1.Short
title; table of contents
(a)This Act may be cited
as the Northern Appalachian Economic
Development Commission Act of 2006
.
(b)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.
2.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.
3.In this Act:
(1)The
term Commission means the Northern Appalachian Economic
Development Commission established by section 4(a).
(2)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)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 districtThe term local development
district
means a local development district designated under section
5(a).
(5)The term nonprofit entity means any entity
with tax-exempt or nonprofit status, as defined by the Internal Revenue
Service.
(6)
(A)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)The
term Region
does not include a county or other political
subdivision that is eligible for assistance from the Appalachian Regional
Commission.
4.Northern
Appalachian Economic Development Commission
(a)
(1)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)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)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)
(1)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)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)A
decision by the Commission shall require the affirmative vote of—
(1)the Federal
cochairperson; and
(2)a majority of the
State members.
(d)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)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)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
cooperationA 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)
(1)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)
(A)The Federal cochairperson shall be compensated at a
rate established under Federal law, as determined by the President.
(B)State members
and alternatesEach State member and alternate shall be
compensated at a rate established under State law.
(C)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.
5.Local
development districts; certification and administrative expenses
(a)Designation of
local development districtThe 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)The Commission may provide a grant to a local development
district for use in paying administrative expenses of the local development
district.
(2)
(A)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)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 districtsA 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.
6.Regional
development strategy
(a)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 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)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)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)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)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.
7.Economic
development grants
(a)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)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)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)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.
8.Program
development criteria
(a)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 financial assistance authorized by this Act shall
be used to assist an establishment in relocating from 1 area to another.
(c)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.
9.Approval of
development strategies and projects
(a)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 memberAn 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)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)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.
10.
(a)Records of the
commission
(1)The Commission shall maintain accurate and complete
records of all transactions and activities of the Commission.
(2)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)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)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).
11.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.
12.Nothing in this Act
requires any State to engage in or accept any program under this Act without
the consent of the State.
13.Private
property protection and lack of regulatory effect
(a)Access to
private propertyNothing 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)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 useNothing in this Act modifies any
authority of the Federal Government or State or local governments to regulate
land use.
14.Authorization
of appropriations
(a)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)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.
15.Termination of
CommissionThe Commission
shall terminate on October 1, 2010.