EDA PWEAA NOFO Update AIC 9.17.24.pdf

NOTICE OF FUNDING OPPORTUNITY

Public Works and Economic Adjustment Assistance Programs

EXECUTIVE SUMMARY

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

Federal Funding Opportunity Title: Fiscal Years (FY) 2023 and 2024 Public Works and Economic Adjustment Assistance Notice of Funding Opportunity (FY 23/24 PWEAA NOFO).

Effective date: 03/15/2023

Funding Opportunity Number: PWEAA2023

Catalog of Federal Domestic Assistance (CFDA) Numbers: 11.300, Investments for Public Works and Economic Development Facilities and 11.307, Economic Adjustment Assistance.

Dates: There are no application submission deadlines. Applications will be accepted on an ongoing basis until the publication of a new PWEAA NOFO, cancellation of this PWEAA NOFO, or all available funds have been expended. EDA intends to review applications expeditiously upon receipt of the complete application.

Eligible applicants: Pursuant to Section 3(4) of PWEDA (42 U.S.C. § 3122(4)(a)) and 13 C.F.R. § 300.3 (Eligible Recipient), eligible applicants for EDA financial assistance under the Public Works and EAA programs include a(n): (i) District Organization of an EDA-designated Economic Development District;

(ii) Indian Tribe or a consortium of Indian Tribes; (iii) State, county, 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; (iv) institution of higher education or a consortium of institutions of higher education; or (v) public or private non-profit organization or association acting in cooperation with officials of a political subdivision of a State.

Individuals and for-profit entities are not eligible for funding under this NOFO.

Funding Opportunity Description: Subject to the availability of funds, awards made under this NOFO will assist communities and regions in devising and implementing long-term economic development efforts through a variety of non-construction and construction projects.

TABLE OF CONTENTS

A. Program Description

1. Overview

2. Program Information

3. Project Specific Information

4. Statutory Authorities

5. Federal Awarding Agency Contact

B. Federal Award Information

1. Funding Available

2. Type of Funding Instrument

3. Period of Performance

C. Eligibility Information

1. Eligible Applicants

2. Cost Share or Matching

3. EDA Distress Criteria

4. Other Criteria

D. Application and Submission Information

1. Obtaining an Application and Electronic Submission through EDGE

2. Content and Form of the Application

3. Unique Entity Identifier (UEI) and System for Award Management (SAM)

4. Submission Dates and Times

5. Intergovernmental Review

6. Funding Restrictions

7. Other Submission Requirements

8. EDGE Systems Issues

E. Application Review Information

1. Criteria

2. Review and Selection Process

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

F. Federal Award Administration Information

1. Federal Award Notice

2. Administrative and National Policy Requirements

3. Reporting

G. Federal Awarding Agency Contacts

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. NOFO Changes Communicated on Grants.gov

8. Disclosure of Information

9. Audit Requirements

10. Fraud Awareness Training

11. Office of Inspector General Rights and Responsibilities

I. Assistance to Indigenous Communities Addendum

A. Program Description

1. Overview

EDA has authority to provide grants to meet the full range of communities’ and regions’ economic development needs from planning and technical assistance to construction of infrastructure. These grants are made through a series of Notices of Funding Opportunity (NOFOs) that can be found on EDA’s website at https://www.eda.gov/funding/funding-opportunities and are designed to support the economic development activities most useful to a community based on its needs and circumstances.

EDA funds community or regionally generated ideas and assists communities to advance to the next level of economic development.

This NOFO, which supersedes the FY20 PWEAA NOFO, sets out EDA’s application submission and review procedures for two of EDA’s core economic development programs authorized under the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. § 3121 et seq.) (PWEDA): (1) Public Works and Economic Development Facilities (Public Works) and (2) Economic Adjustment Assistance

(EAA).

EDA supports bottom-up strategies that build on regional assets to spur economic growth and resiliency.

EDA encourages its grantees throughout the country to develop initiatives that present new ideas and creative approaches to advance economic prosperity in distressed communities.

Through this NOFO EDA intends to advance general economic development in accordance with EDA’s investment priorities, but also to pursue projects that, where practicable, incorporate specific priorities related to equity, workforce development, and climate change resiliency so that investments can benefit everyone for decades to come.

a. EDA Investment Priorities

Each project funded under this NOFO must be consistent with at least one of EDA’s Investment Priorities:

1. Equity

2. Recovery & Resilience

3. Workforce Development

4. Manufacturing

5. Technology-Based Economic Development

6. Environmentally-Sustainable Development

7. Exports & Foreign Direct Investment

More information about these Investment Priorities, including definitions, can be found at https://www.eda.gov/funding/investment-priorities. EDA’s website may be updated from time to time if there are any revisions to these Investment Priorities. While all are important, equity and recovery and resilience are also evaluation factors, and incorporating such principles or elements into a project application may make it more competitive. See sections A.3.b. (Resiliency), A.3.c. (Equity) and E.1 (Criteria). Further, for workforce development projects, incorporation of the principles found in section A.3.a. of this NOFO will make the project more competitive.

https://www.eda.gov/funding/funding-opportunities https://www.eda.gov/funding/investment-priorities

b. Comprehensive Economic Development Strategy (CEDS)

Each project must be consistent with the region’s current Comprehensive Economic Development Strategy (CEDS), or if a CEDS does not exist, an equivalent EDA-accepted regional economic development strategy that meets EDA’s CEDS or strategy requirements (except for a strategy grant to develop, update, or refine a CEDS). Applicants must identify the CEDS or equivalent EDA-accepted regional economic development strategy and clearly detail in the ED-900 how the project will support the economic development needs and objectives outlined in the strategy. If EDA does not already possess the applicable CEDS, the Applicant may be required to provide it. If an Applicant is relying on an alternate strategy other than a CEDS (i.e., if a CEDS does not exist), the Applicant must provide a copy of the alternate strategy document by attaching it to the application, and EDA will review it.

2. Program Information

As detailed in section B.1. of this NOFO, there are separate program funds for the Public Works and EAA programs. Applicants do not need to specify the program for which they are applying. EDA will consider the application under the most appropriate pool of funding.

a. Public Works

Through the primarily construction-oriented Public Works program, EDA provides catalytic investments to help distressed communities build, design, or engineer critical infrastructure and facilities that will help implement regional development strategies and advance bottom-up economic development goals to promote regional prosperity. The Public Works program provides resources to meet the construction and/or infrastructure design needs of communities to enable them to become more economically competitive. Examples of projects that have been funded previously include, but are not limited to:

• acquisition and development of land and improvements for use in public works or other types of development facilities;

• design and engineering, construction, rehabilitation, alteration, expansion, or improvement of public works, public service, or related development facilities, including related machinery and equipment;

• water and sewer system improvements;

• creation or expansion of industrial parks;

• creation or expansion of business incubator and accelerator facilities;

• revitalization or expansion of aviation, port, and harbor facilities;

• construction or expansion of facilities for workforce development;

• redevelopment of brownfield sites;

• expansion, construction, or improvements of technology-based facilities and research and development commercialization centers, including the procurement of necessary equipment;

• construction, expansion, or improvement of wet labs, including the procurement of necessary equipment;

• construction of multi-tenant manufacturing facilities;

• expansion or improvement of research, business and science parks; and

• expansion or enhancement of public facilities with higher quality fiber optic cables and telecommunications infrastructure and broadband infrastructure deployment.

b. Economic Adjustment Assistance (EAA)

Through the EAA program, EDA provides investments that support a wide range of construction and non-construction activities in regions experiencing adverse economic changes that may occur suddenly or over time. Supported activities include construction and non-construction such as sectoral partnerships for workforce training, design and engineering, technical assistance, economic recovery strategies, and capitalization or re-capitalization of Revolving Loan Funds (RLF). EDA utilizes EAA investments to provide resources that help communities experiencing or anticipating economic dislocations to plan and implement specific solutions to leverage their existing regional economic advantages to support economic development and job creation. Like Public Works investments, EAA investments are designed to help communities catalyze public-private partnerships to foster collaboration, attract investment, create jobs, and foster economic resiliency and prosperity. Examples of projects that have been funded previously include, but are not limited to:

• construction or upgrading of public infrastructure;

• design and implementation of sectoral partnerships (see section 3.a.);

• activities necessary to strengthen cluster acceleration and expansion;

• capitalization or recapitalization of revolving loan funds (RLFs);

• development and implementation of long-term disaster recovery and resiliency plans;

• enhancement of infrastructure to make it more resilient to natural disasters;

• implementation of military base realignments and closures (BRAC) responses;

• development or expansion of commercialization and proof of concept centers;

• procurement of equipment for workforce training programs;

• market or industry research and analysis for larger hard or soft economic projects;

• creation or expansion of foreign direct investment, trade, or export initiatives;

• economic development projects that enhance density in the vicinity of other economic development;

• “strategy grants” to develop, update, or refine a Comprehensive Economic Development

Strategy (CEDS) as described in EDA’s regulations at 13 C.F.R. § 307.3; and

• development of projects that provide technical assistance to enhance the capacity of key economic development actors in the region to promote the region’s locally owned strategies.

The EAA program is also designed to provide specific investment assistance to the communities experiencing energy transitions away from nuclear, biomass, or coal. EAA assistance to Nuclear Closure Communities (NCCs) and Biomass Closure Communities (BCC) supports communities that have been impacted, or can reasonably demonstrate they will be impacted, by closures of nuclear or biomass power plants. Similarly, EAA Assistance to Coal Communities (ACC) supports communities that have been negatively impacted by changes in the coal economy. For more information on eligibility for NCC, BCC, or ACC, see the Special Need section of this NOFO below at C.3.b.

For more information regarding Public Works, EAA, or one of EDA’s other programs, as well as recent examples of awarded projects, applicants are encouraged to visit www.eda.gov. In addition, for information on factors that would make a project ineligible, see A.3.d.

http://www.eda.gov/

3. Project Specific Information

a. Workforce Projects

EDA is interested in funding workforce development projects. This includes both non-construction and construction activities.

Non-construction workforce projects eligible under this NOFO will support demand-driven sectoral partnerships that will support Americans in securing and retaining quality jobs, consistent with the Department of Commerce workforce principles1 and the Good Jobs Principles of the Departments of Commerce and Labor.2 For the purposes of this NOFO, “sectoral partnership” is defined as a partnership of employers from the same industry who join with other strategic partners to train and place workers into high-quality jobs that the employers need filled and intend to fill through the partnership. The strategic partners can include: government, education (including community and technical colleges), training organizations, economic development organizations, workforce development organizations, unions, labor management partnerships, industry associations, employer-serving organizations, and/or community-based organizations. A sectoral partnership is focused on one specific industry and one or more specific roles within that industry. The lead entity of a sectoral partnership (i.e., Backbone Organization) serves as an intermediary across all the partners in the sectoral partnership and must be an EDA eligible applicant to receive funding through this NOFO. Sectoral partnerships are effective because: they are carefully built to include all necessary partners before workforce solutions are designed; they cut across traditional economic development, workforce, education, and social services system silos; they are targeted to in-demand sectors with high-quality jobs; and they consider the economic realities of a regional industry in assessing workforce demand and training needs.

A project that is entirely or partially intended to develop, deploy, expand, or initiate workforce training, must:

• connect trained workers with quality job3 opportunities through a sectoral partnership;

• demonstrate employer leadership. EDA is seeking applications that have employer engagement in the development of the training and firm employer commitments to hire people who complete the training, which can come in different forms including earn-and-learn models like Registered Apprenticeships;

• include comprehensive wrap-around services (e.g., childcare, transportation) to support vulnerable populations;4

• increase educational and workplace diversity, equity, accessibility, and inclusion, including through recruitment and retention efforts focused on underserved populations and quality pre-apprenticeship programs as defined by the Department of Labor;5

1 https://www.commerce.gov/issues/workforce-development.

2 https://www.dol.gov/general/good-jobs/principles 3 For more information on what constitutes a quality job, see https://www.dol.gov/general/good-jobs/principles.

4 Note that not all wrap-around services will be eligible expenses. You will need to work with EDA to identify those that qualify as eligible participant support costs under 2 CFR 200.1 and 200.456.

5 Quality Pre-Apprenticeship Programs (dol.gov) https://www.commerce.gov/issues/workforce-development https://www.dol.gov/general/good-jobs/principles https://www.dol.gov/general/good-jobs/principles https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEN/2023/TEN%2023-23/TEN%2023-23.pdf

• carry out activities in one or both of the following categories:

o Program Design funding for sectoral partnerships to identify the skills needed by industry and workers, develop the skills training curriculum and materials, and secure technical expertise needed to train workers with the skills needed by businesses, including providing professional development and capacity-building to trainers and educators, and/or o Program Implementation funding to deliver workforce training and wrap-around services that place workers into quality jobs through a new or expanded sectoral partnerships; and

• measure and evaluate outcomes such as workers’ employment and earnings. Ensure that data is transparent, actionable, secure, and linked back to those executing programs.

If the project is a workforce project, its compliance with these workforce principles must be documented in section B.2 of the ED-900 (as discussed below) and will be evaluated as part of the project’s competitiveness. See section E.1.

EDA recognizes that in many circumstances having adequate, modernized facilities is a critical component of a successful workforce training program that responds to industry needs today and into the future. As such, equipment costs, expenses related to securing adequate space (e.g., rent, leases), and other non-construction capital expenses are allowable expenses under workforce projects.

Building-based construction projects (i.e., any activity that disturbs the ground or modifies a structure) should be submitted as a construction project.

For construction projects, it is critical that any future programming that will occupy the facility also follow the above principles related to employer engagement and job commitments.

b. Resilience

In terms of economic development, 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 extreme weather events. Enhancing resilience, especially in light of the ongoing impacts of a changing climate, is a multi-dimensional effort emphasizing engagement and support from all aspects of the community, including economic development practitioners. Some examples include:

• efforts to broaden the industrial base or local sectoral specialization with diversification initiatives (e.g., moving away from a local or regional economy overly dependent on one industry that might be susceptible to economic downturns);

• enhancing business retention and expansion programs to strengthen existing high-growth sectors and industries, including increasing supplier diversification;

• development and construction of high-performance and resilient infrastructure and buildings to mitigate future risk and vulnerability, including from impacts of climate change;

• enhancing the development and adoption of new technologies that play a vital role in strengthening economic resilience (e.g., through modern infrastructure like broadband and renewable energy), and nurturing technology ecosystems that support dynamic, diverse economies that better withstand acute disruptions; and

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

One particular type of resilience is climate resilience. EDA expects every project it funds to be resilient to future disruptions, to the greatest extent possible, including the impacts of climate change. The manner in which this manifests will vary by project and may include considerations such as siting, construction methods, construction materials, etc. Applicants should demonstrate that they have sufficiently accounted for current and future weather and climate-related risks, such as wildfires, droughts, extreme heat and cold, inland and coastal flooding, and the high-impact winds produced by weather events such as tornadoes and hurricanes. The proposed project application should include how new infrastructure assets will be designed, built, and operated to prove resilient to high-impact weather and climate changes that may occur over the asset’s lifetime. Applicants should make use of available tools and resources from the National Oceanic and Atmospheric Administration (NOAA) and other federal agencies, as well as applicant-level resources and centers of expertise, in drawing up their applications.

Resilience (within the context of economic development) is strengthened when it includes methods and measures to mitigate the potential for future economic injury, including through disaster mitigation, promoting a faster “up-time” for economic anchors (e.g., key businesses and/or industries), and strengthening local and regional capacity to troubleshoot and address vulnerabilities within the regional economy. As noted above, application submissions that explicitly incorporate resilience principles will be more competitive. Additional information about this subject is available at https://www.eda.gov/node/10701.

The project’s compliance with these resiliency principles should be documented in section B.2 of the ED-900 (as discussed below) and will be evaluated as part of the project’s competitiveness.

c. Equity

Consistent with Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government and Executive Order 14091, Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, and EDA’s Equity Investment Priority, EDA expects projects to advance equity to underserved populations to the extent practicable. In this context, EDA is seeking projects that directly benefit: 1) one or more traditionally underserved populations, including but not limited to women, persons with disabilities, members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons, Black, Latino, Indigenous and Native American persons, Asian Americans and Pacific Islanders, and other persons of color or 2) underserved communities within geographies that have been systemically and/or systematically denied a full opportunity to participate in aspects of economic prosperity such as Tribal Lands, Persistent Poverty Counties, and rural areas with demonstrated, historical underservice.

A successful project will articulate which populations or communities will benefit (as noted above and https://www.eda.gov/funding/investment-priorities) and include a plan for inclusive community engagement in the project and ensuring that the economic benefits of the project will be shared by all https://www.eda.gov/node/10701 https://www.eda.gov/sites/default/files/2022-06/EDA-FY21-Investment-Priorities-Definitions.pdf#Underserved-Populations https://www.eda.gov/sites/default/files/2022-06/EDA-FY21-Investment-Priorities-Definitions.pdf#Geographies https://www.eda.gov/sites/default/files/2022-02/FY2022_PPCs.xlsx communities in the project region, including any underserved communities. Your explanation should address the communities affected, barriers those communities may face in accessing benefits of the project, contemplated outreach and engagement efforts, and other planned steps to address identified barriers, as appropriate.

The project’s compliance with these equity principles should be documented in section E.1 of the ED-900 (as discussed below) and will be evaluated as part of the project’s competitiveness.

d. Ineligible Projects

Some projects are generally ineligible under this NOFO, including projects that are primarily residential in nature (e.g., housing), projects to create community amenities (e.g., swimming pools, zoos, recreational centers), projects that support casinos or gaming, projects that support general governmental or public safety functions (e.g., buildings to house municipal government, firehouses, public safety equipment), and requests for funding to supplement operating budgets or replace lost revenue (including lost tax revenue). Applicants who are unsure whether their proposed project is eligible under this NOFO should consult the appropriate EDA Regional Office Point of Contact (POC) listed in section G.

Funds may not be used, directly or indirectly as an offset for other funds, to support or oppose collective bargaining.

4. Statutory Authorities

The statutory authority for EDA’s Public Works program is Section 201 of PWEDA (42 U.S.C. § 3141). The statutory authority for EDA’s EAA program is section 209 of PWEDA (42 U.S.C. § 3149). Regulations governing the Public Works program are at 13 C.F.R. part 305, and regulations governing the EAA program are at 13 C.F.R. part 307. These regulations are accessible at the U.S. Government Publishing Office website at www.ecfr.gov. In the event of discrepancies between the instructions and information provided in this NOFO and EDA’s regulations, EDA regulations will control.

5. Federal Awarding Agency Contact

Potential applicants should contact the EDA representative listed for their State (see Section G of this NOFO) to obtain additional information regarding any information in this NOFO.

B. Federal Award Information

1. Funding Available

For federal fiscal year (FY) 2023, EDA was appropriated $121.5 million for the Public Works program, $39.5 million for the EAA program, $48.0 million for ACC, $16.5 million for NCC, and $4.5 million for BCC pursuant to the Consolidated Appropriations Act, 2023 (P.L. 117-328) and its accompanying joint explanatory statement.

For federal FY 2024, pursuant to P.L. 118-42 and consistent with the relevant Committee Print (H. Prt. 118th Congress), EDA was appropriated $100.0 million for the Public Works program, $33.0 million for the EAA program, $5.0 million for Assistance to Indigenous Communities (AIC), http://www.ecfr.gov/

$75.0 million for ACC, and $4.5 million for BCC. Please see the addendum to this NOFO for requirements specific to AIC. Within amounts made available under this NOFO in FY 2024, EDA will allocate $5.0 million to Working Waterfronts. The award sizes and ranges listed below remain consistent for

FY 2024.

In the past, the average size of a Public Works investment has been approximately $1.4 million. In FY2024, EDA expects investments ranging from $600,000 to $5 million. The average size of an EAA investment has been approximately $650,000, and EDA expects to make investments ranging from $150,000 to $2.5 million in FY2024. ACC, NCC, and BCC awards generally have ranged from $500,000 to $3 million for implementation projects and from $100,000 to $350,000 for planning activities. EDA anticipates making similar sized awards, subject to the availability of funding.

Note: The funding periods and amounts referenced in this PWEAA NOFO are subject to the availability of funds at the time of award as well as DOC and EDA priorities at the time of award. Applications for funding of activities related to existing awards may compete with applications for new awards.

2. Type of Funding Instrument

EDA may award grants or cooperative agreements under this NOFO. EDA will primarily award grants under this NOFO. EDA, however, will award a cooperative agreement on a case-by-case basis if substantial agency involvement is required. For a cooperative agreement, the nature of EDA’s “substantial involvement” will generally be collaboration between EDA and the recipient on the scope of work. Other possible examples of EDA’s substantial involvement pursuant to a cooperative agreement may include but are not limited to: (i) authority to halt immediately an activity if detailed performance specifications are not met; (ii) stipulation that the recipient must meet or adhere to specific procedural requirements before subsequent stages of a project may continue; and (iii) operational involvement during the project to ensure compliance with statutory requirements.

3. Period of Performance

The period of performance for a given project will depend on the nature of the project for which the grant or cooperative agreement is awarded. Typically, strategy grants and non-construction projects may range in duration from 12 to 24 months. Construction projects are expected to range from 12 to 48 months and are expected to be completed within 5 years from award date. EDA will work closely with recipients to accommodate their projected timelines within reason and allowances of regulations and grant policies. EDA expects that all projects will proceed efficiently and expeditiously, and EDA expects applicants to clearly document how quickly they will be able to start and complete the proposed project scope of work within the above timeframes.

C. Eligibility Information

1. Eligible Applicants

Eligible applicants for investment assistance under this NOFO include a(n):

• District Organization;

• Indian Tribe or a consortium of Indian Tribes;

• State,6 county, 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;

• Institution of higher education or a consortium of institutions of higher education; or

• Public or private non-profit organization or association acting in cooperation with officials of a political subdivision of a State.7

Under the Public Works and EAA programs, EDA is not authorized to provide grants or cooperative agreements to individuals or to for-profit entities, and such requests will not be considered for funding.

2. Cost Share or Matching

a. EDA Investment Rate

With limited exceptions, cost share is required for projects funded under this NOFO. Generally, the EDA investment rate (percentage of the total project costs) will be 50 percent, but EDA may fund up to 80 percent of total project costs based on the relative needs of the region. Table 1 below sets forth the maximum allowable investment rate depending on the economic distress of the region:

6 Under section 3(10) of PWEDA (42 U.S.C. § 3122), the term “State” includes any State, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.

7 This may include labor unions to the extent they can provide proof that they are organized as and operating as a non-profit organization. See section D.2.c.v, Organizational Documentation, for documentation required to show eligibility.

TABLE 1

Projects located in regions in which:

Maximum allowable investment rates (percentage of total project cost)

(A) The 24-month unemployment rate is at least 225% of the national average; or 80

(B) The per capita income is not more than 50% of the national average. 80

(C) The 24-month unemployment rate is at least 200% of the national average; or 70

(D) The per capita income is not more than 60% of the national average. 70

(E) The 24-month unemployment rate is at least 175% of the national average; or 60

(F) The per capita income is not more than 65% of the national average. 60

(G) The 24-month unemployment rate is at least 1 percentage point greater than the national average; or 50

(H) The per capita income is not more than 80% of the national average. 50

For projects subject to a Special Need, as outlined in Section C.3.a below, EDA will determine the maximum allowable investment rate, not to exceed 80 percent of total project costs, based on the actual or threatened overall economic situation of the region in which the project is located. In addition, EDA’s regulations allow an investment rate of up to 100 percent for Indian tribes, for a State or political subdivision of a State that can document that it has exhausted its effective taxing and borrowing capacity, or for a non-profit organization that can document that it has exhausted its borrowing capacity.

b. Documentation of Cost Share or Matching

Applications must include commitment letters or equivalent documents that demonstrate, to the satisfaction of EDA, that all matching funds (whether cash, loans, bonds, or in-kind) from all sources (e.g., any applicant, any co-applicants, and any other sources of matching funds) referenced in the application will be unencumbered, unrestricted, and committed at the time of award and that are signed by authorized representatives of the sources of the matching funds. Authorized representatives must have the authority to execute documents and to obligate and expend funds on behalf of their respective organizations.

Each matching share commitment letter must state whether the contribution is cash, loans, bonds, or in-kind; if in-kind, provide a valuation for in-kind contributions. In-kind match must consist of contributions directly related to the proposed project, such as services, equipment, or space. EDA will fairly evaluate all in-kind contributions, which must be eligible project costs and which must meet applicable federal cost principles and uniform administrative requirements. Funds from other federal financial assistance awards may be considered matching share funds only if authorized by statute, which may be determined by EDA’s reasonable interpretation of the statute.

Additional documentation may be requested by EDA to substantiate the availability of the matching funds. For example, if bonds are contemplated as match, counsel opinion of the applicant’s bonding authority and eligibility of the bonds for use as match, along with full disclosure of the type of bonds and the schedule of the applicant’s intended bond issue, are required.

A provider of matching share, including an entity providing cash or in-kind contributions, may not serve as a contractor under the same award and may not be paid with award funds to provide goods or services to the award recipient.

In addition, applicants should indicate if other Federal funds have been secured for, or have been requested to support, any portion of the project for which an EDA investment is proposed. Applicants should describe how the EDA investment will complement, leverage, or otherwise align with other public and private investments to implement the project. Where other Federal funding may be involved in the project, the applicant should provide the Federal program name and contact information with their application to facilitate interagency coordination and avoid duplication of resources. Note that consistent with 2 CFR § 200.306, not all sources of Federal funding may be allowed as match and applicants shall raise any concerns as early as possible with their EDA Regional Office POC listed in section G.

3. EDA Distress Criteria

In order to be eligible for funding under this NOFO, an applicant must propose a project that meets EDA’s distress criteria. Applicants must self-define the appropriate region geographically. The geographic area comprising a region need not be contiguous or defined by political boundaries but should constitute a cohesive area capable of undertaking self-sustained economic development.

Applicants must provide third-party data that clearly indicate that the relevant region is subject to one (or more) of the following economic distress criteria: (i) an unemployment rate that is, for the most recent 24-month period for which data are available, at least one percentage point greater than the national average unemployment rate; (ii) per capita income that is, for the most recent period for which data are available, 80 percent or less of the national average per capita income; or (iii) a “Special Need,” as determined by EDA. Applicants may find EDA-funded tools useful in characterizing economic development need in their region. These can be found https://www.eda.gov/grant-resources/tools.

EDA will review and evaluate documentation submitted by the applicant to determine eligibility. EDA will reject any documentation of eligibility that the agency determines is inaccurate or incomplete, which may cause the application to be rejected. EDA reserves the right to request additional documentation or information from the applicant to make an eligibility determination. The proposed project must meet EDA’s distress criteria as of the date EDA receives a complete application. However, if an award has not been made within six months of that date, EDA will then re-evaluate the project to determine continued eligibility for https://www.eda.gov/grant-resources/tools investment assistance. If the project no longer meets EDA’s distress criteria, the project will no longer be considered.

For construction projects (including design and engineering) the project must be located within an eligible region. For non-construction projects, the investment’s scope of work must primarily benefit an eligible region, and stakeholders from that eligible area must be directly engaged. EDA suggests that applicants work closely with the EDA representative listed for their State as they define an eligible region for their project.

A proposed project may meet the regional eligibility criteria in one of the following three ways:

1. The proposed project will be located in a region that meets EDA’s economic distress criteria;

2. The proposed project is located in an Economic Development District (EDD) that is located in a region that does not meet EDA’s economic distress criteria, and EDA determines the proposed project will be of substantial direct benefit to a geographic area within the EDD that meets EDA’s economic distress criteria; or

3. The proposed project will be located in a geographic area of poverty or high unemployment that meets EDA’s economic distress criteria, but which is located in a region that overall does not meet EDA’s distress criteria.

Below are further details on economic distress criteria. See also 13 C.F.R. § 301.3(a).

a. Unemployment Rate & Per Capita Income

For economic distress levels based upon per capita income requirements, EDA will base its determination upon the most recent American Community Survey (ACS) published by the U.S. Census Bureau. For economic distress levels based upon the unemployment rate, EDA will base its determination upon the most recent data published by the Bureau of Labor Statistics (BLS), within the U.S. Department of Labor. For eligibility based upon either per capita income requirements or the unemployment rate, when the ACS or BLS data, as applicable, are not the most recent Federal data available, EDA will base its decision upon the most recent Federal data from other sources (including data available from the Census Bureau and the Bureaus of Economic Analysis, Labor Statistics, Indian Affairs, or any other Federal source determined by EDA to be appropriate). If no Federal data are available, an applicant must submit to EDA the most recent data available from the State. The required State data must be for the region where the project will be located, the geographic area where substantial direct project benefits will occur, or the geographic area of poverty or high unemployment, as applicable. Please also include applicable 2-digit state and 3-digit county FIPS codes, where possible.

b. “Special Need”

As defined by EDA, “special need” includes meeting one or more of the following criteria:

i) Closure or restructuring of industries or the loss of a major employer essential to the regional economy as defined by:

a) a public announcement of an impending closure or restructuring of a firm expected to occur within four (4) years of review of an application submission; or

b) an actual closure or restructuring of a firm within the 24 months prior to submission of an application, resulting in sudden job losses; AND

c) such threatened or actual closure results in sudden job losses meeting the following dislocation criteria:

1) For regions with a population of at least 100,000, the threatened or actual dislocation is 500 jobs, or one percent of the civilian labor force (CLF), whichever is less.

2) For regions with a population up to 100,000, the threatened or actual dislocation is 200 jobs, or one percent of the CLF, whichever is less.

ii) Substantial out-migration or population loss.

iii) Underemployment, meaning employment of workers at less than full-time or at less skilled tasks than their training or abilities permit.

iv) Military base closures or realignments, defense contractor reductions-in-force, or Department of Energy defense-related funding reductions.

v) Natural or other major disasters or emergencies. A region that has received one of the following disaster declarations is eligible:

a) A Presidentially declared disaster (declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. § 5121 et seq.)); or

b) A Federally declared disaster (pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, as amended (16 U.S.C. § 1861a(a)); the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. § 1961); or the Small Business Act, as amended (Pub. L. No. 85- 536, 15 U.S.C. § 631 et seq., 72 Stat. 384 (1958)).

Applicants must demonstrate a clear nexus between the needs created by the declared disaster and the proposed project.

vi) Extraordinary depletion of natural resources or other impact attributable to a new or revised Federal regulation or policy that will have a significant impact on a community's ability to prevent an extraordinary depletion of natural resources. For example, in the case of a Federal fishing regulation designed to promote and sustain a community and its fishery in the long-term, EDA could quickly help a coastal community respond to any short-term economic dislocations.

vii) Communities undergoing transition of their economic base as a result of changing trade patterns.

viii) A project located in a persistent poverty county or high-poverty area. For purposes of determining Special Need, the term "persistent poverty county" means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates. The term “high-poverty area” means any census tract with a poverty rate of at least 20 percent as measured by the 2016–2020 5-year data series available from the American Community Survey of the Census Bureau. One available tool to obtain this information can be found at https://mtgis-portal.geo.census.gov/arcgis/apps/webappviewer/index.html?id=31e10881bd1040b7b0ae6855 59917509.

ix) The project is located in an Energy Transition Community for regions experiencing transitions away from nuclear, biomass, or coal. See section 3.c. below for required documentation.

https://mtgis-portal.geo.census.gov/arcgis/apps/webappviewer/index.html?id=31e10881bd1040b7b0ae685559917509 https://mtgis-portal.geo.census.gov/arcgis/apps/webappviewer/index.html?id=31e10881bd1040b7b0ae685559917509 https://mtgis-portal.geo.census.gov/arcgis/apps/webappviewer/index.html?id=31e10881bd1040b7b0ae685559917509

x) Other Special Need. The area is experiencing other special or extraordinary economic adjustment needs, as determined EDA.

c. Assistance to Energy Transition Communities

i. Assistance to Coal Communities

Applications seeking ACC funding based on Special Need distress criteria must provide appropriate third-party economic and demographic statistics, such as those described in section C.3.c.III below, to document the extent to which contractions in the coal economy have negatively impacted, or can reasonably demonstrate that they will negatively impact, the community or region. In general, for past coal economy contraction events, EDA will consider applications for projects in communities and regions where the “event” (e.g., closure of a coal mine or a coal-fired power plant, closure of various coal economy supply chain businesses, etc.) took place within 1-15 years prior to the application submission date.

ii. Assistance to Nuclear or Biomass Closure Communities

Applicants for NCC or BCC funding based on Special Need criteria must demonstrate the manner and extent to which a region has been impacted or will be impacted by Nuclear Power Plant (NPP) or Biomass Power Plant (BPP) closure(s). Geographic proximity to an NPP or BPP closure is by itself insufficient to demonstrate eligibility. Applicants must provide appropriate third-party economic and/or demographic data to document the extent to which NPP/BPP closure(s) have negatively impacted the region. Applicants are encouraged to cite federal data resources such as those described below in section C.3.c.III below.

iii. Data Sources

Applicants for ACC, NCC, or BCC funding are encouraged to cite federal data resources. These may include, but are not limited to:

i) U.S. Department of Commerce, Bureau of Economic Analysis, http://www.bea.gov

ii) U.S. Department of Commerce, U.S. Census Bureau- American Community Survey (ACS):

https://www.census.gov/programs-surveys/acs/

iii) U.S. Department of Labor, Bureau of Labor Statistics (BLS): http://www.bls.gov/

iv) U.S. Department of Labor, Mine Safety Health Administration: https://www.msha.gov/

v) U.S. Department of Energy, Energy Information Administration (EIA): https://www.eia.gov/

vi) U.S. Department of Interior, Bureau of Indian Affairs (BIA)- American Indian Population and Labor Force Reports: http://www.bia.gov/

vii) StatsAmerica: http://www.statsamerica.org

viii) U.S. Nuclear Regulatory Commission: https://www.nrc.gov

ix) Argonne National Laboratory- National Economic Resilience Data Explorer (NERDE):

https://www.anl.gov/dis/national-economic-resilience-data-explorer-nerde http://www.bea.gov/ https://www.census.gov/programs-surveys/acs/ http://www.bls.gov/ https://www.msha.gov/ https://www.eia.gov/ http://www.bia.gov/ http://www.statsamerica.org/ https://www.nrc.gov/ https://www.anl.gov/dis/national-economic-resilience-data-explorer-nerde

If federal data is not available, applicants may consider demonstrating the negative impacts of coal, nuclear, and biomass power plant closure(s) using data including but not limited to local/regional economic indicators, labor market analyses, official announcements made by local and regional industries and firms, and demographic and industry data.

Applicants seeking ACC, NCC, or BCC funding in regions that will be impacted in the future by coal, nuclear, or biomass power plant closure(s) must provide documentation demonstrating that the region will be negatively impacted in the future by such closure(s). Such documentation may, but is not required to, take the form of an announcement of future closure and should be substantiated to the extent possible by third-party data sources as listed above.

4. Other Criteria

See section A.1 for information on other criteria: EDA investment priorities and the Comprehensive Economic Development Strategy.

D. Application and Submission Information

An applicant must submit a complete application, as detailed in Section D.2.b of this NOFO, to be considered for funding. EDA intends to review each application expeditiously upon receipt of the complete application. EDA may request additional documentation or information from the applicant to make an eligibility determination. EDA will reject any documentation of eligibility that the agency determines is inaccurate or incomplete, which may cause the application to be rejected. Please see Section E of this PWEAA NOFO for more information on award criteria and the review and selection process.

1. Obtaining an Application and Electronic Submission through EDGE

An applicant must obtain, complete, and submit an application electronically through the Economic Development Grants Experience (EDGE) at sfgrants.eda.gov. EDA will not accept paper, facsimile, or email transmissions of applications except as provided below. In order to obtain and submit an application through EDGE, an applicant must register for an EDGE account at sfgrants.eda.gov. As part of the registration process, you will register one Authorized Representative for your organization. The Authorized Representative will be the only official with the authority to submit applications.

a. Verification of Submission

Applicants should save and print written proof of an electronic submission made through EDGE.

Applicants, specifically the Authorized Representative submitting the application and materials, will receive a time and date stamped email from EDGE confirming the submission and receipt of the application and other required documents.

Applicants should save and print both the confirmation screen provided on EDGE after the applicant has submitted an application and the confirmation email sent when the application has been successfully submitted.

It is the applicant’s responsibility to verify that its submission was timely received and submitted successfully through EDGE. To see the date your application was submitted, log on to EDGE and click on the Submitted Application section from the Home Page.

If you experience a systems issue with EDGE, see Section D.8. below for instructions.

b. Alternatives to Submission through EDGE

To accommodate an applicant’s accessibility requirements, a paper version of this application may be obtained by contacting the appropriate POC listed in section G of this NOFO. Or if an applicant is otherwise unable to submit an application through EDGE for reasons beyond the control of the applicant, EDA, in its sole discretion, may pre-approve in writing submission via an alternate method (e.g., email).

2. Content and Form of the Application

a. Application Format and Signatures

All relevant forms must be signed electronically by the applicant’s Authorized Representative, as identified per Section D.1 of this NOFO.

The preferred electronic file…