[Federal Register Volume 74, Number 45 (Tuesday, March 10, 2009)]
[Notices]
[Pages 10232-10237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5081]


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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.

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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 http://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.

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            EDA program                 Required Form ED-900 sections
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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.
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    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 http://www.grants.gov. All components of the 
appropriate application package may be accessed and downloaded (in a 
screen-fillable format) at http://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 http://www.grants.gov. All components of the 
appropriate application package may be accessed and downloaded (in a 
screen-fillable format) at http://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 http://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 http://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 
http://www.grants.gov. Validation or rejection of your application by 
http://www.grants.gov may take additional days after your submission. 
Therefore, please consider the http://www.grants.gov validation/
rejection process in developing your application submission time line.
    Applicants should access the following link for assistance in 
navigating http://www.grants.gov and for a list of useful resources: 
http://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 http://www.grants.gov via e-mail at 
[email protected] or telephone at 1-800-518-4726. The hours of 
operation for http://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 http://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 http://www.grants.gov 
and at http://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 http://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 (http://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 http://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 http://

[[Page 10235]]

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 
http://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

[[Page 10236]]

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

[[Page 10237]]

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