Solicitation of Applications for the FY 2009 EDA American Recovery Program Pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, 123 Stat. 115 (2009), 10232-10237 [E9-5081]
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Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Notices
questions of clarification from Panel
members or Forest Service staff. Persons
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review matters to the attention of the
Panel may file written statements with
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March 3, 2009.
Faye L. Krueger,
Deputy Regional Forester.
[FR Doc. E9–4946 Filed 3–9–09; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF COMMERCE
Economic Development Administration
[Docket No. 090227253–9254–01]
Solicitation of Applications for the FY
2009 EDA American Recovery Program
Pursuant to the American Recovery
and Reinvestment Act of 2009, Public
Law 111–5, 123 Stat. 115 (2009)
AGENCY: Economic Development
Administration (EDA), Department of
Commerce.
ACTION: Notice and request for
applications.
SUMMARY: Pursuant to the American
Recovery and Reinvestment Act of 2009,
EDA announces general policies and
application procedures for grant-based
investments for the EDA American
Recovery Program under the auspices of
the Public Works and Economic
Development Act of 1965, as amended,
that will promote comprehensive,
entrepreneurial and innovation-based
economic development efforts to
enhance the competitiveness of regions,
resulting in increased private
investment and higher-skill, higherwage jobs in regions that have
experienced sudden and severe
economic dislocation and job loss due
to corporate restructuring.
DATES: Applications are accepted on a
continuing basis and processed as
received. Applications may be
submitted electronically in accordance
with the instructions provided at
https://www.grants.gov or mailed to the
applicable EDA regional office listed
below under ‘‘Addresses and Telephone
Numbers for EDA’s Regional Offices.’’
Application Submission
Requirements: Applicants are advised to
read carefully the instructions contained
in section IV of the complete Federal
funding opportunity (FFO)
announcement for this request for
applications. To access the FFO
announcement, please see the Web sites
listed below under ‘‘Electronic Access.’’
On October 1, 2008, EDA published a
notice in the Federal Register (73 FR
57049) to introduce its new, streamlined
Application for Investment Assistance
(Form ED–900), which consolidates all
EDA-specific requirements into a single
application form. EDA will continue to
require additional government-wide
Federal grant assistance forms from the
Standard Form (SF) 424 family and
certain Department of Commerce (CD)
forms as part of the application package.
The specific SF forms required with the
Form ED–900 depend on whether the
applicant seeks construction or nonconstruction assistance.
Applicants seeking assistance for a
project with construction components
are required to complete and submit the
following:
(i) Form ED–900 (Application for
Investment Assistance);
(ii) Form SF–424 (Application for
Federal Assistance);
(iii) Form SF–424C (Budget
Information—Construction Programs);
(iv) Form SF–424D (Assurances—
Construction Programs); and
(v) Form CD–511 (Certification
Regarding Lobbying).
Applicants seeking assistance for a
project without construction
components are required to complete
and submit the following forms:
(i) Form ED–900 (Application for
Investment Assistance);
(ii) Form SF–424 (Application for
Federal Assistance);
(iii) Form SF–424A (Budget
Information—Non-Construction
Programs);
(iv) Form SF–424B (Assurances—
Non-Construction Programs); and
(v) Form CD–511 (Certification
Regarding Lobbying).
Applicants for both construction and
non-construction assistance may be
required to submit to an individual
background screening on the form titled
Applicant for Funding Assistance (Form
CD–346) and to provide certain lobbying
information using the form titled
Disclosure of Lobbying Activities (Form
SF–LLL). The Form ED–900 provides
detailed guidance to help the applicant
assess whether Forms CD–346 and SF–
LLL are required and how to access
them.
Content and Form of the Form ED–
900: The applicant is advised to read
carefully the instructions contained in
this notice, the complete FFO
announcement, and all forms contained
in the appropriate application package.
It is the sole responsibility of the
applicant to ensure that the appropriate
application package is complete and
received by EDA.
The Form ED–900 is divided into
lettered sections that correspond to
specific EDA program components that
address all of EDA’s statutory and
regulatory requirements. Based on the
program under which the applicant
seeks assistance, the following table
details the sections and exhibits in the
Form ED–900 that the applicant must
complete. Under this notice and request
for applications, EDA will consider
applications for funding under its
Public Works and Economic Adjustment
Assistance programs only. This table
also is provided on the first page of
Section A to Form ED–900.
EDA program
Required Form ED–900 sections
Public Works ...................................
Economic Adjustment .....................
Complete Sections A, B, and M and Exhibits A, D and E.
Complete Sections A, B, and K and Exhibit C. Also complete Sections M and Exhibits A, D, and E if request has construction components, and Section N if the request has only design/engineering requirements. Complete Section E if the request has no construction components.
Complete Sections A, B, E, K, and L and Exhibit C.
Complete Sections A, B, and N and Exhibit C.
Revolving Loan Fund ......................
Design and Engineering .................
Addresses and Telephone Numbers
for EDA’s Regional Offices: Applicants
eligible for assistance under this notice
may request paper (hardcopy)
application packages by contacting the
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applicable EDA regional office servicing
your geographic area listed below.
Alternatively, applicants may obtain the
application packages electronically at
https://www.grants.gov. All components
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of the appropriate application package
may be accessed and downloaded (in a
screen-fillable format) at https://
www.grants.gov/applicants/
apply_for_grants.jsp.
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Economic Development
Administration, Atlanta Regional Office,
401 West Peachtree Street, NW., Suite
1820, Atlanta, Georgia 30308.
Telephone: (404) 730–3002, Fax: (404)
730–3025.
Serves: Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina,
South Carolina and Tennessee.
Economic Development
Administration, Austin Regional Office,
504 Lavaca Street, Suite 1100, Austin,
Texas 78701.
Telephone: (512) 381–8144, Fax: (512)
381–8177.
Serves: Arkansas, Louisiana, New
Mexico, Oklahoma and Texas.
Economic Development
Administration, Chicago Regional
Office, 111 North Canal Street, Suite
855, Chicago, Illinois 60606.
Telephone: (312) 353–7706, Fax: (312)
353–8575.
Serves: Illinois, Indiana, Michigan,
Minnesota, Ohio, Wisconsin and
Muscatine and Scott counties, Iowa.
Economic Development
Administration, Denver Regional Office,
410 17th Street, Suite 250, Denver,
Colorado 80202.
Telephone: (303) 844–4714, Fax: (303)
844–3968.
Serves: Colorado, Iowa (excluding
Muscatine and Scott counties), Kansas,
Missouri, Montana, Nebraska, North
Dakota, South Dakota, Utah and
Wyoming.
Economic Development
Administration, Philadelphia Regional
Office, Curtis Center, 601 Walnut Street,
Suite 140 South, Philadelphia,
Pennsylvania 19106.
Telephone: (215) 597–4603, Fax: (215)
597–1063.
Serves: Connecticut, Delaware,
District of Columbia, Maine, Maryland,
Massachusetts, New Hampshire, New
Jersey, New York, Pennsylvania, Puerto
Rico, Rhode Island, Vermont, U.S.
Virgin Islands, Virginia and West
Virginia.
Economic Development
Administration, Seattle Regional Office,
Jackson Federal Building, Room 1890,
915 Second Avenue, Seattle,
Washington 98174.
Telephone: (206) 220–7660, Fax: (206)
220–7669.
Serves: Alaska, American Samoa,
Arizona, California, Guam, Hawaii,
Idaho, Republic of Marshall Islands,
Federated States of Micronesia, Nevada,
Northern Mariana Islands, Oregon,
Republic of Palau and Washington.
Alternatively, applicants may obtain
the application package electronically at
https://www.grants.gov. All components
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of the appropriate application package
may be accessed and downloaded (in a
screen-fillable format) at https://
www.grants.gov/applicants/
apply_for_grants.jsp.
Application Submission Formats:
Applications may be submitted either (i)
in paper (hardcopy) format to the
applicable regional office address
provided above; or (ii) electronically in
accordance with the procedures
provided at https://www.grants.gov. The
content of applications is the same for
paper submissions as it is for electronic
submissions. EDA will not accept
facsimile transmissions of applications.
Paper Submissions: An eligible
applicant under this notice may submit
a completed paper application to the
applicable EDA regional office listed
above. The applicant must submit one
original and two copies of the
appropriate completed application
package via postal mail, shipped
overnight, or hand-delivered to the
applicable regional office, unless
otherwise directed by EDA staff.
Department of Commerce mail security
measures may delay receipt of United
States Postal Service mail for up to two
weeks. Therefore, applicants who
submit paper submissions are advised to
use guaranteed overnight delivery
services.
Electronic Submissions: Applicants
are encouraged to submit applications
electronically in accordance with the
instructions provided at https://
www.grants.gov. The preferred file
format for electronic attachments is
portable document format (PDF);
however, EDA will accept electronic
files in Microsoft Word, WordPerfect, or
Microsoft Excel formats. EDA advises
that applicants not wait until the
application closing date to begin the
application process through https://
www.grants.gov. Validation or rejection
of your application by https://
www.grants.gov may take additional
days after your submission. Therefore,
please consider the https://
www.grants.gov validation/rejection
process in developing your application
submission time line.
Applicants should access the
following link for assistance in
navigating https://www.grants.gov and
for a list of useful resources: https://
www.grants.gov/applicants/
applicant_help.jsp. If you do not find an
answer to your question under
Frequently Asked Questions, try
consulting the Applicant’s User Guide.
If you still cannot find an answer to
your question, contact https://
www.grants.gov via e-mail at
support@grants.gov or telephone at 1–
800–518–4726. The hours of operation
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for https://www.grants.gov are MondayFriday, 7 a.m. to 9 p.m. (Eastern Time)
(except for Federal holidays).
FOR FURTHER INFORMATION CONTACT: For
additional information or for a paper
copy of the complete FFO
announcement for the FY 2009 EDA
American Recovery Program, contact
the appropriate EDA regional office
listed above under ‘‘Addresses and
Telephone Numbers for EDA’s Regional
Offices.’’ EDA’s Internet Web site at
https://www.eda.gov also contains
additional information on EDA and its
programs.
SUPPLEMENTARY INFORMATION: Electronic
Access: The FY 2009 EDA American
Recovery Program FFO announcement
is available at https://www.grants.gov
and at https://www.eda.gov/
InvestmentsGrants/FFON.xml.
Background Information on the EDA
American Recovery Program: Under this
notice, EDA requests applications for
the EDA American Recovery Program
under the auspices of the Public Works
and Economic Development Act of
1965, as amended (42 U.S.C. 3121 et
seq.) (PWEDA). EDA will give priority
consideration to those applications that
will significantly benefit regions ‘‘that
have experienced sudden and severe
economic dislocation and job loss due
to corporate restructuring,’’ as stipulated
under the American Recovery and
Reinvestment Act of 2009, Public Law
111–5, 123 Stat. 115 (2009) (Recovery
Act or ARRA). EDA provides financial
assistance to distressed communities in
both urban and rural regions. Such
distress may exist in a variety of forms,
including high levels of unemployment,
low income levels, large concentrations
of low-income families, significant
declines in per capita income, large
numbers (or high rates) of business
failures, sudden major layoffs or plant
closures, trade impacts, military base
closures, natural or other major
disasters, depletion of natural resources,
reduced tax bases, or substantial loss of
population because of the lack of
employment opportunities. EDA’s
experience has shown that regional
economic development to help alleviate
these conditions is effected primarily
through investments and decisions
made by the private sector. EDA will
give preference to applications that
include cash contributions (over in-kind
contributions) as the matching share.
See ‘‘Cost Sharing Requirement’’ below
for more detailed information.
Under the American Recovery
Program, EDA will help restore, replace
and expand economic activity in regions
that have experienced sudden and
severe economic dislocation and job
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loss due to corporate restructuring, and
prioritize projects that will diversify the
economic base and lead to a stronger,
more globally competitive and resilient
regional economy. EDA’s economic
development activities help create jobs
by encouraging business inception and
growth.
EDA will evaluate and select
applications according to the
investment policy guidelines and
funding priorities set out below under
‘‘Evaluation and Selection Procedures.’’
The Recovery Act stipulates the
following specific requirements with
respect to any funds expended or
obligated from appropriations made
thereunder.
1. Limit on Use of Funds. For
purposes of this notice and request for
applications, none of the funds
appropriated or otherwise made
available under ARRA may be used by
any State or local government, or any
private entity, for any casino or other
gambling establishment, aquarium, zoo,
golf course, or swimming pool. See sec.
1604 of ARRA.
2. Certification Requirement. Sec.
1511 mandates that with respect to any
funds made available under ARRA to
State or local governments for
infrastructure investments, the
Governor, mayor, or other chief
executive, as appropriate, must certify
that the infrastructure investment has
received the full review and vetting
required by law and that the chief
executive accepts responsibility that the
infrastructure investment is an
appropriate use of taxpayer dollars. This
certification must include a description
of the investment, the estimated total
cost, and the amount of funds to be
used, and must be posted on the
recipient’s Web site and linked to
https://www.recovery.gov/. A State or
local agency cannot receive
infrastructure investment funding from
funds made available under ARRA
unless this certification is made and
posted. See also sec. 1526 of ARRA.
3. As set out in sec. 1512(c) of ARRA,
no later than ten (10) days after the end
of each calendar quarter, any recipient
that received funds under ARRA from
EDA must submit a report to EDA that
contains:
a. The total amount of recovery funds
received from EDA;
b. The amount of recovery funds
received that were expended or
obligated to projects or activities;
c. A detailed list of all projects or
activities for which recovery funds were
expended or obligated; and
d. Detailed information on any
subcontracts or subgrants awarded by
the recipient to include the data
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elements required to comply with the
Federal Funding Accountability and
Transparency Act of 2006 (Pub. L. No.
109–282), allowing aggregate reporting
on awards below $25,000 or to
individuals, as prescribed by the
Director of the Office of Management
and Budget.
Recipients that must report
information in accordance with
paragraph (d) above must register with
the Central Contractor Registration
database (https://www.ccr.gov/) or
complete other registration
requirements as determined by the
Director of the Office of Management
and Budget. Sec. 1512(d) further
requires that no later than thirty (30)
days after the end of each calendar
quarter, EDA must make the information
in reports submitted under sec. 1512(c)
of ARRA as outlined above publicly
available by posting the information on
a Web site. OMB Memo M–09–10,
‘‘Initial Implementing Guidance for the
American Recovery and Reinvestment
Act of 2009,’’ which can be accessed at
https://www.recovery.gov/, provides
additional information on requirements
for Federal agencies under ARRA.
4. Timely Start and Completion of
Projects. In using funds made available
under ARRA for infrastructure
investments, recipients must give
preference to activities that can be
started and completed expeditiously,
including a goal of using at least 50
percent of the funds for activities that
can be initiated not later than 120 days
after the date of the enactment of the
Act, which was February 17, 2009.
Recipients of EDA investment assistance
under this announcement also must use
grant funds in a manner that maximizes
job creation and economic benefit. See
sec. 1602 of ARRA.
5. ‘‘Buy American’’ Restrictions. Sec.
1605(a) stipulates that any ARRAfunded project ‘‘for the construction,
alteration, maintenance, or repair of a
public building or public work [must
use] iron, steel, and manufactured goods
* * * produced in the United States.’’
The legislation allows for a waiver of
this requirement if EDA determines that:
a. Applying the requirement would be
inconsistent with the public interest;
b. Iron, steel, and the relevant
manufactured goods are not produced in
the United States in sufficient and
reasonably available quantities and of a
satisfactory quality; or
c. The inclusion of iron, steel, and
manufactured goods produced in the
United States will increase the cost of
the overall project by more than 25
percent.
EDA must publish a ‘‘detailed written
justification’’ as to why the requirement
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in sec. 1605(a) is being waived based on
a finding under paragraphs (a), (b) or (c)
above.
6. Davis-Bacon Wage Rate
Requirements. As with all EDA
investments in public works, economic
adjustment assistance, and revolving
loan fund (RLF) projects that finance
construction, awards under this
competitive solicitation will be subject
to Davis-Bacon wage rate requirements.
See section 602 of PWEDA (42 U.S.C.
3212) and sec. 1606 of ARRA.
Funding Availability: The Recovery
Act appropriated $150,000,000 for the
EDA American Recovery Program under
the auspices of PWEDA. These funds
shall remain available for obligation
until September 30, 2010. The law
mandates that $50,000,000 of the
$150,000,000 must be allocated for
economic adjustment assistance under
section 209 of PWEDA (42 U.S.C. 3149).
EDA will allocate the remaining
$100,000,000 to either the Public Works
and Economic Development Facilities
Program or the Economic Adjustment
Assistance Program, depending on the
needs demonstrated among EDA’s six
regional offices, located in Atlanta,
Austin, Chicago, Denver, Philadelphia
and Seattle. Federally authorized
regional economic development
commissions may assist eligible
applicants in submitting applications
under this notice or may seek transfers
directly from EDA.
The funding periods and funding
amounts referenced in this notice and
request for applications are subject to
the availability of funds at the time of
award, as well as to Department of
Commerce and EDA priorities at the
time of award. The Department of
Commerce and EDA will not be held
responsible for application preparation
costs. Publication of this FFO does not
obligate the Department of Commerce or
EDA to award any specific grant or
cooperative agreement or to obligate all
or any part of available funds.
Statutory Authority: The statutory
authorities for the (i) Public Works and
Economic Development Facilities
Program; and (ii) Economic Adjustment
Assistance Program are sections 201 (42
U.S.C. 3141) and 209 (42 U.S.C. 3149)
of PWEDA, respectively. Unless
otherwise provided in this notice or in
the FFO announcement, applicant
eligibility, program objectives and
priorities, application procedures,
evaluation criteria, selection
procedures, and other requirements for
all programs are set forth in EDA’s
regulations (codified at 13 CFR chapter
III), and applicants must adhere to these
requirements. EDA’s regulations and
PWEDA are available at https://
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www.eda.gov/InvestmentsGrants/
Lawsreg.xml. Please note that EDA
funds may not be used directly or
indirectly to reimburse any attorneys’ or
consultants’ fees incurred in connection
with obtaining investment assistance
under this notice and request for
applications. See 13 CFR 302.10.
Catalog of Federal Domestic
Assistance (CFDA) Numbers: 11.300,
Investments for Public Works and
Economic Development Facilities;
11.307, Economic Adjustment
Assistance.
Applicant Eligibility: Pursuant to
PWEDA, eligible applicants for and
eligible recipients of EDA investment
assistance under this announcement
include a(n): (i) District Organization;
(ii) Indian Tribe or a consortium of
Indian Tribes; (iii) State, city or other
political subdivision of a State,
including a special purpose unit of a
State or local government engaged in
economic or infrastructure development
activities, or a consortium of political
subdivisions; (iv) institution of higher
education or a consortium of
institutions of higher education; or (v)
public or private non-profit organization
or association acting in cooperation
with officials of a political subdivision
of a State. See section 3 of PWEDA (42
U.S.C. 3122) and 13 CFR 300.3.
For-profit, private-sector entities and
individuals do not qualify for
investment assistance under the Public
Works or Economic Adjustment
Assistance programs, which are the EDA
programs applicable to this notice and
request for applications. Therefore,
requests from for-profit entities and
individuals may be referred to State or
local agencies, or to non-profit
economic development organizations
serving the region in which the project
will be located.
Economic Distress Criteria: Potential
applicants are responsible for
demonstrating to EDA, by providing
statistics and other appropriate
information, the nature and level of
economic distress in the region in
which the proposed project will be
located. For a Public Works (13 CFR
part 305; CFDA No. 11.300) or an
Economic Adjustment investment (13
CFR part 307; CFDA No. 11.307), the
project must be located in a region that,
on the date EDA receives the
application for investment assistance,
meets one (or more) of the following
economic distress criteria: (i) An
unemployment rate that is, for the most
recent twenty-four (24) month period for
which data are available, at least one (1)
percentage point greater than the
national average unemployment rate; (ii)
per capita income that is, for the most
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recent period for which data are
available, eighty (80) percent or less of
the national average per capita income;
or (iii) a ‘‘Special Need,’’ as determined
by EDA and as discussed in section VII.
of the FFO announcement. See section
301 of PWEDA (42 U.S.C. 3161) and 13
CFR 301.3(a).
Cost Sharing Requirement: Generally,
the amount of the EDA grant may not
exceed fifty (50) percent of the total cost
of the project. Projects may receive an
additional amount that shall not exceed
thirty (30) percent, based on the relative
needs of the region in which the project
will be located, as determined by EDA.
See section 204(a) of PWEDA (42 U.S.C.
3144) and 13 CFR 301.4(b)(1).
In the case of EDA investment
assistance to a(n) (i) Indian Tribe, (ii)
State (or political subdivision of a State)
that the Assistant Secretary determines
has exhausted its effective taxing and
borrowing capacity, or (iii) non-profit
organization that the Assistant Secretary
determines has exhausted its effective
borrowing capacity, the Assistant
Secretary has the discretion to establish
a maximum EDA investment rate of up
to one hundred (100) percent of the total
project cost. See sections 204(c)(1) and
(2) of PWEDA (42 U.S.C. 3144) and 13
CFR 301.4(b)(5). Potential applicants
should contact the appropriate EDA
regional office listed above under
‘‘Addresses and Telephone Numbers for
EDA’s Regional Offices’’ to present
information for EDA’s consideration.
While cash contributions are
preferred, in-kind contributions,
consisting of contributions of space,
equipment, or services, or forgiveness or
assumptions of debt, may provide the
required non-Federal share of the total
project cost. See section 204(b) of
PWEDA (42 U.S.C. 3144). EDA will
fairly evaluate all in-kind contributions,
which must be eligible project costs and
meet applicable Federal cost principles
and uniform administrative
requirements. Funds from other Federal
financial assistance awards are
considered matching share funds only if
authorized by statute, which may be
determined by EDA’s reasonable
interpretation of the statute. See 13 CFR
300.3. The applicant must show that the
matching share is committed to the
project for the project period, will be
available as needed and is not
conditioned or encumbered in any way
that precludes its use consistent with
the requirements of EDA investment
assistance. See 13 CFR 301.5.
Intergovernmental Review:
Applications for assistance under EDA’s
programs are subject to the State review
requirements imposed by Executive
Order 12372, ‘‘Intergovernmental
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Review of Federal Programs.’’ To find
out more about a State’s process under
Executive Order 12372, applicants may
contact their State’s Single Point of
Contact (SPOC). Names and addresses of
some States’ SPOCs are listed at https://
www.whitehouse.gov/omb/grants/
spoc.html.
Evaluation and Selection Procedures:
Each application package is circulated
by a project officer within the applicable
EDA regional office for review and
comments. After all necessary
information has been obtained, the
application is considered by the
regional office’s investment review
committee (IRC), which is comprised of
regional office staff. The IRC discusses
the application and evaluates it on two
levels to (i) determine if it meets the
program-specific award and application
requirements provided in 13 CFR 305.2
for Public Works investments, or 13 CFR
307.2 and 307.4 for Economic
Adjustment Assistance; and (ii) evaluate
each application using the general
evaluation criteria set out in 13 CFR
301.8. These general evaluation criteria
also are provided below under
‘‘Evaluation Criteria.’’
The IRC recommends to the Regional
Director whether an application merits
further consideration, documenting its
recommendation. For quality control
assurance, EDA Headquarters reviews
the IRC’s analysis of the project’s
fulfillment of the investment policy
guidelines set out below under
‘‘Evaluation Criteria.’’ After receiving
quality control clearance, the Selecting
Official, who is the Regional Director,
considers the evaluations provided by
the IRC and the degree to which one or
more of the funding priorities provided
below are included, in making a
decision as to which applications merit
further consideration.
To limit the burden on the applicant,
EDA requests additional documentation
only if EDA determines that the
applicant’s project merits further
consideration. The Form ED–900
provides detailed guidance on
documentation, information, and other
materials that will be requested if, and
only if, EDA selects the project for
further consideration. EDA will inform
the applicant if its application has been
selected for further consideration or if
the application has not been selected for
funding. Unsuccessful applications will
be retained in the EDA regional office in
accordance with EDA’s record retention
schedule.
Evaluation Criteria: EDA will select
applications competitively based on the
investment policy guidelines and
funding priority considerations listed
below. EDA will evaluate the extent to
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which a project embodies the maximum
number of investment policy guidelines
and funding priorities possible and
strongly exemplifies at least one of each.
All investment applications will be
competitively evaluated primarily on
their ability to satisfy one (1) or more of
the following investment policy
guidelines, each of which are of
equivalent weight and also are set forth
in 13 CFR 301.8.
1. Be market-based and results driven.
An EDA investment will capitalize on a
region’s competitive strengths and will
positively move a regional economic
indicator measured on EDA’s Balanced
Scorecard, such as: An increased
number of higher-skill, higher-wage
jobs; increased tax revenue; or increased
private sector investment.
2. Have strong organizational
leadership. An EDA investment will
have strong leadership, relevant project
management experience, and a
significant commitment of human
resources talent to ensure a project’s
successful execution.
3. Advance productivity, innovation
and entrepreneurship. An EDA
investment will embrace the principles
of entrepreneurship, enhance regional
industry clusters, and leverage and link
technology innovators and local
universities to the private sector to
create the conditions for greater
productivity, innovation, and job
creation.
4. Look beyond the immediate
economic horizon, anticipate economic
changes, and diversify the local and
regional economy. An EDA investment
will be part of an overarching, long-term
comprehensive economic development
strategy that enhances a region’s success
in achieving a rising standard of living
by supporting existing industry clusters,
developing emerging new clusters, or
attracting new regional economic
drivers.
5. Demonstrate a high degree of local
commitment by exhibiting:
• High levels of local government or
non-profit matching funds and private
sector leverage;
• Clear and unified leadership and
support by local elected officials; and
• Strong cooperation between the
business sector, relevant regional
partners and local, State and Federal
governments.
Funding Priorities: Priority
consideration will be given to areas of
the Nation that have experienced
sudden and severe economic dislocation
and job loss due to corporate
restructuring. In addition, successful
applications must meet one or more of
the following core criteria (investment
applications that meet more than one
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15:20 Mar 09, 2009
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core criterion will be given more
favorable consideration):
1. Investments in support of longterm, coordinated and collaborative
regional economic development
approaches:
• Establish comprehensive regional
economic development strategies that
identify promising opportunities for
long-term economic growth.
• Exhibit demonstrable, committed
multi-jurisdictional support from
leaders across all sectors:
i. Public (e.g., mayors, city councils,
county executives, senior State
leadership);
ii. Institutional (e.g., institutions of
higher learning);
iii. Non-profit (e.g., chambers of
commerce, development organizations);
and
iv. Private (e.g., leading regional
businesses, significant regional industry
associations).
• Generate quantifiable positive
economic outcomes.
• Make a persuasive case that the
project would not have occurred ‘‘but
for’’ EDA’s investment assistance (e.g., a
project in which EDA’s assistance
represents a substantial share of the
total public infrastructure investment
and which are unlikely to attract public
investment absent specific and discrete
EDA involvement).
2. Investments that support
innovation and competitiveness:
• Develop and enhance the
functioning and competitiveness of
leading and emerging industry clusters
in an economic region.
• Advance technology transfer from
research institutions to the commercial
marketplace.
• Bolster critical infrastructure (e.g.,
transportation, communications,
specialized training) to prepare
economic regions to compete in the
world-wide marketplace.
• Leverage local partnerships and
other Federal programs (e.g., Economic
Development District Organizations,
Trade Adjustment Assistance Centers,
Small Business Development Centers,
Federally authorized regional economic
development commissions, University
Centers, the U.S. Department of Labor’s
Workforce Innovation in Regional
Economic Development (WIRED)
initiative) that increase the project’s
probability of success, as well as its
probability of bringing substantial
benefits to the distressed community in
which it is located.
3. Investments that encourage
entrepreneurship:
• Cultivate a favorable
entrepreneurial environment consistent
with regional strategies.
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• Enable economic regions to identify
innovative opportunities, including use
of business incubators, to promote
growth-oriented small and medium-size
enterprises.
• Promote community and faithbased entrepreneurship programs aimed
at improving economic performance in
an economic region.
• Link the economic benefits of the
project to the distressed community in
which it is located.
4. Investments that support strategies
that link regional economies with the
global marketplace:
• Enable businesses and local
governments to understand that ninetyfive (95) percent of our potential
customers do not live in the United
States.
• Enable businesses, local
governments and key institutions (e.g.,
institutions of higher education) to
understand and take advantage of the
numerous free trade agreements.
• Enable economic development
professionals to develop and implement
strategies that reflect the competitive
environment of the 21st Century global
marketplace.
The Department of Commerce PreAward Notification Requirements for
Grants and Cooperative Agreements:
The administrative and national policy
requirements for all Department of
Commerce awards, contained in the
Department of Commerce Pre-Award
Notification Requirements for Grants
and Cooperative Agreements, published
in the Federal Register on February 11,
2008 (73 FR 7696), are applicable to this
solicitation.
Paperwork Reduction Act: This
document contains collection-ofinformation requirements subject to the
Paperwork Reduction Act (PRA). The
use of Form ED–900 (Application for
Investment Assistance) has been
approved by the Office of Management
and Budget (OMB) under the Control
Number 0610–0094. The use of Forms
SF–424 (Application for Financial
Assistance), SF–424A (Budget
Information—Non-Construction
Programs), SF–424B (Assurances—NonConstruction Programs), SF–424C
(Budget Information—Construction
Programs), and SF–424D (Assurances—
Construction Programs) has been
approved under OMB Control Numbers
4040–0004, 0348–0044, 4040–0007,
4040–0008, and 4040–0009,
respectively. The Form CD–346
(Applicant for Funding Assistance) is
approved under OMB Control Number
0605–0001, and Form SF–LLL
(Disclosure of Lobbying Activities) is
approved under OMB Control Number
0348–0046. Notwithstanding any other
E:\FR\FM\10MRN1.SGM
10MRN1
Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Notices
provision of law, no person is required
to respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA unless
that collection of information displays a
currently valid OMB Control Number.
Executive Order 12866 (Regulatory
Planning and Review): This notice has
been determined to be not significant for
purposes of Executive Order 12866.
Executive Order 13132 (Federalism):
It has been determined that this notice
does not contain policies with
Federalism implications as that term is
defined in Executive Order 13132.
Administrative Procedure Act/
Regulatory Flexibility Act: Prior notice
and an opportunity for public comments
are not required by the Administrative
Procedure Act or any other law for rules
concerning grants, benefits, and
contracts (5 U.S.C. 553(a)(2)). Because
notice and opportunity for comment are
not required pursuant to 5 U.S.C. 553 or
any other law, the analytical
requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are
inapplicable. Therefore, a regulatory
flexibility analysis has not been
prepared.
Dated: March 5, 2009.
Dennis Alvord,
Acting Deputy Assistant Secretary for
Economic Development and Chief Operating
Officer.
[FR Doc. E9–5081 Filed 3–9–09; 8:45 am]
BILLING CODE 3510–24–P
DEPARTMENT OF COMMERCE
Foreign–Trade Zones Board
[Order No. 1607]
Approval of Manufacturing Authority,
Foreign–Trade Zone 76, Bridgeport,
CT, Derecktor Shipyards Conn., LLC
(Shipbuilding)
Pursuant to its authority under the
Foreign–Trade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u) (the Act), the
Foreign–Trade Zones Board (the Board)
adopts the following Order:
Whereas, the Bridgeport Port
Authority, grantee of FTZ 76, has
requested authority under Section
400.28 (a)(2) of the Board’s regulations
on behalf of Derecktor Shipyards Conn.,
LLC, to construct and repair passenger
vessels under FTZ procedures within
FTZ 76 Site 4, Bridgeport, Connecticut
(FTZ Docket 25–2008, filed 4–23–2008);
Whereas, the proposed shipbuilding
and repair activity would be subject to
the ‘‘standard shipyard restriction’’ (full
customs duties paid on steel mill
products);
VerDate Nov<24>2008
15:20 Mar 09, 2009
Jkt 217001
Whereas, notice inviting public
comment has been given in the Federal
Register (73 FR 24219, 5–2–2008);
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations would be satisfied,
and that approval of the application
would be in the public interest;
Now, therefore, the Board hereby
grants authority for the construction and
repair of passenger vessels within FTZ
76 for Derecktor Shipyards Conn., LLC,
as described in the application and
Federal Register notice, subject to the
Act and the Board’s regulations,
including Section 400.28, and the
following special conditions:
1. Any foreign steel mill product
admitted to FTZ 76 for the DSC
activity, including plate, angles,
shapes, channels, rolled steel stock,
bars, pipes and tubes, not
incorporated into merchandise
otherwise classified, and which is
used in manufacturing, shall be
subject to customs duties in
accordance with applicable law,
unless the Executive Secretary
determines that the same item is not
then being produced by a domestic
steel mill.
2. DSC shall meet its obligation under
15 CFR § 400.28(a)(3) by annually
advising the Board’s Executive
Secretary as to significant new
contracts with appropriate
information concerning foreign
purchases otherwise dutiable, so that
the Board may consider whether any
foreign dutiable items are being
imported for manufacturing in the
zone primarily because of FTZ
procedures and whether the Board
should consider requiring customs
duties to be paid on such items.
3. All foreign–origin mooring lines
(HTSUS 5607.50) and linens (HTSUS
Heading 6302) must be admitted to
the zone in privileged foreign status
(19 CFR § 146.41) or domestic (duty–
paid) status (19 CFR § 146.43).
Signed at Washington, DC, this 26th
day of February 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary of Commerce for
Import Administration, Alternate Chairman,
Foreign–Trade Zones Board.
Attest:
Andrew McGilvray,
Executive Secretary.
[FR Doc. E9–5100 Filed 3–9–09; 8:45 am]
BILLING CODE 3510–DS–S
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10237
DEPARTMENT OF COMMERCE
Foreign–Trade Zones Board
[Order No. 1608]
Grant of Authority for Subzone Status,
Wolverine World Wide, Inc. (Footwear
and Apparel), Rockford, Cedar Springs
and Howard City, MI
Pursuant to its authority under the
Foreign–Trade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the Foreign–
Trade Zones Board (the Board) adopts the
following Order:
Whereas, the Foreign–Trade Zones
Act provides for ‘‘...the establishment...
of foreign–trade zones in ports of entry
of the United States, to expedite and
encourage foreign commerce, and for
other purposes,’’ and authorizes the
Foreign–Trade Zones Board to grant
qualified corporations the privilege of
establishing foreign–trade zones in or
adjacent to U.S. Customs and Border
Protection ports of entry;
Whereas, the Board’s regulations (15
CFR Part 400) provide for the
establishment of special–purpose
subzones when existing zone facilities
cannot serve the specific use involved,
and when the activity results in
significant public benefit and is in the
public interest;
Whereas, the Kent–Ottawa-Muskegon
Foreign Trade Zone Authority, grantee
of Foreign–Trade Zone 189, has made
application to the Board for authority to
establish a special–purpose subzone at
the footwear and apparel distribution
and processing facilities of Wolverine
World Wide, Inc., located in Rockford,
Cedar Springs and Howard City,
Michigan (FTZ Docket 47–2008, filed 8/
25/08);
Whereas, notice inviting public
comment was given in the Federal
Register (73 FR 51440, 9/03/08); and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied, and
that approval of the application would
be in the public interest;
Now, therefore, the Board hereby
grants authority for subzone status for
activity related to footwear and apparel
distribution and processing at the
facilities of Wolverine World Wide, Inc.,
located in Rockford, Cedar Springs and
Howard City, Michigan (Subzone 189C),
as described in the application and
Federal Register notice, and subject to
the FTZ Act and the Board’s regulations,
including Section 400.28.
E:\FR\FM\10MRN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 45 (Tuesday, March 10, 2009)]
[Notices]
[Pages 10232-10237]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5081]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Economic Development Administration
[Docket No. 090227253-9254-01]
Solicitation of Applications for the FY 2009 EDA American
Recovery Program Pursuant to the American Recovery and Reinvestment Act
of 2009, Public Law 111-5, 123 Stat. 115 (2009)
AGENCY: Economic Development Administration (EDA), Department of
Commerce.
ACTION: Notice and request for applications.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the American Recovery and Reinvestment Act of
2009, EDA announces general policies and application procedures for
grant-based investments for the EDA American Recovery Program under the
auspices of the Public Works and Economic Development Act of 1965, as
amended, that will promote comprehensive, entrepreneurial and
innovation-based economic development efforts to enhance the
competitiveness of regions, resulting in increased private investment
and higher-skill, higher-wage jobs in regions that have experienced
sudden and severe economic dislocation and job loss due to corporate
restructuring.
DATES: Applications are accepted on a continuing basis and processed as
received. Applications may be submitted electronically in accordance
with the instructions provided at https://www.grants.gov or mailed to
the applicable EDA regional office listed below under ``Addresses and
Telephone Numbers for EDA's Regional Offices.''
Application Submission Requirements: Applicants are advised to read
carefully the instructions contained in section IV of the complete
Federal funding opportunity (FFO) announcement for this request for
applications. To access the FFO announcement, please see the Web sites
listed below under ``Electronic Access.''
On October 1, 2008, EDA published a notice in the Federal Register
(73 FR 57049) to introduce its new, streamlined Application for
Investment Assistance (Form ED-900), which consolidates all EDA-
specific requirements into a single application form. EDA will continue
to require additional government-wide Federal grant assistance forms
from the Standard Form (SF) 424 family and certain Department of
Commerce (CD) forms as part of the application package. The specific SF
forms required with the Form ED-900 depend on whether the applicant
seeks construction or non-construction assistance.
Applicants seeking assistance for a project with construction
components are required to complete and submit the following:
(i) Form ED-900 (Application for Investment Assistance);
(ii) Form SF-424 (Application for Federal Assistance);
(iii) Form SF-424C (Budget Information--Construction Programs);
(iv) Form SF-424D (Assurances--Construction Programs); and
(v) Form CD-511 (Certification Regarding Lobbying).
Applicants seeking assistance for a project without construction
components are required to complete and submit the following forms:
(i) Form ED-900 (Application for Investment Assistance);
(ii) Form SF-424 (Application for Federal Assistance);
(iii) Form SF-424A (Budget Information--Non-Construction Programs);
(iv) Form SF-424B (Assurances--Non-Construction Programs); and
(v) Form CD-511 (Certification Regarding Lobbying).
Applicants for both construction and non-construction assistance
may be required to submit to an individual background screening on the
form titled Applicant for Funding Assistance (Form CD-346) and to
provide certain lobbying information using the form titled Disclosure
of Lobbying Activities (Form SF-LLL). The Form ED-900 provides detailed
guidance to help the applicant assess whether Forms CD-346 and SF-LLL
are required and how to access them.
Content and Form of the Form ED-900: The applicant is advised to
read carefully the instructions contained in this notice, the complete
FFO announcement, and all forms contained in the appropriate
application package. It is the sole responsibility of the applicant to
ensure that the appropriate application package is complete and
received by EDA.
The Form ED-900 is divided into lettered sections that correspond
to specific EDA program components that address all of EDA's statutory
and regulatory requirements. Based on the program under which the
applicant seeks assistance, the following table details the sections
and exhibits in the Form ED-900 that the applicant must complete. Under
this notice and request for applications, EDA will consider
applications for funding under its Public Works and Economic Adjustment
Assistance programs only. This table also is provided on the first page
of Section A to Form ED-900.
------------------------------------------------------------------------
EDA program Required Form ED-900 sections
------------------------------------------------------------------------
Public Works...................... Complete Sections A, B, and M and
Exhibits A, D and E.
Economic Adjustment............... Complete Sections A, B, and K and
Exhibit C. Also complete Sections M
and Exhibits A, D, and E if request
has construction components, and
Section N if the request has only
design/engineering requirements.
Complete Section E if the request
has no construction components.
Revolving Loan Fund............... Complete Sections A, B, E, K, and L
and Exhibit C.
Design and Engineering............ Complete Sections A, B, and N and
Exhibit C.
------------------------------------------------------------------------
Addresses and Telephone Numbers for EDA's Regional Offices:
Applicants eligible for assistance under this notice may request paper
(hardcopy) application packages by contacting the applicable EDA
regional office servicing your geographic area listed below.
Alternatively, applicants may obtain the application packages
electronically at https://www.grants.gov. All components of the
appropriate application package may be accessed and downloaded (in a
screen-fillable format) at https://www.grants.gov/applicants/apply_
for_grants.jsp.
[[Page 10233]]
Economic Development Administration, Atlanta Regional Office, 401
West Peachtree Street, NW., Suite 1820, Atlanta, Georgia 30308.
Telephone: (404) 730-3002, Fax: (404) 730-3025.
Serves: Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina and Tennessee.
Economic Development Administration, Austin Regional Office, 504
Lavaca Street, Suite 1100, Austin, Texas 78701.
Telephone: (512) 381-8144, Fax: (512) 381-8177.
Serves: Arkansas, Louisiana, New Mexico, Oklahoma and Texas.
Economic Development Administration, Chicago Regional Office, 111
North Canal Street, Suite 855, Chicago, Illinois 60606.
Telephone: (312) 353-7706, Fax: (312) 353-8575.
Serves: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin and
Muscatine and Scott counties, Iowa.
Economic Development Administration, Denver Regional Office, 410
17th Street, Suite 250, Denver, Colorado 80202.
Telephone: (303) 844-4714, Fax: (303) 844-3968.
Serves: Colorado, Iowa (excluding Muscatine and Scott counties),
Kansas, Missouri, Montana, Nebraska, North Dakota, South Dakota, Utah
and Wyoming.
Economic Development Administration, Philadelphia Regional Office,
Curtis Center, 601 Walnut Street, Suite 140 South, Philadelphia,
Pennsylvania 19106.
Telephone: (215) 597-4603, Fax: (215) 597-1063.
Serves: Connecticut, Delaware, District of Columbia, Maine,
Maryland, Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Puerto Rico, Rhode Island, Vermont, U.S. Virgin Islands,
Virginia and West Virginia.
Economic Development Administration, Seattle Regional Office,
Jackson Federal Building, Room 1890, 915 Second Avenue, Seattle,
Washington 98174.
Telephone: (206) 220-7660, Fax: (206) 220-7669.
Serves: Alaska, American Samoa, Arizona, California, Guam, Hawaii,
Idaho, Republic of Marshall Islands, Federated States of Micronesia,
Nevada, Northern Mariana Islands, Oregon, Republic of Palau and
Washington.
Alternatively, applicants may obtain the application package
electronically at https://www.grants.gov. All components of the
appropriate application package may be accessed and downloaded (in a
screen-fillable format) at https://www.grants.gov/applicants/apply_
for_grants.jsp.
Application Submission Formats: Applications may be submitted
either (i) in paper (hardcopy) format to the applicable regional office
address provided above; or (ii) electronically in accordance with the
procedures provided at https://www.grants.gov. The content of
applications is the same for paper submissions as it is for electronic
submissions. EDA will not accept facsimile transmissions of
applications.
Paper Submissions: An eligible applicant under this notice may
submit a completed paper application to the applicable EDA regional
office listed above. The applicant must submit one original and two
copies of the appropriate completed application package via postal
mail, shipped overnight, or hand-delivered to the applicable regional
office, unless otherwise directed by EDA staff. Department of Commerce
mail security measures may delay receipt of United States Postal
Service mail for up to two weeks. Therefore, applicants who submit
paper submissions are advised to use guaranteed overnight delivery
services.
Electronic Submissions: Applicants are encouraged to submit
applications electronically in accordance with the instructions
provided at https://www.grants.gov. The preferred file format for
electronic attachments is portable document format (PDF); however, EDA
will accept electronic files in Microsoft Word, WordPerfect, or
Microsoft Excel formats. EDA advises that applicants not wait until the
application closing date to begin the application process through
https://www.grants.gov. Validation or rejection of your application by
https://www.grants.gov may take additional days after your submission.
Therefore, please consider the https://www.grants.gov validation/
rejection process in developing your application submission time line.
Applicants should access the following link for assistance in
navigating https://www.grants.gov and for a list of useful resources:
https://www.grants.gov/applicants/applicant_help.jsp. If you do not
find an answer to your question under Frequently Asked Questions, try
consulting the Applicant's User Guide. If you still cannot find an
answer to your question, contact https://www.grants.gov via e-mail at
support@grants.gov or telephone at 1-800-518-4726. The hours of
operation for https://www.grants.gov are Monday-Friday, 7 a.m. to 9 p.m.
(Eastern Time) (except for Federal holidays).
FOR FURTHER INFORMATION CONTACT: For additional information or for a
paper copy of the complete FFO announcement for the FY 2009 EDA
American Recovery Program, contact the appropriate EDA regional office
listed above under ``Addresses and Telephone Numbers for EDA's Regional
Offices.'' EDA's Internet Web site at https://www.eda.gov also contains
additional information on EDA and its programs.
SUPPLEMENTARY INFORMATION: Electronic Access: The FY 2009 EDA American
Recovery Program FFO announcement is available at https://www.grants.gov
and at https://www.eda.gov/InvestmentsGrants/FFON.xml.
Background Information on the EDA American Recovery Program: Under
this notice, EDA requests applications for the EDA American Recovery
Program under the auspices of the Public Works and Economic Development
Act of 1965, as amended (42 U.S.C. 3121 et seq.) (PWEDA). EDA will give
priority consideration to those applications that will significantly
benefit regions ``that have experienced sudden and severe economic
dislocation and job loss due to corporate restructuring,'' as
stipulated under the American Recovery and Reinvestment Act of 2009,
Public Law 111-5, 123 Stat. 115 (2009) (Recovery Act or ARRA). EDA
provides financial assistance to distressed communities in both urban
and rural regions. Such distress may exist in a variety of forms,
including high levels of unemployment, low income levels, large
concentrations of low-income families, significant declines in per
capita income, large numbers (or high rates) of business failures,
sudden major layoffs or plant closures, trade impacts, military base
closures, natural or other major disasters, depletion of natural
resources, reduced tax bases, or substantial loss of population because
of the lack of employment opportunities. EDA's experience has shown
that regional economic development to help alleviate these conditions
is effected primarily through investments and decisions made by the
private sector. EDA will give preference to applications that include
cash contributions (over in-kind contributions) as the matching share.
See ``Cost Sharing Requirement'' below for more detailed information.
Under the American Recovery Program, EDA will help restore, replace
and expand economic activity in regions that have experienced sudden
and severe economic dislocation and job
[[Page 10234]]
loss due to corporate restructuring, and prioritize projects that will
diversify the economic base and lead to a stronger, more globally
competitive and resilient regional economy. EDA's economic development
activities help create jobs by encouraging business inception and
growth.
EDA will evaluate and select applications according to the
investment policy guidelines and funding priorities set out below under
``Evaluation and Selection Procedures.'' The Recovery Act stipulates
the following specific requirements with respect to any funds expended
or obligated from appropriations made thereunder.
1. Limit on Use of Funds. For purposes of this notice and request
for applications, none of the funds appropriated or otherwise made
available under ARRA may be used by any State or local government, or
any private entity, for any casino or other gambling establishment,
aquarium, zoo, golf course, or swimming pool. See sec. 1604 of ARRA.
2. Certification Requirement. Sec. 1511 mandates that with respect
to any funds made available under ARRA to State or local governments
for infrastructure investments, the Governor, mayor, or other chief
executive, as appropriate, must certify that the infrastructure
investment has received the full review and vetting required by law and
that the chief executive accepts responsibility that the infrastructure
investment is an appropriate use of taxpayer dollars. This
certification must include a description of the investment, the
estimated total cost, and the amount of funds to be used, and must be
posted on the recipient's Web site and linked to https://
www.recovery.gov/. A State or local agency cannot receive
infrastructure investment funding from funds made available under ARRA
unless this certification is made and posted. See also sec. 1526 of
ARRA.
3. As set out in sec. 1512(c) of ARRA, no later than ten (10) days
after the end of each calendar quarter, any recipient that received
funds under ARRA from EDA must submit a report to EDA that contains:
a. The total amount of recovery funds received from EDA;
b. The amount of recovery funds received that were expended or
obligated to projects or activities;
c. A detailed list of all projects or activities for which recovery
funds were expended or obligated; and
d. Detailed information on any subcontracts or subgrants awarded by
the recipient to include the data elements required to comply with the
Federal Funding Accountability and Transparency Act of 2006 (Pub. L.
No. 109-282), allowing aggregate reporting on awards below $25,000 or
to individuals, as prescribed by the Director of the Office of
Management and Budget.
Recipients that must report information in accordance with
paragraph (d) above must register with the Central Contractor
Registration database (https://www.ccr.gov/) or complete other
registration requirements as determined by the Director of the Office
of Management and Budget. Sec. 1512(d) further requires that no later
than thirty (30) days after the end of each calendar quarter, EDA must
make the information in reports submitted under sec. 1512(c) of ARRA as
outlined above publicly available by posting the information on a Web
site. OMB Memo M-09-10, ``Initial Implementing Guidance for the
American Recovery and Reinvestment Act of 2009,'' which can be accessed
at https://www.recovery.gov/, provides additional information on
requirements for Federal agencies under ARRA.
4. Timely Start and Completion of Projects. In using funds made
available under ARRA for infrastructure investments, recipients must
give preference to activities that can be started and completed
expeditiously, including a goal of using at least 50 percent of the
funds for activities that can be initiated not later than 120 days
after the date of the enactment of the Act, which was February 17,
2009. Recipients of EDA investment assistance under this announcement
also must use grant funds in a manner that maximizes job creation and
economic benefit. See sec. 1602 of ARRA.
5. ``Buy American'' Restrictions. Sec. 1605(a) stipulates that any
ARRA-funded project ``for the construction, alteration, maintenance, or
repair of a public building or public work [must use] iron, steel, and
manufactured goods * * * produced in the United States.'' The
legislation allows for a waiver of this requirement if EDA determines
that:
a. Applying the requirement would be inconsistent with the public
interest;
b. Iron, steel, and the relevant manufactured goods are not
produced in the United States in sufficient and reasonably available
quantities and of a satisfactory quality; or
c. The inclusion of iron, steel, and manufactured goods produced in
the United States will increase the cost of the overall project by more
than 25 percent.
EDA must publish a ``detailed written justification'' as to why the
requirement in sec. 1605(a) is being waived based on a finding under
paragraphs (a), (b) or (c) above.
6. Davis-Bacon Wage Rate Requirements. As with all EDA investments
in public works, economic adjustment assistance, and revolving loan
fund (RLF) projects that finance construction, awards under this
competitive solicitation will be subject to Davis-Bacon wage rate
requirements. See section 602 of PWEDA (42 U.S.C. 3212) and sec. 1606
of ARRA.
Funding Availability: The Recovery Act appropriated $150,000,000
for the EDA American Recovery Program under the auspices of PWEDA.
These funds shall remain available for obligation until September 30,
2010. The law mandates that $50,000,000 of the $150,000,000 must be
allocated for economic adjustment assistance under section 209 of PWEDA
(42 U.S.C. 3149). EDA will allocate the remaining $100,000,000 to
either the Public Works and Economic Development Facilities Program or
the Economic Adjustment Assistance Program, depending on the needs
demonstrated among EDA's six regional offices, located in Atlanta,
Austin, Chicago, Denver, Philadelphia and Seattle. Federally authorized
regional economic development commissions may assist eligible
applicants in submitting applications under this notice or may seek
transfers directly from EDA.
The funding periods and funding amounts referenced in this notice
and request for applications are subject to the availability of funds
at the time of award, as well as to Department of Commerce and EDA
priorities at the time of award. The Department of Commerce and EDA
will not be held responsible for application preparation costs.
Publication of this FFO does not obligate the Department of Commerce or
EDA to award any specific grant or cooperative agreement or to obligate
all or any part of available funds.
Statutory Authority: The statutory authorities for the (i) Public
Works and Economic Development Facilities Program; and (ii) Economic
Adjustment Assistance Program are sections 201 (42 U.S.C. 3141) and 209
(42 U.S.C. 3149) of PWEDA, respectively. Unless otherwise provided in
this notice or in the FFO announcement, applicant eligibility, program
objectives and priorities, application procedures, evaluation criteria,
selection procedures, and other requirements for all programs are set
forth in EDA's regulations (codified at 13 CFR chapter III), and
applicants must adhere to these requirements. EDA's regulations and
PWEDA are available at https://
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www.eda.gov/InvestmentsGrants/Lawsreg.xml. Please note that EDA funds
may not be used directly or indirectly to reimburse any attorneys' or
consultants' fees incurred in connection with obtaining investment
assistance under this notice and request for applications. See 13 CFR
302.10.
Catalog of Federal Domestic Assistance (CFDA) Numbers: 11.300,
Investments for Public Works and Economic Development Facilities;
11.307, Economic Adjustment Assistance.
Applicant Eligibility: Pursuant to PWEDA, eligible applicants for
and eligible recipients of EDA investment assistance under this
announcement include a(n): (i) District Organization; (ii) Indian Tribe
or a consortium of Indian Tribes; (iii) State, city or other political
subdivision of a State, including a special purpose unit of a State or
local government engaged in economic or infrastructure development
activities, or a consortium of political subdivisions; (iv) institution
of higher education or a consortium of institutions of higher
education; or (v) public or private non-profit organization or
association acting in cooperation with officials of a political
subdivision of a State. See section 3 of PWEDA (42 U.S.C. 3122) and 13
CFR 300.3.
For-profit, private-sector entities and individuals do not qualify
for investment assistance under the Public Works or Economic Adjustment
Assistance programs, which are the EDA programs applicable to this
notice and request for applications. Therefore, requests from for-
profit entities and individuals may be referred to State or local
agencies, or to non-profit economic development organizations serving
the region in which the project will be located.
Economic Distress Criteria: Potential applicants are responsible
for demonstrating to EDA, by providing statistics and other appropriate
information, the nature and level of economic distress in the region in
which the proposed project will be located. For a Public Works (13 CFR
part 305; CFDA No. 11.300) or an Economic Adjustment investment (13 CFR
part 307; CFDA No. 11.307), the project must be located in a region
that, on the date EDA receives the application for investment
assistance, meets one (or more) of the following economic distress
criteria: (i) An unemployment rate that is, for the most recent twenty-
four (24) month period for which data are available, at least one (1)
percentage point greater than the national average unemployment rate;
(ii) per capita income that is, for the most recent period for which
data are available, eighty (80) percent or less of the national average
per capita income; or (iii) a ``Special Need,'' as determined by EDA
and as discussed in section VII. of the FFO announcement. See section
301 of PWEDA (42 U.S.C. 3161) and 13 CFR 301.3(a).
Cost Sharing Requirement: Generally, the amount of the EDA grant
may not exceed fifty (50) percent of the total cost of the project.
Projects may receive an additional amount that shall not exceed thirty
(30) percent, based on the relative needs of the region in which the
project will be located, as determined by EDA. See section 204(a) of
PWEDA (42 U.S.C. 3144) and 13 CFR 301.4(b)(1).
In the case of EDA investment assistance to a(n) (i) Indian Tribe,
(ii) State (or political subdivision of a State) that the Assistant
Secretary determines has exhausted its effective taxing and borrowing
capacity, or (iii) non-profit organization that the Assistant Secretary
determines has exhausted its effective borrowing capacity, the
Assistant Secretary has the discretion to establish a maximum EDA
investment rate of up to one hundred (100) percent of the total project
cost. See sections 204(c)(1) and (2) of PWEDA (42 U.S.C. 3144) and 13
CFR 301.4(b)(5). Potential applicants should contact the appropriate
EDA regional office listed above under ``Addresses and Telephone
Numbers for EDA's Regional Offices'' to present information for EDA's
consideration.
While cash contributions are preferred, in-kind contributions,
consisting of contributions of space, equipment, or services, or
forgiveness or assumptions of debt, may provide the required non-
Federal share of the total project cost. See section 204(b) of PWEDA
(42 U.S.C. 3144). EDA will fairly evaluate all in-kind contributions,
which must be eligible project costs and meet applicable Federal cost
principles and uniform administrative requirements. Funds from other
Federal financial assistance awards are considered matching share funds
only if authorized by statute, which may be determined by EDA's
reasonable interpretation of the statute. See 13 CFR 300.3. The
applicant must show that the matching share is committed to the project
for the project period, will be available as needed and is not
conditioned or encumbered in any way that precludes its use consistent
with the requirements of EDA investment assistance. See 13 CFR 301.5.
Intergovernmental Review: Applications for assistance under EDA's
programs are subject to the State review requirements imposed by
Executive Order 12372, ``Intergovernmental Review of Federal
Programs.'' To find out more about a State's process under Executive
Order 12372, applicants may contact their State's Single Point of
Contact (SPOC). Names and addresses of some States' SPOCs are listed at
https://www.whitehouse.gov/omb/grants/spoc.html.
Evaluation and Selection Procedures: Each application package is
circulated by a project officer within the applicable EDA regional
office for review and comments. After all necessary information has
been obtained, the application is considered by the regional office's
investment review committee (IRC), which is comprised of regional
office staff. The IRC discusses the application and evaluates it on two
levels to (i) determine if it meets the program-specific award and
application requirements provided in 13 CFR 305.2 for Public Works
investments, or 13 CFR 307.2 and 307.4 for Economic Adjustment
Assistance; and (ii) evaluate each application using the general
evaluation criteria set out in 13 CFR 301.8. These general evaluation
criteria also are provided below under ``Evaluation Criteria.''
The IRC recommends to the Regional Director whether an application
merits further consideration, documenting its recommendation. For
quality control assurance, EDA Headquarters reviews the IRC's analysis
of the project's fulfillment of the investment policy guidelines set
out below under ``Evaluation Criteria.'' After receiving quality
control clearance, the Selecting Official, who is the Regional
Director, considers the evaluations provided by the IRC and the degree
to which one or more of the funding priorities provided below are
included, in making a decision as to which applications merit further
consideration.
To limit the burden on the applicant, EDA requests additional
documentation only if EDA determines that the applicant's project
merits further consideration. The Form ED-900 provides detailed
guidance on documentation, information, and other materials that will
be requested if, and only if, EDA selects the project for further
consideration. EDA will inform the applicant if its application has
been selected for further consideration or if the application has not
been selected for funding. Unsuccessful applications will be retained
in the EDA regional office in accordance with EDA's record retention
schedule.
Evaluation Criteria: EDA will select applications competitively
based on the investment policy guidelines and funding priority
considerations listed below. EDA will evaluate the extent to
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which a project embodies the maximum number of investment policy
guidelines and funding priorities possible and strongly exemplifies at
least one of each. All investment applications will be competitively
evaluated primarily on their ability to satisfy one (1) or more of the
following investment policy guidelines, each of which are of equivalent
weight and also are set forth in 13 CFR 301.8.
1. Be market-based and results driven. An EDA investment will
capitalize on a region's competitive strengths and will positively move
a regional economic indicator measured on EDA's Balanced Scorecard,
such as: An increased number of higher-skill, higher-wage jobs;
increased tax revenue; or increased private sector investment.
2. Have strong organizational leadership. An EDA investment will
have strong leadership, relevant project management experience, and a
significant commitment of human resources talent to ensure a project's
successful execution.
3. Advance productivity, innovation and entrepreneurship. An EDA
investment will embrace the principles of entrepreneurship, enhance
regional industry clusters, and leverage and link technology innovators
and local universities to the private sector to create the conditions
for greater productivity, innovation, and job creation.
4. Look beyond the immediate economic horizon, anticipate economic
changes, and diversify the local and regional economy. An EDA
investment will be part of an overarching, long-term comprehensive
economic development strategy that enhances a region's success in
achieving a rising standard of living by supporting existing industry
clusters, developing emerging new clusters, or attracting new regional
economic drivers.
5. Demonstrate a high degree of local commitment by exhibiting:
High levels of local government or non-profit matching
funds and private sector leverage;
Clear and unified leadership and support by local elected
officials; and
Strong cooperation between the business sector, relevant
regional partners and local, State and Federal governments.
Funding Priorities: Priority consideration will be given to areas
of the Nation that have experienced sudden and severe economic
dislocation and job loss due to corporate restructuring. In addition,
successful applications must meet one or more of the following core
criteria (investment applications that meet more than one core
criterion will be given more favorable consideration):
1. Investments in support of long-term, coordinated and
collaborative regional economic development approaches:
Establish comprehensive regional economic development
strategies that identify promising opportunities for long-term economic
growth.
Exhibit demonstrable, committed multi-jurisdictional
support from leaders across all sectors:
i. Public (e.g., mayors, city councils, county executives, senior
State leadership);
ii. Institutional (e.g., institutions of higher learning);
iii. Non-profit (e.g., chambers of commerce, development
organizations); and
iv. Private (e.g., leading regional businesses, significant
regional industry associations).
Generate quantifiable positive economic outcomes.
Make a persuasive case that the project would not have
occurred ``but for'' EDA's investment assistance (e.g., a project in
which EDA's assistance represents a substantial share of the total
public infrastructure investment and which are unlikely to attract
public investment absent specific and discrete EDA involvement).
2. Investments that support innovation and competitiveness:
Develop and enhance the functioning and competitiveness of
leading and emerging industry clusters in an economic region.
Advance technology transfer from research institutions to
the commercial marketplace.
Bolster critical infrastructure (e.g., transportation,
communications, specialized training) to prepare economic regions to
compete in the world-wide marketplace.
Leverage local partnerships and other Federal programs
(e.g., Economic Development District Organizations, Trade Adjustment
Assistance Centers, Small Business Development Centers, Federally
authorized regional economic development commissions, University
Centers, the U.S. Department of Labor's Workforce Innovation in
Regional Economic Development (WIRED) initiative) that increase the
project's probability of success, as well as its probability of
bringing substantial benefits to the distressed community in which it
is located.
3. Investments that encourage entrepreneurship:
Cultivate a favorable entrepreneurial environment
consistent with regional strategies.
Enable economic regions to identify innovative
opportunities, including use of business incubators, to promote growth-
oriented small and medium-size enterprises.
Promote community and faith-based entrepreneurship
programs aimed at improving economic performance in an economic region.
Link the economic benefits of the project to the
distressed community in which it is located.
4. Investments that support strategies that link regional economies
with the global marketplace:
Enable businesses and local governments to understand that
ninety-five (95) percent of our potential customers do not live in the
United States.
Enable businesses, local governments and key institutions
(e.g., institutions of higher education) to understand and take
advantage of the numerous free trade agreements.
Enable economic development professionals to develop and
implement strategies that reflect the competitive environment of the
21st Century global marketplace.
The Department of Commerce Pre-Award Notification Requirements for
Grants and Cooperative Agreements: The administrative and national
policy requirements for all Department of Commerce awards, contained in
the Department of Commerce Pre-Award Notification Requirements for
Grants and Cooperative Agreements, published in the Federal Register on
February 11, 2008 (73 FR 7696), are applicable to this solicitation.
Paperwork Reduction Act: This document contains collection-of-
information requirements subject to the Paperwork Reduction Act (PRA).
The use of Form ED-900 (Application for Investment Assistance) has been
approved by the Office of Management and Budget (OMB) under the Control
Number 0610-0094. The use of Forms SF-424 (Application for Financial
Assistance), SF-424A (Budget Information--Non-Construction Programs),
SF-424B (Assurances--Non-Construction Programs), SF-424C (Budget
Information--Construction Programs), and SF-424D (Assurances--
Construction Programs) has been approved under OMB Control Numbers
4040-0004, 0348-0044, 4040-0007, 4040-0008, and 4040-0009,
respectively. The Form CD-346 (Applicant for Funding Assistance) is
approved under OMB Control Number 0605-0001, and Form SF-LLL
(Disclosure of Lobbying Activities) is approved under OMB Control
Number 0348-0046. Notwithstanding any other
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provision of law, no person is required to respond to, nor shall any
person be subject to a penalty for failure to comply with, a collection
of information subject to the requirements of the PRA unless that
collection of information displays a currently valid OMB Control
Number.
Executive Order 12866 (Regulatory Planning and Review): This notice
has been determined to be not significant for purposes of Executive
Order 12866.
Executive Order 13132 (Federalism): It has been determined that
this notice does not contain policies with Federalism implications as
that term is defined in Executive Order 13132.
Administrative Procedure Act/Regulatory Flexibility Act: Prior
notice and an opportunity for public comments are not required by the
Administrative Procedure Act or any other law for rules concerning
grants, benefits, and contracts (5 U.S.C. 553(a)(2)). Because notice
and opportunity for comment are not required pursuant to 5 U.S.C. 553
or any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are inapplicable. Therefore, a
regulatory flexibility analysis has not been prepared.
Dated: March 5, 2009.
Dennis Alvord,
Acting Deputy Assistant Secretary for Economic Development and Chief
Operating Officer.
[FR Doc. E9-5081 Filed 3-9-09; 8:45 am]
BILLING CODE 3510-24-P
