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301.59

301.60 301.61

301.62 301.63

Facilities for electricity and gas.
Sewer facilities.

Preapproval construction.
Record of application.

Disclosure of information to the
public.

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 of this Subpart A appear at 31 F.R. 11287, Aug. 26, 1966, unless otherwise noted.

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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.

[31 F.R. 16669, Dec. 30, 1966]

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(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 Secretary 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.

"Designation" as

(h) Designation. 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 primary 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 ap

proved 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.

district.

(1) Economic development "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 areas 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 the Assistant Secretary under section 102 of the Act.

[31 F.R. 16670, Dec. 30, 1966, as amended at 32 F.R. 10365, July 14, 1967]

§ 301.3 Purpose.

The purpose of the Public Works and Economic Development Act of 1965 and the administration thereof is to establish an effective program of Federal financial assistance in order to create long-term employment opportunities and to benefit the long-term unemployed and members of low-income families, or otherwise to further the objectives of the Economic Opportunity Act of 1964, in economically distressed communities, areas, districts, and regions of the United States through economic planning, public works, industrial and commercial loans, planning grants, and technical assistance.

Subpart B-Functions and Programs

SOURCE: The provisions of this Subpart B appear at 31 F.R. 11288, Aug. 26, 1966; 31 F.R. 16670, Dec. 30, 1966, unless otherwise noted.

§ 301.10 Direct and supplementary grants for public works and development facilities under the Public Works and Economic Development Act of 1965.

Public works, public service, and development facility projects which directly or indirectly contribute to long-range economic growth or benefit long-term unemployed and members of low-income families in designated areas are eligible for direct grants not exceeding 50 percent of the aggregate cost of the project as

determined by the Assistant Secretary. Such projects in severely distressed areas may receive supplementary grants to augment basic grants received under this Act or under other Federal grant-inaid programs, provided the total Federal financial assistance for any project does not exceed 80 percent of the aggregate project cost.

§ 301.11 Loans for public works and development facilities.

Loans are authorized for public works, public service, and development facility projects in redevelopment areas and centers, but not in Title I areas. It must be established that the funds requested for any such project are not otherwise available on terms which will permit the accomplishment of the project within the designated area, that the project will make a substantial contribution to opportunities for permanent employment or the alleviation of poverty, and that there is reasonable expectation of repayment.

§ 301.12

Loans for industrial and commercial projects.

Loans up to a maximum of 65 percent of the aggregate cost of a project (as determined by the Assistant Secretary) are authorized for industrial and commercial purposes in redevelopment areas and centers, but not in Title I areas. It must be established that the funds sought are not otherwise available on terms which will permit the accomplishment of the project within the designated area and that the project will make a substantial contribution to opportunities for permanent employment. § 301.13

Guarantees for working capital

loans. The Assistant Secretary may guarantee loans for working capital made to private borrowers by private lending institutions for projects assisted under § 301.12. Such guarantees may not exceed 90 percent of the outstanding unpaid balance of the working capital loan.

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redevelopment areas and other areas which he finds have substantial need for such assistance. Technical assistance may be provided by the Administration staff, by other Federal departments or agencies on a reimbursable basis, by individuals, firms, or institutions under contract with the Assistant Secretary, or by grants-in-aid to appropriate public or nonprofit organizations. The Assistant Secretary is authorized to require repayment of technical assistance, when appropriate, and to set the terms and conditions of such repayment.

§ 301.15

Grants-in-aid for planning and administrative expenses.

The Assistant Secretary may provide grants-in-aid to defray up to 75 percent of the allowable administrative expenses of appropriate State, area, district, or local public or private nonprofit economic planning organizations. To assure adequate and effective planning and economical use of funds, these grantsin-aid must, where practicable, be used in conjunction with other available Federal planning assistance, such as urban planning grants authorized under the Housing Act of 1954, as amended, and highway planning and research grants authorized under the Federal Aid Highway Act of 1962.

§ 301.16 Long-range study, training, and research.

The Assistant Secretary is authorized to establish and conduct a continuing program of study, training, and research to (a) assist in determining the causes of unemployment, underemployment, underdevelopment, and chronic economic depression in the various areas of the Nation; (b) assist in the formulation and implementation of national, State, and local programs which will raise income levels and otherwise produce solutions to the problems resulting from these conditions; and (c) assist in providing the personnel needed to conduct such programs. This program may be carried out by the Administration staff, by other Federal departments and agencies on a reimbursable basis, by others under contract with the Assistant Secretary, through grants authorized by the Act, or through conferences and similar meetings. The results of such research may be made available to interested individuals, and organizations.

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The Assistant Secretary is authorized to aid redevelopment areas and other areas by furnishing to individuals, communities, industries, and enterprises technical information, market research, and other forms of assistance, information, and advice which would be useful in alleviating or preventing conditions of excessive unemployment or underemployment within such areas.

Subpart C-Description of
Organization

SOURCE: The provisions of this Subpart C appear at 31 F.R. 16670, Dec. 30, 1966; 32 F.R. 10836, July 25, 1967, unless otherwise noted. § 301.30 Washington office.

The central and principal office of the Economic Development Administration is in the Department of Commerce, 15th Street at Constitution Avenue NW., Washington, D.C. 20230.

§ 301.31 Economic Development Area Offices: Locations.

(a) North Eastern. Sheraton-Eastland Motor Hotel, 157 High Street, Portland, Maine. Serving Connecticut, Maine, Massachusetts, New Hampshire, New York, Rhode Island, and Vermont.

(b) Mid Atlantic. Veterans Administration Building, 19 North Maine Street, Wilkes-Barre, Pa. Serving Delaware, Maryland, New Jersey, Pennsylvania, Puerto Rico, and the Virgin Islands.

(c) Mid Eastern. Chafin Building, 517 Ninth Street, Huntington, W. Va. Serving Kentucky, North Carolina, Ohio, Virginia, and West Virginia.

(d) South Eastern. Acuff Building, 904 Bob Wallace Avenue, Huntsville, Ala. Serving: Alabama, Florida, Georgia, Mississippi, South Carolina, and Tennessee.

(e) North Central. 505 Sellwood Building, 200 West Superior Street, Duluth, Minn. Serving: Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, and Wisconsin.

(f) South Western. 314 West 11th Street, Austin, Tex. Serving: Arizona, Arkansas, Colorado, Kansas, Louisiana, New Mexico, Oklahoma, Texas, and Utah.

(g) Western. Queen Anne Post Office Station, First and Republic Streets,

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(a) The Economic Development Administration is headed by the Assistant Secretary for Economic Development, who directs the programs and is responsible for the conduct of all activities of the Administration subject to the policies and directives prescribed by the Secretary of Commerce.

(b) He will assist the Secretary in the general supervision and coordination of the Federal Cochairmen and in effecting a resolution of policy questions between the Regional Commissions, their Federal Cochairmen, the Federal Development Committees, and other Federal agencies. [32 F.R. 10365, July 14, 1967]

§ 301.33 Deputy Assistant Secretary.

The Deputy Assistant Secretary directs and coordinates the Area Offices, assists the Assistant Secretary in all matters affecting the Economic Development Administration, and performs the duties of the Assistant Secretary during the latter's absence.

§ 301.34

Deputy Assistant Secretary for Policy Coordination.

The Deputy Assistant Secretary for Policy Coordination is the principal advisor to the Assistant Secretary on matters of policy coordination. He provides staff support and, when necessary, represents the Administration on all interagency committees; establishes and maintains liaison with national organizations, international organizations, State and local governments, and Regional Commissions, subject to the principal liaison responsibilities with respect to Regional Commissions and other program responsibilities vested in the Deputy Assistant Secretary for Economic Development Planning; serves as Executive Secretary and provides staff support for the National Advisory Committee on Regional Economic Development; acts as Executive Secretary and provides staff support for any interagency Regional Policy Committee which may be formed; recommends policy and procedures to assure a more effective relationship between Federal, regional, State, sub-State, and local programs and plans;

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participates in continuing review of the Administration's program and proposes modification where necessary.

§ 301.35 Deputy Assistant Secretary for Economic Development Planning.

The Deputy Assistant Secretary for Economic Development Planning is the principal advisor to the Assistant Secretary on matters of development planning. Through offices reporting to him, he coordinates and directs economic development planning for regions, districts (including economic development centers), redevelopment areas, and other areas of substantial need; formulates and recommends to the Assistant Secretary standards and criteria for administration of economic development planning by Area Offices; informs the Deputy Assistant Secretary for Policy Coordination of significant developments and problems affecting interagency and intergovernmental development planning for regions, districts, and areas; maintains an information system to support development planning in regions, districts, and redevelopment areas; and to support program evaluation, budget planning and reporting, and administrative control of project applications and projects; maintains a central reference collection of economic development materials; designates economic development districts, economic development centers, redevelopment areas, and Title I areas which fulfill the statutory criteria; provides economic data, analyses, studies and, in coordination with the Deputy Assistant Secretary for Econòmic Development Operations, administrative funds to regional commissions, and planning grants to development districts and areas; recommends technical assistance proposals for areas, districts, and regions; provides a principal point of liaison with and support to the Federal Cochairmen and regional commissions. He also directs and supervises the Office of Regional Development Planning, Office of District and Area Planning, and Office of Planning Support.

[31 F.R. 16670, Dec. 30, 1966, as amended at 32 F.R. 10365, July 14, 1967]

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to physical projects which will improve local economies and supervise the execution of this aspect of the EDA program; recommends standards, policies, and criteria for the technical evaluation and processing of project applications for financial assistance, including public works grants and loans, business loans, technical assistance and supplementary Appalachian assistance grants; directs, conducts, coordinates, monitors, and where appropriate originates technical assistance projects (including management assistance and feasibility studies) subject to coordination with the Deputy Assistant Secretary for Economic Development Planning on proposed technical assistance projects related to area, district, center or regional planning; reviews and recommends approval or denial of project applications not within the final authority of the Area Offices; evaluates activities of the Area Offices in applying policies, standards, and procedures for processing project applications to assure efficient, effective, and economical accomplishment of approved projects; executes agreements with other Federal departments and agencies in consultation with the Deputy Assistant Secretary for Policy Coordination for the conduct of specialized technical assistance; studies and evaluates the needs of redevelopment areas for manpower training and development resulting from EDA programs, and recommends appropriate joint action with the Departments of Labor and Health, Education, and Welfare. He also supervises the Office of Public Works, Office of Business Development, and Office of Technical Assistance.

§ 301.37

Office of Program Plans and Analysis.

The Office of Program Plans and Analysis develops and implements measures of resource utilization for budgeting purposes and develops alternative and longrange plans; establishes and implements a Program Planning and Budgeting System by identifying objective-oriented program categories and developing a multiyear program budget for these categories; prepares the annual Program Memorandum required by the Bureau of the Budget; develops cost benefit studies to aid the Assistant Secretary in making choices and decisions, employing advanced techniques of operations research analysis, econometrics, and mathematical economics to determine the relative

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