[Federal Register Volume 60, Number 186 (Tuesday, September 26, 1995)]
[Rules and Regulations]
[Pages 49670-49703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23522]
[[Page 49669]]
_______________________________________________________________________
Part II
Department of Commerce
_______________________________________________________________________
Economic Development Administration
_______________________________________________________________________
13 CFR Chapter III
Simplification and Streamlining of Regulations of the Economic
Development Administration; Final Rules
Federal Register / Vol. 60, No. 186 / Tuesday, September 26, 1995 /
Rules and Regulations
[[Page 49670]]
DEPARTMENT OF COMMERCE
Economic Development Administration
13 CFR Chapter III
[Docket No. 950525142-5142-01]
RIN 0610-AA47
Simplification and Streamlining of Regulations of the Economic
Development Administration
AGENCY: Economic Development Administration (EDA), Commerce.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The purpose of this interim-final rule is to revise all of the
regulations of the Economic Development Administration (EDA) so that
they are easy to read and use, and accurately reflect program
requirements, evaluation criteria and selection processes in
implementing programs under the Public Works and Economic Development
Act of 1965, as amended, (PWEDA or the Act) the Trade Act of 1974, as
amended (the Trade Act) and other statutes to be noted herein. This
streamlining effort includes the removal of numerous unnecessary,
redundant and outdated parts, sections and portions thereof.
DATES: This rule is effective on October 1, 1995. Submit comments by
November 27, 1995.
ADDRESSES: Send comments to Awilda R. Marquez, Chief Counsel, Economic
Development Administration, U.S. Department of Commerce, Herbert C.
Hoover Building, 14th Street between Pennsylvania and Constitution
Avenues, NW, Room 7001A, Washington, DC. 20230.
FOR FURTHER INFORMATION CONTACT: Awilda R. Marquez, 202-482-4687, fax
number: 202-482-5671.
SUPPLEMENTARY INFORMATION:
Background
In March 1995, President Clinton issued a directive to
Federal agencies regarding their responsibilities under his Regulatory
Reform Initiative. This initiative is part of the National Performance
Review and calls for immediate, comprehensive regulatory reform. The
President directed all agencies to undertake an exhaustive review of
all their regulations--with an emphasis on eliminating or modifying
those that are obsolete or otherwise in need of reform. This final rule
represents one of the first steps in EDA's response to this new
directive.
EDA's regulations have been criticized by Congress,
applicants, recipients, and others as being too long, burdensome,
complex and difficult to understand. This interim final rule addresses
these problems as described in the Changes section.
Public comments were solicited and received during three
representative regional meetings of applicants and recipients of EDA
financial assistance held in Philadelphia, Pennsylvania, in February
1995, in Chicago, Illinois, in March 1995, and in Monterey, California,
in April 1995. Comments from these groups were about the complexity and
length of time and repetitive nature of grant processing. These
streamlined regulations address these concerns because they are less
complex and set forth program descriptions, evaluation criteria and
processing procedures in an easy to read and straightforward manner.
All employees of EDA were invited to participate in this
process, and many did.
Description of Major Changes
This interim-final rule removes, streamlines, and redesignates
parts, sections and portions thereof. Significant changes are described
below.
Removals
Certain removals are made because the programs to which
these regulations apply are no longer in existence, such as Part 313--
Job Opportunities Program; Part 314--Property Management--Subpart C--
Excess Property; Part 316--Local Public Works Capital Development and
Investment Program; and Part 317--Round II of the Local Public Works
Capital Development and Investment Program.
Other removals are made because policy rules not required
by PWEDA have become unnecessarily constraining or outdated, such as
Part 305--Public Works and Development Facilities Program in Subpart
C--Specific types of projects: Sec. 305.43(a) (2), (3), (4) and (b)
(2), (3), (5) Industrial parks and sites, Sec. 305.44 Tourism and
recreation, Sec. 305.45 Skill training center facilities; and in
Subpart D--Limitations: Sec. 305.54 Employment of local labor and
Sec. 305.59 Energy conservation and other requirements.
Removals were also made because provisions repeated
requirements in PWEDA, Pub. L. 89-136; 42 U.S.C. 3121 et seq., the
Trade Act, Pub. L. 93-618, 19 U.S.C. 2101 et seq., or other statutes,
or regulations, GAO opinions, Executive Orders or OMB Circulars which
apply to EDA's programs. In these instances, of course, the statutory
and other legal requirements are still in effect. Unless otherwise
stated, PWEDA is the basic underlying statutory authority incorporated
into and relied upon in 13 CFR Chapter III.
Streamlining
In Part 304, streamlined selection processing procedures
and uniform general evaluation criteria for EDA projects funded under
PWEDA are set forth.
This part condenses and clarifies policies and criteria previously
published in annual funding notices which are being codified in this
interim-final rule.
Section 316.3 on excess capacity has been changed to
describe three categories under section 702 of PWEDA (702 studies/
reports) determinations: studies, reports or exemptions. The exemptions
have been expanded. Market studies from applicants are to be submitted
to EDA early in application processing to be used if possible as the
basis for 702 studies or reports. This will save time in making the 702
studies/reports.
The nonrelocation prohibition in Sec. 316.4 will only
apply before a grant is awarded, and categorical exclusions from the
nonrelocation requirements have been expanded. This removes a post-
approval burden on recipients.
In Sec. 316.5 on electric and gas energy, requirements
have been combined to the extent that exceptions to the statutory
prohibition are identical, and additional exceptions have been added
for electrical energy.
In part 305, sections describing particular types of
projects are removed and in their place are generalized programmatic
requirements which are applicable to all Title I projects. The project
specific requirements were policy driven and overly burdensome. The new
requirements are easier to understand and to apply.
Part 307 on Technical Assistance, Research and Planning
has been changed to reflect program requirements, evaluation criteria
and selection procedures for the five programs implemented by EDA under
Title III of the Act: Local Technical Assistance, University Center
Technical Assistance, National Technical Assistance, Research and
Evaluation, State and Urban Planning and District Planning, to replace
confusing and often burdensome regulations.
Part 308 on Requirements for Grants under the Title IX
Economic Adjustment Program has been modified to incorporate program
requirements and procedures described in EDA's annual Notice of Funding
Availability
[[Page 49671]]
and now more accurately describes the types of projects typically
funded under the broad authority of Title IX. For Presidentially-
declared disasters, area eligibility criteria findings would be waived.
Part 314 on Property Management Standards has been changed
as follows:
To specify the nature of a grantee's trustee interest in
project property and EDA's retained reversionary interest.
To cover personal property, including revolving loan
funds, as well as real property.
To cover the form and evidence of title required for real
property under a project.
To clarify the determination of the Federal share of
property for which the Federal Government is to be compensated in case
of misuse or disposition of project property during a project's
estimated useful life.
To clarify and simplify the procedure for allowing
encumbrances of project property.
To specify that EDA may approve a substitution of the
grantee under a grant award.
To remove unnecessary provisions and ambiguities in the
current regulations.
Part 315 on Certification and Adjustment Assistance for
Firms has been substantially modified to reflect that this program has
been scaled back since communities are no longer funded and loans are
no longer made. Trade Adjustment Assistance Centers (TAACs) are
described, including the role they play in the certification and
adjustment assistance process.
Part 317--Sections providing for the enforcement of Title
VI have been modified to remove the mandatory submission of the
Affirmative Action Plan, thereby reducing the paperwork burden on the
applicant. The modification does not remove the authority to enforce
Title VI.
Table of Changes
The following distribution table lists all the changes to the
regulations, including those discussed above.
In the left column, the table lists the old sections in 13
CFR Chapter III.
In the middle column, the table lists new parts or
sections that track the number and/or provisions of the regulations in
the left column.
In the right column, the table explains the changes from
the old section in the left column to the new section in the middle
column.
----------------------------------------------------------------------------------------------------------------
Old section New section Description of change
----------------------------------------------------------------------------------------------------------------
Part 301--Establishment and Part 300--General Information Renamed and redesignated.
Organization.
Subpart A--Introduction....... ............................. Removed as unnecessary.
Sec. 301.1................... Sec. 300.1.................. The new rule adds statement that unless otherwise
so stated, all parts describe requirements which
are based upon and subject to PWEDA.
Sec. 301.2................... Sec. 300.2.................. The new rule contains definitions of terms, used
throughout the rule, unless otherwise provided.
Subpart B--Description of ............................. Removed as unnecessary since repeated elsewhere
Program Areas. in the rule.
Subpart C--Description of ............................. Removed as unnecessary.
Organization.
Sec. 301.30, Sec. 301.31.... Sec. 300.4.................. The new rule refers to EDA's annual FY NOFA for
addresses and phone numbers of EDA's Washington,
D.C., Regional and EDR offices.
Secs. 301.34-301.36.......... ............................. Removed as unnecessary.
Subpart D--Disclosure of ............................. Removed as unnecessary.
Information to the Public.
Sec. 301.50.................. Sec. 316.8.................. The new rule redesignates this section.
Subpart E--Information ............................. Removed as unnecessary.
Collection Requirements Under
the Paperwork Reduction Act:
OMB Control Numbers.
Sec. 301.70.................. Sec. 300.3.................. The new rule redesignates this section and
updates for accuracy.
Part 302--Designation of Areas Part 301--Designation of Redesignated.
Areas.
Subpart A--Standards for Subpart A--Standards for Redesignated.
Designation of Redevelopment Designation of Redevelopment
Areas Under Section 401(a) of Areas Under Section 401(a)
the Act. of the Act.
Secs. 302.1-302.3............ Secs. 301.1-301.3........... The new rule redesignates this section ad refers
to PWEDA for area designations on the basis of
unemployment, loss of population, and median
family income.
Secs. 302.4-302.5............ Secs. 301.4-301.5........... The new rule redesignates this section. Refers on
EDA, not Assistant Secretary for area
designations on the basis of American Indian
lands and sudden rise in unemployment.
Sec. 302.6................... ............................. Removed since no longer in effect.
Sec. 302.7................... Sec. 301.6.................. The new rule redesignates this section and refers
to EDA, not Assistant Secretary.
Sec. 302.8................... Sec. 301.7.................. The new rule redesignates this section and refers
to EDA, not Assistant Secretary.
Sec. 302.9................... Sec. 301.8.................. The new rule redesignates, updates and removes
unnecessary references.
Sec. 302.10.................. Sec. 301.9.................. The new rule redesignates this section.
Sec. 302.11.................. Sec. 301.10................. The new rule redesignates this section and refers
to EDA, not Assistant Secretary.
Sec. 302.12.................. Sec. 301.11................. The new rule redesignates this section which no
longer repeats statutory language.
[[Page 49672]]
Sec. 302.13.................. Sec. 301.12................. The new rule redesignates this section and refers
to EDA, not Assistant Secretary. No longer cites
to old Sec. 302.6.
Subpart B--Limitations on Subpart B--Limitations on Redesignated.
Designation of Areas. Designation of Areas.
Sec. 302.20.................. Sec. 301.13................. The new rule redesignates this section. Refers to
EDA, not Assistant Secretary.
Sec. 302.21.................. Sec. 301.14................. The new rule redesignates this section. Refers to
EDA, not Assistant Secretary.
Subpart C--Annual Review, Subpart C--Modification of Redesignated and renamed.
Modification, and Termination Designated Areas.
of Designated Areas.
Sec. 302.40.................. Sec. 301.15................. The new rule redesignates and streamlines this
section. Refers to EDA, not Assistant Secretary.
Sec. 302.41.................. ............................. Removed as no longer in effect.
Subpart D--Notice............. Subpart D--Notice............ Redesignated.
Sec. 302.50.................. Sec. 301.16................. The new rule redesignates and streamlines this
section.
Sec. 302.51.................. ............................. Removed as repetitive.
Subpart E--Information........ ............................. Removed as unnecessary.
Part 303--Economic Development Part 302--Economic Redesignated.
Districts. Development Districts.
Subpart A--Standards for Subpart A--Standards for Redesignated.
Designation, Modification and Designation, Modification
Termination of Economic and Termination of Economic
Development Districts. Development Districts.
Sec. Sec. 303.1-303.3....... Sec. Sec. 302.1-302.3...... The new rule redesignates and streamlines these
sections and makes them easier to read. Refers
to EDA, not Assistant Secretary.
Sec. 303.4-1................. Sec. 302.4.................. The new rule redesignates this section and
deletes references to waiver and to Civil Rights
Guidelines.
Sec. 303.4-2................. ............................. Removed because it is no longer necessary as a
matter of policy.
Sec. 303.4-3................. Sec. 302.5.................. The new rule redesignates this section and
deletes references to EDA components, certain
civil rights requirements and outdated
requirements.
Sec. 303.5................... Sec. 302.6.................. The new rule redesignates this section and no
longer repeats statutory language.
Sec. 303.6................... Sec. 302.7.................. The new rule redesignates this section. Refers to
EDA, not Assistant Secretary.
Sec. 303.7................... Sec. 302.8.................. The new rule redesignates and streamlines this
section. Refers to EDA, not Assistant Secretary
and deletes unnecessary references.
Sec. 303.8................... Sec. 302.9.................. The new rule redesignates this section and
removes references to other parts of the
regulations as unnecessary.
Subpart B--Standards for Subpart B--Standards for Redesignated.
Designation Modification, and Designation, Modification,
Termination of Economic and Termination of Economic
Development Centers. Development Centers.
Sec. Sec. 303.10-303.14..... Sec. Sec. 302.10-302.14.... The new rule redesignates these sections. Refer
to EDA, not Assistant Secretary.
Subpart C--Financial and Other Subpart C--Financial and Redesignated.
Assistance to Economic Other Assistance to Economic
Development Centers and Development Centers and
Districts. Districts.
Secs. 303.20-303.25.......... Secs. 302.15-302.19......... The new rule redesignates these sections. Refer
to EDA, not Assistant Secretary and cite to new
redesignated regulations.
Part 304--Overall Economic Part 303--Overall Economic Redesignated.
Development Program. Development Program.
Sec. 304.1................... Sec. 301.1.................. The new rule redesignates and streamlines this
section to remove cites to other regulations as
unnecessary.
Sec. 304.2................... Sec. 303.2.................. The new rule redesignates this section. It has
been shortened and made easier to read.
Sec. 304.3................... Sec. 303.3.................. The new rule redesignates and shortens this
section. References to Civil Rights Guidelines
have been removed.
Sec. 304.4................... Sec. 303.4.................. The new rule redesignates this section and makes
it easer to read and use.
Secs. 304.5-304.6............ Sec. 303.5.................. The new rule redesignates this section. It
combines two sections and removes unnecessary
requirements.
Secs. 304.7 and 304.9........ Sec. 303.6.................. The new rule redesignates this section. It
combines two sections into a streamlined and
easier to read section.
Sec. 304.8................... ............................. Removed.
Part 304--General Selection The new rule adds part 304 which sets forth
Process and Evaluation uniform selection procedures and general
Criteria. evaluation criteria for projects funded under
PWEDA.
Part 305--Public Works and Part 305--Public Works and The new rule streamlines and clarifies this part.
Development Facilities Development Facilities
Program. Program.
[[Page 49673]]
Subpart A--Direct and Subpart A--General........... Renamed.
Supplementary Grants for
Public Works and Development
Facilities.
Sec. 305.1................... Sec. 305.1.................. The new rule expands the purpose section to
include the scope of public works projects in
creating and retaining private sector jobs to
alleviate unemployment and underemployment.
Sec. 305.2................... Sec. 305.2.................. The new rule is updated to include the Republic
and Palau as an eligible applicant and states
that private or public non-profts must represent
a redevelopment area or part thereof and the
project must be located within an eligible EDA
area represented by such non-profit.
Sec. 305.3.................. The new rule describes eligibility requirements.
Secs. 305.3-305.4............ Secs. 305.4 and 305.6....... The new rule separates out statutory requirements
for regular public works and for public works
impact program projects and places them in Sec.
305.4 as project requirements. New Sec. 305.6
contains evaluation criteria previously found in
annual fiscal year NOFAs and has been modified
to encompass all types of projects under this
program.
Sec. 305.5.................. The new rule sets forth the selection process.
Subpart B--Supplementary and The new rule adds this subpart.
Overrun Grants.
Sec. 305.5................... Sec. 305.8.................. The new rule redesignates and streamlines this
section to delete unnecessary narrative.
Sec. 305.6................... Sec. 305.9.................. The new rule redesignates this section. Refers to
EDA, not Assistant Secretary.
Sec. 305.7................... ............................. Removed since program is no longer in effect.
Sec. 305.7.................. The new rule adds this section on award
requirements which have appeared in EDA's NOFA
which indicates the length of time for a grant
award under this program and matching local
share requirements.
Sec. 305.8................... Sec. 305.10................. The new rule redesignates this section. Refers to
EDA, not Assistant Secretary.
Subpart B--Public Works ............................. Removed since program is no longer in effect.
Development Facilities Loans.
Subpart C--Specific Types of ............................. Removed since contained burdensome policy
Projects. requirements.
Subpart D--Limitations........ ............................. Removed because some sections repeated
requirements found elsewhere and others were
based on restrictive policies.
Subpart E--Project Costs...... ............................. Removed because requirements were unnecessary and
repetitive.
Subpart F--Disbursement of ............................. Removed as unnecessary.
Funds for Grant and Loan
Projects.
Secs. 305.81-305.85.......... ............................. Removed since program no longer is in effect.
Secs. 305.86-305.87.......... Sec. 305.11................. The new rule combines portions of these sections
to provide greater flexibility and to update
terminology for financial assistance award and
references to EDA, not Assistant Secretary.
Sec. 305.88.................. ............................. Removed as unnecessary.
Sec. 305.89.................. Sec. 305.12................. The new rule redesignates this section.
Subpart G--Servicing of Grant ............................. Removed as unnecessary.
and Loan Projects.
Secs. 305.91-305.95.......... ............................. Removed as unnecessarily repetitive.
Sec. 305.96.................. Sec. 305.15................. The new rule redesignates and retitles this
section as ``Contract and Subcontract Clauses.''
The new rule refers to the Common Rule at 15 CFR
Part 24 and OMB Circular A-110 for required
clauses.
Sec. 305.97.................. ............................. Removed and merged into new Sec. 314.7.
Sec. 305.98.................. Secs. 305.13-305.14......... The new rule reformulates portions of the old
rule and states that any changes made without
prior approval by EDA are made at grantee's own
risk of suspension or termination of the project
(Sec. 315.13); and a section on final
inspection has been set out (Sec. 305.14).
Sec. 305.99.................. ............................. Removed as unnecessarily repetitive.
Sec. 305.100................. ............................. Removed and merged into new Sec. 316.7.
Part 306--Business Development ............................. Removed since program is no longer in existence.
Program.
Subpart A--Financial ............................. Removed.
Assistance & Commercial
Purposes.
Subpart B--Project Closing and ............................. Removed.
Servicing.
Secs. 306.31-306.33.......... Sec. 316.7.................. The new rule redesignates, combines and renames
these sections as ``Project Servicing'' to
assure retention of EDA's monitoring and
servicing of business development loans and
guarantees. Refers to EDA, not Assistant
Secretary.
[[Page 49674]]
Part 307--Technical Part 307--Local Technical Renamed.
Assistance, Research, and Assistance, University
Information. Center Technical Assistance,
National Technical
Assistance, Research and
Evaluation and Planning.
Subpart A--Technical Subpart A--Local Technical Renamed.
Assistance. Assistance; Subpart B--
University Center Program;
Subpart C--National
Technical Assistance.
Secs. 307.1-307.2............ Secs. 307.1, 307.6 and The new rule is divided into 3 subparts for
307.11. technical assistance (TA) with the purpose and
scope of the local TA program stated in Sec.
307.1; the purpose and scope of the university
center program stated in Sec. 307.6 and the
purpose and scope of the national TA program
stated in Sec. 307.11.
Secs. 307.3, 307.4 and 307.6. Secs. 307.4, 307.9 and The new rule has a separate evaluation criteria
307.14. section for each of the three kinds of TA
projects describing factors considered in
choosing projects to be funded. Subpart A
describes local TA programs, Subpart B describes
university center programs, and Subpart C
describes national TA programs.
Sec. 307.5................... Secs. 307.2, 307.7 and The new rule in Subparts A-C described above
307.12. lists eligible applicants under each of the
three TA programs.
Secs. 307.3, 307.8 and The new rule in Subparts A-C described above
307.13. explains the selection process under each of the
three TA programs.
Secs. 307.7-307.9............ ............................. Removed because program is no longer in
existence.
Sec. 307.10.................. Secs. 307.5, 307.10 and The new rule redesignates and renames these
307.15. sections as ``Award Requirements'' and
streamlines requirements on local share,
duration, etc.
Secs. 307.11-307.17.......... ............................. Removed because repeats other authorities.
Subpart B--Planning Grants and Subpart E--Economic Redesignated and renamed.
Economic Growth Study Grants. Development Districts,
American Indian Tribes and
Redevelopment Areas,
Economic Development
Planning Grants.
Secs. 307.21-307.22.......... Sec. 307.22................. The new rule describes the purpose and scope of
planning grants for administrative expenses.
References to economic growth study grants have
been removed.
Sec. 307.23.................. ............................. Removed because program is no longer in
existence.
Sec. 307.23................. The new rule adds a definition section describing
the two categories of planning grants for
purposes of the EDA grant rate.
Sec. 307.24.................. Sec. 307.24................. The new rule describes eligible applicants as
economic development districts, redevelopment
areas or parts thereof, American Indian tribes,
organizations representing tribes, the Republics
of Palau, Marshall Islands, the Commonwealths of
Puerto Rico, and Northern Marianna Islands, the
Federated States of Micronesia, U.S. Virgin
Islands, American Samoa and Guam.
Sec. 307.25.................. Secs. 307.27-307.28......... The new rule sets forth award requirements and
limitations.
Secs. 307.26-307.27.......... ............................. Removed because repeated other authorities and
referred to program no longer in existence.
Sec. 307.25................. The new rule describes the selection process
including those having to do with an overall
economic development program (OEDP).
Sec. 307.28.................. Sec. 307.26................. The new rule sets forth EDA's evaluation criteria
using some elements in old rule.
Sec. 307.29.................. ............................. Removed as unnecessary.
Subpart C--Study, Training, Subpart D--Research and Redesignated and renamed.
and Research Program. Evaluation.
Secs. 307.41-307.42.......... Sec. 307.16................. The new rule describes the purpose and scope of
research and evaluation grants and cooperative
agreements.
Sec. 307.17................. The new rule describes eligible applicants.
Sec. 307.18................. The new rule describes the selection process.
Sec. 307.19................. The new rule describes the evaluation criteria.
Sec. 307.20................. The new rule describes research topics and
structure.
Sec. 307.21................. The new rule describes award requirements.
Secs. 307.43-307.44.......... ............................. Removed because repeated portions of the Act.
Subpart D--State and Local Subpart F--State and Urban Redesignated and renamed.
Economic Planning Grants. Economic Development
Planning Grants.
Secs. 307.50-307.51.......... Sec. 307.29................. The new rule describes the purpose and scope of
state and urban economic planning grants.
Secs. 307.53 and 307.55...... Sec. 307.32................. The new rule sets forth evaluation criteria for
these planning grants using some elements in the
old rule.
Sec. 307.52.................. Sec. 307.30................. The new rule describes eligible applicants as
governors of states, chief executive officers of
cities or designated entities and counties, and
sub-state planning and development
organizations.
[[Page 49675]]
Sec. 307.54.................. Sec. 307.31................. The new rule sets forth EDA's selection process
for this planning program, modifying the old
rule.
Sec. 307.56.................. Sec. 307.33................. The new rule describes award requirements for
planning grants including the duration of grants
and local share match requirements.
Secs. 307.57-307.59.......... ............................. Removed as unnecessary.
Part 308--Special Economic Part 308--Requirements for The new rule renames, streamlines, and clarifies
Development and Adjustment Grants Under the Title IX this part.
Assistance Grants. Economic Adjustment Program.
Subpart A--Requirements for ............................. Removed.
Adjustment Grants Under Title
IX.
Sec. 308.1................... Sec. 308.1.................. The new rule is more detailed in describing
various components of the purpose and scope of
economic adjustment programs, most of which was
in EDA's annual NOFA.
Secs. 308.2-308.3............ Sec. 308.3.................. The new rule describes eligible applicants under
the economic adjustment program.
Sec. 308.4................... Sec. 308.4.................. The new rule is revised to describe eligibility
criteria for areas wishing to receive economic
adjustment grants. The new rule is more concise
and easier to read and use.
Sec. 308.5 and Subpart B-- Sec. 308.2.................. The new rule redesignates this section and
Specific Uses of Grants to subpart and describes how funds under this
Carry out Economic Adjustment. program can be used.
Sec. 305.5.................. The new rule sets forth the selection process for
economic adjustment grants.
Sec. 308.6................... ............................. Removed as unnecessary.
Sec. 308.6.................. The new rule sets forth evaluation factors used
by EDA in selecting projects for economic
adjustment funding. Such factors have been
published in EDA's annual fiscal year NOFAs.
Subpart C--Reports............ ............................. Removed as unnecessary.
Sec. 308.7.................. The new rule sets forth award requirements for
adjustment assistance grants, including matching
share and reporting requirements.
Part 309--General Requirements Part 316--General Redesignated.
Requirements.
Sec. 309.0................... ............................. Removed as unnecessary.
Sec. 309.1................... Sec. 316.2.................. The new rule redesignates this section. The new
rule updates procedures for certification from
EPA as to waste treatment, since many states
have been delegated authority by EPA to make
such certifications. EDA can in those instances
rely on such state certifications.
Sec. 309.2................... Sec. 316.3.................. The new rule redesignates this section and
renames it as ``Excess Capacity''. It
streamlines and clarifies to describe a more
efficient method for making Section 702 findings
under the Act and includes additional categories
of exemptions from doing reports and studies
based upon the nature of the goods and services
to be produced, the nature of the EDA
assistance, and market conditions.
Sec. 309.3................... Sec. 316.4.................. The new rule redesignates this section. It
greatly simplifies EDA's nonrelocation
requirement and applies only to firms relocating
before the EDA grant award.
Sec. 309.4................... Sec. 316.5.................. The new rule redesignates this section.
Exemptions have been added concerning electric
and gas energy.
Secs. 309.5-309.14........... ............................. Removed as unnecessarily repetitive.
Secs. 309.15, 309.18 and Sec. 316.1.................. The new rule redesignates this section and lists
315.3(c). major environmental requirements noting that the
list will be supplemented and modified as
applicable in EDA's annual fiscal year NOFAs.
Secs. 309.16-309.17.......... ............................. Removed as unnecessary.
Sec. 309.19.................. Sec. 316.9.................. The new rule redesignates this section. It does
not make any substantive changes.
Secs. 309.20................. Part 317--Civil Rights....... The new rule redesignates and streamlines this
section, clarifying EDA's civil rights
requirements.
Secs. 309.21-309.24.......... ............................. Removed since no longer in effect.
Sec. 309.25.................. Sec. 316.6.................. The new rule redesignates this section. Refers to
EDA, not Assistant Secretary.
Secs. 309.26-309.29.......... ............................. Removed as unnecessarily repetitive.
Part 310-Relocation Assistance ............................. Removed as unnecessarily repetitive.
and Land Acquisition Policies.
Part 311--Civil Rights Part 317--Civil Rights....... The new rule redesignates this part, streamlining
Requirements on EDA Assisted and clarifying EDA's civil rights requirements.
Projects and 315.5(b).
Part 312--Supplemental and Part 312--Supplemental and The new rule streamlines and clarifies this part.
Basic Assistance Under Basic Assistance Under
Section 304 of the Act. Section 304 of the Act.
Secs. 312.1-312.2............ ............................. Removed as unnecessary and outdated.
Sec. 312.3................... Secs. 312.1 and 312.4....... The new rule states the purpose and scope of
supplemental and basic assistance under Section
302 of PWEDA (Sec. 312.1) and award
requirements, including local share match (Sec.
312.4).
[[Page 49676]]
Secs. 312.4-312.5............ Secs. 312.2-312.3........... The new rules remove references to business loan
programs under Title II of the Act, since such
programs have not been appropriated funds over
the past several years, and they refer to EDA,
not the Assistant Secretary.
Sec. 312.6................... Sec. 312.5.................. The new rule redesignates this section. The new
rule on construction management deletes
references to Title II of the Act.
Sec. 312.7................... Sec. 312.6.................. The new rule redesignates this section. The new
rule on conditions for disbursements has been
updated to delete references to Title II of the
Act (see above) and to refer to EDA, not
Assistant Secretary.
Part 313--Job Opportunities ............................. Removed as no longer in effect.
Program.
Part 314--Property Management Part 314--Property Management The new rule streamlines and clarifies this part.
Standards. Standards.
Subpart A--Real Property...... ............................. Removed.
Sec. 314.1................... Sec. 314.1.................. The new rule begins the property management
standards part by setting forth the Federal
interest and applicability of this part to only
grants and cooperative agreements.
Sec. 314.2................... Sec. 314.2.................. The new rule contains definitions not found in
the current rule, and removes some that are no
longer applicable. For example, personal
property and estimated useful life are included
and defined.
Sec. 314.3................... Sec. 314.3.................. The new rule covers real and personal property
and is streamlined to read clearly in setting
forth authorized use requirements.
Sec. 314.4................... Secs. 314.4 and 314.5....... The new rule on unauthorized use of real and
personal property has been streamlined and
simplified and includes reference to EDA, not
the Assistant Secretary (Sec. 314.4); and the
rule on valuation has been expanded to a
separate section on the Federal share which
covers leasehold situations, transfer of
property and the end of EDA's interests in the
ownership, use or disposition of the property.
Sec. 314.5................... Sec. 314.6.................. The new rule redesignates this section and
renames it as ``Encumbrances''. The new rule has
been clarified and streamlined in describing
situations involving encumbrances, including
waivers.
Sec. 314.7.................. The new rule sets forth title requirements.
Sec. 314.6................... Secs. 314.8 and 314.9....... The new rule is divided into separate subparts
for real and personal property. Sec. 314.8 sets
forth requirements for recording statements for
projects involving acquisition construction or
improvement of a building; and Sec. 314.9 does
the same for the acquisition or improvement of
significant items of tangible items of personal
property.
Sec. 314.10................. The new rule sets forth specific requirements for
revolving loan funds (RLFs).
Subpart B--(Reserved)......... ............................. Removed as unnecessary.
Subpart C--Excess Property ............................. Removed as no longer in effect.
Sec. 314.50.
Part 315--Certification and Part 315--Certification and The new rule streamlines and clarifies this part
Adjustment Assistance for Adjustment Assistance for and subpart.
Firms and Communities. Firms and Communities.
Subpart A--General Provisions. Subpart A--General Provisions
Sec. 315.1................... Sec. 315.1.................. The new rule describes the updated purpose and
scope of EDA's role in the certification and
adjustment assistance for firms under Chapter 3
of Title II of the Trade Act of 1974, as
amended.
Secs. 315.2, 315.29, 315.53.. Sec. 315.2.................. The new rule's definitions section for Trade Act
certifications and adjustment assistance
cooperative agreements, has been expanded to
include significant words or phrases in this
part.
Sec. 315.3(a)................ ............................. Removed as not applicable.
Subpart B--Certification of Subpart B--Trade Adjustment Renamed.
Eligibility of Firms to Apply Assistance Centers.
for Adjustment Assistance.
Secs. 315.20-315.23(a)(b).... ............................. Removed as no longer in effect.
Sec. 315.23(c)............... Sec. 315.3.................. The new rule streamlines and clarifies
requirements concerning submission of
information which a firm seeks to designate as
confidential business information.
Sec. 315.4.................. The new rule describes eligible applicants under
EDA's Trade Act Program.
Sec. 315.5.................. The new rule describes EDA's selection process,
much of which was published in EDA's annual FY
NOFA.
Secs. 315.23 (d)-(f)-315.24, Sec. 315.10................. The new rule sets forth requirements for
315.30. processing petitions for certification,
including acceptance, withdrawal and
investigations.
Secs. 315.25-315,27, 315.31.. Sec. 315.11................. The new rule sets forth requirements for appeals
and final determinations.
Sec. 315.28.................. Sec. 315.9.................. The new rule redesignates and renames this
section as ``Certification Requirements''. It
has been streamlined and made easier to read and
understand.
[[Page 49677]]
Subpart C--Adjustment Subpart C--Certification of Renamed.
Assistance for Firms. Firms.
Secs. 315.51-315.52.......... Sec. 315.6.................. The new rule describes evaluation criteria for
TAACs, firms and organizations representing
trade-injured industries.
Sec. 315.54(d)............... Sec. 315.7.................. The new rule sets forth award requirements which
include duration of awards and matching share
requirements.
Secs. 315.54 (b)(1) and (c).. Sec. 315.8.................. The new rule describes the purpose and scope of
TAACs.
Sec. 315.32.................. Sec. 315.12................. The new rule redesignates and renames this
section as ``Termination of Certification and
Procedure.'' It is streamlined and refers to
EDA, not Deputy Assistant Secretary for
Planning.
Sec. 315.54 (a), (b)(2)...... ............................. Removed as no longer in effect.
Secs. 315.55-315.66.......... ............................. Removed as no longer in effect.
Subpart D--Study of Firms in Subpart D--Assistance to Renamed.
an Industry Which is the Industries.
Subject of an Investigation
of Injury or Threat of Injury
by the International Trade
Commission.
Sec. 315.80.................. ............................. Removed as no longer in effect.
Sec. 315.13................. The new rule describes loss of certification
benefits.
Sec. 315.81.................. Sec. 315.14................. The new rule redesignates and renames this
section as ``Assistance to Firms in Import-
impacted Industries.'' It has been updated to
refer to section 202(B) of the Trade Act and to
clearly describe industry assistance
limitations.
Subpart E--Certification of ............................. Removed as no longer in effect.
Eligibility of Communities to
Apply for Adjustment
Assistance and Subpart F--
Adjustment Assistance for
Communities.
Part 316--Local Public Works ............................. Removed as no longer in effect.
Capital Development and
Investment Program.
Sec. 316.7.................. The new rule sets forth loan and loan guarantee
servicing procedures.
Sec. 316.10................. The new rule sets forth additional requirements,
policies and procedures applicable to EDA
programs.
Part 317--Round II of the ............................. Removed as no longer in effect.
Local Public Works Capital
Development and Investment
Program.
Part 318--Community Emergency ............................. Removed as no longer in effect.
Drought Relief Program Secs.
318.1-318.23 and 318.25.
Sec. 318.24.................. ............................. Removed and merged with new Sec. 316.7.
----------------------------------------------------------------------------------------------------------------
Savings Clause
The rights, duties, and obligations of all parties pursuant to
parts, sections and portions thereof of the Code of Federal Regulations
removed by this rule shall continue in effect.
Executive Order 12866
This interim-final rule has been determined to be significant for
purposes of E.O. 12866.
Notice and Comment
This rule is not subject to the rulemaking requirements of 5 U.S.C.
553 because it relates to public property, loans, grants, benefits and
contracts, 5 U.S.C. 553(c)(2), including the provision of prior notice
and an opportunity for public comment and delayed effective date.
No other law requires that notice and opportunity for comment be
given for this rule.
However, because the Department is interested in receiving comments
from those who will benefit from the amendments, this rule is being
issued as interim final. Public comments on the interim final rule are
invited and should be sent to the address or numbers listed in the
ADDRESSES and FOR FURTHER INFORMATION CONTACT sections above.
Comments received by November 27, 1995 will be considered in
promulgating a final rule.
Regulatory Flexibility Act
Since notice and an opportunity for comment are not required to be
given for the rule under 5 U.S.C. 553 or any other law, under sections
603(a) and 604(a) of the Regulatory Flexibility Act (5 U.S.C. 601-612)
no initial or final Regulatory Flexibility Analysis is required, and
none has been prepared.
Paperwork Reduction Act
This rule contains new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501
et seq.) pending approval of the Office of Management and Budget.
E.O. 12612
This rule does not contain policies with Federalism implications
sufficient to warrant preparation of a Federalism Assessment under
Executive Order 12612.
List of Subjects
13 CFR Part 300
Reporting and recordkeeping requirements.
13 CFR Part 301
Community development.
13 CFR Part 302
Community development; Grant programs-community development; Loan
programs-business; Loan programs-community development; Technical
assistance.
[[Page 49678]]
13 CFR Part 303
Community development; Reporting and recordkeeping requirements.
13 CFR Part 304
Selection and evaluation.
13 CFR Part 305
Community development; Community facilities; Grant programs-
community development; American Indians.
13 CFR Part 307
Business and industry; Community development; Grant programs--
business; Grant programs--community development; American Indians;
Research; Technical assistance.
13 CFR Part 308
Business and industry; Community development; Community facilities;
Grant programs--business; Grant programs--community development;
American Indians; Manpower training programs; Mortgages; Relocation
assistance; Rent subsidies; Reporting and recordkeeping requirements;
Research; Technical assistance; Unemployment compensation.
13 CFR Part 312
Community development; Grant programs--community development.
13 CFR Part 314
Community development; Grant programs--community development.
13 CFR Part 315
Administrative practice and procedure; Community development; Grant
programs--business; Technical assistance; Trade adjustment assistance.
13 CFR Part 316
Community development; grant programs--community development;
Freedom of information; Uniform Relocation Act.
13 CFR Part 317
Civil rights; sex discrimination.
For the reasons set forth in the preamble, 13 CFR Chapter III is
revised to read as follows:
CHAPTER III--ECONOMIC DEVELOPMENT ADMINISTRATION, DEPARTMENT OF
COMMERCE
Part
300 General Information
301 Designation of Areas
302 Economic Development Districts
303 Overall Economic Development Program
304 General Selection Process and Evaluation Criteria
305 Public Works and Development Facilities Program
306 [Reserved]
307 Local Technical Assistance, University Center Technical
Assistance, National Technical Assistance, Research and Evaluation
and Planning
308 Requirements for Grants Under the Title IX Economic Adjustment
Program
309 [Reserved]
310 [Reserved]
311 [Reserved]
312 Supplemental and Basic Under Section 304 of the Act
313 [Reserved]
314 Property Management Standards
315 Certification and Adjustment Assistance for Firms
316 General Requirements for Financial Assistance
317 Civil Rights
318 [Reserved]
PART 300--GENERAL INFORMATION
Sec.
300.1 Purpose.
300.2 Definitions.
300.3 OMB control numbers.
300.4 Economic Development Administration--Washington, D.C.,
Regional Offices and Economic Development Representatives.
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Department of Commerce Organization Order 10-4, as amended
(40 FR 56702, as amended).
Sec. 300.1 Purpose.
The purpose of the Public Works and Economic Development Act of
1965, as amended, (PWEDA) as administered by the Economic Development
Administration (EDA), is to provide assistance in economically
distressed areas, regions and communities in order to alleviate
conditions of substantial and persistent unemployment and
underemployment and to establish stable and diversified economies
subject to PWEDA. Unless otherwise stated in this Chapter, all parts
describe requirements which are based upon and subject to PWEDA.
Sec. 300.2 Definitions.
Unless otherwise defined in other parts or sections of this
chapter, the terms listed below are defined as follows:
Act and PWEDA are used interchangeably to mean the Public Works and
Economic Development Act of 1965, as amended. (Pub. L. 89-136, 42
U.S.C. 121 et seq.)
Alaskan Native Village means:
(1) A town or village site occupied and used by natives of Alaska-
American Indians, Eskimos, and Aleuts under the Native Townsite Act of
1926;
(2) Native villages under the Alaska Native Claims Settlement Act
and any contiguous corporate boundary adjustments under the state laws
of Alaska; and
(3) Such additional lands as are authorized to be included under
the Pub. L. 92-203, sec 2, Dec. 18, 1971, 85 Stat. 688, 43 U.S.C. 1601.
Community Development Corporation means an entity as defined in the
Community Economic Development Act of 1981, 42 U.S.C. 9802; i.e.,
Community Development Corporations receiving financial assistance under
authority of the Community Assistance Block Grant Act, as amended, 42
U.S.C. 9815.
Cooperative agreement, grant, financial assistance award, financial
assistance grant, offer of grant and grant award all refer to the non-
procurement award of EDA funds to an eligible entity under PWEDA or the
Trade Act, as applicable.
District, Economic Development District or EDD means a geographic
area consisting of one or more redevelopment areas as defined under
PWEDA and designated in accordance with part 302 of this chapter.
EDA means the Economic Development Administration when a place or
agency is intended; or it means the Assistant Secretary of Commerce for
Economic Development or his/her designee when a person is intended.
Growth Center means either an Economic Development Center (EDC),
which is a geographic area located outside an EDA designated area,
containing a population of 250,000 or less and identified in an OEDP as
having growth potential and the ability to alleviate distress within
the EDD; or a Redevelopment Center, which is a geographic area located
within a designated redevelopment area identified in an OEDP as having
growth potential and the ability to alleviate distress within the EDD.
American Indian Tribe means the governing body of a tribe, non-
profit American Indian corporation (restricted to American Indians);
American Indian authority or other tribal organization or entity or
Alaskan Native Village.
Local share, matching share or local share match are used
interchangeably to mean non-Federal funds or goods and services from
recipients or third parties, and includes funds from other Federal
agencies only if there is statutory authority allowing such use.
OEDP means an Overall Economic Development Program, (or plan of
action) pertaining to an area or district.
Project means the activity or activities whose purpose fulfills EDA
program requirements and which is funded in whole or in part by EDA.
Proposed District means a geographic entity composed of one or more
[[Page 49679]]
designated redevelopment areas represented by an entity seeking
designation as an EDD.
Public Works and Development Facility means a project funded under
Title I of the Act.
Recipient, grantee, and awardee are used interchangeably to mean an
entity accepting funds from EDA under PWEDA or the Trade Act, as
applicable and includes any EDA approved successor to such recipient.
Similarly, subawardee, subgrantee and subrecipient are also used
interchangeably.
The Trade Act means Chapter 3, Title II of the Trade Act of 1974,
as amended (19 U.S.C. 2341 et seq.).
Sec. 300.3 OMB control numbers.
(a) This table displays control numbers assigned to EDA's
information collection requirements by the Office of Management and
Budget (``OMB'') pursuant to the Paperwork Reduction Act of 1980, Pub.
L. 96-511. EDA intends that this table comply with Section 3507(f) of
the Paperwork Reduction Act, requiring agencies to display a current
control number assigned by the Director of OMB for each agency
information collection requirement.
(b) Control Number Table:
------------------------------------------------------------------------
Current OMB
13 CFR part or section where identified and described control No.
------------------------------------------------------------------------
Part 305................................................ 0610-0011
0610-0092
Part 308................................................ 0610-0058
0610-0092
Part 315................................................ 0610-0091
Sec. 316.4.............................................. 0610-0082
Sec. 312.5.............................................. 0610-0011
------------------------------------------------------------------------
Sec. 300.4 Economic Development Administration--Washington, D.C.,
Regional Offices and Economic Development Representatives.
For addresses and phone numbers of the Economic Development
Administration in Washington, D.C., its Regional and Field Offices and
Economic Development Representatives, refer to EDA's annual FY NOFA.
PART 301--DESIGNATION OF AREAS
Subpart A--Standards for Designation of Redevelopment Areas Under and
Subject to Section 401(a) of the Act
Sec.
301.1 Designation on the basis of unemployment.
301.2 Designation on the basis of loss of population.
301.3 Designation on the basis of median family income.
301.4 Designation on the basis of American Indian lands.
301.5 Designation on the basis of sudden rise in unemployment.
301.6 Designation of public works impact program areas.
301.7 Designation of special impact areas.
301.8 Recognition of redevelopment areas designated under the
Community Economic Redevelopment Act of 1981, as amended.
301.9 Designation on the basis of per capita employment.
301.10 Designation on the basis of substantial unemployment and the
national average rate of unemployment.
301.11 Designation on the basis of long-term economic
deterioration.
301.12 Exception to criteria for qualification.
Subpart B--Limitations on Designation of Areas
301.13 Limitations with respect to the size and boundaries of
redevelopment areas.
301.14 Receipt of an acceptable OEDP.
Subpart C--Modification of Designated Areas
301.15 Adjustment of boundaries.
Subpart D--Notice
301.16 Notification of public officials.
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Department of Commerce Organization Order 10-4, as amended
(40 FR 56702, as amended).
Subpart A--Standards for Designation of Redevelopment Areas Under
and Subject to Section 401(a) of the Act
Sec. 301.1 Designation on the basis of unemployment.
On the basis of labor force data on unemployment supplied by the
Secretary of Labor, EDA shall designate such redevelopment areas in
accordance with section 401(a) of the Act.
Sec. 301.2 Designation on the basis of loss of population.
Such designation shall be made in accordance with section 401(a) of
the Act, 42 U.S.C. 3161.
Sec. 301.3 Designation on the basis of median family income.
Such designation shall be made in accordance with section 401(a) of
the Act.
Sec. 301.4 Designation on the basis of American Indian lands.
(a) EDA shall designate as Redevelopment Areas those American
Indian reservations, American Indian trust land areas, and restricted
American Indian-owned land areas, including Alaskan Native Villages,
which manifest the greatest degree of economic distress.
(1) American Indian reservations shall consist of land areas which
by official Federal or State action or recognition have been reserved
for the use and benefit of a specific American Indian tribe or tribes,
and shall include those lands to which the Federal or State Government
retains title and may include tribally-owned lands, lands allotted to
individual tribal members, and interspersed land belonging to non-
American Indians.
(2) American Indian trust land areas shall consist of land areas
held in trust by or under the authority of Federal or State Government
for use and occupancy by American Indians.
(3) Restricted American Indian-owned land areas shall consist of
land areas owned by American Indian tribes, but subject to restrictions
on alienation or use imposed by Federal or State Governments.
(b) EDA shall make such designations of Redevelopment Areas upon
consultation with the Secretary of Interior or an appropriate State
agency and on the basis of unemployment and income statistics and other
appropriate evidence of economic underdevelopment.
(c) EDA, upon consultation with the Secretary of Interior or an
appropriate State agency, may designate uninhabited Federal or State
American Indian reservations or trust or restricted American Indian-
owned land areas where such designation would permit assistance to
American Indian tribes, with a direct beneficial effect on the economic
well-being of American Indians.
(d) When the determination of economic distress pertains to land
areas that are not contiguous, it must be shown that there is a clear
economic connection between the noncontiguous land areas that will
contribute to a more effective economic development program for the
area.
Sec. 301.5 Designation on the basis of sudden rise in unemployment.
Such designation can be made under the Act when the following
conditions are met:
(a) Where the loss, removal, curtailment, or closing of the major
source of employment has occurred provided that:
(1) The major source of employment shall be construed as a single
firm or industry; or
(2) Job losses in more than a single firm or in more than in a
single industry may be considered in the aggregate where:
(i) There is a clear demonstrable economic connection between or
among the firms or industries; or
[[Page 49680]]
(ii) More than one firm or industry has been affected by a common
disaster.
(3) A major source of employment is when its loss, removal,
curtailment, or closing has caused or can reasonably be expected to
cause:
(i) An increase of 500 or more of unemployed persons in the area;
or
(ii) An increase of 2 percentage points or more in the area's
unemployment rate, based on the relationship of actual or expected
additional unemployed to the number of persons in the area's labor
force.
(b) Where there is an actual or threatened closing of a major
source of employment within 3 years after the date of the area's
request provided that:
(1) The rise in unemployment must be shown to be unusual or unique
for the area, the industry, and the time of year; and
(2) Such rise must have occurred or be reasonably expected to occur
during a 1-year period within the qualifying span of 3 years before to
3 years after the date of the request for designation.
(c) The area's unemployment rate can reasonably be expected to
exceed the national average by 50 percent or more, except for those
job-loss situations in which it is public knowledge that the jobs lost
were or will be of a type in such great demand that the persons laid
off were or will be readily reemployable.
(d) Areas designated under this section are allowed a reasonable
time after designation to submit an acceptable OEDP to EDA. An area
designated under this section which does not have an approved OEDP is
not eligible for financial assistance under Title I of the Act.
Sec. 301.6 Designation of public works impact program areas.
(a) EDA shall designate communities or neighborhoods defined
without regard to political or other subdivisions or boundaries as a
public works impact program (PWIP) area, when it determines one of the
following conditions have been met by the defined area in its entirety.
(1) A large concentration of low income persons. This includes:
(i) An area selected for assistance under the Community Economic
Development Act of 1981, as amended (42 U.S.C. 9815), Title VI, Chapter
8, Subchapter A of the Omnibus Budget Reconciliation Act of 1981 (Pub.
L. 97-35); or
(ii) An area in which the majority of the families are living in
poverty, as defined by the U.S. Department of Health and Human Services
guidelines, as published each year in the Federal Register.
(2) Rural areas having substantial outmigration. This includes an
area which has experienced a minimum outmigration rate of at least 25
percent during the period from the beginning to the end of the most
recent 10-year census period for which data is available.
(3) Substantial unemployment as established by an annual average
unemployment rate of 8.5 percent or more during the most recent quarter
for which such data is available.
(4) An actual or threatened abrupt rise of unemployment due to the
closing or curtailment of a major source of employment. The area must
meet the qualifications as set forth in paragraphs (a)-(d) of
Sec. 301.5. Although no boundary constraints, as set forth in
Sec. 301.13, shall apply, the area for which designation is sought must
be one for which EDA can obtain data establishing its eligibility for
designation.
(b) No PWIP area designated under this section shall be eligible to
be considered a redevelopment area for the purposes of district
designation.
Sec. 301.7 Designation of special impact areas.
EDA shall designate special impact areas where:
(a) One of the following criteria have been met:
(1) There are large concentration of low-income persons. This
includes:
(i) An area presently selected for assistance by the Department of
Health and Human Services under the Community Economic Development Act
of 1981, as amended (42 U.S.C. 9815), (Title VI, Chapter 8, Subchapter
A of the Omnibus Budget Reconciliation Act of 1981 (Pub. L. 97-35); or
(ii) An area in which a majority of the families are living in
poverty as defined by the Department of Health and Human Services
guidelines as published each year in the Federal Register.
(2) Rural Areas having substantial outmigration. This includes any
area which has experienced a minimum outmigration rate of at least 25
percent during the most recent 10-year period as established by the
Bureau of the Census.
(3) An area of substantial unemployment, meaning one which:
(i) Experienced an average unemployment rate at least 50 percent
higher than the U.S. average unemployment rate for the most recent 12-
month period for which data are available; or
(ii) Is currently experiencing an unemployment rate at least 100
percent higher than the U.S. average unemployment rate.
(4) An area which has or is threatened with an abrupt rise in
unemployment due to the closing or curtailment of a major source of
employment, and which has or can reasonably be expected to have an
unemployment rate 100 percent or more above the national average.
(b) Written requests have been submitted by State or local
governments, agencies or instrumentalities thereof, or with the
concurrence of the appropriate governmental authority of the political
subdivision of which the area is a part, by any public or private non-
profit organization or association representing the area for which
designation is sought. Requests should contain the following material:
(1) A description of the proposed boundary and facility
characteristics of the proposed special impact area including a map
showing the relation to the larger area to which it is a part. Such
description should show consistency with area wide zoning ordinances
and appropriate land use plans;
(2) A description of the socioeconomic characteristics of the
proposed special impact area;
(3) An OEDP; and
(4) Written evidence of support from members of the community at
large.
(c) No special impact area designated under this section shall be
eligible to be considered a redevelopment area for the purposes of
district designation.
Sec. 301.8 Recognition of redevelopment areas designated under the
Community Economic Redevelopment Act of 1981, as amended.
Areas selected for assistance under the Community Economic
Development Act of 1981, as amended (42 U.S.C. 9815) will be deemed
redevelopment areas within the meaning of section 401 of the Act.
Sec. 301.9 Designation on the basis of per capita employment.
EDA shall designate as redevelopment areas those areas which have
suffered a significant decline in per capita employment of more than
1.2 percentage points from the beginning to the end of the most recent
10-year census period for which data is available and has had net
outmigration during the same period, as determined by the most
currently available census data.
Sec. 301.10 Designation on the basis of substantial unemployment and
the national average rate of unemployment.
(a) EDA shall designate as a redevelopment area any area for which
the Secretary of Labor has provided labor force data showing that:
[[Page 49681]]
(1) The area has experienced a substantial average unemployment
rate over a 24-month period; and
(2) The area has experienced an average 24-month unemployment rate
for the most recent 24-month period for which data are available which
was above the national 24-month average unemployment rate for the same
period.
(b) The Secretary of Labor shall provide the unemployment data for
use by EDA in designating redevelopment areas pursuant to the criteria
of section 401(a)(8) of the Act, as implemented by paragraphs (a)(1)
and (a)(2) of this section.
(c) For the purpose of this section, substantial unemployment is
defined as an unemployment rate of 6 percent or more.
(d) EDA may determine for the purpose of this section that 24 month
unemployment data is not available so that data for the most recent 12-
month or 4-month period may be used instead.
Sec. 301.11 Designation on the basis of long-term economic
deterioration.
Such designation shall be made in accordance with section 401(a) of
the Act.
Sec. 301.12 Exception to criteria for qualification.
(a) EDA shall designate in a State which has no redevelopment area
that area which most nearly qualifies under this subpart.
(b) Designation made under paragraph (a) of this section shall be
terminated in accordance with section 402 of the Act if any other area
within the same State subsequently becomes qualified or designated
under any other section of this subpart.
(1) Designation under paragraph (a) of this section will not be
terminated under paragraph (b) of this section if the area becoming
qualified or designated becomes qualified under Sec. 301.6 or
Sec. 301.7.
(2) Termination under this subsection will become effective at the
time of the annual review.
Subpart B--Limitations on Designation of Areas
Sec. 301.13 Limitations with respect to the size and boundaries of
redevelopment areas.
(a) The size and boundaries of redevelopment areas will be
determined by EDA subject to requirements under the Act for at least
1500 in population, unless designated under Sec. 301.4 or Secs. 301.6,
301.7, 301.8, and other requirements in section 401(b) of the Act.
(b) Except for areas designated under Secs. 301.4, 301.5, 301.6,
301.7 and 301.8, no area may be designated which is smaller than a
labor area (as defined by the Secretary of Labor), a county, or a
municipality with a population of over 25,000 persons whichever EDA
deems appropriate.
(c) All parts of the area seeking designation under Sec. 301.5 must
be contiguous.
(d) Delineation of the area designated under Sec. 301.5 must be
based on a reasonable grouping of census tracts or similar geographical
units, or the area must be defined by specific boundaries incorporating
commercial or industrial sites and enterprises which can offer
employment opportunities for the work force of the area.
(e) Nothing in this section shall prevent any municipality
designated or eligible to be designated as a redevelopment area from
combining with any other community having mutual economic interests and
transportation and marketing patterns for the purpose of such
designation.
(f) Areas qualified in accordance with Sec. 301.5 may be designated
subject to the receipt of an acceptable OEDP within 6 months following
such conditional designation, or within such additional period as the
Assistant Secretary may grant for good cause.
(g) Any area, other than those areas eligible for designation
pursuant to Secs. 301.5 and 301.6, which does not submit an acceptable
OEDP within 6 months after notification of its qualification for
designation, shall not thereafter be designated prior to the next
annual review of eligibility; however, such period may be extended for
good cause.
Sec. 301.14 Receipt of an acceptable OEDP.
(a) No area shall be designated until it has an approved OEDP, as
described in section 403 of the Act, except those areas eligible for
designation under Secs. 301.5 and 301.6.
(b) Areas qualified in accordance with Sec. 301.5 may be designated
subject to the receipt of an acceptable OEDP within 6 months following
such conditional designation, or within such additional period as EDA
may grant for good cause.
(c) Any area, other than those areas eligible for designation
pursuant to Secs. 301.5 and 301.6, which does not submit an acceptable
OEDP within 6 months after notification of its qualification for
designation, shall not thereafter be designated prior to the next
annual review of eligibility; however, such period may be extended for
up to 6 months if EDA determines there is good cause.
Subpart C--Modification of Designated Areas
Sec. 301.15 Adjustment of boundaries.
(a) EDA may make minor modifications in the boundaries of
redevelopment areas designated under Subpart A of this part if:
(1) Such modification will contribute to a more effective program
for economic development within such area; and
(2) There is a request in writing which:
(i) Outlines the exact extent of the boundary adjustment;
(ii) States how the absence of the boundary adjustment would impede
the implementation of the approved OEDP;
(iii) States why a specifically proposed project cannot be located
within the existing boundaries of the designated redevelopment area; or
(iv) States other reasons why a boundary adjustment is needed.
(3) The interested State official or agency is informed and given
opportunity to submit comments on and endorse or not endorse the
request.
(b) Additional areas will be included within the redevelopment area
only if such inclusion is necessary to meet program requirements for a
project.
Subpart D--Notice
Sec. 301.16 Notification of public officials.
(a) EDA shall notify local, State, and national officials when an
area:
(1) Qualifies for designation under criteria set forth in subpart A
of this part;
(2) Is designated; and/or
(3) Has its designation modified or terminated.
(b) [Reserved]
PART 302--ECONOMIC DEVELOPMENT DISTRICTS
Subpart A--Standards for Designation, Modification and Termination of
Economic Development Districts
Sec.
302.1 Authorization of economic development districts.
302.2 Designation of economic development districts.
302.3 Designation of nonfunded districts.
302.4 District organizations.
302.5 District organization functions and responsibilities.
302.6 Coordination with state and local organizations.
302.7 Modification of district boundaries.
302.8 Termination and suspension of district designation.
302.9 Benefits.
[[Page 49682]]
Subpart B--Standards for Designation, Modification, and Termination of
Economic Development Centers
302.10 General standards for designation of economic development
centers.
302.11 Number of economic development centers per district.
302.12 Boundaries of economic development centers and boundary
modifications.
302.13 Termination and suspension of economic development centers.
302.14 Redevelopment centers.
Subpart C--Financial and Other Assistance to Economic Development
Centers and Districts
302.15 Financial assistance to economic development centers.
302.16 Economic development center project characteristics.
302.17 Grant rate for economic development center projects.
302.18 Financial assistance to redevelopment centers.
302.19 Assistance to economic development districts.
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Department of Commerce Organization Order 10-4, as amended
(40 FR 56702, as amended).
Subpart A--Standards for Designation, Modification and Termination
of Economic Development Districts
Sec. 302.1 Authorization of economic development districts.
(a) EDA may authorize, at the request of the Governor(s) of the
State or States, the delineation of proposed district boundaries as a
prerequisite to designation as an economic development district and as
a prerequisite to the provision of planning grants under part 307 of
this chapter.
(b) Authorization of delineation may be made:
(1) Where the State or States, after analyzing economic and social
relationships among the various redevelopment area counties, propose a
boundary delineation for the proposed district;
(2) Where the proposed district meets the general standards for
designation set forth in Sec. 302.2;
(3) Where a consideration of the following factors has been made:
(i) The percentage of the population living in redevelopment areas;
(ii) Per capita income in the proposed district;
(iii) The percentage of families with annual income below the
poverty threshold;
(iv) Unemployment rates and labor force participation rates of the
proposed district;
(v) Economic characteristics of growth centers; and
(vi) The proposed district's readiness to hire a professional staff
and begin work.
(4) Where the boundaries conform to an officially delineated sub-
State district or where the Governor has provided EDA with an
explanation of and support for any variation of the officially
delineated sub-State district.
Sec. 302.2 Designation of economic development districts.
EDA is authorized to designate proposed districts as economic
development districts (EDDs) with the concurrence of the States in
which the EDDs will be wholly or partially located when the proposed
district meets the following requirements:
(a) It is of sufficient size or population, and contains sufficient
resources, to foster economic development on a scale involving more
than a single redevelopment area;
(b) It contains at least one redevelopment area;
(c) It contains one or more redevelopment areas or economic
development centers identified in an approved district overall economic
development program (hereinafter OEDP) as having sufficient size and
potential to foster the economic growth activities necessary to
alleviate the distress of the redevelopment areas within the district;
(d) It has an OEDP which identifies one or more proposed growth
centers, includes adequate land use and transportation planning,
contains a specific program for district cooperation and public
investment and is approved by the State or States affected and by EDA;
(e) When at least three-fourths of the counties within the proposed
district boundaries have submitted documentation of their commitment to
support the economic development activities of the district;
(f) A district organization has been established by the proposed
district which meets the requirements of Sec. 302.4; and
(g) The proposed district organization requests such designation.
Sec. 302.3 Designation of nonfunded districts.
Designation is not limited to districts receiving EDA planning
grants. However, the continuing designation of any nonfunded EDD is
subject to the same criteria and organization requirements applicable
to funded districts.
Sec. 302.4 District organizations.
(a) The district organization is a prerequisite to initial
designation of proposed districts and EDDs and to the provision of
planning grants under part 307 of this chapter and shall be organized
in one of the following manners:
(1) As non-profit organizations incorporated under the laws of the
States in which they are located;
(2) As public organizations through intergovernmental agreements
for the joint exercise of local government powers; or
(3) As public organizations established under State enabling
legislation for the creation of multijurisdictional area wide planning
organizations.
(b) Each proposed district or EDD organization must meet EDA
requirements concerning its membership composition as set forth in
Sec. 302.4(c), its authorities and responsibilities for carrying out
economic development functions as set forth in Sec. 302.5, and the
maintenance of adequate staff support to perform its economic
development functions as set forth in Sec. 302.4(d). Such requirements
must be met by the board of directors (or other governing body of the
organization) as a whole.
(c) The proposed district or EDD organization shall demonstrate
that it meets all of the following requirements:
(1) It is broadly representative of the following interests:
(i) The principal economic interests of the proposed district or
EDD, including business, industry, finance, transportation, utilities,
the professions, labor, agriculture, Federal and State recognized
American Indian tribes and education. In meeting this requirement, the
representatives of the principal economic interests may be private
citizens, part-time elected officials, or minority representatives also
selected under paragraph (c)(1)(ii) of this section;
(ii) Minority and low-income populations whose representatives may
be private citizens, elected officials, or government employees; and
(iii) Representatives of the unemployed and underemployed who may
also be minority representatives selected under paragraph (c)(1)(ii) of
this section.
(2) There is at least a simple majority of its membership who are
elected officials and/or employees of a general purpose unit of local
government who have been appointed to represent the government.
(i) Where appointment of local government members is not otherwise
provided for by the district organization charter or by-laws, each
county and major unit of local government which joins the proposed
district or EDD shall
[[Page 49683]]
name an elected official or an employee to represent it.
(ii) Where appropriate to their nongovernmental occupations, part-
time elected officials may also represent the principal economic
interests.
(3) There is at least one-fifth of its membership who are private
citizens who are neither elected officials of a general purpose unit of
local government nor employees of such a government who have been
appointed to represent that government.
(i) The district organization shall demonstrate that persons
fulfilling this requirement represent the interests of groups listed in
paragraphs (c)(1)(i) or (iii) of this section. Minority and low-income
representatives who meet these criteria may be counted toward the
fulfillment of the private citizen requirement.
(ii) Except where these private citizens are also selected as
minority/low-income representatives under paragraph (c)(1)(ii) of this
section, these representatives shall be appointed by the governing
bodies of the counties actively participating in the district
organization or as otherwise provided in the district organizational
charter and by-laws.
(d) Staff support is provided as follows:
(1) The district organization shall be assisted by a professional
staff drawn from qualified persons in planning, economics, business
administration, engineering and related disciplines.
(2) EDA may provide planning grants to economic development
districts to employ professional staff in accordance with part 307 of
this chapter.
(e) District organizations shall provide access for persons who are
not members of the district organization to make their views known
concerning ongoing and proposed district activities of the proposed
district or EDD in accord with the following requirements:
(1) The district organization shall conduct meetings open to the
public at least once a year and shall also publish the date and agenda
of the meeting at least four weeks in advance to allow the public a
reasonable time to prepare to participate effectively in the meetings.
(2) The district organization shall adopt a system of parliamentary
procedures to assure that board members and others have access to and
an effective opportunity to participate in the affairs of the proposed
district or EDD.
(3) Information should be provided sufficiently in advance of
public decisions to give the public adequate opportunity to review and
react to proposals. District organizations should seek to relate
technical data and other material to the public so that they may
understand the impact of public programs, available options and
alternative decisions.
Sec. 302.5 District organization functions and responsibilities.
(a) District organizations must arrange to carry out two classes of
functions and responsibilities: Those which every EDD must carry out
(paragraph (b) of this section), and those which EDDs receiving grants
must carry out (paragraph (c)).
(b) Subject to the requirements of Sec. 302.4, district
organizations are responsible for seeing that the following functions
are provided for on a continuing basis:
(1) Organizational actions, including:
(i) Arranging the legal form of organization which will be used;
(ii) Arranging for the membership of the governing body to meet
Sec. 302.4 requirements;
(iii) Recruiting staff to carry out the economic development
functions;
(iv) Establishing a management system;
(v) Contracting for services to carry out district functions;
(vi) Establishing and directing activities of economic development
subcommittees; and
(vii) Submitting reports as determined by EDA to comply with civil
rights requirements under part 317 of this chapter.
(2) Actions to develop and maintain the required district OEDP, and
any subsequent supplements or revisions, including:
(i) Preparing the analytic, strategic and implementation components
of the OEDP;
(ii) Identifying growth centers, i.e., economic development centers
and redevelopment centers, and any later boundary modifications;
(iii) Adopting the OEDP by formal action of the EDD governing
board;
(iv) Submitting the OEDP, any supplements or revisions and annual
reports for reviews by appropriate governmental bodies and interested
organized groups, and attaching dissenting opinions and comments
received; and
(v) Submitting to EDA an approvable OEDP.
(3) Preparation of proposals that EDA take actions which:
(i) Establish or change the designation status of the district or
its growth centers; or
(ii) Affect economic development projects available to the EDD.
(4) Coordination and implementation of economic development
activities in the district, including:
(i) Assisting other eligible units within the district to apply for
grant assistance for economic development purposes;
(ii) Carrying out economic development related research, planning,
implementation and advisory functions as are necessary and helpful to
the coordination with other local, State, Federal, and private
organizations, and as are necessary and helpful to the development and
implementation of the OEDP;
(iii) Coordinating the development and implementation of the OEDP
with other local, State, Federal and private organizations (including
minority organizations); and
(iv) Carrying out the annual OEDP plan for implementation.
Sec. 302.6 Coordination with state and local organizations.
EDA shall cooperate with state and local organizations in
accordance with Sec. 403 of PWEDA.
Sec. 302.7 Modification of district boundaries.
EDA (with concurrence of the State or States affected, unless such
concurrence is waived by EDA) may modify the boundaries of a district
consistent with standards for authorizing new districts set forth in
Sec. 302.1, if it determines that such modification will contribute to
a more effective program for economic development.
Sec. 302.8 Termination and suspension of district designation.
EDA may, upon 30 days prior notice, terminate the designation
status of an economic development district:
(a) When the district no longer meets the standards for designation
as set forth in Sec. 302.2(a), (b), (c), (d), (f), or (g); or
Sec. 302.2(e), except that district designation status may be continued
if those counties which would maintain their commitment to support
economic development activities are determined by EDA to meet the other
standards of Sec. 302.2 and the standards of Sec. 302.1;
(b) When a district has not maintained a currently approved OEDP in
accordance with part 303 of this chapter;
(c) When a district has requested termination (with the approval of
the State or States affected, unless such approval is waived by EDA);
or
(d) Where a funded district fails to comply with terms and
conditions of an EDA planning grant agreement.
[[Page 49684]]
Sec. 302.9 Benefits.
(a) Designation of an economic development district within which
the economic development center (EDC) is located is a prerequisite to
EDA providing financial assistance to an EDC.
(b) Projects in redevelopment areas which are located within
designated economic development districts and which actively
participate in the economic development district's OEDP planning
process are eligible for 10 percent bonus grants, if the project is
consistent with a currently approved district OEDP.
Subpart B--Standards for Designation, Modification, and Termination
of Economic Development Centers
Sec. 302.10 General standards for designation of economic development
centers.
EDA may designate an economic development center if such proposed
center:
(a) Has been identified and included in an approved district OEDP;
(b) Is recommended by the State or States affected. Written
concurrence from the State must be received by EDA;
(c) Is geographically and economically so related to the economic
development district that the economic development center's economic
growth may be expected to contribute significantly to the alleviation
of distress in the redevelopment areas of the district;
(d) Does not have a population in excess of 250,000 according to
the last preceding Federal census;
(e) May reasonably be expected to accelerate or maintain existing
rates of growth in terms of population, employment, and income;
(f) Has the prospect of developing a diversified economy providing
a wide range of health, educational, recreational, and cultural
facilities; a relatively large local market; a relatively large well-
trained labor force; and other similar qualities which encourage the
continuing growth of economic activities; and
(g) Is an active participant in the district economic development
program.
Sec. 302.11 Number of economic development centers per district.
EDA will designate the single leading growth point in an EDD as the
economic development center. However, additional centers may be
designated where unusual conditions exist in the district, such as for
example:
(a) Where the district contains a relatively large number of
redevelopment area residents who do not have reasonable commuting
access to any one economic development center; and
(b) Where the district contains several smaller growth points
rather than one leading economic development center.
Sec. 302.12 Boundaries of economic development centers and boundary
modifications.
(a) An economic development center is administratively defined as a
city or grouping of contiguous incorporated places. However, where
justified, boundaries may be extended to include adjoining minor civil
divisions or corridors of growth between centers.
(b) EDA may modify either the boundaries of an economic development
center or the number of economic development centers in a district
after giving notice and opportunity for comment to the State or States
affected, if such modification will contribute to a more effective
program.
Sec. 302.13 Termination and suspension of economic development
centers.
EDA may, upon 30 days prior notice to the interested State and
local agencies, terminate the designated status of an economic
development center when:
(a) The economic development center is no longer identified or
recommended for designation in an approved district OEDP;
(b) The economic development center no longer meets the standards
for designation, Sec. 302.11;
(c) It fails to actively pursue its role as an economic development
center in a manner that makes a significant impact on the performance
of the economic development district within which it is located; or
(d) The economic development center is no longer part of a
designated economic development district.
The termination of the designation of an economic development
district and termination of the designation of an economic development
center may be done concurrently.
Sec. 302.14 Redevelopment centers.
EDA may recognize a redevelopment center which meets the criteria
for economic development centers, but which falls in a designated
redevelopment area. There is no limit on the size of the population of
a redevelopment center.
Subpart C--Financial and Other Assistance to Economic Development
Centers and Districts
Sec. 302.15 Financial assistance to economic development centers.
EDA may provide financial assistance in accordance with the
criteria contained in part 305 of this chapter for projects in economic
development centers (EDCs) when:
(a) The project will further enhance the objectives of the OEDP of
the district in which the EDC is located;
(b) The project will enhance the relationship between the EDC and
the EDD, particularly the redevelopment areas; and
(c) The project will achieve one or more of the following:
(1) Encourage economic growth;
(2) Discourage out-migration from the district; and
(3) Have a beneficial impact on the district's redevelopment areas.
Sec. 302.16 Economic development center project characteristics.
Projects in EDCs shall have one or more of the following
characteristics:
(a) High job producing capability;
(b) Remove barriers of access to jobs for the target population;
(c) Ability to trigger further project activity;
(d) Ability to trigger further economic impact; or
(e) Provision of facilities and services deemed essential to
stimulate further growth, at a level above that normally required for
simple maintenance of a substantial community.
Sec. 302.17 Grant rate for economic development center projects.
The grant rate for projects under Title I of the Act in EDCs shall
not exceed 50 percent of the project costs.
Sec. 302.18 Financial assistance to redevelopment centers.
The eligibility of redevelopment centers for EDA financial
assistance, including the 10 percent bonus as provided for in this
Sec. 302.18 is the same as for any designated redevelopment area within
the district. The grant rate for the redevelopment center shall be
determined by the rate applicable to the redevelopment area within
which it is located.
Sec. 302.19 Assistance to economic development districts.
Pursuant to Title III of the Act, EDA may provide other assistance
to the district including:
(a) Technical assistance;
(b) Planning grants under part 307 of this chapter to assist the
district
[[Page 49685]]
organization in engaging a professional staff and carrying out its
planning activities; and
(c) Research assistance.
PART 303--OVERALL ECONOMIC DEVELOPMENT PROGRAM
Sec.
303.1 Purpose and scope.
303.2 Redevelopment area--District OEDPs.
303.3 Redevelopment area OEDP committee.
303.4 Initial OEDP.
303.5 Approval process for initial OEDPs.
303.6 The continuing program.
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Department of Commerce Organization Order 10-4, as amended
(40 FR 56702, as amended).
Sec. 303.1 Purpose and scope.
(a) Approval of an OEDP is generally a prerequisite for designation
of a redevelopment area or economic development district; and
(b) A redevelopment area or economic development district, where
appropriate, is required to maintain a currently approved OEDP to
retain its previous designation for eligibility to receive EDA funds.
Sec. 303.2 Redevelopment area--District OEDP's.
Those qualified areas within existing economic development
districts may use the district's accepted OEDP in lieu of a separate
area OEDP when the following conditions have been met:
(a) The area actively participates in and supports the district
OEDP planning process.
(b) The area submits a letter or resolution to EDA signed by the
area's chief elected official, governing body, or the local OEDP
committee stating that the area will use the district OEDP.
Sec. 303.3 Redevelopment area OEDP committee.
(a) The primary purpose of this committee is to develop an ongoing
development program and to prepare the Area OEDP.
(1) OEDP committees are required only in areas not located in
districts. (District organization requirements are set forth at part
302 of this chapter and are recommended whenever practicable for other
areas.)
(b) OEDP committees shall be representative of the community so
that all viewpoints are considered in discussion and decisionmaking and
all available local skills are engaged in program formulation. To the
extent practicable, representation on these committees shall include
those from local government, business, industry, finance, agriculture,
the professions, organized labor, utilities, education, minorities, and
the unemployed or underemployed.
Sec. 303.4 Initial OEDP.
(a) The initial OEDP should contain the following information:
(1) Background on the area or district's economic development
situation, including for example a discussion of the district or
area's:
(i) Geography;
(ii) Population;
(iii) Labor force, including minority and female;
(iv) Natural and manmade resources;
(v) Economic and social activities; and
(vi) Environmental considerations.
(2) An examination of economic and community development,
opportunities and problems, including for example, identification of
current major activities of other organizations involved in economic
and community development and improvement; and
(3) A realistic action plan that will:
(i) Promote the district or area's economic progress;
(ii) Improve community facilities and services; and
(iii) Serve as a basis for a continuing planning and development
program.
(b) In addition to requirements in paragraph (a) of this section,
OEDPs for districts must contain the following:
(1) Proposed designation or recognition of at least one growth
center; and
(2) Description of the role of the proposed center in implementing
the district wide development program, particularly as it relates to
redevelopment areas.
Sec. 303.5 Approval process for initial OEDPs.
(a) The completed initial OEDP must be reviewed and commented upon
by appropriate:
(1) Governmental bodies;
(2) Interest groups; and
(3) EDA Regional Office.
(b) If the OEDP is approved, copies must be made available to
interested parties by the designated area or district.
(c) If the initial OEDP is inadequate, the EDA Regional Office will
contact the chairman of the OEDP committee by letter stating
deficiencies and allowing additional time for corrections to be made
and reviewed by EDA.
Sec. 303.6 The continuing program.
(a) After designation by EDA the area or district shall implement
the development program as updated and made known to EDA through annual
reports or revised OEDPs.
(b) No financial assistance for a designated area or district will
be awarded if it:
(1) Has not submitted a timely annual report;
(2) Has submitted a deficient annual report; or
(3) Has not corrected noted deficiencies.
(c) Revised OEDPs.
(1) A revised OEDP will be required if EDA determines that the
initial OEDP of the area or district is inadequate, or outdated.
(2) The area or district may choose to revise its initial OEDP if
the OEDP committee determines that a complete reassessment of the local
situation or a complete reassessment of the economic development
program is desirable.
(3) A revised OEDP may be submitted in lieu of the annual OEDP
progress report.
(4) Before any revised OEDP for a district is approved by EDA, it
shall be reviewed by appropriate:
(i) Governmental bodies;
(ii) Interest groups; and
(iii) EDA Regional Office.
PART 304--GENERAL SELECTION PROCESS AND EVALUATION CRITERIA
Sec.
304.1 General selection process and evaluation criteria for
programs under PWEDA.
304.2 Demonstration project assistance under Section 301(f) of
PWEDA.
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Department of Commerce Organization Order 10-4, as amended
(40 FR 56702, as amended).
Sec. 304.1 General selection process and evaluation criteria for
programs under PWEDA.
EDA has established a streamlined and uniform selection process
based upon a short proposal and standardized application form with
attachments as applicable to each particular program. Additional
information if any, is set forth in program specific parts/sections.
EDA applies uniform evaluation criteria to all programs, as well as
evaluation criteria which are set forth in parts 305, 307 and 308 of
this chapter.
(a) The selection process is described as follows:
(1) For projects to be funded under parts 305, 307 and 308 of this
chapter proponents will submit forms to EDA during the selection
process as follows:
(i) There will be a brief proposal consisting of the face sheet
(SF-424) and two additional pages, including for example, budget, scope
of work and capability statements.
[[Page 49686]]
(ii) There will be a standard application for all programs which
will include an additional attachment for each program as appropriate.
(2) For projects to be funded under part 307--Subparts A, B, E and
F and parts 305 and 308 of this chapter, requirements are as follows:
(i) Initial contact with EDA will generally be through contact with
the appropriate Economic Development Representative (EDR) (see
Sec. 300.4 of this chapter) who will provide assistance as needed in
filling out the proposal as described in paragraph (a)(1) of this
section.
(ii) Generally, an EDR will evaluate proposals under Sec. 304.1(b)
before submitting them to the EDA Regional Office for review by a
project review committee (of at least three EDA officials).
(iii) If the proposal is acceptable under Sec. 304.1(b), EDA may
invite the submission of an application.
(iv) An invitation to submit an application does not assure EDA
funding.
(v) Applications are generally to be submitted within 30 days after
receipt of an invitation letter.
(3) For projects to be funded under part 307--Subparts C and D of
this chapter, requirements are as follows:
(i) Initial contact by proponents for information and assistance
concerning proposals will generally be with Washington, DC, at
locations noted in Secs. 307.13 and 307.18 of this chapter.
(ii) Generally, proposals will be reviewed for relevance and
quality by three or more technically knowledgeable EDA officials.
(iii) If the proposal is acceptable under Sec. 304.1(b), EDA may
invite proponents to submit applications.
(iv) An invitation to submit an application does not assure EDA
funding.
(v) Applications are generally to be submitted within 30 days after
receipts of an invitation letter.
(b) General evaluation criteria for projects to be funded under
parts 305, 307 and 308 of this chapter in addition to criteria noted in
such parts, are as follows: All proposals/applications will be screened
for conformance to statutory and regulatory requirements, the relative
severity of the economic problem of the area, the quality of the scope
of work proposed to address the problem, the merits of the
activity(ies) for which funding is requested, and the ability of the
prospective applicant to carry out the proposed activity(ies)
successfully.
Sec. 304.2 Demonstration project assistance under Section 301(f) of
PWEDA.
In addition to the selection of projects under the general
selection process as set forth in Sec. 304.1 above, EDA may also select
demonstration projects, as authorized under section 301(f) of PWEDA.
Demonstration projects involve the provision of funds, through grants,
loans or otherwise, to carry out the purpose of PWEDA. There are no set
forms or procedure for project selection, and proposals may be
submitted to EDA at any time. Demonstration projects must be within
redevelopment areas.
PART 305--PUBLIC WORKS AND DEVELOPMENT FACILITIES PROGRAM
Subpart A--General
Sec.
305.1 Purpose and scope.
305.2 Applicants.
305.3 Eligibility requirements.
305.4 Project requirements.
305.5 Selection process.
305.6 Evaluation criteria.
305.7 Award requirements.
Subpart B--Supplementary and Overrun Grants
305.8 Supplementary grants.
305.9 10 percent bonus supplemental grants.
305.10 Grants for construction cost increases.
305.11 Disbursements of funds for grants.
305.12 Variance in cost of grant projects.
305.13 Amendments and changes.
305.14 Final inspection.
305.15 Contract and subcontract clauses.
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Department of Commerce Organization Order 10-4, as amended
(40 FR 56702, as amended).
Subpart A--General
Sec. 305.1 Purpose and scope.
The purpose of the Public Works Program is to assist communities
with the funding of public works and development facilities that
contribute to the creation or retention of primarily private sector
jobs and alleviation of unemployment and underemployment. Such
assistance is designed to help communities achieve lasting improvement
by stabilizing and diversifying local economies and by improving local
living conditions and the economic development of the area. Alleviation
of unemployment and underemployment among residents of the project area
is a primary focus of this program.
Sec. 305.2 Applicants.
Eligible applicants under this program include:
(a) States, or political subdivisions thereof;
(b) American Indian tribes;
(c) The Federated States of Micronesia, the Republic of the
Marshall Islands, the Republic of Palau, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of
the Northern Mariana Islands; and
(d) A private or public non-profit organization or association
representing any redevelopment area or part thereof, provided the EDA
project is located within an eligible EDA area represented by such non-
profit organization or association.
(e) When the applicant is not a State, American Indian tribe or
other general-purpose governmental authority, the applicant must afford
the appropriate local governmental authority of the area a minimum of
15 days in which to review and comment on the proposed project. The
applicant shall furnish with the application a copy of such comments,
or a statement of the efforts made to obtain them together with an
explanation of the actions taken to address any comments received.
Sec. 305.3 Eligibility requirements.
(a) Other than those areas designated under PWIP, applicant areas,
including Special Impact Areas (SIAs) must have a current EDA approved
Overall Economic Development Program (OEDP).
(b) Political entities claiming eligibility under OEDPs developed
by multicounty economic development organizations are expected to
continue to participate actively in the organization.
(c) Non-profit organizations or associations must meet the
following requirements:
(1) Such non-profit organizations or associations must represent a
redevelopment area or part thereof, if EDA determines that such
applicant is potentially capable of furthering the objectives of the
economic development program of the area in which it is located;
(2) To the extent possible, non-profit applicants are urged to seek
the cooperation and support of units of local government; and
(3) When deemed appropriate by EDA, have the local government as
co-applicant for EDA assistance. This ensures the financial stability
and continuity of the project in the event that the non-profit entity
finds itself in a position of not having the financial resources to
administer, operate, and maintain the EDA assisted facility in a proper
and efficient manner consistent
[[Page 49687]]
with the provisions of part 314 of this chapter.
Sec. 305.4 Project requirements.
(a) Public works projects other than PWIP projects must meet the
following requirements:
(1) Be consistent with the EDA approved OEDP for the area in which
it is or will be located, and have broad community support;
(2) Improve opportunities for the successful establishment or
expansion of industrial or commercial facilities in the area where such
project will be located;
(3) The project will not result in the increase of goods or
services beyond the demand for such goods or services existing or to be
created in the market area;
(4) The project fulfills a pressing need of the area or part
thereof, in which it is located;
(5) There is adequate local matching share; and
(6) The project benefits the long-term unemployed and members of
low-income families who are residents of the area to be served.
(b) PWIP projects must create immediate useful work for the
unemployed and underemployed residents in the project area.
Sec. 305.5 Selection process.
Projects will be selected in accordance with Sec. 304.1 of this
chapter.
Sec. 305.6 Evaluation criteria.
In addition to and/or as an elaboration of the evaluation criteria
set forth in part 304 of this chapter of this chapter and to the extent
practicable, evaluations are made on the basis of whether the proposed
project:
(a) Assists in creating or retaining private sector jobs (primarily
in the near term) and assists in the creation of additional long-term
employment opportunities (provided the jobs have not been transferred
from another commuting area of the United States) and will result in
low costs-per-job in relation to total EDA costs, evidenced for example
by:
(1) Commitments to create such jobs;
(2) Marketing; and
(3) Financial capabilities of the applicant.
(b) Is supported by significant private sector investment.
(c) Maximizes the amount of local, state or other Federal funding
that is available.
(d) Is likely to be started and completed in a timely fashion.
(e) If located in an EDC with a stable economy and little distress,
an employment plan is required that explains how new employment
opportunities for residents of nearby highly distressed redevelopment
areas will be provided.
(f) To the extent possible, factors that will be considered in the
evaluation of PWIP projects include whether the proposed project:
(1) Improves the economic or community environment in areas of
severe economic distress;
(2) Includes an acceptable plan for hiring the unemployed and
underemployed from the project area to work on construction of the
project;
(3) Assists in providing long-term employment opportunities or
other economic benefits for the unemployed and underemployed in the
project area;
(4) Primarily benefits low-income families by providing essential
community services, or satisfying a pressing public need;
(5) Involves construction which can be started (normally within 120
days after affirmation of the award), and completed quickly (normally
within one year) preferably without early construction start; or
(6) Has significant labor intensity (i.e., the proportion of labor
costs to the total project costs).
Sec. 305.7 Award requirements.
(a) Projects are expected to be completed in a timely manner
consistent with the nature of the project. Normally, the maximum period
for any financial assistance that is provided shall be not more than 5
years from the fiscal year of the award.
(b) Matching Requirements are as follows:
(1) EDA may provide direct grants not to exceed 50 percent of the
estimated cost of the project;
(2) Under certain circumstances supplementary grants to augment the
direct grant may be provided up to a maximum of 80 percent of the
eligible project costs, though waivers may be permitted in accordance
with Section 101(c) of the Act. Supplementary grant assistance to
finance over 50 percent of the project costs will be approved by EDA
only for projects in areas of high distress. Decisions on such
supplementary grant assistance will be based on the nature of the
project, the amount of fair user charges or other revenues the project
may reasonably be expected to generate, and the relative needs of the
area;
(3) Applicants are required to provide the local share from
acceptable sources;
(4) The local share need not be in hand at the time of application;
however, the applicant must assure EDA that such share is committed and
will be available at the time the award is accepted; and
(5) The local share must not be encumbered in any way that would
preclude its use consistent with the requirements of the grant.
Subpart B--Supplementary and Overrun Grants
Sec. 305.8 Supplementary grants.
(a) In the case of projects for which EDA supplements direct grants
of other Federal agencies, the total Federal funding may be up to 80
percent of the project's costs (except as allowed by paragraph (b) (1),
(2) or (3) of this section).
(b) Based upon the kind of project, the severity of distressed
factors and revenue above and beyond the amount needed to amortize the
local share, supplemental grants in excess of 50% may be awarded by EDA
in accordance with the following Table:
------------------------------------------------------------------------
Maximum
Projects grant rates
(percent)
------------------------------------------------------------------------
(1) Projects of American Indian Tribes which are concerned
with general economic development will be given special
consideration, and the Assistant Secretary may reduce or
waive the non-Federal share for such projects............. 100
(2) Projects located in redevelopment areas designated
under section 401(a)(6) of the act, applied for by States
or political subdivision thereof which have demonstrated
they have exhausted their effective taxing and borrowing
capacity.................................................. 100
(3) Projects located in redevelopment areas designated
under section 401(a)(6) of the Act applied for by
community development corporations (as defined in 13 CFR
300.2) which have demonstrated they have exhausted their
effective borrowing capacity.............................. 100
(4) Projects located in redevelopment areas designated
under section 401(a)(6) of the Act as special impact areas
and which were not designated under section 401(a)(6) as a
result of the October 12, 1976 amendment of section
401(a)(8) of the Act, but which cannot meet the
requirement of paragraph (b)(2) of this section........... 80
[[Page 49688]]
(5) Projects located in areas designated under Title IV of
the Act which have been declared disaster areas by the
President of the United States under the Disaster Relief
and Emergency Assistance Act (Pub. L. 100-707) as amended
provided:................................................. ...........
(i) Such areas retain their EDA designations, and
(ii) No more than one year has elapsed since the date
of such area's disaster area designation.............. 80
(6) Projects located in areas designated under Title IV of
the Act in which the median annual family income is $7,412
or below, or the average unemployment rate for the
preceding 24 months is 12 percent or higher............... 80
(7) Projects located in areas designated under Title IV of
the act in which the median annual family income is $7,413
to $8,261, or the average unemployment rate for the
preceding 24 months is 10 percent to 11.9 percent......... 70
(8) Projects located in areas designated under Title IV of
the Act in which the median annual family income is $8,262
to $9,110, or the average unemployment rate for the
preceding 24 months is 8 percent to 9.9 percent........... 60
(9) Projects located in areas designated under section
401(a)(6) of the Act solely on the basis of the October
12, 1976 amendment of section 401(a)(8) of the Act by Pub.
L. 94-487................................................. 50
(10) Projects in all other areas........................... 50
------------------------------------------------------------------------
(c) The applicable maximum grant eligibility rate for projects
located in EDDs pursuant to section 403(j) of the Act shall be the same
as the grant rates for the redevelopment areas for which such projects
are determined to be a direct and substantial benefit.
(d) Notwithstanding paragraph (c) of this section, an applicant
shall be eligible for the highest applicable maximum grant rate in
effect between the time EDA invites the application and the time the
project is approved.
(e) Where municipalities of over 25,000 population qualify for
designation under Title IV of the Act and part 302 of this chapter, but
are located in areas already designated thereunder, such municipalities
are eligible for the maximum grant under paragraph (b) of this section
as if they were designated independent of the existing redevelopment
area. In determining the maximum grant rate for such municipalities,
EDA will use the appropriate statistical information for the
municipality involved, provided that consideration of such information
will work to the municipality's advantage.
Sec. 305.9 Ten percent bonus supplemental grants.
(a) Subject to the limitation that the maximum Federal share for
any project may not exceed 80 percent of the aggregate project cost or
100 percent for projects listed in Sec. 305.8(b)(1)-(3), EDA may
increase the amount of grant assistance for projects within
redevelopment areas by an amount not to exceed 10 percent of the
aggregate cost of any such project if:
(1) The redevelopment area is situated within a designated economic
development district (EDD) and is actively participating in the
economic development activities of the district; and
(2) The project is consistent with a currently approved district
OEDP.
(b) Projects assisted in districts outside redevelopment areas
pursuant to section 403(j) of the Act shall not be eligible for 10
percent bonus grants under this section.
Sec. 305.10 Grants for construction cost increases.
(a) For the purposes of this section, construction cost increases
means those costs which the applicant incurs or will incur in
completing the project according to the original designs and
specifications beyond the project costs set forth in the grant
agreement.
(b) EDA may increase the amount of any grant made under the
authority of Title I of the Act when the following conditions are met:
(1) The project is being or will be constructed in accordance with
the original designs and specifications or in accord with final plans
and specifications which reflect the original intent and purpose;
(2) The project's total cost has increased because of increases in
costs based on the original designs and specifications (or based on
final plans and specifications reflecting the original intent and
purpose); and
(3) The project has incurred construction cost increases after the
grant was made but prior to completion of the project.
(c) Limitations on amount of grants are as follows:
(1) The amount of a grant made under paragraph (b) of this section
may be equal to an amount based on the percentage increase in the costs
referred to in paragraph (b)(2) of this section, as determined by EDA;
and
(2) A grant for construction cost increases may not be in an amount
which would cause the Federal share of the project's costs to exceed
the percentage originally provided for in the grant agreement.
Sec. 305.11 Disbursements of funds for grants.
(a) Though disbursements of funds for grants are generally made
upon application for reimbursement, advances of funds are allowable at
the discretion of EDA. Disbursements will be made when the following
conditions have been met:
(1) After execution of all contracts required for the completion of
the project. This condition may be waived by EDA if the grantee can
demonstrate that enforcement of the condition would place an undue
burden on it;
(2) For itemized and certified eligible costs incurred, as
substantiated by such documentary evidence as EDA may require;
(3) For the percentage of EDA participation, but in no event for
more than the total sum stated in the financial assistance award
accepted by the grantee;
(4) Upon such evidence as EDA may require that grantee's
proportionate share of funds is on deposit;
(5) After a determination by EDA that all applicable conditions of
the grant have been met; and
(6) After meeting such other requirements as EDA shall establish.
(b) Disbursements are generally made in installments, based upon
grantee's actual rate of disbursement in accordance with the grant
rate.
Sec. 305.12 Variance in cost of grant projects.
(a) If the total eligible costs are equal to or exceed the amount
stated in the financial assistance award, disbursements will be the
amount identified in the financial assistance award.
(b) If the total eligible project costs are less than the amount
stated in the financial assistance award, the disbursements will be
determined by multiplying the total eligible project costs by the grant
rate percentage.
(c) The grant rate percentage is determined by dividing the total
[[Page 49689]]
estimated project costs stated in the financial assistance award into
the amount of EDA funding provided in the grant. For example, if the
financial assistance award states that EDA will provide $50,000 for a
project estimated to cost $100,000, the grant rate is 50% ($50,000
divided by $100,000). If the actual eligible project costs were
$100,000, EDA would provide $50,000. If the actual eligible project
costs were $120,000, EDA would still provide $50,000. If the actual
eligible project costs were only $80,000, EDA would provide $40,000
(50% x $80,000).
Sec. 305.13 Amendments and changes.
(a) Requests by grantees for amendments to a grant shall be
submitted in writing to the EDA Regional Office for processing, and
shall contain such information and documentation necessary to justify
the request.
(b) All change orders are subject to EDA approval. Any changes made
without prior approval by EDA are made at grantee's own risk of
suspension or termination of the project.
(c) Changes of project scope will not be approved by EDA.
Sec. 305.14 Final inspection.
A final inspection will be scheduled by the grantee, with EDA
concurrence and/or participation, when the project has been completed
and is functional and when all deficiencies have been corrected.
Sec. 305.15 Contract and subcontract clauses.
Grantees must see that grantees' and subgrantees' contracts contain
all required clauses in accordance with 15 CFR part 24, Uniform
Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments, or OMB Circular A-110, Uniform
Administrative Requirements for Grants and Agreements with Non-profit
Organizations, whichever is applicable.
PART 306--[RESERVED]
PART 307--LOCAL TECHNICAL ASSISTANCE, UNIVERSITY CENTER TECHNICAL
ASSISTANCE, NATIONAL TECHNICAL ASSISTANCE, RESEARCH AND EVALUATION
AND PLANNING
Subpart A--Local Technical Assistance
Sec.
307.1 Purpose and scope.
307.2 Applicants.
307.3 Selection process.
307.4 Evaluation criteria.
307.5 Award requirements.
Subpart B--University Center Program
307.6 Purpose and scope.
307.7 Applicants.
307.8 Selection process.
307.9 Evaluation criteria.
307.10 Award requirements.
Subpart C--National Technical Assistance
307.11 Purpose and scope.
307.12 Applicants.
307.13 Selection process.
307.14 Evaluation criteria.
307.15 Award requirements.
Subpart D--Research and Evaluation
307.16 Purpose and scope.
307.17 Eligible applicants.
307.18 Selection process.
307.19 Evaluation criteria.
307.20 Research topics and structure.
307.21 Award requirements.
Subpart E--Economic Development Districts, American Indian Tribes and
Redevelopment Areas Economic Development Planning Grants
307.22 Purpose and scope.
307.23 Definition.
307.24 Applicants.
307.25 Selection process.
307.26 Evaluation criteria.
307.27 Award requirements.
307.28 Limitations.
Subpart F--State and Urban Economic Development Planning Grants
307.29 Purpose and scope.
307.30 Applicants.
307.31 Selection process.
307.32 Evaluation criteria.
307.33 Award requirements.
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Department of Commerce Organization Order 10-4, as amended
(40 FR 56702, as amended).
Subpart A--Local Technical Assistance
Sec. 307.1 Purpose and scope.
Funds are awarded to eligible applicants to support the initiation
and implementation of area, state, and regional development efforts
designed to alleviate economic distress. This program is designed to
help economically distressed areas to address local economic
development problems through specific project efforts.
Sec. 307.2 Applicants.
Eligible applicants for Local Technical Assistance grants or
cooperative agreements include:
(a) Public or private non-profit organizations;
(1) National, state, area, district, or local organizations; and/or
(2) Accredited educational institutions or non profit entities
representing them.
(b) Public sector organizations;
(1) American Indian tribes;
(2) Local governments; and
(3) State agencies.
(c) Other applicants such as private individuals, partnerships,
firms, and corporations may be considered if the general public will
benefit from the project. Technical assistance grant funds may not be
used to start or expand a private business.
Sec. 307.3 Selection process.
Projects will be selected in accordance with Sec. 304.1 of this
chapter.
Sec. 307.4 Evaluation criteria.
In addition to and/or as an elaboration of evaluation criteria set
forth in part 304 of this chapter and to the extent practicable,
evaluation criteria should include whether the project:
(a) Strengthens the capability of state and local organizations and
institutions, including non-profit development groups, to undertake and
promote effective economic development programs targeted to people and
areas of distress;
(b) Benefits distressed areas;
(c) Diversifies distressed economies;
(d) Demonstrates innovative approaches to stimulating economic
development in depressed areas;
(e) Is consistent with the EDA approved Overall Economic
Development Program (OEDP) for the area in which the project is
located; and
(f) Presents a reasonable, itemized budget.
Sec. 307.5 Award requirements.
(a) Assistance will be for the period of time required to complete
the scope of the work. This typically does not exceed twelve months.
(b) EDA will provide grants and cooperative agreements not to
exceed 75 percent of the proposed project costs. Applicants are
expected to provide the remaining share. EDA may waive all or part of
the 25 percent share of technical assistance grants if it determines
that the nonfederal share is not reasonably available because of the
critical nature of the situation requiring technical assistance, or for
other good causes.
(c) Quarterly financial reports, semi-annual progress reports and
project products will be specified in the Special Award Conditions of
the grant.
Subpart B--University Center Program
Sec. 307.6 Purpose and scope.
Funds under the University Center Technical Assistance Program help
institutions of higher education in using their own and other resources
to address the economic development problems and opportunities of their
service area. The University Center Technical Assistance Program is
designed to help
[[Page 49690]]
in improving the economies of distressed areas.
Sec. 307.7 Applicants.
Eligible applicants for University Center Technical Assistance
grants or cooperative agreements include public and private accredited
educational institutions and non-profit entities representing them. In
certain circumstances, other applicants proposing projects that benefit
the University Center Technical Assistance Program may be considered.
Sec. 307.8 Selection process.
(a) Projects will be selected in accordance with Sec. 304.1 of this
chapter.
(b) The concurrence of EDA in Washington, DC, is required for the
selection of all new University Centers.
Sec. 307.9 Evaluation criteria.
In addition to and/or as an elaboration of evaluation criteria set
forth in part 304 of this chapter and to the extent practicable,
evaluation criteria include whether the project:
(a) Has the commitment of the highest management levels of the
sponsoring institution;
(b) Provides evidence of adequate nonfederal financial support,
either from the sponsoring institution or other sources;
(c) Outlines activities consistent with the expertise of the
proposed staff, the academic programs, and other resources available
within the sponsoring institution;
(d) Presents a reasonable budget;
(e) Documents past experience of the sponsoring institution in
operating technical assistance programs; and
(f) Adds to the geographic distribution of University Centers
across the country.
Sec. 307.10 Award requirements.
(a) Assistance will be for the period of time required to complete
the scope of the work. This typically does not exceed twelve months.
(b) EDA will provide grants and cooperative agreements not to
exceed 75 percent of the proposed project costs. Applicants are
expected to provide the remaining share. EDA may waive all or part of
the 25 percent share of technical assistance grants if it determines
that the nonfederal share is not reasonably available because of the
critical nature of the situation requiring technical assistance or for
other good cause.
(c) Indirect costs are limited to 20 percent of the Federal and
nonfederal shares. EDA encourages applicants to absorb all indirect
costs for this program.
(d) Quarterly financial reports, semi-annual progress reports and
project products will be specified in the Special Award Conditions of
the grant.
Subpart C--National Technical Assistance
Sec. 307.11 Purpose and scope.
Funds under the National Technical Assistance Program are awarded
to assure the successful initiation and implementation of development
efforts designed to alleviate economic distress. This program is
designed to help alleviate or prevent conditions of excessive
unemployment or underemployment and problems of economically distressed
areas.
Sec. 307.12 Applicants.
Eligible applicants for National Technical Assistance grants or
cooperative agreements include:
(a) Public or private non-profit organizations, including:
(1) Non-profit national, state, area, district, or local
organizations; and
(2) Accredited educational institutions or non-profit entities
representing them;
(b) Public sector organizations and Native American organizations,
including:
(1) American Indian tribes;
(2) Local governments; and
(3) State agencies.
(c) Other applicants such as private individuals, partnerships,
firms, and corporations may be considered if the general public will
benefit from the project. Technical assistance grant funds may not be
used to start or expand a private business.
Sec. 307.13 Selection process.
(a) Projects will be selected in accordance with Sec. 304.1 of this
chapter.
(b) EDA may, during the course of the year, identify specific
economic development technical assistance activities it wishes to have
conducted. Organizations and individuals interested in being invited to
respond to Solicitations of Applications (SOAs) to conduct such work
should submit information on their capabilities and experience to the
Director, Technical Assistance and Research Division, Economic
Development Administration. See part 300 of this chapter.
Sec. 307.14 Evaluation criteria.
In addition to and/or as an elaboration of the evaluation criteria
described in part 304 of this chapter and to the extent practicable,
evaluation criteria include whether the project:
(a) Does not depend upon further EDA or other Federal funding
assistance to achieve results;
(b) Strengthens the capability of state and local organizations and
institutions, including non-profit development groups, to undertake and
promote effective economic development programs targeted to people and
areas of distress;
(c) Benefits severely distressed areas including both rural and
urban counties and communities;
(d) Diversifies distressed economies;
(e) Demonstrates innovative approaches to stimulating economic
development in depressed areas; and
Sec. 307.15 Award requirements.
(a) Assistance will be for the period of time required to complete
the scope of the work. This typically does not exceed twelve months.
(b) EDA will provide grants and cooperative agreements not to
exceed 75 percent of the proposed project costs. Applicants are
expected to provide the remaining share. EDA may waive all or part of
the 25 percent share of technical assistance grants if it determines
that the nonfederal share is not reasonably available because of the
critical nature of the situation requiring technical assistance or for
other good cause.
(c) Quarterly financial reports, semi-annual progress reports and
project products will be specified in the Special Award Conditions of
the grant.
Subpart D--Research and Evaluation
Sec. 307.16 Purpose and scope.
The purposes of research and evaluation of projects are as follows:
(a) To determine the causes of unemployment, underemployment,
underdevelopment, and chronic depression in various areas and regions
of the Nation;
(b) To assist in the formulation and implementation of national,
state, and local programs that will raise employment and income levels
and otherwise produce solutions to problems resulting from the above
conditions; and
(c) To evaluate the effectiveness of programs, projects, and
techniques used to alleviate economic distress and promote economic
development.
Sec. 307.17 Eligible applicants.
Eligible applicants for Research and Evaluation grants or
cooperative agreements include:
(a) Private individuals;
(b) Partnerships;
(c) Corporations;
(d) Associations;
(e) Colleges and universities; and
(f) Other suitable organizations with expertise relevant to
economic
[[Page 49691]]
development research. Research funds may not be used to start or expand
a private business.
Sec. 307.18 Selection process.
(a) Projects will be selected in accordance with Sec. 304.1 of this
chapter.
(b) EDA may use solicitations of applications as follows: EDA may
identify particular projects, including program evaluations it wishes
to have conducted. Organizations and individuals interested in being
invited to respond to Solicitations of Applications (SOAs) to conduct
such studies should submit information on their capabilities and
experience. See Sec. 300.4 of this chapter.
Sec. 307.19 Evaluation criteria.
In addition to and/or as an elaboration of the evaluation criteria
set forth in part 304 of this chapter and to the extent practicable,
EDA will use the following criteria to evaluate research and evaluation
proposals:
(a) Suitability of the subject;
(b) Potential usefulness of the research to state and local
economic development officials and specialists;
(c) General quality and clarity of the proposal;
(d) Soundness and completeness of the research methodology; and
(e) Total cost and value of proposed product in relation to cost.
Sec. 307.20 Research topics and structure.
(a) EDA is interested in receiving proposals dealing with:
(1) Employment and unemployment;
(2) Income and poverty;
(3) Rural and nonmetropolitan economic development;
(4) Urban economic development; or
(5) Regional and local growth and competitiveness.
(b) Requests should be for specific, well-defined, one-time
research projects. EDA research grants are not intended for support of
continuing programs (permanent research programs, publication and
information programs, periodic forecasts, etc.), or for nonresearch
activities.
(c) EDA normally prefers research of broad geographic scope
covering the whole country or a large multistate region, as opposed to
research covering in declining order of preference:
(1) A small multistate region;
(2) A state;
(3) A multicounty area; or
(4) A single city or county.
(d) Preference will normally be given to practical cause-and-effect
research (including hypothesis testing models) and descriptive
analyses, as opposed to theoretical studies, forecasting models, and
``how to'' guides.
(e) The NOFA may announce additional areas of special research
interest for that year.
Sec. 307.21 Award requirements.
(a) Assistance under this program will normally be for a period not
exceeding 15 months.
(b) EDA will provide grants and cooperative agreements covering up
to 100 percent of project costs.
Subpart E--Economic Development Districts, American Indian Tribes
and Redevelopment Areas Economic Development Planning Grants
Sec. 307.22 Purpose and scope.
The primary objective of planning assistance for administrative
expenses is to support the formulation and implementation of economic
development planning programs designed to create or retain permanent
jobs and income, particularly for the unemployed and underemployed in
the most distressed areas. Planning activities supported by these
administrative funds must be part of a permanent and continuous process
involving significant leadership by public officials and private
citizens.
Sec. 307.23 Definition.
(a) Category A grants means those made to Economic Development
Districts and Redevelopment Areas; and
(b) Category B grants means those made to American Indian Tribes.
Sec. 307.24 Applicants.
Eligible applicants are economic development district
organizations, redevelopment areas, organizations representing
redevelopment areas (or parts of such areas), American Indian tribes,
organizations representing multiple American Indian tribes, the
Federated States of Micronesia, the Republic of the Marshall Islands,
the Republic of Palau, the Commonwealth of Puerto Rico, the U.S. Virgin
Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
Sec. 307.25 Selection process.
EDA invites currently funded grantees to apply if they are in
compliance with their current financial assistance awards. EDA will
select projects in accordance with Sec. 304.1 of this chapter.
Sec. 307.26 Evaluation criteria.
(a) In addition to and/or as an elaboration of the evaluation
criteria set forth in part 304 of this chapter and to the extent
practicable, EDA will evaluate applicants on the following:
(1) Quality of the proposed work program;
(2) Management and staff capacity and qualifications;
(3) Involvement of the local leadership in the applicant's economic
development activities; and
(b) Previously funded grantees, in addition to the requirements of
paragraph (a) of this section, will be evaluated on the basis of the
quality of their past performance.
Sec. 307.27 Award requirements.
(a) Assistance will normally be for a 12-month period.
(b) Grant assistance may be provided for up to 75 percent of
project costs for Category A grants with the applicant required to
provide the remaining share from non-federal sources. Category B grant
assistance may be provided for up to 100 percent of project costs.
(c) EDA will make annual determinations of satisfactory
performance, and periodically conduct on-site performance appraisals.
Sec. 307.28 Limitations.
(a) Except as set forth in paragraph (b) of this section, no
planning grants to economic development district organizations will be
extended unless at least three-fourths of the counties within the
district boundaries indicate, by resolution or other appropriate
document, their commitment to support the activities of the district.
(b) Where a sufficient number of counties have withdrawn from the
district to make compliance with this three-fourths requirement
impossible or unreasonable, EDA may fund the continuing committed
counties in the name of the original district organization if EDA
determines that the remaining counties can meet the requirements for
authorizing and designating economic development districts, as set
forth at part 302 of this chapter.
Subpart F--State and Urban Economic Development Planning Grants
Sec. 307.29 Purpose and scope.
Planning assistance is to strengthen significant economic
development planning capability and initiatives of eligible applicants
to ensure a more productive use of available resources in reducing the
effects of economic problems by formulation and implementation of an
economic development program. Assistance must be part of a continuous
process involving significant local leadership from public officials
and private citizens and should include efforts to reduce
[[Page 49692]]
unemployment and increase incomes. These efforts should be systematic
and coordinated when applicable, with other planning organizations in
the area, and should strengthen the planning capabilities of
applicants.
Sec. 307.30 Applicants.
Eligible applicants under this program are as follows:
(a) Governors or agencies so designated by Governors of States;
(b) Chief executive officers of cities or counties, or their
designated agencies or organizations; and
(c) Sub-state planning and development organizations (including
redevelopment areas and economic development districts).
Sec. 307.31 Selection process.
Projects will be selected in accordance with Sec. 304.1 of this
chapter.
Sec. 307.32 Evaluation criteria.
In addition to and/or as an elaboration of the evaluation criteria
set forth in part 304 of this chapter and to the extent practicable,
EDA will evaluate projects on the following:
(a) Overall quality of the proposal;
(b) Extent to which the proposed planning activities are expected
to:
(1) Impact upon the service area's economic development needs; and
(2) Address the problems of the unemployed and underemployed of the
area, including minorities, workers displaced by plant closings, etc.;
(c) The proximity of the performing office to the chief executive
(i.e., likelihood that the activities will have a significant influence
on the policy and decision making process);
(d) Past performance of currently or formerly funded grantees, when
applicable;
(e) The amount of local participation provided as matching share to
the Federal funds; and
(f) Other characteristics, such as involvement of the private
sector businesses and professional groups in the proposed activities,
and particularly for states, the innovativeness of the proposed
approach and replicability of the model process or results.
Sec. 307.33 Award requirements.
(a) Assistance will be for the period of time required to complete
the work. This period is normally 12 to 18 months.
(b) Grant assistance may be provided for up to 75 percent of
project costs. Applicants will be required to provide the remaining
share, preferably in cash.
PART 308--REQUIREMENTS FOR GRANTS UNDER THE TITLE IX ECONOMIC
ADJUSTMENT PROGRAM
Sec.
308.1 Purpose and scope.
308.2 Use of economic adjustment grants.
308.3 Eligible applicants.
308.4 Eligible areas.
308.5 Selection process.
308.6 Evaluation factors.
308.7 Award requirements.
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Department of Commerce Organization Order 10-4, as amended
(40 FR 56702, as amended).
Sec. 308.1 Purpose and scope.
(a) The Economic Adjustment Program addresses the particular needs
of areas experiencing changes in their economic situation which are
causing, or threaten to cause, serious structural damage to the
underlying economic base. Such changes may occur suddenly or over time,
for example, as a result of industrial or corporate restructuring in
response to technological advancements or changes in the marketplace,
new Federal laws or requirements, reductions in defense expenditures,
or depletion of natural resources or natural disasters.
(b) Economic Adjustment grants are awarded for the purpose of
enabling communities in such areas to meet the challenge of economic
change more effectively through the development and implementation of
strategies for inducing capital investment in production of the types
of goods and/or services for which the community may have or be able to
develop a comparative economic advantage, and which will lead to
economic recovery and saving and/or creating permanent jobs.
(c) Overall funding objectives of this program are to:
(1) Provide impacted communities with the skills and knowledge
needed to organize and carry out a strategic planning process focusing
on increasing the productivity and competitiveness of a community's
assets, such as for example, existing industries and business acumen,
natural resources, or labor force skills;
(2) Expand the capacity of public officials and development
organizations to work more effectively with their business community to
identify and address unmet needs of the types of firms identified in
area strategies. Such needs include, for example, management assistance
and information to help with modernization, financing, market research,
and new product development;
(3) Assist communities to overcome critical impediments to
implementing their adjustment strategy. Such impediments include, for
example, a lack of available financing for the businesses or weaknesses
in economic infrastructure;
(4) Enable communities to plan and coordinate:
(i) The use of Federal, and/or other resources available to support
economic recovery from Federal actions adversely affecting a major
industrial sector;
(ii) The economy of a discrete geographic region; or
(iii) Recovery from natural disasters.
(5) Encourage the development of innovative public/private
approaches to economic restructuring and revitalization.
Sec. 308.2 Use of economic adjustment grants.
(a) Grants shall be used to develop or implement economic
adjustment strategies. Strategy grants provide the resources for
organizing and conducting a strategic planning process. Implementation
grants support one or more activities identified in an adjustment
strategy approved by EDA. Such activities include the following, which
may be undertaken singly or in combination:
(1) Infrastructure improvements, such as for example, acquisition,
site preparation, construction, rehabilitation and/or equipping of
eligible facilities;
(2) Provision of business financing through establishment of
locally administered revolving loan funds (RLFs);
(3) Planning, including strategy development, updating or
refinement;
(4) Market or industry research and analysis;
(5) Technical assistance, including organizational development such
as business networking, restructuring or improving the delivery of
business services, or for feasibility studies;
(6) Public Services;
(7) Training; and
(8) Other activities as justified by the economic adjustment
strategy which meet statutory and regulatory requirements.
(b) Adjustment grants may be disbursed by the grantee through
direct expenditures or through redistribution by them to public and
private entities.
(1) Redistribution in the form of grants may only be to units of
government or to public or private non-profit organizations.
(2) Redistribution in the form of loans, loan guarantees or other
appropriate assistance may be to public or private entities.
[[Page 49693]]
Sec. 308.3 Eligible applicants.
Eligible applicants within areas meeting the EDA eligibility
criteria described below include:
(a) A redevelopment area or economic development district
established under Title IV of the Act;
(b) An American Indian tribe;
(c) A State;
(d) A city or other political subdivision of a state;
(e) A consortium of such political subdivisions;
(f) A Community Development Corporation;
(g) A non-profit organization determined by EDA to represent the
interests of a redevelopment area(s) or economic development districts
with respect to the objectives of the Economic Adjustment program; and
(h) The Federated States of Micronesia, the Republic of the
Marshall Islands, the Republic of Palau, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
Sec. 308.4 Eligible areas.
(a) General. The area(s) to be assisted by the applicant must be
eligible on the basis of the criteria described below for establishing
that it is experiencing either Long-Term Economic Deterioration (LTED)
or a Sudden and Severe Economic Dislocation (SSED) or a Special Need.
(b) LTED. The area must be experiencing at least one of three
economic problems:
(1) Very high unemployment;
(2) Low per capita income; or
(3) Chronic distress (i.e., failure to keep pace with national
economic growth trends over the last 5 years). Priority consideration
will be given to those areas with two or more of these indicators.
Eligibility is generally determined statistically. Further information
is available from EDA's regional offices and EDRs (see Sec. 300.4 of
this chapter).
(c) SSED. The area must show actual or threatened permanent job
losses that exceed the following threshold criteria:
(1) For areas not in Metropolitan Statistical Areas:
(i) If the unemployment rate of the Labor Market Area exceeds the
national average, the dislocation must amount to the lesser of 2
percent of the employed population, or 500 direct jobs; and
(ii) If the unemployment rate of the Labor Market Area is equal to
or less than the national average, the dislocation must amount to the
lesser of 4 percent of the employed population, or 1,000 direct jobs.
(2) For areas within Metropolitan Statistical Areas:
(i) If the unemployment rate of the Metropolitan Statistical Area
exceeds the national average, the dislocation must amount to the lesser
of 0.5 percent of the employed population, or 4,000 direct jobs; and
(ii) If the unemployment rate of the Metropolitan Statistical Area
is equal to or less than the national average, the dislocation must
amount to the lesser of 1 percent of the employed population or 8,000
direct jobs.
(3) In addition, 50 percent of the job loss threshold must result
from the action of a single employer, or 80 percent of the job loss
threshold must occur in a single standard industry classification
(i.e., two digit SIC code).
(4) Actual dislocations must have occurred within one year and
threatened dislocations must be anticipated to occur within 2 years of
the date EDA is contacted.
(5) In the case of a Presidentially declared disaster, the area
eligibility criteria findings are waived.
(d) Special need. An area must be determined by EDA to require
assistance for another kind of economic adjustment problem or problems.
Sec. 308.5 Selection process.
(a) Projects will be selected in accordance with Sec. 304.1 of this
chapter.
(b) Applicants for funding of a Revolving Loan Fund (RLF) are
generally required to submit a RLF Plan in addition to the adjustment
strategy for the area. Guidelines on RLFs are available from the
Regional Offices. (See part 300 of this chapter).
Sec. 308.6 Evaluation factors.
(a) General. EDA will use the evaluation criteria set forth in part
304 of this chapter. To the extent practicable, EDA will use the
evaluation factors set out in this section in the selection process:
(b) Strategy grants. EDA will review strategy grant applications to
determine whether:
(1) The applicant organization has the necessary authority, mandate
and capacity to lead and manage the planning process and implementation
of the resulting strategy;
(2) The planning process provides for the representation of public
and private sector entities with a contribution to make to the
development of the strategy and/or on which accomplishment of the
strategic objectives will depend. These entities include public program
and service providers, trade and business associations, educational and
research institutions, and community development corporations, etc.;
and
(3) The proposed scope of work focuses on the specific economic
problems to be addressed and provides for undertaking the appropriate
research and analysis needed to formulate a realistic, market-based,
adjustment strategy.
(c) Implementation grants. EDA will review implementation grant
applications to determine whether:
(1) Strategies have been completed; provided however, that EDA may
in some instances, consider funding a project prior to completion of
the strategy/plan, if:
(i) An appropriate community planning process is underway;
(ii) Sufficient analysis has been done to show that the proposed
project is economically viable and potentially consistent with the
evolving strategy; and
(iii) The proposed project has the support of the community.
(2) Activities or projects proposed for funding are generally
identifiable as integral and priority elements within an adjustment
strategy for the eligible area(s) prepared or updated within the
preceding 2 years;
(3) The strategy addresses the following:
(i) An appropriately designed and conducted planning process;
(ii) An understanding of the economic problems being addressed;
(iii) An analysis of the industry sectors and the firms within them
that comprise the area's economic base, and of the particular strengths
and weaknesses of the area that contribute to, or detract from, its
current and potential economic competitiveness;
(iv) Strategic objectives that flow from the economic analysis and
conclusions and focus on stimulating investment in new and/or expanding
economic activities that offer the best prospects for revitalization
and growth;
(v) Appropriate and necessary resources in the area and elsewhere
which have been identified and are/will be coordinated to support
implementation of the strategy; and
(vi) The performance measures which the applicant will use to
assess progress toward accomplishing its strategic objectives.
(4) All individual activities or projects proposed for funding are
consistent with one or more of the Economic Adjustment Program
objectives stated in Sec. 308.1.
(d) Revolving Loan Fund grants. For implementation grants proposing
to capitalize or recapitalize a Revolving Loan Fund (RLF), EDA will
also review how the application discusses:
(1) The need for a new or expanded public financing tool to
complement
[[Page 49694]]
other business assistance programs and services available to firms and/
or would-be entrepreneurs in industry sectors and/or locations targeted
by the adjustment strategy;
(2) The types of financing activities anticipated; and
(3) The prospective capacity of the RLF's organization to work
effectively with the business community and other financing providers,
to function as an integral part of the overall economic adjustment
effort and to manage the lending function.
Sec. 308.7 Award requirements.
(a) Projects are expected to be completed in a timely manner
consistent with the nature of the project. However, the maximum period
for which assistance will be available shall not be more than 5 years
from the fiscal year of award.
(b) Title IX funds are awarded through grants generally not to
exceed 75 percent of the project cost. EDA may waive all or part of the
25 percent nonfederal share of economic adjustment assistance grants,
because of the critical nature of the situation requiring economic
adjustment assistance, or for other good cause. The local share must
not be encumbered in any way that would preclude its use as required by
the grant agreement. The local share for grants to establish or
recapitalize a RLF must be in cash, and while the local share for
grants for other activities may be cash or in-kind, priority
consideration will be given to proposals with a cash local share.
(c) Direct recipients of grant assistance shall submit a report to
EDA each year that the assistance continues in accordance with the Act.
The report shall include:
(1) Whether planned activities are completed or their anticipated
completion time;
(2) The degree to which activities have achieved their planned
goals as described in the plan; and
(d) RLF grantees must submit semi-annual reports until graduated to
annual report status.
PART 309--[RESERVED]
PART 310--[RESERVED]
PART 311--[RESERVED]
PART 312--SUPPLEMENTAL AND BASIC ASSISTANCE UNDER SECTION 304 OF
THE ACT
Sec.
312.1 Purpose and scope.
312.2 Selection and qualification of projects for supplementary
assistance.
312.3 Selection and qualification of projects for basic grant
assistance.
312.4 Award requirements.
312.5 Construction management and disbursement.
312.6 Conditions for disbursement of funds.
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Department of Commerce Organization Order 10-4, as amended
(40 FR 56702, as amended).
Sec. 312.1 Purpose and scope.
The purpose of this part is to set forth requirements governing the
extension of assistance under section 304 of the Act (42 U.S.C. 3153).
Funds obligated to a State shall be available for supplementing or
making grants authorized under Titles I, III (other than planning
grants authorized under sections 301(b) and 302), IV, and IX of the Act
for projects within such States. The Assistant Secretary has notified
the State of amounts available under section 304, if any, for basic and
supplemental assistance under this part.
Sec. 312.2 Selection and qualification of projects for supplementary
assistance.
The selection of projects to be assisted by the use of funds in
supplementing grants made by EDA under Titles I and III (other than
planning grants authorized under sections 301(b) and 302), IV, and IX
of the Act shall be made by the States and communicated to EDA on forms
prescribed by EDA. Eligibility of a project for assistance shall be
determined by EDA incident to the evaluation of the application for the
underlying basic grant assistance for such project.
Sec. 312.3 Selection and qualification of projects for basic grant
assistance.
(a) In those cases where the States propose to use funds for basic
grant assistance for projects meeting requirements for assistance under
Titles I and III (other than planning grants authorized under sections
301(b) and 302), IV, and IX of the Act, and for which funds have been
determined to be unavailable by EDA under Titles I, III, IV, and IX,
the States shall communicate the proposed use of the funds to EDA on
forms prescribed by EDA. A proposal shall contain or be accompanied by
the documentation or certification evidencing compliance with the
requirements, conditions, and limitations as would be applicable to
such project if it were being considered for funding under Titles I and
III (other than planning grants authorized under sections 301(b) and
302), IV, and IX of the Act. Eligibility and compliance of a project
for assistance shall be determined by EDA in the same manner as
applicable to projects receiving only supplementary assistance under
section 304 of the Act.
(b) A proposal by a State for the use of funds for a basic grant
shall be accompanied by evidence that the principal governing
authorities for the area in which a project is to be located have
approved the project.
(c) Funds may not be used by a State as a grant to a private
profitmaking entity.
Sec. 312.4 Award requirements.
States must make a contribution which is equal to at least 25
percent of the funds being made available to a particular project from
funds appropriated under section 304 of the Act. Participation in or
contributions to a project by local subdivisions of a State or private
individuals or organizations shall not be deemed contributions by the
State as required by this section.
Sec. 312.5 Construction management and disbursement.
Projects assisted through the use of funds in supplementing EDA
grants under Titles I and III (other than planning grants authorized
under sections 301(b) and 302), IV, and IX of the Act or in providing
basic grants shall be subject to the same procedures and requirements
relating to post-approval compliances, construction management, and
disbursement as applicable to projects funded under Titles I, III, IV,
and IX of the Act.
Sec. 312.6 Conditions for disbursement of funds.
(a) As a condition for the disbursement of funds, a State shall
conform to the requirements of the Act and provide acceptable evidence
of compliance with requirements conditions and limitations applicable
to projects assisted under Titles I, III (other than planning grants
authorized under section 301(b) and 302), IV, and IX of the Act. States
will be promptly notified of proposals which do not meet requirements.
(b) It shall also be a condition for the disbursement of funds for
any project that the State must make a showing:
(1) That such funds will be used in a manner consistent with the
State planning process assisted under part 307 of this chapter if such
a planning process has been established;
(2) That such State is not receiving planning assistance under part
307 but has an economic development planning process meeting the
standards required for assistance under part 307 of this chapter and
that the proposed use of funds is consistent with such planning
process; or
[[Page 49695]]
(3) That the project is clearly of such nature that EDA may
conclude that its implementation would not impair the benefits intended
to be derived from an orderly economic development planning process.
PART 313--[RESERVED]
PART 314--PROPERTY MANAGEMENT STANDARDS
Subpart A--In General
Sec.
314.1 Federal interest, applicability.
314.2 Definitions.
314.3 Use of property.
314.4 Unauthorized use.
314.5 Federal share.
314.6 Encumbrances.
Subpart B--Real Property
314.7 Title.
314.8 Recorded statement.
Subpart C--Personal Property
314.9 Recorded statement.
314.10 Revolving loan funds.
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Title II, Chapter 3 of the Trade Act of 1974, as amended (19
U.S.C. 2341-2355); Title I, Pub. L. 94-369, as amended, 90 Stat. 999
(42 U.S.C. 6701); Pub. L. 95-31; 91 Stat. 169 (42 U.S.C. 184);
Department of Commerce Organization Order 10-4, as amended (40 FR
56702, as amended).
Subpart A--In General
Sec. 314.1 Federal interest, applicability.
(a) All property that is acquired or improved with EDA grant
assistance shall be held in trust by the recipient for the benefit of
the project purposes under which the property was acquired or improved.
(b) During the estimated useful life of the project, EDA retains an
undivided equitable reversionary interest in property acquired or
improved with EDA grant assistance.
(c) EDA may approve the substitution of an eligible entity for a
grantee. The original grantee remains responsible for the period it was
the grantee, and the successor grantee holds the project property with
the responsibilities of an original grantee under the award.
(d) The requirements contained in this part apply solely to grant
and cooperative agreement award projects.
Sec. 314.2 Definitions.
As used in this part 314 of this chapter:
Dispose includes sell, lease, abandon, or use for a purpose or
purposes not authorized under the grant award or this part.
Estimated useful life means that period of years from the time of
award, determined by EDA as the expected lifespan of the project.
Grantee includes any recipient, subrecipient, awardee, or
subawardee of grant assistance under the Public Works and Economic
Development Act of 1965, or under Title II, Chapter 3 of the Trade Act
of 1974, Title I of the Public Works Employment Act of 1976, the Public
Works Employment Act of 1977, or the Community Emergency Drought Relief
Act of 1977, and any EDA-approved successor to such recipient,
subrecipient, awardee or subawardee.
Owner includes fee owner, transferee, lessee, or optionee of real
property upon which project facilities or improvements are or will be
located, or real property improved under a project which has as its
purpose that the property be sold.
Personal Property means all property other than real property.
Project means the activity and property acquired or improved for which
a grant is awarded. When property is used in other programs as provided
in Sec. 314.3(b), ``project'' includes such programs.
Property includes all forms of property, real, personal (tangible
and intangible), and mixed.
Real property means any land, improved land, structures,
appurtenances thereto, or other improvements, excluding movable
machinery and equipment. Improved land also includes land which is
improved by the construction of such project facilities as roads,
sewers, and water lines which are not situated directly on the land but
which contribute to the value of such land as a specific part of the
project purpose.
Sec. 314.3 Use of property.
(a) The grantee or owner shall use any property acquired or
improved in whole or in part with grant assistance only for the
authorized purpose of the project as long as it is needed during the
estimated useful life of the project and such property shall not be
leased, sold, disposed of or encumbered without the written
authorization of EDA.
(b) In the event that EDA and the grantee determine that property
acquired or improved in whole or in part with grant assistance is no
longer needed for the original grant purpose, it may be used in other
Federal grant programs, or programs that have purposes consistent with
those authorized for support by EDA, if EDA approves such use.
(c) When the authorized purpose of the EDA grant is to develop real
property to be leased or sold, as determined by EDA, such sale or lease
is permitted provided the sale is consistent with the authorized
purpose of the grant and with applicable EDA requirements concerning,
but not limited to, nondiscrimination and nonrelocation.
(d) When acquiring replacement personal property of equal or
greater value, the grantee may trade-in the property originally
acquired or sell the original property and use the proceeds in the
acquisition of the replacement property, provided that the replacement
property shall be used for the project and be subject to the same
requirements as the original property.
Sec. 314.4 Unauthorized use.
(a) Except as provided in Sec. 314.3 (b), (c) or (d), whenever,
during the expected useful life of the project, any property acquired
or improved in whole or in part with grant assistance is disposed of
without the approval of EDA, or no longer used for the authorized
purpose of the project, the Federal Government shall be compensated by
the grantee for the Federal share of the value of the property;
provided that for equipment and supplies, the standards of the Uniform
Administrative Requirements for Grants at 15 CFR part 24 and OMB
Circular A-110 or any supplements or successors thereto, as applicable,
shall apply.
(b) If property is disposed of without approval, EDA may assert its
interest in the property to recover the Federal share of the value of
the property for the Federal Government. EDA may pursue its rights
under both paragraphs (a) and (b) of this section, except that the
total amount to be recovered shall not exceed the Federal share, plus
costs and interest.
Sec. 314.5 Federal share.
(a) For purposes of this part 314, the Federal share of the value
of property is that percentage of the current fair market value of the
property attributable to the EDA participation in the project (after
deducting actual and reasonable selling and fix-up expenses, if any,
incurred to put the property into condition for sale).
(b) Where the grantee's interest in property is a leasehold for a
term of years less than the depreciable remaining life of the property,
that factor shall be considered in determining the percentage of the
Federal share.
(c) If property is transferred from the grantee to another eligible
entity, as provided in Sec. 314.1(c), the Federal government shall be
compensated the Federal share of any money paid by or on behalf of the
successor grantee to or for the benefit of the original grantee,
[[Page 49696]]
provided that EDA may first permit the recovery by the original grantee
of an amount not exceeding its investment in the project nor exceeding
that percentage of the value of the property that is not attributable
to the EDA participation in the project.
(d) When the Federal Government is compensated for the Federal
share of the value of property acquired or improved in whole or in part
with grant assistance, EDA has no further interest in the ownership,
use or disposition of the property.
Sec. 314.6 Encumbrances.
(a) Except as provided in Sec. 314.6(c), grantee-owned property
acquired or improved in whole or in part with grant assistance may not
be used to secure a mortgage or deed of trust or otherwise be used as
collateral or encumbered except to secure a grant or loan made by a
State or Federal agency or other public body participating in the same
project.
(b) Encumbering such property other than as permitted in this
section is an unauthorized use of the property requiring compensation
to the Federal Government as provided in Secs. 314.4 and 314.5.
(c) EDA may waive the provisions of Sec. 314.6(a) for good cause
when EDA determines all of the following:
(1) All proceeds from the grant/loan to be secured by the
encumbrance on the property shall be available only to the grantee, and
all proceeds from such secured grant/loan shall be used only on the
project for which the EDA grant was awarded or on related activities of
which the project is an essential part;
(2) The lender/grantor would not provide funds without the security
of a lien on the project property; and
(3) There is a reasonable expectation that the borrower/grantee
will not default on its obligation.
(d) EDA may waive the provisions of Sec. 314.6(a) as to an
encumbrance on property which is acquired and/or improved by an EDA
grant when EDA determines that the encumbrance arises solely from the
requirements of a pre-existing water or sewer facilities or other
utility encumbrance which by its terms extends to additional property
connected to such facilities. EDA's determination shall make reference
to the specific requirements (for example, ``water system and all
accessions or additions or improvements thereto'') which extend the
terms of the pre-existing encumbrance to the property which is acquired
and/or improved by the EDA grant.
Subpart B--Real Property
Sec. 314.7 Title.
(a) The grantee must furnish evidence, satisfactory in form and
substance to EDA, that title to real property required for a project
(other than property of the United States) is vested in the grantee,
and that such easements, rights-of-way, state permits, or long-term
leases as are required for the project have been or will be obtained by
the grantee within an acceptable time. EDA may determine that, in lieu
of title, a long-term leasehold interest for a period not less than the
estimated useful life of the project will be acceptable, but only if
fee title is not obtainable and the lease provisions adequately
safeguard EDA's interest in the project.
(b) The grantee must disclose to EDA any liens, mortgages, other
encumbrances, reservations, reversionary interests, or other
restrictions on title or the grantee's interest in the property. No
such encumbrance or restriction will be acceptable if, as determined by
EDA, the encumbrance or restriction will interfere with the
construction, use, operation or maintenance of the project during its
estimated useful life.
Sec. 314.8 Recorded statement.
(a) For all projects involving the acquisition, construction or
improvement of a building, as determined by EDA, the grantee shall
execute a lien, covenant or other statement of EDA's interest in the
property acquired or improved in whole or in part with the funds made
available under the award. The statement shall specify in years the
estimated useful life of the project and shall include, but not be
limited to disposition, encumbrance, and compensation of Federal share
requirements of this part 314. The statement shall be satisfactory in
form and substance to EDA.
(b) The statement of EDA's interest must be perfected and placed of
record in the real property records of the jurisdiction in which the
property is located, all in accordance with local law.
(c) Facilities in which the EDA investment is only a small part of
a large project, as determined by EDA, may be exempted from the
requirements of this section.
Subpart C--Personal Property
Sec. 314.9 Recorded statement.
For all projects which EDA determines involve the acquisition or
improvement of significant items of tangible personal property,
including but not limited to ships, machinery, equipment, removable
fixtures or structural components of buildings, EDA will require the
grantee to execute a security interest or other statement of EDA's
interest in the property, acceptable in form and substance to EDA,
which statement must be perfected and placed of record in accordance
with local law, with continuances refiled as appropriate.
Sec. 314.10 Revolving loan funds.
(a) With EDA's consent, grantees holding revolving loan fund (RLF)
property (including but not limited to money, notes, and security
interests) may sell such property or encumber such property as part of
a securitization of the RLF portfolio in either case to generate money
to be used for additional loans as part of the RLF project;
(b) When a grantee determines that it is no longer necessary or
desirable to operate an RLF, the RLF may be terminated; provided that,
unless otherwise stated in the award, the Federal Government shall be
compensated the Federal share of the value of the RLF property. The
Federal share shall apply proportionate to the percentage of the
capitalization of the RLF contributed by EDA to all RLF property
including the present value of all outstanding loans; provided that the
grantee may use for other economic development purposes with EDA's
approval that portion of such RLF property which EDA determines is
attributable to the payment of interest on RLF loans and not used by
the grantee for administrative or other allowable expenses.
PART 315--CERTIFICATION AND ADJUSTMENT ASSISTANCE FOR FIRMS AND
INDUSTRIES
Subpart A--General Provisions
Sec.
315.1 Purpose and scope.
315.2 Definitions.
315.3 Confidential business information.
315.4 Eligible applicants.
315.5 Selection process.
315.6 Evaluation criteria.
315.7 Award requirements.
Subpart B--Trade Adjustment Assistance Centers
315.8 Purpose and scope.
Subpart C--Certification of Firms
315.9 Certification requirements.
315.10 Processing petitions for certification.
315.11 Hearings, appeals and final determinations.
315.12 Termination of certification and procedure.
315.13 Loss of certification benefits.
[[Page 49697]]
Subpart D--Assistance to Industries
315.14 Assistance to firms in import-impacted industries.
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Title II, Chapter 3 of the Trade Act of 1974, as amended, (19
U.S.C. 2341-2355); Department of Commerce Organization Order 10-4,
as amended (40 FR 56702, as amended).
Subpart A--General Provisions
Sec. 315.1 Purpose and scope.
The regulations in this part implement certain changes to
responsibilities of the Secretary of Commerce under Chapter 3 of Title
II of the Trade Act of 1974, as amended (19 U.S.C. 2341 et. seq.)
(Trade Act), concerning adjustment assistance for firms. The statutory
authority and responsibilities of the Secretary of Commerce relating to
adjustment assistance are delegated to EDA. EDA has the duties of
certifying firms as eligible to apply for adjustment assistance,
providing technical adjustment assistance to eligible recipients, and
providing assistance to organizations representing trade injured
industries.
Sec. 315.2 Definitions.
As used in this part 315:
Adjustment assistance is technical assistance provided to firms or
industries under Chapter 3 of Title II of the Trade Act.
Adjustment proposal means a certified firm's plan for improving its
economic situation.
Certified firm means a firm which has been determined by EDA to be
eligible to apply for adjustment assistance.
Confidential business information means information submitted to
EDA or TAACs by firms that concerns or relates to trade secrets for
commercial or financial purposes which is exempt from public disclosure
under 5 U.S.C. 552(b)(4), 5 U.S.C. 552 b(c)(4) and 15 CFR part 4.
Decreased absolutely means a firm's sales or production has
declined:
(1) Irrespective of industry or market fluctuations; and
(2) Relative only to the previous performance of the firm;
Directly competitive means:
(1) Articles which are substantially equivalent for commercial
purpose, i.e., are adapted to the same function or use and are
essentially interchangeable; and
(2) Oil or natural gas (exploration, drilling or otherwise
produced);
Firm means an individual proprietorship, partnership, joint
venture, association, corporation (including a development
corporation), business trust, cooperative, trustee in bankruptcy or
receiver under court decree and includes agricultural entities and
those which explore, drill or otherwise produce oil or natural gas.
When a firm owns or controls other firms as described below, for
purposes of receiving benefits under this part, the firm and such other
firms may be considered a single firm when they produce like or
directly competitive articles or are exerting essential economic
control over one or more production facilities. Such other firms
include:
(1) Predecessor;
(2) Successor;
(3) Affiliate; or
(4) Subsidiary.
A group of workers threatened with total or partial separation
means there is reasonable evidence that such total or partial
separation is imminent;
Like articles means articles which are substantially identical in
their intrinsic characteristics.
Partial separation means either:
(1) A reduction in an employee's work hours to 80 percent or less
of the employee's average weekly hours during the year preceding such
reduction; or
(2) A reduction in the employee's weekly wage to 80 percent or less
of his/her average weekly wage during the year preceding such
reduction.
Person means individual, organization or group.
The record means:
(1) A petition for certification of eligibility to qualify for
adjustment assistance;
(2) Any supporting information submitted by the petitioner;
(3) Report of the EDA investigation in regard to the petition; and
(4) Any information developed during the investigation or in
connection with any public hearing held on the petition.
Recipient means a firm, Trade Adjustment Assistance Center or other
party receiving adjustment assistance or through which adjustment
assistance is provided under the Trade Act.
A significant number or proportion of workers means 5 percent of
the firm's work force or 50 workers, whichever is less. Partially
separated workers shall be taken into account in proportion to their
percentage of separation, and for agricultural operations that are sole
proprietorships, an individual farmer is considered a significant
number or proportion of workers.
Substantial interest means a direct, material, economic interest in
the certification or noncertification of the petitioner.
Technical Assistance means assistance provided to firms or
industries under Chapter 3 of Title II of the Trade Act.
A totally separated worker means an employee who has been laid off
or whose employment has been terminated by his/her employer for lack of
work.
Sec. 315.3 Confidential business information.
EDA will follow the procedures set forth in 15 CFR 4.7, and
submitters should so designate any information they believe
confidential.
Sec. 315.4 Eligible applicants.
(a) Trade Adjustment Assistance Centers (TAACs) are eligible
applicants. A TAAC can be:
(1) A university affiliate;
(2) State or local government affiliate;
(3) Non-profit organization.
(b) Firms;
(c) Organizations assisting or representing industries in which a
substantial number of firms or workers have been certified as eligible
to apply for adjustment assistance under sections 223 or 251 of the
Trade Act including the following:
(1) Existing agencies;
(2) Private individuals;
(3) Firms;
(4) Universities;
(5) Institutions;
(6) Associations;
(7) Unions; or
(8) Other non-profit industry organizations.
Sec. 315.5 Selection process.
(a) TAACs are selected in accordance with the following:
(1) Currently funded TAACs are invited by EDA to submit either new
or amended applications, provided they have performed in a satisfactory
manner and complied with previous and or current conditions in their
cooperative agreements with EDA and contingent upon availability of
funds. Such TAACs shall submit an application on a form approved by
OMB, as well as a proposed budget, narrative scope of work, and such
other information as requested by EDA. Acceptance of an application or
amended application for a cooperative agreement does not assure funding
by EDA; and
(2) New TAACs will be invited to submit proposals, and if they are
acceptable, EDA will invite an application on a form approved by OMB.
An application will be accompanied by a narrative scope of work,
proposed budget and such other information as requested by EDA.
Acceptance of an application does not assure funding by EDA.
(b) Firms are selected in accordance with the following:
[[Page 49698]]
(1) Firms may apply for certification generally through a TAAC by
filling out a petition for certification. The TAAC will provide
technical assistance to firms wishing to fill out such petitions;
(2) Once firms are certified in accordance with the procedures
described in Secs. 315.9 and 315.10, an adjustment proposal is usually
submitted to EDA which is prepared with technical assistance from a
party independent of the firm, usually the TAAC;
(3) Certified firms which have submitted acceptable adjustment
proposals within the time limits described in Sec. 315.13 below, may
begin implementation of such proposal, generally through the TAAC and
often with Technical Assistance from the TAAC, by submitting a request
to the TAAC to provide assistance in implementing an accepted
adjustment proposal; and
(4) EDA determines whether or not to provide assistance for
adjustment proposals based upon Sec. 315.6(c)(2).
(c) Organizations representing trade injured industries must meet
with an EDA representative to discuss the industry problems,
opportunities and assistance needs, and if invited by EDA may then
submit an application as approved by OMB, as well as a scope of work
and proposed budget.
Sec. 315.6 Evaluation criteria.
(a) Currently funded TAACs are generally evaluated based on the
following:
(1) How well they have performed under cooperative agreements with
EDA and if they are in compliance with the terms and conditions of such
cooperative agreements;
(2) Proposed scope of work, budget and application or amended
application; and
(3) The availability of funds.
(b) New TAACs are generally evaluated on the following:
(1) Demonstrates competence in administering business assistance
programs;
(2) Background and experience of staff;
(3) Proposed scope of work, budget and application; and
(4) The availability of funding.
(c) Firms are generally evaluated based on the following:
(1) For certification, firms' petitions are selected strictly on
the basis of conformance with requirements set forth in Sec. 315.9
below;
(2) An adjustment proposal is evaluated on the basis of the
following:
(i) The proposal must be submitted to EDA within 2 years after the
date of the certification of the firm; and
(ii) The adjustment proposal must include a description of any
technical assistance requested to implement such proposal including
financial and other supporting documentation as EDA determines is
necessary, based upon either:
(A) An analysis of the firm's problems, strengths and weaknesses
and an assessment of its prospects for recovery; or
(B) If EDA so determines, an acceptable adjustment proposal can be
prepared on the basis of other available information.
(iii) The adjustment proposal must be evaluated to determine that
it:
(A) Is reasonably calculated to contribute materially to the
economic adjustment of the firm, i.e., that such proposal will be a
constructive aid to the firm in establishing a competitive position in
the same or a different industry;
(B) Gives adequate consideration to the interests of a sufficient
number of separated workers of the firm, by providing for example that
the firm will:
(1) Give a rehiring preference to such workers;
(2) Make efforts to find new work for a number of such workers; and
(3) Assist such workers in obtaining benefits under available
programs.
(C) Demonstrates that the firm will make all reasonable efforts to
use its own resources for economic development, though under certain
circumstances, resources of related firm or major stockholders will
also be considered.
(d) Organizations representing trade injured industries must
demonstrate that the industry is injured by increased imports and that
the activities to be funded will yield some short-term actions that the
industry itself (and individual firms) can and will take toward the
restoration of the industry's international competitiveness.
(1) The emphasis is on practical results that can be implemented in
the near term, and long-term research and development activities are
given low priority.
(2) It is also expected that the industry will continue activities
on its own without the need for continued Federal assistance.
Sec. 315.7 Award requirements.
(a) Award periods are as follows:
(1) TAACs are generally funded for 12 months;
(2) Firms are generally provided assistance over a 2-year period;
and
(3) Organizations representing trade injured industries are
generally funded for 12 months.
(b) Matching requirements are as follows:
(1) There are no matching requirements for certification assistance
provided by the TAACs to firms or for administrative expenses for the
TAACs;
(2) All adjustment proposals and implementation assistance must
include not less than 25% nonfederal match, provided to the extent
practicable, by firms being assisted; and
(3) Contributions of at least 50% of the total project cash cost,
in addition to appropriate in kind contribution, are expected from
organizations representing trade injured industries.
Subpart B--Trade Adjustment Assistance Centers
Sec. 315.8 Purpose and scope.
(a) Trade Adjustment Assistance Centers (TAACs) are available to
assist firms in all fifty states, the District of Columbia and the
Commonwealth of Puerto Rico in obtaining adjustment assistance. TAACs
provide technical assistance in accordance with this subpart either
through their own staffs or by arrangements with outside consultants.
Information concerning TAACs serving particular areas can be obtained
from EDA (See part 300 of this chapter).
(b) Prior to submitting a request for technical assistance to EDA,
a firm should determine the extent to which the required technical
assistance can be provided through a TAAC. EDA will provide technical
assistance through TAACs whenever EDA determines that such assistance
can be provided most effectively in this manner. Requests for technical
assistance will normally be made through TAACs.
(c) TAACs generally provide technical assistance to a firm by
providing the following:
(1) Assistance to a firm in preparing its petition for
certification;
(2) Assistance to a certified firm in diagnosing its strengths and
weaknesses and developing an adjustment proposal for the firm; and
(3) Assistance to a certified firm in the implementation of the
adjustment proposal for the firm.
Subpart C--Certification of Firms
Sec. 315.9 Certification requirements.
A firm will be certified eligible to apply for adjustment
assistance based upon the petition for certification if EDA determines,
under section 251(c) of the Trade Act, that:
(a) A significant number or proportion of workers in such firm have
become or are threatened to become totally or partially separated;
[[Page 49699]]
(b) Either sales or production, or both of the firm have decreased
absolutely; or sales or production, or both of any article that
accounted for not less than 25 percent of the total production or sales
of the firm during the 12-month period preceding the most recent 12-
month period for which data are available have decreased absolutely;
and
(c) Increases of imports (absolute or relative to domestic
production) of articles like or directly competitive with articles
produced by such firm contributed importantly to such total or partial
separation or threat thereof, and to such decline in sales or
production; provided that imports will not be considered to have
contributed importantly if other factors were so dominant, acting
singly or in combination, that the worker separation or threat thereof,
or decline in sales or production would have been essentially the same
irrespective of the influence of imports.
Sec. 315.10 Processing petitions for certification.
(a) Firms are encouraged to consult with a TAAC or EDA for guidance
and assistance in the preparation of their petitions for certification.
(b) A firm seeking certification shall complete a petition (OMB
Control Number 0610-0091) in the form prescribed by EDA with the
following information about such firm:
(1) Identification and description of the firm, including legal
form of organization, economic history, major ownership interests,
officers, directors, management, parent company, subsidiaries or
affiliates, and production and sales facilities;
(2) Description of goods and services produced and sold;
(3) Description of imported articles like or directly competitive
with those produced;
(4) Data on its sales, production and employment for the 3 most
recent years;
(5) Copies of its audited financial statements or if not available
unaudited financial statements and Federal income tax returns for the 3
most recent years;
(6) Copies of unemployment insurance reports for the 3 most recent
years;
(7) Information concerning its major customers and their purchases;
and
(8) Such other information as EDA may consider material.
(c) EDA shall determine whether the petition has been properly
prepared and can be accepted. Immediately thereafter, EDA shall notify
the petitioner that the petition has been accepted or advise the
petitioner that the petition has not been accepted, but may be
resubmitted at any time without prejudice when the specified
deficiencies have been corrected and the resubmission will be treated
as a new petition.
(d) A notice of acceptance of a petition shall be published in the
Federal Register.
(e) An investigation shall be initiated by EDA to determine whether
the petitioner meets requirements set forth in section 251(c) of the
Trade Act and Sec. 315.9 above. The investigation can be terminated at
any time for failure to meet such requirements. A report of this
investigation shall become part of the record upon which a
determination of the petitioner's eligibility to apply for adjustment
assistance shall be made.
(f) A petitioner may withdraw a petition for certification if a
request for withdrawal is received by EDA before a certification
determination or denial is made. Such firm may submit a new petition at
any time thereafter in accordance with the requirements of this section
and Sec. 315.9.
(g) Following acceptance, EDA shall decide what action to take on
petitions for certification as follows:
(1) Make a determination based on the record as soon as possible
after all material has been submitted. In no event may the period
exceed 60 days from the date on which the petition was accepted; and
(2) Either certify the petitioner eligible to apply for adjustment
assistance or deny the petition, and in either event EDA shall promptly
give notice of the action in writing to the petitioner. A notice to the
petitioner or any parties requesting notice as specified in
Sec. 315.10(d) of a denial of a petition shall specify the reasons upon
which the denial is based. If a petition is denied, the petitioner
shall not be entitled to resubmit its petition within one year from the
date of the denial. At the time of the denial of a petition EDA may
waive the 1-year limitation for good cause.
Sec. 315.11 Hearings, appeals and final determinations.
(a) Any petitioner may appeal to EDA from a denial of certification
provided that the appeal is received by EDA in writing by personal
delivery or by registered or certified mail within 60 days from the
date of notice of denial under Sec. 315.10(g). The appeal shall state
the grounds on which the appeal is based, including a concise statement
of the supporting facts and law. The decision of EDA on the appeal
shall be the final determination within the Department of Commerce. In
the absence of an appeal by the petitioner under this paragraph, such
final determination shall be determined under Sec. 315.10(g).
(b) A firm, its representative or any other interested domestic
party aggrieved by a final determination under paragraph (a) of this
section may, within 60 days after notice of such determination, begin a
civil action in the United States Court of International Trade for
review of such determination in accordance with section 284 of the
Trade Act (19 U.S.C. 2395).
(c) EDA will hold a public hearing on an accepted petition not
later than 10 days after the date the publication of the Notice of
Acceptance in the Federal Register if requested by either the
petitioner or any other person found by EDA to have a substantial
interest in the proceedings, under procedures, as follows:
(1) The petitioner and other interested persons shall have an
opportunity to be present, to produce evidence, and to be heard;
(2) A request for public hearing must be delivered by hand or by
registered mail to EDA. A request by a person other than the petitioner
shall contain:
(i) The name, address, and telephone number of the person
requesting the hearing; and
(ii) A complete statement of the relationship of the person
requesting the hearing to the petitioner and the subject matter of the
petition, and a statement of the nature of its interest in the
proceedings.
(3) If EDA determines that the requesting party does not have a
substantial interest in the proceedings, a written notice of denial
shall be sent to the requesting party. The notice shall specify the
reasons for the denial;
(4) EDA shall publish a notice of a public hearing in the Federal
Register, containing the subject matter, name of petitioner, and date,
time and place of hearing;
(5) EDA shall appoint the presiding officer of the hearing who
shall determine all procedural questions;
(6) Procedures for requests to appear are as follows:
(i) Within 5 days after publication of the Notice of Public Hearing
in the Federal Register, each party wishing to be heard must file a
request to appear with EDA. Such request may be filed by:
(A) The party requesting such hearing;
(B) Any other party with substantial interest; or
(C) Any other party demonstrating to the satisfaction of the
presiding officer that it should be allowed to be heard.
(ii) The party filing the request shall submit the names of the
witnesses and a summary of the evidence it wishes to present; and
[[Page 49700]]
(iii) Such requests to appear may be approved as deemed appropriate
by the presiding officer.
(7) Witnesses will testify in the order and for the time designated
by the presiding officer, except that the petitioner shall have the
opportunity to make its presentation first. After testifying, a witness
may be questioned by the presiding officer or his/her designee. The
presiding officer may allow any person who has been granted permission
to appear to question the witnesses for the purpose of assisting him/
her in obtaining relevant and material facts on the subject matter of
the hearing;
(8) The presiding officer may exclude evidence which s/he deems
improper or irrelevant. Formal rules of evidence shall not be
applicable. Documentary material must be of a size consistent with ease
of handling, transportation, and filing. Large exhibits may be used
during the hearing, but copies of such exhibits must be provided in
reduced size for submission as evidence. Two copies of all documentary
evidence must be furnished to the presiding officer during the hearing;
(9) Briefs may be presented to the presiding officer by parties who
have entered an appearance. Three copies of such briefs shall be filed
with the presiding officer within 10 days of the completion of the
hearing; and
(10) Procedures for transcripts are as follows:
(i) All hearings will be transcribed. Persons interested in
transcripts of the hearings may inspect them at the U.S. Department of
Commerce in Washington, DC, or purchase copies as provided in 15 CFR
part 4, Public Information; and
(ii) Confidential business information as determined by EDA shall
not be a part of the transcripts. Any confidential business information
may be submitted directly to the presiding officer prior to the
hearing. Such information shall be labeled Confidential Business
Information. For the purpose of the public record, a brief description
of the nature of the information shall be submitted to the presiding
officer during the hearing.
Sec. 315.12 Termination of certification and procedure.
(a) Whenever EDA determines that a certified firm no longer
requires adjustment assistance or for other good cause, EDA will
terminate the certification and promptly publish notice of such
termination in the Federal Register. The termination will take effect
on the date specified in the Notice.
(b) EDA shall immediately notify the petitioner and shall state the
reasons for such termination.
Sec. 315.13 Loss of certification benefits.
A firm may fail to obtain benefits of certification, regardless of
whether its certification is terminated for any of the following
reasons:
(a) Failure to submit an acceptable adjustment proposal within 2
years after date of certification. While approval of an adjustment
proposal may occur after the expiration of such 2-year period, an
acceptable adjustment proposal must be submitted before such
expiration;
(b) Failure to submit documentation necessary to start
implementation or modify its request for adjustment assistance
consistent with its adjustment proposal within 6 months after approval
of the adjustment proposal and 2 years have elapsed since the date of
certification. If the firm anticipates that a longer period will be
required to submit documentation, such longer period should be
indicated in its adjustment proposal. If the firm becomes unable to
submit its documentation within the allowed time, it should notify EDA
in writing of the reasons for the delay and submit a new schedule. EDA
has the discretion to accept or refuse a new schedule;
(c) If the firm's request for adjustment assistance has been
denied, the time period allowed for the submission of any documentation
in support of such request has expired, and 2 years have elapsed since
the date of certification; or
(d) Failure to diligently pursue an approved adjustment proposal,
and 2 years have elapsed since the date of certification.
Subpart D--Assistance to Industries
Sec. 315.14 Assistance to firms in import-impacted industries.
(a) Whenever the International Trade Commission makes an
affirmative finding under section 202(B) of the Trade Act that
increased imports are a substantial cause of serious injury or threat
thereof with respect to an industry, EDA shall provide to the firms in
such industry, assistance in the preparation and processing of
petitions and applications for benefits under programs which may
facilitate the orderly adjustment to import competition of such firms.
(b) EDA may provide technical assistance, on such terms and
conditions as EDA deems appropriate for the establishment of industry
wide programs for new product development, new process development,
export development or other uses consistent with the purposes of this
part.
(c) Expenditures for technical assistance under this section may be
up to $10,000,000 annually per industry and shall be made under such
terms and conditions as EDA deems appropriate.
PART 316--GENERAL REQUIREMENTS FOR FINANCIAL ASSISTANCE
Sec.
316.1 Environment.
316.2 Certification as to waste treatment.
316.3 Excess capacity.
316.4 Nonrelocation.
316.5 Electric and gas facilities.
316.6 Procedures in disaster areas.
316.7 Project servicing for loans and loan guarantees.
316.8 Public information.
316.9 Relocation assistance and land acquisition policies.
316.10 Additional requirements; Federal policies and procedures.
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Title II, Chapter 3 of the Trade Act of 1974, as amended, (42
U.S.C. 2341-2355); Department of Commerce Organization Order 10-4,
as amended (40 FR 56702, as amended).
Sec. 316.1 Environment.
(a) The purpose of this section is to ensure proper environmental
review of EDA's actions under PWEDA and the Trade Act and to comply
with the Federal environmental statutes and regulations in making a
determination that balances economic development and environmental
enhancement and mitigates adverse environmental impacts to the extent
possible.
(b) Environmental assessments of EDA actions will be conducted in
accordance with the statutes, regulations, and Executive Orders listed
below. This list will be supplemented and modified, as applicable, in
EDA's annual FY NOFA.
(1) National Environmental Policy Act of 1969 (NEPA), Pub. L. 91-
190, as amended, 42 U.S.C. 4321 et seq. as implemented under 40 CFR
parts 1500 et seq.;
(2) Clean Air Act, Pub. L. 88-206 as amended, 42 U.S.C. 7401 et
seq.;
(3) Clean Water Act (Federal Water Pollution Control Act), c. 758,
62 Stat. 1152 as amended, 33 U.S.C. 1251 et seq.;
(4) Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), Pub. L. 96-510, as amended, 42 U.S.C.
9601 et seq. and the Superfund Amendments and Reauthorization Act of
1986 (SARA), Pub. L. 99-499, as amended;
(5) Floodplain Management Executive Order 11988 (May 24, 1977);
(6) Protection of Wetlands Executive Order 11990 (May 24, 1977);
[[Page 49701]]
(7) Resource Conservation and Recovery Act of 1976, Pub. L. 94-580
as amended, 42 U.S.C. 9601 et seq.;
(8) Historical and Archeological Data Preservation Act, Pub. L. 86-
523, as amended, 16 U.S.C. 469a-1 et seq.;
(9) National Historic Preservation Act of 1966, Pub. L. 89-665, as
amended, 16 U.S.C. 470 et seq.;
(10) Endangered Species Act of 1973, Pub. L. 93-205, as amended, 16
U.S.C. 1531 et seq.;
(11) Coastal Zone Management Act of 1972, Pub. L. 92-583, as
amended, 16 U.S.C. 1451 et seq.;
(12) Flood Disaster Protection Act of 1973, Pub. L. 93-234, as
amended, 42 U.S.C. 4002 et seq.;
(13) Safe Drinking Water Act of 1974, Pub. L. 92-523, as amended,
42 U.S.C. 300f-j26;
(14) Wild and Scenic Rivers Act, Pub. L. 90-542, as amended, 16
U.S.C. 1271 et seq.;
(15) Environmental Justice in Minority Populations and Low-Income
Populations Executive Order 12898 (February 11, 1994);
(16) Farmland Protection Policy Act, Pub. L. 97-98, as amended, 7
U.S.C. 4201 et seq.; and
(17) Other Federal Environmental Statutes and Executive Orders as
applicable.
Sec. 316.2 Certification as to waste treatment.
Whenever the Environmental Protection Agency (EPA) has established
a permitting and enforcement system for the regulation and monitoring
of the design and operation of wastewater treatment plants which is
delegated to the states for certification, EDA under PWEDA will accept
such state certifications in lieu of certification by EPA.
Sec. 316.3 Excess capacity.
(a) All projects funded by EDA under PWEDA are subject to section
702 of PWEDA and EDA shall determine section 702 compliance based on
the following:
(1) A Section 702 study;
(2) A Section 702 report; or
(3) A Section 702 exemption.
(b) Definitions: For purposes of Sec. 316.3 only:
Capacity means the maximum amount of goods or services that can be
produced or supplied by existing competitive enterprises using existing
facilities.
Demand means the amount of goods or services consumers in the
market area are willing to buy at current prices.
Efficient Capacity means that part of capacity produced or supplied
through the use of contemporary structures, machinery and equipment,
designs and technologies.
Existing Competitive Enterprise means an established facility which
either produces the same product or supplies the same service to all or
a substantial part of the market area.
Market Area means the geographic area within which products and/or
services compete for purchase by customers.
Primary Beneficiary means one or more firms within the same
industry which may reasonably be expected to use 50 percent or more of
the capacity of an EDA-financed facility(ies) in order to expand the
supply of goods or services sold in competition with other producers or
suppliers of such goods or services.
(c) For certain types of EDA projects, a section 702 study of
competitive impact will be used as a basis for a decision by EDA that
such project would not violate section 702 of PWEDA. A section 702
study is required when either of the following situations exists:
(1) Where a primary beneficiary is present; or
(2) When EDA so determines.
(d) The following procedures shall be followed to the extent
necessary to provide EDA with sufficient information to prepare a 702
study:
(1) The primary beneficiary shall submit as part of the project
selection process the following information with regard to each product
or service affected by the project:
(i) A detailed description;
(ii) Current and projected amount and value of annual sales;
(iii) Distribution channel(s) and geographic marketing area; and
(iv) Name of other suppliers and amount presently available in the
market area.
(2) If the primary beneficiary has conducted or commissioned a
market study supporting the proposed project, such market study shall
be made available to EDA early in the project selection process for
verification and possible use by EDA as a basis for the 702 study or
report.
(e) A section 702 report (a summary of supply/demand factors) will
form an acceptable basis on which to make a section 702 compliance
finding when the characteristics described in paragraph (c) (1) or (2)
of this section are present and in addition, it is readily apparent
that the resulting increase in output alleviates a shortage of goods or
services in the market area.
(f) EDA will make a blanket finding of compliance with section 702
of PWEDA for those projects which have one or more of the following
characteristics:
(1) The project has no primary beneficiary;
(2) The beneficiary's projected new or additional annual output is
less than 1 percent of the last recorded annual output in the market
area;
(3) The project will replace or restore capacity recently destroyed
by flood, fire, wind, or other natural disaster;
(4) The project will assure the retention of the physical capacity
and/or employment;
(5) The project will replace, rebuild or modernize, within the same
labor market area, facilities displaced by official governmental
action;
(6) The project assures completion of a project previously assisted
by EDA where further funding is required because of revised project
cost estimates, rather than for additional productive capacity;
(7) When the purpose of research or evaluation grants or
cooperative agreements is to determine the causes of or to assist in
the formulation of programs to address, or to provide personnel needed
to conduct programs concerning unemployment, underemployment,
underdevelopment, or chronic depression;
(8) When the purpose of planning grants to state or local
governments, or regional or area organizations is to fund
administrative expenses of a planning process or for the preparation of
economic development plans or programs;
(9) When a technical assistance grant is not designed to assist a
specific firm or group of firms or lead directly to expanded productive
capacity or output of specific goods or services for sale in a
designated market area; and
(10) PWIP projects.
Sec. 316.4 Nonrelocation.
(a) General requirements for nonrelocation for funding under PWEDA
are as follows:
(1) EDA financial assistance will not be used to assist employers
who transfer jobs from one commuting area to another. A commuting area
(``area'') is that area defined by the distance people travel to work
in the locality of the project receiving EDA financial assistance;
(2) Every applicant for EDA financial assistance has an affirmative
duty to inform EDA of any employer who will benefit from such
assistance who will transfer jobs (not persons) in connection with the
EDA grant;
(3) EDA will determine compliance with this requirement prior to
grant award based upon information provided
[[Page 49702]]
by the applicant during the project selection process; and
(4) Each applicant and identified primary beneficiary of EDA
assistance, which for purposes of this section means an entity
providing the economic justification for the project, must submit its
certification of compliance with this section, and other applicable
information as determined by EDA.
(b) The nonrelocation requirements stated in paragraph (a) of this
section shall not apply to businesses which:
(1) Relocated to the area prior to the date of applicant's request
for EDA assistance;
(2) Have moved or will move into the area primarily for reasons
which have no connection to the EDA assistance;
(3) Will expand employment in the area where the project is to be
located substantially beyond employment in the area in which the
business had originally been located;
(4) Are relocating from technologically obsolete facilities to be
competitive;
(5) Are expanding into the new area by adding a branch, affiliate,
or subsidiary while maintaining employment levels in the old area or
areas; or
(6) Are determined by EDA to be exempt.
Sec. 316.5 Electric and gas facilities.
(a) General requirements for funding under PWEDA are as follows:
(1) Except for those types of facilities listed in paragraph
(a)(2), (b) and (c) of this section, no financial assistance authorized
under PWEDA will be used to finance:
(i) The cost of facilities for the generation, transmission, or
distribution of electrical energy; or
(ii) For the production or transmission of natural, manufactured or
mixed gas.
(2) Electric or gas facilities are eligible to receive EDA funding
under PWEDA if they meet the following requirements:
(i) Those specifically authorized by Congress; or
(ii) If not funded, jobs will be lost or reduced or new jobs will
not be created, provided the following findings are made:
(A) EDA determines that project financing is not available from
private lenders or other Federal agencies on terms which, in the
opinion of EDA, would permit completion and operation of the project;
and
(B) The Federal or state agency regulating such facility makes one
of the following determinations:
(1) There would not be any competition with existing public
utilities under their jurisdiction in public rate charges; and
(2) There would be such competition as described in paragraph
(a)(2)(ii) (B)(1) of this section, but existing public utilities are
unable or unwilling to meet the increase in demand for such energy.
(b) Electrical facilities may also be funded if such funds would be
used for:
(1) An internal electrical system (system) on the consumer side of
the distribution metering station, including for example, conductors,
conduits, structures, switchgear, transformers and other appurtenances;
provided such system meets the following requirements:
(i) It is owned by the owner of all or a portion of the facility
served by such system; and
(ii) Electricity carried on such system will not be resold.
(2) Standby electrical generating equipment, provided that such
equipment is:
(i) Incapable of and not intended to provide service on a regular
and continuous basis; and
(ii) Needed to prevent significant damage or harm resulting from a
power failure.
(3) Facilities for replacement or expansion of existing public
utilities when the area served will remain unchanged;
(4) Otherwise eligible components of projects which generate
electricity but which also have other purposes, such as heating; or
(5) Electrical generation facilities which use waste as an
alternative to conventional fuels.
(c) Gas facilities, including those needed for local storage,
regulation and consumer metering, may also be funded if for the
distribution of gas from the plant and metering station to consumers
within a particular area.
Sec. 316.6 Procedures in disaster areas.
When non-statutory EDA administrative or procedural conditions for
financial assistance award cannot be met by applicants under PWEDA as
the result of a disaster, EDA may waive such conditions.
Sec. 316.7 Project servicing for loans and loan guarantees.
EDA will provide project servicing to borrowers and lenders who
received EDA loans and/or guaranteed loans under any programs
administered by EDA. This includes but is not limited to loans under
PWEDA, the Trade Act and the Community Emergency Drought Relief Act of
1977.
(a) EDA will continue to monitor such loans and guarantees in
accordance with the loan or guarantee program.
(b) Borrowers/lenders shall submit to EDA any requests for
modifications of their agreements with EDA. EDA shall, in accordance
with applicable laws and policies, including the Federal Credit Reform
Act of 1990 (2 U.S.C. 661 c(e)), consider and respond to such
modification requests.
(c) In the event that EDA determines it necessary or desirable to
take actions to protect or further the interests of EDA in connection
with loans or guarantees made or evidences of indebtedness purchased,
EDA may:
(1) Assign or sell at public or private sale, or otherwise dispose
of for cash or credit, in its discretion and upon such terms and
conditions as it shall determine to be reasonable, any evidence of
debt, contract, claim, personal or real property, or security assigned
to or held by it in connection with financial assistance extended;
(2) Collect or compromise all obligations assigned to or held by it
in connection with EDA financial assistance projects until such time as
such obligations may be referred to the Attorney General for suit or
collection; and
(3) Take any and all other actions determined by it to be necessary
or desirable in purchasing, servicing, compromising, modifying,
liquidating, or otherwise administratively dealing with or realizing on
loans or guaranties made or evidences of indebtedness purchased.
Sec. 316.8 Public information.
The rules and procedures regarding public access to the records of
the Economic Development Administration are found at 15 CFR part 4.
Sec. 316.9 Relocation assistance and land acquisition policies.
Recipients of EDA financial assistance under PWEDA and the Trade
Act (states and political subdivisions of states and non-profits as
applicable) are subject to requirements set forth at 15 CFR part 11.
Sec. 316.10 Additional requirements; Federal policies and procedures.
Grantees as defined under Sec. 314.2 of this chapter are subject to
all Federal laws and to Federal, Department of Commerce and EDA
policies, regulations, and procedures applicable to Federal financial
assistance awards.
PART 317--CIVIL RIGHTS
Sec.
317.1 Civil rights.
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Department of Commerce Organization Order 10-4, as amended
(40 FR 56702, as amended).
[[Page 49703]]
Sec. 317.1 Civil rights.
(a) Discrimination is prohibited in programs receiving federal
financial assistance from EDA in accordance with the following
authorities:
(1) Section 601 of Title VI of the Civil Rights Act of 1964,
codified at 42 U.S.C. 2000d et seq. (proscribing discrimination on the
basis of race, color, or national origin), and the Department of
Commerce's implementing regulations found at 15 CFR part 8;
(2) 42 U.S.C. 3123 (proscribing discrimination on the basis of
sex);
(3) 29 U.S.C. 794, as amended, and the Department of Commerce's
implementing regulations found at 15 CFR part 8b (proscribing
discrimination on the basis of disabilities);
(4) 42 U.S.C. 6101, as amended, and the Department of Commerce's
implementing regulations found at 15 CFR part 20; and
(5) Other Federal statutes, regulations and Executive Orders as
applicable.
(b)(1) Definitions:
(1) Other Parties means, as an elaboration of the definition in 15
CFR part 8, entities which, or which are intended to create and/or save
15 or more permanent jobs as a result of EDA assistance provided that
they are also either specifically named in the application as
benefitting from the project, or are or will be located in an EDA
building, port, facility, or industrial, commercial or business park
prior to EDA's final disbursement of funds awarded for the project.
(2) Additional definitions are provided in EDA's Civil Rights
Guidelines and 15 CFR part 8.
(c) All recipients of EDA financial assistance under PWEDA and the
Trade Act, and Other Parties are required to submit the following to
EDA:
(1) Written assurances that they will comply with Department of
Commerce and EDA regulations, and such other requirements as may be
applicable, prohibiting discrimination;
(2) Employment data (form ED-612);
(3) Information on civil rights status and involvement in charges
of discrimination in employment or the provision of services during the
2 years previous to the date of submission of such data as follows:
(i) Description of the status of any lawsuits, complaints or the
results of compliance reviews; and
(ii) Statement indicating any administrative findings by a Federal
or State agency.
(4) Whenever deemed necessary by EDA to determine that applicants
and other parties are in compliance with civil rights regulations, such
applicants and other parties shall submit additional information in the
form and manner requested by EDA; and
(5) In addition to employment record requirements found in 15 CFR
8.7, complete records on all employees and applicants for employment,
including information on race, sex, national origin, age, education and
job-related criteria must be retained by employers.
(d) To enable EDA to determine that there is no discrimination in
the distribution of benefits in projects which provide service
benefits, in addition to requirements listed in paragraph (c) of this
section, applicants are required to submit any other information EDA
may deem necessary for such determination.
(e) EDA assisted planning organizations must meet the following
requirements:
(1) For the selection of representatives, EDA expects planning
organizations and OEDP Committees to take appropriate steps to ensure
that there is adequate representation of minority and low-income
populations, women, people with disabilities and Federal and State
recognized American Indian tribes and that such representation is
accomplished in a nondiscriminatory manner; and
(2) EDA assisted planning organizations and OEDP Committees shall
take appropriate steps to ensure that no individual will be subject to
discrimination in employment because of their race, color, national
origin, sex, age or disability.
(f) Reporting and other procedural matters are set forth in 15 CFR
parts 8, 8(b), 8(c), and 20 and the Civil Rights Guidelines which are
available from EDA's Regional Offices. See part 300 of this chapter.
PART 318--[RESERVED]
Dated: September 18, 1995.
Wilbur F. Hawkins,
Acting Assistant Secretary for Economic Development.
[FR Doc. 95-23522 Filed 9-25-95; 8:45 am]
BILLING CODE 3510-34-P
