[Federal Register Volume 75, Number 184 (Thursday, September 23, 2010)]
[Notices]
[Pages 57900-57903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23845]
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DEPARTMENT OF COMMERCE
Economic Development Administration
[Docket No. 100908439-0439-01]
FY 2010 Gulf Oil Spill Supplemental Federal Funding Opportunity
AGENCY: Economic Development Administration (EDA), Department of
Commerce.
ACTION: Notice and request for applications.
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SUMMARY: Pursuant to the Supplemental Appropriations Act, Public Law
111-212, 124 Stat. 2302 (2010), EDA announces general policies and
application procedures for the FY 2010 Gulf Oil Spill Supplemental
Federal Funding Opportunity. This investment assistance will be made
available to help devise and implement short- or long-term economic
redevelopment strategies and for technical assistance activities to
address economic development challenges in regions impacted by the
discharge of oil stemming from the April 20, 2010, BP Deepwater Horizon
drilling rig explosion. Applicants are advised to read carefully the
federal funding opportunity (FFO) announcement for this notice and
request for applications. For a copy of the FFO announcement, please
see the Web sites listed below under ``Electronic Access.''
DATES: Applications are accepted on a continuing basis and processed as
received. Applications must be submitted electronically via http://www.grants.gov, as described below under ``APPLICATION SUBMISSION
REQUIREMENTS'' and in section IV of the FFO announcement. Subject to
the availability of funds, winning applicants should expect to receive
grant award packages no later than September 2011. EDA expects to have
all funding under this notice awarded by September 2011.
Application Submission Requirements: Applications must be submitted
electronically in accordance with the instructions provided at http://www.grants.gov. EDA will not accept facsimile transmissions of
applications. Applicants may access the application package only by
following the instructions provided at http://www.grants.gov. The
preferred electronic file format for attachments is portable document
format (PDF); however, EDA will accept electronic files in Microsoft
Word, WordPerfect, or Microsoft Excel.
Applicants are strongly encouraged to start early and not to wait
until the approaching deadline before logging on and reviewing the
application instructions at http://www.grants.gov. Applicants must (a)
register at http://www.grants.gov, which can take between three to five
business days or as long as four weeks if all steps are not completed
correctly; (b) designate one or more Authorized Organizational
Representatives (AOR) and ensure that an AOR submits the application;
and (c) verify that the submission was successful. Applicants should
save and print written proof of an electronic submission made at http://www.grants.gov. If problems occur, the applicant is advised to (a)
print any error message received, and (b) call the http://www.grants.gov Contact Center at 1-800-518-4726 for assistance. The
following link lists useful resources: http://www.grants.gov/help/help.jsp. Also, the following link lists frequently asked questions
(FAQs): http://www.grants.gov/applicants/resources.jsp#faqs. If you do
not find an answer to your question under the ``Applicant FAQs,'' try
consulting the ``Applicant User Guide'' or contacting http://www.grants.gov via e-mail at [email protected] or telephone at 1-800-
518-4726. In addition, please read carefully section IV.C of the FFO to
ensure your application is received by EDA and for specific http://www.grants.gov submission procedures.
FOR FURTHER INFORMATION CONTACT: For additional information regarding
the FY 2010 Gulf Oil Spill Supplemental Federal Funding Opportunity,
please contact Lauren Dupuis by telephone at 404-730-3035 or via e-mail
at [email protected] in the EDA Atlanta regional office, or Jessica
Falk by telephone at 512-381-8168 or via e-mail at [email protected] in
the EDA Austin regional office, as appropriate.
SUPPLEMENTARY INFORMATION:
Program Information: Through this FY 2010 Gulf Oil Spill
Supplemental Federal Funding Opportunity, EDA intends to award
investments in regions affected by the discharge of oil stemming from
the April 2010 BP Deepwater Horizon spill. By this announcement, EDA
solicits applications for Economic Adjustment Assistance investments
(CFDA No. 11.307) authorized by the Public Works and Economic
Development Act of 1965, as amended (42 U.S.C. 3121 et seq.) (PWEDA).
Through the Economic Adjustment Assistance program, funded applications
will help develop and implement on a regional basis short- or long-term
economic redevelopment strategies and technical assistance activities
for economic recovery in the recent oil spill-impacted regions in the
United States.
The Economic Adjustment Assistance program can offer a wide range
of technical, planning, or infrastructure assistance. See 13 CFR 307.3.
This program is designed to respond adaptively to pressing economic
recovery issues, and is well suited to help address the challenges
faced by regions affected by the April 2010 oil spill catastrophe. Note
however, that to maximize available funding, EDA will consider
applications for planning or technical assistance only. That is, no
awards will be made under this competitive solicitation for
infrastructure improvements or revolving loan fund grants.
Prospective applicants should pay close attention to the
information under
[[Page 57901]]
``Economic Distress Criteria'' below, which establishes distress
criteria for applications seeking funding under this notice (see also
section III.B of the FFO). Only applications meeting the distress
criteria will be considered. On the date that EDA receives an
application for funding under this FFO, the proposed project may be
eligible for investment assistance based on the area having been
affected by the discharge of oil that began on April 20, 2010, in
connection with the explosion on the mobile offshore BP drilling unit
Deepwater Horizon. EDA will consider appropriate applications that
propose to respond to those effects.
This notice is for the FY 2010 Gulf Oil Spill Supplemental Federal
Funding Opportunity only. Please access the separate FFO announcement
posted at http://www.grants.gov for information regarding application
and selection processes, time frames, and evaluation criteria for EDA's
Economic Adjustment Assistance investments, which are funded under
EDA's regular appropriations. EDA's Web site at www.eda.gov provides
additional information on EDA and its programs.
Electronic Access: The FFO announcement for the FY 2010 Gulf Oil
Spill Supplemental Federal Funding Opportunity is available at http://www.grants.gov and at http://www.eda.gov.
Funding Availability: Under the Supplemental Appropriations Act,
2010 (Pub. L. 111-212, 124 Stat. 2302 (2010)) (Act), Congress
appropriated funds to respond to the Gulf of Mexico oil spill.
Specifically, under the Act, EDA received a supplemental appropriation
in the amount of $5,000,000 (Gulf Oil Spill Assistance):
``[T]o carry out planning, technical assistance and other
assistance under section 209, and consistent with section 703(b), of
[PWEDA], in States affected by the incidents related to the
discharge of oil that began in 2010 in connection with the explosion
on, and sinking of, the mobile offshore drilling unit Deepwater
Horizon.''
In the Supplemental Appropriations Act, Congress directed that Gulf
Oil Spill Assistance be carried out ``consistent with section 703(b)''
of PWEDA (42 U.S.C. 3233). Accordingly, the federal share of the cost
of activities funded with amounts made available may be up to one
hundred (100) percent. See also information provided below under ``Cost
Sharing or Matching Share Requirement.''
Based on the location of the regions affected by the oil spill, EDA
will administer the Gulf Oil Spill Assistance in its Atlanta and Austin
regional offices. Currently the average size of a technical assistance
investment ranges from $65,000 to $250,000. For purposes of a multi-
State regional award, EDA may consider an award of up to approximately
$1,500,000. Please note that the approximations provided are
informational only and are not intended to restrict future awards. If
an application is awarded funding, neither the Department of Commerce
nor EDA is under any obligation to provide any additional future
funding in connection with that award or to make any future award(s).
Amendment or renewal of an award to increase funding or to extend the
period of performance is at the discretion of the Department of
Commerce and of EDA.
EDA Regional Office Administration of Funds: EDA will administer
the Gulf Oil Spill Assistance in its Atlanta and Austin regional
offices, which together cover the areas that have felt the greatest
impact of the oil spill, specifically, the States of Louisiana,
Mississippi, Alabama, Florida, and Texas.
Project Periods: Under the Economic Adjustment Assistance program,
project periods are dependent on the nature of the project. Typically,
strategy grants and implementation grants (e.g., for technical
assistance activities) may range from twelve (12) to eighteen (18)
months. EDA will work closely with the recipient to accommodate their
projected timelines.
Statutory Authority: The authority for the Economic Adjustment
Assistance Program is section 209 of PWEDA (42 U.S.C. 3149). EDA's
regulations, which will govern an award made under the FY 2010 Gulf Oil
Spill Supplemental Federal Funding Opportunity, are codified at 13 CFR
chapter III. The regulations and PWEDA are accessible at http://www.eda.gov/InvestmentsGrants/Lawsreg.xml.
Catalog of Federal Domestic Assistance (CFDA) Number: 11.307,
Economic Adjustment Assistance.
Applicant Eligibility: Pursuant to PWEDA, eligible applicants for
and eligible recipients of EDA investment assistance under this
announcement include a(n): (1) District Organization; (2) Indian Tribe
or a consortium of Indian Tribes; (3) State, city or other political
subdivision of a State, including a special purpose unit of a State or
local government engaged in economic or infrastructure development
activities, or a consortium of political subdivisions; (4) institution
of higher education or a consortium of institutions of higher
education; or (5) public or private non-profit organization or
association acting in cooperation with officials of a political
subdivision of a State. See section 3 of PWEDA (42 U.S.C. 3122) and 13
CFR 300.3.
For the FY 2010 Gulf Oil Spill Supplemental Federal Funding
Opportunity, EDA will consider applications submitted by eligible
applicants located in or acting on behalf of the oil spill-affected
regions. With respect to applications submitted by multiple co-
applicants or an organization that is located outside of the States
served by the Atlanta or Austin regional offices, EDA will ensure that
the application is submitted to the appropriate regional office(s), as
necessary, once they are downloaded from http://www.grants.gov.
Cost Sharing or Matching Share Requirement: As stated below under
``Economic Distress Criteria,'' regional eligibility under this notice
is predicated upon the applicant demonstrating that the proposed area
has been affected by the discharge of oil in connection with the April
2010 BP Deepwater Horizon drilling rig explosion. Generally, the amount
of the EDA grant may not exceed fifty (50) percent of the total cost of
the project. Projects may receive an additional amount that shall not
exceed thirty (30) percent, based on the relative needs of the region
in which the project will be located, as determined by EDA. See section
204(a) of PWEDA (42 U.S.C. 3144) and 13 CFR 301.4(b)(1).
In the case of EDA investment assistance to a(n) (i) Indian Tribe,
(ii) State (or political subdivision of a State) that the Assistant
Secretary determines has exhausted its effective taxing and borrowing
capacity, or (iii) non-profit organization that the Assistant Secretary
determines has exhausted its effective borrowing capacity, the
Assistant Secretary has the discretion to establish a maximum EDA
investment rate of up to one hundred (100) percent of the total project
cost. See sections 204(c)(1) and (2) of PWEDA (42 U.S.C. 3144) and 13
CFR 301.4(b)(5). Potential applicants should contact the appropriate
EDA regional office representative listed above under ``FOR FURTHER
INFORMATION CONTACT'' to make these determinations. While EDA can
consider offering assistance at investment rates as described above,
the Act also allows EDA to make grants up to one hundred (100) percent
pursuant to section 703(b) of PWEDA (42 U.S.C. 3233). Please note,
however, that EDA considers local match an important indication of
local priority and generally expects to fund applications that include
a local match of at least twenty (20) percent.
While cash contributions are preferred, in-kind contributions,
consisting of contributions of space,
[[Page 57902]]
equipment, or services, or forgiveness or assumptions of debt, may
provide the required non-federal share of the total project cost. See
section 204(b) of PWEDA (42 U.S.C. 3144). EDA will fairly evaluate all
in-kind contributions, which must be eligible project costs and meet
applicable federal cost principles and uniform administrative
requirements. Funds from other federal financial assistance awards are
considered matching share funds only if such designation is authorized
by statute, which may be determined by EDA's reasonable interpretation
of the statute. See 13 CFR 300.3. The applicant must show that the
matching share is committed to the project for the project period, will
be available as needed, and is not conditioned or encumbered in any way
that precludes its use consistent with the requirements of EDA
investment assistance. See 13 CFR 301.5.
Economic Distress Criteria: In accordance with 13 CFR parts 301 and
307, EDA will review project eligibility at the time the application
for investment assistance under this notice is received in the regional
office. Project eligibility is a threshold consideration.
For Gulf Oil Spill Assistance, project eligibility is predicated
upon the area having been affected by the discharge of oil that began
on April 20, 2010, in connection with the explosion on, and sinking of,
the mobile offshore BP drilling unit Deepwater Horizon. EDA will
consider appropriate applications that propose to respond to those
effects. Accordingly, in the project narrative as required in the Form
ED-900, the applicant must identify and discuss the economic impacts
that the oil spill has had in its region and explain the connection
between its proposal and those impacts. Applicants that do not explain
how their proposal is responsive to identified economic impacts of the
oil spill will be determined ineligible for assistance under this
notice. As of the date of the posting of this notice, EDA deems the
States of Louisiana, Mississippi, Alabama, Florida, and Texas to be the
States most severely affected by the discharge of oil. If circumstances
dictate, EDA will consider applications from other States should they
become affected by the discharge of oil resulting from the April 2010
BP Deepwater Horizon spill.
Application Package Requirements: Please read carefully section IV
of the FFO to help ensure your application is complete and received by
EDA. It is the applicant's responsibility to ensure that EDA receives
the complete application package and to verify that its submission was
received and validated successfully at http://www.grants.gov.
Applicants are required to submit the forms listed below under at the
time of application. Applications that do not contain all forms,
narratives, or attachments listed below may be deemed non-responsive
and excluded from consideration. The following forms are required for a
complete application package:
1. Form ED-900 (Application for Investment Assistance)
2. Form SF-424 (Application for Federal Assistance)
3. Form SF-424A (Budget Information--Non-Construction Programs)
4. Form SF-424B (Assurances--Non-Construction Programs)
5. Form CD-511 (Certification Regarding Lobbying)
In addition, applicants may be required to and to provide certain
lobbying information using Form SF-LLL (Disclosure of Lobbying
Activities) and to submit to an individual background screening using
Form CD-346 (Applicant for Funding Assistance). Form ED-900 provides
detailed guidance to help the applicant assess whether Form SF-LLL is
required and how to access it. Please note that, if applicable, one
Form SF-LLL must be submitted for each co-applicant that has used or
plans to use non-federal funds for lobbying in connection with this
competitive solicitation. In addition, all non-profit applicants and
applicants that are first-time recipients of EDA and/or DOC funding are
required to provide Form CD-346 for a complete application, but please
note that EDA may require other applicants to submit Form CD-346 as
well to comply with DOC requirements. EDA will inform applicants if
this is required. Please also see section IV.A of the FFO for more
information.
Instructions for Completing Form ED-900: Form ED-900 is divided
into lettered sections that correspond to specific EDA program
components that address all of EDA's statutory and regulatory
requirements. Based on the program under which assistance is sought,
Form ED-900 details the sections and exhibits which the applicant must
complete. Because this competitive solicitation seeks Economic
Adjustment Assistance applications only, the applicant must complete
only Sections A, B, E, and K and Exhibit C in Form ED-900.
In the narrative statement required under paragraph A.4 of Form ED-
900, regarding the project impact and fulfillment of EDA's investment
policy guidelines described below under ``Evaluation Criteria,'' the
applicant must describe how the proposed project responds to economic
impacts of the oil spill. As noted above under ``Program Information,''
the Gulf Oil Spill Assistance may not be used for construction purposes
or revolving loan funds; assistance under this notice is available for
planning and technical assistance only.
To limit the burden on the applicant, EDA may request additional
documentation only if it determines that the applicant's project merits
further consideration. The Form ED-900 provides detailed guidance on
documentation and other information that will be requested if, and only
if, EDA selects the project for further consideration. Applications
will be processed on a rolling basis upon receipt, and EDA will timely
inform the applicant if its application has been selected for further
consideration, or if the application has not been selected for funding.
Intergovernmental Review: Applications for assistance under EDA's
programs are subject to the State review requirements imposed by
Executive Order 12372, ``Intergovernmental Review of Federal
Programs.''
Evaluation and Selection Procedures: Application packages that meet
all eligibility requirements set out in this notice are circulated by a
project officer within the applicable EDA regional office(s) for review
and comments. When the necessary input and information have been
obtained, each application is considered by each regional office's
investment review committee (IRC), comprised of at least three EDA
staff members, all of whom will be full-time federal employees. The IRC
engages in discussion to (1) determine if each application meets the
program-specific award and application requirements provided in 13 CFR
307.2 and 307.4 for Economic Adjustment Assistance; (2) determine if
each application satisfies the award requirements set forth in this
notice and the applicable FFO; (3) assess each application using the
evaluation criteria set out below; and (4) make recommendations to the
Regional Director, as the Deciding Official, regarding which
applications to fund.
The IRC documents its recommendations put forth to the Regional
Director regarding which applications merit funding. For quality
control assurance, EDA Headquarters reviews the IRC's analysis of the
project's fulfillment of the investment policy guidelines set forth
below under ``Evaluation Criteria.'' After receiving quality control
clearance, the Regional
[[Page 57903]]
Director, considers the evaluations provided by the IRC and the degree
to which one or more of the selection factors listed below are
included, in making his decision as to which applications to fund.
Evaluation Criteria: EDA will evaluate applications received under
this notice on the extent to which the proposed project will carry out
the purpose of the Gulf Oil Spill Assistance, to help respond to the
economic impacts of the oil spill. EDA will evaluate applications based
on the investment policy guidelines listed below, and consider the
extent to which a project embodies the maximum number of investment
policy guidelines possible and strongly exemplifies at least one. All
applications will be competitively evaluated primarily on their ability
to satisfy one or more of the following investment policy guidelines,
all of equal weight:
1. Collaborative regional innovation. Initiatives that support the
development and growth of innovation clusters based on existing
regional competitive strengths. Initiatives must engage stakeholders;
facilitate collaboration among urban, suburban and rural (including
Tribal) areas; provide stability for economic development through long-
term intergovernmental and public/private collaboration; and, support
the growth of existing and emerging industries.
2. Public/private partnerships. Investments that use both public
and private sector resources and leverage complementary investments by
other government/public entities and/or non-profits.
3. Global competitiveness. Investments that support high-growth
businesses and innovation-based entrepreneurs to expand and compete in
global markets.
4. Environmentally-sustainable development. Investments that
encompass best practices in ``environmentally sustainable
development,'' broadly defined, to include projects that enhance
environmental quality and develop and implement green products,
processes, and buildings as part of the green economy.
5. Economically distressed and underserved communities. Investments
that strengthen diverse communities that have suffered disproportionate
economic and job losses and/or are rebuilding to become more
competitive in the global economy.
6. Total job creation. Investments that demonstrate a clear,
comprehensive, and effective strategy for the recruitment, training,
placement, and retention of a skilled workforce.
7. Implementation schedule. Investments with demonstrated capacity
to be implemented quickly and effectively, accelerating positive
economic impacts.
In addition to using the investment policy guidelines set forth
above, EDA will evaluate all strategy grant applications based on the
(1) quality of the proposed scope of work for the development,
implementation, revision or replacement of a Comprehensive Economic
Development Strategy (CEDS); and (2) qualifications of the applicant to
implement the goals and objectives resulting from the CEDS. See 13 CFR
303.3(a)(1) and (2). To ensure that the application fully meets these
requirements, applicants should pay particular attention to 13 CFR
303.7(b), which sets forth specific technical requirements for the
CEDS.
Selection Factors: EDA expects to fund applications recommended by
the IRC; however, the Deciding Official may decide not to make a
selection, or may select an application that was not recommended for
any one of several reasons, including the following selecting factors:
1. A determination that the application better meets the overall
objectives of section 2 of PWEDA (42 U.S.C. 3121);
2. Relative economic distress of the applicant;
3. Financial capability of the applicant and feasibility of the
proposed budget;
4. Availability of program funding;
5. Geographic balance in distribution of program funds;
6. A determination that the application proposes a project with a
broad, multi-State impact; or
7. The applicant's performance under previous federal financial
assistance awards.
The Regional Director's final decision must be consistent with
EDA's and the U.S. Department of Commerce's published policies. Any
time the Regional Director makes a selection that differs from the
IRC's recommendations, the Regional Director will document the
rationale for the decision in writing.
The Department of Commerce Pre-Award Notification Requirements for
Grants and Cooperative Agreements: The administrative and national
policy requirements for all Department of Commerce awards, contained in
the Department of Commerce Pre-Award Notification Requirements for
Grants and Cooperative Agreements, published in the Federal Register on
February 11, 2008 (73 FR 7696), are applicable to this competition.
Paperwork Reduction Act: This document contains collection-of-
information requirements subject to the Paperwork Reduction Act (PRA).
The use of Form ED-900 (Application for Investment Assistance) has been
approved by the Office of Management and Budget (OMB) under the Control
Number 0610-0094. The use of Forms SF-424 (Application for Financial
Assistance), SF-424A (Budget Information--Non-Construction Programs),
SF-424B (Assurances--Non-Construction Programs), SF-424C (Budget
Information--Construction Programs), SF-424D (Assurances--Construction
Programs), and Form SF-LLL (Disclosure of Lobbying Activities) has been
approved under OMB Control Numbers 4040-0004, 0348-0044, 4040-0007,
4040-0008, 4040-0009, and 0348-0046 respectively. The Form CD-346
(Applicant for Funding Assistance) is approved under OMB Control Number
0605-0001. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA unless that collection of information displays
a currently valid OMB Control Number.
Executive Order 12866 (Regulatory Planning and Review): This notice
has been determined to be not significant for purposes of Executive
Order 12866.
Executive Order 13132 (Federalism): It has been determined that
this notice does not contain policies with Federalism implications as
that term is defined in Executive Order 13132.
Administrative Procedure Act/Regulatory Flexibility Act: Prior
notice and an opportunity for public comments are not required by the
Administrative Procedure Act or any other law for rules concerning
grants, benefits, and contracts (5 U.S.C. 553(a)(2)). Because notice
and opportunity for comment are not required pursuant to 5 U.S.C. 553
or any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are inapplicable. Therefore, a
regulatory flexibility analysis has not been prepared.
Dated: September 20, 2010.
Brian P. McGowan,
Deputy Assistant Secretary of Commerce for Economic Development.
[FR Doc. 2010-23845 Filed 9-22-10; 8:45 am]
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