Title 13 of the Code of Federal Regulations Chapter III ...

1 Title 13 of the Code of Federal Regulations Chapter III Economic Development Administration, Department of Commerce This version of 13 CFR Chapter III is a work product of the Economic Development Administration (EDA) and is provided for convenience only. It should not be relied upon and EDA accepts no responsibility for any errors or omissions herein. For an official version of 13 CFR Chapter III, please consult the Code of Federal Regulations published by the Office of the Federal Register. SHORT TABLE OF CONTENTS PART 300 GENERAL INFORMATION .. 9 PART 301 ELIGIBILITY, INVESTMENT RATE AND APPLICATION REQUIREMENTS .. 14 PART 302 GENERAL TERMS AND CONDITIONS FOR INVESTMENT ASSISTANCE . 23 PART 303 PLANNING INVESTMENTS AND COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES .. 32 PART 304 ECONOMIC DEVELOPMENT DISTRICTS .. 38 PART 305 PUBLIC WORKS AND ECONOMIC DEVELOPMENT INVESTMENTS .. 41 PART 306 TRAINING, RESEARCH AND TECHNICAL ASSISTANCE INVESTMENTS 47 PART 307 ECONOMIC ADJUSTMENT ASSISTANCE INVESTMENTS.

2 50 PART 308 PERFORMANCE INCENTIVES .. 71 PART 309 REDISTRIBUTIONS OF INVESTMENT ASSISTANCE .. 73 PART 310 SPECIAL IMPACT AREAS .. 74 PART 311 [RESERVED] .. 75 PART 312 REGIONAL INNOVATION PROGRAM .. 75 PART 313 [Reserved] .. 82 PART 314 PROPERTY .. 82 PART 315 TRADE ADJUSTMENT ASSISTANCE FOR FIRMS .. 95 PARTS 316-399 [RESERVED] .. 108 FULL TABLE OF CONTENTS PART 300 GENERAL INFORMATION .. 9 Introduction and mission.. 9 EDA Headquarters and regional offices.. 9 Definitions.. 9 PART 301 ELIGIBILITY, INVESTMENT RATE AND APPLICATION REQUIREMENTS .. 14 Subpart A General .. 14 Overview of eligibility 14 Subpart B Applicant Eligibility .. 14 Applicant eligibility.. 14 Subpart C Economic Distress Criteria .. 15 Economic distress 15 Subpart D Investment Rates and Matching Share Requirements .. 17 Investment rates.. 17 Matching share requirements.. 20 Supplementary Investment Assistance.

3 20 Subpart E Application Requirements; Evaluation Criteria .. 21 Investment Assistance application.. 21 Application evaluation criteria.. 21 Application selection criteria.. 21 Formal application requirements.. 22 Infrastructure.. 22 PART 302 GENERAL TERMS AND CONDITIONS FOR INVESTMENT ASSISTANCE . 23 Environment.. 24 Procedures in disaster areas.. 24 Project servicing for loans, loan guaranties and Investment Assistance.. 24 Public information.. 25 Relocation assistance and land acquisition policies.. 25 Additional requirements; Federal policies and procedures.. 25 Amendments and changes.. 26 Pre-approval Investment Assistance 26 Inter-governmental review of projects.. 26 Attorneys' and consultants' fees, employment of expediters, and post-employment restriction.. 27 Economic development information clearinghouse.. 27 Project administration, operation and 27 Maintenance of standards.

4 28 Records.. 28 Acceptance of certifications made by Eligible Applicants.. 28 Accountability.. 28 Conflicts of interest.. 29 Post-approval requirements.. 30 31 Civil rights.. 31 PART 303 PLANNING INVESTMENTS AND COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES .. 32 Subpart A General .. 32 Overview of EDA's Planning Program.. 32 Definitions.. 33 Application requirements and evaluation criteria.. 33 Award requirements.. 34 Eligible administrative expenses.. 34 Subpart B Partnership Planning Assistance .. 34 Partnership Planning and the EDA-funded CEDS process.. 34 Requirements for Comprehensive Economic Development Strategies.. 36 Subpart C State and Short-Term Planning Assistance .. 37 Requirements for State plans.. 37 Requirements for short-term Planning Investments.. 37 PART 304 ECONOMIC DEVELOPMENT DISTRICTS .. 38 Designation of Economic Development Districts: Regional eligibility.

5 38 District Organizations: Formation, organizational requirements and operations.. 38 District modification and termination.. 40 Performance evaluations.. 41 PART 305 PUBLIC WORKS AND ECONOMIC DEVELOPMENT INVESTMENTS .. 41 Subpart A General .. 41 Purpose and scope.. 41 Award requirements.. 42 Application requirements.. 42 Projects for design and engineering work.. 43 Subpart B Requirements for Approved Projects .. 43 Project administration by District Organization.. 43 Allowable methods of procurement for construction services.. 44 Services performed by the Recipient's own forces.. 44 Recipient-furnished equipment and materials.. 45 Project phasing and Investment disbursement.. 45 Bid underrun and overrun.. 46 Contract awards; early construction start.. 46 Project sign.. 46 Contract change orders.. 47 Occupancy prior to completion.

6 47 PART 306 TRAINING, RESEARCH AND TECHNICAL ASSISTANCE INVESTMENTS 47 Subpart A Local and National Technical Assistance .. 47 Purpose and scope.. 47 Award requirements.. 48 Application requirements.. 49 Subpart B University Center Economic Development Program .. 49 Purpose and scope.. 49 Award requirements.. 49 Application requirements.. 50 Performance evaluations of University Centers.. 50 PART 307 ECONOMIC ADJUSTMENT ASSISTANCE INVESTMENTS .. 50 Subpart A General .. 51 Purpose.. 51 Criteria for Economic Adjustment Assistance Investments.. 51 Use of Economic Adjustment Assistance Investments.. 52 Award requirements.. 52 Application requirements.. 53 Subpart B Revolving Loan Fund Program .. 53 Revolving Loan Funds established for lending.. 53 Revolving Loan Fund award requirements.. 53 Definitions.. 54 Revolving Loan Fund Plan.. 56 Pre-loan requirements.

7 57 Pre-disbursement requirements and disbursement of funds to Revolving Loan Funds.. 58 Revolving Loan Fund Income requirements during the Revolving Phase; payments on defaulted and written off Revolving Loan Fund loans; Voluntarily Contributed Capital.. 60 Records and retention.. 62 Revolving Loan Fund report.. 63 Prudent management of Revolving Loan Funds.. 63 Risk Analysis System.. 64 Requirements for Revolving Loan Fund Cash Available for 65 Addition of lending areas; consolidation and merger of RLFs.. 66 RLF loan portfolio Sales and Securitizations.. 68 Noncompliance.. 68 Remedies for noncompliance.. 69 Variances.. 71 PART 308 PERFORMANCE INCENTIVES .. 71 Use of funds in Projects constructed under projected cost.. 71 Performance awards.. 72 Planning performance awards.. 72 PART 309 REDISTRIBUTIONS OF INVESTMENT ASSISTANCE .. 73 Redistributions under parts 303, 305 and 306.

8 73 Redistributions under part 307.. 73 PART 310 SPECIAL IMPACT AREAS .. 74 Special Impact Area.. 74 Pressing need; alleviation of unemployment or underemployment.. 74 PART 311 [RESERVED] .. 75 PART 312 REGIONAL INNOVATION PROGRAM .. 75 Subpart A General Provisions .. 75 Purpose and scope of the Regional Innovation Program.. 75 General definitions from Public Works and Economic Development Act Regulations inapplicable to this part.. 76 General definitions.. 76 Subpart B Regional Innovation Strategies Program .. 79 Purpose and scope of the Regional Innovation Strategies Program.. 79 Regional Innovation Strategies Program definitions.. 79 Eligible recipients.. 80 Eligible project activities.. 80 Investment rates.. 81 Matching share requirements.. 81 Application components.. 81 Application evaluation and selection criteria.. 82 General terms and conditions for investment assistance.

9 82 Subpart C Regional Innovation Research and Information Program [Reserved] .. 82 [Reserved] .. 82 PART 313 [Reserved] .. 82 PART 314 PROPERTY .. 82 Definitions.. 83 Federal Interest.. 84 Authorized use of Project Property.. 84 Unauthorized Use of Project Property.. 85 Federal Share.. 86 87 89 Recorded statement for Project Real Property.. 92 Recorded statement for Project Personal Property.. 93 Procedures for release of the Federal Interest.. 93 PART 315 TRADE ADJUSTMENT ASSISTANCE FOR FIRMS .. 95 Subpart A General Provisions .. 95 Purpose and scope.. 95 Definitions.. 95 Confidential Business Information.. 98 Eligible applicants.. 98 TAAC scope, selection, evaluation and awards.. 99 Firm eligibility for Adjustment Assistance.. 100 Subpart B Certification of Firms .. 101 Certification requirements.. 101 Processing petitions for certification.

10 103 Hearings.. 104 Loss of certification benefits.. 105 Appeals, final determinations and termination of certification.. 106 Subpart C Protective Provisions .. 106 Recordkeeping.. 106 Audit and examination.. 106 Certifications.. 106 Conflicts of interest.. 107 Subpart D Adjustment Proposals .. 107 Adjustment proposal requirements.. 107 Subpart E Assistance to Industries .. 108 Assistance to firms in import-impacted industries.. 108 PARTS 316-399 [RESERVED] .. 108 PART 300 GENERAL INFORMATION Authority: 42 3121; 42 3122; 42 3211; 15 3701; Department of Commerce Organization Order 10-4. Source: 71 FR 56675, Sept. 27, 2006, unless otherwise noted. Introduction and mission. EDA was created by Congress pursuant to the Public Works and Economic Development Act of 1965 to provide financial assistance to both rural and urban distressed communities. EDA's mission is to lead the Federal economic development agenda by promoting innovation and competitiveness, preparing American regions for growth and success in the worldwide economy.