13 C.F.R. PART 303—PLANNING INVESTMENTS AND COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES
Title 13 - Business Credit and Assistance
Authority: 42 U.S.C. 3143; 42 U.S.C. 3162; 42 U.S.C. 3174; 42 U.S.C. 3211; Department of Commerce Organization Order 10–4.
Source: 70 FR 47019, Aug. 11, 2005, unless otherwise noted.
The purpose of EDA Planning Investments is to provide support to Planning Organizations for the development, implementation, revision or replacement of Comprehensive Economic Development Strategies (CEDS), related to short-term Planning Investments and State plans designed to create and retain higher-skill, higher-wage jobs, particularly for the unemployed and underemployed in the nation's most economically distressed Regions. EDA's Planning Investments support partnerships with Economic Development Districts, Indian Tribes, community development corporations, non-profit regional planning organizations and other Eligible Recipients. Planning activities supported by these Investments must be part of a continuous process involving the active participation of Private Sector Representatives, public officials and private citizens, and include: (a) Analyzing local economies; (b) Defining economic development goals; (c) Determining Project opportunities; and (d) Formulating and implementing an economic development program that includes systematic efforts to reduce unemployment and increase incomes. In addition to the defined terms set forth in §300.3 of this chapter, the following terms used in this part shall have the following meanings: Planning Investment means the award of EDA Investment Assistance under Section 203 of PWEDA and this part. Planning Organization means a Recipient whose purpose is to develop a CEDS for a specific EDA-approved Region under Section 203 of PWEDA. Strategy Committee means the committee or other entity identified by the Planning Organization as responsible for the development, implementation, revision or replacement of the CEDS for the Planning Organization. (a) For Planning Investment awards, EDA uses the general application evaluation criteria set forth in §301.8 of this chapter. In addition, EDA evaluates Planning Investment applications based on the following criteria: (1) Quality of the proposed scope of work for the development, implementation, revision or replacement of the CEDS, or the relation of the CEDS to the proposed short-term planning activities or the State plan; (2) Qualifications of the Eligible Applicant to implement the goals and objectives resulting from the CEDS, short-term planning activities or the State plan; (3) The involvement of the Region's business leadership at each stage of the preparation of the CEDS, short-term planning activities or State plan; (4) Extent of broad-based representation and involvement of the Region's civic, business, labor, minority and other interests in the Eligible Applicant's economic development activities; and (5) Feasibility of the proposed scope of work to create and retain higher-skill, higher-wage jobs during implementation of the CEDS. (b) In addition to the requirements of paragraph (a) of this section, funded Recipients are evaluated on the basis of the extent of continuing economic distress within the Region, their past performance, and the overall effectiveness of their CEDS. (c) For Planning Investment awards to a State, the Assistant Secretary shall also consider the extent to which the State will integrate and coordinate its CEDS with local and Economic Development District plans. (d) The Investment Rate for Planning Investments will be determined in accordance with §301.4 of this chapter. (a) Planning Investments shall function in conjunction with any other available federal, State or local planning assistance to ensure adequate and effective planning and economical use of funds. (b) Except in compelling circumstances as determined by the Assistant Secretary, EDA will not provide Planning Investments for multiple CEDS that address the needs of an identical or substantially similar Region. (c) EDA will provide Planning Investments for the period of time required to develop, revise, or replace, and implement a CEDS, generally not to exceed thirty-six (36) months. (a) General. In accordance with applicable federal cost principles and as set forth in this section, EDA Planning Investments may be used to pay the direct and indirect costs incurred by a Planning Organization in the development and implementation of a CEDS. (b) Direct costs. For purposes of this part, EDA Planning Investments may be used to pay costs of those activities directly attributable to a scope of work, as approved by EDA, for the purpose of developing and implementing a CEDS. (c) Indirect costs. Costs of the Planning Organization's operation, including utilities, rent, technical assistance to customers and clients (e.g., grant writing, planning assistance, other economic development assistance, training, travel expenses), and miscellaneous expenses (e.g., supplies, insurance, overhead), may be eligible for reimbursement, but only to the extent that such costs relate to the development and implementation of a CEDS, involving a proactive continuous planning process that addresses the economic opportunities and constraints of a Region. If EDA awards Investment Assistance to a Planning Organization to develop, revise or replace a CEDS, the Planning Organization must follow the procedures set forth in this section: (a) The Planning Organization must appoint a Strategy Committee. The Strategy Committee must represent the main economic interests of the Region and must include Private Sector Representatives as a majority of its membership. In addition, the Planning Organization should ensure that the Strategy Committee includes public officials, community leaders, representatives of workforce development boards, institutions of higher education, minority and labor groups, and private individuals. The Strategy Committee representing Indian Tribes or States may vary. (b) The Planning Organization must develop and submit to EDA a CEDS that: (1) Complies with the requirements of §303.7; and (2) Was made available for review and comment by the public for a period of at least thirty (30) days prior to submission to EDA. (c)(1) After obtaining EDA approval of the CEDS, the Planning Organization must submit annually an updated CEDS performance report to EDA. (2) The Planning Organization must submit a new or revised CEDS to EDA at least every five (5) years, unless EDA or the Planning Organization determines that a new or revised CEDS is required earlier due to changed circumstances. (3) Any updated CEDS performance report that results in a change of the requirements set forth in §303.7(b)(3) of the EDA-accepted CEDS or any new or revised CEDS, must be available for review and comment by the public in accordance with paragraph (b)(2) of this section. (d) If EDA determines that implementation of the CEDS is inadequate, it will notify the Planning Organization in writing and the Planning Organization shall submit to EDA a new or revised CEDS. (e) If any part of a Region is covered by one or more of the Regional Commissions as set forth in Section 404 of PWEDA, the Planning Organization shall ensure that a copy of the CEDS is provided to the Regional Commission(s). (a) General. CEDS are designed to bring together the public and private sectors in the creation of an economic roadmap to diversify and strengthen Regional economies. The CEDS should analyze the Regional economy and serve as a guide for establishing Regional goals and objectives, developing and implementing a Regional plan of action, identifying investment priorities and funding sources, and assigning lead organizations responsibilities for execution of the CEDS. Public and private sector partnerships are critical to the implementation of the integral elements of a CEDS set forth in paragraph (b) of this section. As a performance-based plan, the CEDS will serve a critical role in a Region's efforts to defend against economic dislocations due to global trade, competition and other events resulting in the loss of jobs and private investment. (b) Technical requirements. A CEDS must be the result of a continuing economic development planning process, developed with broad-based and diverse public and private sector participation, and shall contain the following: (1) A background of the economic development situation of the Region with a discussion of the economy, population, geography, workforce development and use, transportation access, resources, environment and other pertinent information; (2) An in-depth analysis of economic and community development problems and opportunities, including: (i) Incorporation of relevant material from other government-sponsored or supported plans and consistency with applicable State and local workforce investment strategies; and (ii) An identification of past, present and projected future economic development investments in the Region covered; (3) A section setting forth goals and objectives necessary to solve the economic development problems of the Region; (4) A discussion of community and private sector participation in the CEDS effort; (5) A section listing all suggested Projects and the projected numbers of jobs to be created as a result thereof; (6) A section identifying and prioritizing vital Projects, programs and activities that address the Region's greatest needs or that will best enhance the Region's competitiveness, including sources of funding for past and potential future Investments; (7) A section identifying economic clusters that are growing or in decline within the Region; (8) A plan of action to implement the goals and objectives of the CEDS, including: (i) Promoting economic development and opportunity; (ii) Fostering effective transportation access; (iii) Enhancing and protecting the environment; (iv) Maximizing effective development and use of the workforce consistent with any applicable State or local workforce investment strategy; (v) Promoting the use of technology in economic development, including access to high-speed telecommunications; (vi) Balancing resources through sound management of physical development; and (vii) Obtaining and utilizing adequate funds and other resources; and (9) A list of performance measures used to evaluate the Planning Organization's successful development and implementation of the CEDS, including but not limited to the following: (i) Number of jobs created after implementation of the CEDS; (ii) Number and types of investments undertaken in the Region; (iii) Number of jobs retained in the Region; (iv) Amount of private sector investment in the Region after implementation of the CEDS; and (v) Changes in the economic environment of the Region; and (10) A section outlining the methodology for cooperating and integrating the CEDS with a State's economic priorities. (c) Consideration of non-EDA funded CEDS. (1) In determining the acceptability of a CEDS prepared independently of EDA Investment Assistance or oversight for Projects under parts 305 and 307 of this chapter, EDA may in its discretion determine that the CEDS is acceptable without fulfilling all the requirements of paragraph (b) of this section. In doing so, EDA shall consider the circumstances surrounding the application for Investment Assistance, including emergencies or natural disasters and the fulfillment of the requirements of Section 302 of PWEDA. (2) If the CEDS for a Project under parts 305 and 307 of this chapter is developed under another federally-supported program, it must include acceptable performance measures similar to those set forth in paragraph (b) of this section and information on the state of the Regional economy. To the maximum extent practicable, the CEDS shall be consistent and coordinated with any existing economic development plan for the Region. (a) As a condition of a State receiving a Planning Investment: (1) The State must have or develop a CEDS that meets the requirements of §303.7; (2) Any State plan developed with Planning Investment Assistance must, to the maximum extent practicable, be developed cooperatively by the State, political subdivisions of the State, and the Economic Development Districts located wholly or partially in the State; and (3) The State must submit to EDA an annual report on any State plan receiving Planning Investment Assistance. (b) Before awarding a Planning Investment to a State, EDA shall consider the extent to which the State will take into account local and District economic development plans. (a) In addition to providing support for CEDS and State plans, EDA may also provide Investment Assistance to support short-term planning activities. EDA may provide such Investment Assistance to: (1) Develop the economic development planning capacity of States, cities and other Eligible Applicants experiencing economic distress; (2) Assist in institutional capacity building; or (3) Undertake innovative approaches to economic development. (b) Eligible activities may include but are not limited to updating a portion of a CEDS, economic analysis, development of economic development policies and procedures, and development of economic development goals. (c) Applicants for short-term Planning Investments must provide performance measures acceptable to EDA that can be used to evaluate the success of the program and provide EDA with program reports during the term of the Planning Investment, as set forth in the Investment agreement.
Title 13: Business Credit and Assistance
PART 303—PLANNING INVESTMENTS AND COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES
Section Contents
§ 303.1 Purpose and scope.
§ 303.2 Definitions.
§ 303.3 Application requirements.
§ 303.4 Award requirements.
§ 303.5 Eligible administrative expenses.
§ 303.6 EDA-funded CEDS process.
§ 303.7 Requirements for Comprehensive Economic Development Strategies.
§ 303.8 Requirements for State plans.
§ 303.9 Requirements for short-term Planning Investments.
§ 303.1 Purpose and scope.
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§ 303.2 Definitions.
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§ 303.3 Application requirements.
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§ 303.4 Award requirements.
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§ 303.5 Eligible administrative expenses.
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§ 303.6 EDA-funded CEDS process.
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§ 303.7 Requirements for Comprehensive Economic Development Strategies.
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§ 303.8 Requirements for State plans.
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§ 303.9 Requirements for short-term Planning Investments.
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