[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 26 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                 S. 26

To establish the Northern Appalachian Economic Development Commission, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 8, 2006

Ms. Snowe (for herself and Ms. Collins) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
To establish the Northern Appalachian Economic Development Commission, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Northern 
Appalachian Economic Development Commission Act of 2006''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Northern Appalachian Economic Development Commission.
Sec. 5. Local development districts; certification and administrative 
                            expenses.
Sec. 6. Regional development strategy.
Sec. 7. Economic development grants.
Sec. 8. Program development criteria.
Sec. 9. Approval of development strategies and projects.
Sec. 10. Records.
Sec. 11. Annual report.
Sec. 12. Consent of state.
Sec. 13. Private property protection and lack of regulatory effect.
Sec. 14. Authorization of appropriations.
Sec. 15. Termination of Commission.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Northern Appalachian region in the States of Maine, 
        New Hampshire, Vermont, and New York is abundant in natural 
        resources and rich in potential, but--
                    (A) the economic growth of the Northern Appalachian 
                region lags behind much of the United States; and
                    (B) the people of the Northern Appalachian region 
                have not shared in the economic prosperity of the 
                United States;
            (2) manufacturing sector losses and outmigration in the 
        region have contributed greatly to the difficulties of the 
        region with respect to entrepreneurial development and 
        sustainability;
            (3) the historic reliance of the region on a few basic 
        industries and agriculture has failed to provide an adequate 
        base for the protection of the natural resources of, and 
        vigorous self-sustaining growth in, the region;
            (4) small communities and rural communities across the 
        region continue to face economic shifts, outmigration, and 
        uncertainty;
            (5) small businesses are fueling the economic growth of the 
        United States by--
                    (A) producing over 50 percent of the Gross Domestic 
                Product; and
                    (B) creating \3/4\ of all new jobs in the United 
                States;
            (6) economic development of the region is feasible, 
        desirable, and urgently needed;
            (7) entrepreneurship is a critical element in the 
        establishment of self-sustaining communities that create jobs 
        and contribute broadly to economic and community development;
            (8) the Northern Appalachian region has historic 
        significance, recreational values, ecological values, and 
        productive capacity that should be preserved to help drive 
        development and maintain community well-being in the region;
            (9) the amount of funding available through existing 
        Federal programs should be increased to adequately address 
        economic, community, and conservation needs in the region;
            (10) the qualifying criteria of many Federal programs 
        exclude or underrepresent the unique land ownership patterns 
        and socioeconomic characteristics of the Northern Appalachian 
        region;
            (11) State and local governments and the people of the 
        region have made progress in addressing the economic problems 
        of the region while striving to--
                    (A) conserve the natural resource base;
                    (B) maintain the working forests;
                    (C) preserve open space; and
                    (D) provide opportunities for recreation and 
                tourism;
            (12) providing Federal assistance to the region is 
        necessary to--
                    (A) address the special economic and conservation 
                challenges of the region; and
                    (B) promote development on a coordinated and 
                concerted regional basis;
            (13) economic development of the region is feasible, 
        desirable, and urgently needed;
            (14) Federal assistance for the region should preserve the 
        traditional industries of the region, including manufacturing, 
        tourism, forestry, natural resources, agriculture, and outdoor 
        recreation; and
            (15) in order to provide support and develop economic 
        opportunities in the region, consideration should be given to 
        State and local government and economic development 
        organizations that promote small business and entrepreneurship 
        for purposes of determining how to allocate Federal assistance 
        under this Act in the region.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Northern 
        Appalachian Economic Development Commission established by 
        section 4(a).
            (2) Conservation.--The term ``conservation'' means--
                    (A) the preservation and protection of productive 
                working forests; and
                    (B) valuing the ecological and recreational uses of 
                productive working forests.
            (3) Federal grant program.--The term ``Federal grant 
        program'' means a Federal grant program to provide assistance 
        in carrying out economic, community, or conservation 
        development activities.
            (4) Local development district.--The term ``local 
        development district'' means a local development district 
        designated under section 5(a).
            (5) Nonprofit entity.--The term ``nonprofit entity'' means 
        any entity with tax-exempt or nonprofit status, as defined by 
        the Internal Revenue Service.
            (6) Region.--
                    (A) In general.--The term ``Region'' means the area 
                in the States of New York, Vermont, New Hampshire, and 
                Maine that is comprised of--
                            (i) all counties or political subdivision 
                        or census tracts within counties that have--
                                    (I) a population density of less 
                                than 500 individuals per square mile; 
                                and
                                    (II)(aa) a per capita income less 
                                than 75 percent of the national 
                                average;
                                    (bb) a poverty level greater than 
                                125 percent of the national average;
                                    (cc) an unemployment level greater 
                                than 200 percent of the national 
                                average; or
                                    (dd) a decline in population over 
                                the 10-year period ending on the date 
                                of enactment of this Act; or
                            (ii) all counties that are identified by 
                        the Commission as--
                                    (I) economically distressed 
                                counties; or
                                    (II) economically distressed 
                                subregions within counties that do not 
                                qualify as economically distressed 
                                counties.
                    (B) Exclusion.--The term ``Region'' does not 
                include a county or other political subdivision that is 
                eligible for assistance from the Appalachian Regional 
                Commission.

SEC. 4. NORTHERN APPALACHIAN ECONOMIC DEVELOPMENT COMMISSION.

    (a) Establishment.--
            (1) In general.--There is established the Northern 
        Appalachian Economic Development Commission to provide advisory 
        strategic guidance and coordination and grant assistance in 
        support of economic development, community development, and 
        natural resource conservation in the Region.
            (2) Composition.--The Commission 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 of each State in the Region that 
                elects to participate in the Commission.
            (3) Cochairperson.--The Commission 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 Commission; 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) State Alternates.--
            (1) Appointment.--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 cabinet or personal staff 
        of the Governor.
            (2) Service.--An alternate appointed under paragraph (1) 
        shall serve on the Commission in the event of the absence, 
        death, disability, removal, or resignation of the member for 
        whom the individual is an alternate.
    (c) Decisions.--A decision by the Commission shall require the 
affirmative vote of--
            (1) the Federal cochairperson; and
            (2) a majority of the State members.
    (d) Authority.--The authority of the Commission--
            (1) is limited to providing financial support and advisory 
        coordination for natural resource conservation and economic 
        development activities in the Region; and
            (2) does not include--
                    (A) any power of eminent domain or other authority 
                to compel the sale of land from an unwilling seller; or
                    (B) any zoning or other regulatory authority over 
                land use.
    (e) Duties.--The Commission shall--
            (1) assess the capital assets of the Region based on 
        available research, demonstration projects, assessments, and 
        evaluations of the Region prepared by Federal, State, or local 
        agencies, local development districts, or other appropriate 
        sources, including the Northern Forest Economic Adjustment 
        Strategy funded by the Economic Development Administration;
            (2) in consultation with private landowner representatives 
        from each State in the Region, to be appointed by the forest 
        products association of the applicable State, develop advisory 
        strategies for the Region to help coordinate ongoing efforts to 
        advance economic development and natural resource conservation 
        throughout the Region; and
            (3) encourage and support industrial, commercial, and other 
        economic development projects and natural resource conservation 
        that would foster development, including through--
                    (A) providing direct grants to support the 
                projects; and
                    (B) facilitating the coordinated application of 
                Federal, State, county, local, and private funding 
                sources.
    (f) Hearings.--In carrying out subsection (e), the Commission may 
hold such hearings, meet and act at such times and places, take such 
testimony, receive such evidence, and print and distribute a 
description of such proceedings and reports of the Commission as the 
Commission considers advisable to carry out this Act.
    (g) Federal Agency Cooperation.--A Federal agency shall--
            (1) cooperate with the Commission; and
            (2) provide, on request of the Federal cochairperson, 
        appropriate assistance in carrying out this Act, in accordance 
        with applicable Federal laws (including regulations).
    (h) Administrative Expenses.--
            (1) In general.--Administrative expenses of the Commission, 
        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 Commission, in an amount equal to 50 percent of the 
                administrative expenses.
            (2) Compensation.--
                    (A) Federal cochairperson.--The Federal 
                cochairperson shall be compensated at a rate 
                established under Federal law, as determined by the 
                President.
                    (B) State members and alternates.--Each State 
                member and alternate shall be compensated at a rate 
                established under State law.
                    (C) Additional personnel.--The Commission may 
                appoint and fix the compensation of an executive 
                director and such other personnel as are necessary to 
                enable the Commission to carry out the duties of the 
                Commission.

SEC. 5. LOCAL DEVELOPMENT DISTRICTS; CERTIFICATION AND ADMINISTRATIVE 
              EXPENSES.

    (a) Designation of Local Development District.--The State may 
designate local development districts to receive assistance under this 
Act, including--
            (1) a planning district in existence on the date of 
        enactment of this Act that is recognized by the Economic 
        Development Administration of the Department of Commerce; or
            (2) a developed district recognized by the State; or
            (3) an entity designated by the Commission that satisfies 
        the criteria development by the Economic Development 
        Administration for a local development district.
    (b) Administrative Grants to Local Development Districts.--
            (1) In general.--The Commission may provide a grant to a 
        local development district for use in paying administrative 
        expenses of the local development district.
            (2) Conditions for grants.--
                    (A) Maximum amount.--The amount of a grant under 
                paragraph (1) shall not exceed 80 percent of the 
                administrative expenses of the local development 
                district receiving the grant.
                    (B) 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; 
                and
                    (B) provide technical assistance to potential 
                grantees.

SEC. 6. REGIONAL DEVELOPMENT STRATEGY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Commission shall develop an integrated development 
strategy for the Region (including 5-year regional outcome targets), 
taking into consideration the Northern Forest Economic Adjustment 
Strategy funded by the Economic Development Administration.
    (b) State Development Strategy.--
            (1) In general.--In accordance with policies established by 
        the Commission, each State member shall submit to the 
        Commission a development strategy for the area of the Region 
        represented by the State member.
            (2) Contents.--A State development strategy submitted under 
        paragraph (1) shall--
                    (A) reflect the goals, objectives, and priorities 
                identified in the development strategy for the Region 
                developed under subsection (a); and
                    (B) be consistent with State wildlife and open 
                space planning efforts.
            (3) Consultation.--In developing a development strategy, a 
        State shall--
                    (A) consult with--
                            (i) local development districts;
                            (ii) units of local government;
                            (iii) institutions of higher education; and
                            (iv) nongovernmental entities; and
                    (B) take into consideration the goals, objectives, 
                priorities, and recommendations of the entities 
                described in subparagraph (A).
    (c) Public Participation.--The Commission 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 development strategies and programs under 
this Act.
    (d) Limitations.--A development strategy developed by the 
Commission or a State under subsection (a) or (b), respectively--
            (1) shall be advisory only; and
            (2) shall not supercede any other plan, strategy, or policy 
        prepared by--
                    (A) a Federal, State, or local agency;
                    (B) a local development district; or
                    (C) any other appropriate entity.

SEC. 7. ECONOMIC DEVELOPMENT GRANTS.

    (a) In General.--The Commission may approve grants to States, local 
development districts, and public and nonprofit entities for projects--
            (1) to develop the infrastructure of the Region for the 
        purpose of facilitating development (except that grants for 
        this purpose may only be made to a State or local government);
            (2) to assist the Region in obtaining job training, 
        employment-related education, and business development;
            (3) to assist the Region in community development;
            (4) to provide assistance to severely distressed and 
        underdeveloped areas;
            (5) to conserve the resource base of the Region to--
                    (A) maintain working forests;
                    (B) enhance habitat and open space; or
                    (C) maintain the ecological integrity of the 
                Region; and
            (6) to otherwise achieve the purposes of this Act.
    (b) Funding.--Funds for grants under subsection (a) may be 
provided--
            (1) entirely from appropriations to carry out this section;
            (2) in combination with funds available under another 
        Federal or State grant program; or
            (3) from any other source.
    (c) Eligible Projects.--The Commission may provide assistance, make 
grants, enter into contracts, and otherwise provide funds to eligible 
entities in the Region for projects that promote--
            (1) job training or employment-related education;
            (2) local planning and leadership development;
            (3) basic public infrastructure, including high-tech 
        infrastructure and productive natural resource conservation;
            (4) technical assistance for the modernization and 
        diversification of the forest products industry to support 
        value-added forest products enterprises;
            (5) forest and land-related cultural, nature-based, and 
        heritage tourism;
            (6) entrepenurship, including projects that--
                    (A) support business development;
                    (B) support the advancement of, and provide 
                entrepreneurship training and education to, aspiring 
                entrepreneurs, existing businesses, and students;
                    (C) provide access to capital, including by 
                facilitating the establishment of small business 
                venture capital funds;
                    (D) develop and support business innovation;
                    (E) support existing entrepreneur and small 
                business development programs and projects; and
                    (F) support projects for small business innovation 
                research; and
            (7) any other project facilitating development in the 
        Region.
    (d) Federal Share.--Notwithstanding any provision of law limiting 
the Federal share under any grant program, funds made available to 
carry out this section may be used to increase the Federal share under 
a grant program, as the Commission determines appropriate.

SEC. 8. PROGRAM DEVELOPMENT CRITERIA.

    (a) In General.--In considering projects to be provided assistance 
under this Act and in establishing a priority ranking of the requests 
for assistance provided by the Commission, the Commission shall follow 
procedures that ensure, to the maximum extent practicable, 
consideration of--
            (1) the relationship of a project to overall regional 
        development in the State and the Region;
            (2) the per capita income and poverty and unemployment 
        rates and other socioeconomic indicators in an area, including 
        outmigration;
            (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 development;
            (4) the importance of the project in relation to other 
        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, economic development, or natural resource integrity 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 Act shall be used to assist an establishment in relocating from 
1 area to another.
    (c) Reduction of Funds.--Funds may be provided for a project in a 
State under this Act only if the Commission determines that the level 
of Federal or State financial assistance provided under a law other 
than this Act, 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 Act.

SEC. 9. APPROVAL OF DEVELOPMENT STRATEGIES AND PROJECTS.

    (a) In General.--The Commission shall review any State or regional 
development strategy or any multistate subregional strategy that is 
proposed for development under this Act.
    (b) Evaluation by State Member.--An application for a grant or any 
other assistance for a project under this Act shall be made through, 
and evaluated for approval by, the State member of the Commission 
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 and Federal cochairperson that the application for the project--
            (1) describes ways in which the project complies with any 
        applicable State development strategy;
            (2) meets applicable criteria;
            (3) provides adequate assurance that the proposed project 
        will be properly administered, operated, and maintained; and
            (4) otherwise meets the requirements of this Act.
    (d) Votes for Decisions.--On certification of an application for a 
grant or other assistance for a specific project under this section, an 
affirmative vote of the Commission under section 4(c) shall be required 
for approval of the application.

SEC. 10. RECORDS.

    (a) Records of the Commission.--
            (1) In general.--The Commission shall maintain accurate and 
        complete records of all transactions and activities of the 
        Commission.
            (2) Availability.--All records of the Commission shall be 
        available for audit and examination by the Comptroller General 
        of the United States (including authorized representatives of 
        the Comptroller General) and Governors of participating States.
    (b) Records of Recipients of Federal Assistance.--
            (1) In general.--A recipient of Federal funds under this 
        Act shall, as required by the Commission, maintain accurate and 
        complete records of transactions and activities financed with 
        Federal funds and report on the transactions and activities to 
        the Commission.
            (2) Availability.--All records required under paragraph (1) 
        shall be available for audit by the Comptroller General of the 
        United States, and the Commission (including authorized 
        representatives of the Comptroller General and the Commission).

SEC. 11. ANNUAL REPORT.

    Not later than 180 days after the end of each fiscal year, the 
Commission shall submit to the President and to Congress a report 
describing the activities carried out under this Act.

SEC. 12. CONSENT OF STATE.

    Nothing in this Act requires any State to engage in or accept any 
program under this Act without the consent of the State.

SEC. 13. PRIVATE PROPERTY PROTECTION AND LACK OF REGULATORY EFFECT.

    (a) Access to Private Property.--Nothing in this Act--
            (1) requires a private property owner to permit public 
        access (including access by the Federal Government or State or 
        local governments) to private property; or
            (2) modifies any provision of Federal, State, or local law 
        with respect to public access to, or use of, private property.
    (b) Liability.--Nothing in this Act creates any liability, or has 
any effect on liability under any other law, of a private property 
owner with respect to any persons injured on the private property.
    (c) Recognition of Authority To Control Land Use.--Nothing in this 
Act modifies any authority of the Federal Government or State or local 
governments to regulate land use.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Commission to carry out this Act $40,000,000 for each of fiscal years 
2008 through 2012, to remain available until expended.
    (b) Administrative Expenses.--Not more than 5 percent of the 
amounts made available under subsection (a) for a fiscal year may be 
used for administrative expenses of the Commission.

SEC. 15. TERMINATION OF COMMISSION.

    The Commission shall terminate on October 1, 2010.
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