13 C.F.R. § 309.2

Redistributions under part 307

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(a) A Recipient of Investment Assistance under part 307 of this chapter may directly expend such Investment Assistance or, with prior EDA approval, may redistribute such Investment Assistance in the form of:

(1) A subgrant to another Eligible Recipient, generally referred to a Subrecipient, that qualifies for Investment Assistance under part 307 of this chapter; or

(2) Pursuant to part 307, subpart B, a loan or other appropriate assistance to non-profit and private for-profit entities.

(b) All redistributions of Investment Assistance made pursuant to this section shall be subject to the same terms and conditions applicable to the Recipient under the original Investment Assistance award and must satisfy the requirements of PWEDA and of this chapter. EDA may require the Eligible Recipient under the original Investment Award to agree to special award conditions and the Subrecipient to provide appropriate certifications to ensure the Subrecipient's compliance with legal requirements.

[71 FR 56675, Sept. 27, 2006, as amended at 82 FR 57059, Dec. 1, 2017]

Notes of Decisions

Cited in 4 cases, 1979–1985 · leading case: Cf&i Steel Corporation, a Colorado Corporation v. Economic Development Administration

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Cf&i Steel Corporation, a Colorado Corporation v. Economic Development Administration (1980) ca10 “The regulations interpreting § 702 are in 13 C.F.R. § 309.2 . Subsection (a) defines “capacity” as: “that quantity of production or supply of services which could reasonably be expected to be produced or supplied over a sustained period of time by existing competitive…”

Lukens Steel Co. v. Klutznick (1980) ca3 · cites it 3× “§ 3212 ; 13 C.F.R. § 309.2 (1980). Simply put, EDA assistance is not to be used to expand the production of steel products if there already is excess capacity in the domestic steel industry.”

Lukens Steel Co. v. Kreps (1979) paed “These regulations ( 13 CFR § 309.2 ) provide: § 309.2 Unfair competition.”

Coalport, Inc. v. Baldridge (1985) ca6 “§ 3212 ; 13 C.F.R. § 309.2 (1980). Simply put, EDA assistance is not to be used to expand the production of steel products if there already is excess capacity in the domestic steel industry.”

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