Authorizes: (1) the Authority to approve grants to States, local governments, and public and nonprofit entities for approved projects, including grants to local development districts for administrative expenses; and (2) the use of Authority funds to supplement Federal grant requirements under specified circumstances.
Directs the Authority to designate annually, and obligate funds for, distressed counties and areas.
Terminates the Authority as of a specified date.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1681 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1681
To establish the Northern Great Plains Rural Development Authority.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 13, 2001
Mr. Johnson (for himself, Mr. Wellstone, Mr. Harkin, Mr. Dashle, and
Mr. Dorgan) introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To establish the Northern Great Plains Rural Development Authority.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Great Plains Rural
Development Authority Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the rural economy of the Northern Great Plains region
is undergoing a substantial and potentially threatening
transformation;
(2) the Northern Great Plains region suffers from
substantial measurable poverty, unemployment, outmigration,
underemployment, aging of the population, and low per capita
income;
(3) the Northern Great Plains region is highly rural, has a
highly dispersed population, and contains reservations of many
Indian tribes;
(4) many of the basic industries of the rural Northern
Great Plains region relating to natural resources are under
stress;
(5) a concerted Federal, State, and local public and
private effort is needed if the rural Northern Great Plains
region is to share in the general prosperity of the United
States;
(6) the creation of jobs and expansion of businesses,
including small businesses, offer the greatest hope for rural
economic growth and revitalization in the Northern Great Plains
region;
(7) the availability of capital, technology, market
information, infrastructure development, educational
opportunities, health care, housing, recreational activities,
and resource development are essential to successful business
development in the rural Northern Great Plains region;
(8) the transportation needs of the rural Northern Great
Plains region must be addressed through highway and bridge
construction, air service availability, and rail service and
river transport development;
(9) because of the social, geographic, weather, historical,
and cultural aspects and economic problems of the rural
Northern Great Plains region, planning for this unique region
is desirable and urgently needed;
(10) in the rural Northern Great Plains region, the tourism
industry offers significant additional potential for supporting
economic development and job growth, fostered by the wise
stewardship of natural resources; and
(11) the Northern Great Plains Rural Development Commission
authorized by Congress provided--
(A) valuable services, including the identification
of critical regional needs; and
(B) substantial recommendations relating to the
long term economic viability of the Northern Great
Plains region.
SEC. 3. NORTHERN GREAT PLAINS REGIONAL AUTHORITY.
The Consolidated Farm and Rural Development Act is amended by
adding at the end the following:
``Subtitle G--Northern Great Plains Regional Authority
``SEC. 383A. DEFINITIONS.
``In this subtitle:
``(1) Authority.--The term `Authority' means the Northern
Great Plains Regional Authority established by section 383B.
``(2) Federal grant program.--The term `Federal grant
program' means a Federal grant program to provide assistance
in--
``(A) acquiring or developing land;
``(B) constructing or equipping a highway, road,
bridge, or facility; or
``(C) carrying out other economic development
activities.
``(3) Region.--The term `region' means the States of Iowa,
Minnesota, Nebraska, North Dakota, and South Dakota.
``SEC. 383B. NORTHERN GREAT PLAINS REGIONAL AUTHORITY.
``(a) Establishment.--
``(1) In general.--There is established the Northern Great
Plains Region Regional Authority.
``(2) Composition.--The Authority shall be composed of--
``(A) a Federal member, to be appointed by the
President, with the advice and consent of the Senate;
and
``(B) the Governor (or a designee of the Governor)
of each State in the region that elects to participate
in the Authority.
``(3) Cochairpersons.--The Authority shall be headed by--
``(A) the Federal member, who shall serve--
``(i) as the Federal cochairperson; and
``(ii) as a liaison between the Federal
Government and the Authority; and
``(B) a State cochairperson, who--
``(i) shall be a Governor of a
participating State in the region; and
``(ii) shall be elected by the State
members for a term of not less than 1 year.
``(b) Alternate Members.--
``(1) State alternates.--The State member of a
participating State may have a single alternate, who shall be--
``(A) a resident of that State; and
``(B) appointed by the Governor of the State.
``(2) Alternate federal cochairperson.--The President shall
appoint an alternate Federal cochairperson.
``(3) Quorum.--A State alternate shall not be counted
toward the establishment of a quorum of the Authority in any
instance in which a quorum of the State members is required to
be present.
``(4) Delegation of power.--No power or responsibility of
the Authority specified in paragraphs (2) and (3) of subsection
(c), and no voting right of any Authority member, shall be
delegated to any person--
``(A) who is not an Authority member; or
``(B) who is not entitled to vote in Authority
meetings.
``(c) Voting.--
``(1) In general.--A decision by the Authority shall
require a majority vote of the Authority (not including any
member representing a State that is delinquent under subsection
(g)(2)(C)) to be effective.
``(2) Quorum.--A quorum of State members shall be required
to be present for the Authority to make any policy decision,
including--
``(A) a modification or revision of an Authority
policy decision;
``(B) approval of a State or regional development
plan; and
``(C) any allocation of funds among the States.
``(3) Project and grant proposals.--The approval of project
and grant proposals shall be--
``(A) a responsibility of the Authority; and
``(B) conducted in accordance with section 383I.
``(4) Voting by alternate members.--An alternate member
shall vote in the case of the absence, death, disability,
removal, or resignation of the Federal or State representative
for which the alternate member is an alternate.
``(d) Duties.--The Authority shall--
``(1) develop, on a continuing basis, comprehensive and
coordinated plans and programs to establish priorities and
approve grants for the economic development of the region,
giving due consideration to other Federal, State, and local
planning and development activities in the region;
``(2) not later than 220 days after the date of enactment
of this subtitle, establish priorities in a development plan
for the region (including 5-year regional outcome targets);
``(3) assess the needs and assets of the region based on
available research, demonstrations, investigations,
assessments, and evaluations of the region prepared by Federal,
State, and local agencies, universities, local development
districts, and other nonprofit groups;
``(4) formulate and recommend to the Governors and
legislatures of States that participate in the Authority forms
of interstate cooperation;
``(5) work with State and local agencies in developing
appropriate model legislation;
``(6)(A) enhance the capacity of, and provide support for,
local development districts in the 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;
``(7) encourage private investment in industrial,
commercial, and other economic development projects in the
region; and
``(8) cooperate with and assist State governments with
economic development programs of participating States.
``(e) Administration.--In carrying out subsection (d), the
Authority 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 distribute a description of the
proceedings and reports on actions by the Authority as the
Authority considers appropriate;
``(2) authorize, through the Federal or State cochairperson
or any other member of the Authority designated by the
Authority, the administration of oaths if the Authority
determines that testimony should be taken or evidence received
under oath;
``(3) request from any Federal, State, or local department
or agency such information as may be available to or procurable
by the department or agency that may be of use to the Authority
in carrying out duties of the Authority;
``(4) adopt, amend, and repeal bylaws and rules governing
the conduct of Authority business and the performance of
Authority duties;
``(5) request the head of any Federal department or agency
to detail to the Authority such personnel as the Authority
requires to carry out duties of the Authority, each such detail
to be without loss of seniority, pay, or other employee status;
``(6) request the head of any State department or agency or
local government to detail to the Authority such personnel as
the Authority requires to carry out duties of the Authority,
each such detail to be without loss of seniority, pay, or other
employee status;
``(7) provide for coverage of Authority employees in a
suitable retirement and employee benefit system by--
``(A) making arrangements or entering into
contracts with any participating State government; or
``(B) otherwise providing retirement and other
employee benefit coverage;
``(8) accept, use, and dispose of gifts or donations of
services or real, personal, tangible, or intangible property;
``(9) enter into and perform such contracts, leases,
cooperative agreements, or other transactions as are necessary
to carry out Authority duties, including any contracts, leases,
or cooperative agreements with--
``(A) any department, agency, or instrumentality of
the United States;
``(B) any State (including a political subdivision,
agency, or instrumentality of the State); or
``(C) any person, firm, association, or
corporation; and
``(10) establish and maintain a central office and field
offices at such locations as the Authority may select.
``(f) Federal Agency Cooperation.--A Federal agency shall--
``(1) cooperate with the Authority; and
``(2) provide, on request of the Federal cochairperson,
appropriate assistance in carrying out this subtitle, in
accordance with applicable Federal laws (including
regulations).
``(g) Administrative Expenses.--
``(1) In general.--Administrative expenses of the Authority
(except for the expenses of the Federal cochairperson,
including expenses of the alternate and staff of the Federal
cochairperson, which shall be paid solely by the Federal
Government) shall be paid--
``(A) by the Federal Government, in an amount equal
to 50 percent of the administrative expenses; and
``(B) by the States in the region participating in
the Authority, in an amount equal to 50 percent of the
administrative expenses.
``(2) State share.--
``(A) In general.--The share of administrative
expenses of the Authority to be paid by each State
shall be determined by the Authority.
``(B) No federal participation.--The Federal
cochairperson shall not participate or vote in any
decision under subparagraph (A).
``(C) Delinquent states.--If a State is delinquent
in payment of the State's share of administrative
expenses of the Authority under this subsection--
``(i) no assistance under this subtitle
shall be furnished to the State (including
assistance to a political subdivision or a
resident of the State); and
``(ii) no member of the Authority from the
State shall participate or vote in any action
by the Authority.
``(h) Compensation.--
``(1) Federal cochairperson.--The Federal cochairperson
shall be compensated by the Federal Government at level III of
the Executive Schedule in subchapter II of chapter 53 of title
5, United States Code.
``(2) Alternate federal cochairperson.--The alternate
Federal cochairperson--
``(A) shall be compensated by the Federal
Government at level V of the Executive Schedule
described in paragraph (1); and
``(B) when not actively serving as an alternate for
the Federal cochairperson, shall perform such functions
and duties as are delegated by the Federal
cochairperson.
``(3) State members and alternates.--
``(A) In general.--A State shall compensate each
member and alternate representing the State on the
Authority at the rate established by law of the State.
``(B) No additional compensation.--No State member
or alternate member shall receive any salary, or any
contribution to or supplementation of salary from any
source other than the State for services provided by
the member or alternate to the Authority.
``(4) Detailed employees.--
``(A) In general.--No person detailed to serve the
Authority under subsection (e)(6) shall receive any
salary or any contribution to or supplementation of
salary for services provided to the Authority from--
``(i) any source other than the State,
local, or intergovernmental department or
agency from which the person was detailed; or
``(ii) the Authority.
``(B) Violation.--Any person that violates this
paragraph shall be fined not more than $5,000,
imprisoned not more than 1 year, or both.
``(C) Applicable law.--The Federal cochairperson,
the alternate Federal cochairperson, and any Federal
officer or employee detailed to duty on the Authority
under subsection (e)(5) shall not be subject to
subparagraph (A), but shall remain subject to sections
202 through 209 of title 18, United States Code.
``(5) Additional personnel.--
``(A) Compensation.--
``(i) In general.--The Authority may
appoint and fix the compensation of an
executive director and such other personnel as
are necessary to enable the Authority to carry
out the duties of the Authority.
``(ii) Exception.--Compensation under
clause (i) shall not exceed the maximum rate
for the Senior Executive Service under section
5382 of title 5, United States Code, including
any applicable locality-based comparability
payment that may be authorized under section
5304(h)(2)(C) of that title.
``(B) Executive director.--The executive director
shall be responsible for--
``(i) the carrying out of the
administrative duties of the Authority;
``(ii) direction of the Authority staff;
and
``(iii) such other duties as the Authority
may assign.
``(C) No federal employee status.--No member,
alternate, officer, or employee of the Authority
(except the Federal cochairperson of the Authority, the
alternate and staff for the Federal cochairperson, and
any Federal employee detailed to the Authority under
subsection (e)(5)) shall be considered to be a Federal
employee for any purpose.
``(i) Conflicts of Interest.--
``(1) In general.--Except as provided under paragraph (2),
no State member, alternate, officer, or employee of the
Authority shall participate personally and substantially as a
member, alternate, officer, or employee of the Authority,
through decision, approval, disapproval, recommendation, the
rendering of advice, investigation, or otherwise, in any
proceeding, application, request for a ruling or other
determination, contract, claim, controversy, or other matter in
which, to knowledge of the member, alternate, officer, or
employee--
``(A) the member, alternate, officer, or employee;
``(B) the spouse, minor child, partner, or
organization (other than a State or political
subdivision of the State) of the member, alternate,
officer, or employee, in which the member, alternate,
officer, or employee is serving as officer, director,
trustee, partner, or employee; or
``(C) any person or organization with whom the
member, alternate, officer, or employee is negotiating
or has any arrangement concerning prospective
employment;
has a financial interest.
``(2) Disclosure.--Paragraph (1) shall not apply if the
State member, alternate, officer, or employee--
``(A) immediately advises the Authority of the
nature and circumstances of the proceeding,
application, request for a ruling or other
determination, contract, claim, controversy, or other
particular matter presenting a potential conflict of
interest;
``(B) makes full disclosure of the financial
interest; and
``(C) before the proceeding concerning the matter
presenting the conflict of interest, receives a written
determination by the Authority that the interest is not
so substantial as to be likely to affect the integrity
of the services that the Authority may expect from the
State member, alternate, officer, or employee.
``(3) Violation.--Any person that violates this subsection
shall be fined not more than $10,000, imprisoned not more than
2 years, or both.
``(j) Validity of Contracts, Loans, and Grants.--The Authority may
declare void any contract, loan, or grant of or by the Authority in
relation to which the Authority determines that there has been a
violation of any provision under subsection (h)(4), subsection (i), or
sections 202 through 209 of title 18, United States Code.
``SEC. 383C. ECONOMIC AND COMMUNITY DEVELOPMENT GRANTS.
``(a) In General.--The Authority may approve grants to States,
local governments, and public and nonprofit organizations for projects,
approved in accordance with section 383I--
``(1) to develop the transportation and telecommunication
infrastructure of the region for the purpose of facilitating
economic development in the region (except that grants for this
purpose may only be made to States, local governments, and
nonprofit organizations);
``(2) to assist the region in obtaining the job training,
employment-related education, and business development (with an
emphasis on entrepreneurship) that are needed to build and
maintain strong local economies;
``(3) to provide assistance to severely distressed and
underdeveloped areas that lack financial resources for
improving basic public services;
``(4) to provide assistance to severely distressed and
underdeveloped areas that lack financial resources for
equipping industrial parks and related facilities; and
``(5) to otherwise achieve the purposes of this subtitle.
``(b) Funding.--
``(1) In general.--Funds for grants under subsection (a)
may be provided--
``(A) entirely from appropriations to carry out
this section;
``(B) in combination with funds available under
another Federal or Federal grant program; or
``(C) from any other source.
``(2) Priority of funding.--To best build the foundations
for long-term economic development and to complement other
Federal and State resources in the region, Federal funds
available under this subtitle shall be focused on the
activities in the following order or priority:
``(A) Basic public infrastructure in distressed
counties and isolated areas of distress.
``(B) Transportation and telecommunication
infrastructure for the purpose of facilitating economic
development in the region.
``(C) Business development, with emphasis on
entrepreneurship.
``(D) Job training or employment-related education,
with emphasis on use of existing public educational
institutions located in the region.
``(3) Federal share in grant programs.--Notwithstanding any
provision of law limiting the Federal share in any grant
program, funds appropriated to carry out this section may be
used to increase a Federal share in a grant program, as the
Authority determines appropriate.
``SEC. 383D. SUPPLEMENTS TO FEDERAL GRANT PROGRAMS.
``(a) Finding.--Congress finds that certain States and local
communities of the region, including local development districts, may
be unable to take maximum advantage of Federal grant programs for which
the States and communities are eligible because--
``(1) they lack the economic resources to meet the required
matching share; or
``(2) there are insufficient funds available under the
applicable Federal grant law authorizing the program to meet
pressing needs of the region.
``(b) Federal Grant Program Funding.--In accordance with subsection
(c), the Federal cochairperson may use amounts made available to carry
out this subtitle, without regard to any limitations on areas eligible
for assistance or authorizations for appropriation under any other Act,
to fund all or any portion of the basic Federal contribution to a
project or activity under a Federal grant program in the region in an
amount that is above the fixed maximum portion of the cost of the
project otherwise authorized by applicable law, but not to exceed 90
percent of the costs of the project (except as provided in section
383F(b)).
``(c) Certification.--
``(1) In general.--In the case of any program or project
for which all or any portion of the basic Federal contribution
to the project under a Federal grant program is proposed to be
made under this section, no Federal contribution shall be made
until the Federal official administering the Federal law
authorizing the contribution certifies that the program or
project--
``(A) meets the applicable requirements of the
applicable Federal grant law; and
``(B) could be approved for Federal contribution
under the law if funds were available under the law for
the program or project.
``(2) Certification by authority.--
``(A) In general.--The certifications and
determinations required to be made by the Authority for
approval of projects under this subtitle in accordance
with section 383I--
``(i) shall be controlling; and
``(ii) shall be accepted by the Federal
agencies.
``(B) Acceptance by federal cochairperson.--Any
finding, report, certification, or documentation
required to be submitted to the head of the department,
agency, or instrumentality of the Federal Government
responsible for the administration of any Federal grant
program shall be accepted by the Federal cochairperson
with respect to a supplemental grant for any project
under the program.
``SEC. 383E. LOCAL DEVELOPMENT DISTRICTS; CERTIFICATION AND
ADMINISTRATIVE EXPENSES.
``(a) Definition of Local Development District.--In this section,
the term `local development district' means an entity that--
``(1) is--
``(A) a planning district in existence on the date
of enactment of this subtitle that is recognized by the
Economic Development Administration of the Department of Commerce; or
``(B) where an entity described in subparagraph (A)
does not exist--
``(i) organized and operated in a manner
that ensures broad-based community
participation and an effective opportunity for
other nonprofit groups to contribute to the
development and implementation of programs in
the region;
``(ii) governed by a policy board with at
least a simple majority of members consisting
of elected officials or employees of a general
purpose unit of local government who have been
appointed to represent the government;
``(iii) certified to the Authority as
having a charter or authority that includes the
economic development of counties or parts of
counties or other political subdivisions within
the region--
``(I) by the Governor of each State
in which the entity is located; or
``(II) by the State officer
designated by the appropriate State law
to make the certification; and
``(iv)(I) a nonprofit incorporated body
organized or chartered under the law of the
State in which the entity is located;
``(II) a nonprofit agency or
instrumentality of a State or local government;
``(III) a public organization established
before the date of enactment of this subtitle
under State law for creation of multi-
jurisdictional, area-wide planning
organizations; or
``(IV) a nonprofit association or
combination of bodies, agencies, and
instrumentalities described in subclauses (I)
through (III); and
``(2) has not, as certified by the Federal cochairperson--
``(A) inappropriately used Federal grant funds from
any Federal source; or
``(B) appointed an officer who, during the period
in which another entity inappropriately used Federal
grant funds from any Federal source, was an officer of
the other entity.
``(b) Grants to Local Development Districts.--
``(1) In general.--The Authority may make grants for
administrative expenses under this section.
``(2) Conditions for grants.--
``(A) Maximum amount.--The amount of any grant
awarded under paragraph (1) shall not exceed 80 percent
of the administrative expenses of the local development
district receiving the grant.
``(B) Maximum period.--No grant described in
paragraph (1) shall be awarded to a State agency
certified as a local development district for a period
greater than 3 years.
``(C) Local share.--The contributions of a local
development district for administrative expenses may be
in cash or in kind, fairly evaluated, including space,
equipment, and services.
``(c) Duties of Local Development Districts.--A local development
district shall--
``(1) operate as a lead organization serving multicounty
areas in the region at the local level; and
``(2) serve as a liaison between State and local
governments, nonprofit organizations (including community-based
groups and educational institutions), the business community,
and citizens that--
``(A) are involved in multijurisdictional planning;
``(B) provide technical assistance to local
jurisdictions and potential grantees; and
``(C) provide leadership and civic development
assistance.
``SEC. 383F. DISTRESSED COUNTIES AND AREAS AND NONDISTRESSED COUNTIES.
``(a) Designations.--Not later than 90 days after the date of
enactment of this subtitle, and annually thereafter, the Authority, in
accordance with such criteria as the Authority may establish, shall
designate--
``(1) as distressed counties, counties in the region that
are the most severely and persistently distressed and
underdeveloped and have high rates of poverty, unemployment, or
outmigration;
``(2) as nondistressed counties, counties in the region
that are not designated as distressed counties under paragraph
(1); and
``(3) as isolated areas of distress, areas located in
nondistressed counties (as designated under paragraph (2)) that
have high rates of poverty, unemployment, or outmigration.
``(b) Distressed Counties.--
``(1) In general.--The Authority shall allocate at least 75
percent of the appropriations made available under section 383M
for programs and projects designed to serve the needs of
distressed counties and isolated areas of distress in the
region.
``(2) Funding limitations.--The funding limitations under
section 383D(b) shall not apply to a project providing
transportation or telecommunication or basic public services to
residents of 1 or more distressed counties or isolated areas of
distress in the region.
``(c) Nondistressed Counties.--
``(1) In general.--Except as provided in this subsection,
no funds shall be provided under this subtitle for a project
located in a county designated as a nondistressed county under
subsection (a)(2).
``(2) Exceptions.--
``(A) In general.--The funding prohibition under
paragraph (1) shall not apply to grants to fund the
administrative expenses of local development districts
under section 383E(b).
``(B) Multicounty projects.--The Authority may
waive the application of the funding prohibition under
paragraph (1) to--
``(i) a multicounty project that includes
participation by a nondistressed county; or
``(ii) any other type of project;
if the Authority determines that the project could
bring significant benefits to areas of the region
outside a nondistressed county.
``(C) Isolated areas of distress.--For a
designation of an isolated area of distress for
assistance to be effective, the designation shall be
supported--
``(i) by the most recent Federal data
available; or
``(ii) if no recent Federal data are
available, by the most recent data available
through the government of the State in which
the isolated area of distress is located.
``(d) Transportation, Telecommunication, and Basic Public
Infrastructure.--The Authority shall allocate at least 50 percent of
any funds made available under section 383M for transportation,
telecommunication, and basic public infrastructure projects authorized
under paragraphs (1) and (3) of section 383C(a).
``SEC. 383G. DEVELOPMENT PLANNING PROCESS.
``(a) State Development Plan.--In accordance with policies
established by the Authority, each State member shall submit a
development plan for the area of the region represented by the State
member.
``(b) Content of Plan.--A State development plan submitted under
subsection (a) shall reflect the goals, objectives, and priorities
identified in the regional development plan developed under section
383B(d)(2).
``(c) Consultation With Interested Local Parties.--In carrying out
the development planning process (including the selection of programs
and projects for assistance), a State may--
``(1) consult with--
``(A) local development districts; and
``(B) local units of government; and
``(2) take into consideration the goals, objectives,
priorities, and recommendations of the entities described in
paragraph (1).
``(d) Public Participation.--
``(1) In general.--The Authority and applicable State and
local development districts shall encourage and assist, to the
maximum extent practicable, public participation in the
development, revision, and implementation of all plans and
programs under this subtitle.
``(2) Regulations.--The Authority shall develop guidelines
for providing public participation described in paragraph (1),
including public hearings.
``SEC. 383H. PROGRAM DEVELOPMENT CRITERIA.
``(a) In General.--In considering programs and projects to be
provided assistance under this subtitle, and in establishing a priority
ranking of the requests for assistance provided by the Authority, the
Authority shall follow procedures that ensure, to the maximum extent
practicable, consideration of--
``(1) the relationship of the project or class of projects
to overall regional development;
``(2) the per capita income and poverty and unemployment
and outmigration rates in an area;
``(3) the financial resources available to the applicants
for assistance seeking to carry out the project, with emphasis
on ensuring that projects are adequately financed to maximize
the probability of successful economic development;
``(4) the importance of the project or class of projects in
relation to other projects or classes of projects that may be
in competition for the same funds;
``(5) the prospects that the project for which assistance
is sought will improve, on a continuing rather than a temporary
basis, the opportunities for employment, the average level of
income, or the economic development of the area served by the
project; and
``(6) the extent to which the project design provides for
detailed outcome measurements by which grant expenditures and
the results of the expenditures may be evaluated.
``(b) No Relocation Assistance.--No financial assistance authorized
by this subtitle shall be used to assist a person or entity in
relocating from one area to another, except that financial assistance
may be used as otherwise authorized by this title to attract businesses
from outside the region to the region.
``(c) Reduction of Funds.--Funds may be provided for a program or
project in a State under this subtitle only if the Authority determines
that the level of Federal or State financial assistance provided under
a law other than this subtitle, for the same type of program or project
in the same area of the State within the region, will not be reduced as
a result of funds made available by this subtitle.
``SEC. 383I. APPROVAL OF DEVELOPMENT PLANS AND PROJECTS.
``(a) In General.--A State or regional development plan or any
multistate subregional plan that is proposed for development under this
subtitle shall be reviewed by the Authority.
``(b) Evaluation by State Member.--An application for a grant or
any other assistance for a project under this subtitle shall be made
through and evaluated for approval by the State member of the Authority
representing the applicant.
``(c) Certification.--An application for a grant or other
assistance for a project shall be approved only on certification by the
State member that the application for the project--
``(1) describes ways in which the project complies with any
applicable State development plan;
``(2) meets applicable criteria under section 383H;
``(3) provides adequate assurance that the proposed project
will be properly administered, operated, and maintained; and
``(4) otherwise meets the requirements of this subtitle.
``(d) Votes for Decisions.--On certification by a State member of
the Authority of an application for a grant or other assistance for a
specific project under this section, an affirmative vote of the
Authority under section 383B(c) shall be required for approval of the
application.
``SEC. 383J. CONSENT OF STATES.
``Nothing in this subtitle requires any State to engage in or
accept any program under this subtitle without the consent of the
State.
``SEC. 383K. RECORDS.
``(a) Records of the Authority.--
``(1) In general.--The Authority shall maintain accurate
and complete records of all transactions and activities of the
Authority.
``(2) Availability.--All records of the Authority shall be
available for audit and examination by the Comptroller General
of the United States and the Inspector General of the
Department of Agriculture (including authorized representatives
of the Comptroller General and the Inspector General of the
Department of Agriculture).
``(b) Records of Recipients of Federal Assistance.--
``(1) In general.--A recipient of Federal funds under this
subtitle shall, as required by the Authority, maintain accurate
and complete records of transactions and activities financed
with Federal funds and report on the transactions and
activities to the Authority.
``(2) Availability.--All records required under paragraph
(1) shall be available for audit by the Comptroller General of
the United States, the Inspector General of the Department of
Agriculture, and the Authority (including authorized
representatives of the Comptroller General, the Inspector
General of the Department of Agriculture, and the Authority).
``(c) Annual Audit.--The Inspector General of the Department of
Agriculture shall audit the activities, transactions, and records of
the Authority on an annual basis.
``SEC. 383L. ANNUAL REPORT.
``Not later than 180 days after the end of each fiscal year, the
Authority shall submit to the President and to Congress a report
describing the activities carried out under this subtitle.
``SEC. 383M. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to the
Authority to carry out this subtitle $30,000,000 for each of fiscal
years 2002 through 2006, to remain available until expended.
``(b) Administrative Expenses.--Not more than 5 percent of the
amount appropriated under subsection (a) for a fiscal year shall be
used for administrative expenses of the Authority.
``(c) Minimum State Share of Grants.--Notwithstanding any other
provision of this subtitle, for any fiscal year, the aggregate amount
of grants received by a State and all persons or entities in the State
under this subtitle shall be not less than \1/3\ of the product
obtained by multiplying--
``(1) the aggregate amount of grants under this subtitle
for the fiscal year; and
``(2) the ratio that--
``(A) the population of the State (as determined by
the Secretary of Commerce based on the most recent
decennial census for which data are available); bears
to
``(B) the population of the region (as so
determined).
``SEC. 383N. TERMINATION OF AUTHORITY.
``This subtitle and the authority provided under this subtitle
expire on October 1, 2006.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
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