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The 2002 Farm Bill |
Rural Strategic Investment Program, Sec. 6030
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SEC. 6030. RURAL STRATEGIC INVESTMENT PROGRAM. The Consolidated Farm and Rural
Development Act (as amended by section 6029) is amended by adding at the
end the following: Subtitle IRural Strategic Investment Program SEC. 385A. PURPOSE. The purpose of this subtitle is to
establish a rural strategic investment program (1) to provide rural
communities with flexible resources to develop comprehensive,
collaborative, and locally-based strategic planning processes; and (2) to implement innovative
community and economic development strategies that optimize regional
competitive advantages. SEC. 385B. DEFINITIONS. In this subtitle: (1) BENCHMARK.The term
benchmark means an annual set of strategies and goals of a Regional
Board established for the purpose of measuring performance in meeting the
regional plan of the Regional Board. (2) CONFERENCE.The term
Conference means the National Conference on Rural America
conducted under section 385H. (3) ELIGIBLE AREA. (A) IN GENERAL.The term
eligible area means a nonmetropolitan county (as defined by the
Secretary) that has a population of 50,000 inhabitants or less. (B) INCLUSION. (i) IN GENERAL.Subject to
clause (ii), the term eligible area includes an unincorporated or
other area of a county that has a population of more than 50,000
inhabitants if the unincorporated area or other area is adjacent to an
eligible rural area described in subparagraph (A). (ii) PARTICIPATION.An area
described in clause (i) may be represented on a Regional Board. (C) EXCLUSION.The term
eligible area does not include any area designated by the Secretary
as a rural empowerment zone or rural enterprise community. (4) INNOVATION GRANT.The term
innovation grant means an innovation grant made by the National
Board to a Regional Board under section 385G. (5) NATIONAL BOARD.The term
National Board means the National Board on Rural America established
under section 385D(a). (6) NATIONAL PLAN.The term
national plan means a national strategic investment plan of the
National Board developed under section 385D(d)(3). (7) PLANNING GRANT.The term
planning grant means a regional strategic investment planning grant
made by the National Board to a Regional Board under section 385F. (8) PROGRAM.The term program means
the rural strategic investment program established under this subtitle. (9) REGION.The term region means the
eligible areas that (A) are under the
jurisdiction of a Regional Board; and (B) meet criteria established
by the National Board not later than 1 year after the date of enactment of
this subtitle. (10) REGIONAL BOARD.The term
Regional Board means a Regional Investment Board certified under
section 385C(a). (11) REGIONAL PLAN.The term
regional plan means a regional strategic investment plan of a
Regional Board developed under section 385C(b)(3)(B). SEC. 385C. REGIONAL INVESTMENT BOARDS. (a) IN GENERAL.The National Board may certify
a group representing the interests described in subsection (b)(2)(A) as a
Regional Investment Board created to develop and implement a regional
strategic investment plan for grants made under this subtitle to promote
investment in eligible areas. (b) REQUIREMENTS FOR CERTIFICATION. (1) IN GENERAL.A Regional
Board shall meet the requirements of this subsection for certification. (2) COMPOSITION. (A) IN GENERAL.A Regional
Board shall be composed of residents of the region that broadly represent
diverse public, nonprofit, and private sector interests in investment in
the region, including (to the maximum extent practicable) representatives
of (i) units of local government
(including multijurisdictional
units of local government); (ii) in the case of regions with Indian
populations, Indian tribes (as defined in section 4 of the Indian
Self-Determination and Education Assistance
Act (25 U.S.C. 450b)); (iii) private nonprofit
community-based development organizations; (iv) regional development
organizations; (v) private business
organizations; (vi) other entities and
organizations, as determined by the Regional Board; and (vii) consortia of entities
and organizations described in clauses (i) through (vii). (B) LOCAL PUBLIC-PRIVATE REPRESENTATION.Of
the members of a Regional Board, to the maximum extent practicable (i) 1/2 of the members shall be
representatives of units of local government and Indian ribes described in
subparagraph (A); and (ii) 1/2 of the members shall be
representatives of nonprofit, regional, private, and other entities and
organizations described in subparagraph (A). (C) EX-OFFICIO MEMBERS. (i) IN GENERAL.An officer
or employee of a Federal or State agency may serve as an ex-officio,
non-voting member of a Regional
Board representing the agency. (ii) CONFLICTS.Participation
by a Federal officer or employee in activities of the Regional Board shall
not constitute a violation of section 205 or 208 of title 18, United
States Code. (D) CERTIFICATION.To be
certified by the National Board, a Regional Board shall demonstrate to the
National Board that the Regional Board is broadly representative of the
interests described in subparagraph (A). (E) APPEALS. (i) IN GENERAL.Prior to
certification of the Regional Board by the National Board, representatives
of interests described in subparagraph (A) that participated in the
development of a Regional Board may appeal the composition of the Regional
Board to the National Board on the ground that (I) the composition of the
Regional Board does not adequately reflect the purposes of the program; or (II) the selection process
for the Regional Board unfairly disadvantaged those interests. (ii) ACTION BY NATIONAL BOARD.The
National Board shall act on any appeal of the composition of a Regional
Board before taking action on the certification of the Regional Board. (3) DUTIES AND PURPOSE.The
organizational documents of the proposed Regional Board shall demonstrate
that, on certification, the Regional Board shall (A) create a collaborative,
inclusive public-private planning process; (B) develop, and submit to
the National Board for approval, a regional strategic investment plan that
meets the requirements of section 385F, with benchmarks, to promote
investment in eligible areas through the use of grants made available
under this subtitle; (C) implement the approved
regional plan; (D) provide annual reports to
the Secretary and the National Board on progress made in achieving the
benchmarks of the regional plan, including an annual financial statement;
and (E) select a non-Federal
organization (such as a regional development organization) in the local
area served by the Regional Board that has previous experience in the
management of Federal funds to serve as fiscal manager of any funds of the
Regional Board. SEC. 385D. NATIONAL BOARD ON RURAL AMERICA. (a) ESTABLISHMENT. (1) IN GENERAL.The
Secretary shall establish a National Board on Rural America to carry out
the rural strategic investment program established under this subtitle. (2) SUPERVISION AND DIRECTION.Except
as otherwise provided in this subtitle, the National Board shall be
subject to the general supervision and direction of the Secretary. (b) COMPOSITION. (1) IN GENERAL. (A) APPOINTMENT.In addition
to the Secretary or the designee of the Secretary, the National Board
shall consist of 14 members appointed by the Secretary from among (i) representatives of
nationally recognized entrepreneurship organizations; (ii) representatives of
regional planning and development organizations; (iii) representatives of community-based organizations; (iv) elected members of county
governments; (v) elected members of State legislatures;
(vi) representatives of the
rural philanthropic community; and
(vii) representatives of Indian tribes (as defined in section 4 of
the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b)). (B) RECOMMENDATIONS.In
appointing the members of the National Board under subparagraph (A), the
Secretary shall consider recommendations made by (i) the chairman and ranking
member of each of the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and Forestry
of the Senate; (ii) the Majority Leader of
the Senate; and (iii) the Speaker of the House of Representatives. (3) TERM OF OFFICE. (A) IN GENERAL.Subject to
subparagraph (B), the term of office of a member of the National Board
appointed under paragraph (1)(A) shall be 4 years. (B) STAGGERED INITIAL TERMS.Of
the initial members of the National Board appointed under paragraph
(1)(A), the term of office of (i) 5 members shall be 4
years; (ii) 5 members shall be 3
years; and (iii) 4 members shall be 2
years. (4) INITIAL APPOINTMENTS.Not later
than 90 days after the date of enactment of this subtitle, the Secretary
shall appoint the initial members of the National Board under paragraph
(1)(A). (5) EX-OFFICIO MEMBERS. (A) SPECIAL ASSISTANT TO THE PRESIDENT FOR RURAL POLICY.If appointed by the President under section 6406(1) of the
Farm Security and Rural Investment Act of 2002, the Special Assistant to
the President for Rural Policy shall serve as an ex-officio, non-voting
member of the National Board. (B) OTHER MEMBERS.In
consultation with the chairman and ranking member of each of the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate, the Secretary may
appoint not more than 3 other officers or employees of the Executive
Branch to serve as exofficio,non-voting members of the National Board. (6) VACANCIES.A vacancy on
the National Board shall be filled in the same manner as the original
appointment. (7) COMPENSATION.A member of
the National Board shall receive no compensation for service on the
National Board, but shall be reimbursed for travel and other expenses
incurred in carrying out the duties of the member of the National Board in
accordance with section 5702 and 5703 of title 5, United States Code. (8) CHAIRPERSON.The National
Board shall select a chairperson from among the members of the National
Board. (9) MEETINGS. (A) TIME AND PLACE.The National
Board shall meet at the call of the chairperson. (B) QUORUM.A quorum of the National Board
shall consist of a majority of the members. (C) MAJORITY VOTE.A decision
of the National Board shall be made by majority vote. (10) FEDERAL STATUS.For purposes
of Federal law, a member of the National Board shall be considered a
special Government employee (as defined in section 202(a) of title 18,
United States Code). (11) CONFLICT OF INTEREST. (A) IN GENERAL.Except as
provided in subparagraph (C), no member of the National Board shall vote
on any matter respecting any application
for a grant or other particular matter pending before the National Board
in which, to the knowledge of the member, the member, spouse, or child of
the member, partner, or organization in which the member is serving as
officer, director, trustee, partner, or employee, or any person or
organization with whom the member is negotiating or has any arrangement
concerning prospective employment, has a financial interest. (B) VIOLATIONS.A violation
of subparagraph (A) by a member of the National Board shall be cause for
removal of the member, but shall not impair or otherwise affect the
validity of any otherwise lawful action by the National Board in which the
member participated. (C) EXCEPTION.Subparagraph (A) shall not apply to the extent a member of
the National Board advises the National Board of the nature of the
particular matter in which the member proposes to participate, if (i) the member makes a full
disclosure of the financial interest; and (ii) prior to any
participation by the member, the National Board determines, by majority
vote of the other members of the National Board, that the financial
interest is too remote or too inconsequential to affect the integrity of
the services of the member to the National Board in that matter. (c) ADMINISTRATIVE SUPPORT.The Secretary, on a
reimbursable basis, may provide such administrative support to the
National Board as the Secretary determines is necessary to carry out the
duties of the National Board. (d) DUTIES.The National Board shall (1) certify Regional Boards
in accordance with section 385C, with the initial certification of
Regional Boards occurring not later than 540 days after the date of
enactment of this subtitle; (2) approve, negotiate, or
disapprove each regional plan that is submitted by a Regional Board to the
National Board under section 385C; (3) develop, and submit to
the Secretary for approval, a national strategic investment plan; (4) use the amount received
from the Secretary under section 385E to make planning grants and
innovation grants to Regional Boards and to otherwise carry out the
program; (5) provide leadership and
advice to Regional Boards on issues, best practices, and emerging trends
relating to rural development; (6) evaluate the progress of
each Regional Board in achieving the benchmarks of the regional plan using
annual reports submitted under section 385C(b)(3)(D) and any other
information that is available to the Regional Board; and (7) submit an annual report
on the performance of Regional Boards and the program to (A) the Committee on
Agriculture of the House of Representatives; (B) the Committee on
Agriculture, Nutrition, and Forestry of the Senate; and (C) the Secretary. SEC. 385E. RURAL STRATEGIC INVESTMENT PROGRAM. (a) IN GENERAL.If the Secretary approves a
national strategic investment plan submitted by the National Board, of the
funds of the Commodity Credit Corporation, the Secretary shall transfer to
the National Board $100,000,000, to remain available until expended, for
the Board to use to make planning grants and innovation grants to Regional
Boards and to otherwise carry out this subtitle. (b) USE BY NATIONAL BOARD.Of the amount transferred by
the Secretary to the National Board under subsection (a), the National
Board shall use (1) not less than $8,000,000
to make planning grants to Regional Boards under section 385F; (2) not less than $87,000,000
to make innovation grants to Regional Boards under section 385G; and (3) the remainder of the funds to
carry out section 385H and administer this subtitle (other than section
385H). SEC. 385F. REGIONAL STRATEGIC INVESTMENT PLANNING
GRANTS. (a) IN GENERAL.The National Board shall use
amounts made available under section 385E(b)(1) to make not fewer than 80
planning grants, on a competitive basis, to applicant Regional Boards to
develop, maintain, evaluate, and report progress on regional strategic
investment plans in accordance with section 385C and this section. (b) REGIONAL PLANS.A regional plan for a region
covered by a Regional Board shall, to the maximum extent practicable,
cover (1) basic infrastructure
needs of the region; (2) basic services within the
region; (3) opportunities for
economic diversification and innovation within the region, with particular
attention to entrepreneurial support and innovation; (4) the current and future
human resource capacity of the region; (5) access to market-based
financing and venture and equity capital in the region; (6) the development of
innovative public and private collaborations for investments in the
region; and (7) other appropriate
matters, as determined by the National Board and the Secretary. (c) PREFERENCES.In awarding
planning grants, the National Board shall give a preference to planning
grants that will be used to address community capacity building and
community sustainability. (d) AMOUNT.The total amount of a planning
grant made to a Regional Board shall not exceed $100,000. (e) COST SHARING. (1) IN GENERAL.Subject to
paragraphs (2) and (3), the share of the costs of developing, maintaining,
evaluating, and reporting on a regional plan funded by a grant under this
section shall not exceed 50 percent. (2) FORM. (A) IN GENERAL. Except as
provided in subparagraph (B), a Regional Board shall pay the grantee share
of the costs described in paragraph (1) in the form of cash, services,
materials, or other in-kind contributions. (B) LIMITATION.A grantee
shall not pay more than 50 percent of the grantee share in the form of
services, materials, or other in-kind contributions. (3) INCREASED SHARE.The National
Board may increase the share of the costs covered by a planning grant made
to a Regional Board under this section if a limited ability of the
Regional Board to pay would otherwise create a barrier to full
participation in the program. SEC. 385G.
INNOVATION GRANTS. (a) IN GENERAL.The National Board shall use
amounts made available under section 385E(b)(2) to make innovation grants,
on a competitive basis, to Regional Boards to implement projects that are
identified in the regional plans of the Regional Boards. (b) ELIGIBILITY. (1) IN GENERAL.For a
Regional Board to be eligible to receive an innovation grant, the National
Board shall determine that (A) the regional plan of a
Regional Board meets the requirements of this subtitle; (B) the management and
organizational structure of the Regional Board is sufficient to oversee
grant projects; (C) the Regional Board will
be able to provide the grantee share required under this section; and (D) the Regional Board agrees
to achieve, to the maximum extent practicable, the performance-based
benchmarks of the regional plan. (2) RELATIONSHIP TO PLANNING GRANTS.A Regional Board that meets the requirements of paragraph
(1) shall be eligible to receive an innovation grant, regardless of
whether the Regional Board receives a planning grant. (c) SELECTION.Subject to
subsection (d), of the applications submitted by Regional Boards for
innovation grants, the National Board shall, to the maximum extent
practicable, select not fewer than 30 regional boards to receive
innovation grants. (d) PREFERENCES.In awarding
innovation grants, the National Board shall give a preference (in order of
priority) to Regional Boards that (1) exhibit collaborative
innovation and entrepreneurship, particularly within a public-private
partnership; (2) represent a broad
coalition of interests described in section 385C(b)(2)(A); (3) demonstrate a plan to
leverage public (Federal and non-federal) and private funds and existing
assets, including natural assets and public infrastructure; (4) address gaps in existing
basic services within a region; (5) address economic
diversification, including agricultural and non-agriculturally based
economies, within a regional framework; (6) demonstrate a plan to
achieve multijurisdictional regional planning and development, with
particular evidence of economic development successes within diverse
stakeholder frameworks; or (7) meet other community
development needs identified by a Regional Board. (e) USES. (1) LEVERAGE.A Regional
Board shall prioritize projects, in part, on the degree to which the
Regional Board is able to leverage additional funds for the implementation
of the projects. (2) PURPOSES.A Regional
Board may use an innovation grant provided for a region (A) to support the development of critical
infrastructure necessary to facilitate economic development in the region; (B) to provide assistance to
entities within the region that provide basic public services; (C) to assist with job
training, workforce development, or other needs related to the development
and maintenance of strong local and regional economies; (D) to assist in the
development of unique new collaborations that link public, private, and
philanthropic resources to achieve collaboratively designed regional
advancement; and (E) to provide support to
business investment. (3) OTHER DEPARTMENT PROGRAMS.A
Regional Board may not use an innovation grant provided for a region for
any purpose for which funding may be obtained under any other rural
development program of the Department of Agriculture unless (A) the Regional Board (i) has submitted an
application for the funding under the other program; and (ii) withdraws the
application; and (B) the National Board
approves use of the innovation grant for that purpose. (4) OPERATING EXPENSES.A Regional
Board may use for administrative costs in carrying out programs and
activities related to the grant the greater of (A) $100,000; or (B) 5 percent of the amount
of an innovation grant provided. (f) AMOUNT. (1) IN GENERAL.The amount
of an innovation grant made to a Regional Board shall not exceed
$3,000,000. (2) AVAILABILITY.The amount
of an innovation grant made to a Regional Board shall remain available
until expended. (g) COST SHARING. (1) IN GENERAL.Subject to
paragraphs (2) and (3), the share of the costs of projects covered by an
innovation grant made to a Regional Board under this section shall not
exceed 75 percent, as determined by the National Board. (2) FORM.A Regional Board may pay the
grantee share of the costs of projects covered by an innovation grant in
the form of cash or services, materials, or other in-kind contributions. (3) WAIVER OF GRANTEE SHARE.The
National Board may waive the grantee share of the costs of projects
covered by an innovation grant made to a Regional Board under this section
if the National Board determines that such a waiver is appropriate. (4) OTHER FEDERAL PROGRAMS.For
the purpose of determining grantee share requirements for any other
Federal programs, funds provided for innovation grants shall be considered
to be non-Federal funds. (h) NEGOTIATION.The National
Board may (1) negotiate with a Regional
Board on the substance, size, and scope of a regional plan; and (2) approve an innovation
grant for an amount that is lower than the amount requested by the
Regional Board. (i) NONCOMPLIANCE.If a
Regional Board fails to comply with the requirements of this section, the
National Board may take such actions as are necessary to obtain
reimbursement of unused grant funds. (j) OTHER USES.The National Board may use not
more than 5 percent of the amounts made available for innovation grants (1) to provide assistance to
interests described in section 385C(b)(2)(A) to obtain certification of a
Regional Board; (2) to provide assistance for
emergent innovative opportunities that are not covered by existing
regional plans; (3) to provide technical
assistance, research, organizational support, and other capacity building
infrastructure to support existing Regional Boards; (4) to provide assistance for
other entrepreneurial opportunities to advance the goals of the program;
or (5) to advance a more
integrative rural policy framework for the United States. (k) TRANSFERS.To ensure
maximum use of funds provided under this subtitle, the National Board may
transfer not more than 10 percent of the amount of funds made available
between planning grants and innovation grants. SEC. 385H. NATIONAL CONFERENCE ON RURAL AMERICA. (a) IN GENERAL.The President shall call and
conduct a National Conference on Rural America, which shall be held not
earlier than November 1, 2002, and not later than October 30, 2004. (b) PURPOSE.The purpose of the Conference
shall be to bring together the resources of governmental agencies and the
private and nonprofit sectors to develop (1) policy recommendations
and integrative strategies for addressing the unique challenges facing
rural areas of the United States; and (2) an implementation plan,
with outcome-based measurements, for addressing the challenges. (c) COMPOSITION. (1) IN GENERAL.The
Conference shall be comprised of (A) representatives of
organizations devoted to rural development; (B) Members of Congress,
including the chairman and ranking member of each of the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate; (C) representatives of the
Department of Agriculture and other Federal agencies; (D) State, local, and tribal
elected officials and representatives; (E) representatives of
colleges and universities, State and tribal extension services, and State
rural development councils; and (F) individuals with
specialized knowledge of and expertise in rural and community development,
cooperative business, agricultural credit, venture capital, health care,
and rural demography. (2) SELECTION.Of the
participants in the Conference described in paragraph (1) (A) 1/3 of the members shall be selected by
the President; (B) 1/3 of the members shall be selected by
the Chairman and the ranking member of the Committee on Agriculture of the
House of Representatives; and (C) 1/3 of the members shall be selected by
the Chairman and the ranking member of the Committee on Agriculture,
Nutrition, and Forestry of the Senate. (3) REPRESENTATION.In selecting
the participants of the Conference, the President and the Chairman of each
Committee referred to in paragraph (2) shall ensure, to the maximum extent
practicable, that the participants
are representative of the ethnic, racial, and linguistic diversity of
rural areas of the United States. (d) REPORT. (1) REPORT TO PRESIDENT.Not later
than 120 days after the termination of the Conference, the Conference
shall submit to the President a report that contains the findings and
recommendations of the Conference, including findings and recommendations
to address needs related to (A) telecommunications; (B) rural health issues; (C) transportation; (D) opportunities for
economic diversification and innovation within rural America, with
particular attention to entrepreneurial support and innovation; (E) the current and future
human resource capacity of rural America; (F) access to market-based
financing and venture and equity capital in rural America; and (G) the development of
innovative public and private collaborations for investments in rural
America. (2) REPORT MADE PUBLIC AND TO CONGRESS.Not later than 90 days after receipt by the President, the
President shall (A) make the report public;
and (B) transmit to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a copy of the report
and a statement of the President containing recommendations for
implementing the report. (3) PUBLICATION AND DISTRIBUTION. (A) IN GENERAL.The
Conference shall publish and distribute the report described in paragraph
(1). (B) MANDATORY DISTRIBUTION.The
Conference shall provide a copy of a report published under subparagraph (A), at no cost, to (i) each Federal depository
library; and (ii) on request, each State,
tribal, and local elected official in a rural area of the United States. (e) FUNDING.Not later than 180 days after
the establishment of the National Board, the National Board shall transfer
not more than $2,000,000 to the Office of the President to carry out this
section, to remain available until expended.. |
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