-RD Instruction 1948-B
§1948.63 Historic preservation requirements.
The policies and regulations contained in Part 1901, Subpart F, of this Chapter applies to this program.
§1948.64 Equal opportunity requirements.
The policies and regulations contained in Part 1901, Subpart E, of this Chapter applies to grants made under this program.
§1948.65 Relocation Act requirements.
The policies and regulations contained in Title 7, Subtitle A, Part 21 of the Code of Federal Regulations (Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970) will apply to site development and acquisition grants and other actions under this program.
§1948.67 Procedure for designation.
(a) Local governments may request the Governor of the State in which they are located to designate an area served by them as an energy impacted area.
(b) The Governor will define the geographic area of a designated area consistent with the nature of the impact and the socio-economic integration of the area.
(c) The Governor may designate an area as an energy impacted area based on the criteria contained in this Subpart.
§1948.68 Criteria for designation.
(a) An area designated by the Governor must have the following characteristics:
(1) During the most recent calendar year, the eligible employment in coal or uranium development activities within the area has increased by eight percent or more from the preceding year, or such
(06-14-79) SPECIAL PN
RD Instruction 1948-B
§1948.68 (a) (1) (Cont.)
employment (as projected by generally acceptable estimates) will increase by eight percent (of the eligible employment in the year of the designation) or more per year during each of the next three calendar years.
(2) Because of increased employment in coal or uranium development activities, a shortage of housing, inadequate public facilities, or services exists or will exist in the area. Such shortages or inadequacies may be demonstrated by: housing shortage statistics; higher occupancy rates of substandard houses than has historically occurred within the area; an increase (for which data or projected data is available) in eligible employment from the year of the designation of at least 100 workers and one-half of one percent of the designated area's population; or data showing that available public facilities and services in the area are below generally accepted standards due to the increased demand resulting from coal and uranium development activities. (Revised 6-26-81, SPECIAL PN.)
(3) Available State and local financial resources are inadequate to meet the public need for housing or public facilities and services at present or in the next three years. In making this determination the Governor should consider the following:
(i) State revenue increases resulting from coal and uranium development activity based on existing tax laws;
(ii) Federal funds transferred to the State for impact assistance;
(iii) Local revenue increases resulting from coal or uranium development activities based on existing tax laws;
(iv) Other federal financial assistance to which the area may have access;
(v) All other available State and local sources of funding;
(vi) The time during which the resources will be available;
(vii) Existing laws committing increases in State and local revenues and Federal transfers to purposes other than impact assistance; and
(viii) The estimated cost of development based on the best available informed judgment.
§1948.68 (Cont.) RD Instruction 1948-B
(b) Designations submitted to the Secretary of Energy for approval must have the following attached:
(1) A list of all counties and parts of counties covered by the designation;
(2) If the area is smaller than a county, a map showing the boundary of the area and the approximate location of all eligible employment facilities in the area and nearby;
(3) A written justification for the inclusion of an area if the area is smaller than a county.
(4) The level of eligible employment within the designated area for each of the two most recent calendar years. This data should be obtained from a single source for the entire State, if possible; special surveys may be used when the Governor determines that these more accurately reflect employment conditions within the designated area, or in cases where data from other sources for the most recent calendar year is unavailable at the time of designation. Reference should be made to the data sources used if it is a Federal source; if a non-Federal sources is used, a copy of the source and a brief description of the procedures used for justification should be included. If projections of eligible employment are to be considered, projections of such employment for the next three years must be attached; identification of data sources and methodology used in developing those projections and a copy of any survey data used should be included.
(c) In areas where the impacted area covers counties or parts of counties located in more than one State, the Governors of the affected States may jointly designate such area and submit the designation to the Secretary of Energy for approval.
(d) After examining these factors and determining that the area meets the criteria of (a) above, the Governor may so certify in a letter bearing his or her signature and submit the letter of certification with all data and estimates upon which the designation is based to the Secretary of Energy for approval.
(e) Each designation submitted should have the name and phone number of a contact person in the Governor's designating office.
(f) An original and one copy of the designation should be submitted to Secretary of Energy, Department of Energy, Mail Stop 8G-031, Forrestal Building, Washington, D. C. 20585.