FY23 EDA Disaster Supplemental NOFO.pdf

NOTICE OF FUNDING OPPORTUNITY

FY 2023 EDA Disaster Supplemental

EXECUTIVE SUMMARY

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

Department of Commerce (DOC).

• Federal Funding Opportunity Title: FY 2023 EDA Disaster Supplemental Notice of Funding Opportunity (NOFO) (Disaster Supplemental NOFO).

• Announcement Type and Date: Disaster Supplemental NOFO announcement publishing EDA’s application submission requirements and review procedures for the review of applications received under EDA’s Economic Adjustment Assistance (EAA) disaster recovery 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: April 24, 2023.

• Funding Opportunity Number: EDA-DISASTER-2023

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

• Dates: There are no submission deadlines. Applications will be accepted on an ongoing basis until the publication of a new Disaster Supplemental NOFO, cancellation of this Disaster Supplemental 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 under the EAA program include a(n): (i) District Organization of an EDA-designated Economic Development District (EDD); (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 help communities and regions devise and implement long-term economic recovery strategies through a variety of non-construction and construction projects, as appropriate, to address economic challenges in areas where a Presidential declaration of a major disaster was issued under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5121 et seq.) (Stafford Act) “as a result of Hurricanes Ian and Fiona, and of wildfires, flooding, and other natural disasters occurring in calendar years 2021 and 2022….”

FULL ANNOUNCEMENT TEXT

FY 2023 EDA Disaster Supplemental Notice of Funding Opportunity

A. Program Description

1. Overview and Program Information

2. EDA Investment Priorities

3. Statutory Authorities for EDA’s Programs

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 Counties Based on Disaster Declarations

3. Cost Sharing or Matching

D. Application Submission Information

1. Obtaining an Application and Electronic Submission through EDGE

2. Content and Form of Application Submission

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. Due Diligence

4. Grants Officer’s Decision

5. Review of Responsibility/Qualification Information in SAM.gov

F. Federal Award Administration Information

1. Federal Award Notification

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

A. Program Description

1. Overview and Program Information

EDA’s mission is to lead the Federal economic development agenda by promoting innovation and competitiveness, and preparing American regions for growth and success in the worldwide economy.

Through this Disaster Supplemental NOFO, EDA will award investments in regions experiencing severe economic distress or other economic harm resulting from Hurricanes Ian and Fiona, and of wildfires, flooding, and other natural disasters occurring in calendar years 2021 and 2022. 1 Under this announcement, EDA solicits applications under the authority of its Economic Adjustment Assistance (EAA) program. The EAA program is intended to be flexible and responsive to the economic development needs and priorities of local and regional stakeholders, including those seeking assistance recovering from Federally declared disasters. 2

EAA funds can be awarded to assist a wide variety of activities related to disaster recovery, including economic recovery strategic planning grants, and public works construction assistance. It is a flexible resource that responds adaptively to pressing economic issues and is well-suited to help address challenges faced by regions recovering from natural disasters. Examples of projects that EDA can support through this program include, but are not limited to:

• construction or upgrading of public infrastructure, including broadband infrastructure;

• workforce development, including the 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, including capacity building;

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

• 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 economic development 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.

EDA recognizes that urgent infrastructure rebuilding needs exist throughout disaster impacted regions.

In EDA’s experience with post-disaster recovery, the most effective rebuilding efforts are based on long-term regional development or redevelopment strategies that leverage Federal funding in coordination

1 Note that this does not include COVID-19 disaster declarations.

2 See 42 U.S.C. §§ 3149(c)(2), 3233.

with state, local and private sector resources. For this reason, EDA encourages the submission of applications based on long-term, regionally oriented, coordinated and collaborative economic development or redevelopment strategies that foster economic growth and resilience. EDA will regard applications that are substantively supported by such strategies as more competitive, while applications for rebuilding damaged infrastructure that are not demonstrably supported by or otherwise related to a long-term plan for economic growth and resilience will not be considered competitive.

In addition to implementation projects, applicants may also seek funding in the form of a “strategy grant” to develop, update, or refine a Comprehensive Economic Development Strategy (CEDS) that alleviates long-term economic deterioration or a sudden and severe economic dislocation, as described in EDA’s regulations at 13 C.F.R. § 307.3. 3 Depending on the needs of a region, Applicants may be eligible for an initial strategy grant and a subsequent implementation grant. For the purposes of this Disaster Supplemental NOFO, non-construction strategy grants may include the otherwise ineligible areas, due to not receiving a major disaster designation under the Stafford Act in calendar year 2021/2022, of an Economic Development District (EDD) when a majority of the counties of a defined region, such as an EDD, are otherwise eligible under this Disaster Supplemental NOFO. EDA will consider applications submitted by eligible applicants located in or acting on behalf of the disaster-affected regions, including one or more institutions of higher education; one or more States, cities or other units of local government; and economic development organizations, including but not limited to regional multi-jurisdictional District Organizations and public or private non-profit organizations working in cooperation with private for-profit organizations, local businesses, and industry leaders.

Prospective applicants should note that Section C of this Disaster Supplemental NOFO sets out eligibility criteria for applications seeking funding for disaster recovery assistance. 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 of this announcement. Further, EDA will give priority to applications that propose or reflect sound resilience planning for disasters and are ready for implementation of that plan.

As noted above, this Disaster Supplemental NOFO will support disaster economic recovery activities that address the impacts of Hurricanes Ian and Fiona, and of wildfires, flooding, and other natural disasters occurring in calendar years 2021 and 2022. For all other EDA program and investment opportunities, please review https://www.grants.gov (Grants.gov) or visit https://www.eda.gov/funding/funding-opportunities.

EDA may make changes or additions or cancel the Disaster Supplemental NOFO at any time. All changes will be communicated via Grants.gov.

a. Resiliency

To be competitive, applications must clearly incorporate principles for enhancing the resilience of the relevant community/region or demonstrate the integration of resilience principles into the investment project itself. Resilience is an essential component of any strategy for mitigating the potential for future

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

307.3 of EDA’s regulations describes the differences between an EAA implementation grant and an EAA strategy grant. See also 42 U.S.C. § 3149(b)(2) (EAA planning project is not required to be carried out in an area with a CEDS or be consistent with an existing CEDS).

https://www.grants.gov/ https://www.eda.gov/funding/funding-opportunities https://www.eda.gov/funding/funding-opportunities disaster-related losses and adverse economic impacts for communities. Therefore, inclusion of resilience principles in the project is a necessary step to improve the capacity of the region to recover more quickly from future disaster events.

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). This may include spurring economic and job creation opportunities in industries that help communities recover from disasters, become more climate resilient, and assist the transition to a lower carbon future.

• 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.

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

• Comprehensive vulnerability assessments to identify disaster and climate risks to economic assets, infrastructure, businesses, and industrial sectors, and planning, design, and construction projects to reduce these risks.

• Capacity building measures including disaster recovery/resiliency coordinators.

• Planning and design efforts that support voluntary placement of industrial parks and critical economic development infrastructure in more resilient locations.

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, elevation, 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 the Federal

Emergency Management Agency (FEMA), and other federal agencies, as well as applicant-level resources and centers of expertise, in drawing up their applications. 4

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. Resilience includes assessing and addressing current and future risks to major industries, economic development infrastructure, business districts, and the workforce, and assisting the transition to economic opportunities that foster climate resilience and low-carbon alternatives.

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.

b. Comprehensive Economic Development Strategy (CEDS)

Except for a strategy grant as described above, each project funded under EAA must be consistent with the region’s current CEDS, or if a CEDS does not exist, an equivalent EDA-accepted regional economic development strategy meeting EDA’s CEDS or strategy requirements. Applicants must clearly detail how the proposed project will support the economic development needs and objectives outlined in the CEDS or equivalent strategy, and identify the CEDS or strategy and provide a copy of this planning document, either by attaching the document to the application, including the web link for the document. 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 accomplish the planned deliverables and outcomes. Where other Federal funding may be involved in the project, the applicant should provide the Federal program name and contact information with their application in order to facilitate interagency coordination and avoid duplication of resources.

c. Workforce Projects

To the extent that a project involves workforce development activities, both non-construction and construction, there are specific program objectives to consider.

4 FEMA Hazard Mitigation Plan Information is available at: https://www.fema.gov/emergency-managers/risk-management/hazard-mitigation-planning. The Federal Flood Risk Management Standard resource is available at:

https://www.fema.gov/floodplain-management/intergovernmental/federal-flood-risk-management-standard.

NOAA’s Climate Mapping for Resilience and Adaptation is available at: https://www.noaa.gov/news-release/biden-administration-launches-portal-to-help-communities-assess-exposure-to-climate-hazards. The AT&T, FEMA and DOE Argonne National Laboratory, Climate Risk and Resilience Portal is available at:

https://about.att.com/story/2022/fema-argonne-climrr.html. FEMA’s National Risk Index is available at:

https://www.fema.gov/flood-maps/products-tools/national-risk-index.

https://www.eda.gov/node/10701 https://www.fema.gov/emergency-managers/risk-management/hazard-mitigation-planning https://www.fema.gov/emergency-managers/risk-management/hazard-mitigation-planning https://www.fema.gov/floodplain-management/intergovernmental/federal-flood-risk-management-standard https://www.noaa.gov/news-release/biden-administration-launches-portal-to-help-communities-assess-exposure-to-climate-hazards https://www.noaa.gov/news-release/biden-administration-launches-portal-to-help-communities-assess-exposure-to-climate-hazards https://about.att.com/story/2022/fema-argonne-climrr.html https://www.fema.gov/flood-maps/products-tools/national-risk-index

Non-construction workforce projects eligible under this NOFO should support demand-driven sectoral partnerships that will support Americans in securing and retaining quality jobs, consistent with the Department of Commerce workforce principles. 5 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 job6 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; 7

• increase educational and workplace diversity, equity, accessibility, and inclusion, including through recruitment and retention efforts focused on underserved populations;

• 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

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

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

7 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.

https://www.commerce.gov/issues/workforce-development https://www.dol.gov/general/good-jobs/principles 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, Criteria.

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.

d. Equity

Consistent with Executive Order 13985, 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, Black, Latino, and Indigenous and Native American persons, Asian Americans, and Pacific Islanders 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.

Underserved and marginalized communities may be more vulnerable to the effects of natural disasters and climate change, and slower to recover.

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 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 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.

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

e. Puerto Rico

Given the unprecedented amount of federal funding flowing into Puerto Rico, the need to be coordinated across the archipelago and ensure that the most effective resiliency projects are selected, EDA expects Puerto Rico applications to identify how the proposed project fits in the greater landscape of funding activities occurring in Puerto Rico. Thus, either consistent with the CEDS requirement described above, or in lieu thereof, EDA expects Puerto Rico-related applications to reference a Puerto Rico-wide strategic planning document (such as “PRopósito,” available at:

https://ddec.pr.gov/proposito-en/ or “Transformation and Innovation in the Wake of Devastation: An Economic and Disaster Recovery Plan for Puerto Rico” available at:

https://www.rand.org/hsrd/hsoac/projects/puerto-rico-recovery.html) and describe how the proposed project fits within the parameters of the strategic planning document.

f. 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 functions (see 2 C.F.R. 200.444), 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.

2. EDA Investment Priorities

EDA’s Investment Priorities are:

1. Equity

2. Recovery & Resilience

3. Workforce Development

4. Manufacturing

5. Technology-Based Economic Development

6. Environmentally-Sustainable Development

7. Exports & Foreign Direct Investment

Under this NOFO, each project must be consistent with #2, Recovery & Resilience. Consistency with additional Investment Priorities may make a project more competitive. Further, for workforce development projects, incorporation of the principles found in section A.1.c. of this NOFO will make the project more competitive.

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.

https://ddec.pr.gov/proposito-en/ https://www.rand.org/hsrd/hsoac/projects/puerto-rico-recovery.html

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 disaster economic recovery activities is Section 703 of

PWEDA (42 U.S.C. § 3233).

Applicant eligibility and program requirements are set forth in EDA’s regulations (codified at 13 C.F.R.

Chapter III), and all applicants must address these requirements. EDA’s regulations are accessible at the U.S. Government Publishing Office (GPO) website at https://www.gpo.gov/fdsys/. Under “Browse,” select the Code of Federal Regulations, choose the most recent year, and scroll down to find Title 13, Chapter III.

4. 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. What Funding Is Available Under this Announcement?

Under the Disaster Relief Supplemental Appropriations Act, 2023 (Div. N of the Consolidated Appropriations Act, 2023, Pub. L. 117-328), Congress provided EDA with the following disaster-specific program appropriation to supplement its core FY23 appropriations:

Pursuant to section 703 of the Public Works and Economic Development Act (42 U.S.C. 3233), for an additional amount for ‘‘Economic Development Assistance Programs’’ for necessary expenses related to flood mitigation, disaster relief, long-term recovery, and restoration of infrastructure in areas that received a major disaster designation as a result of Hurricanes Ian and Fiona, and of wildfires, flooding, and other natural disasters occurring in calendar years 2021 and 2022 under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $500,000,000, to remain available until expended: Provided, That within the amount appropriated under this heading in this Act, up to 3 percent of funds may be transferred to the ‘‘Salaries and Expenses’’ account for administration and oversight activities: Provided further, That the Secretary of Commerce is authorized to appoint and fix the compensation of such temporary personnel as may be necessary to implement the requirements under this heading in this Act, without regard to the provisions of title 5, United States Code, governing appointments in competitive service: Provided further, That within the amount appropriated under this heading in this Act, $2,000,000 shall be transferred to the ‘‘Office of Inspector General’’ account for carrying out investigations and audits related to the funding provided under this heading in this Act.

Consistent with the above, EDA has allocated $483 million in EAA program funds under this Disaster Supplemental NOFO among its six Regional Offices that cover the applicable disaster areas, as described below in Section B.2 of this Disaster Supplemental 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.

https://www.gpo.gov/fdsys/

Publication of this announcement does not obligate DOC or EDA to award any specific grant or cooperative agreement or to obligate 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. Neither DOC nor EDA will be held responsible for application preparation costs. EDA plans on funding between 100 and 150 disaster recovery projects with this appropriation.

2. Initial EDA Regional Office Allocations

Applying a number of factors, including impact and distress, EDA has allocated the $483 million in disaster supplemental program funds among six Regional Offices as follows:

Atlanta Regional Office — $160,000,000 Austin Regional Office — $110,000,000 Chicago Regional Office — $18,000,000 Denver Regional Office — $57,000,000 Philadelphia Regional Office — $103,000,000 Seattle Regional Office — $35,000,000

Note: When appropriate, EDA may exercise its discretion to adjust the allocations to the Regional Offices based on its experience in administering disaster supplemental appropriations to ensure funds are used to maximum effect, or to adjust to unforeseen changes in recovery efforts. 8

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 to help support economic development project-based activities. EDA 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” (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. However, other possible examples of EDA’s “substantial involvement” 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 and monitoring during the project to ensure compliance with statutory requirements.

8 If EDA determines that an application is eligible for funding under another EDA NOFO (e.g., the Fiscal Year (FY) 2023 Public Works and Economic Adjustment Assistance NOFO), EDA may at its sole discretion transfer the application for processing from the original NOFO to another. EDA will document that the applicant is in compliance with the application requirements of the NOFO to which the application is transferred.

At EDA’s sole discretion, EDA may also jointly fund a project under more than one NOFO if a project meets the eligibility requirements of each respective NOFO at time of award. This may arise where a disaster impacts a project previously funded under a separate NOFO or where an area has been impacted by multiple disasters across several years. EDA will document the project’s eligibility under the respective NOFOs and that the applicant complied with the respective application requirements of all NOFOs under which funding is awarded.

Period of Performance: Under the EAA program, the project period of performance depends on the nature of the project for which the grant is awarded. Typically, disaster and economic recovery strategy grants may range in duration from 12 to 18 months with extensions considered on a case-by-case basis.

Implementation grants involving construction of project facilities and infrastructure generally are expected to range from 12 to 48 months. EDA will work closely with the 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 encourages applicants to clearly document how quickly they will be able to start and complete the proposed project scope of work.

C. Eligibility Information

1. Eligible Applicants

Eligible applicants for EDA EAA investment assistance include a(n):

a. District Organization;

b. Indian Tribe or a consortium of Indian Tribes;

c. State, 9 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;

d. Institution of higher education or a consortium of institutions of higher education; or

e. Public or private non-profit organization or association acting in cooperation with officials of a political subdivision of a State. 10

2. Eligible Counties Based on Disaster Declarations

The project of an eligible applicant must be able to meet area eligibility requirements to be considered for funding under this Disaster Supplemental NOFO. Such eligibility is predicated upon the project being located in or primarily serving one or more communities impacted by Hurricanes Ian and Fiona, and of wildfires, flooding, and other natural disasters occurring in calendar years 2021 and 2022.

More specifically, consistent with 13 C.F.R. parts 301 and 307, EDA will determine area eligibility pursuant to the applicable Federal disaster declaration under the Stafford Act, and the Federal Emergency Management Agency (FEMA) designation of areas as eligible for public assistance or individual assistance due to the declared disasters listed on FEMA’s website (www.fema.gov/disaster/).

For construction projects (including design and engineering), the project must be located within an eligible county. For non-construction projects, the project’s scope of work must primarily benefit eligible

9 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.

10 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.

http://www.fema.gov/disasters/ counties, and stakeholders representing those eligible counties must be directly engaged in the project. 11

3. Cost Sharing or Matching

a. EDA Investment Rate

Funds for this Disaster Supplemental NOFO must be used to carry out paragraph (c)(2) of Section 209 of PWEDA, which provides, in relevant part, that EAA assistance may be provided for activities identified by communities, the economies of which are injured by “disasters or emergencies, in areas with respect to which a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5121 et seq.), for post-disaster economic recovery.” Subsection

(b) of Section 703 of PWEDA provides that the Federal Share of the cost of activities funded with such amounts made available may be up to 100%, as described below.

Once applicant and area eligibility are established, EDA generally expects to fund up to 80% of the eligible costs of such assistance. However, EDA’s consideration of factors such as scale of the project, the extent of the impact of the relevant disaster on the region, total project cost, relative distress of the community, or geographic distribution of disaster funds, may cause EDA to fund projects at a grant rate that is lower than 80%. The remaining portion of the costs for the EDA scope of work must be borne by the recipient or provided to the recipient by a third party as a contribution for the purposes of and subject to the terms of the award. Further, in accordance with the agency’s statutory authority under Section 703 of PWEDA (42 U.S.C. § 3233), EDA may increase the investment rate up to a maximum of 100%. In determining whether to increase the Federal Share above 80%, EDA’s Grants Officer in the applicable Regional Office will consider on a case-by-case basis whether the circumstances of the proposed project warrant a Federal Share in excess of 80%, including whether the applicant has exhausted its effective taxing or borrowing capacity or meets other thresholds for elevated need based on the overall economic situation of the region. Additionally, EDA may establish a maximum investment rate of up to 100% for projects of Indian Tribes. The applicant is responsible for demonstrating to EDA that an enhanced grant rate is justified by providing statistics and other appropriate information on the nature and level of economic distress in the region, including information regarding other disaster-related needs facing the region and the level of resources available to address those needs.

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

11 See also 13 C.F.R. § 301.3(a).

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.

D. Application Submission Information

Please note that all submissions under this Disaster Supplemental NOFO are subject to EDA’s review process for EAA projects.

An applicant must submit a complete application, as detailed in Section D.2.a of this NOFO, to be considered for funding. EDA intends to review each application expeditiously after receiving 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 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, however, multiple points of contact may be registered or added by the applicant to the application workspace to view or work on completing the application. 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 Application Submission

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 format for attachments is Adobe portable document format (PDF);

however, EDA will accept electronic files in Microsoft Word, WordPerfect, or Microsoft Excel formats. All documentation and data submitted should be current and applicable as of the date submitted.

b. Required Documents

The following application forms must be submitted for all project types in addition to any other forms required for your specific project type:

• Form SF-424 (Application for Federal Assistance)

• Form ED-900 (General Application for EDA Programs)

• Budget Narrative

• Match Commitment Letter and supporting documentation (See section C.2.)

• Form CD-511 (Certification Regarding Lobbying)

ED-900 Information. Each section of the ED-900 must be filled out. Please also note the following additional instructions for the ED-900:

• Every project must discuss resiliency principles detailed in section A.1.a. above incorporated into the project in section B.2 of the ED-900.

• In section B.2, for construction projects only, explain whether and/or how the project will incorporate strong labor standards, including project labor agreements and community benefit agreements, that offer wages at or above the prevailing rate and include local hire provisions, and a description of the applicant’s workforce plans and practices, including the use of Registered Apprenticeships.

• If the project is a workforce project, in order to be competitive, the ED-900 must discuss in section B.2 its compliance with the workforce principles detailed in section A.1.c. above, including any plans to establish a Registered Apprenticeship program.

• In order to receive competitive consideration for inclusion of equity principles discussed in section A.1.d. above, the project must explain in section E.1 of the ED-900 the steps that you will take to ensure inclusive community engagement in the project, and that the economic benefits of the project will be shared by all communities in the project region, including any underserved communities such as women, Black, Latino, and Indigenous and Native American persons, Asian Americans, Pacific Islanders, or any underserved communities within geographies that have been systemically and/or systematically denied a full opportunity to participate in economic prosperity. Your explanation should address the communities affected, barriers those communities may face in accessing benefits of the project, contemplated outreach efforts, and other planned steps to address identified barriers, as appropriate.

If a project requires or anticipates the payment of federal funds to third parties (such as partners, consultants, vendors, and/or service providers), it is the applicant’s responsibility to determine whether a third party should be characterized as a subrecipient or a contractor. The characterization must be reflected in the terms of each agreement made with each third party. (See 2 C.F.R. § 200.1 for definitions of contract, contractor, subaward, and subrecipient; see also 2 C.F.R. § 200.331, Subrecipient and contractor determinations.)

All subawards must receive EDA prior approval. If selected for award, and before initial…