7 U.S. Code § 2009aa–1 - Delta Regional Authority
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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
The Authority shall be headed by—
(A) the Federal member, who shall serve—
(b) Alternate members
(1) State alternates
The State member of a participating State may have a single alternate, who shall be—
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) of this section, and no voting right of any Authority member, shall be delegated to any person—
(1) In general—voting
A decision by the Authority shall require the affirmative vote of the Federal cochairperson and a majority of the State members (not including any member representing a State that is delinquent under subsection (g)(2)(C)) to be effective.
A quorum of State members shall be required to be present for the Authority to make any policy decision, including—
(3) Project and grant proposals
The approval of project and grant proposals shall be—
(B) conducted in accordance with section 2009aa–8 of this title.
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 December 21, 2000, 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;
(7) encourage private investment in industrial, commercial, and other economic development projects in the region; and
In carrying out subsection (d) of this section, 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, rules, and regulations 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—
(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—
(f) Federal agency cooperation
A Federal agency shall—
(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—
(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 subchapter shall be furnished to the State (including assistance to a political subdivision or a resident of the State); and
(1) Federal cochairperson
(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
(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.
(4) Detailed employees
(A) In general
No person detailed to serve the Authority under subsection (e)(6) of this section 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
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
(5) Additional personnel
(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.
(B) Executive director
The executive director shall be responsible for—
(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) of this section) 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—
(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.
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;
(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.
(j) Validity of contracts, loans, and grants
Source(Pub. L. 87–128, title III, § 382B, as added Pub. L. 106–554, § 1(a)(4) [div. B, title V, § 503], Dec. 21, 2000, 114 Stat. 2763, 2763A–269; amended Pub. L. 107–171, title VI, § 6027(a), (b),May 13, 2002, 116 Stat. 373; Pub. L. 108–447, div. C, title V, § 506,Dec. 8, 2004, 118 Stat. 2963; Pub. L. 111–85, title IV, § 402,Oct. 28, 2009, 123 Stat. 2878.)
2009—Subsec. (c)(1). Pub. L. 111–85, which directed amendment of section 382B(c) of the Delta Regional Authority Act of 2000 by adding par. (1) and striking out former par. (1), was executed to this section, which is section 382B of the Consolidated Farm and Rural Development Act, to reflect the probable intent of Congress. Prior to amendment, text read as follows:
“(A) Temporary method.—During the period beginning on May 13, 2002, and ending on December 31, 2008, a decision by the Authority shall require the affirmative vote of the Federal cochairperson and a majority of the State members (not including any member representing a State that is delinquent under subsection (g)(2)(C) of this section) to be effective.
“(B) Permanent method.—Effective beginning on January 1, 2009, 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) of this section) to be effective.”
2004—Subsec. (c)(1)(A). Pub. L. 108–447, § 506(1), substituted “2008” for “2004”.
Subsec. (c)(1)(B). Pub. L. 108–447, § 506(2), substituted “2009” for “2005”.
2002—Subsec. (c)(1). Pub. L. 107–171, § 6027(a), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “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) of this section) to be effective.”
Subsec. (e)(4). Pub. L. 107–171, § 6027(b), substituted “, rules, and regulations” for “and rules”.
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