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11.300 GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT FACILITIES

FEDERAL AGENCY
ECONOMIC DEVELOPMENT ADMINISTRATION, DEPARTMENT OF COMMERCE

AUTHORIZATION
Public Works and Economic Development Act of 1965, as amended; 42 U.S.C. 3141, Section 201, Public Law 105-393; 112 Stat. 3596.

OBJECTIVES
To promote long-term economic development in areas experiencing substantial economic distress. EDA provides Public Works investments to support the construction of rehabilitation of essential public infrastructure and development facilities necessary to generate higher-skill, higher-wage jobs and private investment.

TYPES OF ASSISTANCE
Project Grants.

USES AND USE RESTRICTIONS
Investments in facilities such as water and sewer system improvements, industrial access roads, industrial and business parks, port facilities, railroad sidings, distance learning facilities, skill-training facilities, business incubator facilities, redevelopment of brownfields, eco-industrial facilities, and telecommunications infrastructure improvements needed for business retention and expansion. Eligible activities include the acquisition, rehabilitation, design and engineering, or improvement of public land or publically-owned and operated development facilities, including machinery and equipment. Projects may also include infrastructure for broadband deployment and other types of telecommunications-enabling projects and other kinds of technology infrastructure. Eligible projects must fulfill a pressing need of the area and must: 1) improve the opportunities for the successful establishment or expansion of industrial or commercial plants or facilities; 2) assist in the creation of additional long-term employment opportunities; or 3) benefit the unemployed/underemployed residents of the area or members of low-income families. In addition, all proposed investments must be consistent with the currently approved Comprehensive Economic Development Strategy for the area in which the project will be located, and the applicant must have the required local share of funds committed and available. Also, the project must be capable of being started and completed in a timely manner.

ELIGIBILITY REQUIREMENTS

Applicant Eligibility
States, cities, counties, an institution of higher education or a consortium of institutions of higher education, and other political subdivisions, Indian tribes, the Federated States of Micronesia, the Republic of the Marshall Islands, Commonwealths and territories of the U.S. flag, Economic Development Districts, and private or public nonprofit organizations or associations acting in cooperation with officials of a Political Subdivision of a State or Indian Tribe. Individuals, companies, corporations, and associations organized for profit are not eligible.

Beneficiary Eligibility
Private firms and unemployed and underemployed persons and/or members of low-income families are the primary beneficiaries of EDA's investments.

Credentials/Documentation
Applications must describe the type of facility proposed, estimated costs, purpose of proposed project, permanent private sector job impact (estimated payrolls, estimated private investment), estimated time for construction implementation and completion, and assurances that the project will satisfy EDA's statutory requirements. Most important, documentation must demonstrate how the project will satisfy a pressing need of the area and have a positive impact on the economic development of the community.

APPLICATION AND AWARD PROCESS

Preapplication Coordination
The Economic Development Representative (EDR) or other appropriate EDA official will meet with the applicant and community leaders to explore the applicability of the proposed project. If deemed appropriate, a proposal will be requested. After reviewing the proposal, the EDR and/or the regional office will notify the applicant regarding the decision to invite, or not invite an application. If the project appears viable, a pre-application conference with regional office personnel may be arranged at EDA's discretion. If EDA invites a formal application, the OMB-approved application form furnished by EDA must be used. An environmental impact assessment is required for this program. The review of the environmental impact assessment may result in an environmental impact statement being required. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the Single Point of Contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review.

Application Procedure
Applicants should contact the EDR servicing the State in which the project is located or other designated EDA official. The economic development representative or other appropriate EDA official assigned as coordinator for the project will provide necessary forms and assistance to interested applicants.

Award Procedure
Applications are invited and approved by the Regional Director and announced by the Assistant Secretary of Commerce for Economic Development.

Deadlines
Generally, the applicants are given 30 days after their applications have been invited to submit the formal application.

Range of Approval/Disapproval Time
Normally within 60 days of acceptance by EDA of a fully completed application.

Appeals
None.

Renewals
None.

ASSISTANCE CONSIDERATIONS

Formula and Matching Requirements
The basic grant rate may be up to 50 percent of the project cost. Severely depressed areas may receive supplementary grants to bring the Federal contribution up to 80 percent of the project cost; recognized Indian tribes may be eligible for up to 100 percent assistance. Additionally, eligible areas located within and actively participating in the operations of Economic Development Districts are, subject to the 80 percent maximum Federal grant limit, eligible for a 10 percent bonus on grants for public works projects. On average, EDA's investment covers approximately 50 percent of project costs.

Length and Time Phasing of Assistance
EDA funds, which are disbursed for costs incurred, are generally not disbursed until after all contracts for construction have been awarded. Supports the long- range economic development of areas with severe unemployment and low family income problems; supports the development of public works infrastructure and development facilities and private enterprise to help create new, permanent jobs.

POST ASSISTANCE REQUIREMENTS

Reports
Standard financial and performance reports are required, and special reports for specific projects may be requested. Compliance: Applicable statutes include the Architectural Barriers Act, Civil Rights Act, Davis Bacon Act, the Water Pollution Control Act, and other applicable Acts.

Audits
In accordance with the provisions of OMB Circular No. A-133, (Revised, June 27, 2003 with supplement of March 2003), recipients that are States, Local Governments, Non-profit Organizations (to include Hospitals), and Institutions of Higher Learning shall be subject to the audit requirements contained in the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507). States, local governments, and non-profit governments that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year.

Records
All financial and programmatic records, supporting documents, statistical reports, and other records of grantees or sub grantees are required to be maintained by the terms of the agreement. The grantee must retain records for 3 years from the date when the final expenditure report is submitted.

FINANCIAL INFORMATION

Account Identification
13-2050-0-1-452.

Obligations
Investments) FY 04 $196,151,000; FY 05 est $164,367,850; and FY 06 $0.

Range and Average of Financial Assistance
No statutory minimum or maximum amount; average investment in FY 2003 was $1,313,432.

PROGRAM ACCOMPLISHMENTS
In FY 2003, 159 Public Works investments were approved.

REGULATIONS, GUIDELINES, AND LITERATURE
Title 13 CFR Chapter III, Part 302, 304, 305, 316, 314 and 317; Annual Report; Economic Development Administration Civil Rights Guidelines. Department of Commerce Organization Order 10-4, as amended (40 FR 56702, as amended).

INFORMATION CONTACTS

Regional or Local Office
Refer to Appendix IV of the Catalog for EDA Regional Office addresses.

Headquarters Office
Refer to Appendix IV of the Catalog for EDA Regional Office addresses and telephone numbers.

Web Site Address
http://www.commerce.gov/eda/


EXAMPLES OF FUNDED PROJECTS
(1) Infrastructure for industrial park development; (2) port development and expansion; (3) infrastructure necessary for economic development (e.g. water/sewer facilities); (4) renovation and recycling of old industrial buildings; (5) construction of vocational/technical facilities and skill centers; (6) construction of incubator facilities; (7) redevelopment of brownfields; and (8) Eco-industrial development.

CRITERIA FOR SELECTING PROPOSALS
Project proposals must be located within an economically distressed EDA eligible area and be in conformance with a Comprehensive Economic Development Strategy (CEDS) for the eligible area. Projects must also contribute to long-term economic development of the area by creating or retaining permanent jobs and raising income levels. In FY 2004, EDA will give priority consideration to projects that assist the nation's most economically distressed areas, such as (1) areas with persistently high rates of poverty; (2) previously unserved distressed areas and applicants; (3) involve innovative partnerships and private investment leveraging, (4) support sub-state regional networks and collaborations; and (5) areas undergoing significant economic downturns and dislocations. Proposal for investments must meet EDA's Investment Guidelines. Conformance with the Federal Register announcement and other EDA and/or Federal program requirements such as NEPA, Civil Rights, and Historic Preservation is part of the selection criteria.


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