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PLANNING COMMISSIONS

conferences and similar meetings organized for such purposes.

§ 306.22

Limitations.

Research and training assistance may be provided on terms and conditions set by the Assistant Secretary, subject to the following restrictions and limitations:

(a) No assistance will be extended to cover the costs of work already performed or of services already provided; and

(b) No assistance will be extended without satisfactory assurance to the Assistant Secretary that no other organization or Federal agency is considering the same request for financial support to the project.

Subpart D-General Rules

§ 306.30 Forms.

Requests and applications for assistance under this part should be made on appropriate EDA forms, copies of which may be obtained from State economic development agencies, EDA Area Offices, or by writing to the Assistant Secretary, Economic Development Administration, Washington, D.C. 20230: Provided, however, That an application in writing other than on a form may be accepted as a valid application where (1) it contains substantially the same information requested on the pertinent form, and (2) it evidences an intention on the part of the applicant that it be considered as an application and is not merely indicative of an intent to apply. [31 F.R. 16678, Dec. 30, 1966]

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All requests or applications for assistance under this part may be filed with or forwarded to the appropriate offices listed in §§ 301.30 and 301.31 of this chapter. In accordance with the provisions of section 4 of the Administrative Procedure Act (5 U.S.C. 1003) it has been found that notice and hearing on the foregoing Chapter III of Title 13 of the Code of Federal Regulations is unnecessary for the reason that all matters therein relate to agency management, personnel, loans, grants, guarantees, or benefits; and for the reason that because of the nature of these rules, such notice and hearing would serve no useful purpose. The provisions of this chapter are effective upon publication in the FEDERAL REGISTER.

PART 307-REGIONAL ACTION

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ignation.

economic development regions, with the § 307.4 Documentation required for desconcurrence of the States in which such regions will be wholly or partially 10cated, if he finds that the areas within such regions are related geographically, culturally, historically, and economically, and that the region has lagged behind the whole Nation in economic development.

§ 307.2

Purpose of designation.

Economic development regions are designated in order to give the participating States, through the formulation of a common economic development program, the advantages of joint and coordinated action on economic problems extending beyond the boundaries of a single State, and of more effective utilization of the various existing State and Federal programs to implement the regional overall economic development program. § 307.3

Criteria for designation.

In order to establish an economic development region under the Act, the Secretary of Commerce must find that:

(a) There is a relationship between the areas within such region geographically, culturally, historically, and economically.

(b) With the exception of Alaska and Hawaii, the region is within contiguous States, and

(c) Upon consideration of the following matters, among others, the region has lagged behind the whole Nation in economic development for the following reasons:

(1) The rate of unemployment is substantially above the national rate,

(2) The median level of family income is significantly below the national

median,

(3) The level of housing, health, and education facilities is substantially below the national level,

(4) The economy of the area has traditionally beeen dominated by only one or two industries which are in a state of long-term decline,

(5) The rate of outmigration of capital or labor or both is substantial,

(6) The area is adversely affected by changing industrial technology,

(7) The area is adversely affected by changes in national defense facilities or production, and

(8) Indices of regional production indicate a growth rate substantially below the national average.

As a basis for designation, the Secretary may request, over the signature of the respective Governors, a formal document requesting designation. This document should contain the following elements:

(a) Compilation of data and statistics about the region which demonstrate that the region meets the statutory criteria under section 501 of the Act,

(b) An outline and discussion of the major general and specific regionwide problems, which need to be resolved on a regional basis,

(c) An analysis which demonstrates why a regionwide approach would be more effective in solving these problems than a State-by-State approach, and

(d) A list of regionwide programs that might appropriately be undertaken in an effort to overcome these problems. Subpart B-Modification of Regional Boundaries

§ 307.20 Authority and purpose.

Section 503(a)(1) of the Act directs each regional action planning commission established pursuant to the Act to “advise and assist the Secretary in the identification of optimum boundaries for multistate economic development regions." The purpose of this subpart is to set forth the principles and procedures by which the Secretary will consider and act upon proposed boundary adjustments recommended by the commissions. 307.21 Documentation required for

modification.

The recommendations of a regional commission for modifications in existing regional boundaries should be accompanied by sufficient documentation to justify the proposed changes, including:

(a) A statistical analysis of the expanded territory in terms of the criteria in § 307.3 of the regulations of this part;

(b) Where appropriate, additional statistics and analyses evidencing inadequate or retarded economic development;

(c) A statistic profile of the expanded territory in terms of population, employment and income;

(d) Information concerning the economic, cultural, historic, or geographic relationship with the areas already situ

ated within the designated economic development region;

(e) A description of the specific economic development problems which are common to the designated region and to the proposed additional territory, and for which action by the regional commission is needed;

(f) A comparison of the economic ties of the additional territory to the designated region as opposed to its economic ties to areas outside the designated region;

(g) The written concurrence of the Governor of the State or States whose territory would be affected by the expansion of the region.

Subpart C-Regional Commission § 307.30

Establishment.

The Secretary, in accordance with section 502 of the Act, shall invite and encourage the States wholly or partially located in a designated economic development region to establish a multistate regional commission.

§ 307.31 Membership.

(a) Membership on a regional commission consists of one Federal member, hereinafter referred to as the "Federal Cochairman," and one member from each State participating in the region.

(b) The Federal Cochairman is appointed by the President, by and with the advice and consent of the Senate, and may have an alternate who is similarly appointed. The State member may be the Governor, his designee, or such other person as may be provided by the law of the State which he represents. Each State member may have an alternate, appointed by the Governor or as may otherwise be provided by law.

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time, among other things, the State members may elect a State Cochairman, and the commission may declare its establishment, adopt a charter listing its functions, and adopt resolutions governing the internal administration of the commission.

§ 307.34 Program development criteria.

(a) The Secretary, in accordance with the provisions of section 504 of the Act, through the Federal Cochairman, shall encourage each regional commission in its development of recommendations for programs and projects for future regional economic development, and in the establishment of priority ranking for such programs and projects, to follow procedures that will insure consideration of the following factors:

(1) The relationship of the project or class of projects to overall regional development including its location in an area determined by the State to have a significant potential for growth;

(2) The population and area to be served by the project or class of projects including the relative per capita income and unemployment rates in the area;

(3) The relative financial resources available to the State or political subdivision or instrumentalities thereof which seek to undertake the projects;

(4) The importance of the project or class of projects in relation to other projects or classes of projects which may be in competition for the same funds;

(5) The prospects that the project, on a continuing basis, will improve the opportunities for additional employment, raise the average level of income, or otherwise foster the economic and social development of the area served by the projects.

(b) In order to assist the Federal Cochairmen in carrying out their responsibilities under this section, the Secretary may from time to time issue program planning guidelines for their use and convenience.

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with the proposals of the several other commissions and those of the interested Federal departments and agencies.

§ 307.36 Powers and duties generally. The regional commission is authorized by section 506 of the Act to:

(a) Adopt, amend, and repeal bylaws, rules, and regulations governing the conduct of its business and the performance of its functions;

(b) Appoint and fix the compensation of an executive director and such other personnel as may be necessary to enable the commission to carry out its functions, except that such compensation shall not exceed the salary of the alternate to the Federal Cochairman on the commission and no member, alternate, officer, or employee of such commission, other than the Federal Cochairman on the commission and his staff and his alternate, and Federal employees detailed to the commission under paragraph (c) of this section, shall be deemed a Federal employee for any purpose;

(c) Request the head of any Federal department or agency (who is so authorized by section 506 (3) of the Act) to detail to temporary duty with the commission such personnel within his administrative jurisdiction as the commission may need for carrying out its functions, each such detail to be without loss of seniority, pay, or other employee status;

(d) Arrange for the services of personnel from any State or local government or any subdivision or agency thereof, or intergovernmental

agency;

any

(e) Make arrangements, including contracts, with any participating State government for inclusion in a suitable retirement and employee benefit system of such of its personnel as may not be eligible for, or continue in, another governmental retirement or employee benefit system, or otherwise provide for such coverage of its personnel, and the Civil Service Commission of the United States is authorized to contract with such commission for continued coverage of commission employees, who at date of commission employment are Federal employees, in the retirement program and other employee benefit programs of the Federal Government;

(f) Accept, use, and dispose of gifts or donations of services or property,

real, personal, or mixed, tangible or intangible;

(g) Enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary in carrying out its functions and on such terms as it may deem appropriate, with any department, agency, or instrumentality of the United States or with any State, or any political subdivision, agency, or instrumentality thereof, or with any person, firm, association, or corporation;

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In accordance with section 507 of the Act, each regional commission may:

(a) Hold such hearings, sit and act as such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute so much of its proceedings and reports thereon as it may deem advisable; a Cochairman of such commission, or any member designated by the commission for the purpose, is authorized by the Act to administer oaths when it is determined by the commission that testimony shall be taken or evidence received by oath, and

(b) Arrange for the head of any Federal, State or local department or agency who is authorized by the Act, and to the extent not otherwise prohibited by law, to furnish to the commission such information as may be available to or procurable by such department agency.

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The Act requires each regional commission to keep complete records of its transactions, which shall be made available for public inspection.

Subpart D-Review of Commission Proposals

§ 307.50 Authority and purpose.

Section 503 (b) of the Act requires the Secretary to "present such plans and proposals of the Commissions as may be transmitted and recommended to him (but are not authorized by any other section of the Act) first for review by

the Federal agencies primarily interested in such plans and proposals and then, together with the recommendations of such agencies, to the President for such action as he may deem desirable." The Secretary, in cooperation with the Federal Cochairmen, will determine appropriate procedures for obtaining review of commission proposals by interested departments and agencies.

§ 307.51 Comprehensive planning.

Commission plans and proposals normally should be supported by regional programs which have been endorsed by the commissions which, when fully developed, will ordinarily include the following elements:

(a) Review of prior studies. The regional plan should include a review of prior studies concerning the region's economy, together with an indication of the relevance of such studies to the region's current problems.

(b) Framework for analysis. The regional plan should include an estimate of the gaps in research and data needed to conduct effective development planning.

(c) Review of the regional economy. The regional plan should include projections of population and labor force and employment by key industrial sectors, and an inventory of natural resources. It should analyze the present capability of the infrastructure to support economic growth. It should identify the major growth centers within the region which are capable of long-term economic growth.

(d) Review of conditions inhibiting growth. The regional plan should include a review of the major factors which have caused the region to lag behind the Nation as a whole in economic development.

(e) Review of major plans and pending decisions. The regional plan should include a review of public and available private plans for capital expansion and investment, and should relate these other public and private plans to the commission's regional plan.

(f) Establishment of regional goals. The regional plan should include an explicit statement of the region's economic goals, such as reducing unemployment, raising personal income, raising educational levels, and so forth.

(g) Determination of a development strategy. The regional plan should set forth an explicit strategy for achieving

the region's specified development goals. This strategy should included an analysis of the extent to which public investment should be concentrated or dispersed, and what kinds of public investments are the most critical for achieving a higher rate of economic growth.

(h) Review of existing program adequacy. The regional plan should include a review and analysis of the extent to which existing Federal, State, and local programs are adequate to support the commission's goals and strategies. It should identify the major gaps, modifications, or supplements to existing programs which will help carry out the commission's development strategy.

(i) Criteria for project identification. The regional plan should include an analysis of the classes of projects which are consistent with the commission's goals and programs and an identification on a regionwide basis of the locations and types of projects necessary to carry out the regional plan for economic development.

§ 307.52 Review standards.

In reviewing the commission's regional plans and proposals prior to making recommendations to the President, the Secretary will consider the following factors:

(a) Consistency with national economic trends. The projections of economic activity contained in the plans will be compared with trends in the national economy. Such projections of regional growth should be reasonably consistent with the projections of national growth and other projections of regional growth, particularly when the regional projections depend for their success upon growing regional exports to national markets.

(b) Interregional consistency. Regional plans developed by the commissions should be reasonably consistent with each other, taking into account the differing needs and objectives of the various regions.

(c) Transference of employment. The regional plans should not provide for nor encourage the pirating of industry into the region from other parts of the Nation.

(d) National benefits. The regional plans should attempt to provide reasonable assurance that economic growth within the region can be sustained with a minimum amount of subsidization;

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