116 STAT. 404 PUBLIC LAW 107-171—MAY 13, 2002 "(i) V2 of the members shall be representatives of units of local government and Indian tribes described in subparagraph (A); and "(ii) Vz 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, nonvoting 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; Reports. "(D) provide annual reports to the Secretary and the National Board on progress made in achieving the bench-, marks 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.
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