[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Notices]
[Pages 32624-32625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16020]




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Part VIII





Department of Commerce





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Economic Development Administration



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Economic Development Assistance Program for Disaster Recovery 
Activities; Availability of Funds; Notice

Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / 
Notices

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DEPARTMENT OF COMMERCE

Economic Development Administration
[Docket No. 950302065-6177-04]
RIN 0610-ZA03


Economic Development Assistance Program for Disaster Recovery 
Activities; Availability of Funds

AGENCY: Economic Development Administration (EDA), Department of 
Commerce (DOC).

ACTION: Supplementary Notice.

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SUMMARY: Effective immediately, EDA announces the policies and the 
application procedures for funds available to support disaster recovery 
programs designed to assist affected states and local communities 
recover from the consequences of flooding in the Mid-Atlantic states of 
Maryland, New York, Pennsylvania, Virginia, West Virginia, and 
including Kentucky; in the Northwestern states of Idaho, Oregon and 
Washington; at Devils Lake in North Dakota; and for other disasters.
    EDA offers a variety of program tools to assist affected 
communities. The primary emphasis of EDA's program will be to assist 
flood-impacted areas with the development and implementation of 
strategies that are needed for post-disaster economic recovery of the 
area, including planning and technical assistance; the capitalization 
and recapitalization of Revolving Loan Funds; the construction of new 
and expanded infrastructure and development facilities required for 
economic development of the area; levee repairs; and other economic 
development programs designed to alleviate the economic distress of the 
areas.
    As a response to the flooding in the Northwestern states, EDA will 
consider requests for assistance through grants to nonfederal 
facilities for levee repairs which are within the U.S. Army Corps of 
Engineers (Corps) geographic area of responsibility (i.e., contributing 
drainage areas of 400 square miles or greater) and needed to protect 
critical public infrastructure as part of its economic recovery 
assistance program for the Northwest Floods.
    In carrying out its levee repair program, EDA will collaborate with 
the Corps to assure that the proposed levee repairs will meet all 
appropriate Corps criteria so that levees repaired under this Notice 
will be eligible in the future for participation in the Corps' 
emergency levee repair program that is authorized under Public Law 84-
99. The final decision as to whether a levee will be repaired under 
this Notice will be solely that of EDA.
DATES: This announcement is effective June 24, 1996. Funds shall remain 
available until expended.
ADDRESSES: To establish merits of project proposals, interested parties 
should contact the EDA regional offices or the appropriate Economic 
Development Representatives for the area (see listing in Appendix A).
FOR FURTHER INFORMATION CONTACT: See listing in Appendix A of this 
Notice.

SUPPLEMENTARY INFORMATION: Refer to the Notice published on June 11, 
1996, in the Federal Register (61 FR 29526) for information on EDA's 
general policies and other requirements.

Authority

    The authority for these programs is the Public Works and Economic 
Development Act of 1965, (Pub.L. 89-136, 42 USC 3121-3246h), as amended 
(PWEDA). The funds are provided from the Omnibus Consolidated 
Rescissions and Appropriations Act of 1996 (Pub. L. 104-134, Chapter 
6). Catalog of Federal Domestic Assistance (CFDA):
    The Special Economic Development and Adjustment Assistance 
Program--Long-Term Economic Deterioration (LTED) and Sudden and Severe 
Dislocation (SSED) are listed under CFDA 11.307 (13 CFR Part 308). 
Planning and Technical Assistance are listed under CFDA 11.302, 11.305 
and 11.303 (13 CFR Part 307, Subpart A; and 13 CFR Part 307, Subpart E 
and F).

Funding Availability

    Funds in the amount of $16.5 million are available for this 
disaster relief program and shall remain available until expended. 
Funds will be apportioned as follows: Mid-Atlantic and including 
Kentucky--$5.0 million; Northwest--$7.5 million; and Devils Lake--$4.0 
million.

Grant Rates

    Grant rates, as established by the Public Works and Economic 
Development Act of 1965, as amended (PWEDA) and its implementing 
regulations at 13 CFR chapter III, 61 FR 7979, March 1, 1996, as 
corrected in 61 FR 15371, April 8, 1996, and its interim-final rule at 
60 FR 49670, September 26, 1996, may vary, if permitted by PWEDA and 
its implementing regulations, and will depend on the relative needs and 
financial capacity of applicants. In most cases, a nonfederal local 
share will be required. In rare and extenuating circumstances, EDA may 
waive the local share requirement where permitted by PWEDA and its 
implementing regulations at 13 CFR chapter III. Local share 
requirements are discussed in the 13 CFR chapter III. The specific 
section for each program that discusses grant rates is listed below:
    1. See 13 CFR Part 308.7 for Special Economic Development 
Adjustment Assistance--Long-Term Economic Deterioration (LTED) and 
Sudden and Severe Dislocation (SSED);
    2. See 13 CFR Part 307.5 for Technical Assistance; and
    3. See 13 CFR Part 307.27 and 307.33 for the Planning Program.
    The grant rate for levee repairs shall not exceed 75 percent. The 
nonfederal share of the cost of a levee rehabilitation project for 
which assistance is made available by EDA shall be:

--To provide all land, easements, rights-of-way, and dredged material 
disposal areas necessary for the project; and
--To provide 25 percent of the costs of construction of the project of 
which at least 5 percent shall be paid in cash.

Eligible Applicants

    Eligible applicants include any of the states or political 
subdivisions thereof, including municipalities and quasi-public 
corporations and authorities, Indian tribes, and nonprofit corporations 
representing an EDA designated redevelopment area or part thereof 
located in areas affected by the flooding in the Mid-Atlantic states of 
Maryland, New York, Pennsylvania, Virginia, West Virginia and including 
Kentucky; in the Northwestern states of Idaho, Oregon and Washington; 
at Devils Lake in North Dakota; and other disasters. Eligible 
applicants are further identified in 13 CFR chapter III.
    Levees which are within the Corps' geographic area of 
responsibility that were ineligible to receive assistance because of 
the lack of participation by a public sponsor prior to the recent 
flooding will be eligible for assistance from EDA, provided that:

--It is demonstrated that the levee protects ``critical public 
infrastructure;''
--A public sponsor is identified that can demonstrate sufficient 
financial capability to comply with the requirements of this section;
--The levee rehabilitation program otherwise meets the requirements 
established by the Corps for design, operation, and maintenance;
--It is demonstrated that the benefits derived from repair or 
reconstruction of the levee will exceed the repair costs;
--The public sponsor agrees to include its levee in the Corps' program 
and enters into a written agreement

[[Page 32625]]

acknowledging that future Federal assistance will be conditional upon 
the public sponsor's continued participation in the program (future 
Federal assistance means under the Corps' Public Law 84-99 Emergency 
Levee Repair Program); and
--The proposed work consists primarily and essentially of repairs to an 
existing levee.

Proposal Submission Procedures

    Proposals for assistance under this disaster relief program shall 
be submitted to EDA with a completed Form ED-900, OMB Control No. 0610-
0094. Applicants must clearly demonstrate how the EDA assistance will 
help the area recover from the economic hardship and other problems 
caused by the floods, or other disasters, and that such assistance has 
been preceded by sound planning. Interested parties should contact the 
appropriate Economic Development Representative for the area or the 
appropriate EDA Regional Office for a proposal package.

Application Procedures

    A determination of whether to invite a grant application for EDA 
assistance will be issued based upon the outcome of the Agency's review 
of the applicant's preliminary application/proposal.

Funding Instrument

    Funds will be awarded as grants in accordance with the requirements 
of Title I, Title III, Title IV, and Title IX of the Public Works and 
Economic Development Act of 1965, as amended (Pub. L. 89-136; 42 U.S.C. 
3121 et. seq.) (PWEDA). The appropriate title for grant application and 
award will be determined by EDA based on the nature of the project and 
the eligibility of the area.

Levee Project Selection Criteria

    It is anticipated that the funds announced herein for repairing 
levees may not be sufficient to repair all the levees for which 
requests are received. EDA will use the following criteria to select 
the levees to be repaired: (1) The critical nature of the 
infrastructure protected by the levee, (2) environmental impact, (3) 
past performance of the applicant regarding operation and maintenance 
of the existing levee, (4) the applicant's ability to ensure proper and 
efficient administration of the levee rehabilitation project and of 
satisfactory operation and maintenance of the levee in accordance with 
standards established by the Corps, (5) the feasibility of the project, 
cost and other factors considered, (6) the potential the project has 
for assisting in the post-disaster recovery of the area, and (7) the 
extent to which the project will directly or indirectly tend to improve 
opportunities in the area for the establishment or expansion of 
industrial or commercial facilities or primarily benefit members of 
low-income families.
    To establish the merits of project proposals, interested parties 
should contact the EDA office for the area (see Appendix A) for a 
preapplication, ED-900P, OMB Control No. 0610-0094. Requests for 
assistance shall be submitted directly to the EDA Regional Office that 
serves the area (see Appendix A). Before submitting a preapplication to 
EDA for levee repairs, interested applicants should contact the 
appropriate Division or District Office of the Corps of Engineers to 
determine whether their levee would, after being repaired, be eligible 
for inclusion in the Corps' Public Law 84-99 Emergency Levee Repair 
Program. This determination must be in writing and a copy submitted 
with the applicant's preapplication request.
    EDA, working in conjunction and collaboration with the Corps, will 
evaluate preapplications to determine whether they can meet the 
criteria established above before inviting formal applications. After 
all requests have been evaluated, EDA will notify the Corps regarding 
the potential projects for which a site inspection, Damage Survey 
Report and Benefit/Cost Analysis are required.
    Following the review of the preapplications, the Damage Survey 
Reports and Benefit/Cost Analysis, EDA will invite those entities whose 
projects are selected for consideration to submit full applications.

Other Information

    Except as modified herein, application procedures, competitive 
selection criteria and post-approval project implementation information 
for the applicable assistance program are described at 13 CFR Chapter 
III, 61 FR 7979, March 1, 1996, as corrected at 61 FR 15371, April 8, 
1996, and its interim-final rule at 60 FR 49670, September 26, 1995.

    Dated: June 19, 1996.
Phillip A. Singerman,
Assistant Secretary for Economic Development.

Appendix A--Affected EDA Regional Offices and Economic Development 
Representatives

    For further information contact the appropriate EDA Regional 
Office or the Economic Development Representative listed below:

John E. Corrigan, Regional Director, Philadelphia Regional Office, 
Curtis Center, Independence Square West, Suite 140 South, 
Philadelphia, Pennsylvania 19106, Telephone: (215) 597-4603, 
Internet Address: JC<a href="/cdn-cgi/l/email-protection#503f222239373110343f337e373f26"><span class="__cf_email__" data-cfemail="335c41415a545273575c501d545c45">[email protected]</span></a>

    Economic Development Representatives:

Patricia A. Flynn--Maryland, 2568-A Riva Road, Suite 200, Annapolis, 
MD 21401, Telephone: (410) 962-2513
Harold J. Marshall, II--New York, 620 Erie Boulevard West, Suite 
104, Syracuse, NY 13204, Telephone: (315) 448-0938
Anthony M. Pecone--Pennsylvania, 1993A New Berwick Highway, 
Bloomsburg, PA 17815, Telephone: (717) 389-7560
Neal E. Noyes--Virginia, 700 Centre Building, Room 230, 704 East 
Franklin Street, Richmond, VA 23219, Telephone: (804) 771-2061
Byron R. Davis--West Virginia, Rose City Press Building, 550 Eagan 
Street, Room 305, Charleston, WV 25301, Telephone: (304) 347-5252

William J. Day, Jr., Regional Director, Atlanta Regional Office, 401 
West Peachtree Street, N.W., Suite 1820, Atlanta, GA 30308-3510, 
Telephone: (404) 730-3002, Internet Address: <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="8fd8cbced6cfebe0eca1e8e0f9">[email protected]</a>

    Economic Development Representative:

Bobby D. Hunter--Kentucky, 771 Corporate Drive, Suite 200, 
Lexington, KY 40503-5477, Telephone: (606) 224-7426

John Woodward, Regional Director, Denver Regional Office, 1244 Speer 
Boulevard, Room 670, Denver, CO 80204, Telephone: (303) 844-4714, 
Internet Address: JW<a href="/cdn-cgi/l/email-protection#2b44444f5c4a186b4f4448054c445d"><span class="__cf_email__" data-cfemail="5a35353e2d3b691a3e3539743d352c">[email protected]</span></a>

    Economic Development Representative:
Warren A. Albertson--North Dakota, Federal Building, Room 219, 225 
South Pierre Street, Pierre, SD 57501, Telephone: (605) 224-8280

A. Leonard Smith, Regional Director, Seattle Regional Office, 
Jackson Federal Building, Room 1856, 915 Second Avenue, Seattle, 
Washington 98174, Telephone (206) 220-7660, Internet Address: 
LS<a href="/cdn-cgi/l/email-protection#f79a9e839fc0b7939894d9909881"><span class="__cf_email__" data-cfemail="0d606479653a4d69626e236a627b">[email protected]</span></a>

    Economic Development Representatives:

Aldred F. Ames--Idaho, Borah Federal Building, 304 North 8th Street, 
Room 44l, Boise, ID 83702, Telephone: (208) 334-1521
Anne S. Berblinger--Oregon, One World Trade Center, 121 S.W. Salmon 
Street, Suite 244, Portland, OR 97204, Telephone: (503) 326-3078
Lloyd P. Kirry--Washington, Jackson Federal Building, 915 Second 
Avenue, Room 1856, Seattle, WA 98174, Telephone: (206) 220-7682

[FR Doc. 96-16020 Filed 6-21-96; 8:45 am]
BILLING CODE 3510-24-P

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