1. (a) Project scope. Public Works Investments may fund the following activities:

   1. (1) Acquisition or development of land and improvements for use in a public works, public service or other type of development facility; or
   2. (2) Acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of such a facility, including related machinery and equipment.

2. (b) Requirements. A Public Works Investment may be made if EDA determines that:

   1. (1) The Project will, directly or indirectly:

      1. (i) Improve the opportunities for the successful establishment or expansion of industrial or commercial plants or facilities in the Region where the Project is located;
      2. (ii) Assist in the creation of additional long-term employment opportunities in the Region; or
      3. (iii) Primarily benefit the long-term unemployed and members of low-income families in the Region;
   2. (2) The Project will fulfill a pressing need of the Region, or a part of the Region, in which the Project is located; and
   3. (3) The Region in which the Project is located has a CEDS and the Project is consistent with the CEDS.
3. (c) Not more than 15 percent of the annual appropriations made available to EDA to fund Public Works Investments may be made in any one State.

[71 FR 56675, Sept. 27, 2006, as amended at 79 FR 76131, Dec. 19, 2014]