13 C.F.R. § 316.3 Nonrelocation.
Title 13 - Business Credit and Assistance
(a) General requirements for nonrelocation for funding under PWEDA are as follows: (1) EDA financial assistance will not be used to assist employers who transfer jobs from one commuting area to another. A commuting area (“area”) is that area defined by the distance people travel to work in the locality of the project receiving EDA financial assistance; (2) Every applicant for EDA financial assistance has an affirmative duty to inform EDA of any employer who will benefit from such assistance who will transfer jobs (not persons) in connection with the EDA grant; (3) EDA will determine compliance with this requirement prior to grant award based upon information provided by the applicant during the project selection process; and (4) Each applicant and identified primary beneficiary of EDA assistance, which for purposes of this section means an entity providing economic justification for the project, must submit its certification of compliance with this section, and other applicable information as determined by EDA. (b) The nonrelocation requirements stated in paragraph (a) of this section shall not apply to businesses which: (1) Relocated to the area prior to the date of the applicant's request for EDA assistance; (2) Have moved or will move into the area primarily for reasons which have no connection to the EDA assistance; (3) Will expand employment in the area where the project is to be located substantially beyond employment in the area in which the business had originally been located; (4) Are relocating from technologically obsolete facilities to be competitive; (5) Are expanding into the new area by adding a branch, affiliate, or subsidiary while maintaining employment levels in the old area or areas; or (6) Are determined by EDA to be exempt.
Title 13: Business Credit and Assistance
PART 316—GENERAL REQUIREMENTS FOR FINANCIAL ASSISTANCE
§ 316.3 Nonrelocation.
