§2009dd–2. Regional Investment Boards
(a) In general
The National Board may certify a group representing the interests described in subsection (b)(2)(A) of this section as a Regional Investment Board created to develop and implement a regional strategic investment plan for grants made under this subchapter 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 450b of title 25);
(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) ½ of the members shall be representatives of units of local government and Indian tribes described in subparagraph (A); and
(ii) ½ 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.
(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 2009dd–5 of this title, with benchmarks, to promote investment in eligible areas through the use of grants made available under this subchapter;
(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.
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