Notes on 42 U.S.C. § 3121 : US Code - Notes

Search Notes on 42 U.S.C. § 3121 : US Code - Notes

(Pub. L. 89-136, Sec. 2, as added Pub. L. 105-393, title I, Sec.
102(a), Nov. 13, 1998, 112 Stat. 3598; amended Pub. L. 108-373,
title I, Sec. 101, Oct. 27, 2004, 118 Stat. 1757.)
PRIOR PROVISIONS
A prior section 3121, Pub. L. 89-136, Sec. 2, Aug. 26, 1965, 79
Stat. 552; Pub. L. 94-487, title I, Sec. 102, Oct. 12, 1976, 90
Stat. 2331, set forth congressional findings and statement of
purpose of chapter, prior to repeal by Pub. L. 105-393, Sec.
102(a).
AMENDMENTS
2004 - Pub. L. 108-373 reenacted section catchline without change
and amended text generally, substituting pars. (1) to (6) for
former pars. (1) to (8) in subsec. (a) and pars. (1) to (4) for
former pars. (1) to (3) in subsec. (b).
EFFECTIVE DATE
Pub. L. 105-393, title I, Sec. 105, Nov. 13, 1998, 112 Stat.
3618, provided that: "This title [see Short Title of 1998 Amendment
note set out below] and the amendments made by this title shall
take effect on a date determined by the Secretary of Commerce, but
not later than 90 days after the date of enactment of this Act
[Nov. 13, 1998]." [Effective Feb. 11, 1999, see 64 F.R. 9222.]
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108-373, Sec. 1(a), Oct. 27, 2004, 118 Stat. 1756,
provided that: "This Act [enacting sections 3154 to 3154d, 3221,
3222, and 3234 of this title, amending this section and sections
3122, 3131, 3133, 3143 to 3147, 3149, 3151, 3161, 3162, 3174, 3192,
3196, 3212, 3213, 3219, and 3231 of this title, and repealing
sections 3148, 3173, and 3195 of this title] may be cited as the
'Economic Development Administration Reauthorization Act of 2004'."
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105-393, Sec. 1(a), Nov. 13, 1998, 112 Stat. 3596,
provided that: "This Act [see Tables for classification] may be
cited as the 'Economic Development Administration and Appalachian
Regional Development Reform Act of 1998'."
Pub. L. 105-393, title I, Sec. 101, Nov. 13, 1998, 112 Stat.
3597, provided that: "This title [enacting subchapters I to VII of
this chapter, transferring section 3222 of this title to section
3212 of this title, amending section 5316 of Title 5, Government
Organization and Employees, repealing former subchapters I to X of
this chapter, enacting provisions set out as notes under this
section, and repealing provisions set out as a note under this
section] may be cited as the 'Economic Development Administration
Reform Act of 1998'."
SHORT TITLE OF 1976 AMENDMENT
Pub. L. 94-487, Sec. 101, Oct. 12, 1976, 90 Stat. 2331, provided
that: "This Act [enacting sections 3137, 3144, 3173, and 3246h of
this title, amending this section and sections 3131, 3132, 3135,
3141, 3142, 3151a, 3152, 3153, 3161, 3171, 3172, 3188a, 3214, 3241,
3243, 3245, 3246a to 3246c, and 3246e to 3246g of this title,
repealing section 3246d of this title, enacting provisions set out
as notes under this section, and amending provisions set out as a
note under section 3162 of this title] may be cited as the 'Public
Works and Economic Development Act Amendments of 1976'."
SHORT TITLE OF 1975 AMENDMENTS
Pub. L. 94-188, Sec. 1, Dec. 31, 1975, 89 Stat. 1079, provided:
"That this Act [enacting sections 3194 to 3196 of this title and
sections 225 and 303 of the Appendix to former Title 40, Public
Buildings, Property, and Works, amending sections 3181, 3182, 3188a
and 3192 of this title, and sections 2, 101, 102, 105-107, 201,
202, 205, 207, 211, 214, 223, 224, 302, 401 and 405 of the Appendix
to former Title 40, repealing section 3134 of this title, and
enacting provisions set out as notes under sections 3181 and 3183
of this title and sections 1, 2 and 201 of the Appendix of former
Title 40] may be cited as the 'Regional Development Act of 1975'."
Pub. L. 94-188, title II, Sec. 201, Dec. 31, 1975, 89 Stat. 1087,
provided that: "This title [enacting sections 3194 to 3196 of this
title, amending sections 3181, 3182, 3188a, and 3192 of this title,
and enacting provisions set out as note under section 3183 of this
title] may be cited as the 'Regional Action Planning Commission
Improvement Act of 1975'."
SHORT TITLE OF 1974 AMENDMENT
Pub. L. 93-567, Sec. 1, Dec. 31, 1974, 88 Stat. 1845, provided:
"That this Act [enacting sections 3246 to 3246g of this title and
sections 961 to 966 of Title 29, Labor, amending section 1244 of
Title 20, Education, and sections 841, 842, 844, 845, 849 to 851,
981, and 983 of Title 29, and enacting provisions set out as notes
under sections 3304 of Title 26, Internal Revenue Code, and 4102 of
Title 38, Veterans' Benefits] may be cited as the 'Emergency Jobs
and Unemployment Assistance Act of 1974'."
SHORT TITLE OF 1971 AMENDMENT
Pub. L. 92-65, title I, Sec. 101, Aug. 5, 1971, 85 Stat. 166,
provided that: "This title [enacting section 3123 of this title and
amending this section, sections 3135, 3141, 3152, 3161, 3162, 3171,
3188a, and 3191 of this title, and provisions set out as a note
under section 3162 of this title] may be cited as the 'Public Works
and Economic Development Act Amendments of 1971'."
SHORT TITLE OF 1969 AMENDMENT
Pub. L. 91-123, title II, Sec. 201, Nov. 25, 1969, 83 Stat. 216,
provided that: "This title [enacting sections 3190, 3191, and 3192
of this title and amending this section and sections 3185, 3186,
and 3188a of this title] may be cited as the 'Regional Action
Planning Commission Amendments of 1969'."
SHORT TITLE
Pub. L. 89-136, Sec. 1(a), as added Pub. L. 105-393, title I,
Sec. 102(a), Nov. 13, 1998, 112 Stat. 3597, provided that: "This
Act [enacting this chapter] may be cited as the 'Public Works and
Economic Development Act of 1965'."
A prior section 1 of Pub. L. 89-136, which provided that Pub. L.
89-136 could be cited as the "Public Works and Economic Development
Act of 1965", was repealed by Pub. L. 105-393, title I, Sec.
102(a), Nov. 13, 1998, 112 Stat. 3597.
TRANSITION PROVISIONS
Pub. L. 105-393, title I, Sec. 104, Nov. 13, 1998, 112 Stat.
3617, provided that:
"(a) Existing Rights, Duties, and Obligations. - This title [see
Short Title of 1998 Amendment note set out above], including the
amendments made by this title, does not affect the validity of any
right, duty, or obligation of the United States or any other person
arising under any contract, loan, or other instrument or agreement
that was in effect on the day before the effective date of this
title [see Effective Date note set out above].
"(b) Continuation of Suits. - No action or other proceeding
commenced by or against any officer or employee of the Economic
Development Administration shall abate by reason of the enactment
of this title.
"(c) Liquidating Account. - The Economic Development Revolving
Fund established under section 203 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3143) (as in effect on the day
before the effective date of this title) shall continue to be
available to the Secretary of Commerce as a liquidating account (as
defined in section 502 of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a)) for payment of obligations and expenses in connection
with financial assistance provided under -
"(1) the Public Works and Economic Development Act of 1965 (42
U.S.C. 3121 et seq.);
"(2) the Area Redevelopment Act (42 U.S.C. 2501 et seq.); and
"(3) the Trade Act of 1974 (19 U.S.C. 2101 et seq.).
"(d) Administration. - The Secretary of Commerce shall take such
actions authorized before the effective date of this title as are
appropriate to administer and liquidate grants, contracts,
agreements, loans, obligations, debentures, or guarantees made by
the Secretary under law in effect before the effective date of this
title."
DENALI COMMISSION
Pub. L. 105-277, div. C, title III, Oct. 21, 1998, 112 Stat. 2681-
637, as amended by Pub. L. 106-31, title I, Sec. 105(a), May 21,
1999, 113 Stat. 62; Pub. L. 106-113, div. B, Sec. 1000(a)(4) [title
VII, Sec. 701], Nov. 29, 1999, 113 Stat. 1535, 1501A-280; Pub. L.
108-7, div. A, title VII, Sec. 749, div. D, title V, Sec. 504, Feb.
20, 2003, 117 Stat. 44, 158; Pub. L. 108-199, div. B, title I, Sec.
112(d), div. E, title II, Sec. 222, Jan. 23, 2004, 118 Stat. 63,
256; Pub. L. 108-447, div. H, title V, Sec. 521, Dec. 8, 2004, 118
Stat. 3268; Pub. L. 109-59, title I, Sec. 1960, Aug. 10, 2005, 119
Stat. 1516, provided that:
"SEC. 301. SHORT TITLE.
"This title may be cited as the 'Denali Commission Act of 1998'.
"SEC. 302. PURPOSES.
"The purposes of this title are as follows:
"(1) To deliver the services of the Federal Government in the
most cost-effective manner practicable by reducing administrative
and overhead costs.
"(2) To provide job training and other economic development
services in rural communities particularly distressed communities
(many of which have a rate of unemployment that exceeds 50
percent).
"(3) To promote rural development, provide power generation and
transmission facilities, modern communication systems, water and
sewer systems and other infrastructure needs.
"SEC. 303. ESTABLISHMENT OF COMMISSION.
"(a) Establishment. - There is established a commission to be
known as the Denali Commission (referred to in this title as the
'Commission').
"(b) Membership. -
"(1) Composition. - The Commission shall be composed of 7
members, who shall be appointed by the Secretary of Commerce
(referred to in this title as the 'Secretary'), of whom -
"(A) one shall be the Governor of the State of Alaska, or an
individual selected from nominations submitted by the Governor,
who shall serve as the State Cochairperson;
"(B) one shall be the President of the University of Alaska,
or an individual selected from nominations submitted by the
President of the University of Alaska;
"(C) one shall be the President of the Alaska Municipal
League or an individual selected from nominations submitted by
the President of the Alaska Municipal League;
"(D) one shall be the President of the Alaska Federation of
Natives or an individual selected from nominations submitted by
the President of the Alaska Federation of Natives;
"(E) one shall be the Executive President of the Alaska State
AFL-CIO or an individual selected from nominations submitted by
the Executive President;
"(F) one shall be the President of the Associated General
Contractors of Alaska or an individual selected from
nominations submitted by the President of the Associated
General Contractors of Alaska; and
"(G) one shall be the Federal Cochairperson, who shall be
selected in accordance with the requirements of paragraph (2).
"(2) Federal cochairperson. -
"(A) In general. - The President pro temporare [sic] of the
Senate and the Speaker of the House of Representatives shall
each submit a list of nominations for the position of the
Federal Cochairperson under paragraph (1)(G), including
pertinent biographical information, to the Secretary.
"(B) Appointment. - The Secretary shall appoint the Federal
Cochairperson from among the list of nominations submitted
under subparagraph (A). The Federal Cochairperson shall serve
as an employee of the Department of Commerce, and may be
removed by the Secretary for cause.
"(C) Federal cochairperson vote. - The Federal Cochairperson
appointed under this paragraph shall break any tie in the
voting of the Commission.
"(4) Date. - The appointments of the members of the Commission
shall be made no later than January 1, 1999.
"(c) Period of Appointment; Vacancies. - The Federal
Cochairperson shall serve for a term of four years and may be
reappointed. All other members shall be appointed for the life of
the Commission. Any vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner as the original
appointment.
"(d) Meetings. -
"(1) In general. - The Commission shall meet at the call of the
Federal Cochairperson not less frequently than 2 times each year,
and may, as appropriate, conduct business by telephone or other
electronic means.
"(2) Notification. - Not later than 2 weeks before calling a
meeting under this subsection, the Federal Cochairperson shall -
"(A) notify each member of the Commission of the time, date
and location of that meeting; and
"(B) provide each member of the Commission with a written
agenda for the meeting, including any proposals for discussion
and consideration, and any appropriate background materials.
"(e) Quorum. - A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold
hearings.
"SEC. 304. DUTIES OF THE COMMISSION.
"(a) Work Plan. -
"(1) In general. - Not later than 1 year after the date of
enactment of this Act [Oct. 21, 1998] and annually thereafter,
the Commission shall develop a proposed work plan for Alaska that
meets the requirements of paragraph (2) and submit that plan to
the Federal Cochairperson for review in accordance with the
requirements of subsection (b).
"(2) Work plan. - In developing the work plan, the Commission
shall -
"(A) solicit project proposals from local governments and
other entities and organizations; and
"(B) provide for a comprehensive work plan for rural and
infrastructure development and necessary job training in the
area covered under the work plan.
"(3) Report. - Upon completion of a work plan under this
subsection, the Commission shall prepare, and submit to the
Secretary, the Federal Cochairperson, and the Director of the
Office of Management and Budget, a report that outlines the work
plan and contains recommendations for funding priorities.
"(b) Review by Federal Cochairperson. -
"(1) In general. - Upon receiving a work plan under this
section, the Secretary, acting through the Federal Cochairperson,
shall publish the work plan in the Federal Register, with notice
and an opportunity for public comment. The period for public
review and comment shall be the 30-day period beginning on the
date of publication of that notice.
"(2) Criteria for review. - In conducting a review under
paragraph (1), the Secretary, acting through the Federal
Cochairperson, shall -
"(A) take into consideration the information, views, and
comments received from interested parties through the public
review and comment process specified in paragraph (1); and
"(B) consult with appropriate Federal officials in Alaska
including but not limited to Bureau of Indian Affairs, Economic
Development Administration, and Rural Development
Administration.
"(3) Approval. - Not later than 30 days after the end of the
period specified in paragraph (1), the Secretary acting through
the Federal Cochairperson, shall -
"(A) approve, disapprove, or partially approve the work plan
that is the subject of the review; and
"(B) issue to the Commission a notice of the approval,
disapproval, or partial approval that -
"(i) specifies the reasons for disapproving any portion of
the work plan; and
"(ii) if applicable, includes recommendations for revisions
to the work plan to make the plan subject to approval.
"(4) Review of disapproval or partial approval. - If the
Secretary, acting through the Federal Cochairperson, disapproves
or partially approves a work plan, the Federal Cochairperson
shall submit that work plan to the Commission for review and
revision.
"SEC. 305. POWERS OF THE COMMISSION.
"(a) Information From Federal Agencies. - The Commission may
secure directly from any Federal department or agency such
information as it considers necessary to carry out the provisions
of this Act [title]. Upon request of the Federal Cochairperson of
the Commission, the head of such department or agency shall furnish
such information to the Commission. Agencies must provide the
Commission with the requested information in a timely manner.
Agencies are not required to provide the Commission any information
that is exempt from disclosure by the Freedom of Information Act [5
U.S.C. 552]. Agenices [sic] may, upon request by the Commission,
make services and personnel available to the Commission to carry
out the duties of the Commission. To the maximum extent
practicable, the Commission shall contract for completion of
necesssary [sic] work utilizing local firms and labor to minimize
costs.
"(b) Postal Services. - The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
"(c) Gifts. - The Commission may accept, use, and dispose of
gifts or donations of services or property.
"(d) The Commission, acting through the Federal Cochairperson, is
authorized to enter into contracts and cooperative agreements,
award grants, and make payments necessary to carry out the purposes
of the Commission. With respect to funds appropriated to the
Commission for fiscal year 1999, the Commission, acting through the
Federal Cochairperson, is authorized to enter into contracts and
cooperative agreements, award grants, and make payments to
implement an interim work plan for fiscal year 1999 approved by the
Commission.
"SEC. 306. COMMISSION PERSONNEL MATTERS.
"(a) Compensation of Members. - Each member of the Commission who
is not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual
rate of basic pay prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day
(including travel time) during the time such member is engaged in
the performance of the duties of the Commission. The Federal
Cochairperson shall be compensated at the annual rate prescribed
for level IV of the Executive Schedule under section 5315 of title
5, United States Code. All members of the Commission who are
officers or employees of the United States shall serve without
compensation that is in addition to that received for their
services as officers or employees of the United States.
"(b) Travel Expenses. - The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their
homes or regular places of business in the performance of services
for the Commission.
"(c) Staff. -
"(1) In general. - The Federal Cochairperson of the Commission
may, without regard to the civil service laws and regulations,
appoint such personnel as may be necessary to enable the
Commission to perform its duties.
"(2) Compensation. - The Federal Cochairperson of the
Commission may fix the compensation of personnel without regard
to the provisions of chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates.
"(d) Detail of Government Employees. - Any Federal Government
employee may be detailed to the Commission without reimbursement,
and such detail shall be without interruption or loss of civil
service status or privilege.
"(e) Procurement of Temporary and Intermittent Services. - The
Federal Cochairperson of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level V
of the Executive Schedule under section 5316 of such title.
"(f) Offices. - The principal office of the Commission shall be
located in Alaska, at a location that the Commission shall select.
"(g) Administrative Expenses and Records. - The Commission is
hereby prohibited from using more than 5 percent of the amounts
appropriated under the authority of this Act [probably means this
title] or transferred pursuant to section 329 of the Department of
Transportation and Related Agencies Appropriations Act, 1999
(section 101(g) of division A of this Act) [43 U.S.C. 1653 note]
for administrative expenses. The Commission and its grantees shall
maintain accurate and complete records which shall be available for
audit and examination by the Comptroller General or his or her
designee.
"(h) Inspector General. - [Amended section 8G of the Inspector
General Act, 5 App. U.S.C.]
"SEC. 307. SPECIAL FUNCTIONS.
"(a) Rural Utilities. - In carrying out its functions under this
title, the Commission shall as appropriate, provide assistance,
seek to avoid duplicating services and assistance, and complement
the water and sewer wastewater programs under section 306D of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1926d) and
section 303 of the Safe Drinking Water Act Amendments of 1996 (33
U.S.C. 1263a).
"(b) Bulk Fuels. - Funds transferred to the Commission pursuant
to section 329 of the Department of Transportation and Related
Agencies Appropriations Act, 1999 (section 101(g) of division A of
this Act) [43 U.S.C. 1653 note] shall be available without further
appropriation and until expended. The Commission, in consultation
with the Commandant of the Coast Guard, shall develop a plan to
provide for the repair or replacement of bulk fuel storage tanks in
Alaska that are not in compliance with applicable -
"(1) Federal law, including the Oil Pollution Act of 1990 (104
Stat. 484) [33 U.S.C. 2701 et seq.]; or
"(2) State law.
"(c) Demonstration Health Projects. - In order to demonstrate the
value of adequate health facilities and services to the economic
development of the region, the Secretary of Health and Human
Services is authorized to make interagency transfers to the Denali
Commission to plan, construct, and equip demonstration health,
nutrition, and child care projects, including hospitals, health
care clinics, and mental health facilities (including drug and
alcohol treatment centers) in accordance with the Work Plan
referred to under section 304 of Title III - Denali Commission of
Division C - Other Matters of Public Law 105-277. No grant for
construction or equipment of a demonstration project shall exceed
50 percentum of such costs, unless the project is located in a
severely economically distressed community, as identified in the
Work Plan referred to under section 304 of Title III - Denali
Commission of Division C - Other Matters of Public Law 105-277, in
which case no grant shall exceed 80 percentum of such costs. To
carry out this section, there is authorized to be appropriated such
sums as may be necessary.
"(d) Solid Waste. - The Secretary of Agriculture is authorized to
make direct lump sum payments which shall remain available until
expended to the Denali Commission to address deficiencies in solid
waste disposal sites which threaten to contaminate rural drinking
water supplies.
"(e) Docks, Waterfront Transportation Development, and Related
Infrastructure Projects. - The Secretary of Transportation is
authorized to make direct lump sum payments to the Commission to
construct docks, waterfront development projects, and related
transportation infrastructure, provided the local community
provides a ten percent non-Federal match in the form of any
necessary land or planning and design funds. To carry out this
section, there is authorized to be appropriated such sums as may be
necessary.
"SEC. 308. EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.
"The Federal Advisory Committee Act [5 U.S.C. App.] shall not
apply to the Commission.
"SEC. 309. DENALI ACCESS SYSTEM PROGRAM.
"(a) Establishment of the Denali Access System Program. - Not
later than 3 months after the date of enactment of the SAFETEA-LU
[Aug. 10, 2005], the Secretary of Transportation shall establish a
program to pay the costs of planning, designing, engineering, and
constructing road and other surface transportation infrastructure
identified for the Denali access system program under this section.
"(b) Denali Access System Program Advisory Committee. -
"(1) Establishment. - Not later than 3 months after the date of
enactment of the SAFETEA-LU [Aug. 10, 2005], the Denali
Commission shall establish a Denali Access System Program
Advisory Committee (referred to in this section as the 'advisory
committee').
"(2) Membership. - The advisory committee shall be composed of
nine members to be appointed by the Governor of the State of
Alaska as follows:
"(A) The chairman of the Denali Commission.
"(B) Four members who represent existing regional native
corporations, native nonprofit entities, or tribal governments,
including one member who is a civil engineer.
"(C) Four members who represent rural Alaska regions or
villages, including one member who is a civil engineer.
"(3) Terms. -
"(A) In general. - Except for the chairman of the Commission
who shall remain a member of the advisory committee, members
shall be appointed to serve a term of 4 years.
"(B) Initial members. - Except for the chairman of the
Commission, of the eight initial members appointed to the
advisory committee, two shall be appointed for a term of 1
year, two shall be appointed for a term of 2 years, two shall
be appointed for a term of 3 years, and two shall be appointed
for a term of 4 years. All subsequent appointments shall be for
4 years.
"(4) Responsibilities. - The advisory committee shall be
responsible for the following activities:
"(A) Advising the Commission on the surface transportation
needs of Alaska Native villages and rural communities,
including projects for the construction of essential access
routes within remote Alaska Native villages and rural
communities and for the construction of roads and facilities
necessary to connect isolated rural communities to a road
system.
"(B) Advising the Commission on considerations for
coordinatedtransportation [sic] planning among the Alaska
Native villages, Alaska rural villages, the State of Alaska,
and other government entities.
"(C) Establishing a list of transportation priorities for
Alaska Native village and rural community transportation
projects on an annual basis, including funding recommendations.
"(D) Facilitate the Commission's work on transportation
projects involving more than one region.
"(5) FACA exemption. - The provisions of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the advisory
committee.
"(c) Allocation of Funds. -
"(1) In general. - The Secretary shall allocate funding
authorized and made available for the Denali access system
program to the Commission to carry out this section.
"(2) Distribution of funding. - In distributing funds for
surface transportation projects funded under the program, the
Commission shall consult the list of transportation priorities
developed by the advisory committee.
"(d) Preference to Alaska Materials and Products. - To construct
a project under this section, the Commission shall encourage, to
the maximum extent practicable, the use of employees and businesses
that are residents of Alaska.
"(e) Design Standards. - Each project carried out under this
section shall use technology and design standards determined by the
Commission to be appropriate given the location and the
functionality of the project.
"(f) Maintenance. - Funding for a construction project under this
section may include an additional amount equal to not more than 10
percent of the total cost of construction, to be retained for
future maintenance of the project. All such retained funds shall be
dedicated for maintenance of the project and may not be used for
other purposes.
"(g) Lead Agency Designation. - For purposes of projects carried
out under this section, the Commission shall be designated as the
lead agency for purposes of accepting Federal funds and for
purposes of carrying out this project.
"(h) Non-Federal Share. - Notwithstanding any other provision of
law, funds made available to carry out this section may be used to
meet the non-Federal share of the cost of projects under title 23,
United States Code.
"(i) Surface Transportation Program Transferability. -
"(1) Transferability. - In any fiscal year, up to 15 percent of
the amounts made available to the State of Alaska for surface
transportation by section 133 of title 23, United States Code,
may be transferred to the Denali access system program.
"(2) No effect on set-aside. - Paragraph (2) of section 133(d)
[of title 23], United States Code, shall not apply to funds
transferred under paragraph (1).
"(j) Authorization of Appropriations. -
"(1) In general. - There is authorized to be appropriated out
of the Highway Trust Fund (other than the Mass Transit Account)
to carry out this section $15,000,000 for each of fiscal years
2006 through 2009.
"(2) Applicability of title 23. - Funds made available to carry
out this section shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of title
23, United States Code; except that such funds shall not be
transferable and shall remain available until expended, and the
Federal share of the cost of any project carried out using such
funds shall be determined in accordance with section 120(b).
"SEC. 310. AUTHORIZATION OF APPROPRIATIONS.
"(a) In General. - There are authorized to be appropriated to the
Commission to carry out the duties of the Commission consistent
with the purposes of this title and pursuant to the work plan
approved under section 4 [304] under this Act, $20,000,000 for
fiscal year 1999, and such sums as may be necessary for fiscal
years 2000, 2001, 2002, and 2008[.]
"(b) Availability. - Any sums appropriated under the
authorization contained in this section shall remain available
until expended.
"Sec. 310 [311]. (a) The Federal Co-chairman of the Denali
Commission shall appoint an Economic Development Committee to be
chaired by the president of the Alaska Federation of Natives which
shall include the Commissioner of Community and Economic Affairs
for the State of Alaska, a representative from the Alaska Bankers
Association, the chairman of the Alaska Permanent Fund, a
representative from the Alaska State Chamber of Commerce, and a
representative from each region. Of the regional representatives,
at least two each shall be from Native regional corporations,
Native non-profit corporations, tribes, and borough governments.
"(b) The Economic Development Committee is authorized to consider
and approve applications from Regional Advisory Committees for
grants and loans to promote economic development and promote
private sector investment to reduce poverty in economically
distressed rural villages. The Economic Development Committee may
make mini-grants to individual applicants and may issue loans under
such terms and conditions as it determines.
"(c) The State Co-chairman of the Denali Commission shall appoint
a Regional Advisory Committee for each region which may include
representatives from local, borough, and tribal governments, the
Alaska Native non-profit corporation operating in the region, local
Chambers of Commerce, and representatives of the private sector.
Each Regional Advisory Committee shall develop a regional economic
development plan for consideration by the Economic Development
Committee.
"(d) The Economic Development Committee, in consultation with the
First Alaskans Institute, may develop rural development performance
measures linking economic growth to poverty reduction to measure
the success of its program which may include economic, educational,
social, and cultural indicators. The performance measures will be
tested in one region for 2 years and evaluated by the University of
Alaska before being deployed statewide. Thereafter, performance in
each region shall be evaluated using the performance measures, and
the Economic Development Committee shall not fund projects which do
not demonstrate success.
"(e) Within the amounts made available annually to the Denali
Commission for training, the Commission may make a grant to the
First Alaskans Foundation upon submittal of an acceptable work plan
to assist Alaska Natives and other rural residents in acquiring the
skills and training necessary to participate fully in private
sector business and economic and development opportunities through
fellowships, scholarships, internships, public service programs,
and other leadership initiatives.
"(f) The Committee shall sponsor a statewide economic development
summit in consultation with the World Bank to evaluate the best
practices for economic development worldwide and how they can be
incorporated into regional economic development plans.
"(g) There is authorized to be appropriated such sums as may be
necessary to the following agencies which shall be transferred to
the Denali Commission as a direct lump sum payment to implement
this section -
"(1) Department of Commerce, Economic Development
Administration,
"(2) Department of Housing and Urban Development,
"(3) Department of the Interior, Bureau of Indian Affairs,
"(4) Department of Agriculture, Rural Development
Administration, and
"(5) Small Business Administration."
[For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.]
LOWER MISSISSIPPI DELTA DEVELOPMENT COMMISSION
Pub. L. 100-460, title II, Oct. 1, 1988, 102 Stat. 2246, as
amended by Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec.
153(a), title V, Sec. 504], Dec. 21, 2000, 114 Stat. 2763, 2763A-
252, 2763A-281; Pub. L. 107-171, title VI, Sec. 6027(j), May 13,
2002, 116 Stat. 374, incorporated by reference and made a part of
that public law the provisions of S. 2836, the Delta Development
Act, as introduced in the Senate on Sept. 27, 1988, which provided
for establishment of Lower Mississippi Delta Development Commission
to study and make recommendations regarding economic needs and
development of Lower Mississippi Delta region, set forth
membership, compensation, powers, and administrative provisions for
Commission, required submission to Congress, President, and
Governors of certain States of interim and final reports, and
provided for termination of Commission no later than two years
after Oct. 1, 1988.
Prior to amendment by Pub. L. 106-554, Pub. L. 100-460 also
incorporated by reference and made a part of that public law the
provisions of H.R. 5378, as introduced in the House of
Representatives on Sept. 26, 1988, and known as the "Lower
Mississippi Delta Development Act", which contained provisions
similar to those in S. 2836.
Pub. L. 101-161, title II, Nov. 21, 1989, 103 Stat. 969, extended
date for submission of the Commission's interim report to Oct. 16,
1989.
PUBLIC WORKS IMPROVEMENT
Pub. L. 98-501, title I, Oct. 19, 1984, 98 Stat. 2320, known as
the "Public Works Improvement Act of 1984", established the
National Council on Public Works Improvement, to prepare and submit
to the President and Congress reports in 1986, 1987, and 1988 on
the state of the Nation's infrastructure. Pursuant to section 109
of Pub. L. 98-501, the Council ceased to exist on Apr. 15, 1988.
WHITE HOUSE CONFERENCE ON BALANCED NATIONAL GROWTH AND ECONOMIC
DEVELOPMENT
Title II of Pub. L. 94-487, as amended by Pub. L. 95-31, title
II, Secs. 201, 202, May 23, 1977, 91 Stat. 170, provided for
calling of a White House Conference on Balanced National Growth and
Economic Development within 18 months of Oct. 12, 1976, set forth
powers, functions, membership, etc., of Conference, and required
submission to President of a final report within 180 days after
calling of Conference, with President to forward recommendations to
Congress within 90 days after submission of report.
EXECUTIVE ORDER NO. 11386
Ex. Ord. No. 11386, Dec. 28, 1967, 33 F.R. 5, which related to
coordination of activities of regional commissions and Federal
Government relating to regional economic development and which
established Federal Advisory Council on Regional Economic
Development, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51
F.R. 7237.
EXECUTIVE ORDER NO. 11422
Ex. Ord. No. 11422, Aug. 15, 1968, 33 F.R. 11739, as amended by
Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which related to
Cooperative Area Manpower Planning System, was revoked by Ex. Ord.
No. 12553, Feb. 25, 1986, 51 F.R. 7237.
EXECUTIVE ORDER NO. 11493
Ex. Ord. No. 11493, Nov. 13, 1969, 34 F.R. 18289, which created
Council for Rural Affairs to advise President with respect to
further development of non-metropolitan areas of country, was
revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. Council
terminated and its functions transferred to Domestic Council by
section 2(b) of Ex. Ord. No. 11541, July 1, 1970, 35 F.R. 10737,
set out as a note under section 501 of Title 31, Money and Finance.
EX. ORD. NO. 13122. INTERAGENCY TASK FORCE ON THE ECONOMIC
DEVELOPMENT OF THE SOUTHWEST BORDER
Ex. Ord. No. 13122, May 25, 1999, 64 F.R. 29201, as amended by
Ex. Ord. No. 13284, Sec. 6, Jan. 23, 2003, 68 F.R. 4075, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in order to
provide a more rapid and integrated Federal response to the
economic development challenges of the Southwest Border region, it
is hereby ordered as follows:
Section 1. Establishment of an Interagency Task Force on the
Economic Development of the Southwest Border. (a) There is
established the "Interagency Task Force on the Economic Development
of the Southwest Border" (Task Force) that reports to the Vice
President, as Chair of the President's Community Empowerment Board
(PCEB), and to the Assistant to the President for Economic Policy,
as Vice Chair of the PCEB.
(b) The Task Force shall comprise the Secretary of State,
Secretary of Agriculture, Secretary of Commerce, Secretary of
Defense, the Attorney General, Secretary of the Interior, Secretary
of Education, Secretary of Health and Human Services, Secretary of
Housing and Urban Development, Secretary of Energy, Secretary of
Labor, Secretary of Transportation, Secretary of the Treasury,
Secretary of Homeland Security, Director of the Office of
Management and Budget, Director of National Drug Control Policy,
Administrator of General Services, Administrator of the Small
Business Administration, Administrator of the Environmental
Protection Agency, or their designees, and such other senior
executive branch officials as may be determined by the Co-Chairs of
the Task Force. The Secretaries of the Treasury, Agriculture, and
Labor shall Co-Chair the Task Force, rotating annually. The agency
chairing the Task Force will provide administrative support for the
Task Force.
(c) The purpose of the Task Force is to coordinate and better
leverage existing Administration efforts for the Southwest Border,
in concert with locally led efforts, in order to increase the
living standards and the overall economic profile of the Southwest
Border so that it may achieve the average of the Nation.
Specifically, the Task Force shall:
(1) analyze the existing programs and policies of Task Force
members that relate to the Southwest Border to determine what
changes, modifications, and innovations should be considered;
(2) consider statistical and data analysis, research, and policy
studies related to the Southwest Border;
(3) develop and recommend short-term and long-term options for
promoting sustainable economic development;
(4) consult and coordinate activities with State, tribal, and
local governments, community leaders, Members of Congress, the
private sector, and other interested parties, paying particular
attention to maintaining existing authorities of the States,
tribes, and local governments, and preserving their existing
working relationships with other agencies, organizations, or
individuals;
(5) coordinate and collaborate on research and demonstration
priorities of Task Force member agencies related to the Southwest
Border;
(6) integrate Administration initiatives and programs into the
design of sustainable economic development actions for the
Southwest Border; and
(7) focus initial efforts on pilot communities for implementing a
coordinated and expedited Federal response to local economic
development and other needs.
(d) The Task Force shall issue an interim report to the Vice
President by November 15, 1999. The Task Force shall issue its
first annual report to the Vice President by April 15, 2000, with
subsequent reports to follow yearly and a final report on April 15,
2002. The reports shall describe the actions taken by, and progress
of, each member of the Task Force in carrying out this order. The
Task Force shall terminate 30 days after submitting its final
report unless a Task Force consensus recommends continuation of
activities.
Sec. 2. Specific Activities by Task Force Members and Other
Agencies. The agencies represented on the Task Force shall work
together and report their actions and progress in carrying out this
order to the Task Force Chair 1 month before the reports are due to
the Vice President under section 1(d) of this order.
Sec. 3. Cooperation. All efforts taken by agencies under sections
1 and 2 of this order shall, as appropriate, further partnerships
and cooperation with organizations that represent the Southwest
Border and with State and local governments.
Sec. 4. (a) "Agency" means an executive agency as defined in 5
U.S.C. 105.
(b) The "Southwest Border" or "Southwest Border region" is
defined as including the areas up to 150 miles north of the United
States-Mexican border in the States of Arizona, New Mexico, Texas,
and California.
Sec. 5. Judicial Review. This order does not create any right or
benefit, substantive or procedural, enforceable at law by a party
against the United States, its agencies, its officers, or any
person.