42 U.S.C. § 3121 — Findings and declarations

Page 5838 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3121 Sec. 3175. Assistance to parts of economic development districts not in eligible areas. SUBCHAPTER V—ADMINISTRATION 3191. Assistant Secretary for Economic Develop- ment. 3192. Economic development information clearing- house. 3193. Consultation with other persons and agencies. 3194. Administration, operation, and maintenance. 3195. Repealed. 3196. Performance evaluations of grant recipients. 3197. Notification of reorganization. 3198. Office of Tribal Economic Development. 3199. Office of Disaster Recovery and Resilience. 3200. Technical Assistance Liaisons. SUBCHAPTER VI—MISCELLANEOUS 3211. Powers of Secretary. 3212. Maintenance of standards. 3213. Annual report to Congress. 3214. Delegation of functions and transfer of funds among Federal agencies. 3215. Penalties. 3216. Employment of expediters and administrative employees. 3217. Maintenance and public inspection of list of approved applications for financial assist- ance. 3218. Records and audits. 3219. Relationship to assistance under other law. 3220. Acceptance of certifications by applicants. 3221. Brownfields redevelopment report. 3222. Savings clause. SUBCHAPTER VII—FUNDING 3231. General authorization of appropriations. 3232. Authorization of appropriations for defense conversion activities. 3233. Authorization of appropriations for disaster economic recovery activities. 3234. Repealed. § 3121. Findings and declarations (a) Findings Congress finds that— (1) there continue to be areas of the United States experiencing chronic high unemploy- ment, underemployment, outmigration, and low per capita incomes, as well as areas facing sudden and severe economic dislocations be- cause of structural economic changes, chang- ing trade patterns, certain Federal actions (in- cluding environmental requirements that re- sult in the removal of economic activities from a locality), and natural disasters; (2) economic growth in the States, cities, and rural areas of the United States is pro- duced by expanding economic opportunities, expanding free enterprise through trade, de- veloping and strengthening public infrastruc- ture, and creating a climate for job creation and business development; (3) the goal of Federal economic develop- ment programs is to raise the standard of liv- ing for all citizens and increase the wealth and overall rate of growth of the economy by en- couraging communities to develop a more competitive and diversified economic base by— (A) creating an environment that pro- motes economic activity by improving and expanding public infrastructure; (B) promoting job creation through in- creased innovation, productivity, and entre- preneurship; and (C) empowering local and regional commu- nities experiencing chronic high unemploy- ment and low per capita income to develop private sector business and attract increased private sector capital investment; (4) while economic development is an inher- ently local process, the Federal Government should work in partnership with public and private State, regional, tribal, and local orga- nizations to maximize the impact of existing resources and enable regions, communities, and citizens to participate more fully in the American dream and national prosperity; (5) in order to avoid duplication of effort and achieve meaningful, long-lasting results, Fed- eral, State, tribal, and local economic develop- ment activities should have a clear focus, im- proved coordination, a comprehensive ap- proach, and simplified and consistent require- ments; and (6) Federal economic development efforts will be more effective if the efforts are coordi- nated with, and build upon, the trade, work- force investment, transportation, and tech- nology programs of the United States. (b) Declarations In order to promote a strong and growing economy throughout the United States, Con- gress declares that— (1) assistance under this chapter should be made available to both rural- and urban-dis- tressed communities; (2) local communities should work in part- nership with neighboring communities, the States, Indian tribes, and the Federal Govern- ment to increase the capacity of the local communities to develop and implement com- prehensive economic development strategies to alleviate economic distress and enhance competitiveness in the global economy; (3) whether suffering from long-term distress or a sudden dislocation, distressed commu- nities should be encouraged to support entre- preneurship to take advantage of the develop- ment opportunities afforded by technological innovation and expanding newly opened global markets; and (4) assistance under this chapter should be made available to promote the productive reuse of abandoned industrial facilities and the redevelopment of brownfields. (Pub. L. 89–136, § 2, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3598; amended Pub. L. 108–373, title I, § 101, Oct. 27, 2004, 118 Stat. 1757.) Editorial Notes PRIOR PROVISIONS A prior section 3121, Pub. L. 89–136, § 2, Aug. 26, 1965, 79 Stat. 552; Pub. L. 94–487, title I, § 102, Oct. 12, 1976, 90 Stat. 2331, set forth congressional findings and state- ment of purpose of chapter, prior to repeal by Pub. L. 105–393, § 102(a). AMENDMENTS 2004—Pub. L. 108–373 reenacted section catchline without change and amended text generally, sub- stituting pars. (1) to (6) for former pars. (1) to (8) in sub- sec. (a) and pars. (1) to (4) for former pars. (1) to (3) in subsec. (b). Page 5839 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3121 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 105–393, title I, § 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 deter- mined 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 2025 AMENDMENT Pub. L. 118–272, div. B, title II, § 2201, Jan. 4, 2025, 138 Stat. 3176, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘Economic Develop- ment Reauthorization Act of 2024’.’’ SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–192, § 1, Oct. 30, 2020, 134 Stat. 978, provided that: ‘‘This Act [amending section 3211 of this title] may be cited as the ‘Reinvigorating Lending for the Future Act’ or the ‘RLF Act’.’’ SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–373, § 1(a), Oct. 27, 2004, 118 Stat. 1756, pro- vided 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 Ad- ministration Reauthorization Act of 2004’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–393, § 1(a), Nov. 13, 1998, 112 Stat. 3596, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Economic Development Adminis- tration and Appalachian Regional Development Reform Act of 1998’.’’ Pub. L. 105–393, title I, § 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, re- pealing former subchapters I to X of this chapter, en- acting 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, § 101, Oct. 12, 1976, 90 Stat. 2331, pro- vided that: ‘‘This Act [enacting sections 3137, 3144, 3173, and 3246h of this title, amending this section and sec- tions 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 Amend- ments of 1976’.’’ SHORT TITLE OF 1975 AMENDMENTS Pub. L. 94–188, § 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, amend- ing 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 provi- sions 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 Develop- ment Act of 1975’.’’ Pub. L. 94–188, title II, § 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, § 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, Vet- erans’ 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, § 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 provi- sions set out as a note under section 3162 of this title] may be cited as the ‘Public Works and Economic Devel- opment Act Amendments of 1971’.’’ SHORT TITLE OF 1969 AMENDMENT Pub. L. 91–123, title II, § 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 sec- tions 3185, 3186, and 3188a of this title] may be cited as the ‘Regional Action Planning Commission Amend- ments of 1969’.’’ SHORT TITLE Pub. L. 89–136, § 1(a), as added Pub. L. 105–393, title I, § 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, § 102(a), Nov. 13, 1998, 112 Stat. 3597. DENALI HOUSING FUND Pub. L. 118–272, div. B, title II, § 2252, Jan. 4, 2025, 138 Stat. 3211, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means— ‘‘(A) a nonprofit organization; ‘‘(B) a limited dividend organization; ‘‘(C) a cooperative organization; ‘‘(D) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assist- ance Act (25 U.S.C. 5304)); and ‘‘(E) a public entity, such as a municipality, county, district, authority, or other political sub- division of a State. ‘‘(2) FEDERAL COCHAIR.—The term ‘Federal Cochair’ means the Federal Cochairperson of the Denali Com- mission. ‘‘(3) FUND.—The term ‘Fund’ means the Denali Housing Fund established under subsection (b)(1). ‘‘(4) LOW-INCOME.—The term ‘low-income’, with re- spect to a household means that the household in- come is less than 150 percent of the Federal poverty level for the State of Alaska. ‘‘(5) MODERATE-INCOME.—The term ‘moderate-in- come’, with respect to a household, means that the household income is less than 250 percent of the Fed- eral poverty level for the State of Alaska. ‘‘(6) SECRETARY.—The term ‘Secretary’ means the Secretary of Agriculture. ‘‘(b) DENALI HOUSING FUND.— ‘‘(1) ESTABLISHMENT.—There shall be established in the Treasury of the United States the Denali Housing Fund, to be administered by the Federal Cochair. Page 5840 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3121 ‘‘(2) SOURCE AND USE OF AMOUNTS IN FUND.— ‘‘(A) IN GENERAL.—Amounts allocated to the Fed- eral Cochair for the purpose of carrying out this section shall be deposited in the Fund. ‘‘(B) USES.—The Federal Cochair shall use the Fund as a revolving fund to carry out the purposes of this section. ‘‘(C) INVESTMENT.—The Federal Cochair may in- vest amounts in the Fund that are not necessary for operational expenses in bonds or other obliga- tions, the principal and interest of which are guar- anteed by the Federal Government. ‘‘(D) GENERAL EXPENSES.—The Federal Cochair may charge the general expenses of carrying out this section to the Fund. ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2025 through 2029. ‘‘(c) PURPOSES.—The purposes of this section are— ‘‘(1) to encourage and facilitate the construction or rehabilitation of housing to meet the needs of low-in- come households and moderate-income households; and ‘‘(2) to provide housing for public employees. ‘‘(d) LOANS AND GRANTS.— ‘‘(1) IN GENERAL.—The Federal Cochair may provide grants and loans from the Fund to eligible entities under such terms and conditions the Federal Cochair may prescribe. ‘‘(2) PURPOSE.—The purpose of a grant or loan under paragraph (1) shall be for planning and obtaining fed- erally insured mortgage financing or other financial assistance for housing construction or rehabilitation projects for low-income and moderate-income house- holds in rural Alaska villages. ‘‘(e) PROVIDING AMOUNTS TO STATES FOR GRANTS AND LOANS.—The Federal Cochair may provide amounts to the State of Alaska, or political subdivisions thereof, for making the grants and loans described in subsection (d). ‘‘(f) LOANS.— ‘‘(1) LIMITATION ON AVAILABLE AMOUNTS.—A loan under subsection (d) for the cost of planning and ob- taining financing (including the cost of preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, site options, application and mortgage commitment fees, legal fees, and construction loan fees and discounts) of a project described in that subsection may be for not more than 90 percent of that cost. ‘‘(2) INTEREST.—A loan under subsection (d) shall be made without interest, except that a loan made to an eligible entity established for profit shall bear inter- est at the prevailing market rate authorized for an insured or guaranteed loan for that type of project. ‘‘(3) PAYMENT.— ‘‘(A) IN GENERAL.—The Federal Cochair shall re- quire payment of a loan made under this section under terms and conditions the Secretary may re- quire by not later than the date of completion of the project. ‘‘(B) CANCELLATION.—For a loan other than a loan to an eligible entity established for profit, the Sec- retary may cancel any part of the debt with respect to a loan made under subsection (d) if the Secretary determines that a permanent loan to finance the project cannot be obtained in an amount adequate for repayment of a loan made under subsection (d). ‘‘(g) GRANTS.— ‘‘(1) IN GENERAL.—A grant under this section for ex- penses incidental to planning and obtaining financing for a project described in this section that the Fed- eral Cochair considers unrecoverable from the pro- ceeds of a permanent loan made to finance the project— ‘‘(A) may not be made to an eligible entity estab- lished for profit; and ‘‘(B) may not exceed 90 percent of those expenses. ‘‘(2) SITE DEVELOPMENT COSTS AND OFFSITE IMPROVE- MENTS.— ‘‘(A) IN GENERAL.—The Federal Cochair may make grants and commitments for grants under terms and conditions the Federal Cochair may require to eligible entities for reasonable site development costs and necessary offsite improvements, such as sewer and water line extensions, if the grant or commitment— ‘‘(i) is essential to ensuring that housing is con- structed on the site in the future; and ‘‘(ii) otherwise meets the requirements for as- sistance under this section. ‘‘(B) MAXIMUM AMOUNTS.—The amount of a grant under this paragraph may not— ‘‘(i) with respect to the construction of housing, exceed 40 percent of the cost of the construction; and ‘‘(ii) with respect to the rehabilitation of hous- ing, exceed 10 percent of the reasonable value of the rehabilitation, as determined by the Federal Cochair. ‘‘(h) INFORMATION, ADVICE, AND TECHNICAL ASSIST- ANCE.—The Federal Cochair may provide, or contract with public or private organizations to provide, infor- mation, advice, and technical assistance with respect to the construction, rehabilitation, and operation by nonprofit organizations of housing for low-income or moderate-income households, or for public employees, in rural Alaska villages under this section.’’ TRANSITION PROVISIONS Pub. L. 105–393, title I, § 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 pro- ceeding commenced by or against any officer or em- ployee of the Economic Development Administration shall abate by reason of the enactment of this title. ‘‘(c) LIQUIDATING ACCOUNT.—The Economic Develop- ment 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 avail- able to the Secretary of Commerce as a liquidating ac- count (as defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) for payment of obli- gations and expenses in connection with financial as- sistance 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, obliga- tions, debentures, or guarantees made by the Secretary under law in effect before the effective date of this title.’’ DENALI COMMISSION Pub. L. 116–260, div. D, title V, § 505(c), Dec. 27, 2020, 134 Stat. 1379, provided that: ‘‘Requirements relating to non-Federal cost-share grants and cooperative agree- ments for the Denali Commission are waived for grants awarded in fiscal year 2020 and in subsequent years in response to economic distress directly related to the impacts of the Coronavirus Disease (COVID–19).’’ Pub. L. 105–277, div. C, title III, Oct. 21, 1998, 112 Stat. 2681–637, as amended by Pub. L. 106–31, title I, § 105(a), May 21, 1999, 113 Stat. 62; Pub. L. 106–113, div. B, Page 5841 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3121 § 1000(a)(4) [title VII, § 701], Nov. 29, 1999, 113 Stat. 1535, 1501A–280; Pub. L. 108–7, div. A, title VII, § 749, div. D, title V, § 504, Feb. 20, 2003, 117 Stat. 44, 158; Pub. L. 108–199, div. B, title I, § 112(d), div. E, title II, § 222, Jan. 23, 2004, 118 Stat. 63, 256; Pub. L. 108–447, div. H, title V, § 521, Dec. 8, 2004, 118 Stat. 3268; Pub. L. 109–59, title I, § 1960, Aug. 10, 2005, 119 Stat. 1516; Pub. L. 112–141, div. A, title I, § 1520, July 6, 2012, 126 Stat. 577; Pub. L. 114–322, title IV, § 5002, Dec. 16, 2016, 130 Stat. 1885; Pub. L. 117–58, div. A, title I, § 11507(b), Nov. 15, 2021, 135 Stat. 586; Pub. L. 117–286, § 4(a)(261), (262), Dec. 27, 2022, 136 Stat. 4334; Pub. L. 118–272, div. B, title II, § 2251, Jan. 4, 2025, 138 Stat. 3210, 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 Govern- ment in the most cost-effective manner practicable by reducing administrative and overhead costs. ‘‘(2) To provide job training and other economic de- velopment 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 com- munication systems, water and sewer systems and other infrastructure needs. ‘‘SEC. 303. ESTABLISHMENT OF COMMISSION. ‘‘(a) ESTABLISHMENT.—There is established a commis- sion to be known as the Denali Commission (referred to in this title as the ‘Commission’). ‘‘(b) MEMBERSHIP.— ‘‘(1) COMPOSITION.—The Commission shall be com- posed 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 nomina- tions submitted by the President of the University of Alaska; ‘‘(C) one shall be the President of the Alaska Mu- nicipal League or an individual selected from nomi- nations submitted by the President of the Alaska Municipal League; ‘‘(D) one shall be the President of the Alaska Fed- eration 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 se- lected from nominations submitted by the Presi- dent of the Associated General Contractors of Alas- ka; and ‘‘(G) one shall be the Federal Cochairperson, who shall be selected in accordance with the require- ments 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 nomina- tions for the position of the Federal Cochairperson under paragraph (1)(G), including pertinent bio- graphical 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 em- ployee 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.— ‘‘(1) TERM OF FEDERAL COCHAIRPERSON.—The Federal Cochairperson shall serve for a term of four years and may be reappointed. ‘‘(2) INTERIM FEDERAL COCHAIRPERSON.—In the event of a vacancy for any reason in the position of Federal Cochairperson, the Secretary may appoint an Interim Federal Cochairperson, who shall have all the author- ity of the Federal Cochairperson, to serve until such time as the vacancy in the position of Federal Co- chairperson is filled in accordance with subsection (b)(2)). [sic] ‘‘(3) TERM OF ALL OTHER MEMBERS.—All other mem- bers shall be appointed for the life of the Commis- sion. ‘‘(4) VACANCIES.—Except as provided in paragraph (2), 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 fre- quently than 2 times each year, and may, as appro- priate, conduct business by telephone or other elec- tronic 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. ‘‘(f) NO FEDERAL EMPLOYEE STATUS.—No member of the Commission, other than the Federal Cochairperson, shall be considered to be a Federal employee for any purpose. ‘‘(g) CONFLICTS OF INTEREST.— ‘‘(1) IN GENERAL.—Except as provided in paragraphs (2) and (3), no member of the Commission (referred to in this subsection as a ‘member’) shall participate personally or substantially, through recommenda- tion, the rendering of advice, investigation, or other- wise, in any proceeding, application, request for a ruling or other determination, contract claim, con- troversy, or other matter in which, to the knowledge of the member, 1 or more of the following has a direct financial interest: ‘‘(A) The member. ‘‘(B) The spouse, minor child, or partner of the member. ‘‘(C) An organization described in subparagraph (B), (C), (D), (E), or (F) of subsection (b)(1) for which the member is serving as an officer, director, trust- ee, partner, or employee. ‘‘(D) Any individual, person, or organization with which the member is negotiating or has any ar- rangement concerning prospective employment. ‘‘(2) DISCLOSURE.—Paragraph (1) shall not apply if the member— ‘‘(A) immediately advises the designated agency ethics official for the Commission of the nature and circumstances of the matter presenting a potential conflict of interest; ‘‘(B) makes full disclosure of the financial inter- est; and ‘‘(C) before the proceeding concerning the matter presenting the conflict of interest, receives a writ- ten determination by the designated agency ethics official for the Commission that the interest is not Page 5842 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3121 so substantial as to be likely to affect the integrity of the services that the Commission may expect from the member. The written determination shall specify the rationale and any evidence or support for the decision, identify steps, if any, that should be taken to mitigate any conflict of interest, and be available to the public. ‘‘(3) ANNUAL DISCLOSURES.—Once each calendar year, each member shall make full disclosure of fi- nancial interests, in a manner to be determined by the designated agency ethics official for the Commis- sion. ‘‘(4) TRAINING.—Once each calendar year, each member shall undergo disclosure of financial inter- ests training, as prescribed by the designated agency ethics official for the Commission. ‘‘(5) CLARIFICATION.—A member of the Commission may continue to participate personally or substan- tially, through decision, approval, or disapproval on the focus of applications to be considered but not on individual applications where a conflict of interest exists. ‘‘(6) VIOLATION.—Any person that violates this sub- section shall be fined not more than $10,000, impris- oned for not more than 2 years, or both. ‘‘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 annu- ally thereafter, the Commission shall develop a pro- posed work plan for Alaska that meets the require- ments 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 govern- ments 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 Cochair- person, 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 Fed- eral 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 par- ties through the public review and comment proc- ess specified in paragraph (1); and ‘‘(B) consult with appropriate Federal officials in Alaska including but not limited to Bureau of In- dian Affairs, Economic Development Administra- tion, and Rural Development Administration. ‘‘(3) APPROVAL.—Not later than 30 days after the end of the period specified in paragraph (1), the Sec- retary 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 ap- proval, 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 AP- PROVAL.—If the Secretary, acting through the Fed- eral Cochairperson, disapproves or partially approves a work plan, the Federal Cochairperson shall submit that work plan to the Commission for review and re- vision. ‘‘SEC. 305. POWERS OF THE COMMISSION. ‘‘(a) INFORMATION FROM FEDERAL AGENCIES.—The Commission may secure directly from any Federal de- partment or agency such information as it considers necessary to carry out the provisions of this Act [prob- ably means this title]. Upon request of the Federal Co- chairperson of the Commission, the head of such de- partment or agency shall furnish such information to the Commission. Agencies must provide the Commis- sion with the requested information in a timely man- ner. Agencies are not required to provide the Commis- sion 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 serv- ices and personnel available to the Commission to carry out the duties of the Commission. To the max- imum extent practicable, the Commission shall con- tract 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.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the Commission, on behalf of the United States, may accept[,] use, and dispose of gifts or donations of services, property, or money for purposes of carrying out this Act [probably means this title]. ‘‘(2) CONDITIONAL.—With respect to conditional gifts— ‘‘(A)(i) the Commission, on behalf of the United States, may accept conditional gifts for purposes of carrying out this Act [probably means this title], if approved by the Federal Cochairperson; and ‘‘(ii) the principal of and income from any such conditional gift shall be held, invested, reinvested, and used in accordance with the condition applica- ble to the gift; but ‘‘(B) no gift shall be accepted that is conditioned on any expenditure not to be funded from the gift or from the income generated by the gift unless the expenditure has been approved by Act of Congress. ‘‘(d) The Commission, acting through the Federal Co- chairperson, is authorized to enter into contracts and cooperative agreements, award grants, enter into leases (including the lease of office space for any term), 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 author- ized to enter into contracts and cooperative agree- ments, award grants, and make payments to implement an interim work plan for fiscal year 1999 approved by the Commission. ‘‘(e) USE OF FUNDS TOWARD NON-FEDERAL SHARE OF CERTAIN PROJECTS.—Notwithstanding any other provi- sion of law regarding payment of a non-Federal share in connection with a grant-in-aid program, the Com- mission may use amounts made available to the Com- mission for the payment of such a non-Federal share for programs undertaken to carry out the purposes of 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 Page 5843 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3121 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 Com- mission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for em- ployees 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 per- sonnel 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 Fed- eral Government employee may be detailed to the Com- mission 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 Commis- sion 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 Com- mission shall select. ‘‘(g) ADMINISTRATIVE EXPENSES AND RECORDS.—The Commission is hereby prohibited from using more than 5 percent of the amounts appropriated under the au- thority of this Act [probably means this title] or trans- ferred 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 Com- mission 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 U.S.C. App.] ‘‘SEC. 307. SPECIAL FUNCTIONS. ‘‘(a) BULK FUELS.—Funds transferred to the Commis- sion 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 ap- propriation and until expended. The Commission, in consultation with the Commandant of the Coast Guard, shall develop a plan to provide for the repair or replace- ment 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. ‘‘(b) 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 Commis- sion to plan, construct, and equip demonstration health, nutrition, and child care projects, including hospitals, health care clinics, and mental health facili- ties (including drug and alcohol treatment centers) in accordance with the Work Plan referred to under sec- tion 304 of Title III—Denali Commission of Division C— Other Matters of Public Law 105–277. No grant for con- struction 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 Di- vision 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 ap- propriated such sums as may be necessary. ‘‘(c) SOLID WASTE.—The Secretary of Agriculture is authorized to make direct lump sum payments, includ- ing interagency transfers, which shall remain available until expended to the Denali Commission to address de- ficiencies in solid waste disposal sites which threaten to contaminate rural drinking water supplies. ‘‘(d) DOCKS, WATERFRONT TRANSPORTATION DEVELOP- MENT, AND RELATED INFRASTRUCTURE PROJECTS.—The Secretary of Transportation is authorized to make di- rect lump sum payments to the Commission to con- struct docks, waterfront development projects, and re- lated transportation infrastructure, provided the local community provides a ten percent non-Federal match in the form of any necessary land or planning and de- sign funds. To carry out this section, there is author- ized to be appropriated such sums as may be necessary. ‘‘SEC. 308. EXEMPTION FROM CHAPTER 10 OF TITLE 5, UNITED STATES CODE. ‘‘Chapter 10 of title 5, United States Code, 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 Sec- retary of Transportation shall establish a program to pay the costs of planning, designing, engineering, and constructing road and other surface transportation in- frastructure identified for the Denali access system program under this section. ‘‘(b) DENALI ACCESS SYSTEM PROGRAM ADVISORY COM- MITTEE.— ‘‘(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 (re- ferred 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 re- gional native corporations, native nonprofit enti- ties, 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 ad- visory 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 ap- pointed to the advisory committee, two shall be ap- pointed 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 con- struction of essential access routes within remote Alaska Native villages and rural communities and Page 5844 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3121 for the construction of roads and facilities nec- essary 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 prior- ities for Alaska Native village and rural commu- nity transportation projects on an annual basis, in- cluding funding recommendations. ‘‘(D) Facilitate the Commission’s work on trans- portation projects involving more than one region. ‘‘(5) CHAPTER 10 OF TITLE 5, UNITED STATES CODE, EX- EMPTION.—The provisions of chapter 10 of title 5, United States Code, shall not apply to the advisory committee. ‘‘(c) ALLOCATION OF FUNDS.— ‘‘(1) IN GENERAL.—The Secretary of Transportation shall allocate funding authorized and made available for the Denali access system program to the Commis- sion 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 ad- visory committee. ‘‘(d) PREFERENCE TO ALASKA MATERIALS AND PROD- UCTS.—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 appro- priate 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 mainte- nance 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 TRANSFER- ABILITY.— ‘‘(1) TRANSFERABILITY.—In any fiscal year, up to 15 percent of the amounts made available to the State of Alaska for surface transportation by [former] sec- tion 133 of title 23, United States Code, may be trans- ferred to the Denali access system program. ‘‘(2) NO EFFECT ON SET-ASIDE.—Paragraph (2) of sec- tion 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 appro- priated 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 avail- able 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. (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 Commis- sioner of Community and Economic Affairs for the State of Alaska, a representative from the Alaska Bankers Association, the chairman of the Alaska Per- manent 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 govern- ments. ‘‘(b) The Economic Development Committee is au- thorized to consider and approve applications from Re- gional 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 appli- cants and may issue loans under such terms and condi- tions as it determines. ‘‘(c) The State Co-chairman of the Denali Commis- sion shall appoint a Regional Advisory Committee for each region which may include representatives from local, borough, and tribal governments, the Alaska Na- tive 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 Com- mittee. ‘‘(d) The Economic Development Committee, in con- sultation with the First Alaskans Institute, may de- velop 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 per- formance 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 suc- cess. ‘‘(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, intern- ships, public service programs, and other leadership initiatives. ‘‘(f) The Committee shall sponsor a statewide eco- nomic development summit in consultation with the World Bank to evaluate the best practices for economic development worldwide and how they can be incor- porated 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 di- rect lump sum payment to implement this section— ‘‘(1) Department of Commerce, Economic Develop- ment Administration, ‘‘(2) Department of Housing and Urban Develop- ment, ‘‘(3) Department of the Interior, Bureau of Indian Affairs, ‘‘(4) Department of Agriculture, Rural Development Administration, and ‘‘(5) Small Business Administration. ‘‘SEC. 311. TRANSFER OF FUNDS FROM OTHER FED- ERAL AGENCIES. ‘‘(a) IN GENERAL.—Subject to subsection (c), for pur- poses of this Act [probably means this title], the Com- mission may accept transfers of funds from other Fed- eral agencies. ‘‘(b) TRANSFERS.—Any Federal agency authorized to carry out an activity that is within the authority of Page 5845 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3121 the Commission may transfer to the Commission any appropriated funds for the activity. ‘‘(c) TREATMENT.—Any funds transferred to the Com- mission under this subsection— ‘‘(1) shall remain available until expended; ‘‘(2) may, to the extent necessary to carry out this Act [probably means this title], be transferred to, and merged with, the amounts made available by appro- priations Acts for the Commission by the Federal Co- chairperson; and ‘‘(3) notwithstanding any other provision of law, shall— ‘‘(A) be treated as if directly appropriated to the Commission and subject to applicable provisions of this Act; and ‘‘(B) not be subject to any requirements that ap- plied to the funds before the transfer, including a requirement in an appropriations Act or a require- ment or regulation of the Federal agency from which the funds are transferred. ‘‘SEC. 312. AUTHORIZATION OF APPROPRIATIONS. ‘‘(a) IN GENERAL.—There are authorized to be appro- priated 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 sec- tion 304, $35,000,000 for each of fiscal years 2025 through 2029. ‘‘(b) AVAILABILITY.—Any sums appropriated under the authorization contained in this section shall remain available until expended.’’ [Pub. L. 114–322, title IV, § 5002(b)(2), Dec. 16, 2016, 130 Stat. 1886, which renumbered section 310 of Pub. L. 105–277, relating to authorization of appropriations, as 312, was executed by renumbering the section and transferring it so as to appear after section 311, to re- flect the probable intent of Congress.] [For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization 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, § 1(a)(4) [div. B, title I, § 153(a), title V, § 504], Dec. 21, 2000, 114 Stat. 2763, 2763A–252, 2763A–281; Pub. L. 107–171, title VI, § 6027(j), May 13, 2002, 116 Stat. 374; Pub. L. 110–234, title VI, § 6025(c), May 22, 2008, 122 Stat. 1177; Pub. L. 110–246, § 4(a), title VI, § 6025(c), June 18, 2008, 122 Stat. 1664, 1939; Pub. L. 118–272, div. B, title II, § 2253(f), Jan. 4, 2025, 138 Stat. 3213, incorporated by reference and made a part of that public law the provisions of S. 2836, the Delta De- velopment Act, as introduced in the Senate on Sept. 27, 1988, which provided for establishment of Lower Mis- sissippi Delta Development Commission to study and make recommendations regarding economic needs and development of Lower Mississippi Delta region, set forth membership, compensation, powers, and adminis- trative provisions for Commission, required submission to Congress, President, and Governors of certain States of interim and final reports, and provided for termi- nation 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 intro- duced in the House of Representatives on Sept. 26, 1988, and known as the ‘‘Lower Mississippi Delta Develop- ment Act’’, which contained provisions similar to those in S. 2836. Pub. L. 101–161, title II, Nov. 21, 1989, 103 Stat. 969, ex- tended 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 Im- provement, 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 Pub. L. 94–487, title II, Oct. 12, 1976, 90 Stat. 2339, 2340, as amended by Pub. L. 95–31, title II, §§ 201, 202, May 23, 1977, 91 Stat. 170, provided for calling of a White House Conference on Balanced National Growth and Eco- nomic Development within 18 months of Oct. 12, 1976, set forth powers, functions, membership, etc., of Con- ference, 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 Documents EXECUTIVE ORDER NO. 11386 Ex. Ord. No. 11386, Dec. 28, 1967, 33 F.R. 5, which re- lated to coordination of activities of regional commis- sions and Federal Government relating to regional eco- nomic development and which established Federal Ad- visory 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-metropoli- tan 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, § 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 inte- grated 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 Com- merce, Secretary of Defense, the Attorney General, Secretary of the Interior, Secretary of Education, Sec- retary of Health and Human Services, Secretary of Housing and Urban Development, Secretary of Energy, Secretary of Labor, Secretary of Transportation, Sec- Page 5846 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3122 retary of the Treasury, Secretary of Homeland Secu- rity, Director of the Office of Management and Budget, Director of National Drug Control Policy, Adminis- trator of General Services, Administrator of the Small Business Administration, Administrator of the Envi- ronmental 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 adminis- trative 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 ef- forts, 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. Specifi- cally, 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 innova- tions 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 develop- ment; (4) consult and coordinate activities with State, trib- al, and local governments, community leaders, Mem- bers of Congress, the private sector, and other inter- ested parties, paying particular attention to maintain- ing existing authorities of the States, tribes, and local governments, and preserving their existing working re- lationships with other agencies, organizations, or indi- viduals; (5) coordinate and collaborate on research and dem- onstration 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 im- plementing a coordinated and expedited Federal re- sponse 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 appro- priate, further partnerships and cooperation with orga- nizations that represent the Southwest Border and with State and local governments. SEC. 4. (a) ‘‘Agency’’ means an executive agency as de- fined 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 agen- cies, its officers, or any person. § 3122. Definitions In this chapter: (1) Blue economy The term ‘‘blue economy’’ means the sus- tainable use of marine, lake, or other aquatic resources in support of economic development objectives. (2) Capacity building The term ‘‘capacity building’’ includes all activities associated with early stage commu- nity-based project formation and conceptualization, prior to project predevelopment activity, including grants to local community organizations for planning participation, community outreach and en- gagement activities, research, and mentorship support to move projects from formation and conceptualization to project predevelopment. (3) Comprehensive economic development strategy The term ‘‘comprehensive economic develop- ment strategy’’ means a comprehensive eco- nomic development strategy approved by the Secretary under section 3162 of this title. (4) Department The term ‘‘Department’’ means the Depart- ment of Commerce. (5) Economic development district (A) In general The term ‘‘economic development dis- trict’’ means any area in the United States that— (i) is composed of areas described in sec- tion 3161(a) of this title and, to the extent determined appropriate by the Secretary, neighboring counties or communities; and (ii) has been designated by the Secretary as an economic development district under section 3171 of this title. (B) Inclusion The term ‘‘economic development dis- trict’’ includes any economic development district designated by the Secretary under section 3173 of this title (as in effect on the day before the effective date of the Eco- nomic Development Administration Reform Act of 1998). (6) Eligible recipient (A) In general The term ‘‘eligible recipient’’ means— (i) an economic development district; (ii) an Indian tribe; (iii) a State; (iv) a city or other political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political sub- divisions; (v) an institution of higher education or a consortium of institutions of higher edu- cation; (vi) a public or private nonprofit organi- zation or association acting in cooperation with officials of a political subdivision of a State; (vii) an economic development organiza- tion; or