CHAPTER III—ECONOMIC DEVELOPMENT …

1 695 CHAPTER III economic DEVELOPMENT ADMINISTRATION, DEPARTMENT OF COMMERCE Part Page 300 General information ..697 301 Eligibility, investment rate and application re-quirements ..700 302 General terms and conditions for investment as-sistance ..706 303 Planning investments and comprehensive eco-nomic DEVELOPMENT strategies ..712 304 economic DEVELOPMENT Districts ..716 305 Public works and economic DEVELOPMENT invest-ments ..718 306 Training, research and technical assistance invest-ments ..722 307 economic adjustment assistance investments ..724 308 Performance incentives ..736 309 Redistributions of investment assistance ..737 310 Special Impact Areas ..738 311 312 [Reserved] 313 Community trade adjustment assistance ..738 314 Property ..743 315 Trade adjustment assistance for firms ..751 316 399 [Reserved] VerDate Sep<11>2014 11:39 Feb 03, 2016 Jkt 238045 PO 00000 Frm 00705 Fmt 8008 Sfmt 8008 Q:\13\ 31lpowell on DSK54 DXVN1 OFR with $$_JOBVerDate Sep<11>2014 11:39 Feb 03, 2016 Jkt 238045 PO 00000 Frm 00706 Fmt 8008 Sfmt 8008 Q:\13\ 31lpowell on DSK54 DXVN1 OFR with $$_JOB697 PART 300 GENERAL INFORMATION Sec.

2 Introduction and mission. EDA Headquarters and regional of-fices. Definitions. AUTHORITY: 42 3121; 42 3122; 42 3211; Department of Commerce Orga-nization Order 10 4. SOURCE: 71 FR 56675, Sept. 27, 2006, unless otherwise noted. Introduction and mission. EDA was created by Congress pursu-ant to the Public Works and economic DEVELOPMENT Act of 1965 to provide fi-nancial assistance to both rural and urban distressed communities. EDA s mission is to lead the Federal eco-nomic DEVELOPMENT agenda by pro-moting innovation and competitive-ness, preparing American regions for growth and success in the worldwide economy. EDA will fulfill its mission by fostering entrepreneurship, innova-tion and productivity through Invest-ments in infrastructure DEVELOPMENT , capacity building and business develop-ment in order to attract private capital investments and new and better jobs to Regions experiencing substantial and persistent economic distress.

3 EDA works in partnership with distressed Regions to address problems associated with long-term economic distress as well as to assist those Regions experi-encing sudden and severe economic dis-locations, such as those resulting from natural disasters, conversions of mili-tary installations, changing trade pat-terns and the depletion of natural re-sources. EDA Investments generally take the form of Grants to or Coopera-tive Agreements with Eligible Recipi-ents. [79 FR 76123, Dec. 19, 2014] EDA Headquarters and re-gional offices. (a) EDA s Headquarters Office is lo-cated at: Department of Com-merce, economic DEVELOPMENT Admin-istration, 1401 Constitution Avenue NW., Washington, DC 20230. (b) EDA has regional offices through-out the United States and each re-gional office s contact information may be found on EDA s Internet Web site at or in the ap-plicable announcement of Federal Funding Opportunity issued by EDA.

4 Please contact the appropriate re-gional office to learn about EDA In-vestment opportunities in your Region. [79 FR 76123, Dec. 19, 2014] Definitions. As used in this CHAPTER , the following terms shall have the following mean-ings: Assistant Secretary means the Assist-ant Secretary for economic Develop-ment within the Department. Comprehensive economic DEVELOPMENT Strategy or CEDS means a strategy that meets the requirements of of this CHAPTER . Cooperative Agreement means the fi-nancial assistance award of EDA funds to an Eligible Recipient where substan-tial involvement is expected between EDA and the Eligible Recipient in car-rying out a purpose or activity author-ized under PWEDA or another statute. See 31 6305. Department means the Depart-ment of Commerce. District Organization means an organi-zation meeting the requirements of of this CHAPTER . economic DEVELOPMENT District or Dis-trict or EDD means any Region in the United States designated by EDA as an economic DEVELOPMENT District under of this CHAPTER (or such regula-tion as was previously in effect before the effective date of this section) and also includes any economic develop-ment district designated as such under section 403 of PWEDA, as in effect on February 10, 1999.

5 EDA means the economic Develop-ment Administration within the De-partment. Eligible Applicant means an entity qualified to be an Eligible Recipient or its authorized representative. Eligible Recipient means any of the following: (1) City or other political subdivision of a State, including a special purpose unit of State or local government en-gaged in economic or infrastructure de-velopment activities, or a consortium of political subdivisions; VerDate Sep<11>2014 11:39 Feb 03, 2016 Jkt 238045 PO 00000 Frm 00707 Fmt 8010 Sfmt 8010 Q:\13\ 31lpowell on DSK54 DXVN1 OFR with $$_JOB698 13 CFR Ch. III (1 1 16 Edition) (2) State; (3) Institution of higher education or a consortium of institutions of higher education; (4) Public or private non-profit orga-nization or association, including a community or faith-based non-profit organization, acting in cooperation with officials of a political subdivision of a State; (5) District Organization; (6) Indian Tribe or a consortium of Indian Tribes; or (7) Private individual or for-profit or-ganization, but only for Training, Re-search and Technical Assistance In-vestments pursuant to (d)(3) of this CHAPTER .

6 Federal Agency means a department, agency or instrumentality of the United States government. Federal Funding Opportunity or FFO means an announcement EDA pub-lishes during the fiscal year at http:// and on EDA s Internet Web site at that pro-vides the funding amounts, application and programmatic requirements, fund-ing priorities, special circumstances, and other information concerning a specific competitive solicitation for EDA s economic DEVELOPMENT assist-ance programs. EDA also may periodi-cally publish FFOs on specific pro-grams or initiatives. Federally Declared Disaster means a Presidentially Declared Disaster, a fisheries resource disaster pursuant to section 312(a) of the Magnuson-Stevens Fishery Conservation and Management Act, as amended (16 1861a(a)), or other Federally declared disasters pur-suant to applicable law. Grant means the financial assistance award of EDA funds to an Eligible Re-cipient, under which the Eligible Re-cipient bears responsibility for car-rying out a purpose or activity author-ized under PWEDA or another statute.

7 See 31 6304. Immediate Family means a person s spouse (or domestic partner or signifi-cant other), parents, grandparents, sib-lings, children and grandchildren, but does not include distant relatives, such as cousins, unless the distant relative lives in the same household as the per-son. In-Kind Contribution(s) means non- cash contributions, which may include contributions of space, equipment, services and assumptions of debt that are fairly evaluated by EDA and that satisfy applicable Federal cost prin-ciples and the requirements of 15 CFR parts 14 or 24, as applicable. Indian Tribe means an entity on the list of recognized tribes published pur-suant to the Federally Recognized In-dian Tribe List Act of 1994, as amended (Pub. L. 103 454) (25 479a et seq.), and any Alaska Native Village or Re-gional Corporation (as defined in or es-tablished under the Alaska Native Claims Settlement Act (43 1601 et seq.))

8 This term includes the gov-erning body of an Indian Tribe, non- profit Indian corporation (restricted to Indians), Indian authority, or other non-profit Indian tribal organization or entity; provided that the Indian tribal organization or entity is wholly owned by, and established for the benefit of, the Indian Tribe or Alaska Native Vil-lage. Interested Party means any officer, employee or member of the board of di-rectors or other governing board of the Recipient, including any other parties that advise, approve, recommend or otherwise participate in the business decisions of the Recipient, such as agents, advisors, consultants, attor-neys, accountants or shareholders. An Interested Party also includes the In-terested Party s Immediate Family and other persons directly connected to the Interested Party by law or through a business arrangement. Investment or Investment Assistance means a Grant or Cooperative Agree-ment entered into by EDA and a Re-cipient.

9 Investment Rate means, as set forth in of this CHAPTER , the amount of the EDA Investment in a particular Project expressed as a percentage of the total Project cost. Local Share or Matching Share means the non-EDA funds and any In-Kind Contributions that are approved by EDA and provided by a Recipient or third party as a condition of an Invest-ment. The Matching Share may include funds from another Federal Agency VerDate Sep<11>2014 11:39 Feb 03, 2016 Jkt 238045 PO 00000 Frm 00708 Fmt 8010 Sfmt 8010 Q:\13\ 31lpowell on DSK54 DXVN1 OFR with $$_JOB699 economic DEVELOPMENT Administration, Commerce only if authorized by statute that al-lows such use, which may be deter-mined by EDA s reasonable interpreta-tion of such authority. Presidentially Declared Disaster means a major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 5121 et seq.)

10 Project means the proposed or author-ized activity (or activities) the purpose of which fulfills EDA s mission and program requirements as set forth in PWEDA and this CHAPTER and which may be funded in whole or in part by EDA Investment Assistance. PWEDA means the Public Works and economic DEVELOPMENT Act of 1965, as amended (42 3121 et seq.). Recipient means an entity receiving EDA Investment Assistance, including any EDA-approved successor to the en-tity. Region or Regional means an eco-nomic unit of human, natural, techno-logical, capital or other resources, de-fined geographically. Geographic areas comprising a Region need not be con-tiguous or defined by political bound-aries, but should constitute a cohesive area capable of undertaking self-sus-tained economic DEVELOPMENT . For the limited purposes of determining eco-nomic distress levels and Investment Rates pursuant to part 301 of this chap-ter, a Region also may comprise a spe-cific geographic area defined solely by its level of economic distress, as set forth in (a)(2) and (a)(3) of this CHAPTER .