[Federal Register Volume 75, Number 184 (Thursday, September 23, 2010)]
[Notices]
[Pages 57900-57903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23845]


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DEPARTMENT OF COMMERCE

Economic Development Administration

[Docket No. 100908439-0439-01]


FY 2010 Gulf Oil Spill Supplemental Federal Funding Opportunity

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

ACTION: Notice and request for applications.

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SUMMARY: Pursuant to the Supplemental Appropriations Act, Public Law 
111-212, 124 Stat. 2302 (2010), EDA announces general policies and 
application procedures for the FY 2010 Gulf Oil Spill Supplemental 
Federal Funding Opportunity. This investment assistance will be made 
available to help devise and implement short- or long-term economic 
redevelopment strategies and for technical assistance activities to 
address economic development challenges in regions impacted by the 
discharge of oil stemming from the April 20, 2010, BP Deepwater Horizon 
drilling rig explosion. Applicants are advised to read carefully the 
federal funding opportunity (FFO) announcement for this notice and 
request for applications. For a copy of the FFO announcement, please 
see the Web sites listed below under ``Electronic Access.''

DATES: Applications are accepted on a continuing basis and processed as 
received. Applications must be submitted electronically via http://www.grants.gov, as described below under ``APPLICATION SUBMISSION 
REQUIREMENTS'' and in section IV of the FFO announcement. Subject to 
the availability of funds, winning applicants should expect to receive 
grant award packages no later than September 2011. EDA expects to have 
all funding under this notice awarded by September 2011.
    Application Submission Requirements: Applications must be submitted 
electronically in accordance with the instructions provided at http://www.grants.gov. EDA will not accept facsimile transmissions of 
applications. Applicants may access the application package only by 
following the instructions provided at http://www.grants.gov. The 
preferred electronic file format for attachments is portable document 
format (PDF); however, EDA will accept electronic files in Microsoft 
Word, WordPerfect, or Microsoft Excel.
    Applicants are strongly encouraged to start early and not to wait 
until the approaching deadline before logging on and reviewing the 
application instructions at http://www.grants.gov. Applicants must (a) 
register at http://www.grants.gov, which can take between three to five 
business days or as long as four weeks if all steps are not completed 
correctly; (b) designate one or more Authorized Organizational 
Representatives (AOR) and ensure that an AOR submits the application; 
and (c) verify that the submission was successful. Applicants should 
save and print written proof of an electronic submission made at http://www.grants.gov. If problems occur, the applicant is advised to (a) 
print any error message received, and (b) call the http://www.grants.gov Contact Center at 1-800-518-4726 for assistance. The 
following link lists useful resources: http://www.grants.gov/help/help.jsp. Also, the following link lists frequently asked questions 
(FAQs): http://www.grants.gov/applicants/resources.jsp#faqs. If you do 
not find an answer to your question under the ``Applicant FAQs,'' try 
consulting the ``Applicant User Guide'' or contacting http://www.grants.gov via e-mail at [email protected] or telephone at 1-800-
518-4726. In addition, please read carefully section IV.C of the FFO to 
ensure your application is received by EDA and for specific http://www.grants.gov submission procedures.

FOR FURTHER INFORMATION CONTACT: For additional information regarding 
the FY 2010 Gulf Oil Spill Supplemental Federal Funding Opportunity, 
please contact Lauren Dupuis by telephone at 404-730-3035 or via e-mail 
at [email protected] in the EDA Atlanta regional office, or Jessica 
Falk by telephone at 512-381-8168 or via e-mail at [email protected] in 
the EDA Austin regional office, as appropriate.

SUPPLEMENTARY INFORMATION:
    Program Information: Through this FY 2010 Gulf Oil Spill 
Supplemental Federal Funding Opportunity, EDA intends to award 
investments in regions affected by the discharge of oil stemming from 
the April 2010 BP Deepwater Horizon spill. By this announcement, EDA 
solicits applications for Economic Adjustment Assistance investments 
(CFDA No. 11.307) authorized by the Public Works and Economic 
Development Act of 1965, as amended (42 U.S.C. 3121 et seq.) (PWEDA). 
Through the Economic Adjustment Assistance program, funded applications 
will help develop and implement on a regional basis short- or long-term 
economic redevelopment strategies and technical assistance activities 
for economic recovery in the recent oil spill-impacted regions in the 
United States.
    The Economic Adjustment Assistance program can offer a wide range 
of technical, planning, or infrastructure assistance. See 13 CFR 307.3. 
This program is designed to respond adaptively to pressing economic 
recovery issues, and is well suited to help address the challenges 
faced by regions affected by the April 2010 oil spill catastrophe. Note 
however, that to maximize available funding, EDA will consider 
applications for planning or technical assistance only. That is, no 
awards will be made under this competitive solicitation for 
infrastructure improvements or revolving loan fund grants.
    Prospective applicants should pay close attention to the 
information under

[[Page 57901]]

``Economic Distress Criteria'' below, which establishes distress 
criteria for applications seeking funding under this notice (see also 
section III.B of the FFO). Only applications meeting the distress 
criteria will be considered. On the date that EDA receives an 
application for funding under this FFO, the proposed project may be 
eligible for investment assistance based on the area having been 
affected by the discharge of oil that began on April 20, 2010, in 
connection with the explosion on the mobile offshore BP drilling unit 
Deepwater Horizon. EDA will consider appropriate applications that 
propose to respond to those effects.
    This notice is for the FY 2010 Gulf Oil Spill Supplemental Federal 
Funding Opportunity only. Please access the separate FFO announcement 
posted at http://www.grants.gov for information regarding application 
and selection processes, time frames, and evaluation criteria for EDA's 
Economic Adjustment Assistance investments, which are funded under 
EDA's regular appropriations. EDA's Web site at www.eda.gov provides 
additional information on EDA and its programs.
    Electronic Access: The FFO announcement for the FY 2010 Gulf Oil 
Spill Supplemental Federal Funding Opportunity is available at http://www.grants.gov and at http://www.eda.gov.
    Funding Availability: Under the Supplemental Appropriations Act, 
2010 (Pub. L. 111-212, 124 Stat. 2302 (2010)) (Act), Congress 
appropriated funds to respond to the Gulf of Mexico oil spill. 
Specifically, under the Act, EDA received a supplemental appropriation 
in the amount of $5,000,000 (Gulf Oil Spill Assistance):

    ``[T]o carry out planning, technical assistance and other 
assistance under section 209, and consistent with section 703(b), of 
[PWEDA], in States affected by the incidents related to the 
discharge of oil that began in 2010 in connection with the explosion 
on, and sinking of, the mobile offshore drilling unit Deepwater 
Horizon.''

    In the Supplemental Appropriations Act, Congress directed that Gulf 
Oil Spill Assistance be carried out ``consistent with section 703(b)'' 
of PWEDA (42 U.S.C. 3233). Accordingly, the federal share of the cost 
of activities funded with amounts made available may be up to one 
hundred (100) percent. See also information provided below under ``Cost 
Sharing or Matching Share Requirement.''
    Based on the location of the regions affected by the oil spill, EDA 
will administer the Gulf Oil Spill Assistance in its Atlanta and Austin 
regional offices. Currently the average size of a technical assistance 
investment ranges from $65,000 to $250,000. For purposes of a multi-
State regional award, EDA may consider an award of up to approximately 
$1,500,000. Please note that the approximations provided are 
informational only and are not intended to restrict future awards. If 
an application is awarded funding, neither the Department of Commerce 
nor EDA is under any obligation to provide any additional future 
funding in connection with that award or to make any future award(s). 
Amendment or renewal of an award to increase funding or to extend the 
period of performance is at the discretion of the Department of 
Commerce and of EDA.
    EDA Regional Office Administration of Funds: EDA will administer 
the Gulf Oil Spill Assistance in its Atlanta and Austin regional 
offices, which together cover the areas that have felt the greatest 
impact of the oil spill, specifically, the States of Louisiana, 
Mississippi, Alabama, Florida, and Texas.
    Project Periods: Under the Economic Adjustment Assistance program, 
project periods are dependent on the nature of the project. Typically, 
strategy grants and implementation grants (e.g., for technical 
assistance activities) may range from twelve (12) to eighteen (18) 
months. EDA will work closely with the recipient to accommodate their 
projected timelines.
    Statutory Authority: The authority for the Economic Adjustment 
Assistance Program is section 209 of PWEDA (42 U.S.C. 3149). EDA's 
regulations, which will govern an award made under the FY 2010 Gulf Oil 
Spill Supplemental Federal Funding Opportunity, are codified at 13 CFR 
chapter III. The regulations and PWEDA are accessible at http://www.eda.gov/InvestmentsGrants/Lawsreg.xml.
    Catalog of Federal Domestic Assistance (CFDA) Number: 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): (1) District Organization; (2) Indian Tribe 
or a consortium of Indian Tribes; (3) 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; (4) institution 
of higher education or a consortium of institutions of higher 
education; or (5) 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 the FY 2010 Gulf Oil Spill Supplemental Federal Funding 
Opportunity, EDA will consider applications submitted by eligible 
applicants located in or acting on behalf of the oil spill-affected 
regions. With respect to applications submitted by multiple co-
applicants or an organization that is located outside of the States 
served by the Atlanta or Austin regional offices, EDA will ensure that 
the application is submitted to the appropriate regional office(s), as 
necessary, once they are downloaded from http://www.grants.gov.
    Cost Sharing or Matching Share Requirement: As stated below under 
``Economic Distress Criteria,'' regional eligibility under this notice 
is predicated upon the applicant demonstrating that the proposed area 
has been affected by the discharge of oil in connection with the April 
2010 BP Deepwater Horizon drilling rig explosion. 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 representative listed above under ``FOR FURTHER 
INFORMATION CONTACT'' to make these determinations. While EDA can 
consider offering assistance at investment rates as described above, 
the Act also allows EDA to make grants up to one hundred (100) percent 
pursuant to section 703(b) of PWEDA (42 U.S.C. 3233). Please note, 
however, that EDA considers local match an important indication of 
local priority and generally expects to fund applications that include 
a local match of at least twenty (20) percent.
    While cash contributions are preferred, in-kind contributions, 
consisting of contributions of space,

[[Page 57902]]

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 such designation is 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.
    Economic Distress Criteria: In accordance with 13 CFR parts 301 and 
307, EDA will review project eligibility at the time the application 
for investment assistance under this notice is received in the regional 
office. Project eligibility is a threshold consideration.
    For Gulf Oil Spill Assistance, project eligibility is predicated 
upon the area having been affected by the discharge of oil that began 
on April 20, 2010, in connection with the explosion on, and sinking of, 
the mobile offshore BP drilling unit Deepwater Horizon. EDA will 
consider appropriate applications that propose to respond to those 
effects. Accordingly, in the project narrative as required in the Form 
ED-900, the applicant must identify and discuss the economic impacts 
that the oil spill has had in its region and explain the connection 
between its proposal and those impacts. Applicants that do not explain 
how their proposal is responsive to identified economic impacts of the 
oil spill will be determined ineligible for assistance under this 
notice. As of the date of the posting of this notice, EDA deems the 
States of Louisiana, Mississippi, Alabama, Florida, and Texas to be the 
States most severely affected by the discharge of oil. If circumstances 
dictate, EDA will consider applications from other States should they 
become affected by the discharge of oil resulting from the April 2010 
BP Deepwater Horizon spill.
    Application Package Requirements: Please read carefully section IV 
of the FFO to help ensure your application is complete and received by 
EDA. It is the applicant's responsibility to ensure that EDA receives 
the complete application package and to verify that its submission was 
received and validated successfully at http://www.grants.gov. 
Applicants are required to submit the forms listed below under at the 
time of application. Applications that do not contain all forms, 
narratives, or attachments listed below may be deemed non-responsive 
and excluded from consideration. The following forms are required for a 
complete application package:
    1. Form ED-900 (Application for Investment Assistance)
    2. Form SF-424 (Application for Federal Assistance)
    3. Form SF-424A (Budget Information--Non-Construction Programs)
    4. Form SF-424B (Assurances--Non-Construction Programs)
    5. Form CD-511 (Certification Regarding Lobbying)
    In addition, applicants may be required to and to provide certain 
lobbying information using Form SF-LLL (Disclosure of Lobbying 
Activities) and to submit to an individual background screening using 
Form CD-346 (Applicant for Funding Assistance). Form ED-900 provides 
detailed guidance to help the applicant assess whether Form SF-LLL is 
required and how to access it. Please note that, if applicable, one 
Form SF-LLL must be submitted for each co-applicant that has used or 
plans to use non-federal funds for lobbying in connection with this 
competitive solicitation. In addition, all non-profit applicants and 
applicants that are first-time recipients of EDA and/or DOC funding are 
required to provide Form CD-346 for a complete application, but please 
note that EDA may require other applicants to submit Form CD-346 as 
well to comply with DOC requirements. EDA will inform applicants if 
this is required. Please also see section IV.A of the FFO for more 
information.
    Instructions for Completing Form ED-900: 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 assistance is sought, 
Form ED-900 details the sections and exhibits which the applicant must 
complete. Because this competitive solicitation seeks Economic 
Adjustment Assistance applications only, the applicant must complete 
only Sections A, B, E, and K and Exhibit C in Form ED-900.
    In the narrative statement required under paragraph A.4 of Form ED-
900, regarding the project impact and fulfillment of EDA's investment 
policy guidelines described below under ``Evaluation Criteria,'' the 
applicant must describe how the proposed project responds to economic 
impacts of the oil spill. As noted above under ``Program Information,'' 
the Gulf Oil Spill Assistance may not be used for construction purposes 
or revolving loan funds; assistance under this notice is available for 
planning and technical assistance only.
    To limit the burden on the applicant, EDA may request additional 
documentation only if it determines that the applicant's project merits 
further consideration. The Form ED-900 provides detailed guidance on 
documentation and other information that will be requested if, and only 
if, EDA selects the project for further consideration. Applications 
will be processed on a rolling basis upon receipt, and EDA will timely 
inform the applicant if its application has been selected for further 
consideration, or if the application has not been selected for funding.
    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.''
    Evaluation and Selection Procedures: Application packages that meet 
all eligibility requirements set out in this notice are circulated by a 
project officer within the applicable EDA regional office(s) for review 
and comments. When the necessary input and information have been 
obtained, each application is considered by each regional office's 
investment review committee (IRC), comprised of at least three EDA 
staff members, all of whom will be full-time federal employees. The IRC 
engages in discussion to (1) determine if each application meets the 
program-specific award and application requirements provided in 13 CFR 
307.2 and 307.4 for Economic Adjustment Assistance; (2) determine if 
each application satisfies the award requirements set forth in this 
notice and the applicable FFO; (3) assess each application using the 
evaluation criteria set out below; and (4) make recommendations to the 
Regional Director, as the Deciding Official, regarding which 
applications to fund.
    The IRC documents its recommendations put forth to the Regional 
Director regarding which applications merit funding. For quality 
control assurance, EDA Headquarters reviews the IRC's analysis of the 
project's fulfillment of the investment policy guidelines set forth 
below under ``Evaluation Criteria.'' After receiving quality control 
clearance, the Regional

[[Page 57903]]

Director, considers the evaluations provided by the IRC and the degree 
to which one or more of the selection factors listed below are 
included, in making his decision as to which applications to fund.
    Evaluation Criteria: EDA will evaluate applications received under 
this notice on the extent to which the proposed project will carry out 
the purpose of the Gulf Oil Spill Assistance, to help respond to the 
economic impacts of the oil spill. EDA will evaluate applications based 
on the investment policy guidelines listed below, and consider the 
extent to which a project embodies the maximum number of investment 
policy guidelines possible and strongly exemplifies at least one. All 
applications will be competitively evaluated primarily on their ability 
to satisfy one or more of the following investment policy guidelines, 
all of equal weight:
    1. Collaborative regional innovation. Initiatives that support the 
development and growth of innovation clusters based on existing 
regional competitive strengths. Initiatives must engage stakeholders; 
facilitate collaboration among urban, suburban and rural (including 
Tribal) areas; provide stability for economic development through long-
term intergovernmental and public/private collaboration; and, support 
the growth of existing and emerging industries.
    2. Public/private partnerships. Investments that use both public 
and private sector resources and leverage complementary investments by 
other government/public entities and/or non-profits.
    3. Global competitiveness. Investments that support high-growth 
businesses and innovation-based entrepreneurs to expand and compete in 
global markets.
    4. Environmentally-sustainable development. Investments that 
encompass best practices in ``environmentally sustainable 
development,'' broadly defined, to include projects that enhance 
environmental quality and develop and implement green products, 
processes, and buildings as part of the green economy.
    5. Economically distressed and underserved communities. Investments 
that strengthen diverse communities that have suffered disproportionate 
economic and job losses and/or are rebuilding to become more 
competitive in the global economy.
    6. Total job creation. Investments that demonstrate a clear, 
comprehensive, and effective strategy for the recruitment, training, 
placement, and retention of a skilled workforce.
    7. Implementation schedule. Investments with demonstrated capacity 
to be implemented quickly and effectively, accelerating positive 
economic impacts.
    In addition to using the investment policy guidelines set forth 
above, EDA will evaluate all strategy grant applications based on the 
(1) quality of the proposed scope of work for the development, 
implementation, revision or replacement of a Comprehensive Economic 
Development Strategy (CEDS); and (2) qualifications of the applicant to 
implement the goals and objectives resulting from the CEDS. See 13 CFR 
303.3(a)(1) and (2). To ensure that the application fully meets these 
requirements, applicants should pay particular attention to 13 CFR 
303.7(b), which sets forth specific technical requirements for the 
CEDS.
    Selection Factors: EDA expects to fund applications recommended by 
the IRC; however, the Deciding Official may decide not to make a 
selection, or may select an application that was not recommended for 
any one of several reasons, including the following selecting factors:
    1. A determination that the application better meets the overall 
objectives of section 2 of PWEDA (42 U.S.C. 3121);
    2. Relative economic distress of the applicant;
    3. Financial capability of the applicant and feasibility of the 
proposed budget;
    4. Availability of program funding;
    5. Geographic balance in distribution of program funds;
    6. A determination that the application proposes a project with a 
broad, multi-State impact; or
    7. The applicant's performance under previous federal financial 
assistance awards.
    The Regional Director's final decision must be consistent with 
EDA's and the U.S. Department of Commerce's published policies. Any 
time the Regional Director makes a selection that differs from the 
IRC's recommendations, the Regional Director will document the 
rationale for the decision in writing.
    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 competition.
    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), SF-424D (Assurances--Construction 
Programs), and Form SF-LLL (Disclosure of Lobbying Activities) has been 
approved under OMB Control Numbers 4040-0004, 0348-0044, 4040-0007, 
4040-0008, 4040-0009, and 0348-0046 respectively. The Form CD-346 
(Applicant for Funding Assistance) is approved under OMB Control Number 
0605-0001. Notwithstanding any other 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: September 20, 2010.
Brian P. McGowan,
Deputy Assistant Secretary of Commerce for Economic Development.
[FR Doc. 2010-23845 Filed 9-22-10; 8:45 am]
BILLING CODE 3510-24-P