---
kind: "section"
citation: "7 U.S.C. § 2009bb–1"
title: "7"
title_heading: "Agriculture"
number: "2009bb–1"
heading: "Northern Great Plains Regional Authority"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/2009bb-1"
units:
  - "Chapter 50 — Agricultural Credit"
  - "Subchapter VII — Northern Great Plains Regional Authority"
---

# §2009bb–1. Northern Great Plains Regional Authority

- (a) **Establishment—**
  - (1) **In general—** There is established the Northern Great Plains Regional [Authority](/usc/7/2009aa.md?p=1).
  - (2) **Composition—** The [Authority](/usc/7/2009aa.md?p=1) shall be composed of—
    - (A) a Federal member, to be appointed by the President, by and with the advice and consent of the Senate;
    - (B) the Governor (or a designee of the Governor) of each [State](/usc/7/2009.md?p=1) in the [region](/usc/7/2009aa.md?p=2) that elects to participate in the [Authority](/usc/7/2009aa.md?p=1); and
    - (C) a member of an [Indian tribe](/usc/7/2009bb.md?p=3), who shall be a chairperson of an [Indian tribe](/usc/7/2009bb.md?p=3) in the [region](/usc/7/2009aa.md?p=2) or a designee of such a chairperson, to be appointed by the President, by and with the advice and consent of the Senate.
  - (3) **Cochairpersons—** The [Authority](/usc/7/2009aa.md?p=1) shall be headed by—
    - (A) the Federal member, who shall serve—
      - (i) as the Federal cochairperson; and
      - (ii) as a liaison between the Federal Government and the [Authority](/usc/7/2009aa.md?p=1);
    - (B) a [State](/usc/7/2009.md?p=1) cochairperson, who—
      - (i) shall be a Governor of a participating [State](/usc/7/2009.md?p=1) in the [region](/usc/7/2009aa.md?p=2); and
      - (ii) shall be elected by the [State](/usc/7/2009.md?p=1) members for a term of not less than 1 year; and
    - (C) the member of an [Indian tribe](/usc/7/2009bb.md?p=3), who shall serve—
      - (i) as the tribal cochairperson; and
      - (ii) as a liaison between the governments of [Indian tribes](/usc/7/2009bb.md?p=3) in the [region](/usc/7/2009aa.md?p=2) and the [Authority](/usc/7/2009aa.md?p=1).
  - (4) **Failure to confirm—**
    - (A) **Federal member—** Notwithstanding any other provision of this section, if a Federal member described in [paragraph (2)(A)](#a-2-A) has not been confirmed by the Senate by not later than 180 days after the date of enactment of this paragraph, the [Authority](/usc/7/2009aa.md?p=1) may organize and operate without the Federal member.
    - (B) **Indian Chairperson—** In the case of the Indian Chairperson, if no Indian Chairperson is confirmed by the Senate, the regional [authority](/usc/7/2009aa.md?p=1) shall consult and coordinate with the leaders of [Indian tribes](/usc/7/2009bb.md?p=3) in the [region](/usc/7/2009aa.md?p=2) concerning the activities of the [Authority](/usc/7/2009aa.md?p=1), as appropriate.
- (b) **Alternate members—**
  - (1) **Alternate Federal cochairperson—** The President shall appoint an alternate Federal cochairperson.
  - (2) **State alternates—**
    - (A) **In general—** The [State](/usc/7/2009.md?p=1) member of a participating [State](/usc/7/2009.md?p=1) may have a single alternate, who shall be—
      - (i) a resident of that [State](/usc/7/2009.md?p=1); and
      - (ii) appointed by the Governor of the [State](/usc/7/2009.md?p=1).
    - (B) **Quorum—** A [State](/usc/7/2009.md?p=1) alternate member shall not be counted toward the establishment of a quorum of the members of the [Authority](/usc/7/2009aa.md?p=1) in any case in which a quorum of the [State](/usc/7/2009.md?p=1) members is required to be present.
  - (3) **Alternate tribal cochairperson—** The President shall appoint an alternate tribal cochairperson, by and with the advice and consent of the Senate.
  - (4) **Delegation of power—** No power or responsibility of the [Authority](/usc/7/2009aa.md?p=1) specified in paragraphs [(2)](#c-2) and [(3)](#c-3) of subsection (c), and no voting right of any member of the [Authority](/usc/7/2009aa.md?p=1), shall be delegated to any [person](/usc/7/499a.md?p=b-1) who is not—
    - (A) a member of the [Authority](/usc/7/2009aa.md?p=1); or
    - (B) entitled to vote in [Authority](/usc/7/2009aa.md?p=1) meetings.
- (c) **Voting—**
  - (1) **In general—** A decision by the [Authority](/usc/7/2009aa.md?p=1) shall require a majority vote of the [Authority](/usc/7/2009aa.md?p=1) (not including any member representing a [State](/usc/7/2009.md?p=1) that is delinquent under [subsection (g)(2)(D)](#g-2-D)) to be effective.
  - (2) **Quorum—** A quorum of [State](/usc/7/2009.md?p=1) members shall be required to be present for the [Authority](/usc/7/2009aa.md?p=1) to make any policy decision, including—
    - (A) a modification or revision of an [Authority](/usc/7/2009aa.md?p=1) policy decision;
    - (B) approval of a [State](/usc/7/2009.md?p=1) or regional development plan; and
    - (C) any allocation of funds among the [States](/usc/7/2009.md?p=1).
  - (3) **Project and grant proposals—** The approval of project and grant proposals shall be—
    - (A) a responsibility of the [Authority](/usc/7/2009aa.md?p=1); and
    - (B) conducted in accordance with [section 2009bb–8 of this title](/usc/7/2009bb–8.md).
  - (4) **Voting by alternate members—** An alternate member shall vote in the case of the absence, death, disability, removal, or resignation of the Federal, [State](/usc/7/2009.md?p=1), or [Indian tribe](/usc/7/2009bb.md?p=3) member for whom the alternate member is an alternate.
- (d) **Duties—** The [Authority](/usc/7/2009aa.md?p=1) shall—
  - (1) develop, on a continuing basis, comprehensive and coordinated plans and programs for multistate cooperation to advance the economic and social well-being of the [region](/usc/7/2009aa.md?p=2) and to approve grants for the economic development of the [region](/usc/7/2009aa.md?p=2), giving due consideration to other Federal, [State](/usc/7/2009.md?p=1), tribal, and local planning and development activities in the [region](/usc/7/2009aa.md?p=2);
  - (2) not later than 220 days after May 13, 2002, establish priorities in a development plan for the [region](/usc/7/2009aa.md?p=2) (including 5-year regional outcome targets);
  - (3) assess the needs and assets of the [region](/usc/7/2009aa.md?p=2) based on available research, demonstrations, investigations, assessments, and evaluations of the [region](/usc/7/2009aa.md?p=2) prepared by Federal, [State](/usc/7/2009.md?p=1), tribal, and local agencies, universities, regional and local development districts or organizations, regional boards established under subchapter IX, and other nonprofit groups;
  - (4) formulate and recommend to the Governors and legislatures of [States](/usc/7/2009.md?p=1) that participate in the [Authority](/usc/7/2009aa.md?p=1) forms of interstate cooperation for—
    - (i) renewable energy development and transmission;
    - (ii) transportation planning and economic development;
    - (iii) information technology;
    - (iv) movement of freight and individuals within the [region](/usc/7/2009aa.md?p=2);
    - (v) federally-funded research at institutions of higher education; and
    - (vi) conservation land management;
  - (5) work with [State](/usc/7/2009.md?p=1), tribal, and local agencies in developing appropriate model legislation;
  - (6) enhance the capacity of, and provide support for, multistate development and research organizations, local development organizations and districts, and resource conservation districts in the [region](/usc/7/2009aa.md?p=2);
  - (7) encourage private investment in industrial, commercial, renewable energy, and other economic development projects in the [region](/usc/7/2009aa.md?p=2); and
  - (8) cooperate with and assist [State](/usc/7/2009.md?p=1) governments with economic development programs of participating [States](/usc/7/2009.md?p=1).
- (e) **Administration—** In carrying out [subsection (d)](#d), the [Authority](/usc/7/2009aa.md?p=1) may—
  - (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute a description of the proceedings and reports on actions by the [Authority](/usc/7/2009aa.md?p=1) as the [Authority](/usc/7/2009aa.md?p=1) considers appropriate;
  - (2) authorize, through the Federal, [State](/usc/7/2009.md?p=1), or tribal cochairperson or any other member of the [Authority](/usc/7/2009aa.md?p=1) designated by the [Authority](/usc/7/2009aa.md?p=1), the administration of oaths if the [Authority](/usc/7/2009aa.md?p=1) determines that testimony should be taken or evidence received under oath;
  - (3) request from any Federal, [State](/usc/7/2009.md?p=1), tribal, or local agency such information as may be available to or procurable by the agency that may be of use to the [Authority](/usc/7/2009aa.md?p=1) in carrying out the duties of the [Authority](/usc/7/2009aa.md?p=1);
  - (4) adopt, amend, and repeal bylaws and rules governing the conduct of business and the performance of duties of the [Authority](/usc/7/2009aa.md?p=1);
  - (5) request the head of any Federal agency to detail to the [Authority](/usc/7/2009aa.md?p=1) such personnel as the [Authority](/usc/7/2009aa.md?p=1) requires to carry out duties of the [Authority](/usc/7/2009aa.md?p=1), each such detail to be without loss of seniority, pay, or other employee status;
  - (6) request the head of any [State](/usc/7/2009.md?p=1) agency, tribal government, or local government to detail to the [Authority](/usc/7/2009aa.md?p=1) such personnel as the [Authority](/usc/7/2009aa.md?p=1) requires to carry out duties of the [Authority](/usc/7/2009aa.md?p=1), each such detail to be without loss of seniority, pay, or other employee status;
  - (7) provide for coverage of [Authority](/usc/7/2009aa.md?p=1) employees in a suitable retirement and employee benefit system by—
    - (A) making arrangements or entering into contracts with any participating [State](/usc/7/2009.md?p=1) government or tribal government; or
    - (B) otherwise providing retirement and other employee benefit coverage;
  - (8) accept, use, and dispose of gifts or donations of services or real, personal, tangible, or intangible property;
  - (9) enter into and perform such contracts, leases, cooperative agreements, or other transactions as are necessary to carry out [Authority](/usc/7/2009aa.md?p=1) duties, including any contracts, leases, or cooperative agreements with—
    - (A) any department, agency, or instrumentality of the [United States](/usc/7/1991.md?p=a-6);
    - (B) any [State](/usc/7/2009.md?p=1) (including a political subdivision, agency, or instrumentality of the [State](/usc/7/2009.md?p=1));
    - (C) any [Indian tribe](/usc/7/2009bb.md?p=3) in the [region](/usc/7/2009aa.md?p=2); or
    - (D) any [person](/usc/7/499a.md?p=b-1), firm, association, or corporation; and
  - (10) establish and maintain a central office and field offices at such locations as the [Authority](/usc/7/2009aa.md?p=1) may select.
- (f) **Federal agency cooperation—** A Federal agency shall—
  - (1) cooperate with the [Authority](/usc/7/2009aa.md?p=1); and
  - (2) provide, on request of a cochairperson, appropriate assistance in carrying out this subchapter, in accordance with applicable Federal laws (including regulations).
- (g) **Administrative expenses—**
  - (1) **Federal share—** The Federal share of the administrative expenses of the [Authority](/usc/7/2009aa.md?p=1) shall be—
    - (A) for each of fiscal years 2008 and 2009, 100 percent;
    - (B) for fiscal year 2010, 75 percent; and
    - (C) for fiscal year 2011 and each fiscal year thereafter, 50 percent.
  - (2) **Non-Federal share—**
    - (A) **In general—** The non-Federal share of the administrative expenses of the [Authority](/usc/7/2009aa.md?p=1) shall be paid by non-Federal sources in the [States](/usc/7/2009.md?p=1) that participate in the [Authority](/usc/7/2009aa.md?p=1).
    - (B) **Share paid by each State—** The share of administrative expenses of the [Authority](/usc/7/2009aa.md?p=1) to be paid by non-Federal sources in each [State](/usc/7/2009.md?p=1) shall be determined by the [Authority](/usc/7/2009aa.md?p=1).
    - (C) **No Federal participation—** The Federal cochairperson shall not participate or vote in any decision under [subparagraph (B)](#g-2-B).
    - (D) **Delinquent States—** If a [State](/usc/7/2009.md?p=1) is delinquent in payment of the [State](/usc/7/2009.md?p=1)’s share of administrative expenses of the [Authority](/usc/7/2009aa.md?p=1) under this subsection—
      - (i) no assistance under this subchapter shall be provided to the [State](/usc/7/2009.md?p=1) (including assistance to a political subdivision or a resident of the [State](/usc/7/2009.md?p=1)); and
      - (ii) no member of the [Authority](/usc/7/2009aa.md?p=1) from the [State](/usc/7/2009.md?p=1) shall participate or vote in any action by the [Authority](/usc/7/2009aa.md?p=1).
- (h) **Compensation—**
  - (1) **Federal and tribal cochairpersons—** The Federal cochairperson and the tribal cochairperson shall be compensated by the Federal Government at the annual rate of basic pay prescribed for level III of the Executive Schedule in subchapter II of chapter 53 of title 5.
  - (2) **Alternate Federal and tribal cochairpersons—** The alternate Federal cochairperson and the alternate tribal cochairperson—
    - (A) shall be compensated by the Federal Government at the annual rate of basic pay prescribed for level V of the Executive Schedule described in [paragraph (1)](#h-1); and
    - (B) when not actively serving as an alternate, shall perform such functions and duties as are delegated by the Federal cochairperson or the tribal cochairperson, respectively.
  - (3) **State members and alternates—**
    - (A) **In general—** A [State](/usc/7/2009.md?p=1) shall compensate each member and alternate representing the [State](/usc/7/2009.md?p=1) on the [Authority](/usc/7/2009aa.md?p=1) at the rate established by [State](/usc/7/2009.md?p=1) law.
    - (B) **No additional compensation—** No [State](/usc/7/2009.md?p=1) member or alternate member shall receive any salary, or any contribution to or supplementation of salary from any source other than the [State](/usc/7/2009.md?p=1) for services provided by the member or alternate member to the [Authority](/usc/7/2009aa.md?p=1).
  - (4) **Detailed employees—**
    - (A) **In general—** No [person](/usc/7/499a.md?p=b-1) detailed to serve the [Authority](/usc/7/2009aa.md?p=1) under [subsection (e)(6)](#e-6) shall receive any salary or any contribution to or supplementation of salary for services provided to the [Authority](/usc/7/2009aa.md?p=1) from—
      - (i) any source other than the [State](/usc/7/2009.md?p=1), tribal, local, or intergovernmental agency from which the [person](/usc/7/499a.md?p=b-1) was detailed; or
      - (ii) the [Authority](/usc/7/2009aa.md?p=1).
    - (B) **Violation—** Any [person](/usc/7/499a.md?p=b-1) that violates this paragraph shall be fined not more than $5,000, imprisoned not more than 1 year, or both.
    - (C) **Applicable law—** The Federal cochairperson, the alternate Federal cochairperson, and any Federal officer or employee detailed to duty on the [Authority](/usc/7/2009aa.md?p=1) under [subsection (e)(5)](#e-5) shall not be subject to [subparagraph (A)](#h-4-A), but shall remain subject to sections 202 through 209 of title 18.
  - (5) **Additional personnel—**
    - (A) **Compensation—**
      - (i) **In general—** The [Authority](/usc/7/2009aa.md?p=1) may appoint and fix the compensation of an executive director and such other personnel as are necessary to enable the [Authority](/usc/7/2009aa.md?p=1) to carry out the duties of the [Authority](/usc/7/2009aa.md?p=1).
      - (ii) **Exception—** Compensation under [clause (i)](#h-5-A-i) shall not exceed the maximum rate for the Senior Executive Service under [section 5382 of title 5](/usc/5/5382.md), including any applicable locality-based comparability payment that may be authorized under [section 5304(h)(2)(C)](/usc/5/5304.md?p=h-2-C) of that title.
    - (B) **Executive director—** The executive director shall be responsible for—
      - (i) the carrying out of the administrative duties of the [Authority](/usc/7/2009aa.md?p=1);
      - (ii) direction of the [Authority](/usc/7/2009aa.md?p=1) staff; and
      - (iii) such other duties as the [Authority](/usc/7/2009aa.md?p=1) may assign.
    - (C) **No Federal employee status—** No member, alternate, officer, or employee of the [Authority](/usc/7/2009aa.md?p=1) (except the Federal cochairperson of the [Authority](/usc/7/2009aa.md?p=1), the alternate and staff for the Federal cochairperson, and any Federal employee detailed to the [Authority](/usc/7/2009aa.md?p=1) under [subsection (e)(5)](#e-5)) shall be considered to be a Federal employee for any purpose.
- (i) **Conflicts of interest—**
  - (1) **In general—** Except as provided under [paragraph (2)](#i-2), no [State](/usc/7/2009.md?p=1) member, [Indian tribe](/usc/7/2009bb.md?p=3) member, [State](/usc/7/2009.md?p=1) alternate, officer, or employee of the [Authority](/usc/7/2009aa.md?p=1) shall participate personally and substantially as a member, alternate, officer, or employee of the [Authority](/usc/7/2009aa.md?p=1), through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in any proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other matter in which, to knowledge of the member, alternate, officer, or employee—
    - (A) the member, alternate, officer, or employee;
    - (B) the spouse, minor child, partner, or organization (other than a [State](/usc/7/2009.md?p=1) or political subdivision of the [State](/usc/7/2009.md?p=1) or the [Indian tribe](/usc/7/2009bb.md?p=3)) of the member, alternate, officer, or employee, in which the member, alternate, officer, or employee is serving as officer, director, trustee, partner, or employee; or
    - (C) any [person](/usc/7/499a.md?p=b-1) or organization with whom the member, alternate, officer, or employee is negotiating or has any arrangement concerning prospective [employment](/usc/7/499a.md?p=b-10);

    has a financial interest.

  - (2) **Disclosure—** [Paragraph (1)](#i-1) shall not apply if the [State](/usc/7/2009.md?p=1) member, [Indian tribe](/usc/7/2009bb.md?p=3) member, alternate, officer, or employee—
    - (A) immediately advises the [Authority](/usc/7/2009aa.md?p=1) of the nature and circumstances of the proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other particular matter presenting a potential conflict of interest;
    - (B) makes full disclosure of the financial interest; and
    - (C) before the proceeding concerning the matter presenting the conflict of interest, receives a written determination by the [Authority](/usc/7/2009aa.md?p=1) that the interest is not so substantial as to be likely to affect the integrity of the services that the [Authority](/usc/7/2009aa.md?p=1) may expect from the [State](/usc/7/2009.md?p=1) member, [Indian tribe](/usc/7/2009bb.md?p=3) member, alternate, officer, or employee.
  - (3) **Violation—** Any [person](/usc/7/499a.md?p=b-1) that violates this subsection shall be fined not more than $10,000, imprisoned not more than 2 years, or both.
- (j) **Validity of contracts, loans, and grants—** The [Authority](/usc/7/2009aa.md?p=1) may declare void any contract, loan, or grant of or by the [Authority](/usc/7/2009aa.md?p=1) in relation to which the [Authority](/usc/7/2009aa.md?p=1) determines that there has been a violation of any provision under [subsection (h)(4)](#h-4) or [subsection (i)](#i) of this subtitle[^1], or sections 202 through 209 of title 18.

## Footnotes

[^1]: So in original. Probably should be “section”.

## Source credit

(Pub. L. 87–128, title III, § 383B, as added Pub. L. 107–171, title VI, § 6028, May 13, 2002, 116 Stat. 375; amended Pub. L. 110–234, title VI, § 6026(b), (c)(2)(A), May 22, 2008, 122 Stat. 1177, 1179; Pub. L. 110–246, § 4(a), title VI, § 6026(b), (c)(2)(A), June 18, 2008, 122 Stat. 1664, 1939, 1940.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of this paragraph, referred to in subsec. (a)(4)(A), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.

### Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

### Amendments

2008—Subsec. (a)(4). Pub. L. 110–246, § 6026(b)(1), added par. (4).

Subsec. (c)(3)(B). Pub. L. 110–246, § 6026(c)(2)(A), made technical amendment to reference in original act which appears in text as reference to section 2009bb–8 of this title.

Subsec. (d)(1). Pub. L. 110–246, § 6026(b)(2)(A), substituted “programs for multistate cooperation to advance the economic and social well-being of the region and to” for “programs to establish priorities and”.

Subsec. (d)(3). Pub. L. 110–246, § 6026(b)(2)(B), substituted “regional and local development districts or organizations, regional boards established under subchapter IX,” for “local development districts,”.

Subsec. (d)(4). Pub. L. 110–246, § 6026(b)(2)(C), substituted “cooperation for—” for “cooperation;” in introductory provisions and added cls. (i) to (vi).

Subsec. (d)(6). Pub. L. 110–246, § 6026(b)(2)(D), added par. (6) and struck out former par. (6) which read as follows:

“(A) enhance the capacity of, and provide support for, local development districts in the region; or

“(B) if no local development district exists in an area in a participating State in the region, foster the creation of a local development district;”.

Subsec. (d)(7). Pub. L. 110–246, § 6026(b)(2)(E), inserted “renewable energy,” after “commercial,”.

Subsec. (f)(2). Pub. L. 110–246, § 6026(b)(3), substituted “a cochairperson” for “the Federal cochairperson”.

Subsec. (g)(1). Pub. L. 110–246, § 6026(b)(4), added subpars. (A) to (C) and struck out former subpars. (A) to (C) which read as follows:

“(A) for fiscal year 2002, 100 percent;

“(B) for fiscal year 2003, 75 percent; and

“(C) for fiscal year 2004 and each fiscal year thereafter, 50 percent.”

### Statutory Notes and Related Subsidiaries

### Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.