§ 2009aa-1. — Delta Regional Authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2009aa-1]
TITLE 7--AGRICULTURE
CHAPTER 50--AGRICULTURAL CREDIT
SUBCHAPTER VI--DELTA REGIONAL AUTHORITY
Sec. 2009aa-1. Delta Regional Authority
(a) Establishment
(1) In general
There is established the Delta 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) of this section, 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) Temporary method
During the period beginning on May 13, 2002, and ending on
December 31, 2004, 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, 2005, 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.
(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 2009aa-8 of this
title.
(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 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;
(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) 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--
(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 subchapter, 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 subchapter 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.
(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) 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
(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) of this section
shall not be subject to subparagraph (A), but shall remain
subject to sections 202 through 209 of title 18.
(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, 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) 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--
(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) of this
section, subsection (i) of this section, or sections 202 through 209 of
title 18.
(Pub. L. 87-128, title III, Sec. 382B, as added Pub. L. 106-554,
Sec. 1(a)(4) [div. B, title V, Sec. 503], Dec. 21, 2000, 114 Stat. 2763,
2763A-269; amended Pub. L. 107-171, title VI, Sec. 6027(a), (b), May 13,
2002, 116 Stat. 373.)
Amendments
2002--Subsec. (c)(1). Pub. L. 107-171, Sec. 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, Sec. 6027(b), substituted ``,
rules, and regulations'' for ``and rules''.
Section Referred to in Other Sections
This section is referred to in sections 2009aa, 2009aa-6, 2009aa-8
of this title.
