Office of Elementary and Secondary Education; Overview Information; Impact Aid Program-American Recovery and Reinvestment Act of 2009-Impact Aid Discretionary Construction Program; Notice Inviting Applications for New Awards under the American Recovery and Reinvestment Act of 2009, 41407-41411 [E9-19694]
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Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices
DEPARTMENT OF EDUCATION
Office of Elementary and Secondary
Education; Overview Information;
Impact Aid Program—American
Recovery and Reinvestment Act of
2009—Impact Aid Discretionary
Construction Program; Notice Inviting
Applications for New Awards under the
American Recovery and Reinvestment
Act of 2009
Catalog of Federal Domestic
Assistance (CFDA) Number: 84.401.
Dates:
Applications Available: August 17,
2009.
Deadline for Transmittal of
Applications: October 1, 2009.
Deadline for Intergovernmental
Review: November 30, 2009.
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Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program: To provide
grants for emergency repairs and
modernization of school facilities to
certain local educational agencies
(LEAs) that submitted timely
applications eligible for funding under
either section 8002 (Payments for
Federal Property) or section 8003 (Basic
Support Payments) of the Elementary
and Secondary Education Act of 1965,
as amended (ESEA), for FY 2008. Funds
awarded under this competition are
appropriated under the American
Recovery and Reinvestment Act of 2009,
Public Law 111–5 (ARRA).
Priorities: In this notice, the Secretary
is establishing two priorities for the
ARRA Impact Aid Discretionary
Construction Program grant
competition. Competitive Preference
Priority 1 is from section 805(b)(2)(A) of
the ARRA. Competitive Preference
Priority 2 is being established in
accordance with section 437(d)(1) of the
General Education Provisions Act
(GEPA), 20 U.S.C. 1232(d)(1).
Competitive Preference Priorities:
These priorities are competitive
preference priorities. Under 34 CFR
75.105(c)(2)(i), we will award an
additional 5 points to emergency repair
applications and up to 2 points for
projects that are projected to be
completed within 24 months of
receiving awards.
These priorities are:
Competitive Preference Priority 1.
Projects that propose emergency repairs
of school facilities will be awarded 5
points.
Competitive Preference Priority 2.
Emergency or modernization projects
that are projected to be completed
within 24 months of receiving awards.
The Secretary will award 2 points to
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applications for projects with proposed,
feasible completion dates within 12
months of the time of award. The
Secretary will allocate 1 point to
applications for projects with proposed,
feasible completion dates between 12
and 24 months from the time of award.
Point allocations will be based on the
project periods provided in the
applications, subject to feasibility
verification by panel reviewers. Section
805(b)(5)(D) of the ARRA provides for
the Secretary to consider: ‘‘The
feasibility of project completion within
24 months from award’’ in reviewing
applications for grants under this
program.
Waiver of Proposed Rulemaking:
Under the Administrative Procedure Act
(5 U.S.C. 553), the Department generally
offers interested parties the opportunity
to comment on proposed priorities.
Section 437(d)(1) of GEPA, however,
allows the Secretary to exempt from
rulemaking requirements, regulations
governing the first grant competition
under a new or substantially revised
program authority. This is the first grant
competition for this program under
section 8007(b) of the Impact Aid
Program (Title VIII of the ESEA) and the
ARRA and therefore qualifies for this
exemption. In order to ensure timely
grant awards, the Secretary has decided
to forego public comment on
Competitive Preference Priority 2 under
section 437(d)(1) of GEPA. This priority
will apply to the ARRA Impact Aid
Discretionary Construction Program
grant competition only.
41407
Note: The Department is not bound by any
estimates in this notice.
Project Period: Up to 36 months. We
will determine each project period
based on the nature of the project
proposed and the time needed to
complete the project. We will specify
this period in the Grant Award
Notification.
II. Award Information
III. Eligibility Information
1. Eligible Applicants: Under Section
8005(b)(4) of the Recovery Act, an LEA
is eligible to receive a grant under this
competition if the LEA timely submitted
an application eligible for funding
under either Section 8002 (Payments for
Federal Property) or Section 8003 (Basic
Support Payments) for FY 2008; and has
a total assessed value of real property
available that may be taxed for school
purposes (referred to hereinafter as
assessed value) of less than $100 million
or has an average assessed value per
pupil that is less than the State average
assessed value per pupil. Applicants
may submit only one application for one
facility within the LEA.
2. a. Cost Sharing or Matching: See 20
U.S.C. 7707(b)(5) and 34 CFR 222.174,
222.191, and 222.192. Under section
805(b)(5)(E) of the ARRA, in reviewing
proposed awards, the Secretary
considers the funds available to the
grantee from other sources, including
local, State, and other Federal funds.
Consistent with 34 CFR 222.192,
applicants will be required to submit
financial reports for FYs 2007, 2008,
and 2009, showing closing balances for
all school funds. If satisfactory data are
not available for these years, the
Secretary uses data from the most recent
three consecutive fiscal years for which
data that are satisfactory to the Secretary
are available. If funds are available at
the close of FY 2009 or the most recent
fiscal year available that are not
obligated for capital purposes, those
funds will be considered as available for
the proposed project, which may reduce
or eliminate the award.
b. Supplement-Not-Supplant: As
outlined in 34 CFR 222.174, grants
made under this program are subject to
supplement, not supplant funding
provisions. Grant funds under this
program may not be used to supplant or
replace other available non-Federal
construction money.
Type of Award: Discretionary grant.
Estimated Available Funds:
$59,400,000.
Estimated Range of Awards: $50,000–
$5,000,000.
Estimated Average Size of Awards:
$2,500,000.
Estimated Number of Awards: 24.
IV. Application and Submission
Information
1. Address to Request Application
Package: An electronic application is
available at: https://e-grants.ed.gov. For
assistance, please contact Kristen WallsRivas, Impact Aid Program, U.S.
Department of Education, 400 Maryland
Program Authority: 20 U.S.C. 7707(b);
Division A, Title VIII of the American
Recovery and Reinvestment Act of 2009,
Public Law 111–5.
Applicable Regulations: (a) The
Education Department General
Administrative Regulations (EDGAR) in
34 CFR parts 75 (except for 34 CFR
75.600 through 75.617), 77, 79, 80, 82,
84, 85, 97, 98, and 99. (b) The
regulations for this program in 34 CFR
part 222, except for the regulations in 34
CFR 222.170–171, 222.177–184,
222.188–189, and 222.193–195(a).
Note: The regulations in 34 CFR part 79
apply to all applicants except Federally
recognized Indian Tribes.
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Avenue, SW., room 3C155, Washington,
DC 20202–6244. FAX: 1–866–799–1272.
If you use a telecommunications
device for the deaf (TDD), call the
Federal Relay Service (FRS), toll free, at
1–800–877–8339.
Individuals with disabilities can
obtain a copy of the application package
in an accessible format (e.g., braille,
large print, audiotape, or compact disc)
by contacting the person or team listed
under Accessible Format in section VIII
of this notice.
2. Content and Form of Application
Submission: Requirements concerning
the content of an application, together
with the forms you must submit, are in
the application package for this
program. Applicants must complete and
submit all forms contained in the
application package in order to be
considered for funding under this
program. Applicants may submit only
one application for one facility within
the LEA.
Page Limit: There is a three-page limit
for the project narratives for the
emergency and modernization
applications. There is a two-page limit
for the justification for rebuilding. All
narratives must be double spaced in 12point font. Applications that exceed the
page limit or are not in the proper
format will be rejected.
3. Submission Dates and Times:
Applications Available: August 17,
2009.
Deadline for Transmittal of
Applications: October 1, 2009.
We will not consider an application
that does not comply with the deadline
requirements.
Individuals with disabilities who
need an accommodation or auxiliary aid
in connection with the application
process should contact the person listed
under FOR FURTHER INFORMATION
CONTACT in section VII of this notice.
Deadline for Intergovernmental
Review: November 30, 2009.
4. Intergovernmental Review: This
program is subject to Executive Order
12372 and the regulations in 34 CFR
part 79. Information about
Intergovernmental Review of Federal
Programs under Executive Order 12372
is in the application package for this
program.
5. Funding Restrictions: Applicants
may submit only one application for one
facility within the LEA. The Department
may elect not to fund an application for
an LEA based on factors specified in 34
CFR 75.217, including the applicant’s
past performance and use of funds
under a prior award. Unallowable costs
are specified in 34 CFR 222.173. Grant
recipients must, in accordance with
Federal, State and local laws, use
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emergency repair and modernization
grants only for permissible construction
activities at public elementary and
secondary school facilities. The scope of
a selected project will be identified as
part of the final grant award conditions.
A grantee must also ensure that its
construction expenditures under this
program meet the requirements of 34
CFR 222.172 (allowable program
activities) and 34 CFR 222.173 and
section 1604 of the ARRA (prohibited
activities). If applying for new
construction, the LEA must hold title to
the existing facility at the time of
application.
We reference additional regulations
outlining funding restrictions in the
Applicable Regulations section of this
notice.
6. Other Submission Requirements:
Applications for grants under this
competition must be submitted
electronically unless you qualify for an
exception to this requirement in
accordance with the instructions in this
section.
a. Electronic Submission of
Applications
Applications for grants under the
ARRA Impact Aid Discretionary
Construction Grant Program, CFDA
number 84.401, must be submitted
electronically using e-Application,
accessible through the Department’s eGrants system, accessible through the eGrants Web site at: https://egrants.ed.gov.
We will reject your application if you
submit it in paper format unless, as
described elsewhere in this section, you
qualify for one of the exceptions to the
electronic submission requirement and
submit, no later than two weeks before
the application deadline date, a written
statement to the Department that you
qualify for one of these exceptions.
Further information regarding
calculation of the date that is two weeks
before the application deadline date is
provided later in this section under
Exception to Electronic Submission
Requirement.
While completing your electronic
application, you will be entering data
online that will be saved into a
database. You may not e-mail an
electronic copy of a grant application to
us.
Please note the following:
• You must complete the electronic
submission of your grant application by
4:30:00 p.m., Washington, DC time, on
the application deadline date. EApplication will not accept an
application for this competition after
4:30:00 p.m., Washington, DC time, on
the application deadline date.
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Therefore, we strongly recommend that
you do not wait until the application
deadline date to begin the application
process.
• The hours of operation of the eGrants Web site are 6:00 a.m. Monday
until 7:00 p.m. Wednesday; and 6:00
a.m. Thursday until 8:00 p.m. Sunday,
Washington, DC time. Please note that,
because of maintenance, the system is
unavailable between 8:00 p.m. on
Sundays and 6:00 a.m. on Mondays, and
between 7:00 p.m. on Wednesdays and
6:00 a.m. on Thursdays, Washington,
DC time. Any modifications to these
hours are posted on the e-Grants Web
site.
• You will not receive additional
point value because you submit your
application in electronic format, nor
will we penalize you if you qualify for
an exception to the electronic
submission requirement, as described
elsewhere in this section, and submit
your application in paper format.
• You must submit all documents
electronically, including all information
you typically provide on the following
forms: the Application for the ARRA
Impact Aid Discretionary Construction
Program and all necessary assurances
and certifications. Cover pages,
assurances, and certifications may be
sent either by facsimile or by e-mail. All
additional narrative documents must be
attached to the application as files in a
.DOC (document), .RTF (rich text), or
.PDF (Portable Document) format. If you
upload a file type other than the three
file types specified in this paragraph or
submit a password protected file, we
will not review that material.
• Your electronic application must
comply with any page limit
requirements described in this notice.
• Prior to submitting your electronic
application, you may wish to print a
copy of it for your records.
• After you electronically submit
your application, you will receive an
automatic acknowledgment that will
include a PR/Award number (an
identifying number unique to your
application).
• After you electronically submit
your application, fax or e-mail a signed
copy of the cover pages, assurances, and
the emergency certification form for the
Application for Impact Aid
Discretionary Construction Program—
ARRA Grants to the Impact Aid Program
after following these steps:
(1) Print a copy of the application
from e-Application for your records.
(2) Have the applicant’s Authorized
Representative date and sign the cover
page and all of the assurance pages.
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(3) Have the independent certifying
official sign the certification for the
application.
(4) Place the PR/Award number in the
upper right hand corner of the hardcopy signature page of the Application
for the ARRA Impact Aid Discretionary
Construction Program.
(5) Fax or e-mail the signed cover
page, independent official certification,
and all assurances for the ARRA Impact
Aid Discretionary Construction Program
by 12:00:00 midnight, Washington, DC
time, on the application deadline to the
Impact Aid Program at 1–866–799–1272
or by e-mail to Impact.Aid@ed.gov.
• We may request that you provide us
original signatures on other forms at a
later date.
Application Deadline Date Extension
in Case of e-Application Unavailability:
If you are prevented from electronically
submitting your application on the
application deadline date because eApplication is unavailable, we will
grant you an extension of one business
day to enable you to transmit your
application electronically, by mail, or by
hand delivery. We will grant this
extension if—
(1) You are a registered user of eApplication and you have initiated an
electronic application for this
competition; and
(2)(a) E-Application is unavailable for
60 minutes or more between the hours
of 8:30 a.m. and 3:30 p.m., Washington,
DC time, on the application deadline
date; or
(b) E-Application is unavailable for
any period of time between 3:30 p.m.
and 4:30:00 p.m., Washington, DC time,
on the application deadline date.
We must acknowledge and confirm
these periods of unavailability before
granting you an extension. To request
this extension or to confirm our
acknowledgment of any system
unavailability, you may contact either
(1) the person listed elsewhere in this
notice under FOR FURTHER INFORMATION
CONTACT (see VII. Agency Contact) or (2)
the e-Grants help desk at 1–888–336–
8930. If E-Application is unavailable
due to technical problems with the
system and therefore the application
deadline is extended, an e-mail will be
sent to all registered users who have
initiated an e-Application. Extensions
referred to in this section apply only to
the unavailability of e-Application.
Exception to Electronic Submission
Requirement: You qualify for an
exception to the electronic submission
requirement, and may submit your
application in paper format, if you are
unable to submit an application through
e-Application because—
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• You do not have access to the
Internet; or
• You do not have the capacity to
upload large documents to eApplication; and
• No later than two weeks before the
application deadline date (14 calendar
days or, if the fourteenth calendar day
before the application deadline date
falls on a Federal holiday, the next
business day following the Federal
holiday), you mail or fax a written
statement to the Department, explaining
which of the two grounds for an
exception prevent you from using the
Internet to submit your application. If
you mail your written statement to the
Department, it must be postmarked no
later than two weeks before the
application deadline date. If you fax
your written statement to the
Department, we must receive the faxed
statement no later than two weeks
before the application deadline date.
Address and mail or fax your
statement to: Kristen Walls-Rivas,
Impact Aid Program, U.S. Department of
Education, 400 Maryland Avenue, SW.,
Room 3C155, Washington, DC 20202–
6244. FAX: 1–866–799–1272.
Your paper application must be
submitted in accordance with the mail
or hand delivery instructions described
in this notice.
b. Submission of Paper Applications by
Mail
If you qualify for an exception to the
electronic submission requirement, you
may mail (through the U.S. Postal
Service or a commercial carrier) your
application to the Department. You
must mail the original and two copies
of your application, on or before the
application deadline date, to the
Department at the following address:
U.S. Department of Education, Impact
Aid Program, Attention: (CFDA Number
84.401), Room 3C155, 400 Maryland
Avenue, SW., Washington, DC 20202–
6244.
You must show proof of mailing
consisting of one of the following:
(1) A legibly dated U.S. Postal Service
postmark.
(2) A legible mail receipt with the
date of mailing stamped by the U.S.
Postal Service.
(3) A dated shipping label, invoice, or
receipt from a commercial carrier.
(4) Any other proof of mailing
acceptable to the Secretary of the U.S.
Department of Education.
If you mail your application through
the U.S. Postal Service, we do not
accept either of the following as proof
of mailing:
(1) A private metered postmark.
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41409
(2) A mail receipt that is not dated by
the U.S. Postal Service.
If your application is postmarked after
the application deadline date, we will
not consider your application.
Note: The U.S. Postal Service does not
uniformly provide a dated postmark. Before
relying on this method, you should check
with your local post office.
c. Submission of Paper Applications by
Hand Delivery
If you qualify for an exception to the
electronic submission requirement, you
(or a courier service) may deliver your
paper application to the Department by
hand. You must deliver the original and
two copies of your application, by hand,
on or before the application deadline
date, to the Department at the following
address: U.S. Department of Education,
Impact Aid Program, Attention: (CFDA
Number 84.401), Room 3C155, 400
Maryland Avenue, SW., Washington,
DC 20202–6244.
The Impact Aid Program accepts hand
deliveries daily between 8:00 a.m. and
4:30:00 p.m., Washington, DC time,
except Saturdays, Sundays, and Federal
holidays.
Note for Mail or Hand Delivery of Paper
Applications: If you mail or hand deliver
your application to the Department—
(1) You must indicate on the envelope—if
not provided by the Department—the CFDA
number, including suffix letter, if any, of the
competition under which you are submitting
your application; and
(2) The Impact Aid Program will mail to
you a notification of receipt of your grant
application. If you do not receive this grant
notification within 15 business days from the
application deadline date, you should call
the U.S. Department of Education Impact Aid
Program at (202) 260–3858.
V. Application Review Information
1. Selection Criteria: The selection
criteria for this competition are from
section 805 of the ARRA and 20 U.S.C.
7707(b) as applicable and are further
clarified in 34 CFR 222.185 and 222.186
and are described in the following
paragraphs. The Secretary gives distinct
weight to the listed selection criteria.
The maximum score for each criterion is
indicated in parentheses. Within each
criterion, the Secretary evaluates each
factor equally, unless otherwise
specified. The maximum score that an
application may receive for the selection
criteria is 100 points.
For emergency applications, the
criteria and weights are as follows:
(1) Need for project/severity of the
school facility problem to be addressed
by the proposed project. (Up to 34
points)
(a) Identification of a valid emergency
condition that threatens the health and/
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or safety of the facility’s occupants and
the severity of the emergency condition.
Applicants should describe the systems
or areas of the facility involved, e.g.,
HVAC, roof, floor, windows; the type of
space affected, such as instructional,
resource, food service, recreational,
general support, or other areas; the
percentage of building occupants
affected by the emergency; and the
importance of the facility or affected
area to the instructional program.
(b) Impact of the emergency condition
on the health and safety of the building
occupants or on program delivery.
(c) Project urgency or risk to
occupants if the facility condition is not
addressed. Applicants should describe
projected increased future costs and
effects on occupants if the condition is
not addressed; the anticipated effect of
the proposed project on the useful life
of the facility or the future need for
major construction; and the age and
condition of the facility and date of any
previous renovation of affected areas.
(2) Extent to which the proposed
project addresses the emergency
condition. (Up to 26 points)
(a) Extent to which the described
emergency condition is consistent with
the Independent Certification.
(b) Ability of the proposed project to
respond to the emergency condition.
The readers will evaluate the extent to
which the scope and cost of the
proposed project correspond with the
identified emergency condition.
(c) The justification for rebuilding, if
proposed. The readers will assess the
validity of the justification for
rebuilding a facility instead of
renovating it.
(3) The extent to which the project
will use energy-efficient and recyclable
materials. (Up to 12 points total)
(4) The extent to which the project
will use non-traditional or alternative
building methods and materials. (Up to
12 points total)
(a) Cost savings associated with the
use of alternative building methods and
materials.
(b) Time savings associated with the
use of alternative building methods and
materials.
(5) Ability to respond or pay. (Up to
16 points total)
(a) If an applicant is eligible because
the applicant’s assessed value of real
property per pupil is less than the
State’s average assessed value per pupil,
points will be distributed based on the
LEA’s ranking within the State. The
LEAs ranked below the State average
will be divided into quartiles. All
sixteen points will be allocated to LEAs
in the quartile with the lowest average
assessed value per pupil and only four
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points will be allocated to LEAs in the
quartile with the highest average
assessed value per pupil of those
ranked. (Up to 16 points)
(b) If an applicant is eligible because
the applicant’s total assessed value of
real property is less than $100,000,000,
points will be distributed based on four
groupings of LEAs in the State with total
assessed values of less than $100
million. LEAs with total assessed values
of less than $25,000,000 would receive
16 points. LEAs with total assessed
values between $25,000,000 and
$50,000,000 would receive 12 points.
LEAs with total assessed values between
$50,000,000 and $75,000,000 would
receive 8 points. LEAs with total
assessed values between $75,000,000
and $99,999,999 would receive 4 points.
(Up to 16 points)
For modernization applications, the
criteria and weights are as follows:
(1) Justification that the proposed
project is a valid modernization need
because either:
• The facility is unable to meet the
needs of the current enrollment
(Example: The building capacity is 300
students while the current enrollment is
350; three additional classrooms are
needed to meet State standards for
capacity and a maximum 20-to-1
student/teacher ratio.); or
• The facility is unable to support the
provision of a comprehensive
educational program to meet State
standards (Example: The State’s high
school graduation requirements include
the completion of a chemistry class but
the facility has no science lab.) (Up to
34 points.)
(2) Extent to which the proposed
project addresses the modernization
need. (Up to 26 points.)
(a) Project urgency in fiscal terms
(Examples: The proposed project will
extend the useful life of the current
facility on a cost-effective basis,
improve program quality with an
updated facility, or delay the need to
replace the facility).
(b) Extent to which the described
modernization need is consistent with
the Independent Certification.
(c) Ability of the proposed project to
respond to the modernization need. The
readers will evaluate the extent to
which the scope and cost of the
proposed project correspond with the
identified modernization need.
(d) The justification for rebuilding, if
proposed. The readers will assess the
validity of the justification for
rebuilding a facility instead of
renovating it.
(3) The extent to which the project
will use energy-efficient and recyclable
materials. (Up to 12 points total)
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(4) The extent to which the project
will use alternative building methods
and materials. (Up to 12 points total)
(a) Cost savings associated with the
use of alternative building methods and
materials.
(b) Time savings associated with the
use of alternative building methods and
materials.
(5) Ability to respond or pay. (Up to
16 points total)
(a) If an applicant is eligible because
the applicant’s assessed value of real
property per pupil is less than the
State’s average assessed value per pupil,
points will be distributed based on the
LEA’s ranking within the State. The
LEAs ranked below the State average
will be divided into quartiles. All
sixteen points will be allocated to LEAs
in the quartile with the lowest average
assessed value per pupil and only four
points will be allocated to LEAs in the
quartile with the highest average
assessed value per pupil of those
ranked. (Up to 16 points)
(b) If an applicant is eligible because
the applicant’s total assessed value of
real property is less than $100,000,000,
points will be distributed based on four
groupings of LEAs in the State with total
assessed values of less than $100
million. LEAs with total assessed values
of less than $25,000,000 would receive
16 points. LEAs with total assessed
values between $25,000,000 and
$50,000,000 would receive 12 points.
LEAs with total assessed values between
$50,000,000 and $75,000,000 would
receive 8 points. LEAs with total
assessed values between $75,000,000
and $99,999,999 would receive 4 points.
(Up to 16 points)
2. Review and Selection Process:
Upon receipt, Impact Aid program staff
will screen all applications to eliminate
any that do not meet the eligibility
requirements, are incomplete, exceed
the page limit requirement, are not
properly formatted, or are late. Program
staff will also calculate the scores for
each application under competitive
preference priorities 1 and 2 and
criterion (5)—ability to respond or pay.
Panel reviewers will assess the
applications under criteria (1), (2), (3)
and (4), and the feasibility of the
proposed completion date under
competitive preference priority 2.
Applications are ranked based on the
total number of points received during
the review process.
The Department may elect not to fund
applications for an LEA based on factors
specified in 34 CFR 75.217, including
the applicant’s performance and use of
funds under a prior award.
E:\FR\FM\17AUN1.SGM
17AUN1
Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
VI. Award Administration Information
1. Award Notices: If your application
is successful, we will notify your U.S.
Representative and U.S. Senators and
send you a Grant Award Notification
(GAN). We may notify you informally,
also.
If your application is not evaluated or
not selected for funding, we will notify
you.
2. Administrative and National Policy
Requirements: We identify
administrative and national policy
requirements in the application package
and reference these and other
requirements in the Applicable
Regulations section of this notice. In
addition, there are a number of ARRA
requirements that are detailed in the
ARRA Impact Aid Frequently Asked
Questions (FAQs), which can be
accessed at the following site: https://
www.ed.gov/policy/gen/leg/recovery/
guidance/impactaid.pdf. See for
example, FAQs 12 through 16 regarding
reporting, infrastructure investment
certification, Buy American, and
National Environmental Protection Act
provisions, and FAQs 19 through 21
regarding Davis-Bacon wage, Indian
Preference contract, and civil rights law
requirements. We anticipate providing
further guidance on the infrastructure
investment certifications at a later time.
We reference the regulations outlining
the terms and conditions of an award in
the Applicable Regulations section of
this notice and include these and other
specific conditions in the GAN. The
GAN also incorporates the approved
application as part of your binding
commitments under the grant.
3. Reporting: At the end of your
project period, you must submit a final
performance report, including financial
information, as directed by the
Secretary. If you receive a multi-year
award, you must submit an annual
performance report that provides the
most current performance and financial
expenditure information as directed by
the Secretary under 34 CFR 75.118. The
Secretary may also require more
frequent performance reports under 34
CFR 75.720(c). In addition to the
reporting requirements specified in the
regulations, there are additional
reporting requirements for these awards
as specified under section 1512 of
ARRA.
Funds awarded through this program
were appropriated under the American
Recovery and Reinvestment Act (ARRA)
of 2009, Public Law 111–5, and are
subject to additional accountability and
transparency reporting requirements,
which are described in section 1512(c)
of the ARRA. Recipients of ARRA funds
VerDate Nov<24>2008
17:55 Aug 14, 2009
Jkt 217001
must submit quarterly reports on the
expenditure of these funds no later than
ten days after the end of each calendar
quarter through a centralized reporting
Web site administered by the Office of
Management and Budget (OMB):
https://www.federalreporting.gov. The
information reported at this Web site
will be available to the Department, the
White House, OMB and the public on
https://www.Recovery.gov.
At a minimum, an LEA should
anticipate reporting:
• The total amounts of ARRA funds
received and expended or obligated.
• The name, description, and
evaluation of the project or activity’s
completion status.
• An estimate of the number of jobs
that were saved or created with the
funds.
Recipients will need to maintain
accurate documentation of all ARRA
expenditures to ensure that the data
reported are accurate, complete, and
reliable.
Additional guidance providing further
detail on the quarterly report will be
provided at a later time.
4. Performance Measures: The
condition of school facilities in LEAs
after completion of projects with grants
under this program will be compared to
the reported condition before receipt of
the grants. This information will be
obtained from the current Table 10 of
the section 8003 application, which will
be required for all grant recipients. The
measure is currently in place for the
regular section 8007(b) program. A
second performance measure will
identify the proportion of projects
funded with these grants that are
completed within 24 months of the
awards.
VII. Agency Contact
For Further Information Contact:
Kristen Walls-Rivas, Impact Aid
Program, U.S. Department of Education,
400 Maryland Avenue, SW., room
3C155, Washington, DC 20202–6244.
Telephone: (202) 260–3858 or by e-mail:
Impact.Aid@ed.gov.
If you use a TDD, call the FRS, toll
free, at 1–800–877–8339.
VIII. Other Information
Accessible Format: Individuals with
disabilities can obtain this document
and a copy of the application package in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the program contact person
listed under FOR FURTHER INFORMATION
CONTACT in section VII of this notice.
Electronic Access to This Document:
You can view this document, as well as
all other documents of this Department
PO 00000
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Sfmt 4703
41411
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF) on the Internet at the
following site: https://www.ed.gov/news/
fedregister.
To use PDF you must have Adobe
Acrobat Reader, which is available free
at this site. If you have questions about
using PDF, call the U.S. Government
Printing Office (GPO), toll free, at 1–
888–293–6498; or in the Washington,
DC, area at (202) 512–1530.
Note: The official version of this document
is the document published in the Federal
Register. Free Internet access to the official
edition of the Federal Register and the Code
of Federal Regulations is available on GPO
Access at: https://www.gpoaccess.gov/nara/
index.html.
Delegation of Authority: The Secretary
of Education has delegated authority to
Joseph C. Conaty, Director, Academic
Improvement and Teacher Quality
Programs for the Office of Elementary
and Secondary Education to perform the
functions of the Assistant Secretary for
Elementary and Secondary Education.
Dated: August 12, 2009.
Joseph C. Conaty,
Director, Academic Improvement and
Teacher Quality Programs.
[FR Doc. E9–19694 Filed 8–14–09; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Agency Information Collection
Extension
U.S. Department of Energy.
Notice and request for
comments.
AGENCY:
ACTION:
SUMMARY: The Department of Energy
(DOE), pursuant to the Paperwork
Reduction Act of 1995, is amending a
Federal Register Notice published in
the March 13, 2009, at 74 FR 10902.
That Notice informed the public of the
Department’s intention to extend, for
three years, an information collection
request with the Office of Management
and Budget (OMB). Comments were
invited on: (a) Whether the extended
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
E:\FR\FM\17AUN1.SGM
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Agencies
[Federal Register Volume 74, Number 157 (Monday, August 17, 2009)]
[Notices]
[Pages 41407-41411]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19694]
[[Page 41407]]
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DEPARTMENT OF EDUCATION
Office of Elementary and Secondary Education; Overview
Information; Impact Aid Program--American Recovery and Reinvestment Act
of 2009--Impact Aid Discretionary Construction Program; Notice Inviting
Applications for New Awards under the American Recovery and
Reinvestment Act of 2009
Catalog of Federal Domestic Assistance (CFDA) Number: 84.401.
Dates:
Applications Available: August 17, 2009.
Deadline for Transmittal of Applications: October 1, 2009.
Deadline for Intergovernmental Review: November 30, 2009.
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program: To provide grants for emergency repairs and
modernization of school facilities to certain local educational
agencies (LEAs) that submitted timely applications eligible for funding
under either section 8002 (Payments for Federal Property) or section
8003 (Basic Support Payments) of the Elementary and Secondary Education
Act of 1965, as amended (ESEA), for FY 2008. Funds awarded under this
competition are appropriated under the American Recovery and
Reinvestment Act of 2009, Public Law 111-5 (ARRA).
Priorities: In this notice, the Secretary is establishing two
priorities for the ARRA Impact Aid Discretionary Construction Program
grant competition. Competitive Preference Priority 1 is from section
805(b)(2)(A) of the ARRA. Competitive Preference Priority 2 is being
established in accordance with section 437(d)(1) of the General
Education Provisions Act (GEPA), 20 U.S.C. 1232(d)(1).
Competitive Preference Priorities: These priorities are competitive
preference priorities. Under 34 CFR 75.105(c)(2)(i), we will award an
additional 5 points to emergency repair applications and up to 2 points
for projects that are projected to be completed within 24 months of
receiving awards.
These priorities are:
Competitive Preference Priority 1. Projects that propose emergency
repairs of school facilities will be awarded 5 points.
Competitive Preference Priority 2. Emergency or modernization
projects that are projected to be completed within 24 months of
receiving awards. The Secretary will award 2 points to applications for
projects with proposed, feasible completion dates within 12 months of
the time of award. The Secretary will allocate 1 point to applications
for projects with proposed, feasible completion dates between 12 and 24
months from the time of award. Point allocations will be based on the
project periods provided in the applications, subject to feasibility
verification by panel reviewers. Section 805(b)(5)(D) of the ARRA
provides for the Secretary to consider: ``The feasibility of project
completion within 24 months from award'' in reviewing applications for
grants under this program.
Waiver of Proposed Rulemaking: Under the Administrative Procedure
Act (5 U.S.C. 553), the Department generally offers interested parties
the opportunity to comment on proposed priorities. Section 437(d)(1) of
GEPA, however, allows the Secretary to exempt from rulemaking
requirements, regulations governing the first grant competition under a
new or substantially revised program authority. This is the first grant
competition for this program under section 8007(b) of the Impact Aid
Program (Title VIII of the ESEA) and the ARRA and therefore qualifies
for this exemption. In order to ensure timely grant awards, the
Secretary has decided to forego public comment on Competitive
Preference Priority 2 under section 437(d)(1) of GEPA. This priority
will apply to the ARRA Impact Aid Discretionary Construction Program
grant competition only.
Program Authority: 20 U.S.C. 7707(b); Division A, Title VIII of
the American Recovery and Reinvestment Act of 2009, Public Law 111-
5.
Applicable Regulations: (a) The Education Department General
Administrative Regulations (EDGAR) in 34 CFR parts 75 (except for 34
CFR 75.600 through 75.617), 77, 79, 80, 82, 84, 85, 97, 98, and 99. (b)
The regulations for this program in 34 CFR part 222, except for the
regulations in 34 CFR 222.170-171, 222.177-184, 222.188-189, and
222.193-195(a).
Note: The regulations in 34 CFR part 79 apply to all applicants
except Federally recognized Indian Tribes.
II. Award Information
Type of Award: Discretionary grant.
Estimated Available Funds: $59,400,000.
Estimated Range of Awards: $50,000-$5,000,000.
Estimated Average Size of Awards: $2,500,000.
Estimated Number of Awards: 24.
Note: The Department is not bound by any estimates in this
notice.
Project Period: Up to 36 months. We will determine each project
period based on the nature of the project proposed and the time needed
to complete the project. We will specify this period in the Grant Award
Notification.
III. Eligibility Information
1. Eligible Applicants: Under Section 8005(b)(4) of the Recovery
Act, an LEA is eligible to receive a grant under this competition if
the LEA timely submitted an application eligible for funding under
either Section 8002 (Payments for Federal Property) or Section 8003
(Basic Support Payments) for FY 2008; and has a total assessed value of
real property available that may be taxed for school purposes (referred
to hereinafter as assessed value) of less than $100 million or has an
average assessed value per pupil that is less than the State average
assessed value per pupil. Applicants may submit only one application
for one facility within the LEA.
2. a. Cost Sharing or Matching: See 20 U.S.C. 7707(b)(5) and 34 CFR
222.174, 222.191, and 222.192. Under section 805(b)(5)(E) of the ARRA,
in reviewing proposed awards, the Secretary considers the funds
available to the grantee from other sources, including local, State,
and other Federal funds. Consistent with 34 CFR 222.192, applicants
will be required to submit financial reports for FYs 2007, 2008, and
2009, showing closing balances for all school funds. If satisfactory
data are not available for these years, the Secretary uses data from
the most recent three consecutive fiscal years for which data that are
satisfactory to the Secretary are available. If funds are available at
the close of FY 2009 or the most recent fiscal year available that are
not obligated for capital purposes, those funds will be considered as
available for the proposed project, which may reduce or eliminate the
award.
b. Supplement-Not-Supplant: As outlined in 34 CFR 222.174, grants
made under this program are subject to supplement, not supplant funding
provisions. Grant funds under this program may not be used to supplant
or replace other available non-Federal construction money.
IV. Application and Submission Information
1. Address to Request Application Package: An electronic
application is available at: https://e-grants.ed.gov. For assistance,
please contact Kristen Walls-Rivas, Impact Aid Program, U.S. Department
of Education, 400 Maryland
[[Page 41408]]
Avenue, SW., room 3C155, Washington, DC 20202-6244. FAX: 1-866-799-
1272.
If you use a telecommunications device for the deaf (TDD), call the
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
Individuals with disabilities can obtain a copy of the application
package in an accessible format (e.g., braille, large print, audiotape,
or compact disc) by contacting the person or team listed under
Accessible Format in section VIII of this notice.
2. Content and Form of Application Submission: Requirements
concerning the content of an application, together with the forms you
must submit, are in the application package for this program.
Applicants must complete and submit all forms contained in the
application package in order to be considered for funding under this
program. Applicants may submit only one application for one facility
within the LEA.
Page Limit: There is a three-page limit for the project narratives
for the emergency and modernization applications. There is a two-page
limit for the justification for rebuilding. All narratives must be
double spaced in 12-point font. Applications that exceed the page limit
or are not in the proper format will be rejected.
3. Submission Dates and Times:
Applications Available: August 17, 2009.
Deadline for Transmittal of Applications: October 1, 2009.
We will not consider an application that does not comply with the
deadline requirements.
Individuals with disabilities who need an accommodation or
auxiliary aid in connection with the application process should contact
the person listed under FOR FURTHER INFORMATION CONTACT in section VII
of this notice.
Deadline for Intergovernmental Review: November 30, 2009.
4. Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. Information about
Intergovernmental Review of Federal Programs under Executive Order
12372 is in the application package for this program.
5. Funding Restrictions: Applicants may submit only one application
for one facility within the LEA. The Department may elect not to fund
an application for an LEA based on factors specified in 34 CFR 75.217,
including the applicant's past performance and use of funds under a
prior award. Unallowable costs are specified in 34 CFR 222.173. Grant
recipients must, in accordance with Federal, State and local laws, use
emergency repair and modernization grants only for permissible
construction activities at public elementary and secondary school
facilities. The scope of a selected project will be identified as part
of the final grant award conditions. A grantee must also ensure that
its construction expenditures under this program meet the requirements
of 34 CFR 222.172 (allowable program activities) and 34 CFR 222.173 and
section 1604 of the ARRA (prohibited activities). If applying for new
construction, the LEA must hold title to the existing facility at the
time of application.
We reference additional regulations outlining funding restrictions
in the Applicable Regulations section of this notice.
6. Other Submission Requirements: Applications for grants under
this competition must be submitted electronically unless you qualify
for an exception to this requirement in accordance with the
instructions in this section.
a. Electronic Submission of Applications
Applications for grants under the ARRA Impact Aid Discretionary
Construction Grant Program, CFDA number 84.401, must be submitted
electronically using e-Application, accessible through the Department's
e-Grants system, accessible through the e-Grants Web site at: https://e-grants.ed.gov.
We will reject your application if you submit it in paper format
unless, as described elsewhere in this section, you qualify for one of
the exceptions to the electronic submission requirement and submit, no
later than two weeks before the application deadline date, a written
statement to the Department that you qualify for one of these
exceptions. Further information regarding calculation of the date that
is two weeks before the application deadline date is provided later in
this section under Exception to Electronic Submission Requirement.
While completing your electronic application, you will be entering
data online that will be saved into a database. You may not e-mail an
electronic copy of a grant application to us.
Please note the following:
You must complete the electronic submission of your grant
application by 4:30:00 p.m., Washington, DC time, on the application
deadline date. E-Application will not accept an application for this
competition after 4:30:00 p.m., Washington, DC time, on the application
deadline date. Therefore, we strongly recommend that you do not wait
until the application deadline date to begin the application process.
The hours of operation of the e-Grants Web site are 6:00
a.m. Monday until 7:00 p.m. Wednesday; and 6:00 a.m. Thursday until
8:00 p.m. Sunday, Washington, DC time. Please note that, because of
maintenance, the system is unavailable between 8:00 p.m. on Sundays and
6:00 a.m. on Mondays, and between 7:00 p.m. on Wednesdays and 6:00 a.m.
on Thursdays, Washington, DC time. Any modifications to these hours are
posted on the e-Grants Web site.
You will not receive additional point value because you
submit your application in electronic format, nor will we penalize you
if you qualify for an exception to the electronic submission
requirement, as described elsewhere in this section, and submit your
application in paper format.
You must submit all documents electronically, including
all information you typically provide on the following forms: the
Application for the ARRA Impact Aid Discretionary Construction Program
and all necessary assurances and certifications. Cover pages,
assurances, and certifications may be sent either by facsimile or by e-
mail. All additional narrative documents must be attached to the
application as files in a .DOC (document), .RTF (rich text), or .PDF
(Portable Document) format. If you upload a file type other than the
three file types specified in this paragraph or submit a password
protected file, we will not review that material.
Your electronic application must comply with any page
limit requirements described in this notice.
Prior to submitting your electronic application, you may
wish to print a copy of it for your records.
After you electronically submit your application, you will
receive an automatic acknowledgment that will include a PR/Award number
(an identifying number unique to your application).
After you electronically submit your application, fax or
e-mail a signed copy of the cover pages, assurances, and the emergency
certification form for the Application for Impact Aid Discretionary
Construction Program--ARRA Grants to the Impact Aid Program after
following these steps:
(1) Print a copy of the application from e-Application for your
records.
(2) Have the applicant's Authorized Representative date and sign
the cover page and all of the assurance pages.
[[Page 41409]]
(3) Have the independent certifying official sign the certification
for the application.
(4) Place the PR/Award number in the upper right hand corner of the
hard-copy signature page of the Application for the ARRA Impact Aid
Discretionary Construction Program.
(5) Fax or e-mail the signed cover page, independent official
certification, and all assurances for the ARRA Impact Aid Discretionary
Construction Program by 12:00:00 midnight, Washington, DC time, on the
application deadline to the Impact Aid Program at 1-866-799-1272 or by
e-mail to Impact.Aid@ed.gov.
We may request that you provide us original signatures on
other forms at a later date.
Application Deadline Date Extension in Case of e-Application
Unavailability: If you are prevented from electronically submitting
your application on the application deadline date because e-Application
is unavailable, we will grant you an extension of one business day to
enable you to transmit your application electronically, by mail, or by
hand delivery. We will grant this extension if--
(1) You are a registered user of e-Application and you have
initiated an electronic application for this competition; and
(2)(a) E-Application is unavailable for 60 minutes or more between
the hours of 8:30 a.m. and 3:30 p.m., Washington, DC time, on the
application deadline date; or
(b) E-Application is unavailable for any period of time between
3:30 p.m. and 4:30:00 p.m., Washington, DC time, on the application
deadline date.
We must acknowledge and confirm these periods of unavailability
before granting you an extension. To request this extension or to
confirm our acknowledgment of any system unavailability, you may
contact either (1) the person listed elsewhere in this notice under FOR
FURTHER INFORMATION CONTACT (see VII. Agency Contact) or (2) the e-
Grants help desk at 1-888-336-8930. If E-Application is unavailable due
to technical problems with the system and therefore the application
deadline is extended, an e-mail will be sent to all registered users
who have initiated an e-Application. Extensions referred to in this
section apply only to the unavailability of e-Application.
Exception to Electronic Submission Requirement: You qualify for an
exception to the electronic submission requirement, and may submit your
application in paper format, if you are unable to submit an application
through e-Application because--
You do not have access to the Internet; or
You do not have the capacity to upload large documents to
e-Application; and
No later than two weeks before the application deadline
date (14 calendar days or, if the fourteenth calendar day before the
application deadline date falls on a Federal holiday, the next business
day following the Federal holiday), you mail or fax a written statement
to the Department, explaining which of the two grounds for an exception
prevent you from using the Internet to submit your application. If you
mail your written statement to the Department, it must be postmarked no
later than two weeks before the application deadline date. If you fax
your written statement to the Department, we must receive the faxed
statement no later than two weeks before the application deadline date.
Address and mail or fax your statement to: Kristen Walls-Rivas,
Impact Aid Program, U.S. Department of Education, 400 Maryland Avenue,
SW., Room 3C155, Washington, DC 20202-6244. FAX: 1-866-799-1272.
Your paper application must be submitted in accordance with the
mail or hand delivery instructions described in this notice.
b. Submission of Paper Applications by Mail
If you qualify for an exception to the electronic submission
requirement, you may mail (through the U.S. Postal Service or a
commercial carrier) your application to the Department. You must mail
the original and two copies of your application, on or before the
application deadline date, to the Department at the following address:
U.S. Department of Education, Impact Aid Program, Attention: (CFDA
Number 84.401), Room 3C155, 400 Maryland Avenue, SW., Washington, DC
20202-6244.
You must show proof of mailing consisting of one of the following:
(1) A legibly dated U.S. Postal Service postmark.
(2) A legible mail receipt with the date of mailing stamped by the
U.S. Postal Service.
(3) A dated shipping label, invoice, or receipt from a commercial
carrier.
(4) Any other proof of mailing acceptable to the Secretary of the
U.S. Department of Education.
If you mail your application through the U.S. Postal Service, we do
not accept either of the following as proof of mailing:
(1) A private metered postmark.
(2) A mail receipt that is not dated by the U.S. Postal Service.
If your application is postmarked after the application deadline
date, we will not consider your application.
Note: The U.S. Postal Service does not uniformly provide a dated
postmark. Before relying on this method, you should check with your
local post office.
c. Submission of Paper Applications by Hand Delivery
If you qualify for an exception to the electronic submission
requirement, you (or a courier service) may deliver your paper
application to the Department by hand. You must deliver the original
and two copies of your application, by hand, on or before the
application deadline date, to the Department at the following address:
U.S. Department of Education, Impact Aid Program, Attention: (CFDA
Number 84.401), Room 3C155, 400 Maryland Avenue, SW., Washington, DC
20202-6244.
The Impact Aid Program accepts hand deliveries daily between 8:00
a.m. and 4:30:00 p.m., Washington, DC time, except Saturdays, Sundays,
and Federal holidays.
Note for Mail or Hand Delivery of Paper Applications: If you
mail or hand deliver your application to the Department--
(1) You must indicate on the envelope--if not provided by the
Department--the CFDA number, including suffix letter, if any, of the
competition under which you are submitting your application; and
(2) The Impact Aid Program will mail to you a notification of
receipt of your grant application. If you do not receive this grant
notification within 15 business days from the application deadline
date, you should call the U.S. Department of Education Impact Aid
Program at (202) 260-3858.
V. Application Review Information
1. Selection Criteria: The selection criteria for this competition
are from section 805 of the ARRA and 20 U.S.C. 7707(b) as applicable
and are further clarified in 34 CFR 222.185 and 222.186 and are
described in the following paragraphs. The Secretary gives distinct
weight to the listed selection criteria. The maximum score for each
criterion is indicated in parentheses. Within each criterion, the
Secretary evaluates each factor equally, unless otherwise specified.
The maximum score that an application may receive for the selection
criteria is 100 points.
For emergency applications, the criteria and weights are as
follows:
(1) Need for project/severity of the school facility problem to be
addressed by the proposed project. (Up to 34 points)
(a) Identification of a valid emergency condition that threatens
the health and/
[[Page 41410]]
or safety of the facility's occupants and the severity of the emergency
condition. Applicants should describe the systems or areas of the
facility involved, e.g., HVAC, roof, floor, windows; the type of space
affected, such as instructional, resource, food service, recreational,
general support, or other areas; the percentage of building occupants
affected by the emergency; and the importance of the facility or
affected area to the instructional program.
(b) Impact of the emergency condition on the health and safety of
the building occupants or on program delivery.
(c) Project urgency or risk to occupants if the facility condition
is not addressed. Applicants should describe projected increased future
costs and effects on occupants if the condition is not addressed; the
anticipated effect of the proposed project on the useful life of the
facility or the future need for major construction; and the age and
condition of the facility and date of any previous renovation of
affected areas.
(2) Extent to which the proposed project addresses the emergency
condition. (Up to 26 points)
(a) Extent to which the described emergency condition is consistent
with the Independent Certification.
(b) Ability of the proposed project to respond to the emergency
condition. The readers will evaluate the extent to which the scope and
cost of the proposed project correspond with the identified emergency
condition.
(c) The justification for rebuilding, if proposed. The readers will
assess the validity of the justification for rebuilding a facility
instead of renovating it.
(3) The extent to which the project will use energy-efficient and
recyclable materials. (Up to 12 points total)
(4) The extent to which the project will use non-traditional or
alternative building methods and materials. (Up to 12 points total)
(a) Cost savings associated with the use of alternative building
methods and materials.
(b) Time savings associated with the use of alternative building
methods and materials.
(5) Ability to respond or pay. (Up to 16 points total)
(a) If an applicant is eligible because the applicant's assessed
value of real property per pupil is less than the State's average
assessed value per pupil, points will be distributed based on the LEA's
ranking within the State. The LEAs ranked below the State average will
be divided into quartiles. All sixteen points will be allocated to LEAs
in the quartile with the lowest average assessed value per pupil and
only four points will be allocated to LEAs in the quartile with the
highest average assessed value per pupil of those ranked. (Up to 16
points)
(b) If an applicant is eligible because the applicant's total
assessed value of real property is less than $100,000,000, points will
be distributed based on four groupings of LEAs in the State with total
assessed values of less than $100 million. LEAs with total assessed
values of less than $25,000,000 would receive 16 points. LEAs with
total assessed values between $25,000,000 and $50,000,000 would receive
12 points. LEAs with total assessed values between $50,000,000 and
$75,000,000 would receive 8 points. LEAs with total assessed values
between $75,000,000 and $99,999,999 would receive 4 points. (Up to 16
points)
For modernization applications, the criteria and weights are as
follows:
(1) Justification that the proposed project is a valid
modernization need because either:
The facility is unable to meet the needs of the current
enrollment (Example: The building capacity is 300 students while the
current enrollment is 350; three additional classrooms are needed to
meet State standards for capacity and a maximum 20-to-1 student/teacher
ratio.); or
The facility is unable to support the provision of a
comprehensive educational program to meet State standards (Example: The
State's high school graduation requirements include the completion of a
chemistry class but the facility has no science lab.) (Up to 34
points.)
(2) Extent to which the proposed project addresses the
modernization need. (Up to 26 points.)
(a) Project urgency in fiscal terms (Examples: The proposed project
will extend the useful life of the current facility on a cost-effective
basis, improve program quality with an updated facility, or delay the
need to replace the facility).
(b) Extent to which the described modernization need is consistent
with the Independent Certification.
(c) Ability of the proposed project to respond to the modernization
need. The readers will evaluate the extent to which the scope and cost
of the proposed project correspond with the identified modernization
need.
(d) The justification for rebuilding, if proposed. The readers will
assess the validity of the justification for rebuilding a facility
instead of renovating it.
(3) The extent to which the project will use energy-efficient and
recyclable materials. (Up to 12 points total)
(4) The extent to which the project will use alternative building
methods and materials. (Up to 12 points total)
(a) Cost savings associated with the use of alternative building
methods and materials.
(b) Time savings associated with the use of alternative building
methods and materials.
(5) Ability to respond or pay. (Up to 16 points total)
(a) If an applicant is eligible because the applicant's assessed
value of real property per pupil is less than the State's average
assessed value per pupil, points will be distributed based on the LEA's
ranking within the State. The LEAs ranked below the State average will
be divided into quartiles. All sixteen points will be allocated to LEAs
in the quartile with the lowest average assessed value per pupil and
only four points will be allocated to LEAs in the quartile with the
highest average assessed value per pupil of those ranked. (Up to 16
points)
(b) If an applicant is eligible because the applicant's total
assessed value of real property is less than $100,000,000, points will
be distributed based on four groupings of LEAs in the State with total
assessed values of less than $100 million. LEAs with total assessed
values of less than $25,000,000 would receive 16 points. LEAs with
total assessed values between $25,000,000 and $50,000,000 would receive
12 points. LEAs with total assessed values between $50,000,000 and
$75,000,000 would receive 8 points. LEAs with total assessed values
between $75,000,000 and $99,999,999 would receive 4 points. (Up to 16
points)
2. Review and Selection Process: Upon receipt, Impact Aid program
staff will screen all applications to eliminate any that do not meet
the eligibility requirements, are incomplete, exceed the page limit
requirement, are not properly formatted, or are late. Program staff
will also calculate the scores for each application under competitive
preference priorities 1 and 2 and criterion (5)--ability to respond or
pay. Panel reviewers will assess the applications under criteria (1),
(2), (3) and (4), and the feasibility of the proposed completion date
under competitive preference priority 2.
Applications are ranked based on the total number of points
received during the review process.
The Department may elect not to fund applications for an LEA based
on factors specified in 34 CFR 75.217, including the applicant's
performance and use of funds under a prior award.
[[Page 41411]]
VI. Award Administration Information
1. Award Notices: If your application is successful, we will notify
your U.S. Representative and U.S. Senators and send you a Grant Award
Notification (GAN). We may notify you informally, also.
If your application is not evaluated or not selected for funding,
we will notify you.
2. Administrative and National Policy Requirements: We identify
administrative and national policy requirements in the application
package and reference these and other requirements in the Applicable
Regulations section of this notice. In addition, there are a number of
ARRA requirements that are detailed in the ARRA Impact Aid Frequently
Asked Questions (FAQs), which can be accessed at the following site:
https://www.ed.gov/policy/gen/leg/recovery/guidance/impactaid.pdf. See
for example, FAQs 12 through 16 regarding reporting, infrastructure
investment certification, Buy American, and National Environmental
Protection Act provisions, and FAQs 19 through 21 regarding Davis-Bacon
wage, Indian Preference contract, and civil rights law requirements. We
anticipate providing further guidance on the infrastructure investment
certifications at a later time.
We reference the regulations outlining the terms and conditions of
an award in the Applicable Regulations section of this notice and
include these and other specific conditions in the GAN. The GAN also
incorporates the approved application as part of your binding
commitments under the grant.
3. Reporting: At the end of your project period, you must submit a
final performance report, including financial information, as directed
by the Secretary. If you receive a multi-year award, you must submit an
annual performance report that provides the most current performance
and financial expenditure information as directed by the Secretary
under 34 CFR 75.118. The Secretary may also require more frequent
performance reports under 34 CFR 75.720(c). In addition to the
reporting requirements specified in the regulations, there are
additional reporting requirements for these awards as specified under
section 1512 of ARRA.
Funds awarded through this program were appropriated under the
American Recovery and Reinvestment Act (ARRA) of 2009, Public Law 111-
5, and are subject to additional accountability and transparency
reporting requirements, which are described in section 1512(c) of the
ARRA. Recipients of ARRA funds must submit quarterly reports on the
expenditure of these funds no later than ten days after the end of each
calendar quarter through a centralized reporting Web site administered
by the Office of Management and Budget (OMB): https://www.federalreporting.gov. The information reported at this Web site
will be available to the Department, the White House, OMB and the
public on https://www.Recovery.gov.
At a minimum, an LEA should anticipate reporting:
The total amounts of ARRA funds received and expended or
obligated.
The name, description, and evaluation of the project or
activity's completion status.
An estimate of the number of jobs that were saved or
created with the funds.
Recipients will need to maintain accurate documentation of all ARRA
expenditures to ensure that the data reported are accurate, complete,
and reliable.
Additional guidance providing further detail on the quarterly
report will be provided at a later time.
4. Performance Measures: The condition of school facilities in LEAs
after completion of projects with grants under this program will be
compared to the reported condition before receipt of the grants. This
information will be obtained from the current Table 10 of the section
8003 application, which will be required for all grant recipients. The
measure is currently in place for the regular section 8007(b) program.
A second performance measure will identify the proportion of projects
funded with these grants that are completed within 24 months of the
awards.
VII. Agency Contact
For Further Information Contact: Kristen Walls-Rivas, Impact Aid
Program, U.S. Department of Education, 400 Maryland Avenue, SW., room
3C155, Washington, DC 20202-6244. Telephone: (202) 260-3858 or by e-
mail: Impact.Aid@ed.gov.
If you use a TDD, call the FRS, toll free, at 1-800-877-8339.
VIII. Other Information
Accessible Format: Individuals with disabilities can obtain this
document and a copy of the application package in an accessible format
(e.g., braille, large print, audiotape, or compact disc) on request to
the program contact person listed under FOR FURTHER INFORMATION CONTACT
in section VII of this notice.
Electronic Access to This Document: You can view this document, as
well as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF) on the
Internet at the following site: https://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC, area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at: https://www.gpoaccess.gov/nara/.
Delegation of Authority: The Secretary of Education has delegated
authority to Joseph C. Conaty, Director, Academic Improvement and
Teacher Quality Programs for the Office of Elementary and Secondary
Education to perform the functions of the Assistant Secretary for
Elementary and Secondary Education.
Dated: August 12, 2009.
Joseph C. Conaty,
Director, Academic Improvement and Teacher Quality Programs.
[FR Doc. E9-19694 Filed 8-14-09; 8:45 am]
BILLING CODE 4000-01-P