9 ‘‘(D) a nonprofit association or combina10 tion of bodies, agencies, and instrumentalities

11 described in subparagraphs (A) through (C).

12 ‘‘(b) GRANTS TO LOCAL DEVELOPMENT DIS13 TRICTS.—

14 ‘‘(1) IN GENERAL.—The Authority may make

15 grants for administrative expenses of local develop16 ment districts.

17 ‘‘(2) CONDITIONS FOR GRANTS.—

18 ‘‘(A) MAXIMUM AMOUNT.—The amount of

19 any grant awarded under paragraph (1) shall

20 not exceed 80 percent of the administrative ex21 penses of the local development district receiv22 ing the grant.

23 ‘‘(B) MAXIMUM PERIOD.—No grant de24 scribed in paragraph (1) shall be awarded to a
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1 State agency certified as a local development

2 district for a period greater than 3 years.

3 ‘‘(C) LOCAL SHARE.—The contributions of

4 a local development district for administrative

5 expenses may be in cash or in kind, fairly evalu6 ated, including space, equipment, and services.

7 ‘‘(c) DUTIES OF LOCAL DEVELOPMENT DIS8 TRICTS.—Local development districts—

9 ‘‘(1) shall operate as lead organizations serving

10 multicounty areas in the region at the local level;

11 and

12 ‘‘(2) shall serve as a liaison between State and

13 local governments, nonprofit organizations (including

14 community-based groups and educational institu15 tions), the business community, and citizens that—

16 ‘‘(A) are involved in multijurisdictional

17 planning;

18 ‘‘(B) provide technical assistance to local

19 jurisdictions and potential grantees; and

20 ‘‘(C) provide leadership and civic develop21 ment assistance.

22 ‘‘SEC. 382F. DISTRESSED COUNTIES AND ECONOMICALLY

23 STRONG COUNTIES.

24 ‘‘(a) DESIGNATIONS.—Not later than 90 days after

25 the date of enactment of this subtitle, and annually there-
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1 after, the Authority, in accordance with such criteria as

2 the Authority may establish, shall designate—

3 ‘‘(1) as distressed counties, counties in the re4 gion that are the most severely and persistently dis5 tressed and underdeveloped;

6 ‘‘(2) as economically strong counties, counties

7 in the region that are approaching or have reached

8 economic parity with the rest of the United States;

9 and

10 ‘‘(3) as isolated areas of distress, areas located

11 in an economically strong county that have high

12 rates of poverty or unemployment.

13 ‘‘(b) DISTRESSED COUNTIES.—

14 ‘‘(1) IN GENERAL.—The Authority shall allo15 cate at least 50 percent of the appropriations made

16 available under section 382N for programs and

17 projects designed to serve the needs of distressed

18 counties in the region.

19 ‘‘(2) FUNDING LIMITATIONS.—The funding lim20 itations under section 382D(b) shall not apply to

21 projects providing basic services to residents in 1 or

22 more distressed counties in the region.

23 ‘‘(c) ECONOMICALLY STRONG COUNTIES.—

24 ‘‘(1) IN GENERAL.—Except as provided in this

25 subsection, no funds shall be provided under this
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1 subtitle for a project located in a county designated

2 as an economically strong county under subsection

3 (a).

4 ‘‘(2) EXCEPTIONS.—

5 ‘‘(A) IN GENERAL.—The funding prohibi6 tion under paragraph (1) shall not apply to

7 grants to fund the administrative expenses of

8 local development districts under section

9 382E(b).

10 ‘‘(B) MULTICOUNTY PROJECTS.—The Au11 thority may approve additional exceptions to

12 the funding prohibition under paragraph (1)

13 for—

14 ‘‘(i) multicounty projects that include

15 participation by an economically strong

16 county; and

17 ‘‘(ii) any other type of project, if the

18 Authority determines that the project could

19 bring significant benefits to areas of the

20 region outside an economically strong

21 county.

22 ‘‘(C) ISOLATED AREAS OF DISTRESS.—

23 ‘‘(i) IN GENERAL.—An isolated area

24 of distress shall be eligible for assistance at

25 the discretion of the Authority.
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1 ‘‘(ii) DETERMINATION.—A determina2 tion of eligibility of an isolated area of dis3 tress for assistance shall be supported—

4 ‘‘(I) by the most recent Federal

5 data available; or

6 ‘‘(II) if no recent Federal data

7 are available, by the most recent data

8 available through the government of

9 the State in which the isolated area of

10 distress is located.

11 ‘‘SEC. 382G. DEVELOPMENT PLANNING PROCESS.

12 ‘‘(a) STATE DEVELOPMENT PLAN.—In accordance

13 with policies established by the Authority, each State

14 member shall submit on such schedule as the Authority

15 shall prescribe a development plan for the area of the re16 gion represented by the State member.

17 ‘‘(b) CONTENT OF PLAN.—A State development plan

18 submitted under subsection (a) shall—

19 ‘‘(1) reflect the goals, objectives, and priorities

20 identified in the regional development plan under

21 section 382B(d);

22 ‘‘(2) describe—

23 ‘‘(A) the organization and continuous proc24 ess for development planning of the State, in25 cluding the procedures established by the State
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1 for the participation of local development dis2 tricts in the development planning process;

3 ‘‘(B) the means by which the development

4 planning process of the State is related to over5 all State-wide planning and budgeting proc6 esses; and

7 ‘‘(C) the method of coordinating planning

8 and projects in the region under this subtitle

9 and other Federal, State, and local programs;

10 ‘‘(3)(A) identify the goals, objectives, priorities,

11 and expected outcomes of the State for the region,

12 as determined by the Governor;

13 ‘‘(B) identify the needs on which those goals,

14 objectives, priorities are based; and

15 ‘‘(C) describe the development strategy for

16 achieving and the expected outcomes of those goals,

17 objectives, and priorities; and

18 ‘‘(4) describe how strategies proposed in the

19 plan would advance the objectives of this subtitle.

20 ‘‘(c) CONSULTATION WITH INTERESTED LOCAL PAR21 TIES.—In carrying out the development planning process

22 (including the selection of programs and projects for as23 sistance), a State shall—

24 ‘‘(1) consult with—

25 ‘‘(A) local development districts;
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1 ‘‘(B) local units of government; and

2 ‘‘(C) citizen groups; and

3 ‘‘(2) take into consideration the goals, objec4 tives, priorities, and recommendations of the entities

5 identified in paragraph (1).

6 ‘‘(d) PUBLIC PARTICIPATION.—

7 ‘‘(1) IN GENERAL.—The Authority and applica8 ble State and local development districts shall en9 courage and assist, to the maximum extent prac10 ticable, public participation in the development, revi11 sion, and implementation of all plans and programs

12 under this subtitle.

13 ‘‘(2) REGULATIONS.—The Authority shall de14 velop guidelines specifying minimum goals for public

15 participation described in paragraph (1), including

16 public hearings.

17 ‘‘SEC. 382H. PROGRAM DEVELOPMENT CRITERIA.

18 ‘‘(a) IN GENERAL.—In considering programs and

19 projects to be provided assistance under this subtitle, and

20 in establishing a priority ranking of the requests for as21 sistance presented to the Authority, the Authority shall

22 follow procedures that ensure, to the maximum extent

23 practicable, consideration of—

24 ‘‘(1) the relationship of the project or class of

25 projects to overall regional development;
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1 ‘‘(2) the per capita income and poverty and un2 employment rates in the area;

3 ‘‘(3) the financial resources available to the ap4 plicants for assistance seeking to carry out the

5 project;

6 ‘‘(4) the importance of the project or class of

7 projects in relation to other projects or classes of

8 projects that may be in competition for the same

9 funds;

10 ‘‘(5) the prospects that the project for which as11 sistance is sought will improve, on a continuing rath12 er than a temporary basis, the opportunities for em13 ployment, the average level of income, or the eco14 nomic and social development of the area served by

15 the project; and

16 ‘‘(6) the extent to which the project design pro17 vides for detailed outcome measurements by which

18 grant expenditures and the results of the expendi19 tures may be evaluated.

20 ‘‘(b) NO RELOCATION ASSISTANCE.—No financial

21 assistance authorized by this subtitle shall be used to as22 sist a person or entity in relocating from 1 area to an23 other.

24 ‘‘(c) REDUCTION OF FUNDS.—Funds may be pro25 vided for a program or project in a State under this sub-
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1 title only if the Authority determines that the level of Fed2 eral or State financial assistance provided under a law

3 other than this subtitle, for the same type of program or

4 project in the same area of the State within the region,

5 will not be reduced so as to substitute funds authorized

6 by this subtitle.

7 ‘‘SEC. 382I. APPROVAL OF DEVELOPMENT PLANS AND

8 PROJECTS.

9 ‘‘(a) IN GENERAL.—A State or regional development

10 plan or any multistate subregional plan that is proposed

11 for development under this subtitle shall be reviewed for

12 approval by the Authority in accordance with section

13 382B(e)(3).

14 ‘‘(b) EVALUATION BY STATE MEMBER.—An applica15 tion for a grant or any other assistance for a project under

16 this subtitle shall be made through and evaluated for ap17 proval by the State member of the Authority representing

18 the applicant.

19 ‘‘(c) CERTIFICATION.—An application for a grant or

20 other assistance for a project shall be approved only on

21 certification by the State member and the Federal cochair22 person that the application—

23 ‘‘(1) reflects an intent that the project comply

24 with any applicableState development plan;
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1 ‘‘(2) meets applicable criteria under section

2 382H;

3 ‘‘(3) provides adequate assurance that the pro4 posed project will be properly administered, oper5 ated, and maintained; and

6 ‘‘(4) otherwise meets the requirements of this

7 subtitle.

8 ‘‘(d) VOTES FOR DECISIONS.—The certification by a

9 State member of an application for a grant or other assist10 ance for a specific project under this section shall, when

11 joined by an affirmative vote of the Federal cochairperson

12 for the application, be considered to satisfy the require13 ments for affirmative votes for decisions under section

14 382B.

15 ‘‘SEC. 382J. CONSENT OF STATES.

16 Nothing in this subtitle requires any State to engage

17 in or accept any program under this subtitle without the

18 consent of the State.

19 ‘‘SEC. 382K. RECORDS.

20 ‘‘(a) RECORDS OF THE AUTHORITY.—

21 ‘‘(1) IN GENERAL.—The Authority shall main22 tain accurate and complete records of all trans23 actions and activities of the Authority financed with

24 Federal funds.
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1 ‘‘(2) AVAILABILITY.—All records of the Author2 ity shall be available for audit and examination by

3 the Comptroller General of the United States (in4 cluding authorized representatives of the Comp5 troller General).

6 ‘‘(b) RECORDS OF RECIPIENTS OF FEDERAL ASSIST7 ANCE.—

8 ‘‘(1) IN GENERAL.—Recipients of Federal as9 sistance under this subtitle shall, as required by the

10 Authority, maintain accurate and complete records

11 of transactions and activities financed with Federal

12 funds and report on the transactions and activities

13 to the Authority.

14 ‘‘(2) AVAILABILITY.—All records described in

15 paragraph (1) shall be available for audit by the

16 Comptroller General of the United States and the

17 Authority or their duly authorized representatives.

18 ‘‘SEC. 382L. ANNUAL REPORT.

19 ‘‘Not later than 180 days after the end of each fiscal

20 year, the Authority shall submit to the President and to

21 Congress a report describing the activities carried out

22 under this subtitle.

23 ‘‘SEC. 382M. AUTHORIZATION OF APPROPRIATIONS.

24 ‘‘(a) IN GENERAL.—There is authorized to be appro25 priated to the Authority to carry out this subtitle
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1 $30,000,000 for each of fiscal years 2001 through 2005,

2 to remain available until expended.

3 ‘‘(b) ADMINISTRATIVE EXPENSES.—Not more than 5

4 percent of the amount appropriated under subsection (a)

5 shall be used for administrative expenses.’’.

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