7 U.S. Code § 2009bb–1 - Northern Great Plains Regional Authority
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The Authority shall be composed of—
(A) a Federal member, to be appointed by the President, by and with the advice and consent of the Senate;
(B) the Governor (or a designee of the Governor) of each State in the region that elects to participate in the Authority; and
The Authority shall be headed by—
(A) the Federal member, who shall serve—
(B) a State cochairperson, who—
(4) Failure to confirm
(A) Federal member
Notwithstanding any other provision of this section, if a Federal member described in paragraph (2)(A) has not been confirmed by the Senate by not later than 180 days after the date of enactment of this paragraph, the Authority may organize and operate without the Federal member.
(b) Alternate members
(2) State alternates
(A) In general
The State member of a participating State may have a single alternate, who shall be—
(3) Alternate tribal cochairperson
The President shall appoint an alternate tribal cochairperson, by and with the advice and consent of the Senate.
(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 member of the Authority, shall be delegated to any person who is not—
(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)(D) of this section) 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 2009bb–8 of this title.
The Authority shall—
(1) develop, on a continuing basis, comprehensive and coordinated plans and programs for multistate cooperation to advance the economic and social well-being of the region and to approve grants for the economic development of the region, giving due consideration to other Federal, State, tribal, and local planning and development activities in the region;
(2) not later than 220 days after May 13, 2002, 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, tribal, and local agencies, universities, regional and local development districts or organizations, regional boards established under subchapter IX, and other nonprofit groups;
(4) formulate and recommend to the Governors and legislatures of States that participate in the Authority forms of interstate cooperation for—
(6) enhance the capacity of, and provide support for, multistate development and research organizations, local development organizations and districts, and resource conservation districts in the region;
(7) encourage private investment in industrial, commercial, renewable energy, 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, State, or tribal 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, tribal, or local agency such information as may be available to or procurable by the agency that may be of use to the Authority in carrying out the duties of the Authority;
(4) adopt, amend, and repeal bylaws and rules governing the conduct of business and the performance of duties of the Authority;
(5) request the head of any Federal 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 agency, tribal government, 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 tribal government; or
(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) Federal share
The Federal share of the administrative expenses of the Authority shall be—
(2) Non-Federal share
(A) In general
The non-Federal share of the administrative expenses of the Authority shall be paid by non-Federal sources in the States that participate in the Authority.
(B) Share paid by each State
The share of administrative expenses of the Authority to be paid by non-Federal sources in each State shall be determined by the Authority.
(C) No Federal participation
The Federal cochairperson shall not participate or vote in any decision under subparagraph (B).
(D) 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 provided to the State (including assistance to a political subdivision or a resident of the State); and
(1) Federal and tribal cochairpersons
(2) Alternate Federal and tribal cochairpersons
The alternate Federal cochairperson and the alternate tribal cochairperson—
(A) shall be compensated by the Federal Government at the annual rate of basic pay prescribed for 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 State law.
(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, tribal, local, or intergovernmental 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, Indian tribe member, State 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 or the Indian tribe) 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, Indian tribe 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, Indian tribe member, alternate, officer, or employee.
(j) Validity of contracts, loans, and grants
 So in original. Probably should be “section”.
Source(Pub. L. 87–128, title III, § 383B, as added Pub. L. 107–171, title VI, § 6028,May 13, 2002, 116 Stat. 375; amended Pub. L. 110–234, title VI, § 6026(b), (c)(2)(A),May 22, 2008, 122 Stat. 1177, 1179; Pub. L. 110–246, § 4(a), title VI, § 6026(b), (c)(2)(A),June 18, 2008, 122 Stat. 1664, 1939, 1940.)
References in Text
The date of enactment of this paragraph, referred to in subsec. (a)(4)(A), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.
Pub. L. 110–234and Pub. L. 110–246made identical amendments to this section. The amendments by Pub. L. 110–234were repealed by section 4(a) ofPub. L. 110–246.
2008—Subsec. (a)(4). Pub. L. 110–246, § 6026(b)(1), added par. (4).
Subsec. (c)(3)(B). Pub. L. 110–246, § 6026(c)(2)(A), made technical amendment to reference in original act which appears in text as reference to section 2009bb–8 of this title.
Subsec. (d)(1). Pub. L. 110–246, § 6026(b)(2)(A), substituted “programs for multistate cooperation to advance the economic and social well-being of the region and to” for “programs to establish priorities and”.
Subsec. (d)(3). Pub. L. 110–246, § 6026(b)(2)(B), substituted “regional and local development districts or organizations, regional boards established under subchapter IX,” for “local development districts,”.
Subsec. (d)(4). Pub. L. 110–246, § 6026(b)(2)(C), substituted “cooperation for—” for “cooperation;” in introductory provisions and added cls. (i) to (vi).
Subsec. (d)(6). Pub. L. 110–246, § 6026(b)(2)(D), added par. (6) and struck out former par. (6) which read as follows:
“(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;”.
Subsec. (d)(7). Pub. L. 110–246, § 6026(b)(2)(E), inserted “renewable energy,” after “commercial,”.
Subsec. (f)(2). Pub. L. 110–246, § 6026(b)(3), substituted “a cochairperson” for “the Federal cochairperson”.
Subsec. (g)(1). Pub. L. 110–246, § 6026(b)(4), added subpars. (A) to (C) and struck out former subpars. (A) to (C) which read as follows:
“(A) for fiscal year 2002, 100 percent;
“(B) for fiscal year 2003, 75 percent; and
“(C) for fiscal year 2004 and each fiscal year thereafter, 50 percent.”
Effective Date of 2008 Amendment
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