link to page 1


Updated March 6, 2023
Forming a Funded Federal Regional Commission
During the 117th Congress, the Senate confirmed the
President with Senate confirmation, and the member state
nominations of the federal co-chairs for the Southeast
governors, of which one is elected by the governors as state
Crescent Regional Commission (SCRC) and the Southwest
co-chair.
Border Regional Commission (SBRC), thereby allowing
them to convene and begin other activities. Also during the
Commission Funding, FY2022-FY2023
117th Congress, the Consolidated Appropriations Act, 2023
The Consolidated Appropriations Act, 2023 (P.L. 117-328)
(P.L. 117-328) authorized a new federal regional
provided annual appropriations for ARC, Denali
commission, the Great Lakes Authority (GLA). However,
Commission, DRA, SCRC, SBRC, and NBRC, but not the
the GLA is not currently operational, and has not received
GLA.
appropriations. Although appropriations are necessary for
their full activation, they are also insufficient without
Table 1 summarizes funding amounts for the six federal
additional steps. This In Focus describes potential
regional commissions that have received appropriations in
additional steps that may be necessary for a federal regional
FY2022 and FY2023, along with the year authorized.
commission to achieve full formation, and potential policy
options for Congress as it continues to consider creating
Table 1. Funded Federal Regional Commissions at a
new federal regional commissions and authorities.
Glance
Background on the Federal Regional
Year
FY2022
FY2023
Commissions and Authorities

Enacted
Appropriations Appropriations
Eight federal regional commissions and authorities have
SBRC
FY2008
$3.75 mil ion
$5.0 mil ion
been authorized by Congress to address instances of major
economic distress in geographically defined socio-
SCRC
FY2008
$10.00 mil ion
$20.0 mil ion
economic regions. Congress authorized the first federal
NBRC
FY2008
$185.00 mil ion
$40.0 mil ion
regional commission, the Appalachian Regional
Commission (ARC), in 1965. Additional commissions and
DRA
FY2000
$180.10 mil ion
$31.0 mil ion
authorities were founded in 1998 (the Denali Commission),
Denali
FY1998
$90.10 mil ion
$17.0 mil ion
2000 (the Delta Regional Authority, or DRA), and 2002
(the Northern Great Plains Regional Authority, or
ARC
FY1965
$395.00 mil ion
$400.0 mil ion
NGPRA). Three commissions—the Northern Border
Source: Appropriations figures tabulated from, P.L. 117-58, P.L. 117-
Regional Commission (NBRC), SCRC, and the SBRC—
103, and P.L. 117-328.
were authorized in 2008. The Consolidated Appropriations
Act, 2023 (P.L. 117-328) amended 40 U.S.C. §15301(a) to
Notes: The federal commissions listed have received appropriations
establish the GLA in December 2022. Six of the eight
in FY2022 and FY2023. FY2022 amounts include appropriations
entities—the ARC, DRA, Denali, and NBRC, SBRC, and
provided in the Infrastructure Investment and Jobs Act (P.L. 117-58).
SCRC—receive annual appropriations and have
Steps for Commission Formation
presidentially-nominated, Senate-confirmed federal co-
chairs in place. The NGPRA and GLA are currently
Appropriations represent a first step towards the full
inactive. The NGPRA’s authorization lapsed at the end of
formation and operation of regional commissions; however,
FY2018; it received one appropriation for $1.5 million in
several additional steps must be completed before a
FY2004.
commission can be fully convened and active.
The authorizing legislation for the GLA, NBRC, SBRC,
These steps include, broadly:
and SCRC requires a presidentially-appointed federal co-
chair. The U.S. Senate recently confirmed the SCRC’s and
1. The presidential appointment and Senate
SBRC’s first federal co-chairs in December 2021 and
confirmation of a federal co-chair, and
December 2022, respectively, allowing the commissions to
potentially an alternate federal co-chair;
convene and begin other activities. As of February 2023,
2. The convening of the commission,
President Biden had not nominated a federal co-chairperson
including the federal co-chair and the
for the GLA.
member state governors;
3. Organizational development of the
The regional commissions and authorities established after
commission, which includes the
the ARC—with the exception of the Denali Commission—
development of bylaws, hiring of a
are all broadly modeled after the ARC’s structure. The
professional staff, and the identification
structure includes a federal co-chair, appointed by the
of program priorities; and
https://crsreports.congress.gov

---

Forming a Funded Federal Regional Commission
4. The establishment of an economic
their roles and functions. The programmatic elements of the
development grant-making program,
commission’s work would be informed by the regional
pending additional appropriations.
economic development priorities identified by commission
members. The commission may draft a strategic plan or
Appointment of a Federal Co-Chair
priorities document, or delegate responsibility for the
The presidential appointment and Senate confirmation of a
development of such documentation to commission staff,
federal co-chair is an essential step, as the federal co-chair
seconded staff from the respective state governments, or a
is a statutorily enumerated leader of the commission,
third party, subject to approval by the commission.
alongside state members (the governors, of which one is
elected state co-chair). According to 40 U.S.C. §15301, the
Prior rounds of appropriations to the SBRC and SCRC
authorizing statute for the GLA, NBRC, SBRC, and SCRC,
provided funding for hiring staff and the operational costs
the federal co-chair serves as the “liaison between the
of convening the commissions. This funding may
federal government and the commission.” The statute also
potentially be used for initial economic development grant-
states that the federal co-chair’s assent is required, along
making activities.
with a majority of state members, in rendering any decision.
In effect, the statute does not provide for the commission’s
However, as is generally the case with the active federal
formation in the absence of a duly appointed and confirmed
regional commissions, the SBRC and SCRC’s authorizing
federal co-chair.
statute—as well as the GLA’s authorizing statute—
obligates evenly shared administrative expenses between
The federal co-chair’s rank and compensation is also
the federal government and state members. As such,
established in statute as level III of the Executive Schedule.
additional appropriations allocated for administration would
According to the Office of Personnel Management (OPM),
require an equal match from the member states. The states
the FY2023 rate of basic pay for level III of the Executive
are not responsible for providing funding for grant-making,
Schedule is $195,000. The statute also provides for the
however. Those funds would need to be included in future
presidential appointment (without Senate confirmation) of
federal appropriations.
an alternate federal co-chair, who may serve in the federal
co-chair’s stead as needed, or as a deputy otherwise—at the
Policy Considerations
rank of level V of the FY2023 Executive Schedule, or
Enacting, appropriating, and operationalizing a federal
$172,100.
regional commission can be a long-term and sometimes
disconnected process, as a commission may not form even
Convening the Commission
with authorizing legislation and appropriations. Should
Upon appointment and confirmation of a federal co-chair, a
Congress wish to streamline the formation process, it may
commission may begin formal operations once the
consider potential options:
commission membership is convened. Each commission
consists of the federal co-chair and the governors of the
ï‚· Develop model legislation to provide a temporary or
member states. For the GLA, SBRC, and SCRC, the
alternate federal co-chair until a permanent one is
authorizing statute also provides for the selection of state
appointed and confirmed;
alternates to serve in the governors’ stead. The convening
of the commission would functionally operationalize the
ï‚· Allow for a class of federal regional commissions to be
commission and, with the assent of the federal co-chair and
authorized, and federal co-chairs appointed, by the
a majority of state members, allow the commission to
Secretary of Commerce, similarly to those created under
render decisions regarding structure and administration.
(now defunct) Title V of the Public Works and
Economic Development Act of 1965 (P.L. 89-136); or
One such decision would be the selection of a state co-chair
who, alongside the federal co-chair, would form the
ï‚· Develop a coordinating entity within the Department of
commission leadership. According to statute, the state co-
Commerce to administer the establishment,
chair “shall be a Governor of a participating State in the
development, and cooperation of existing and future
region and shall be elected by the State members for a term
federal regional commissions.
of not less than 1 year.” The statute also limits the state co-
chair to no more than two consecutive terms.
Additional Reading
For additional related information see CRS Report R45997,
Organizational Development and Grant Making
Federal Regional Commissions and Authorities: Structural
A commission, once convened, may draft and pass bylaws
Features and Function; CRS In Focus IF11396, Starting a
for the organization, which govern the roles and
Federal Regional Commission or Authority; and CRS In
responsibilities of commission members and staff, and set
Focus IF12165, Federal Regional Commissions and
processes for the day-to-day administration of the
Authorities: Administrative Expenses.
organization. These bylaws may be revised or amended by
the commission as needed, as they reinforce statutory
Julie M. Lawhorn, Analyst in Economic Development
guidance and regulate the activities of the organization that
Policy
are not detailed in statute. For example, the bylaws may
describe the role of an executive director and the categories
IF11744
of professional staff, including the terms of their
appointment and hiring, their compensation schedules, and
https://crsreports.congress.gov

---

Forming a Funded Federal Regional Commission


Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.

https://crsreports.congress.gov | IF11744 · VERSION 6 · UPDATED

---