ARPA Indigenous Communities NOFO.pdf

NOTICE OF FUNDING OPPORTUNITY

EXECUTIVE SUMMARY

• Federal Agency Name: Economic Development Administration (EDA or the Agency), U.S. Department of Commerce (DOC).

• Federal Funding Opportunity Title: FY 2021 American Rescue Plan Act Indigenous Communities Notice of Funding Opportunity (NOFO) (Indigenous Communities NOFO).

• Announcement Type and Date: Indigenous Communities NOFO publishing EDA’s application submission requirements and application review procedures under EDA’s Economic Adjustment Assistance (EAA) program, as authorized by sections 209 and 703 of the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. § 3121 et seq.) (PWEDA). Effective date: July 22, 2021.

• Funding Opportunity Number: EDA-2021-ARPAINDIGENOUS

• Catalog of Federal Domestic Assistance (CFDA) Number: 11.307, Economic Adjustment Assistance

• Dates: Applications will be accepted on an ongoing basis until the publication of a new Indigenous Communities NOFO, cancellation of this Indigenous Communities NOFO, all available funds have been expended, or funds made available under this NOFO expire.

While EDA encourages eligible applicants to submit their applications as soon as possible, EDA strongly advises eligible applicants to submit complete applications at least by March 31, 2022 so that EDA can review and process the application in time to get a potential award in place prior to deadlines imposed by Congress. Submission by March 31, 2022 is not a guarantee of funding. Any award is subject to the availability of funds. EDA strongly encourages all applicants to start early and contact their EDA representative for assistance. See section E of this Indigenous Communities NOFO regarding EDA’s review process and section G of the NOFO for EDA Regional Office Point of Contact (POC) information.

• Eligible Applicants: Under this Indigenous Communities NOFO, eligible applicants include:

(i) An Indian Tribe or a consortium of Indian Tribes, as defined in section 3(4) of PWEDA

(42 U.S.C. § 3122(4)(A)) and 13 C.F.R. § 300.3. The regulation at 13 C.F.R. § 300.3 defines “Indian Tribe” as:

[A]n entity on the list of recognized tribes published pursuant to the Federally Recognized Indian Tribe List Act of 1994, as amended (Pub. L. 103-454) (25 U.S.C. 479a et seq.), and any Alaska Native Village or Regional Corporation (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).1 This term includes the governing 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

1 Section 3(7) of PWEDA restricts the eligibility of Alaska Native Village or Regional Corporations to those that are “recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.” Accordingly, only those Alaska Native Village or Regional Corporations that are so recognized are eligible.

organization or entity is wholly owned by, and established for the benefit of, the Indian Tribe or Alaska Native Village.”

(ii) A public or private non-profit organization or association serving Native Hawaiians.

(iii) A public or private non-profit organization or association serving Native Pacific

Islanders of Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau.

See section C.1 below for additional eligibility requirements. Note that individuals are not eligible and applications from individuals will not be considered.

• Funding Opportunity Description: EDA announces general policies and application procedures for the Indigenous Communities NOFO. Subject to the availability of funds, awards made under this NOFO will help indigenous communities devise and implement long-term economic recovery strategies through a variety of non-construction and construction projects, as appropriate, to assist communities impacted by the coronavirus pandemic.

FULL ANNOUNCEMENT TEXT

FY 2021 EDA American Rescue Plan Act Indigenous Communities Notice of Funding Opportunity

A. Program Description

1. Overview and Program Information

2. EDA Investment Priorities

3. Statutory Authorities for EDA’s Programs

4. How does EDA Interpret Resilience?

B. Federal Award Information

1. What Funding Is Available Under this Announcement?

2. Initial EDA Regional Office Allocations

3. What Type of Funding Instrument Will Be Used to Make Awards? How Long Will a

Project’s Period of Performance Be?

C. Eligibility Information

1. Eligible Applicants

2. Eligible Areas Based on COVID-19 Emergency Declaration

3. Cost Sharing or Matching

D. Application Submission Information

1. Address to Request Application Package

2. Content and Form of Application Submission

3. Submission Dates and Times

4. Intergovernmental Review

5. Pre-Award Costs

6. Other Submission Requirements

E. Application Review Information

1. Review and Selection Process

2. Grants Officer’s Decision

3. Federal Awardee Performance and Integrity Information System (FAPIIS) Review

F. Federal Award Administration Information

1. Federal Award Notification

2. Administrative and National Policy Requirements

3. DOC Financial Assistance Standard Terms and Conditions (STCs) and EDA Standard Terms and Conditions (STCs) for RLF and Construction Projects

4. DOC Pre-Award Notification Requirements

5. Reporting

G. Federal Awarding Agency Contacts Atlanta Regional Office

Austin Regional Office Chicago Regional Office Denver Regional Office Philadelphia Regional Office Seattle Regional Office

H. Other Information

1. Right to Use Information

2. Freedom of Information Act Disclosure

3. Notice of Government-Wide Procurement Restriction

4. Past Performance and Non-Compliance with Award Provisions

5. Certifications Required by Annual Appropriations Acts for Corporations and for Awards over $5 Million

6. EDA’s Non-Relocation Policy

7. Audit Requirements

8. Implementing the Americans with Disabilities Act (ADA)

9. Fraud Awareness Training

I. Instructions for Application Submission via Grants.gov

1. Register Early and Submit Early

2. Field Limitations and Special Characters

3. Verify That Your Submission Was Successful

4. Grants.gov Systems Issues

A. Program Description

1. Overview and Program Information

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. Through this Indigenous Communities NOFO, EDA aims to assist indigenous communities to recover economically from the coronavirus pandemic. Even before the pandemic, indigenous communities faced high levels of economic distress and unique economic development challenges, resulting in severe inequalities in opportunity for members of these communities. The pandemic greatly exacerbated those challenges and inequities and will continue to cause deep economic injury to indigenous communities in unprecedented ways.

EDA’s American Rescue Plan Indigenous Communities NOFO is designed to support indigenous communities as they respond to, and recover from, the economic impacts of the coronavirus pandemic, including long-term recovery and resilience to future economic disasters.

Under this announcement, EDA solicits applications under the authority of its Economic Adjustment Assistance (EAA) program, which is intended to be flexible and responsive to the economic development needs and priorities of indigenous communities.

Through the EAA program, EDA provides investments that support a wide range of non-construction and construction activities in regions experiencing severe economic distress due to the coronavirus pandemic. Through this program, EDA can support both the development of pandemic recovery strategies and the implementation of recovery projects identified with those strategies, including infrastructure improvements and capitalization of revolving loan funds (RLFs). See section A.1.a for more examples of eligible projects.

Competitive applications for funding under this NOFO will propose projects designed to create the conditions for economic growth in indigenous communities and to accelerate economic recovery from the pandemic. These projects can include foundational economic infrastructure projects, such as such as broadband, energy, road, water, and wastewater infrastructure (including community water facilities); vocational and higher education facilities; and community health facilities that are necessary for future job creation. Projects can also include non-construction projects to provide technical assistance to support business development, entrepreneurship assistance, economic development planning, rural prosperity, and workforce training in indigenous communities. Further, EDA seeks to fund projects representing diverse geographies, from rural and urban settings to projects on or near tribal lands.

EDA anticipates funding projects that support communities’ capacity for economic development.

In EDA’s experience with post-disaster recovery, the most effective rebuilding efforts are based on long-term community-oriented and collaborative economic development and redevelopment strategies. For this reason, EDA encourages the submission of applications based on such strategies that foster economic growth and resilience. See section A.4 below for more information on resilience and section E for more details on evaluation criteria.

Tribal entities are not constrained to only applying for funding under this NOFO. EDA anticipates publishing multiple NOFOs under the American Rescue Plan Act, in addition to the Indigenous Communities NOFO, including the Economic Adjustment Assistance NOFO;

Build Back Better Regional Challenge NOFO; Travel, Tourism, and Outdoor Recreation NOFO;

and the Good Jobs Challenge NOFO (for workforce development projects). Tribal entities are eligible to apply for American Rescue Plan Act funds under any of these NOFOs. Any particular project, however, should only be submitted under one NOFO not multiple NOFOs. This Indigenous Communities NOFO is the only NOFO EDA anticipates publishing where eligibility is restricted exclusively to indigenous communities.

Applicants are strongly encouraged to consult with the community’s EDA Regional Office Point of Contact (POC) listed in section G of this NOFO before submitting an application. To better address the distinct goals of each NOFO, EDA may, in its sole discretion, consider applications under a different NOFO than the one to which the applicant originally applied, in which case EDA may ask the applicant to submit additional documents and information to meet the requirements of the new NOFO.

a. Specific Considerations for Projects Under this Indigenous Communities NOFO

EDA has determined that due to the pervasive nature of the economic impacts of the coronavirus pandemic in indigenous communities, any construction or non-construction project that addresses those impacts by creating or retaining jobs or increasing the economic diversity or resiliency of an indigenous community is eligible for funding. For example, an infrastructure project that creates new jobs in a region is responsive to the requirement that the funds be spent to respond to “economic injury as a result of coronavirus.”

Due to the special economic circumstances facing indigenous communities, EDA anticipates funding projects to support a broad spectrum of economic development needs that align with EDA’s Recovery and Resilience Investment Priority (see section A.2 of this NOFO), including foundational economic infrastructure projects such as broadband, energy, roads, water and wastewater infrastructure (including community water facilities); vocational and higher education facilities; and community health facilities. Further, EDA will not require demonstrated commitments from beneficiaries.2 Projects for tribal gaming establishments or requests for funding to supplement operating budgets or replace lost revenue will not be considered. Please also see section A.4 of this NOFO for more information on how EDA defines resilience in the context of this NOFO. Applicants that are unsure whether a proposed project is eligible or competitive under this NOFO should consult the appropriate EDA POC listed in section G of this NOFO.

b. Comprehensive Economic Development Strategy Requirements

Each project funded under the EAA program must be consistent with the region’s or indigenous community’s current Comprehensive Economic Development Strategy (CEDS) or equivalent EDA-accepted economic development strategy, such as a regionally or tribally developed

2 EDA typically seeks private investment and job creation or retention commitments from beneficiaries (e.g., companies) in connection with the proposed application.

sustainability plan. See https://www.eda.gov/ceds/alternative-plans.htm for more information on equivalent plans. In accordance with 13 C.F.R. § 303.7(c)(1), EDA may accept a non-EDA-funded CEDS or economic development strategy that does not contain all the elements EDA requires of a CEDS.

Please note that EDA has an established network of Partnership Planning partners, including Tribes and District Organizations, and there may already be an existing CEDS that meets a community’s needs. EDA’s Economic Development District (EDD) webpage at https://www.eda.gov/edd/ can help applicants identify the tribal or EDD planning partner of the relevant project region, which entity generally is responsible for developing and maintaining the region’s CEDS.

For indigenous communities that have existing economic development strategies, applicants are requested to provide the relevant strategy (either by attaching the document to the application or providing a web link for the document). Some communities or regions may not be covered by CEDS or have an economic development strategy, and in these cases, EDA may be able to help identify a relevant economic development strategy. Please contact the appropriate EDA POC listed in section G of this NOFO.

If economic development planning is a community need (for example, if an indigenous community does not currently have a CEDS or economic development strategy or if the needs of the community are not well-reflected in an existing CEDS or strategy) applicants may apply for a “strategy grant” to develop, update, or refine a CEDS.3 Such a CEDS must aim to alleviate long-term economic deterioration or prepare strategies for dealing with future sudden or severe economic dislocations, including future pandemics, as described in EDA’s regulations at 13 C.F.R. § 307.3.4 Depending on the needs of an indigenous community, applicants may be eligible for an initial strategy grant and a subsequent grant to help implement the strategy.5

Prospective applicants should note that section C of this NOFO sets out eligibility criteria for applications, and only applications meeting the eligibility criteria will be considered. EDA will evaluate and select applications according to the evaluation criteria set forth in section E.

EDA may make changes or additions or cancel the Indigenous Communities NOFO at any time.

All changes will be communicated via Grants.gov.

3 Under the CARES Act, EDA provided funds for Economic Development Districts to update current CEDS to reflect strategies to recover from the pandemic. Any CEDS work funded under this NOFO must be unique from that previously funded work.

4 The regulations implementing the EAA program may be found at 13 C.F.R. part 307. Please note that 13 C.F.R.

§ 307.3 describes the differences between an EAA strategy grant and an EAA implementation grant (briefly, an EAA strategy grant may be used to develop a CEDS and an EAA implementation grant may be used to fund a project that implements a CEDS). See also 42 U.S.C. § 3149(b)(2), which specifies that an EAA planning project is not required to be carried out in an area with a CEDS or to be consistent with an existing CEDS.

5 A subsequent implementation grant can be either construction or non-construction. A non-construction implementation grant might be to provide technical assistance to local businesses so that they can better position themselves to survive future economic shocks or workforce training to local residents to better position them to find in-demand jobs. Note that if an applicant is awarded funding, neither DOC nor EDA is under any obligation to make any future award(s).

https://www.eda.gov/ceds/alternative-plans.htm https://www.eda.gov/ceds/alternative-plans.htm https://www.eda.gov/edd/ https://www.eda.gov/edd/

2. EDA Investment Priorities

All projects considered for EDA funding under this Indigenous Communities NOFO must be consistent with EDA’s Recovery and Resilience Investment Priority. Applicants may also demonstrate that a project is consistent with any of EDA’s other Investment Priorities. EDA’s Investment Priorities can be found at https://www.eda.gov/about/investment-priorities/. The priorities may be updated from time to time. Any future revisions will be reflected on EDA’s website on January 15, April 15, July 15, or October 15 of each year.

3. Statutory Authorities for EDA’s Programs

The statutory authority for the EAA program is section 209 of PWEDA (42 U.S.C. § 3149). The statutory authorization of supplemental appropriations for economic disaster recovery activities is section 703 of PWEDA (42 U.S.C. § 3233). Additional programmatic authority is provided by the American Rescue Plan Act of 2021 (Pub. L. 117-2).

Applicant eligibility and program requirements are set forth in EDA’s regulations (codified at 13 C.F.R. Chapter III). EDA’s regulations are accessible at the Electronic Code of Federal Regulations website at https://www.ecfr.gov/cgi-bin/ECFR?page=browse. Under “Browse,” select “Title 13 – Business Credit and Assistance”, then “Go”, then “300-399.”

4. How does EDA Interpret Resilience?

In terms of economic development, for EDA resilience is broadly defined as the ability of a community or region to anticipate, withstand, and bounce back from various disruptions to its economic base. These disruptions can be caused by a variety of things, including a downturn in the national or local economy as a result of the pandemic. Enhancing resilience in the face of the pandemic, especially in light of the on-going impacts of climate change, is a multi-dimensional effort emphasizing engagement and support from all aspects of the community, including economic development practitioners. Some examples include:

• Efforts to help a community transition from an economy overly dependent on one industry that might be susceptible to downturns caused by the outsized effects of climate change on areas already hard-hit by the pandemic, including developing the skilled workforce needed for diversification and increasing access to capital;

• The promotion of business continuity and preparedness (e.g., ensuring communities and businesses understand their vulnerabilities—including supply chains—in the face of disruptions and are prepared to take actions to resume operations after an event);

• The development and construction of high-performance and resilient infrastructure and buildings (e.g., broadband, energy, flexible and natural infrastructure, safe development practices, business incubators) to mitigate future risk and vulnerability;

• The development and construction of core infrastructure (e.g., drinking water and wastewater infrastructure; roads, highways, and bridges; buildings and other public facilities (education, training, health); and clean energy and broadband infrastructure) to build a firm foundation for future economic success; and

• Comprehensive planning efforts that involve extensive engagement from the community to define and implement a collective vision for economic recovery.

https://www.eda.gov/about/investment-priorities/ https://www.eda.gov/about/investment-priorities/ https://www.ecfr.gov/cgi-bin/ECFR?page=browse https://www.ecfr.gov/cgi-bin/ECFR?page=browse

The development and adoption of new technologies can also play a vital role in strengthening economic resilience. Deploying technologies (e.g., through modern infrastructure like broadband and renewable energy) enables resilience in the face of natural disasters made worse by pandemics and a changing climate, and nurturing technology ecosystems supports dynamic, diverse economies that better withstand acute disruptions.

Resilience (within the context of economic development) is strengthened when it includes methods and measures to mitigate the potential for future economic injury, promote a faster “up-time” for economic anchors (e.g., key businesses and/or industries), and strengthen local and regional capacity to troubleshoot and address vulnerabilities within the regional economy. To the extent that a project is consistent with this section and clearly incorporates resilience principles, it will be consistent with EDA’s Recovery and Resilience Investment Priority. Additional information is available at https://www.eda.gov/ceds/content/economic-resilience.htm.

B. Federal Award Information

1. What Funding Is Available Under this Announcement?

Under the American Rescue Plan Act of 2021, Congress provided EDA with $3,000,000,000, to remain available until September 30, 2022, to “prevent, prepare for, and respond to coronavirus and for necessary expenses for responding to economic injury as a result of coronavirus.” Of the funds provided, EDA anticipates awarding $100,000,000 to indigenous communities under this

NOFO.

EDA has allocated $100,000,000 in EAA program funds under this Indigenous Communities NOFO among its six Regional Offices, as described below in section B.2 of this Indigenous Communities NOFO. If an applicant is awarded funding, neither DOC nor EDA is under any obligation to provide any future funding in connection with that award or to make any future award(s). Amendments or renewals of an award to increase funding or to extend the period of performance are at the sole discretion of DOC and EDA.

Publication of this announcement does not obligate DOC or EDA to award any specific grant or cooperative agreement or to award all or any part of available funds. The award of any grant is subject to the availability of funds at the time of award as well as to DOC priorities at the time of award.

For purposes of this Indigenous Communities NOFO, EDA anticipates approving certain pre-award project costs in accordance with 2 C.F.R. § 200.458 “Pre-award costs.” Such pre-award costs may include necessary and reasonable costs to prepare a Preliminary Engineering Report or to comply with environmental and historic preservation requirements.

See also sections D.2.b and H.3 below for additional rules related to pre-award costs and common procurement issues. Please note that EDA must approve an award for any costs to be reimbursed with federal funds. Neither DOC nor EDA will approve pre-award or award costs associated with application preparation costs (e.g., completion of Forms SF-424, ED-900, etc.).

https://www.eda.gov/ceds/content/economic-resilience.htm https://www.eda.gov/ceds/content/economic-resilience.htm

EDA plans on funding construction and non-construction projects that cost between approximately $500,000 and $5,000,000 under this NOFO.

2. Initial EDA Regional Office Allocations

Based on the total population of indigenous communities in the various Regions, EDA has allocated $100,000,000 in supplemental program funds among its offices as follows:

Atlanta Regional Office – $9,428,508 Austin Regional Office – $21,205,279 Chicago Regional Office – $7,239,513 Denver Regional Office – $11,301,592 Philadelphia Regional Office – $6,963,176 Seattle Regional Office – $43,861,932

Note: When appropriate, EDA may exercise its discretion to adjust the allocations to its offices or adjust the total amount available under this NOFO and other American Rescue Plan Act NOFOs based on its experience in administering the supplemental appropriations to ensure funds are used to maximum effect or to adjust to unforeseen changes in recovery efforts.

3. What Type of Funding Instrument Will Be Used to Make Awards? How Long Will a Project’s Period of Performance Be?

Funding Instrument: Subject to the availability of funds, EDA may award grants or cooperative agreements to eligible applicants. EDA will award a cooperative agreement on a case-by-case basis only if substantial agency involvement is required. For a cooperative agreement, the nature of EDA’s “substantial involvement” (to be included in the terms and conditions of the award) will generally be collaboration between EDA and the recipient on the scope of work.

Period of Performance: Under the EAA program, the period of performance of a grant depends on the type of project. Typically, strategy grants and grants for non-construction implementation projects range in duration from 12 to 24 months. Given conditions caused by the coronavirus pandemic, EDA expects some projects will require a longer period of performance, including up to 48 months. Implementation grants involving construction generally are expected to range from 12 to 48 months. Please note that all American Rescue Plan Act Funds must be expended by September 30, 2027; therefore, no grants may be extended beyond that date.

EDA will work closely with grant recipients to accommodate their projected timelines within reason and allowances of law, regulations, and grant policies. All applications should discuss the applicant’s capability to administer, implement, and maintain the proposed project and clearly detail all resources (including costs of administration) and strategies that the applicant will use to successfully implement the project. EDA expects that all projects will proceed efficiently and expeditiously, and EDA encourages applicants to clearly document how quickly they will be able to start and successfully complete the proposed project scope of work.

C. Eligibility Information

1. Eligible Applicants

Eligible applicants for the Indigenous Communities NOFO are:

a. Indian Tribes or a consortium of Indian Tribes. EDA’s regulation at 13 C.F.R.

§ 300.3 defines “Indian Tribe” as “an entity on the list of recognized tribes published pursuant to the Federally Recognized Indian Tribe List Act of 1994, as amended (Pub. L. 103-454) (25 U.S.C. 479a et seq.), and any Alaska Native Village or Regional Corporation (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).6 This term includes the governing 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 Village.”

b. Non-profit organizations or associations serving Native Hawaiians in the State of

Hawaii that are not-for-profit organizations chartered by the State of Hawaii, are controlled by Native Hawaiians, and whose business activities will principally benefit such Native Hawaiians. As required by 42 U.S.C. § 3122(4)(A)(vi), such non-profit organizations or associations must show that they are acting in coordination with a political subdivision of a state unless the applicant is proposing a project of significant regional or national scope by, for example, providing a letter of support from a local government. A letter of support from a political subdivision or office of a state is sufficient to meet this requirement.

c. Non-profit organizations or associations serving Native Pacific Islanders in Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau that are controlled by Native Pacific Islanders and whose business activities will principally benefit such Native Pacific Islanders.7 As required by 42 U.S.C.

§ 3122(4)(A)(vi), such non-profit organizations or associations must show that they are acting in coordination with a political subdivision of a jurisdiction mentioned above unless the applicant is proposing a project of significant regional or national scope by, for example, providing a letter of support from a local government. A letter of support from a political subdivision or office of a jurisdiction mentioned above is sufficient to meet this requirement.

6 Section 3(7) of PWEDA restricts the eligibility of Alaska Native Village or Regional Corporations to those that are “recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.” Accordingly, only those Alaska Native Village or Regional Corporations that are so recognized are eligible.

7 See section 3 of PWEDA (42 U.S.C. § 3122) and 13 C.F.R. § 300.3.

2. Eligible Areas Based on COVID-19 Emergency Declaration

EDA has determined that economic injury from the coronavirus pandemic constitutes a “Special Need,” and eligibility may be established on that basis without reference to the other economic distress criteria. This determination of nationwide eligibility for these funds is consistent with the March 13, 2020, emergency declaration for the coronavirus disease 2019 (COVID-19) pandemic pursuant to the Stafford Act for all states, tribes, territories, local governments, and the District of Columbia (https://www.fema.gov/disasters/coronavirus/disaster-declarations#).

3. Cost Sharing or Matching

Recognizing the disproportionate impact that the COVID-19 pandemic has had on indigenous communities, and long-term economic distress, EDA will fund awards under this Indigenous Communities NOFO at a 100% federal investment rate.

D. Application Submission Information

All submissions under this Indigenous Communities NOFO are subject to the below review process.

An applicant must submit a complete application, as detailed in section D.2.a of this Indigenous Communities NOFO, to be considered for funding. EDA intends to review expeditiously upon receipt of the complete application. Incomplete applications will not be considered. EDA may seek additional information or documentation from the applicant to clarify application information or to correct incomplete applications. EDA may also, in its sole discretion, continue review of applications with minor defects or errors, while the applicant supplies the missing information. Please see section E of this Indigenous Communities NOFO for more information on EDA’s review and selection process.

EDA strongly encourages applicants to consult with the appropriate POC to discuss whether their project is in alignment with EDA’s Investment Priorities as well as EDA’s eligibility requirements, property standards, and other requirements outlined in this Indigenous Communities NOFO. EDA staff are also available to provide technical assistance on application preparation requirements. This consultation is limited to clarification of technical matters involving their proposed project, project alignment with EDA’s mission and EDA’s Investment Priorities, and all other relevant and publicly available information relating to general technical matters.

1. Address to Request Application Package

An applicant may obtain the appropriate application package electronically at Grants.gov.

Applicants may search for this funding opportunity on Grants.gov using Funding Opportunity Number “EDA-2021-ARPAINDIGENOUS.” All components of the appropriate application package may be accessed and downloaded (in a screen-fillable format) at https://www.grants.gov/web/grants/search-grants.html. Please see section I of this NOFO below for instructions on submitting your application though Grants.gov.

https://www.fema.gov/disasters/coronavirus/disaster-declarations https://www.fema.gov/disasters/coronavirus/disaster-declarations https://www.grants.gov/web/grants/search-grants.html https://www.grants.gov/web/grants/search-grants.html

All applicants must apply through Grants.gov unless they request and receive authorization to submit a paper application package by contacting the appropriate EDA POC listed in section G.

2. Content and Form of Application Submission

The tables in section D.2.a below describe the EDA and federal grant assistance forms and other documentation required for a complete application for each type of assistance EDA will provide under this Indigenous Communities NOFO and may serve as a checklist for applicants in preparing their submissions.

All relevant forms must be signed electronically by the applicant’s Authorized Organizational Representative (AOR); please see section I of this Indigenous Communities NOFO for information on AOR requirements. The preferred electronic file format for attachments is Adobe portable document format (PDF); however, EDA will accept electronic files in Microsoft Word or Excel formats. EDA prefers that all applications be submitted through Grants.gov, but will accept paper, facsimile, or email transmissions of applications with prior authorization as described below in section D.3.a.ii. Please refer to important information on submitting your application provided in section D.3.

All documentation and data submitted should be current and applicable as of the date submitted.

Applicants are encouraged to contact the appropriate POC for technical assistance before submitting an application. EDA staff members are available to provide applicants with technical assistance regarding application requirements. Additionally, EDA may contact the applicant to clarify application materials received.

a. What is required for a complete application?8

The following table provides a complete list of documents required for a complete application based on the type of EDA assistance: construction, design and engineering (without a construction component), non-construction (including strategy grant and other planning projects), and RLF.9

Applications for construction assistance (including applications for design and engineering with construction activities) must include:

1. One Form SF-424 (Application for Federal Assistance) from each co-applicant, as applicable.

2. One Form SF-424C (Budget Information—Construction Programs) per project.

8 In the event of discrepancies between instructions provided in any of the forms and this Indigenous Communities NOFO, the requirements for complete applications as stated in this Indigenous Communities NOFO will control.

9 EDA may temporarily waive certain application requirements if the applicant demonstrates that it cannot meet a requirement in a timely fashion because of the impact of the coronavirus pandemic. Applicants are advised to reach out to their appropriate POC for more information on this temporary waiver. See 13 C.F.R. § 302.2 (“When non-statutory EDA administrative or procedural conditions for Investment Assistance awards under PWEDA cannot be met by an Eligible Applicant as a result of a disaster, EDA may waive such conditions”).

3. One Budget Narrative that clearly identifies and justifies how funds in each line item of the budget (Form SF-424C) will be used to support the proposed project. The Budget Narrative should specifically address each budget line item, and the narrative total should match the total project costs listed in both question 18 line g of Form SF-424 (the “TOTAL” line) and Form SF-424C (“Total Project Costs”). If applicable, this includes describing any other Federal funds that have been secured or requested to support the project. *Please note: In lieu of a separate Budget Narrative, this information may be included in the Preliminary Engineering Report as required by section C of the Form ED-900C.

4. One Form SF-424D (Assurances—Construction Programs) from each co-applicant, as applicable.

5. One Form ED-900 (General Application for EDA Programs).

• In section B.4, explain the applicant’s capacity to administer, implement, and maintain the project, clearly detailing resources (including costs for project administration) and strategies that will support the applicant in meeting project goals.

• In section B.6, explain how the proposed project is consistent with EDA’s Recovery and Resilience Investment Priority. You may also explain in this space how the proposed project will meet any of EDA’s other Investment Priorities.

• In section B.8, per section A.1.a of this NOFO, note that EDA will not require demonstrated commitments from established beneficiaries for communities requesting support for foundational economic infrastructure under this NOFO.

6. One Form ED-900A (Additional EDA Assurances for Construction or

Non-Construction Investments) from each co-applicant, as applicable.

7. OPTIONAL: One Form ED-900B (Beneficiary Information Form) from each “Other Party” beneficiary of the proposed project, as applicable. Under EDA’s regulations, an “Other Party” is an entity that plans to create or save 15 or more permanent jobs as a result of an EDA grant and a Form ED-900B would need to be submitted from each Other Party beneficiary. Please note that while this form is optional and a project’s ability to foster job creation and promote private investment is the regional economy is not an evaluation criterion under this NOFO, committed beneficiaries will make a project more competitive.

8. One Form ED-900C (EDA Application Supplement for Construction Programs) and accompanying supporting documentation, e.g., Preliminary Engineering Report.

9. One Form ED-900E (Calculation of Estimated Relocation and Land Acquisition Expenses).

10. An environmental narrative that will enable EDA to comply with its NEPA responsibilities. A narrative outline that details required components may be accessed in EDA’s website at: https://eda.gov/files/programs/eda-https://eda.gov/files/programs/eda-programs/Environmental-Narrative-Template-and-Application-Certification-Clause.docx https://eda.gov/files/programs/eda-programs/Environmental-Narrative-Template-and-Application-Certification-Clause.docx programs/Environmental-Narrative-Template-and-Application-Certification- Clause.docx.

11. One Applicant’s Certification Clause (see Appendix A to the environmental narrative noted above) completed separately and signed by each co-applicant, as applicable.

12. One Form CD-511 (Certification Regarding Lobbying) from each co-applicant, as

13. One Form SF-LLL (Disclosure of Lobbying Activities) from each co-applicant.

Form SF-LLL is only required if the applicant or co-applicant has engaged the services of a registered lobbyist in connection with its proposed project.

14. Map of project site.

Applications for design and engineering assistance only (without a construction component) must include:

1. One Form SF-424 (Application for Federal Assistance) from each co-applicant, as

2. One Form SF-424C (Budget Information—Construction Programs).

3. One Budget Narrative that clearly identifies and justifies how funds in each line item of the budget (Form SF-424C) will be used to support the proposed project. The Budget Narrative should specifically address each budget line item, and the narrative total should match the total project costs listed in both question 18 line g of Form SF-424 (the “TOTAL” line) and Form SF-424C (“Total Project Costs”). If applicable, this includes describing any other federal funds that have been secured or requested to support the project.

4. One Form SF-424D (Assurances—Construction Programs) from each co-applicant, as applicable, unless as part of the registration process for SAM each co-applicant has already completed the assurances for non-construction programs. In that case, each co-applicant must inform EDA that this was completed in SAM.

5. One Form ED-900 (General Application for EDA Programs).

• In section B.4, explain the applicant’s capacity to administer, implement, and maintain the project, clearly detailing resources (including costs for project administration) and strategies that will support the applicant in meeting project goals.

• In section B.6, explain how the proposed project is consistent with EDA’s Recovery and Resilience investment priority. You may also explain in this space how the proposed projects will meet any of EDA’s other investment priorities.

https://eda.gov/files/programs/eda-programs/Environmental-Narrative-Template-and-Application-Certification-Clause.docx https://eda.gov/files/programs/eda-programs/Environmental-Narrative-Template-and-Application-Certification-Clause.docx

• In section B.8, per section A.1.a of this NOFO, note that EDA will not require requesting support for foundational economic infrastructure under this NOFO.

6. One Form ED-900A (Additional EDA Assurances for Construction or Non-Construction Investments) from each co-applicant, as applicable.

7. One Form ED-900D (Requirements for Design and Engineering Assistance).

8. An environmental narrative that will enable EDA to comply with its NEPA responsibilities. A narrative outline that details required components may be accessed in EDA’s website at: https://eda.gov/files/programs/eda-programs/Environmental-Narrative-Template-and-Application-Certification- Clause.docx.

9. One Applicant’s Certification Clause (see Appendix A to the environmental narrative noted above) completed separately and signed by each co-applicant, as applicable.

10. One Form CD-511 (Certification Regarding Lobbying) from each co-applicant, as applicable.

11.One Form SF-LLL (Disclosure of Lobbying Activities) from each co-applicant.

Form SF-LLL is only required if the applicant or co-applicant has engaged the services of a registered lobbyist in connection with its proposed project.

Applications for non-construction assistance must include:

1. One Form SF-424 (Application for Federal Assistance) from each co-applicant, as applicable.

2. One Form SF-424A (Budget Information—Non-Construction Programs).

3. One Budget Narrative that clearly identifies and justifies how funds in each line item of the budget (Form SF-424A) will be used to support the proposed project. The Budget Narrative should specifically address each budget line item, and the narrative total should match the total project costs listed in both question 18 line g of Form SF-424 (the “TOTAL” line) and Form SF-424A (“TOTALS”). If applicable, this includes describing any other federal funds that have been secured or requested to support the project.

4. One Form ED-900 (General Application for EDA Programs).10

• In section B.4, explain the applicant’s capacity to administer, implement, and maintain the project, clearly detailing resources (including costs for project

10 Applicants seeking a strategy grant should note this information as part of their response to Section B.2 of the form.

https://eda.gov/files/programs/eda-programs/Environmental-Narrative-Template-and-Application-Certification-Clause.docx https://eda.gov/files/programs/eda-programs/Environmental-Narrative-Template-and-Application-Certification-Clause.docx https://eda.gov/files/programs/eda-programs/Environmental-Narrative-Template-and-Application-Certification-Clause.docx https://eda.gov/files/programs/eda-programs/Environmental-Narrative-Template-and-Application-Certification-Clause.docx administration) and strategies that will support the applicant in meeting project goals.

• In B.6, explain how the proposed project is consistent with EDA’s Recovery and Resilience Investment Priority. You may also explain in this space how the proposed projects will meet any of EDA’s other investment priorities.

• In section B.8, per section A.1.a of this NOFO, note that EDA will not require demonstrated commitments from established beneficiaries for communities requesting support for foundational economic infrastructure under this NOFO.

5. One Form ED-900A (Additional EDA Assurances for Construction or Non-Construction Investments) from each co-applicant, as applicable.

6. One Form CD-511 (Certification Regarding Lobbying) from each co-applicant, as applicable.

7. One Form SF-LLL (Disclosure of Lobbying Activities) from each co-applicant, if applicable. Form SF-LLL is only required if the applicant or co-applicant has engaged the services of a registered lobbyist in connection with its proposed project.

Applications for RLF assistance must include:

1. One Form SF-424 (Application for Federal Assistance) from each co-applicant, as applicable.

2. One Form SF-424A (Budget Information—Non-Construction Programs).

3. One Budget Narrative that clearly identifies and justifies how funds in each line item of the budget (Form SF-424A) will be used to support the proposed project. The Budget Narrative should specifically address each budget line item, and the narrative total should match the total project costs listed in both question 18 line g of Form SF-424 (the “TOTAL” line) and Form SF-424A (“TOTALS”). If applicable, this includes describing any other federal funds that have been secured or requested to support the project.

4. One Form ED-900 (General Application for EDA Programs).

• In section B.4, explain the applicant’s capacity to administer, implement, and maintain the project, clearly detailing resources (including costs for project administration) and strategies that will support the applicant in meeting project goals.

• In section B.6, explain how the proposed project is consistent with EDA’s Recovery and Resilience Investment Priority. You may also explain in this space how the proposed projects will meet any of EDA’s other investment priorities.

• In section B.8, per section A.1.a of this NOFO, note that EDA will not require requesting support for foundational economic infrastructure under this NOFO.

5. One Form ED-900A (Additional EDA Assurances for Construction or Non- Construction Investments) from each co-applicant, as applicable.

6. One Form ED-900F (Supplement for Revolving Loan Fund Applications).

7. A draft RLF plan that addresses all components required by EDA’s regulation at 13 C.F.R. § 307.9.

8. One Form CD-511 (Certification Regarding Lobbying) from each co-applicant, as applicable.

9. One Form SF-LLL (Disclosure of Lobbying Activities) from each co-applicant.

Form SF-LLL is only required if the applicant or co-applicant has engaged the services of a registered lobbyist in connection with its proposed project.

Additional Requirements for Incubator or Accelerator Projects

In addition, applicants that propose a project to support a business incubator or a technology or other type of incubator or accelerator, regardless of the type of assistance being requested (i.e., construction or non-construction) must provide the following documentation.

1. A feasibility study establishing the market demand for the specific start-up companies proposed for incubation (technology, general business, bio-tech, manufacturing, etc.), presence of necessary resources, and community support for the incubator;

2. Documentation with detailed demonstration that the applicant has the financial capacity to operate the incubator facility (if applicable) and reach a positive cash flow within a reasonable period of time, which EDA generally expects to be three years; and

3. A management plan for operation of the incubator that includes the following elements.

Applicants are encouraged to provide as much of this information as possible at the time of application but may provide remaining information post-application or post-award.

i. Tenant/client selection policy that includes a description of the types of businesses sought and any established selection criteria;

ii. Tenant lease or license agreement (if applicable) that enumerates the shared services to be provided; delineates the incubator’s business assistance policy, including the provision of management, technical, and training assistance, and the incubator’s graduation policy; and establishes periodic access to the tenant’s business records to permit assessment of the financial and operational viability of the tenant’s business;

iii. Business assistance policy that outlines the various types of assistance that the incubator will provide to start-up firms, including how the incubator will support tenants/clients with access to capital needed to grow their businesses successfully;

iv. Staffing plan that details the talent and resources that will be dedicated to supporting the start-up companies accepted into the incubator;

v. Tenant graduation policy that is documented as a provision of the tenant lease or license agreement (if applicable) with clear requirements for tenant graduation from the facility or services of the incubator; and

vi. Incubator performance plan that includes how the incubator will track the success of incubator tenants/clients, specifically identifying what performance measurement data the incubator proposes to collect from tenants/clients and for what period of time during and after the service period the data will be collected. This should also include members of any oversight or policy board for the incubator that will be responsible for setting performance goals of the incubator, selecting or approving selections of staff, establishing and reviewing policy, and monitoring performance.

Any applicant that proposes a project to support an incubator is strongly encouraged to contact the appropriate EDA POC listed in section G to clarify technical matters involving their proposed project.

Consideration of Applications Submitted under the FY 2020 CARES Act Addendum

In accordance with section E.1.b.i of this Indigenous Communities NOFO, upon request of the applicant, EDA will consider previously declined applications submitted under the FY 2020 CARES Act Addendum. For a project that was not selected for funding under the FY 2020 CARES Act Addendum, if the applicant would like EDA to consider the application unchanged under this NOFO, the applicant must submit written request to the EDA POC identified below in section G. that certifies that the project is unchanged.

b. Environmental and…