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not approved by SBA, from the project such accounts for each project (in acor this agreement then the amount of the cordance with generally accepted acgrant then paid may be recovered by counting practices) as are necessary to SBA.

permit it to prepare the required finan(c) Establishing the amount of a cial reports as required in paragraph (g) grant. In considering the budget for a

of this section, and to make possible a grant, SBA will recognize that substan

determination by SBA that the grant has tial contributions may be made by the

been used for the purposes for which the grantee in such form as space, equip- grant was made. All accounting records ADN ment, library facilities, and, in many

relating to expenditures under the grant cases, as payment of the salaries or parts of the salaries of the Project Director and

are subject to inspection and audit by staff. SBA normally will include in the

representatives of SBA and the United grant, funds for such items as the sal

States General Accounting Office during aries of personnel, materials, necessary

the life of the grant and for three years travel, publication and other direct costs. thereafter. (d) Grant period. The Act limits SBA

(g) Reports. (1) Progress and finanto making one grant within any one

cial reports must be made to SBA on

work financed by the grant. Specific States in any one year; however, the

conditions regarding frequency of subproject does not have to be completed

mission and nature of reports will be set within the year but may be for a period

forth in each grant agreement.

e Red of longer duration as provided in the

(2) The final report on the project grant agreement. When progress of re

must be submitted to SBA within the search under the grant is delayed and

time allowed. From time to time, SBA circumstances make it necessary to re

representatives may visit the project quest an extension of the grant period sites and, at such time, verbal reports without additional funds, SBA may, upon will be expected. written request of the grantee, permit

& 128.7-10 Revocation of a grant. extensions in time. Such an extension,

Each grant will be made subject to a however, may require a spread out of the

condition that it may be revoked in remaining payments under the grant.

whole or in part. A revocation shall not (e) Payment of a grant. In general,

affect any commitment of funds made by payment will be made in advance to the

the grantee which was made in accordgrantee only, based on the estimated re

ance with the project prior to the effecquirements for the subsequent six month

tive date of revocation. Any substantial period, up to 90 per cent of the grant,

deviation from the project not approved and the balance upon completion of the

by SBA will be deemed to be a breach of project and approval and acceptance by

the grant agreement and grounds for SBA of the final report.

termination of the grant in its entirety. (f) Accounting procedures and audit. In this event SBA assumes no responsiWhile no particular classification of

bility for any commitment of funds accounts is required, a grantee shall keep

made by the grantee.

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31F

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CHAPTER 111-ECONOMIC DEVELOPMENT ADMINISTRATION, DEPARTMENT OF COMMERCE 1

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Note: The Area Redevelopment Act expired on August 31, 1965 and the Economic Development Administration succeeded to, among other things, certain responsibilities of the Area Redevelopment Administration, including liquidation thereof.

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Part
301 Establishment and organization.
302 Designation of areas.
303 Economic Development District Program.
305 Grants, loans, and guarantees.
306 Technical assistance, planning and administrative grants-in-aid, and re-

search.
307 Regional action planning commissions.

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131 F.R. 8, Jan. 4, 1966.

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Subpart B-Functions and Programs 301.10 Direct and supplementary grants for

public works and development facilities under the Public Works and Economic Development Act of

1965. 301.11 Loans for public works and develop

ment facilities. 301.12 Loans for industrial and commercial

projects. 301.13 Guarantees for working capital loans. 301.14 Technical assistance. 301.15 Grants-in-aid for planning and ad

ministrative expenses. 301.16 Long-range study, training, and re

search, 301.17 Information.

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Subpart C-Description of Organization 301.30 Washington office. 301.31 Economic Development Area Offices:

Locations. 301.32 Assistant Secretary. 301.33 Deputy Assistant Secretary. 301.34 Deputy Assistant Secretary for Pol

icy Coordination. 301.35 Deputy Assistant Secretary for Eco

nomic Development Planning. 301.36 Deputy Assistant Secretary for Eco

nomic Operations. 301.37 Office of Program Plans and Analysis. 301.38 Office of Economic Research. 301.39 Office of the Chief Counsel. 301.40 Office of Public Affairs. 301.41 Office of Congressional Relations. 301.42 Office of Equal Opportunity. 301.43 Office of Administration. 301.44 Economic Development Area Offices:

Functions.

AUTHORITY: 1 The provisions of this part 301 issued under sec. 501, 65 Stat. 290, secs. 214, 302, 701, 79 Stat. 17, 19, 570, 81 Stat. 54; 31 U.S.C. 483a, 40 U.S.C. App. A 214, 302, 42 U.S.C. 3211, 5 U.S.C. 552, Dept. of Commerce Orders 5A, 64, 31 F.R. 16728, 32 F.R. 9734.

Subpart A-Introduction SOURCE: The provisions this Subpart A appear at 31 F.R. 11287, Aug. 26, 1966, unless otherwise noted. $ 301.1 Creation.

The Economic Development Administration was created by order of the Department of Commerce pursuant to the authority vested in the Secretary of Commerce by the Public Works and Economic Development Act of 1965 (P.L. 89–136, Aug. 26, 1965; 79 Stat. 552, 42 U.S.C. 3121). The authority delegated by the Secretary to the Economic Development Administration is vested in the Assistant Secretary for Economic Development. The Secretary has also delegated certain functions under the Appalachian Regional Development Act of 1965 (P.L. 89-4, Mar. 9, 1965; 79 Stat. 5, 40 U.S.C. App. A2) to the Economic Development Administration, 131 F.R. 16669, Dec. 30, 1966) $ 301.2 Definitions.

(a) Act. “Act” when used without further designation means the Public Works and Economic Development Act of 1965, cited in § 301.1.

(b) Administration. "Administration” when used without further designation means the Economic Development Administration.

(c) Advisory Committee. "Advisory Committee" when used without further designation means the Advisory Committee on Regional Economic Development appointed by the Secretary in accordance with section 602 of the Act.

(d) Area, “Area" when used without further designation means a geographic area which is being proposed or considered for designation by the Assistant Secretary under the Act and generally refers to a county, a “labor area" (as defined by the Secretary of Labor), or a municipality with a population of over 250,000, whichever the Assistant Secretary may determine to be appropriate.

(e) Assistant Secretary. “Assistant Secretary” when used without further designation means the Assistant Secre

furthe Devel insti States as set

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Subpart D (Reserved)

Subpart E-General Rules 301.50 Relocation and expansion. 301.51 Excess capacity. 301.52 Applicable labor standards. 301.53 Nondiscrimination. 301.54 Records and audit. 301.55 Penalties. 301.56 Assignment or sale at public or pri

vate sale. 301.57 Employment of expediters and ad

ministrative employees. 301.58 Employment of local labor. 301.59 Facilities for electricity and gas. 301.60 Sewer facilities. 301.61 Preapproval construction. 301.62 Record of application. 301.63

Disclosure of information to the

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132 F.R. 10836, July 25, 1967.

public.

assist

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tary of Commerce for Economic Development.

f) Center. "Center" when used without further designation means any economic development center or redevelopment center designated by the Assistant Secretary under section 403 of the Act. (See "Economic development center" below.)

(g) Designated area. “Designated area” when used without further designation means any area or center which has been designated by the Assistant Secretary under sections 102, 401, or 403 of the Act as eligible to apply for financial assistance.

(h) Designation. "Designation” as used in this chapter generally refers to the act of the Assistant Secretary in designating a geographic area, district, economic development center, or region as eligible to apply for Federal assistance under the Act. It may also refer to the status of an area, district, center, or region so designated. (See "Designated area" above.)

(1) District. See “Economic development district" below.

(j) EDA. "EDA” when used without further designation means the Economic Development Administration, a pri ary constituent organization of the United States Department of Commerce, created as set forth in § 301.1 above.

(k) Economic development center. “Economic development center" when used without further designation means any geographic area within the United States having a population of 250,000 or less which has been identified as an economic development center in an approved district overall economic development program and which has been specifically designated by the Assistant Secretary as such and as eligible to apply for financial assistance under section 403 of the Act.

(1) Economic development district. “Economic development district” when used without further designation means any area within the United States composed of at least two cooperating redevelopment areas and, where appropriate, designated economic development centers or neighboring counties or communities, which has been designated by the Assistant Secretary as an economic development district.

(m) Eligible area. See “Designated area” above.

(n) Financial assistance. “Financial assistance” when used without further

designation means loan or grant assistance from the Administration in accordance with sections 101, 201, or 202 of the Act.

(0) Local government. “Local government” when used without further designation means any municipality, county, town, parish, or other general purpose political subdivision of a State or territory.

(p) OEDP. “OEDP” when used without further designation means an Overall Economic Development Program (or, plan of action) pertaining to an area, district, or region. Approval of an OEDP by the Assistant Secretary is a prerequisite for designation.

(q) Qualified (or, qualifying) area. “Qualified area" when used without further designation means an area which is qualified under the statistical or related criteria of the Act for designation as a “redevelopment area" or "Title I area,” subject to the other provisions of the Act. Qualification is a prerequisite for designation.

(r) Redevelopment area. “Redevelopment area” when used without further designation means any area which has been designated by the Assistant Secretary as a redevelopment area under section 401 of the Act.

(s) Redevelopment center. “Redevelopment center" when used without further designation means any geographic area constituting all or part of a redevelopment area which has been identified in an approved district overall economic development program as having sufficient size and potential to foster the economic growth activities necessary to alleviate the distress of the redevelopment reas composing the district.

(t) Region. “Region” when used without further designation means an economic development region designated by the Secretary of Commerce with the concurrence of the States concerned, pursuant to Title V of the Act.

(u) Secretary. "Secretary” when used in this chapter without further designation means the Secretary of Commerce, the Assistant Secretary for Economic Development when exercising authorities delegated by the Secretary of Commerce in Department Order 5-A, or any person duly authorized to act for the Secretary of Commerce in his name or stead.

(v) Title I area. “Title I area" when used without further designation means any area which has been designated by

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the Assistant Secretary under section 102 portunities for permanent employment of the Act.

or the alleviation of poverty, and that [31 F.R. 16670, Dec. 30, 1966, as amended at there is reasonable expectation of re32 F.R. 10365, July 14, 1967]

payment. $ 301.3 Purpose.

& 301.12 Loans for industrial and comThe purpose of the Public Works and

mercial projects. Economic Development Act of 1965 and Loans up to a maximum of 65 percent the administration thereof is to establish of the aggregate cost of a project (as an effective program of Federal financial determined by the Assistant Secretary) assistance in order to create long-term are authorized for industrial and comemployment opportunities and to benefit mercial purposes in redevelopment areas the long-term unemployed and members and centers, but not in Title I areas. It of low-income families, or otherwise to must be established that the funds sought further the objectives of the Economic are not otherwise available on terms Opportunity Act of 1964, in economically which will permit the accomplishment distressed communities, areas, districts, of the project within the designated area and regions of the United States through and that the project will make a subeconomic planning, public works, indus- stantial contribution to opportunities trial and commercial loans, planning for permanent employment. grants, and technical assistance.

8 301.13 Guarantees for working capital Subpart B— Functions and Programs

loans. SOURCE: The provisions of this Subpart The Assistant Secretary may guarantee B appear at 31 F.R. 11288, Aug. 26, 1966; 31

loans for working capital made to private F.R. 16670, Dec. 30, 1966, unless otherwise borrowers by private lending institutions noted.

for projects assisted under $ 301.12. $ 301.10 Direct and supplementary

Such guarantees may not exceed 90 pergrants for public works and devel.

cent of the outstanding unpaid balance opment facilities under the Public

of the working capital loan. Works and Economic Development

§ 301.14. Technical assistance. Act of 1965.

The Assistant Secretary may provide Public works, public service, and devel

technical assistance, including project opment facility projects which directly

planning and feasibility studies, manor indirectly. contribute to long-range

agement and operational assistance, and economic growth or benefit long-term

studies evaluating an area's needs and unemployed and members of low-income

potentialities for economic growth, to families in designated areas are eligible

redevelopment areas and other areas for direct grants not exceeding 50 percent

which he finds have substantial need for of the aggregate cost of the project as

such assistance. Technical assistance determined by the Assistant Secretary.

may be provided by the Administration Such projects in severely distressed

staff, by other Federal departments or areas may receive supplementary grants

agencies on a reimbursable basis, by into augment basic grants received under

dividuals, firms, or institutions under this Act or under other Federal grant-in

contract with the Assistant Secretary, or aid programs, provided the total Federal

by grants-in-aid to appropriate public financial assistance for any project does

or nonprofit organizations. The Assistnot exceed 80 percent of the aggregate

ant Secretary is authorized to require

repayment of technical assistance, when Loans for public works and de

appropriate, and to set the terms and velopment facilities.

conditions of such repayment. Loans are authorized for public works,

$ 301.15 Grants-in-aid for planning and public service, and development facility

administrative expenses. projects in redevelopment areas and cen

The Assistant Secretary may provide

It must be ters, but not in Title I areas.

grants-in-aid to defray up to 75 percent established that the funds requested for

of the allowable administrative expenses any such project are not otherwise avail

of appropriate State, area, district, or able on terms which will permit the ac

local public or private nonprofit ecocomplishment of the project within the

nomic planning organizations. To asdesignated area, that the project will

sure adequate and effective planning and make a substantial contribution to op

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project cost. $ 301.11

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