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Note:  This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication.  The official version of this document is the document that is published in the Federal Register.

Part C of the Act. As clarified in section 642(2) of the

Act, EIS providers often serve a comparable role under Part C of the Act that LEAs serve under Part B of the Act. The definition of an EIS program, in contrast, is an entity designated by the lead agency to be responsible for performance reporting to the Secretary and the public under

§§303.700 through 303.702 (see the definition of EIS

program in §303.11). Although we expect, in most cases,

that the lead agency will designate its EIS programs on a geographic basis (e.g., counties, parishes, and health or school districts), it is not always feasible to do so.

Therefore, it is the Department’s position that it is not

necessary to require States to make EIS program designations by geographic areas. States currently administer their Part C programs through a variety of administrative structures. For example, multiple EIS providers may provide services in one or more overlapping geographic areas. Therefore, States cannot be expected to revise their existing administrative structures for the sole purpose of reporting performance data by geographic areas within a State.

Changes: None.

Comment: Section 303.702(b)(1)(i)(A) requires that the lead agency report annually to the public on the