[Federal Register Volume 65, Number 227 (Friday, November 24, 2000)]
[Notices]
[Pages 70640-70642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29958]



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Part II





Department of Commerce





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Economic Development Administration



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Economic Adjustment Assistance--Availability of Funds for Hurricane 
Floyd and Other Disasters; Notice

  Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / 
Notices  

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DEPARTMENT OF COMMERCE

Economic Development Administration

[Docket No. 001103311-0311-01]
RIN 0610-ZA17


Economic Adjustment Assistance--Availability of Funds for 
Hurricane Floyd and Other Disasters

AGENCY: Economic Development Administration (EDA), Department of 
Commerce (DoC).

ACTION: Funding notice.

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SUMMARY: The Economic Development Administration (EDA) announces the 
availability of $55.8 million for economic adjustment assistance to 
support disaster recovery programs designed to assist affected states 
and local communities recover from the consequences of Hurricane Floyd 
and other recent disasters. Eligible activities include planning 
assistance, construction grants, and capitalization of revolving loan 
funds (technical assistance, if incidental, may be appropriate) to 
assist in the recovery efforts of communities impacted by Hurricane 
Floyd and other recent disasters. Of the appropriated funds, $49.9 
million (which includes $30 million for New Jersey) will be available 
to assist communities impacted by Hurricane Floyd. (The most serious 
economic impacts of the hurricane were concentrated in the States of 
North Carolina, New Jersey and Virginia.) Funds in the amount of $5.9 
million will be available to assist communities impacted by other 
recent disasters. EDA will consider projects dealing with local, 
regional or statewide issues that are related to disaster response and 
recovery from Hurricane Floyd as well as such projects responding to 
other recent disasters.

DATES: Proposals and applications in response to the Hurricane Floyd 
disaster will be accepted on a continuous basis until the funds have 
been expended. Proposals for other recent disasters must be received by 
May 21, 2001 to be considered for funding.

ADDRESSES: Addresses for EDA's six regional offices and Economic 
Development Representatives (EDRs) for the states of New Jersey, North 
Carolina and Virginia are provided at the end of this notice.

FOR FURTHER INFORMATION: Interested parties should contact the 
appropriate regional office or EDR as shown at the end of this notice.

SUPPLEMENTARY INFORMATION:

I. Economic Adjustment Assistance

(Catalog of Federal Domestic Assistance (CFDA) No.11.307)

II. Funding Availability

    Funds in the amount of $55.8 million are available and shall remain 
available until expended. These funds are provided under the Military 
Construction Appropriations Act, 2001; FY 2000 Supplemental 
Appropriations (PL 106-246), July 13, 2000, to be transferred to the 
Department of Commerce from the Department of Agriculture. Such funds 
will be administered under Section 209 of the Public Works and Economic 
Development Act of 1965, as amended (PWEDA), unless otherwise 
determined by the Assistant Secretary.

III. Eligibility

    Information on eligibility requirements for applicants and areas 
can be found in EDA's regulation at 13 CFR Chapter III and EDA's NOFA 
of January 24, 2000, which describes area ``Special Need'' criteria.
    Area Eligibility: 13 CFR 301.2(h) provides that EDA describes in a 
NOFA, special needs criteria under 13 CFR 301.2(b)(3). In EDA's NOFA of 
January 24, 2000, EDA describes, among other special needs criteria, 
the following:
    ``Natural or other major disasters or emergencies. An area that has 
received one of the following disaster declarations is eligible for EDA 
assistance for a period of 18 months after the date of declaration, 
unless further extended by the Assistant Secretary:
    1. A Presidential Disaster Declaration authorizing FEMA Public 
Assistance pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act, as amended (Public Law 93-288, 42 U.S.C. 5121 
et seq.) * * *'' (65 FR 3763 at 3766, January 24, 2000).
    Given the lapse of time from the Presidential disaster declaration 
for Hurricane Floyd and this notice of availability of funds, the time 
period for area eligibility is hereby extended by the Assistant 
Secretary beyond the 18-month period to September 30, 2001, for 
Presidentially declared Hurricane Floyd disaster areas.
    Area eligibility is reviewed at the time that EDA invites an 
application under 13 CFR 308 and is based on the most recent Federal 
data available for the area where the project will be located or where 
the substantial direct benefits will be received. If no Federal data 
are available to determine eligibility, an applicant must submit to EDA 
the most recent data available for the area through the government of 
the State in which the area is located, i.e., conducted by or at the 
direction of the State government. Project areas must be eligible on 
the date of submission of the application. In the case of any 
application received by EDA more than six months prior to the time of 
award, EDA will reevaluate the project to determine that the area 
remains eligible for EDA assistance before making the award.
    EDA will reject any documentation of eligibility that it determines 
is inaccurate.

IV. Grant Rates

    Pursuant to EDA's regulations at 13 CFR 301.4(b) and 301.4(f), 
projects under part 308 located in Presidentially-declared disaster 
areas for which EDA invites an application for assistance under a 
supplemental appropriation, within 18 months of declaration, qualify 
for a higher grant rate of up to 80%. Projects that respond to other 
recent disasters may qualify for a maximum grant rate of 80%. There is 
no provision in EDA's regulations at 13 CFR 301.4(b)(5), to extend the 
18-month maximum grant rate eligibility period. After expiration of the 
special eligibility, areas will revert to the grant rates for which 
they are eligible as otherwise prescribed by EDA's regulations at 13 
CFR 301.4(b).

V. Selection Process

    EDA will review proposals to evaluate eligibility, evaluation 
criteria, and funding priorities before inviting a full application for 
final funding consideration. It is anticipated that proposals will 
exceed the amount of funding available. Interested parties should 
submit proposals directly to the appropriate EDR or to the regional 
office listed at the end of this notice, using the standard 
preapplication form for EDA assistance (ED-900P, OMB Control No. 0610-
0094).
    EDA will evaluate project proposals in accordance with as 
appropriate, 13 CFR part 304, and 13 CFR 308.4 (65 FR 2530 at 2532, 
January 18, 2000), and the criteria will be approximately of equal 
importance.
    Proposals under this funding announcement must demonstrate how the 
EDA assistance will help the eligible area recover from the economic 
adjustment problems caused by Hurricane Floyd or other recent 
disasters. Proposals for construction and RLFs grants must also 
demonstrate that the request for assistance has been preceded by sound 
planning, consistent with EDA regulations at 13 CFR 301.3.

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    In meeting EDA requirements for a strategy or Comprehensive 
Economic Development Strategy (CEDS), EDA may accept for example: a 
State Emergency Recovery Plan, or the product of an equivalent state or 
local strategic economic recovery planning process with short-term and 
long-term goals.
    Given the limited funds available from this appropriation, 
applicants must be able to demonstrate need based on physical damage or 
economic impact resulting from the disaster.
    After consideration under EDA's evaluation criteria, EDA will 
consider the following funding priorities which will be the basis for 
selecting applications to be funded under this Notice. Priority numbers 
(1) and (2) are roughly equivalent and more important than the others. 
The funding priorities are as follows:
    1. Projects located in areas that suffered the highest levels of 
economic injury as a result of the disaster, as compared to other 
disaster areas.
    2. Projects located in disaster impacted areas that had previously 
been experiencing high levels of economic distress.
    3. Projects which leverage EDA funds with state, local, private, 
and other Federal assistance efforts.
    4. Projects that restore, upgrade or enhance the reliability of 
critical infrastructure/public facilities to current building, 
environmental, and safety standards or codes, and are essential to 
stabilizing the economic base of the disaster area.
    5. Projects that enhance/stimulate sustainable economic development 
and/or otherwise mitigate the physical and/or economic dislocation that 
could be caused by recurring future disasters.
    6. Projects that assist the restoration of businesses, stimulate 
the development of new businesses and accelerate the development of new 
job opportunities for dislocated individuals within the affected areas.
    7. Projects that enhance opportunities for economic 
diversification.

VI. Program Tools

    Planning--There should be a clear and documented nexus between the 
project and the disaster. Planning projects should concentrate on early 
disaster economic recovery goals in accordance with EDA's CEDS process 
[requiring incidental technical assistance, as appropriate].
    Construction--In addition to the real property requirements at 13 
CFR 314.7, applicants are expected to submit satisfactory evidence of 
rights of entry assuring prompt access to project property at time of 
award in those cases where applicants do not hold title to all real 
property required for the projects at time of application. Where 
appropriate, incidental on-site technical assistance should be 
incorporated into construction projects for project administration to 
successfully meet the terms and conditions of the grant. The objective 
is to accomplish project implementation quickly and efficiently, so 
that benefits of the recovery activity take effect as soon as possible.
    Revolving Loan Fund (RLF)--EDA may consider providing RLF 
assistance to: (1) Assist small and emerging businesses and to (2) meet 
local infrastructure needs. EDA RLF assistance will be coordinated to 
avoid duplication of other available federal assistance. RLF grantees 
must incorporate an ``exit strategy'' acceptable to EDA for the 
continued use of the RLFs after the need for disaster recovery has 
abated.
    Where grant funds are used to support RLFs, it is expected that 
priority consideration will be given to eligible borrowers who were 
impacted by the disaster and/or other borrowers who can contribute to 
the economic stabilization of the area after the disaster, particularly 
through the creation of job opportunities that may be less vulnerable 
to future disasters.

VII. Other Information and Requirements

    EDA regulations at 13 CFR Chapter III and 65 FR 2530, January 18, 
2000, are available from EDA offices listed in section VIII. EDA 
Contact Information and from the EDA Web site at www.doc.gov/eda.
    Certain Departmental and other requirements are noted below. 
Additional information is available through links to EDA's web site at 
www.doc.gov/eda or from the appropriate EDA offices listed in section 
VIII. EDA Contact Information.
    A. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall a person be subject to a penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act (PRA) unless that 
collection of information displays a currently valid Office of 
Management and Budget (OMB) control number. This notice involves a 
collection of information requirement subject to the provisions of the 
PRA and has been approved by OMB under Control Number 0610-0094.
    B. All primary applicants must submit a completed Form CD-511, 
``Certifications Regarding Debarment, Suspension and Other 
Responsibility Matters; Drug-Free Workplace Requirements and 
Lobbying,'' and the following explanations are hereby provided: 
Prospective participants (as defined at 15 CFR Part 26, Section 105) 
are subject to ``Nonprocurement Debarment and Suspension'' and the 
related section of the certification form prescribed above applies;
    Grantees (as defined at 15 CFR Part 26, Section 605) are subject to 
15 CFR Part 26, Subpart F, ``Drug-Free Workplace Requirements 
(Grants)'' and the related section of the certification form prescribed 
above applies;
    Persons (as defined at 15 CFR Part 28, Section 105) are subject to 
the lobbying provisions of 31 U.S.C. 1352, ``Limitation on use of 
appropriated funds to influence certain Federal contracting and 
financial transactions,'' and the lobbying section of the certification 
form prescribed above applies to applications/bids for grants, 
cooperative agreements, and contracts for more than $100,000, and loans 
and loan guarantees for more than $150,000, or the single family 
maximum mortgage limit for affected programs, whichever is greater; and
    C. Any applicant that has paid or will pay for lobbying using any 
funds must submit an SF-LLL, ``Disclosure of Lobbying Activities,'' as 
required under 15 CFR part 28, Appendix B.
    D. The implementing regulations of the National Environmental 
Policy Act (NEPA) require EDA to provide public notice of the 
availability of project specific environmental documents such as 
environmental impact statements, environmental assessments, findings of 
no significant impact, records of decision etc., to the affected public 
as specified in 40 CFR 1506.6(b).
    Depending on the project location, environmental information 
concerning specific projects can be obtained from the Regional 
Environmental Officer in the appropriate EDA regional office listed at 
the end of this notice.
    E. Recipients shall require applicants/bidders for subgrants, 
contracts, subcontracts, or other lower tier covered transactions at 
any tier under the award to submit, if applicable, a completed Form CD-
511, ``Certifications Regarding Debarment, Suspension, Ineligibility 
and Voluntary Exclusion-Lower Tier Covered Transactions and Lobbying'' 
and disclosure form, SF-LLL ``Disclosure of Lobbying Activities.'' Form 
CD-511 is intended for the use of recipients and should not be 
transmitted to DoC. SF-LLL submitted by any tier recipient or 
subrecipient should be submitted to DoC in accordance with the 
instructions contained in the award document.

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    F. No award of Federal funds will be made to an applicant who has 
an outstanding delinquent Federal debt until either:
    1. The delinquent account is paid in full;
    2. A negotiated repayment schedule is established and at least one 
payment is received; or
    3. Other arrangements satisfactory to DoC are made.
    G. Unsatisfactory performance under prior Federal awards may result 
in an application not being considered for funding.
    H. Applicants should be aware that a false statement on the 
application is grounds for denial of the application or termination of 
the grant award and grounds for possible punishment by a fine or 
imprisonment as provided in 18 U.S.C. 1001.
    I. Applicants are hereby notified that any equipment or products 
authorized to be purchased with funding provided under this program 
must be American-made to the maximum extent feasible.
    J. Applicants seeking an early start, i.e., to begin a project 
before EDA approval, must obtain a letter from EDA allowing such early 
start. The letter allowing the early start will be null and void if the 
project is not subsequently approved for funding by the grants officer. 
Approval of an early start does not constitute project approval. 
Applicants should be aware that if they incur any costs prior to an 
award being made they do so solely at their own risk of not being 
reimbursed by the Government. Notwithstanding any verbal or written 
assurance that may have been received, there is no obligation on the 
part of DoC to cover preaward costs. Additionally, EDA also requires 
that compliance with environmental regulations, in accordance with the 
National Environmental Policy Act, be completed before construction 
begins.
    K. If an application is selected for funding, EDA has no obligation 
to provide any additional future funding in connection with an award. 
Renewal of an award to increase funding or extend the period of 
performance is at the sole discretion of EDA.
    L. Unless otherwise noted herein, eligibility, program objectives, 
application procedures, selection procedures, evaluation criteria and 
other requirements for all programs are set forth in EDA's regulations 
at 13 CFR Chapter III and 65 FR 2530, January 18, 2000.
    M. EDA is not authorized to provide any financial assistance 
directly to individuals for the purpose of starting a new business or 
expanding an existing business.
    This notice has been determined to be not significant for purposes 
of Executive Order 12866.

VIII. EDA Contact Information

    Interested parties should contact the appropriate EDR or the 
regional office listed below:

William J. Day, Regional Director, Atlanta Regional Office, 401 West 
Peachtree Street, N.W., Suite 1820, Atlanta, Georgia 30308-3510, 
Telephone: (404) 730-3002, Internet Address: [email protected]

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                Atlanta region                       State covered
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Patricia M. Dixon, Economic Development        North Carolina (Eastern).
 Representative, P.O. Box 1707, Lugoff, SC
 29078; Telephone: (803) 408-2513; Internet
 Address: [email protected].
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Paul M. Raetsch, Regional Director, Philadelphia Regional Office, 
Curtis Center--Suite 140 South, Independence Square West, Philadelphia, 
Pennsylvania 19106; Telephone: (215) 597-4603; Internet Address: 
[email protected]

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             Philadelphia region                     State covered
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Neal E. Noyes, Economic Development            Virginia.
 Representative, Federal Building, Room 474,
 400 North 8th Street, P.O. Box 10229,
 Richmond, Virginia 23240-1001; Telephone:
 (804) 771-2061; Internet Address:
 [email protected].
Edward Hummel, Economic Development            New Jersey.
 Representative, Curtis Center--Suite 140
 South, Independence Square West,
 Philadelphia, Pennsylvania 19106; Telephone:
 (215) 597-6767; Internet Address:
 [email protected].
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Pedro R. Garza, Regional Director, Austin Regional Office, 327 Congress 
Avenue, Suite 200, Austin, Texas 78701-4037; Telephone: (512) 381-8144; 
Fax: (512) 381-8177; Internet Address: [email protected]
C. Robert Sawyer, Regional Director, Chicago Regional Office, 111 North 
Canal Street, Suite 855, Chicago, Illinois 60606; Telephone: (312) 353-
7706; Fax: (312) 353-8575; Internet Address: [email protected]
Anthony J. Preite, Regional Director, Denver Regional Office, 1244 
Speer Boulevard, Room 670, Denver, Colorado 80204; Telephone: (303) 
844-4715; Fax: (303) 844-3968; Internet Address: [email protected]
A. Leonard Smith, Regional Director, Seattle Regional Office, Jackson 
Federal Building, Room 1856, 915 Second Avenue, Seattle, Washington 
98174; Telephone: (206) 220-7660; Fax: (206) 220-7669; Internet 
Address: [email protected]

    Dated: November 17, 2000.
Arthur C. Campbell,
Assistant Secretary, for Economic Development.
[FR Doc. 00-29958 Filed 11-22-00; 8:45 am]
BILLING CODE 3410-24-P