[Federal Register Volume 75, Number 198 (Thursday, October 14, 2010)]
[Notices]
[Pages 63147-63159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25896]


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DEPARTMENT OF COMMERCE

Economic Development Administration

[Docket No. 101004488-0488-01]


Solicitation of Applications for the Public Works, Economic 
Adjustment Assistance, and Global Climate Change Mitigation Incentive 
Fund (GCCMIF) Economic Development Assistance Programs

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

ACTION: Notice and request for applications.

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SUMMARY: This notice announces new application submission and review 
procedures for FY 2011 funding under EDA's (i) Public Works and 
Economic Development Facilities Program; (ii)

[[Page 63148]]

Economic Adjustment Assistance Program; and (iii) Global Climate Change 
Mitigation Incentive Fund (GCCMIF) Program. To enhance the 
competitiveness, transparency, and efficiency of EDA's grants-making 
process and ensure timely responsiveness to applicants, in FY 2011 EDA 
will move to a funding cycle system under which applications submitted 
under these programs will be considered for funding roughly once a 
quarter. Beginning on October 14, 2010, applications will still be 
accepted on a continuing basis but must be received by the deadlines 
set out below in order to be considered for funding during a particular 
cycle. Eligible applicants have the option of receiving preliminary 
feedback on an application's technical and competitive merits by 
submitting the application for an optional preliminary review as 
described in section V.A. of the Federal Funding Opportunity (FFO) 
announcement, which is posted on EDA's Web site at http://www.eda.gov/InvestmentsGrants/Grant%20Process.xml. EDA will provide such feedback 
not later than 15 business days after EDA's receipt of the application, 
and applicants will have the opportunity to revise and/or supplement 
the application as necessary or submit a new application by the funding 
cycle deadline or in time for consideration in a subsequent funding 
cycle. Applicants that elect to receive such feedback should take care 
to submit the application sufficiently in advance of a funding cycle 
deadline so that EDA can provide the feedback and the applicant can 
make any changes and/or provide additional documentation or submit a 
new application by the funding cycle deadline. EDA will not select 
projects for funding until after the funding cycle deadline has passed. 
Applications may be submitted electronically in accordance with the 
instructions provided at http://www.grants.gov or in hard copy to the 
applicable regional office. Please see sections IV. and V. of the FFO 
for complete information on the new application submission and 
processing procedures.
    Deadlines: Beginning in FY 2011, EDA will accept and review 
applications submitted under its Public Works, Economic Adjustment 
Assistance, and GCCMIF Programs in funding cycles. To be considered 
during a particular funding cycle, complete applications must be 
accepted and validated by http://www.grants.gov or delivered in hard 
copy to the applicable regional office listed in section IX. of the FFO 
with a postmark or courier service's time and date stamp on or before 5 
p.m. local time in the applicable regional office on the deadline date 
for the funding cycles listed below. For FY 2011, the funding cycle 
deadlines are as follows:
     December 15 for funding cycle 1;
     March 10 for funding cycle 2;
     June 10 for funding cycle 3; and
     September 15 for funding cycle 1 of FY 2012.
    Please note that applications for financial assistance submitted 
under EDA's Planning, Partnership Planning, Local Technical Assistance, 
University Center, and Research and National Technical Assistance 
Programs are not subject to the deadlines described above, and 
requirements for these programs will be published in separate FFO 
announcements. In addition, applications for any supplemental 
appropriations that EDA receives will not be subject to the deadlines 
published in this notice, and EDA will publish a separate FFO for any 
such appropriations. Please contact the applicable regional office 
listed in section IX. of the FFO for additional information on 
submitting an application under any of EDA's programs.

ADDRESSES: 
    Obtaining Application Packages. An eligible applicant may obtain 
the appropriate 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. Applicants may access 
the application package 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. 
Alternatively, an applicant eligible for assistance under this notice 
may request a paper (hard copy) application package by contacting the 
applicable EDA regional office listed below under ``Addresses and 
Telephone Numbers for EDA's Regional Offices'' and in section IX. of 
the FFO.
    Application Submission Formats: Applications may be submitted 
either electronically in accordance with the procedures provided at 
http://www.grants.gov; or in paper (hard copy) format to the applicable 
regional office address provided below. The content of applications is 
the same for paper submissions as it is for electronic submissions. EDA 
will not accept facsimile or email transmissions of applications.
    Electronic Submissions: EDA strongly encourages electronic 
submissions of applications through http://www.grants.gov. Applications 
must be successfully validated and time-stamped by http://www.grants.gov no later than 5 p.m. local time for the applicable 
regional office on the funding cycle deadline listed above under 
``DEADLINES'' and in section V.C. of the FFO.
    Applicants are strongly encouraged to start early and not to wait 
until an approaching funding cycle deadline before logging in, 
registering, reviewing the application instructions, and applying. 
Applicants must register (which can take between three to five business 
days or as long as four weeks if all steps are not completed 
correctly), designate one or more Authorized Organizational 
Representatives (AOR), ensure that an AOR submits the application, and 
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, which is open 24 hours a day, seven days 
a week, 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 the Contact Center via telephone at 1-
800-518-4726. In addition, please read carefully section V.H. of the 
FFO for complete information on submitting electronically via http://www.grants.gov.
    Paper Submissions: An applicant also has the option of submitting a 
completed paper (hard copy) application to the applicable regional 
office listed in section IX. of the FFO. Applications must be delivered 
to the applicable regional office with a postmark or courier service's 
time and date stamp on or before 5 p.m. local time in the applicable 
regional office on the applicable funding cycle deadline. The applicant 
must submit one original and two copies of the completed application 
package via postal mail or express courier to the applicable regional 
office. Department of Commerce (DOC) mail security measures may delay 
receipt of United

[[Page 63149]]

States Postal Service mail for up to two weeks. Therefore, applicants 
that submit paper applications are advised to use guaranteed overnight 
delivery services.
    Addresses and Telephone Numbers for EDA's Regional Offices:
    Applicants in Alabama, Florida, Georgia, Kentucky, Mississippi, 
North Carolina, South Carolina, and Tennessee, may submit paper 
submissions to: Economic Development Administration, Atlanta Regional 
Office, 401 West Peachtree Street, NW., Suite 1820, Atlanta, Georgia 
30308, Telephone: (404) 730-3002, Fax: (404) 730-3025.
    Applicants in Arkansas, Louisiana, New Mexico, Oklahoma, and Texas, 
may submit paper submissions to: Economic Development Administration, 
Austin Regional Office, 504 Lavaca, Suite 1100, Austin, Texas 78701-
2858, Telephone: (512) 381-8144, Fax: (512) 381-8177.
    Applicants in Illinois, Indiana, Michigan, Minnesota, Ohio, 
Wisconsin, and Muscatine and Scott counties, Iowa, may submit paper 
submissions to: Economic Development Administration, Chicago Regional 
Office, 111 North Canal Street, Suite 855, Chicago, Illinois 60606, 
Telephone: (312) 353-7706, Fax: (312) 353-8575.
    Applicants in Colorado, Iowa (excluding Muscatine and Scott 
counties), Kansas, Missouri, Montana, Nebraska, North Dakota, South 
Dakota, Utah, and Wyoming, may submit paper submissions to: Economic 
Development Administration, Denver Regional Office, 410 17th Street, 
Suite 250, Denver, Colorado 80202, Telephone: (303) 844-4714, Fax: 
(303) 844-3968.
    Applicants in 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, may submit paper submissions to: 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.
    Applicants in Alaska, American Samoa, Arizona, California, Guam, 
Hawaii, Idaho, Marshall Islands, Micronesia, Nevada, Northern Mariana 
Islands, Oregon, Republic of Palau, and Washington, may submit paper 
submissions to: 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.

SUPPLEMENTARY INFORMATION: EDA's New Application Submission and Review 
Procedures. This notice announces EDA's new application submission and 
review procedures for three of the agency's Economic Development 
Assistance Programs authorized under the Public Works and Economic 
Development Act of 1965, as amended (42 U.S.C. 3121 et seq.) (PWEDA). 
These programs are the (i) Public Works and Economic Development 
Facilities Program; (ii) Economic Adjustment Assistance Program; and 
(iii) Global Climate Change Mitigation Incentive Fund (GCCMIF) Program. 
EDA will publish separate FFO announcements for its other Economic 
Development Assistance Programs: Planning, Partnership Planning, 
University Center, and Research and National Technical Assistance.
    This notice introduces the concept of funding cycles in the context 
of EDA's grants-making process for the three programs. In FY 2011, EDA 
will discontinue its process of processing projects on a continuing 
basis and will implement a new process under which the agency will 
consider applications under its Public Works, Economic Adjustment 
Assistance, and GCCMIF Programs at a set time in roughly quarterly 
funding cycles. This new process will enhance the competitiveness, 
transparency, and efficiency of EDA's grants-making process, and it 
will also allow EDA to be more responsive to applicants. Applicants 
will receive an answer from EDA sooner and will be able to better plan 
for their economic development needs.
    EDA will continue to accept applications on a continuing basis, but 
if an applicant wishes to be considered for a particular funding cycle, 
EDA must receive a complete application as set out in section V.B. of 
the FFO by the deadlines announced above under ``DEADLINES'' and in 
section V.C. of the FFO.
    EDA will evaluate all applications based on the criteria set out 
below under ``Evaluation Criteria'' and in section IV.A. of the FFO. 
Please read the following sections carefully for complete information 
on EDA's programs and the new application procedures that will take 
effect in FY 2011.

    Note: In instances of extremely urgent economic distress, EDA 
reserves the flexibility to make an award outside of the funding 
cycles described in this notice. An example of urgent economic 
distress might be helping a community respond to the sudden loss of 
a major employer by using Economic Adjustment Assistance to prepare 
a recovery strategy. Any such awards will be processed in accord 
with the evaluation criteria set out below under ``Evaluation 
Criteria'' and in section IV.A. of the FFO.

    What are the purposes of EDA's Economic Development Assistance 
Programs? EDA's mission is to lead the Federal economic development 
agenda by promoting innovation, collaboration, and competitiveness, 
preparing American regions for growth and success in the worldwide 
economy. In implementing this mission pursuant to PWEDA, EDA advances 
economic growth by assisting communities and regions experiencing 
chronic high unemployment and low per capita income to foster an 
environment conducive to economic growth and job creation.
    EDA's Economic Development Assistance Programs are designed to 
provide distressed communities and regions with comprehensive and 
flexible solutions to a wide variety of economic impacts. The programs 
are designed to support local and regional economic development efforts 
to establish a foundation for durable regional economies throughout the 
United States. This foundation builds upon two key economic drivers--
innovation and regional collaboration. Innovation is the key to global 
competitiveness, the creation of new and better jobs, a resilient 
economy, and the attainment of national economic goals. Regional 
collaboration is essential for economic recovery because regions are 
the centers of competition in the new global economy, and those regions 
that work together will fare better than those that do not. When 
innovation and collaboration are infused into America's communities and 
regions, they create and retain higher wage and sustainable jobs, 
leverage the flow of private capital, encourage economic development, 
and strengthen America's ability to compete in the global marketplace. 
EDA encourages its rural and urban partners around the country to 
develop initiatives that advance new ideas and creative approaches to 
address rapidly evolving economic conditions. EDA's Economic 
Development Assistance Programs will help communities and regions 
understand their current economic situation, plan a way forward, and 
achieve their economic goals.
    Under this notice, EDA publishes its application submission 
requirements and review procedures for three of the Economic 
Development Assistance Programs authorized under PWEDA: (i) Public 
Works and Economic Development Facilities; (ii) Economic

[[Page 63150]]

Adjustment Assistance; and (iii) GCCMIF.
    What goals and objectives does EDA seek to advance with grants made 
under the Economic Development Assistance Programs? EDA encourages the 
submission of only those applications that will significantly benefit 
regions with economically distressed economies. 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 or realignments, defense contractor 
reductions-in-force, 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 encourages applicants to consider the energy and environmental 
implications of their activities. To the extent practicable, and 
dependent upon the project type and in consideration of the financial 
resources available, EDA expects recipients to use the best available 
strategies, technologies, and construction practices in order to 
minimize energy use and environmental impacts. Applicants are 
encouraged to ensure the project's consistency with the Climate Action 
Plan of the State in which the proposed project will be located, if 
applicable, and any applicable Federal, State, or local government's 
coastal climate change plan. The U.S. Environmental Protection Agency's 
Web site contains more information on State Climate Action Plans and 
can help determine if a particular State has one. See http://www.epa.gov/statelocalclimate/index.html.
    EDA also encourages projects that advance the innovation economy 
and support the development of regional innovation clusters (RICs), 
which are broadly defined as geographic concentrations of firms and 
industries that do business with each other and have common needs for 
talent, technology, and infrastructure. The White House's National 
Economic Council's Web site has more information on the innovation 
economy at http://www.whitehouse.gov/administration/eop/nec/StrategyforAmericanInnovation/. More information on RICs may be found 
on EDA's Web site at http://www.eda.gov/AboutEDA/RIC/. Please also see 
section I.C. of the FFO for more information.
    The program descriptions, eligibility information, application 
requirements, review and selection procedures, and evaluation criteria 
in this notice apply to EDA's FY 2011 Public Works, Economic Adjustment 
Assistance, and GCCMIF Programs. This announcement is being published 
in anticipation of the final availability of FY 2011 appropriations, to 
provide the economic development community with notice regarding EDA's 
new application procedures. EDA will publish separate announcements 
that detail the final amounts available in FY 2011 and any programmatic 
or procedural changes from this notice.
    Statutory Authorities for EDA's Programs: The statutory authorities 
for the Public Works and Economic Development Facilities Program and 
the Economic Adjustment Assistance Program are sections 201 (42 U.S.C. 
3141) and 209 (42 U.S.C. 3149) of PWEDA, respectively.
    Applicant eligibility and program requirements are set forth in 
EDA's regulations (codified at 13 CFR chapter III) and the applicant 
must address these requirements. Please note that this notice 
supersedes the Economic Development Assistance Programs FFO dated June 
22, 2009, and current EDA regulations on program objectives and 
priorities, application procedures, evaluation criteria, and selection 
procedures. EDA expects to update its regulations to reflect these 
changes in the near future. EDA's regulations and PWEDA are available 
at http://www.eda.gov/InvestmentsGrants/Lawsreg.xml.
    What funding is available under this notice? As of October 14, 
2010, the full amount of FY 2011 appropriations is not available and 
EDA is operating under the authority of the FY 2011 Continuing 
Resolution, Public Law 111-242, September 30, 2010. The FY 2010 award 
amounts are provided only for your information. EDA is operating under 
a continuing resolution that allocates a level of funding based on FY 
2010 funding levels, but on a pro-rated basis, until the enactment of 
the FY 2011 appropriations. Assuming EDA receives FY 2011 
appropriations of approximately the same level as in FY 2010, the 
following amounts may prove useful for planning purposes.
    In FY 2010, the Consolidated Appropriations Act, 2010 (Pub. L. 111-
117, 123 Stat. 3034 at 3114 (2009)) made $255,000,000 available for the 
Economic Development Assistance Programs authorized under PWEDA and for 
the Trade Adjustment Assistance for Firms Program authorized under the 
Trade Act of 1974 (19 U.S.C. 2341 et seq.) in FY 2010. EDA expects 
funding levels for FY 2011 to be similar to that in FY 2010, however 
the final amounts will not be known until Congress passes the FY 2011 
appropriations. When the full FY 2011 appropriations become available, 
EDA will publish a notice to announce the final FY 2011 funding levels 
for each program. The funding periods and funding amounts referenced in 
this notice are subject to the availability of funds at the time of 
award, as well as to DOC and EDA priorities at the time of award. 
Neither DOC nor EDA will be held responsible for application 
preparation costs. Publication of this notice does not obligate DOC or 
EDA to award any specific grant or cooperative agreement or to obligate 
all or any part of available funds.
    The following sections provide more information on EDA's Economic 
Development Assistance Programs. Specific FY 2011 funding amounts for 
each program will be announced separately upon availability.

1. Public Works and Economic Development Facilities Program (CFDA No. 
11.300; 13 CFR Part 305)

    EDA will provide strategic Public Works investments to support the 
construction or rehabilitation of essential public infrastructure and 
facilities to help communities and regions leverage their resources and 
strengths to create new and better jobs, drive innovation, become 
centers of competition in the global economy, and ensure resilient 
economies. For example, EDA may provide funding to a consortium of 
District Organizations to support the construction of a technology 
center that provides laboratory, office, and manufacturing space and 
leverages the resources of local universities, entrepreneurial 
networks, and the District Organizations themselves to provide 
comprehensive assistance to technology-oriented businesses with 
significant growth potential.
    EDA allocated $133,280,000 for the Public Works and Economic 
Development Facilities Program in FY 2010. The average size of a Public 
Works investment was approximately $1.7 million, though investments 
ranged in size from $500,000 to $2,000,000.

2. Economic Adjustment Assistance Program (CFDA No. 11.307; 13 CFR Part 
307)

    Through the Economic Adjustment Assistance Program, EDA provides a 
wide range of construction and non-construction assistance, including 
public works, technical assistance,

[[Page 63151]]

strategies, and revolving loan fund (RLF) projects, in regions 
experiencing severe economic dislocations that may occur suddenly or 
over time. This program is designed to respond flexibly to pressing 
economic recovery issues and is well suited to help address challenges 
faced by U.S. communities and regions. For example, EDA might provide 
funding to a university or community college to launch a Regional 
Innovation Cluster (RIC) strategy that supports or provides technical 
assistance to smaller manufacturers to promote the growth of varied 
industrial clusters, stem job losses in manufacturing businesses as a 
result of foreign competition, accelerate the commercialization of 
research, support high-growth entrepreneurship, and promote the 
successful diversification of the region's economy.
    EDA will continue to consider applications from communities 
experiencing adverse economic changes due to base realignment and 
closures (BRAC) and Federally declared disasters when awarding 
assistance from FY 2011 Economic Adjustment Assistance Program funds. 
EDA will help American workers, businesses, and communities affected by 
military base closures or realignments; defense contractor reductions 
in force; Federally declared disasters; or economic deterioration due 
to other disasters, by providing assistance for planning, coordinating 
the use of Federal resources available to support economic development 
recovery, and developing regionally focused economic recovery and 
growth strategies.
    EDA allocated $38,620,000 to the Economic Adjustment Assistance 
Program in FY 2010. The average size of an Economic Adjustment 
investment was approximately $550,000, though investments ranged from 
$100,000 to $1,250,000.

3. Global Climate Change Mitigation Incentive Fund

    From amounts otherwise made available for the Economic Development 
Assistance Programs authorized under PWEDA, EDA generally allocates 
funds for the GCCMIF to support projects that foster economic 
competitiveness while enhancing environmental quality. EDA anticipates 
that these funds will be used to advance the green economy by 
supporting projects that create jobs through and increase private 
capital investment in initiatives to limit the nation's dependence on 
fossil fuels, enhance energy efficiency, curb greenhouse gas emissions, 
and protect natural systems. GCCMIF assistance is available to finance 
a variety of sustainability focused projects, including renewable 
energy end-products, the greening of existing manufacturing functions 
or processes, and the creation of certified green facilities. For 
example, EDA might provide funding to a non-profit working in 
cooperation with a county to construct a technology-focused business 
incubator that achieves platinum status under the U.S. Green Building 
Council's Leadership in Energy and Environmental Design (LEED) rating 
system and to expand job training opportunities in industrial and green 
technologies.
    An applicant seeking funding for an eligible project that will be 
funded exclusively or mostly from the GCCMIF should apply in the same 
manner that it would apply for Economic Adjustment Assistance Program 
funding. The applicant must include in the project narrative a detailed 
explanation of how the proposed project will help advance the goals of 
the GCCMIF. For more information on the goals of this initiative, 
contact the designated point of contact listed in section IX. of the 
FFO for the EDA regional office servicing your geographic area.
    EDA allocated $25,000,000 in FY 2010 for the GCCMIF. The average 
size of a GCCMIF investment was approximately $840,000, though 
investments ranged from $200,000 to $1,500,000.
    Please note that all of the above examples, average funding 
estimates, and ranges are informational only and are not intended to 
restrict future awards. Please also see section II.A. of the FFO.
    What type of funding instrument will be used to make awards and how 
long will project periods be? Subject to the availability of funds, EDA 
may award grants or enter into cooperative agreements with an eligible 
applicant in order to provide funding for eligible investment 
activities. Project periods are dependent on the nature of the project 
and the EDA program under which the grant or cooperative agreement for 
the project is awarded. The project period generally depends upon the 
project scope of work. For example, the project period for a 
construction investment under EDA's Public Works Program may last for 
three years until construction is completed satisfactorily; while a 
strategy investment under EDA's Economic Adjustment Assistance Program 
may allow for one to three years for completion of the scope of work, 
depending on its complexity and/or urgency. EDA expects that all 
projects will proceed efficiently and expeditiously and encourages 
investments with demonstrated capacity to be implemented quickly and 
effectively, accelerating positive economic impacts.
    Applicant Eligibility. Pursuant to PWEDA, eligible applicants for 
and eligible recipients of EDA investment assistance 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 are not eligible for investment 
assistance under PWEDA. In addition, EDA is not authorized to provide 
grants directly to individuals or to for-profit entities seeking to 
start or expand a private business. Such requests may be referred to 
State or local agencies, or to non-profit economic development 
organizations serving the region in which such a project will be 
located.
    Economic Distress Requirements. Applicants are responsible for 
demonstrating to EDA the nature and level of economic distress in the 
region impacted by the proposed project. Applicants also are 
responsible for defining the region that the project will assist and 
must provide supporting statistics and other information, as 
appropriate. To be eligible under this notice, 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 24 month period for which data are available, at least one 
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, 80 percent or less of the national average per 
capita income; or (iii) a ``Special Need,'' as determined by EDA and as 
discussed below under ``Special Need Criteria'' and in section VII. of 
the FFO. See section 301 of PWEDA (42 U.S.C. 3161) and 13 CFR 301.3. 
EDA will evaluate the economic dislocations in the impacted region 
defined by the applicant and any supporting data provided by the 
applicant.

[[Page 63152]]

    EDA reviews project eligibility at the time a complete application 
is received in the regional office. For economic distress levels based 
upon the unemployment rate or per capita income requirements, EDA will 
base its determination on the most recent American Community Survey 
(ACS) published by the U.S. Census Bureau for either: the region 
impacted by the proposed project, the geographic area where substantial 
direct project-related benefits will occur, or the geographic area of 
poverty or high unemployment, as applicable. If a recent ACS is not 
available to determine project eligibility, EDA will base its decision 
on the most recent Federal data from other sources (e.g., data 
available from the Census Bureau and the Bureaus of Economic Analysis, 
Labor Statistics, and Indian Affairs). If no Federal data are 
available, an applicant must submit to EDA the most recent data 
available through the government of the State in which the region is 
located (i.e., conducted by or at the direction of the State 
government). See section 301 of PWEDA (42 U.S.C. 3161) and 13 CFR 
301.3. Other data may be submitted, as appropriate, to substantiate 
eligibility based on a ``Special Need'' (see ``Special Need Criteria'' 
below and section VII. of the FFO). The project must be eligible on the 
date EDA receives the application. In the case of an application 
received by EDA more than six months before the time of award, EDA will 
re-evaluate the project to determine continued eligibility for EDA 
investment assistance before making an award. EDA will reject any 
documentation of eligibility that it determines is inaccurate or 
incomplete, which may cause the application to be rejected.
    What is the cost sharing or matching requirement? Generally, the 
amount of the EDA grant may not exceed 50 percent of the total cost of 
the project. Projects may receive an additional amount that shall not 
exceed 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 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 regarding these determinations.
    In the application review process, EDA will consider the nature of 
the contribution (cash or in-kind) and the amount of the matching share 
funds. EDA will give preference to applications that include cash 
contributions (over in-kind contributions) as the matching share. 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.
    Evaluation Criteria. EDA will evaluate applications based on their 
ability to satisfy the following core evaluation criteria, with each 
criterion assigned the weight indicated:

1. National Strategic Priorities. (30%)

    EDA seeks to fund applications that encourage job growth and 
business expansion, as well as promoting one or more of the following 
initiatives:
     Technology-led economic development,
     Support to small- and medium-sized businesses,
     Global competitiveness and innovation,
     Responses to economic dislocation because of auto industry 
restructuring or natural disasters,
     Commercialization of research, and/or
     Environmentally sustainable development.

2. Economically Distressed and Underserved Communities (25%)

    EDA seeks to fund applications that strengthen diverse communities 
that have suffered disproportionate economic and job losses or long-
term severe economic distress, and/or are rebuilding to become more 
competitive in the global economy.

3. Return on Investment (25%)

    EDA seeks to fund applications that demonstrate a high return on 
EDA's investment by demonstrating that the project will:
     Lead to the creation and/or retention of jobs, 
particularly high wage jobs for a particular community,
     Serve as a catalyst for private sector investment, and/or
     Be likely to stimulate economic development by 
demonstrating a high probability of leading to actionable projects or 
identifying specific benchmarks that will measure progress towards 
outputs.
    Please note that the first two criteria above will be applied to 
applications for construction assistance, and the third to applications 
for non-construction assistance.

4. Collaborative Regional Innovation (10%)

    EDA seeks to fund applications that support the development and 
growth of innovation clusters based on existing regional competitive 
strengths, which may be demonstrated by the extent to which an 
investment will:
     Promote collaboration among multi-jurisdictional 
leadership,
     Link and leverage regional assets, and/or
     Implement or build upon effective planning efforts.

5. Public/Private Partnerships (10%)

    EDA seeks to fund applications that use both public and private 
sector resources, and/or leverage complementary investments by other 
government/public entities and/or non-profits.
    All applicants are expected to provide a clear and detailed 
explanation as to how the proposed project will meet one or more of 
EDA's core evaluation criteria. For example, an applicant proposing 
technical assistance to help businesses develop and expand overseas 
markets via a business incubator or technology-based economic 
development center, for example, should include a detailed explanation 
as to how the applicant will assist their clients (start-ups or 
existing businesses) to develop markets abroad. EDA will consider 
applications that include such an explanation, including performance 
measures and deliverables, as applicable, more competitive than those 
that do not.
    Please also see EDA's investment priorities for this notice, which 
may be

[[Page 63153]]

found on EDA's Web site at http://www.eda.gov/InvestmentsGrants/InvestmentPriorities.xml. Applicants are encouraged to review these 
priorities as they develop their projects.
    Application Review and Selection Procedures. Throughout the review 
and selection process, EDA reserves the right to seek clarification in 
writing from applicants whose applications are being reviewed and 
considered. Applicants may be asked to clarify objectives and work 
plans and modify budgets or other specifics necessary to comply with 
Federal requirements and provide supplemental information required by 
the agency before award.

1. Optional Preliminary Reviews

    EDA offers eligible applicants the option of receiving written 
feedback on their application before a funding cycle deadline. 
Ineligible applicants will be informed that they are ineligible for EDA 
funding. Please see section III.A. of the FFO for eligibility 
requirements. EDA will conduct a preliminary technical and merit review 
within 15 business days of its receipt of an application that meets the 
requirements set out in section V.A. of the FFO. The applicant will 
receive notification detailing any technical deficiencies identified 
during the review (for example, an incomplete preliminary engineering 
report or the need for a co-applicant), as well as an initial 
assessment of the application's competitiveness based on the criteria 
described below under ``Evaluation Criteria'' and in section IV.A. of 
the FFO. Applicants will be told if their application receives a ``non-
competitive,'' ``competitive,'' or ``highly competitive'' rating. Based 
on this feedback, the applicant may revise and/or supplement the 
application or submit a substantially revised application by the 
funding cycle deadline or in time for consideration in a subsequent 
funding cycle. Note that EDA will apply the same evaluation criteria 
for conducting preliminary reviews as for reviewing complete 
applications after the funding cycle deadline. Please read carefully 
section V.A. of the FFO, which provides information on preliminary 
review requirements and procedures.

2. Responsiveness and Merit Reviews

    EDA's regional office staff will review all complete applications 
from eligible applicants received by a funding cycle deadline for 
responsiveness. Applicants that are ineligible for EDA funding will be 
informed that they are ineligible. Applications that do not contain all 
forms and required documentation listed in section V.B. of the FFO may 
be deemed non-responsive and excluded from further consideration. EDA 
expects all applicants to complete and include all required forms and 
documentation. However, EDA in its sole discretion reserves the right 
to consider timely and otherwise complete applications that may contain 
non-substantive technical deficiencies.
    After the responsiveness review, EDA staff will conduct a merit 
review for all applications determined to be responsive to this 
announcement. During the merit review process staff will evaluate 
independently applications based on the evaluation criteria listed 
below under ``Evaluation Criteria'' and in section IV.A. of the FFO. 
EDA staff will evaluate applications according to three categories: 
``non-competitive,'' ``competitive,'' and ``highly competitive.'' 
Applications that are evaluated as ``non-competitive'' during the merit 
review will not receive further review. Applications that are evaluated 
as ``competitive'' or ``highly competitive'' will be forwarded to an 
EDA Investment Review Committee for further evaluation.
    EDA staff will notify applicants of the results of the merit 
review. Please note that notification that an application has been 
categorized as ``competitive'' or ``highly competitive'' is not a 
guarantee of funding. EDA receives far more competitive applications 
than it can fund.

3. Investment Review Committee

    Each regional office will convene an Investment Review Committee 
(IRC) that consists of at least four Federal employees. One of the four 
members of each IRC will be appointed by the Deputy Assistant Secretary 
for Regional Affairs to represent EDA Headquarters and provide quality 
control assurance. Each IRC will discuss and evaluate each 
``competitive'' and ``highly competitive'' application to determine if 
it meets the program-specific award and application requirements 
provided in 13 CFR 305.2 for Public Works investments and 13 CFR 307.2 
and 307.4 for Economic Adjustment Assistance investments. The IRC also 
will apply the Selecting Factors set out below.
    The IRC will recommend to the Regional Director those applications 
that merit funding. EDA expects to fund applications evaluated as 
``highly competitive'' under the merit review; however, the IRC may 
decide not to make a recommendation, or may recommend an application 
categorized as ``competitive'' rather than ``highly competitive'' for 
several reasons, including the following Selecting Factors:
     A determination that the application better meets the 
overall objectives of section 2 of PWEDA (42 U.S.C. 3121);
     Relative economic distress of the applicant;
     Financial or management capability of the applicant;
     Availability of program funding;
     Geographic balance in distribution of program funds;
     Balance of diverse project types in the distribution of 
program funds;
     Balanced funding for a diverse group of organizations, to 
include smaller and rural organizations, which may form part of a 
broader consortium to serve diverse populations and areas within the 
regional office's territory;
     The applicant's performance under previous Federal 
financial assistance awards;
     A determination that a project is more likely to create 
jobs in a shorter timeframe; or
     Whether the project will enable BRAC-impacted communities 
to transition from a military to civilian economy and otherwise respond 
to economic impacts.

4. Grants Officer

    Each region's IRC makes its recommendations to the respective 
Regional Director, who is the Grants Officer under this notice and who 
makes the final decision on whether to fund an application. The 
Regional Director might select a project that was not recommended by 
the IRC, or not to fund a project that was recommended, based on any of 
the Selecting Factors described above. The Regional Director's final 
decision must be consistent with EDA's and the DOC's published 
policies. Anytime the Regional Director makes a selection that differs 
from the IRC's recommendation, the Regional Director will document the 
rationale for the decision in writing.
    As part of the selection process, EDA reserves the right to seek 
clarifications in writing from applicants for those applications deemed 
to have highest merit in order to facilitate the selection process.
    Technical Assistance. Before each funding cycle deadline, EDA will 
provide technical assistance through its regional offices and via 
teleconferences and webinars to help assist applicants through the 
application process. Please see EDA's Web site at http://www.eda.gov/InvestmentsGrants/Grant%20Process.xml for more information on such 
opportunities. In order to ensure that applicants meet all

[[Page 63154]]

the requirements for a complete application, EDA encourages applicants 
to take advantage of these opportunities or to contact the point of 
contact for their region before submitting an application.
    Additionally, an applicant may submit an application in advance of 
a funding cycle deadline to receive a preliminary review and written 
feedback on the technical and competitive merits of the proposed 
project. Please see section V.A. of the FFO for more information on 
this option.
    Intergovernmental Review. Applications submitted under this notice 
are subject to the requirements of Executive Order (EO) 12372, 
``Intergovernmental Review of Federal Programs,'' if a State has 
adopted a process under Executive Order 12372 to review and coordinate 
proposed Federal financial assistance and direct Federal development 
(commonly referred to as the ``single point of contact review 
process''). All applicants must also give State and local governments a 
reasonable opportunity to review and comment on the proposed Project, 
including review and comment from area-wide planning organizations in 
metropolitan areas, as provided for in 15 CFR part 13. To find out more 
about a State's process under EO 12372, applicants may contact their 
State's Single Point of Contact (SPOC). Names and addresses of some 
States' SPOCs are listed on the Office of Management and Budget's home 
page at http://www.whitehouse.gov/omb/grants/spoc.html. Section A.11. 
of Form ED-900 provides more information and allows applicants to 
demonstrate compliance with EO 12372.

Are there any restrictions on the use of EDA funds?

    Regulations, Administrative Requirements, and Cost Principles. 
Specific regulations, administrative requirements, and cost principles 
govern the use of EDA funds. The general and administrative 
requirements for EDA awards are set forth in 13 CFR parts 300-302. 
Specific application and award requirements for the Public Works and 
Economic Adjustment Assistance Programs are provided in 13 CFR parts 
305 and 307, respectively. Note that EDA funds may not be used directly 
or indirectly to reimburse any attorneys' or consultants' fees incurred 
in connection with expediting applications for investment assistance. 
See 13 CFR 302.10. Please contact the applicable regional office listed 
in section IX. of the FFO for application and award requirements 
applicable to the GCCMIF Program. The uniform administrative 
requirements for DOC grants and cooperative agreements are codified at 
15 CFR parts 14 and 24, as applicable. Note that for EDA's purposes, 15 
CFR part 14 governs awards made to institutions of higher education and 
non-profit organizations and 15 CFR part 24 governs awards made to 
States and local governments. Funds awarded cannot necessarily pay for 
all the costs that the recipient may incur in the course of carrying 
out the project. Allowable costs under an EDA award are determined in 
accordance with the following regulations (incorporated by reference at 
15 CFR parts 14 and 24): (i) 2 CFR part 220, ``Cost Principles for 
Educational Institutions (OMB Circular A-21)''; (ii) 2 CFR part 225, 
``Cost Principles for State, Local and Indian Tribal Governments (OMB 
Circular A-87)''; (iii) 2 CFR part 230, ``Cost Principles for Nonprofit 
Organizations (OMB Circular A-122)''; and (iv) Federal Acquisition 
Regulation Subpart 31.2, ``Contracts with Commercial Organizations,'' 
codified at 48 CFR 31.2. Applicable administrative requirements and 
Federal cost principles are incorporated by reference into the terms 
and conditions of each EDA award. Generally, costs that are allowable 
include salaries, supplies, and other expenses that are reasonable and 
necessary for the completion of the scope of work. Indirect costs are 
not allowed on construction projects under this notice.
    Nonrelocation. Applicants are advised that should an application be 
selected for award, the recipient will be required to adhere to a 
special award condition relating to EDA's nonrelocation policy as 
follows:

    In signing this award of financial assistance, Recipient(s) 
attests that EDA funding is not intended by the Recipient to assist 
its efforts to induce the relocation of existing jobs within the 
U.S. that are located outside of its jurisdiction to within its 
jurisdiction in competition with other U.S. jurisdictions for those 
same jobs. In the event that EDA determines that its assistance was 
used for those purposes, EDA retains the right to pursue appropriate 
enforcement action in accord with the Standard Terms and Conditions 
of the Award, including suspension of disbursements and termination 
of the award for convenience or cause, which may include the 
establishment of a debt requiring the Recipient to reimburse EDA.

    For purposes of ensuring that EDA assistance will not be used to 
merely transfer jobs from one location in the United States to another, 
each applicant must inform EDA of all employers that constitute primary 
beneficiaries of the project assisted by EDA. EDA will consider an 
employer to be a ``primary beneficiary'' if the applicant estimates 
that such employer will create or save 100 or more permanent jobs as a 
result of the investment assistance, provided that such employer also 
is specifically named in the application as benefiting from the 
project, or is or will be located in an EDA-assisted building, port, 
facility, or industrial, commercial, or business park constructed or 
improved in whole or in part with investment assistance prior to EDA's 
final disbursement of funds. In smaller communities, EDA may extend 
this policy to the relocation of 50 or more jobs.

Application Submission Requirements and Procedures

    How can my organization submit an application? EDA will accept 
applications electronically through http://www.grants.gov as detailed 
in section V.H. of the FFO or in hard copy to the applicable regional 
office listed above under ADDRESSES and in section IX. of the FFO.
    Optional Preliminary Review Requirements. As noted above under 
``Application Review and Selection Procedures'' and in section V.A. of 
the FFO, eligible applicants have the option of requesting preliminary 
feedback on an application's technical and competitive merits from EDA 
at any time. Once an application is received, EDA will conduct a 
preliminary technical and merit review and provide written feedback to 
the applicant not later than 15 business days from the date of EDA's 
receipt of the application. EDA will apply the same evaluation criteria 
for conducting preliminary reviews as for reviewing complete 
applications after the funding cycle deadline. In addition, EDA will 
provide the applicant with its assessment from a preliminary review 
based only on the application submitted by the applicant. Please read 
section V.A. of the FFO carefully for complete information on what an 
applicant must submit for a preliminary review.
    Applicants that submit the required information for a preliminary 
review will be notified of any technical deficiencies and if an 
application is evaluated as ``non-competitive,'' ``competitive,'' or 
``highly competitive.'' The applicant may modify or supplement the 
application based on this feedback or submit a substantially revised 
application by the funding cycle deadline or in time for consideration 
in a future funding cycle, and these decisions rests solely with the 
applicant.
    An applicant that elects to receive feedback should take care to 
submit the

[[Page 63155]]

application sufficiently in advance of the funding cycle deadline so 
that EDA can provide feedback and the applicant can revise and/or 
provide additional documentation or submit a new application by the 
funding cycle deadline. EDA will make best efforts to review and 
provide feedback on applications submitted close to a funding cycle 
deadline; however EDA may not be able to provide feedback in a 
compressed timeframe. If an applicant does not submit its application 
in time for EDA to conduct a preliminary review for a particular 
funding cycle, EDA will still provide feedback to the applicant, but 
the feedback may be provided after the funding cycle deadline. However, 
if, in such a situation, if EDA determines an application is 
substantially deficient, the application will not receive further 
consideration during that funding cycle. If the applicant wishes for 
the application to be considered in a future funding cycle, the 
applicant must submit additional documentation to cure the deficiency 
or complete the documentation by the relevant deadline.
    If EDA's written preliminary review instructs that an application 
is deficient or incomplete and the applicant does not revise and or 
supplement by the funding cycle deadline, EDA will not give the 
application further consideration. Applicants are strongly encouraged 
to submit as complete an application as possible. EDA's staff will be 
better able to perform a more comprehensive assessment and provide 
clear guidance if the applicant provides more and higher quality 
information. In all cases, an applicant must submit a complete 
application by a funding cycle deadline to be considered for funding in 
that funding cycle. Please see section V.B. of the FFO for information 
on a complete application.
    Applicants are urged to seek technical assistance from EDA before 
submitting an application; however, in no event will a potential 
applicant be denied the ability to submit an application for EDA's 
consideration. Please note that the preliminary review described in 
this subsection is optional and is not required. An applicant retains 
full discretion to submit a complete application at any time.
    What does a complete application package contain? The applicant 
must complete and submit the Application for Investment Assistance 
(Form ED-900) and accompanying supplemental information, the Federal 
grant assistance forms from the Standard Form (SF) 424 family, and 
certain DOC (CD) forms, as appropriate, as part of a complete 
application package. The specific SF forms required with the Form ED-
900 depend on whether the applicant seeks construction or non-
construction assistance. The following will assist the applicant in 
determining which forms are required for a complete application. Please 
see section V.D. of the FFO for information on obtaining application 
packages.

1. Construction Assistance

    An applicant seeking assistance for a project with construction 
components is required to complete and submit the following:
     Form ED-900 (Application for Investment Assistance) and 
accompanying supporting documentation. One form per project is 
required. Please read the paragraphs below carefully for important 
information on submitting a complete Form ED-900.
     One Form SF-424 (Application for Federal Assistance) from 
each co-applicant, as applicable.
     Form SF-424C (Budget Information--Construction Programs). 
One form per project is required.
     One Form SF-424D (Assurances--Construction Programs) from 
each co-applicant, as applicable.
     One Form CD-511 (Certification Regarding Lobbying) from 
each co-applicant, as applicable.

2. Non-Construction Assistance

    An applicant seeking assistance for a project without construction 
components is required to complete and submit the following:
     Form ED-900 (Application for Investment Assistance) and 
accompanying supporting documentation. One form per project is 
required. Please read the paragraphs below carefully for important 
information on submitting a complete Form ED-900.
     One Form SF-424 (Application for Federal Assistance) from 
each co-applicant, as applicable.
     Form SF-424A (Budget Information--Non-Construction 
Programs). One form per project is required.
     One Form SF-424 B (Assurances--Non-Construction Programs) 
from each co-applicant, as applicable.
     One Form CD-511 (Certification Regarding Lobbying) from 
each co-applicant, as applicable.
    In addition, applicants may be required to provide certain lobbying 
information using Form SF-LLL (Disclosure of Lobbying Activities). Form 
ED-900 provided detailed guidance to help 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 
competition. Some applicants, including non-profits and first-time 
recipients of DOC funding, may be required to complete an individual 
background screening using Form CD-346 before an award may be made; 
however, please note that this form is not required for a complete 
application, and EDA will request it when necessary.

3. Content of Form ED-900 and Instructions for Submitting a Complete 
Application

    This section provides detailed instructions on what to expect when 
completing Form ED-900. Please note that some documentation that Form 
ED-900 advises may be submitted at a later date must be submitted by a 
funding cycle deadline to be considered for funding in that cycle.
    Form ED-900 is divided into lettered sections that correspond to 
the specific EDA program for which an applicant is applying and that 
address all of EDA's statutory and regulatory requirements. Applicants 
applying under this opportunity will select that they are applying only 
for Public Works or Economic Adjustment Assistance on the first page of 
Section A of the form and the correct sections and exhibits required 
will automatically populate the form. As noted in section II.A.3. of 
the FFO, GCCMIF applicants should apply in the same manner that they 
would apply for Economic Adjustment Assistance. Based on program and 
project type, the following table details the sections and exhibits in 
Form ED-900 that the applicant must complete as well as the required 
supporting documentation.
    Any application that does not have all of the required Form ED-900 
sections and supplemental documentation will be considered incomplete. 
However, EDA, in its sole discretion, may determine that an omission 
was a non-substantial technical deficiency that can easily be rectified 
or cured and continue its consideration of the application in that 
funding cycle.

[[Page 63156]]



------------------------------------------------------------------------
              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 the application has
                                          construction components and
                                          Section N if the application
                                          has only design/engineering
                                          requirements. Complete Section
                                          E if the application has no
                                          construction components.
For Design and Engineering Assistance    Complete Sections A, B, and N
 under the Public Works or Economic       and Exhibit C.
 Adjustment Programs.
Revolving Loan Fund Assistance under     Complete Sections A, B, E, K,
 the Economic Adjustment Program.         and L and Exhibit C.
------------------------------------------------------------------------

    In general, EDA does not typically reimburse pre-award project 
costs. Applicants that are in need of pre-award project cost 
reimbursement should work closely with EDA staff at the applicable 
regional office to determine if their pre-award costs may be considered 
for reimbursement. Note that for these costs to be eligible for 
reimbursement, the applicant must competitively procure services 
pursuant to the Federal Government's procurement procedures. 
Procurement requirement for institutions of higher education and non-
profits are set out at 15 CFR 14.40-14.48 and requirements for State 
and local governments are set out at 15 CFR 24.36. Please note that 
these pre-award costs will only be considered for reimbursement if an 
applicant receives an award. As noted under section II.A. of the FFO, 
neither EDA nor DOC will be held responsible for application 
preparation expenditures, which are distinguishable from pre-award 
project costs.
    Please note that all required documentation submitted for a 
complete application, including any required engineering reports and 
environmental narratives, must be current.
    In addition to the required application forms, applicants must also 
submit certain supporting documentation for a complete application. 
Because of EDA's new funding cycle process, some instructions contained 
in Form ED-900 will be superseded by this notice and the companion FFO. 
Some documentation that Form ED-900 advises may be submitted at a later 
date must be submitted by a funding cycle deadline to be considered for 
funding in that cycle. The following list details the required 
submissions for applications by project type.
    For all types of projects, both construction and non-construction, 
the following are required:
     Projects must be consistent with the region's 
Comprehensive Economic Development Strategy (CEDS) or alternate EDA-
approved strategic planning document that meets EDA's CEDS or strategy 
requirements. A summary of EDA's CEDS and strategy requirements can be 
found at http://www.eda.gov/InvestmentsGrants/Grant%20Process.xml. See 
also section A.3. of Form ED-900, which requires applicants to identify 
the relevant plan. If EDA does not already have the applicable plan, 
the applicant may be required to provide it. Please contact the 
applicable regional office listed in section IX of the FFO for more 
information.
     Documentation confirming non-EDA funding, for examples 
letters of commitment and other documentation as necessary. For 
example, if bonds are contemplated as match, counsel opinion of the 
applicant's bonding authority and eligibility of the bonds for use as 
match, along with full disclosure of the type of bonds and the schedule 
of the applicant's intended bond issue are required. Please contact the 
applicable regional office listed in section IX. of the FFO with 
questions on this requirement. (See also section A.9. of Form ED-900).
    For construction projects only, the following are required:
     Maps of the project site (U.S. Geological Survey (USGS) 
map(s) and Federal Emergency Management Agency (FEMA) floodplain map 
(if applicable)) with project components and beneficiaries noted (see 
section A.2. of Form ED-900).
     Letters of commitment and assurances of compliance 
(Exhibit A to Form ED-900) from private beneficiaries of the proposed 
project (see section B.5. of Form ED-900).
     Comments from the metropolitan area review/clearinghouse 
agency, if applicable. If the comment period has not expired or 
comments were not received, a copy of the applicant's request for 
comments is sufficient (see section M.1. of Form ED-900).
     A preliminary engineering report (all required elements 
are listed in section M.3. of Form ED-900; special formatting is not 
required). For additional guidance on preparing a preliminary 
engineering report, see EDA's Web site at http://www.eda.gov/InvestmentsGrants/Grant%20Process.xml.
     An environmental narrative that will enable EDA to comply 
with its National Environmental Policy Act (NEPA) responsibilities. An 
environmental narrative outline that details required components may be 
accessed on EDA's Web site http://www.eda.gov/InvestmentsGrants/Grant%20Process.xml. Please note that the environmental narrative 
required for a complete application does not need to include all 
applicable approvals at the time of submission. Applicants must include 
Appendix A (Applicant's Certification Clause) to the environmental 
narrative signed by each co-applicant, as applicable.
     Copies of any existing correspondence with or sign-offs/
approvals from other agencies with respect to the project, such as the 
U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, or 
the State or Tribal Historic Preservation Officer. Please note that an 
applicant will not be required to submit all required sign-offs/
approvals by a funding cycle deadline for an application to be 
considered complete. If the application does not include sign-offs/
approvals from appropriate agencies and EDA subsequently determines 
that these are required, the applicant will be required to obtain them 
before EDA will approve an award. For additional information about this 
requirement, please contact the applicable Regional Environmental 
Officer (REO) listed in section IX. of the FFO.
     Copies of any other environmental studies that have 
already been completed for the project site, if available.
     Comments from the State Clearinghouse to comply with 
Executive Order 12372, if applicable. If the comment period has not 
expired or comments were not received, a copy of the applicant's 
request for comments is sufficient. Detailed information on the State 
Clearinghouse process can be accessed at http://www.whitehouse.gov/omb/grants_spoc.

[[Page 63157]]

    For Revolving Loan Fund projects only, the following is required:
     RLF Plan for the RLF's financial management. See EDA's 
regulation at 13 CFR 307.9 for more information on requirements for RLF 
Plans.
    For non-profit applicants only, including each non-profit co-
applicant, if applicable, the following are required:
     Certificate of good standing from the State in which the 
non-profit is incorporated, if applicable.
     A copy of the organization's current Articles of 
Incorporation, or other formation documents, as applicable, and By-
Laws.
     Resolution (or letter) from a general purpose subdivision 
of State government acknowledging that the organization is acting in 
cooperation with officials of that political subdivision.
    As noted under section IV.A. of the FFO, applicants are expected to 
provide a clear and detailed explanation as to how the proposed project 
will meet one or more of EDA's core evaluation criteria. EDA will 
consider applications that include such an explanation, with 
performance measures and deliverables, as applicable, as more 
competitive than those that do not.

Award Administration Information

    How will EDA notify applicants? EDA expects to notify applicants of 
its decision within 20 business days of a funding cycle deadline. EDA 
will retain unsuccessful applications in the applicable regional office 
in accordance with EDA's record retention schedule. EDA will notify 
applicants whose projects EDA expects to fund through the competitive 
evaluation process via a Non-Binding Commitment (NBC) letter. Although 
the letter expresses the applicant's success in the competitive portion 
of the evaluation process, it will not legally obligate EDA to make an 
award to the applicant. Once an applicant receives this letter, the 
applicant will be required to complete certain due diligence 
requirements and pass a set of technical reviews by EDA staff to ensure 
compliance with all applicable rules and regulations, including title, 
project ownership, environmental, and other requirements, as 
applicable. If the applicant successfully fulfills all requirements to 
EDA's satisfaction within the allotted time frame, the expectation is 
that EDA will proceed with the official award and obligation of funds.
    If the application is selected for funding and successfully 
completes all due diligence requirements, the EDA Grants Officer will 
issue the grant award (Form CD-450), which is the authorizing financial 
assistance award document. By signing the Form CD-450, the recipient 
agrees to comply with all award provisions. EDA will provide the Form 
CD-450 by mail or overnight delivery to the appropriate business office 
of the recipient's organization. The recipient must sign and return the 
Form CD-450 without modification within 30 days of receipt. If an 
applicant is awarded funding, neither DOC 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 DOC and of EDA. Applicants that do not receive an 
NBC letter or denial letter will be so advised and given the option to 
carry over their application for consideration in the next funding 
cycle.
    Information disclosure. The Freedom of Information Act (5 U.S.C. 
552 and DOC regulations at 15 CFR part 4) (FOIA) sets forth the process 
and procedure DOC follows to make requested material, information, and 
records publicly available. Unless prohibited by law and to the extent 
required under the FOIA, contents of applications, proposals, and other 
information submitted by applicants may be released in response to FOIA 
requests. Applicants should be aware that EDA may make certain 
application information publically available. The applicant should 
notify EDA if it believes any application information to be 
confidential.
    ``Special Need'' Criteria. The following criteria are published in 
accordance with 13 CFR 301.3(a)(1)(iii) and define what may constitute 
a ``Special Need'' (as defined in 13 CFR 300.3) sufficient to make a 
project eligible for Public Works or Economic Adjustment investment 
assistance, as described in section III.B. of the FFO. Only 
applications for Public Works or Economic Adjustment Assistance may be 
found eligible under a ``Special Need,'' and EDA will determine the 
maximum allowable investment rates for such projects. The applicant 
will be asked to present appropriate economic or demographic statistics 
to demonstrate a ``Special Need.''
    A project is eligible pursuant to a ``Special Need'' if the project 
is located in a region that meets one of the criteria described below:
    1. Closure or restructuring of industrial firms or loss of a major 
employer essential to the regional economy. A region has experienced 
either:
    a. An actual closure or restructuring of a firm(s) within the past 
12 months prior to application, resulting in sudden job losses and 
meeting the following dislocation criteria; or
    b. A threat of closure that results from a public announcement of 
an impending closure or restructuring of a firm(s) expected to occur 
within two years of application; AND
    c. Such actual or threatened closure results in sudden job losses 
meeting the following dislocation criteria:
     For regions with a population of at least 100,000, the 
actual or threatened dislocation is 500 jobs, or one percent of the 
civilian labor force (CLF), whichever is less.
     For regions with a population up to 100,000, the actual or 
threatened dislocation is 200 jobs, or one percent of the CLF, 
whichever is less.
    2. Substantial out-migration or population loss. An applicant 
seeking eligibility under this criterion will be asked to present 
appropriate and compelling economic or demographic data to demonstrate 
the special need.
    3. Underemployment, meaning employment of workers at less than 
full-time or at less skilled tasks than their training or abilities 
permit. An applicant seeking eligibility under this criterion will be 
asked to present appropriate and compelling economic and demographic 
data to demonstrate the special need.
    4. Military base closures or realignments, defense contractor 
reductions-in-force, or Department of Energy defense-related funding 
reductions.
    a. A military base closure refers to a military base that was 
closed or is scheduled for closure, realignment, or growth pursuant to 
the base closure and realignment process or other Department of Defense 
(DOD) process. Unless further extended by the Assistant Secretary, the 
region is eligible from the date of DOD's recommendation for closure, 
realignment, or growth until five years after the actual date of 
closing of the installation or five years after the announced 
realignment or growth actually occurs.
    b. A defense contractor reduction-in-force refers to a defense 
contractor(s) experiencing defense contract cancellations or reductions 
resulting from official DOD announcements and having aggregate value of 
at least $10 million per year. Actual dislocations must have occurred 
within one year of application to EDA and threatened dislocations must 
be anticipated to occur within two years of application to EDA. Defense 
contracts that expire in the normal course of business will not be 
considered to meet this criterion.

[[Page 63158]]

    c. A Department of Energy defense-related funding reduction refers 
to a Department of Energy facility that has experienced or will 
experience a reduction of employment resulting from its defense mission 
change. The area is eligible from the date of the Department of Energy 
announcement of reductions until five years after the actual date of 
reduced operations at the installation.
    5. Natural or other major disasters or emergencies, including 
terrorist attacks. Unless further extended by the Assistant Secretary, 
a region that has received one of the following disaster declarations 
is eligible to apply for EDA assistance for a period of 18 months after 
the date of declaration:
    a. A Presidentially Declared Disaster declared under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act, as amended (42 
U.S.C. 5121 et seq.); or
    b. A Federally Declared Disaster pursuant to the Magnuson-Stevens 
Fishery Conservation and Management Act, as amended (16 U.S.C. 
1861a(a)); or
    c. A Federally Declared Disaster pursuant to the Consolidated Farm 
and Rural Development Act, as amended (7 U.S.C. 1961); or
    d. A Federally Declared Disaster pursuant to the Small Business 
Act, as amended (Pub. L. 85-536, 72 Stat. 384 (1958)).
    6. Extraordinary depletion of natural resources or other impact 
attributable to a new or revised Federal regulation or policy that will 
have a significant impact on a community to avoid an extraordinary 
depletion of natural resources. For example, in the case of a Federal 
fishing regulation designed to promote and sustain a community and its 
fishery in the long-term, EDA could quickly help a coastal community 
respond to any short-term economic dislocations.
    7. Communities undergoing transition of their economic base as a 
result of changing trade patterns. An area certified as eligible by the 
North American Development Bank (NADBank) Program or the Community 
Adjustment and Investment Program (CAIP).
    8. Other special need. The area is experiencing other special or 
extraordinary economic adjustment needs, as determined by the Assistant 
Secretary.

Other Requirements

    The Department of Commerce Administrative and National Policy 
Requirements: Administrative and national policy requirements for all 
DOC awards are 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). 
This notice may be accessed by entering the Federal Register volume and 
page number provided in the previous sentence at the following Internet 
Web site: http://www.gpoaccess.gov/fr/index.html.
    Environmental and Historic Preservation Requirements: All 
applicants for EDA construction assistance are required to provide 
adequate environmental information. Each application will be reviewed 
by EDA for compliance with the National Environmental Policy Act of 
1969, as amended (NEPA). During the NEPA review process, applicants may 
be instructed to contact the designated State Historic Preservation 
Officer (SHPO) and/or participate in consultation with a tribe and/or a 
Tribal Historic Preservation Officer (THPO), provide approvals from 
other governmental agencies, or provide more detailed environmental 
information. The implementing regulations of 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, and 
records of decision, to the affected public, as specified in 40 CFR 
1506.6(b). For further guidance and information, please contact the REO 
in the appropriate regional office listed in section IX. of the FFO, or 
refer to the Environmental and Historic Preservation information on 
EDA's Web site, available at http://www.eda.gov/InvestmentsGrants/Grant%20Process.xml.
    OMB Circular A-133 Audit Requirements: Single or program-specific 
audits shall be performed in accordance with the requirements contained 
in OMB Circular A-133, ``Audits of States, Local Governments, and Non-
Profit Organizations,'' and the related Compliance Supplement. OMB 
Circular A-133 requires any non-Federal entity (i.e., non-profit 
organizations, including non-profit institutions of higher education 
and hospitals, States, local governments and Indian tribes) that 
expends Federal awards of $500,000 or more in the recipient's fiscal 
year to conduct a single or program-specific audit in accordance with 
the requirements set out in the Circular.
    The applicant is reminded that EDA or the DOC's Office of Inspector 
General also may conduct an audit of an award at any time.

Universal Identifier, and Central Contractor Registration Requirements 
and Reporting Under the Transparency Act

    DUNS Numbers and CCR Registration: Be advised that all applicants 
for Federal assistance are required to obtain a universal identifier in 
the form of Dun and Bradstreet Data Universal Numbering System (DUNS) 
numbers and maintain a current registration in the Central Contractor 
Registration (CCR) database. Per the requirements of 2 CFR part 25, 
each applicant must:
     Be registered in the CCR before submitting an application;
     Maintain an active CCR registration with current 
information at all times during which it has an active Federal award or 
an application under consideration by an agency; and
     Provide its DUNS number in each application or plan it 
submits to the agency.
    Please see also the Federal Register notice published September 14, 
2010 at 75 FR 55671.
    Reporting Under the Transparency Act: All recipients of a Federal 
award made on or after October 1, 2010 are required to comply with 
reporting requirements under the Federal Funding Accountability and 
Transparency Act of 2006 (Transparency Act) per the requirements of 2 
CFR part 170. In general, all recipients are responsible for reporting 
subawards of $25,000 or more. In addition, recipients that meet certain 
criteria are responsible for reporting executive compensation. 
Applicants must ensure they have the necessary processes and systems in 
place to comply with the reporting requirements should they receive 
funding. Please see also the Federal Register notice published 
September 14, 2010 at 75 FR 55663.
    Paperwork Reduction Act: This document contains collection-of-
information requirements subject to the Paperwork Reduction Act (PRA) 
and approved by OMB: Form ED-900 (Application for Investment 
Assistance) (OMB Control Number 0610-0094); Form SF-424 (Application 
for Financial Assistance) (OMB Control Number 4040-0004); Form SF-424A 
(Budget Information--Non-Construction Programs) (OMB Control Number 
4040-0006); Form SF-424B (Assurances--Non-Construction Programs) (OMB 
Control Number 4040-0007); Form SF-424C (Budget Information--
Construction Programs) (OMB Control Number 4040-0008), SF-424D 
(Assurances--Construction Programs) (OMB Control Number 4040-0009);

[[Page 63159]]

Form SF-LLL (Disclosure of Lobbying Activities) (OMB Control Number 
0348-0046); and Form CD-346 (Applicant for Funding Assistance) (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: October 7, 2010.
John Fernandez,
Assistant Secretary of Commerce for Economic Development.
[FR Doc. 2010-25896 Filed 10-13-10; 8:45 am]
BILLING CODE 3510-24-P