basic public infrastructure, job skills training, and 
business development. 
SEC. 3. REGIONAL ECONOMIC AND INFRASTRUCTURE DE-
VELOPMENT. 
(a) IN GENERAL.—Title 40, United States Code, is 
amended— 
(1) by redesignating subtitle V as subtitle VI; 
and 
(2) by inserting after subtitle IV the following: 
‘‘Subtitle V—Regional Economic 
and Infrastructure Development 
‘‘Chapter ...................................................................................................
‘‘151. GENERAL PROVISIONS ............................................................ 15101
‘‘153. REGIONAL COMMISSIONS ....................................................... 15301
‘‘155. FINANCIAL ASSISTANCE ......................................................... 15501
‘‘157. ADMINISTRATIVE PROVISIONS .............................................
15701 
‘‘CHAPTER 151—GENERAL PROVISIONS 
‘‘Sec. 
‘‘15101. Definitions. 
‘‘§ 15101. Definitions 
‘‘In this subtitle, the following definitions apply: 
‘‘(1) COMMISSION.—The term ‘Commission’ 
means a Commission established under section 
15301. 
‘‘(2) LOCAL
DEVELOPMENT
DISTRICT.—The 
term ‘local development district’ means an entity 
that—
‘‘(A)(i) is an economic development district 
that is— 
‘‘(I) in existence on the date of enact-
ment of this chapter; and 
‘‘(II) located in the region; or 
‘‘(ii) if an entity described in clause (i) 
does not exist— 
‘‘(I) is organized and operated in a 
manner that ensures broad-based commu-
nity participation and an effective oppor-
tunity for local officials, community lead-
ers, and the public to contribute to the de-
velopment and implementation of programs 
in the region; 
‘‘(II) is governed by a policy board 
with at least a simple majority of members 
consisting of— 
‘‘(aa) elected officials; or 
‘‘(bb) designees or employees of a 
general purpose unit of local govern-
ment that have been appointed to rep-
resent the unit of local government; 
and 
‘‘(III) is certified by the Governor or 
appropriate State officer as having a char-
ter or authority that includes the economic 
development of counties, portions of coun-
ties, or other political subdivisions within 
the region; and 
‘‘(B) has not, as certified by the Federal 
Cochairperson— 
‘‘(i) 
inappropriately 
used 
Federal 
grant funds from any Federal source; or 
‘‘(ii) appointed an officer who, during 
the period in which another entity inappro-
priately used Federal grant funds from any 
Federal source, was an officer of the other 
entity. 
‘‘(3) FEDERAL
GRANT
PROGRAM.—The term 
‘Federal grant program’ means a Federal grant pro-
gram to provide assistance in carrying out economic 
and community development activities. 
‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
‘‘(5) NONPROFIT ENTITY.—The term ‘nonprofit 
entity’ means any entity with tax-exempt or non-
profit status, as defined by the Internal Revenue
Service, that has been formed for the purpose of eco-
nomic development. 
‘‘(6) REGION.—The term ‘region’ means the 
area covered by a Commission as described in sub-
chapter II of chapter 157. 
‘‘CHAPTER 153—REGIONAL COMMISSIONS 
‘‘Sec. 
‘‘15301. Establishment, membership, and employees. 
‘‘15302. Decisions. 
‘‘15303. Functions. 
‘‘15304. Administrative powers and expenses. 
‘‘15305. Meetings. 
‘‘15306. Personal financial interests. 
‘‘15307. Tribal representation on Northern Great Plains Regional Commission. 
‘‘15308. Tribal participation. 
‘‘15309. Annual report. 
‘‘§ 15301. Establishment, membership, and employees 
‘‘(a) ESTABLISHMENT.—There are established the 
following regional Commissions: 
‘‘(1) The Delta Regional Commission. 
‘‘(2) The Northern Great Plains Regional Com-
mission. 
‘‘(3) The Southeast Crescent Regional Commis-
sion. 
‘‘(4) The Southwest Border Regional Commis-
sion. 
‘‘(5) The Northern Border Regional Commis-
sion. 
‘‘(b) MEMBERSHIP.—
‘‘(1) FEDERAL
AND
STATE
MEMBERS.—Each 
Commission shall be composed of the following mem-
bers: 
‘‘(A) A Federal Cochairperson, to be ap-
pointed by the President, by and with the ad-
vice and consent of the Senate. 
‘‘(B) The Governor of each participating 
State in the region of the Commission. 
‘‘(2) ALTERNATE MEMBERS.— 
‘‘(A) 
ALTERNATE
FEDERAL
COCHAIR-
PERSON.—The President shall appoint an alter-
nate Federal Cochairperson for each Commis-
sion. The alternate Federal Cochairperson, 
when not actively serving as an alternate for 
the Federal Cochairperson, shall perform such 
functions and duties as are delegated by the 
Federal Cochairperson. 
‘‘(B) STATE
ALTERNATES.—The State 
member of a participating State may have a 
single alternate, who shall be appointed by the 
Governor of the State from among the members 
of the Governor’s cabinet or personal staff. 
‘‘(C) VOTING.—An alternate member shall 
vote in the case of the absence, death, dis-
ability, removal, or resignation of the Federal
or State member for which the alternate mem-
ber is an alternate. 
‘‘(3) COCHAIRPERSONS.—A Commission shall 
be headed by— 
‘‘(A) the Federal Cochairperson, who shall 
serve as a liaison between the Federal Govern-
ment and the Commission; and 
‘‘(B) a State Cochairperson, who shall be 
a Governor of a participating State in the re-
gion and shall be elected by the State members 
for a term of not less than 1 year. 
‘‘(4) CONSECUTIVE TERMS.—A State member 
may not be elected to serve as State Cochairperson 
for more than 2 consecutive terms. 
‘‘(c) COMPENSATION.— 
‘‘(1) FEDERAL COCHAIRPERSONS.—Each Fed-
eral Cochairperson shall be compensated by the Fed-
eral Government at level III of the Executive Sched-
ule as set out in section 5314 of title 5. 
‘‘(2) 
ALTERNATE
FEDERAL
COCHAIR-
PERSONS.—Each Federal Cochairperson’s alternate 
shall be compensated by the Federal Government at 
level V of the Executive Schedule as set out in sec-
tion 5316 of title 5.
‘‘(3) STATE
MEMBERS
AND
ALTERNATES.— 
Each State member and alternate shall be com-
pensated by the State that they represent at the rate 
established by the laws of that State. 
‘‘(d) EXECUTIVE DIRECTOR AND STAFF.— 
‘‘(1) IN
GENERAL.—A Commission shall ap-
point and fix the compensation of an executive direc-
tor and such other personnel as are necessary to en-
able the Commission to carry out its duties. Com-
pensation under this paragraph may not exceed the 
maximum rate of basic pay established for the Sen-
ior Executive Service under section 5382 of title 5, 
including any applicable locality-based comparability 
payment that may be authorized under section 
5304(h)(2)(C) of that title. 
‘‘(2) EXECUTIVE DIRECTOR.—The executive di-
rector shall be responsible for carrying out the ad-
ministrative duties of the Commission, directing the 
Commission staff, and such other duties as the Com-
mission may assign. 
‘‘(e) NO FEDERAL EMPLOYEE STATUS.—No mem-
ber, alternate, officer, or employee of a Commission (other 
than the Federal Cochairperson, the alternate Federal Co-
chairperson, staff of the Federal Cochairperson, and any
Federal employee detailed to the Commission) shall be 
considered to be a Federal employee for any purpose. 
‘‘§ 15302. Decisions 
‘‘(a) REQUIREMENTS
FOR APPROVAL.—Except as 
provided in section 15304(c)(3), decisions by the Commis-
sion shall require the affirmative vote of the Federal Co-
chairperson and a majority of the State members (exclu-
sive of members representing States delinquent under sec-
tion 15304(c)(3)(C)). 
‘‘(b) CONSULTATION.—In matters coming before the 
Commission, the Federal Cochairperson shall, to the ex-
tent practicable, consult with the Federal departments and 
agencies having an interest in the subject matter. 
‘‘(c) QUORUMS.—A Commission shall determine what 
constitutes a quorum for Commission meetings; except 
that— 
‘‘(1) any quorum shall include the Federal Co-
chairperson or the alternate Federal Cochairperson; 
and 
‘‘(2) a State alternate member shall not be 
counted toward the establishment of a quorum. 
‘‘(d) PROJECTS AND GRANT PROPOSALS.—The ap-
proval of project and grant proposals shall be a responsi-
bility of each Commission and shall be carried out in ac-
cordance with section 15503.
‘‘§ 15303. Functions 
‘‘A Commission shall— 
‘‘(1) assess the needs and assets of its region 
based on available research, demonstration projects, 
investigations, assessments, and evaluations of the 
region prepared by Federal, State, and local agen-
cies, universities, local development districts, and 
other nonprofit groups; 
‘‘(2) develop, on a continuing basis, comprehen-
sive and coordinated economic and infrastructure de-
velopment strategies to establish priorities and ap-
prove grants for the economic development of its re-
gion, giving due consideration to other Federal, 
State, and local planning and development activities 
in the region; 
‘‘(3) not later than one year after the date of 
enactment of this section, and after taking into ac-
count State plans developed under section 15502, es-
tablish priorities in an economic and infrastructure 
development plan for its region, including 5-year re-
gional outcome targets; 
‘‘(4)(A) enhance the capacity of, and provide 
support for, local development districts in its region; 
or
‘‘(B) if no local development district exists in 
an area in a participating State in the region, foster 
the creation of a local development district; 
‘‘(5) encourage private investment in industrial, 
commercial, 
and 
other 
economic 
development 
projects in its region; 
‘‘(6) cooperate with and assist State govern-
ments with the preparation of economic and infra-
structure development plans and programs for par-
ticipating States; 
‘‘(7) formulate and recommend to the Gov-
ernors and legislatures of States that participate in 
the Commission forms of interstate cooperation and, 
where appropriate, international cooperation; and 
‘‘(8) work with State and local agencies in de-
veloping appropriate model legislation to enhance 
local and regional economic development. 
‘‘§ 15304. Administrative powers and expenses 
‘‘(a) POWERS.—In carrying out its duties under this 
subtitle, a Commission may— 
‘‘(1) hold such hearings, sit and act at such 
times and places, take such testimony, receive such 
evidence, and print or otherwise reproduce and dis-
tribute a description of the proceedings and reports
on actions by the Commission as the Commission 
considers appropriate; 
‘‘(2) authorize, through the Federal or State 
Cochairperson or any other member of the Commis-
sion designated by the Commission, the administra-
tion of oaths if the Commission determines that tes-
timony should be taken or evidence received under 
oath; 
‘‘(3) request from any Federal, State, or local 
agency such information as may be available to or 
procurable by the agency that may be of use to the 
Commission in carrying out the duties of the Com-
mission; 
‘‘(4) adopt, amend, and repeal bylaws and rules 
governing the conduct of business and the perform-
ance of duties by the Commission; 
‘‘(5) request the head of any Federal agency, 
State agency, or local government to detail to the 
Commission such personnel as the Commission re-
quires to carry out its duties, each such detail to be 
without loss of seniority, pay, or other employee sta-
tus; 
‘‘(6) provide for coverage of Commission em-
ployees in a suitable retirement and employee benefit 
system by making arrangements or entering into
‘‘(c) ADMINISTRATIVE EXPENSES.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the administrative expenses of a Commission shall 
be paid— 
‘‘(A) by the Federal Government, in an 
amount equal to 50 percent of the administra-
tive expenses of the Commission; and 
‘‘(B) by the States participating in the 
Commission, in an amount equal to 50 percent 
of the administrative expenses. 
‘‘(2) EXPENSES
OF
THE
FEDERAL
COCHAIR-
PERSON.—All expenses of the Federal Cochair-
person, including expenses of the alternate and staff 
of the Federal Cochairperson, shall be paid by the 
Federal Government. 
‘‘(3) STATE SHARE.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the share of administrative expenses 
of a Commission to be paid by each State of the 
Commission shall be determined by a unani-
mous vote of the State members of the Com-
mission. 
‘‘(B) NO FEDERAL PARTICIPATION.—The 
Federal Cochairperson shall not participate or 
vote in any decision under subparagraph (A).
‘‘(C) DELINQUENT STATES.—During any 
period in which a State is more than 1 year de-
linquent in payment of the State’s share of ad-
ministrative expenses of the Commission under 
this subsection— 
‘‘(i) no assistance under this subtitle 
shall be provided to the State (including 
assistance to a political subdivision or a 
resident of the State) for any project not 
approved as of the date of the commence-
ment of the delinquency; and 
‘‘(ii) no member of the Commission 
from the State shall participate or vote in 
any action by the Commission. 
‘‘(4) EFFECT ON ASSISTANCE.—A State’s share 
of administrative expenses of a Commission under 
this subsection shall not be taken into consideration 
when determining the amount of assistance provided 
to the State under this subtitle. 
‘‘§ 15305. Meetings 
‘‘(a) INITIAL MEETING.—Each Commission shall 
hold an initial meeting not later than 180 days after the 
date of enactment of this section. 
‘‘(b) ANNUAL MEETING.—Each Commission shall 
conduct at least 1 meeting each year with the Federal Co-
chairperson and at least a majority of the State members 
present. 
‘‘(c) ADDITIONAL
MEETINGS.—Each Commission 
shall conduct additional meetings at such times as it deter-
mines and may conduct such meetings by electronic 
means. 
‘‘§ 15306. Personal financial interests 
‘‘(a) CONFLICTS OF INTEREST.— 
‘‘(1) NO ROLE ALLOWED.—Except as permitted 
by paragraph (2), an individual who is a State mem-
ber or alternate, or an officer or employee of a Com-
mission, shall not participate personally and sub-
stantially as a member, alternate, officer, or em-
ployee of the Commission, through decision, ap-
proval, disapproval, recommendation, request for a 
ruling, or other determination, contract, claim, con-
troversy, or other matter in which, to the individ-
ual’s knowledge, any of the following has a financial 
interest: 
‘‘(A) The individual. 
‘‘(B) The individual’s spouse, minor child, 
or partner. 
‘‘(C) An organization (except a State or 
political subdivision of a State) in which the in-
dividual is serving as an officer, director, trust-
ee, partner, or employee. 
‘‘(D) Any person or organization with 
whom the individual is negotiating or has any 
arrangement concerning prospective employ-
ment. 
‘‘(2) EXCEPTION.—Paragraph (1) shall not 
apply if the individual, in advance of the proceeding, 
application, request for a ruling or other determina-
tion, contract, claim controversy, or other particular 
matter presenting a potential conflict of interest— 
‘‘(A) advises the Commission of the nature 
and circumstances of the matter presenting the 
conflict of interest; 
‘‘(B) makes full disclosure of the financial 
interest; and 
‘‘(C) receives a written decision of the 
Commission that the interest is not so substan-
tial as to be considered likely to affect the in-
tegrity of the services that the Commission may 
expect from the individual. 
‘‘(3) VIOLATION.—An individual violating this 
subsection shall be fined under title 18, imprisoned 
for not more than 1 year, or both.
‘‘(b) STATE MEMBER
OR ALTERNATE.—A State 
member or alternate member may not receive any salary, 
or any contribution to, or supplementation of, salary, for 
services on a Commission from a source other than the 
State of the member or alternate. 
‘‘(c) DETAILED EMPLOYEES.— 
‘‘(1) IN GENERAL.—No person detailed to serve 
a Commission shall receive any salary, or any con-
tribution to, or supplementation of, salary, for serv-
ices provided to the Commission from any source 
other than the State, local, or intergovernmental de-
partment or agency from which the person was de-
tailed to the Commission. 
‘‘(2) VIOLATION.—Any person that violates this 
subsection shall be fined under title 18, imprisoned 
not more than 1 year, or both. 
‘‘(d) FEDERAL COCHAIRMAN, ALTERNATE TO FED-
ERAL COCHAIRMAN, AND FEDERAL OFFICERS AND EM-
PLOYEES.—The Federal Cochairman, the alternate to the 
Federal Cochairman, and any Federal officer or employee 
detailed to duty with the Commission are not subject to 
this section but remain subject to sections 202 through 
209 of title 18. 
‘‘(e) RESCISSION.—A Commission may declare void 
any contract, loan, or grant of or by the Commission in
relation to which the Commission determines that there 
has been a violation of any provision under subsection 
(a)(1), (b), or (c), or any of the provisions of sections 202 
through 209 of title 18. 
‘‘§ 15307. Tribal representation on Northern Great 
Plains Regional Commission 
‘‘(a) TRIBAL COCHAIRPERSON.— 
‘‘(1) APPOINTMENT.—In addition to the mem-
bers specified in section 15301(b)(1), the member-
ship of the Northern Great Plains Regional Commis-
sion shall include a Tribal Cochairperson, to be ap-
pointed by the President, by and with the advice and 
consent of the Senate. The Tribal Cochairperson 
shall be a member of an Indian tribe in the Commis-
sion’s region. 
‘‘(2) DUTIES.—In addition to the Federal Co-
chairperson and State Cochairperson, the Commis-
sion shall be headed by the Tribal Cochairperson, 
who shall serve as a liaison between the governments 
of Indian tribes in the region and the Commission. 
‘‘(b) ALTERNATE TRIBAL COCHAIRPERSON.— 
‘‘(1) APPOINTMENT.—The President shall ap-
point an alternate to the Tribal Cochairperson. 
‘‘(2) DUTIES.—The alternate Tribal Cochair-
person, when not actively serving as an alternate for
the Tribal Cochairperson, shall perform such func-
tions and duties as are delegated by the Tribal Co-
chairperson. 
‘‘(3) VOTING.—The alternate Tribal Cochair-
person shall vote in the case of the absence, death, 
disability, removal, or resignation of the Tribal Co-
chairperson. 
‘‘(c) COMPENSATION.— 
‘‘(1) TRIBAL COCHAIRPERSON.—The Tribal Co-
chairperson shall be compensated by the Federal 
Government at level III of the Executive Schedule as 
set out in section 5314 of title 5. 
‘‘(2) ALTERNATE
TRIBAL
COCHAIRPERSON.— 
The Tribal Cochairperson’s alternate shall be com-
pensated by the Federal Government at level V of 
the Executive Schedule as set out in section 5316 of 
title 5. 
‘‘(d) EXPENSES OF TRIBAL COCHAIRPERSON.—All 
expenses of the Tribal Cochairperson, including expenses 
of the alternate and staff of the Tribal Cochairperson, 
shall be paid by the Federal Government. 
‘‘(e) DUTIES AND PRIVILEGES.—Except as provided 
in subsections (c) and (d), the Tribal Cochairperson shall 
have the same duties and privileges as the State Cochair-
person.
‘‘§ 15308. Tribal participation 
‘‘Governments of Indian tribes in the region of the 
Northern Great Plains Regional Commission or the South-
west Border Regional Commission shall be allowed to par-
ticipate in matters before that Commission in the same 
manner and to the same extent as State agencies and in-
strumentalities in the region. 
‘‘§ 15309. Annual report 
‘‘(a) IN GENERAL.—Not later than 90 days after the 
last day of each fiscal year, each Commission shall submit 
to the President and Congress a report on the activities 
carried out by the Commission under this subtitle in the 
fiscal year. 
‘‘(b) CONTENTS.—The report shall include— 
‘‘(1) a description of the criteria used by the 
Commission to designate counties under section 
15702 and a list of the counties designated in each 
category; 
‘‘(2) an evaluation of the progress of the Com-
mission in meeting the goals identified in the Com-
mission’s economic and infrastructure development 
plan under section 15303 and State economic and 
infrastructure development plans under section 
15502; and 
‘‘(3) any policy recommendations approved by 
the Commission.
‘‘CHAPTER 155—FINANCIAL ASSISTANCE 
‘‘Sec. 
‘‘15501. Economic and infrastructure development grants. 
‘‘15502. Comprehensive economic and infrastructure development plans. 
‘‘15503. Approval of applications for assistance. 
‘‘15504. Program development criteria. 
‘‘15505. Local development districts and organizations. 
‘‘15506. Supplements to Federal grant programs. 
‘‘§ 15501. Economic and infrastructure development 
grants 
‘‘(a) IN GENERAL.—A Commission may make grants 
to States and local governments, Indian tribes, and public 
and nonprofit organizations for projects, approved in ac-
cordance with section 15503— 
‘‘(1) to develop the transportation infrastruc-
ture of its region; 
‘‘(2) to develop the basic public infrastructure 
of its region; 
‘‘(3) to develop the telecommunications infra-
structure of its region; 
‘‘(4) to assist its region in obtaining job skills 
training, skills development and employment-related 
education, entrepreneurship, technology, and busi-
ness development; 
‘‘(5) to provide assistance to severely economi-
cally distressed and underdeveloped areas of its re-
gion that lack financial resources for improving 
basic health care and other public services;
‘‘(6) to promote resource conservation, tourism, 
recreation, and preservation of open space in a man-
ner consistent with economic development goals; 
‘‘(7) to promote the development of renewable 
and alternative energy sources; and 
‘‘(8) to otherwise achieve the purposes of this 
subtitle. 
‘‘(b) ALLOCATION OF FUNDS.—A Commission shall 
allocate at least 40 percent of any grant amounts provided 
by the Commission in a fiscal year for projects described 
in paragraphs (1) through (3) of subsection (a). 
‘‘(c) SOURCES OF GRANTS.—Grant amounts may be 
provided entirely from appropriations to carry out this 
subtitle, in combination with amounts available under 
other Federal grant programs, or from any other source. 
‘‘(d) MAXIMUM COMMISSION CONTRIBUTIONS.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), the Commission may contribute not more 
than 50 percent of a project or activity cost eligible 
for financial assistance under this section from 
amounts appropriated to carry out this subtitle. 
‘‘(2) DISTRESSED
COUNTIES.—The maximum 
Commission contribution for a project or activity to 
be carried out in a county for which a distressed
county designation is in effect under section 15702 
may be increased to 80 percent. 
‘‘(3) 
SPECIAL
RULE
FOR
REGIONAL 
PROJECTS.—A Commission may increase to 60 per-
cent under paragraph (1) and 90 percent under 
paragraph (2) the maximum Commission contribu-
tion for a project or activity if— 
‘‘(A) the project or activity involves 3 or 
more counties or more than one State; and 
‘‘(B) the Commission determines in ac-
cordance with section 15302(a) that the project 
or activity will bring significant interstate or 
multicounty benefits to a region. 
‘‘(e) MAINTENANCE
OF EFFORT.—Funds may be 
provided by a Commission for a program or project in a 
State under this section only if the Commission deter-
mines that the level of Federal or State financial assist-
ance provided under a law other than this subtitle, for the 
same type of program or project in the same area of the 
State within region, will not be reduced as a result of 
funds made available by this subtitle. 
‘‘(f) NO RELOCATION ASSISTANCE.—Financial as-
sistance authorized by this section may not be used to as-
sist a person or entity in relocating from one area to an-
other.
‘‘§ 15502. Comprehensive economic and infrastruc-
ture development plans 
‘‘(a) STATE PLANS.—In accordance with policies es-
tablished by a Commission, each State member of the 
Commission shall submit a comprehensive economic and 
infrastructure development plan for the area of the region 
represented by the State member. 
‘‘(b) CONTENT OF PLAN.—A State economic and in-
frastructure development plan shall reflect the goals, ob-
jectives, and priorities identified in any applicable eco-
nomic and infrastructure development plan developed by 
a Commission under section 15303. 
‘‘(c) CONSULTATION WITH INTERESTED LOCAL PAR-
TIES.—In carrying out the development planning process 
(including the selection of programs and projects for as-
sistance), a State shall— 
‘‘(1) consult with local development districts, 
local units of government, and local colleges and uni-
versities; and 
‘‘(2) take into consideration the goals, objec-
tives, priorities, and recommendations of the entities 
described in paragraph (1). 
‘‘(d) PUBLIC PARTICIPATION.— 
‘‘(1) IN GENERAL.—A Commission and applica-
ble State and local development districts shall en-
courage and assist, to the maximum extent prac-