I 

110TH CONGRESS 

1ST SESSION H. R. 1548 

To establish the Northern Border Economic Development Commission, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2007 

Mr. HODES (for himself, Mr. MICHAUD, Mr. ARCURI, Mr. MCHUGH, Mr. 

ALLEN, and Mr. WELCH of Vermont) introduced the following bill; which 

was referred to the Committee on Transportation and Infrastructure, and 

in addition to the Committee on 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 establish the Northern Border Economic Development 

Commission, and for other purposes. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Northern Border Economic Development Commission 

6 Act of 2007’’. 

7 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 


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Sec. 3. Northern Border Economic Development Commission. 

Sec. 4. Economic and community development grants. 

Sec. 5. Supplements to Federal grant programs. 

Sec. 6. Local development districts; certification and administrative expenses. 

Sec. 7. Development planning process. 

Sec. 8. Program development criteria. 

Sec. 9. Approval of development plans and projects. 

Sec. 10. Consent of States. 

Sec. 11. Records. 

Sec. 12. Annual report. 

Sec. 13. Authorization of appropriations. 

Sec. 14. Termination of Commission. 

Sec. 15. Region of Northern Border Economic Development Commission. 

1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions apply: 

3 (1) COMMISSION.—The term ‘‘Commission’’ 

4 means the Northern Border Economic Development 

5 Commission established by section 3. 

6 (2) FEDERAL GRANT PROGRAM.—The term 

7 ‘‘Federal grant program’’ means a Federal grant 

8 program to provide assistance in carrying out eco9 nomic and community development activities and 

10 conservation activities that are consistent with eco11 nomic development. 

12 (3) NON-PROFIT ENTITY.—The term ‘‘non-prof13 it entity’’ means any entity with tax-exempt or non14 profit status, as defined by the Internal Revenue 

15 Service. 

16 (4) REGION.—The term ‘‘region’’ means the 

17 area covered by the Commission (as described in sec18 tion 15). 


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1 SEC. 3. NORTHERN BORDER ECONOMIC DEVELOPMENT 

2 COMMISSION. 

3 (a) ESTABLISHMENT.— 

4 (1) IN GENERAL.—There is established the 

5 Northern Border Economic Development Commis6 sion. 

7 (2) COMPOSITION.—The Commission shall be 

8 composed of— 

9 (A) a Federal member, to be appointed by 

10 the President, with the advice and consent of 

11 the Senate; and 

12 (B) the Governor of each State in the re13 gion that elects to participate in the Commis14 sion. 

15 (3) COCHAIRPERSONS.—The Commission shall 

16 be headed by— 

17 (A) the Federal member, who shall serve— 

18 (i) as the Federal cochairperson; and 

19 (ii) as a liaison between the Federal 

20 Government and the Commission; and 

21 (B) a State cochairperson, who— 

22 (i) shall be a Governor of a partici23 pating State in the region; and 

24 (ii) shall be elected by the State mem25 bers for a term of not less than 1 year. 

26 (b) ALTERNATE MEMBERS.— 


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1 (1) STATE ALTERNATES.— 

2 (A) APPOINTMENT.—The State member of 

3 a participating State may have a single alter4 nate, who shall be appointed by the Governor of 

5 the State from among the Governor’s cabinet or 

6 personal staff. 

7 (B) VOTING.—An alternate shall vote in 

8 the event of the absence, death, disability, re9 moval, or resignation of the member for whom 

10 the individual is an alternate. 

11 (2) ALTERNATE FEDERAL COCHAIRPERSON.— 

12 The President shall appoint an alternate Federal co13 chairperson. 

14 (3) QUORUM.— 

15 (A) IN GENERAL.—Subject to the require16 ments of this paragraph, the Commission shall 

17 determine what constitutes a quorum of the 

18 Commission. 

19 (B) FEDERAL COCHAIRPERSON.—The 

20 Federal cochairperson or the Federal cochair21 person’s designee must be present for the estab22 lishment of a quorum of the Commission. 

23 (C) STATE ALTERNATES.—A State alter24 nate shall not be counted toward the establish25 ment of a quorum of the Commission. 


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1 (4) DELEGATION OF POWER.—No power or re2 sponsibility of the Commission specified in para3 graphs (3) and (4) of subsection (c), and no voting 

4 right of any Commission member, shall be delegated 

5 to any person— 

6 (A) who is not a Commission member; or 

7 (B) who is not entitled to vote in Commis8 sion meetings. 

9 (c) DECISIONS.— 

10 (1) REQUIREMENTS FOR APPROVAL.—Except 

11 as provided in subsection (g), decisions by the Com12 mission shall require the affirmative vote of the Fed13 eral cochairperson and of a majority of the State 

14 members, exclusive of members representing States 

15 delinquent under subsection (g)(2)(C). 

16 (2) CONSULTATION.—In matters coming before 

17 the Commission, the Federal cochairperson, to the 

18 extent practicable, shall consult with the Federal de19 partments and agencies having an interest in the 

20 subject matter. 

21 (3) DECISIONS REQUIRING QUORUM OF STATE

22 MEMBERS.—The following decisions may not be 

23 made without a quorum of State members: 

24 (A) A decision involving Commission pol25 icy. 


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1 (B) Approval of State, regional, or sub2 regional development plans or strategy state3 ments. 

4 (C) Modification or revision of the Com5 mission’s code. 

6 (D) Allocation of amounts among the 

7 States. 

8 (4) PROJECT AND GRANT PROPOSALS.—The ap9 proval of project and grant proposals is a responsi10 bility of the Commission and shall be carried out in 

11 accordance with section 9. 

12 (d) DUTIES.—The Commission shall— 

13 (1) develop, on a continuing basis, comprehen14 sive and coordinated plans and programs to establish 

15 priorities and approve grants for the economic devel16 opment of the region, giving due consideration to 

17 other Federal, State, and local planning and devel18 opment activities in the region; 

19 (2) not later than 365 days after the date of 

20 enactment of this Act, establish priorities in a devel21 opment plan for the region (including 5-year re22 gional outcome targets); 

23 (3) assess the needs and capital assets of the 

24 region based on available research, demonstration 

25 projects, assessments, and evaluations of the region 


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1 prepared by Federal, State, or local agencies, local 

2 development districts, and any other relevant source; 

3 (4)(A) enhance the capacity of, and provide 

4 support for, local development districts in the region; 

5 or 

6 (B) if no local development district exists in an 

7 area in a participating State in the region, foster the 

8 creation of a local development district; 

9 (5) actively solicit the participation of rep10 resentatives of local development districts, industry 

11 groups, and other appropriate organizations as ap12 proved by the Commission, in all public proceedings 

13 of the Commission conducted under subsection 

14 (e)(1), either in-person or through interactive tele15 communications; 

16 (6) encourage private investment in industrial, 

17 commercial, and other economic development 

18 projects in the region; and 

19 (7) not later than 365 days after the date of 

20 enactment of this Act, initiate a special resource 

21 study for the north woods of Maine, which study— 

22 (A) shall be carried out in cooperation with 

23 appropriate local, State, and Federal officials; 

24 and 


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1 (B) shall examine land use, ownership, and 

2 development trends and propose options for fu3 ture management, ownership, conservation, and 

4 development of land to maximize job creation 

5 and ecological value. 

6 (e) ADMINISTRATION.—In carrying out subsection 

7 (d), the Commission may— 

8 (1) hold such hearings, sit and act at such 

9 times and places, take such testimony, receive such 

10 evidence, and print or otherwise reproduce and dis11 tribute a description of the proceedings and reports 

12 on actions by the Commission as the Commission 

13 considers appropriate; 

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

16 designated by the Commission, the administration of 

17 oaths if the Commission determines that testimony 

18 should be taken or evidence received under oath; 

19 (3) request from any Federal, State, or local 

20 department or agency such information as may be 

21 available to or procurable by the department or 

22 agency that may be of use to the Commission in car23 rying out duties of the Commission; 


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1 (4) adopt, amend, and repeal bylaws and rules 

2 governing the conduct of Commission business and 

3 the performance of Commission duties; 

4 (5) request the head of any Federal department 

5 or agency to detail to the Commission such per6 sonnel as the Commission requires to carry out du7 ties of the Commission, each such detail to be with8 out 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 Com11 mission such personnel as the Commission requires 

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

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

17 system by— 

18 (A) making arrangements or entering into 

19 contracts with any participating State govern20 ment; 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 or 

2 other transactions as are necessary to carry out 

3 Commission duties; 

4 (10) establish and maintain a central office lo5 cated within the Northern Border Economic Devel6 opment Commission region and field offices at such 

7 locations as the Commission may select; and 

8 (11) provide for an appropriate level of rep9 resentation in Washington, DC. 

10 (f) FEDERAL AGENCY COOPERATION.—A Federal 

11 agency shall— 

12 (1) cooperate with the Commission; and 

13 (2) provide, on request of the Federal cochair14 person, appropriate assistance in carrying out this 

15 Act, in accordance with applicable Federal laws (in16 cluding regulations). 

17 (g) ADMINISTRATIVE EXPENSES.— 

18 (1) IN GENERAL.—Administrative expenses of 

19 the Commission (except for the expenses of the Fed20 eral cochairperson, including expenses of the alter21 nate and staff of the Federal cochairperson, which 

22 shall be paid solely by the Federal Government) 

23 shall be paid— 


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1 (A) by the Federal Government, in an 

2 amount equal to 50 percent of the administra3 tive expenses; and 

4 (B) by the States in the region partici5 pating in the Commission, in an amount equal 

6 to 50 percent of the administrative expenses. 

7 (2) STATE SHARE.— 

8 (A) IN GENERAL.—The share of adminis9 trative expenses of the Commission to be paid 

10 by each State shall be determined by the Com11 mission. 

12 (B) NO FEDERAL PARTICIPATION.—The 

13 Federal cochairperson shall not participate or 

14 vote in any decision under subparagraph (A). 

15 (C) DELINQUENT STATES.—If a State is 

16 delinquent in payment of the State’s share of 

17 administrative expenses of the Commission 

18 under this subsection— 

19 (i) no assistance under this Act shall 

20 be furnished to the State (including assist21 ance to a political subdivision or a resident 

22 of the State); and 

23 (ii) no member of the Commission 

24 from the State shall participate or vote in 

25 any action by the Commission. 


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1 (h) COMPENSATION.— 

2 (1) FEDERAL COCHAIRPERSON.—The Federal 

3 cochairperson shall be compensated by the Federal 

4 Government at level III of the Executive Schedule in 

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

6 Code. 

7 (2) ALTERNATE FEDERAL COCHAIRPERSON.— 

8 The alternate Federal cochairperson— 

9 (A) shall be compensated by the Federal 

10 Government at level V of the Executive Sched11 ule described in paragraph (1); and 

12 (B) when not actively serving as an alter13 nate for the Federal cochairperson, shall per14 form such functions and duties as are delegated 

15 by the Federal cochairperson. 

16 (3) STATE MEMBERS AND ALTERNATES.— 

17 (A) IN GENERAL.—A State shall com18 pensate each member and alternate rep19 resenting the State on the Commission at the 

20 rate established by law of the State. 

21 (B) NO ADDITIONAL COMPENSATION.—No 

22 State member or alternate member shall receive 

23 any salary, or any contribution to or sup24 plementation of salary from any source other 


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1 than the State for services provided by the 

2 member or alternate to the Commission. 

3 (4) DETAILED EMPLOYEES.— 

4 (A) IN GENERAL.—No person detailed to 

5 serve the Commission under subsection (e)(6) 

6 shall receive any salary or any contribution to 

7 or supplementation of salary for services pro8 vided to the Commission from— 

9 (i) any source other than the State, 

10 local, or intergovernmental department or 

11 agency from which the person was detailed; 

12 or 

13 (ii) the Commission. 

14 (B) VIOLATION.—Any person that violates 

15 this paragraph shall be fined not more than 

16 $5,000, imprisoned not more than 1 year, or 

17 both. 

18 (C) APPLICABLE LAW.—The Federal co19 chairperson, the alternate Federal cochair20 person, and any Federal officer or employee de21 tailed to duty on the Commission under sub22 section (e)(5) shall not be subject to subpara23 graph (A), but shall remain subject to sections 

24 202 through 209 of title 18, United States 

25 Code. 


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1 (5) ADDITIONAL PERSONNEL.— 

2 (A) COMPENSATION.— 

3 (i) IN GENERAL.—The Commission 

4 may appoint and fix the compensation of 

5 an executive director and such other per6 sonnel as are necessary to enable the Com7 mission to carry out the duties of the Com8 mission. 

9 (ii) EXCEPTION.—Compensation 

10 under clause (i) shall not exceed the max11 imum rate for the Senior Executive Service 

12 under section 5382 of title 5, United 

13 States Code, including any applicable local14 ity-based comparability payment that may 

15 be authorized under section 5304(h)(2)(C) 

16 of that title. 

17 (B) EXECUTIVE DIRECTOR.—The executive 

18 director shall be responsible for— 

19 (i) the carrying out of the administra20 tive duties of the Commission; 

21 (ii) direction of the Commission staff; 

22 and 

23 (iii) such other duties as the Commis24 sion may assign. 


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1 (C) NO FEDERAL EMPLOYEE STATUS.—No 

2 member, alternate, officer, or employee of the 

3 Commission (except the Federal cochairperson 

4 of the Commission, the alternate and staff for 

5 the Federal cochairperson, and any Federal em6 ployee detailed to the Commission under sub7 section (e)(5)) shall be considered to be a Fed8 eral employee for any purpose. 

9 (i) CONFLICTS OF INTEREST.— 

10 (1) IN GENERAL.—Except as provided under 

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

12 or employee of the Commission shall participate per13 sonally and substantially as a member, alternate, of14 ficer, or employee of the Commission, through deci15 sion, approval, disapproval, recommendation, the 

16 rendering of advice, investigation, or otherwise, in 

17 any proceeding, application, request for a ruling or 

18 other determination, contract, claim, controversy, or 

19 other matter in which, to knowledge of the member, 

20 alternate, officer, or employee any of the following 

21 persons has a financial interest: 

22 (A) The member, alternate, officer, or em23 ployee. 

24 (B) The spouse, minor child, partner, or 

25 organization (other than a State or political 


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1 subdivision of the State) of the member, alter2 nate, officer, or employee, in which the member, 

3 alternate, officer, or employee is serving as offi4 cer, director, trustee, partner, or employee. 

5 (C) Any person or organization with whom 

6 the member, alternate, officer, or employee is 

7 negotiating or has any arrangement concerning 

8 prospective employment. 

9 (2) DISCLOSURE.—Paragraph (1) shall not 

10 apply if the State member, alternate, officer, or em11 ployee— 

12 (A) immediately advises the Commission of 

13 the nature and circumstances of the proceeding, 

14 application, request for a ruling or other deter15 mination, contract, claim, controversy, or other 

16 particular matter presenting a potential conflict 

17 of interest; 

18 (B) makes full disclosure of the financial 

19 interest; and 

20 (C) before the proceeding concerning the 

21 matter presenting the conflict of interest, re22 ceives a written determination by the Commis23 sion that the interest is not so substantial as to 

24 be likely to affect the integrity of the services 


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1 that the Commission may expect from the State 

2 member, alternate, officer, or employee. 

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

4 subsection shall be fined not more than $10,000, im5 prisoned not more than 2 years, or both. 

6 (j) VALIDITY OF CONTRACTS, LOANS, AND

7 GRANTS.—The Commission may declare void any con8 tract, loan, or grant of or by the Commission in relation 

9 to which the Commission determines that there has been 

10 a violation of any provision under subsection (h)(4), sub11 section (i), or sections 202 through 209 of title 18, United 

12 States Code. 

13 SEC. 4. ECONOMIC AND COMMUNITY DEVELOPMENT 

14 GRANTS. 

15 (a) IN GENERAL.—The Commission may approve 

16 grants to States, local development districts (as defined 

17 in section 6(a)), and public and nonprofit entities for 

18 projects, approved in accordance with section 9— 

19 (1) to develop the infrastructure of the region 

20 for the purpose of facilitating economic development 

21 in the region (except that grants for this purpose 

22 may only be made to a State or local government); 

23 (2) to assist the region in obtaining job train24 ing, employment-related education, business developVerDate Aug 31 2005 00:02 Mar 20, 2007 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H1548.IH H1548

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1 ment, and small business development and entrepre2 neurship; 

3 (3) to assist the region in community and eco4 nomic development; 

5 (4) to support the development of severely dis6 tressed and underdeveloped areas; 

7 (5) to promote resource conservation, tourism, 

8 recreation, and preservation of open space in a man9 ner consistent with economic development goals; 

10 (6) to promote the development of renewable 

11 and alternative energy sources; and 

12 (7) to achieve the purposes of this Act. 

13 (b) FUNDING.— 

14 (1) IN GENERAL.—Funds for grants under sub15 section (a) may be provided— 

16 (A) entirely from appropriations to carry 

17 out this section; 

18 (B) in combination with funds available 

19 under another State or Federal grant program; 

20 or 

21 (C) from any other source. 

22 (2) ELIGIBLE PROJECTS.—The Commission 

23 may provide assistance, make grants, enter into con24 tracts, and otherwise provide funds to eligible enti25 ties in the region for projects that promote— 


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1 (A) business development; 

2 (B) job training or employment-related 

3 education; 

4 (C) small business and entrepreneurship; 

5 (D) local planning and leadership develop6 ment; 

7 (E) basic public infrastructure, including 

8 high-tech infrastructure and productive natural 

9 resource conservation; 

10 (F) information and technical assistance 

11 for the modernization and diversification of the 

12 forest products industry to support value-added 

13 forest products enterprises; 

14 (G) forest-related cultural, nature-based, 

15 and heritage tourism; 

16 (H) energy conservation and efficiency in 

17 the region to enhance its economic competitive18 ness; 

19 (I) the use of renewable energy sources in 

20 the region to produce alternative transportation 

21 fuels, electricity and heat; and 

22 (J) any other activity facilitating economic 

23 development in the region. 

24 (3) FEDERAL SHARE.—Notwithstanding any 

25 provision of law limiting the Federal share in any 


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1 grant program, funds appropriated or otherwise 

2 made available to carry out this section may be used 

3 to increase a Federal share in a grant program, as 

4 the Commission determines appropriate. 

5 SEC. 5. SUPPLEMENTS TO FEDERAL GRANT PROGRAMS. 

6 (a) FEDERAL GRANT PROGRAM FUNDING.—In ac7 cordance with subsection (b), the Federal cochairperson 

8 may use amounts made available to carry out this Act, 

9 without regard to any limitations on areas eligible for as10 sistance or authorizations for appropriation under any 

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

12 contribution to a project or activity under a Federal grant 

13 program in the region in an amount that is above the fixed 

14 maximum portion of the cost of the project otherwise au15 thorized by applicable law, but not to exceed 80 percent 

16 of the costs of the project. 

17 (b) CERTIFICATION.— 

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

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

20 Federal contribution to the project under a Federal 

21 grant program is proposed to be made under this 

22 section, no Federal contribution shall be made until 

23 the Federal official administering the Federal law 

24 authorizing the contribution certifies that the pro25 gram or project— 


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1 (A) meets the applicable requirements of 

2 the applicable Federal grant law; and 

3 (B) could be approved for Federal con4 tribution under the law if funds were available 

5 under the law for the program or project. 

6 (2) CERTIFICATION BY COMMISSION.— 

7 (A) IN GENERAL.—The certifications and 

8 determinations required to be made by the 

9 Commission for approval of projects under this 

10 Act in accordance with section 9— 

11 (i) shall be controlling; and 

12 (ii) shall be accepted by the Federal 

13 agencies. 

14 (B) ACCEPTANCE BY FEDERAL COCHAIR15 PERSON.—Any finding, report, certification, or 

16 documentation required to be submitted to the 

17 head of the department, agency, or instrumen18 tality of the Federal Government responsible for 

19 the administration of any Federal grant pro20 gram shall be accepted by the Federal cochair21 person with respect to a supplemental grant for 

22 any project under the program. 


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1 SEC. 6. LOCAL DEVELOPMENT DISTRICTS; CERTIFICATION 

2 AND ADMINISTRATIVE EXPENSES. 

3 (a) DEFINITION OF LOCAL DEVELOPMENT DIS4 TRICT.—In this section, the term ‘‘local development dis5 trict’’ means an entity designated by the State that— 

6 (1) is— 

7 (A)(i) a planning district in existence on 

8 the date of enactment of this Act that is recog9 nized by the Economic Development Adminis10 tration of the Department of Commerce; or 

11 (ii) a development district recognized by 

12 the State; or 

13 (B) if an entity described in subparagraph 

14 (A)(i) or (A)(ii) does not exist, an entity des15 ignated by the Commission that satisfies the 

16 criteria developed by the Economic Develop17 ment Administration for a local development 

18 district; and 

19 (2) has not, as certified by the Federal cochair20 person— 

21 (A) inappropriately used Federal grant 

22 funds from any Federal source; or 

23 (B) appointed an officer who, during the 

24 period in which another entity inappropriately 

25 used Federal grant funds from any Federal 

26 source, was an officer of the other entity. 


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1 (b) GRANTS TO LOCAL DEVELOPMENT DISTRICTS.— 

2 (1) IN GENERAL.—The Commission may make 

3 grants for administrative expenses under this sec4 tion. 

5 (2) CONDITIONS FOR GRANTS.— 

6 (A) MAXIMUM AMOUNT.—The amount of 

7 any grant awarded under paragraph (1) shall 

8 not exceed 80 percent of the administrative ex9 penses of the local development district receiv10 ing the grant. 

11 (B) LOCAL SHARE.—The contributions of 

12 a local development district for administrative 

13 expenses may be in cash or in kind, fairly evalu14 ated, including space, equipment, and services. 

15 (c) DUTIES OF LOCAL DEVELOPMENT DISTRICTS.— 

16 A local development district shall— 

17 (1) operate as a lead organization serving 

18 multicounty areas in the region at the local level; 

19 and 

20 (2) serve as a liaison between State and local 

21 governments, nonprofit organizations (including 

22 community-based groups and educational institu23 tions), the business community, and citizens that— 

24 (A) are involved in multijurisdictional plan25 ning; 


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1 (B) provide technical assistance to local ju2 risdictions and potential grantees; and 

3 (C) provide leadership and civic develop4 ment assistance. 

5 SEC. 7. DEVELOPMENT PLANNING PROCESS. 

6 (a) STATE DEVELOPMENT PLAN.—In accordance 

7 with policies established by the Commission, each State 

8 member shall submit a development plan for the area of 

9 the region represented by the State member. 

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

11 submitted under subsection (a) shall reflect the goals, ob12 jectives, and priorities identified in the regional develop13 ment plan developed under section 3(d)(2). 

14 (c) CONSULTATION.—In carrying out the develop15 ment planning process, a State shall— 

16 (1) consult with— 

17 (A) local development districts; 

18 (B) local units of government; and 

19 (C) institutions of higher learning; and 

20 (2) take into consideration the goals, objectives, 

21 priorities, and recommendations of the entities de22 scribed in paragraph (1). 

23 (d) PUBLIC PARTICIPATION.—The Commission and 

24 applicable State and local development districts shall en25 courage and assist, to the maximum extent practicable, 


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1 public participation in the development, revision, and im2 plementation of all plans and programs under this Act. 

3 SEC. 8. PROGRAM DEVELOPMENT CRITERIA. 

4 (a) IN GENERAL.—In considering programs and 

5 projects to be provided assistance under this Act, and in 

6 establishing a priority ranking of the requests for assist7 ance provided by the Commission, the Commission shall 

8 follow procedures that ensure, to the maximum extent 

9 practicable, consideration of— 

10 (1) the relationship of the project to overall re11 gional development; 

12 (2) the economic distress of an area, including 

13 the per capita income, outmigration, poverty and un14 employment rates, and other socioeconomic indica15 tors for the area; 

16 (3) the financial resources available to the ap17 plicants for assistance seeking to carry out the 

18 project, with emphasis on ensuring that projects are 

19 adequately financed to maximize the probability of 

20 successful economic development; 

21 (4) the importance of the project in relation to 

22 other projects that may be in competition for the 

23 same funds; 

24 (5) the prospects that the project for which as25 sistance is sought will improve, on a continuing rathVerDate Aug 31 2005 00:02 Mar 20, 2007 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H1548.IH H1548

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1 er than a temporary basis, the opportunities for em2 ployment, the average level of income, or the eco3 nomic development of the area served by the project; 

4 (6) the extent to which the project design pro5 vides for detailed outcome measurements by which 

6 grant expenditures and the results of the expendi7 tures may be evaluated; and 

8 (7) the preservation of multiple uses, or con9 servation, of natural resources. 

10 (b) NO RELOCATION ASSISTANCE.—No financial as11 sistance authorized by this Act shall be used to assist an 

12 establishment in relocating from 1 area to another. 

13 (c) REDUCTION OF FUNDS.—Funds may be provided 

14 for a program or project in a State under this Act only 

15 if the Commission determines that the level of Federal or 

16 State financial assistance provided under a law other than 

17 this Act, for the same type of program or project in the 

18 same area of the State within the region, will not be re19 duced as a result of funds made available by this Act. 

20 SEC. 9. APPROVAL OF DEVELOPMENT PLANS AND 

21 PROJECTS. 

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

23 plan or any multistate subregional plan that is proposed 

24 for development under this Act shall be reviewed by the 

25 Commission. 


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1 (b) EVALUATION BY STATE MEMBER.—An applica2 tion for a grant or any other assistance for a project under 

3 this Act shall be made through and evaluated for approval 

4 by the State member of the Commission representing the 

5 applicant. 

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

7 other assistance for a project shall be approved only on 

8 certification by the State member and Federal cochair9 person that the application for the project— 

10 (1) describes ways in which the project complies 

11 with any applicable State development plan; 

12 (2) meets applicable criteria under section 8; 

13 (3) provides adequate assurance that the pro14 posed project will be properly administered, oper15 ated, and maintained; and 

16 (4) otherwise meets the requirements of this 

17 Act. 

18 (d) VOTES FOR DECISIONS.—Upon certification of an 

19 application for a grant or other assistance for a specific 

20 project under this section, an affirmative vote of the Com21 mission under section 3(c) shall be required for approval 

22 of the application. 


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1 SEC. 10. CONSENT OF STATES. 

2 Nothing in this Act requires any State to engage in 

3 or accept any program under this Act without the consent 

4 of the State. 

5 SEC. 11. RECORDS. 

6 (a) RECORDS OF THE COMMISSION.— 

7 (1) IN GENERAL.—The Commission shall main8 tain accurate and complete records of all trans9 actions and activities of the Commission. 

10 (2) AVAILABILITY.—All records required under 

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

12 Comptroller General of the United States and the 

13 Commission (including authorized representatives of 

14 the Comptroller General and the Commission). 

15 (b) RECORDS OF RECIPIENTS OF FEDERAL ASSIST16 ANCE.— 

17 (1) IN GENERAL.—A recipient of Federal funds 

18 under this Act shall, as required by the Commission, 

19 maintain accurate and complete records of trans20 actions and activities financed with Federal funds 

21 and report on the transactions and activities to the 

22 Commission. 

23 (2) AVAILABILITY.—All records required under 

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

25 Comptroller General of the United States and the 


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1 Commission (including authorized representatives of 

2 the Comptroller General and the Commission). 

3 SEC. 12. ANNUAL REPORT. 

4 Not later than 180 days after the end of each fiscal 

5 year, the Commission shall submit to the President and 

6 to Congress a report describing the activities carried out 

7 under this Act. 

8 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) IN GENERAL.—There is authorized to be appro10 priated to the Commission to carry out this Act 

11 $40,000,000 for each of fiscal years 2008 through 2012, 

12 to remain available until expended. 

13 (b) ADMINISTRATIVE EXPENSES.—Not more than 5 

14 percent of the amount appropriated under subsection (a) 

15 for a fiscal year shall be used for administrative expenses 

16 of the Commission. 

17 SEC. 14. TERMINATION OF COMMISSION. 

18 This Act shall have no force or effect on or after Oc19 tober 1, 2012. 

20 SEC. 15. REGION OF NORTHERN BORDER ECONOMIC DE21 VELOPMENT COMMISSION. 

22 (a) GOAL.—It shall be the goal of the Commission 

23 to address economic distress along the northern border of 

24 the United States east of, and including, Cayuga County, 

25 New York, especially in rural areas. 


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1 (b) COUNTIES INCLUDED IN NORTHERN BORDER

2 REGION.—Consistent with the goal described in sub3 section (a), the region of Commission shall include the fol4 lowing counties: 

5 (1) In Maine, the counties of Aroostook, Frank6 lin, Oxford, Somerset, and Washington. 

7 (2) In New Hampshire, the county of Coos. 

8 (3) In New York, the counties of Cayuga, Clin9 ton, Franklin, Jefferson, Oswego, and St. Lawrence. 

10 (4) In Vermont, the counties of Essex, Frank11 lin, Grand Isle, and Orleans. 

12 (c) CONTIGUOUS COUNTIES.— 

13 (1) IN GENERAL.—Subject to paragraph (2), in 

14 addition to the counties listed in subsection (b), the 

15 region of Commission shall include the following 

16 counties: 

17 (A) In Maine, the counties of 

18 Androscoggin, Kennebec, Penobscot, 

19 Piscataquis, and Waldo. 

20 (B) In New York, the counties of Essex, 

21 Hamilton, Herkimer, Lewis, Oneida, and Sen22 eca. 

23 (C) In Vermont, the county of Caledonia. 

24 (2) RECOMMENDATIONS TO CONGRESS.—As 

25 part of an annual report submitted under section 12, 


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1 the Commission may recommend to Congress re2 moval of a county listed in paragraph (1) from the 

3 region on the basis that the county no longer exhib4 its 2 or more of the following economic distress fac5 tors: population loss, poverty, income levels, and un6 employment. 

7 (d) EXAMINATION OF ADDITIONAL COUNTIES AND

8 AREAS FOR INCLUSION IN THE REGION.— 

9 (1) IN GENERAL.—Not later than one year 

10 after the date of enactment of this Act, the Commis11 sion— 

12 (A) shall examine all counties that border 

13 the region of the Commission specified in sub14 section (a), including the political subdivisions 

15 and census tracts within such counties; and 

16 (B) may add a county or any portion of a 

17 county examined under subparagraph (A)to the 

18 region, if the Commission determines that the 

19 county or portion— 

20 (i) is predominantly rural in nature; 

21 and 

22 (ii) exhibits significant economic dis23 tress in terms of population loss, poverty, 

24 income levels, unemployment, or other ecoVerDate Aug 31 2005 00:02 Mar 20, 2007 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H1548.IH H1548

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1 nomic indicator that the Commission con2 siders appropriate. 

3 (2) PRIORITY.—In carrying out paragraph 

4 (1)(A), the Commission shall first examine the fol5 lowing counties: 

6 (A) In Maine, the counties of Hancock and 

7 Knox. 

8 (B) In New Hampshire, the counties of 

9 Grafton, Carroll, and Sullivan. 

10 (C) In New York, the counties of Fulton 

11 and Madison. 

12 (D) In Vermont, the county of Lamoille. 

13 (e) ADDITION OF COUNTIES AND OTHER AREAS.— 

14 (1) RECOMMENDATIONS.—Following the one15 year period beginning on the date of enactment of 

16 this Act, as part of an annual report submitted 

17 under section 12, the Commission may recommend 

18 to Congress additional counties or portions of coun19 ties for inclusion in the region. 

20 (2) AREAS OF ECONOMIC DISTRESS.—The Com21 mission may recommend that an entire county be in22 cluded in the region on the basis of one or more dis23 tressed areas within the county. 

24 (3) ASSESSMENTS OF ECONOMIC CONDI25 TIONS.—The Commission may provide technical and 


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1 financial assistance to a county that is not included 

2 in the region for the purpose of conducting an eco3 nomic assessment of the county. The results of such 

4 an assessment may be used by the Commission in 

5 making recommendations under paragraph (1). 

6 (f) LIMITATION.—A county eligible for assistance 

7 from the Appalachian Regional Commission under subtitle 

8 IV of title 40, United States Code, shall not be eligible 

9 for assistance from the Northern Border Economic Devel10 opment Commission. 

Æ 


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