Applications for New Awards; Impact Aid Discretionary Construction Grant Program, 13646-13651 [2013-04692]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Notices]
[Pages 13646-13651]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04692]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Impact Aid Discretionary 
Construction Grant Program

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Notice.

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Overview Information

    Impact Aid Discretionary Construction Grant Program. Notice 
inviting applications for new awards for fiscal year (FY) 2013.

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.041C.

    Dates:
    Applications Available: February 28, 2013.
    Deadline for Transmittal of Applications: April 15, 2013.
    Deadline for Intergovernmental Review: June 13, 2013.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The Impact Aid Discretionary Construction Grant 
program provides grants for emergency repairs and modernization of 
school facilities to certain local educational agencies (LEAs) that 
receive Impact Aid formula funds.
    Priorities: In this notice, the Secretary is soliciting 
applications for Priority 1 and Priority 2 emergency repair grants 
only. We will not accept applications for any other priorities at this 
time.
    In accordance with 34 CFR 75.105(b)(2)(ii)and (iv), these 
priorities are from section 8007(b)(2)(A) of the Elementary and 
Secondary Education Act of 1965, as amended (Act) (20 U.S.C. 7707(b)), 
and the regulations for this program in 34 CFR 222.177-179.
    Absolute Priorities: For FY 2013, and any subsequent year in which 
we make awards from the list of unfunded applicants from this 
competition, these priorities are absolute priorities. Under 34 CFR 
75.105(c)(3) we consider only applications that meet one of these 
priorities.
    These priorities are:
    Priority 1--Emergency Repair Grants.
    An LEA is eligible to apply for an emergency grant under the first 
priority of section 8007(b) of the Act if it--
    (a) Is eligible to receive formula construction funds for the 
fiscal year under section 8007(a) of the Act (20 U.S.C. 7707(a));
    (b)(1) Has no practical capacity to issue bonds;
    (2) Has minimal capacity to issue bonds and has used at least 75 
percent of its bond limit; or
    (3) Is eligible to receive funds for the fiscal year for heavily 
impacted districts under section 8003(b)(2) of the Act (20 U.S.C. 
7707(b)(2)); and
    (c) Has a school facility emergency that the Secretary has 
determined poses a health or safety hazard to students and school 
personnel.
    Priority 2--Emergency Repair Grants.
    An LEA is eligible to apply for an emergency grant under the second 
priority of section 8007(b) of the Act if it--
    (a) Is eligible to receive funds for the fiscal year under section 
8003(b) of the Act;
    (b) (1) Enrolls federally connected children living on Indian lands 
equal to at least 40 percent of the total number of children in average 
daily attendance (ADA) in its schools; or
    (2) Enrolls federally connected children with a parent in the U.S. 
uniformed services equal to at least 40 percent of the total number of 
children in ADA in its schools;
    (c) Has used at least 75 percent of its bond limit;
    (d) Has an average per-student assessed value of real property 
available to be taxed for school purposes that is below its State 
average; and
    (e) Has a school facility emergency that the Secretary has 
determined poses a health or safety hazard to students and school 
personnel.
    Additionally, an LEA that is eligible to receive section 8003(b) 
assistance for the fiscal year but that does not meet the other 
criteria described in paragraphs (a) and (b) may apply under Priority 2 
on behalf of a school located within its geographic boundaries if--
    (a) The school--
    (1) Enrolls children living on Indian lands equal to at least 40 
percent of the total number of children in ADA; or
    (2) Enrolls children with a parent in the U.S. uniformed services 
equal to at least 40 percent of the total number of children in ADA;
    (b) The school has a school facility emergency that the Secretary 
has determined poses a health or safety hazard to students and school 
personnel;
    (c) The LEA has used at least 75 percent of its bond limit; and
    (d) The LEA has an average per-student assessed value of real 
property available to be taxed for school purposes that is below its 
State average.

    Program Authority: 20 U.S.C. 7707(b).

    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, 97, 98, and 99. (b) The 
Education Department suspension and debarment regulations in 2 CFR part 
3485. (c) The regulations for this program in 34 CFR part 222.

    Note: The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian tribes.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $4,138,125.
    Estimated Number of Awards: 2. Contingent upon the availability of 
funds and the quality of applications, we may make additional awards 
later in FY 2013 and in FY 2014 from the list of unfunded applicants 
from this competition.
    Estimated Range of Awards: $50,000 to $4,138,125.
    Estimated Average Size of Awards: $2,069,062.

    Note:  The Department is not bound by any estimates in this 
notice.

    Project Period: Up to 60 months. We will determine each project 
period based on the nature of the project proposed and the time needed 
to complete it. We will specify this period in the grant award 
document.

III. Eligibility Information

    1. Eligible Applicants:
    An LEA may qualify for an emergency grant under Priority 1 or 
Priority 2. a. Consistent with the requirements of Priority 1, an LEA 
is eligible to receive an emergency grant under the first priority of 
section 8007(b) of the Act if it--
    (1) Is eligible to receive formula construction funds for the 
fiscal year

[[Page 13647]]

under section 8007(a) of the Act (20 U.S.C. 7707(a)) because it enrolls 
a high percentage (at least 50 percent) of federally connected children 
in ADA who either reside on Indian lands or who have a parent on active 
duty in the U.S. uniformed services.
    (2)(i) Has no practical capacity to issue bonds (as defined in 34 
CFR 222.176);
    (ii) Has minimal capacity to issue bonds (as defined in 34 CFR 
222.176) and has used at least 75 percent of its bond limit; or
    (iii) Is eligible to receive funds for the fiscal year for heavily 
impacted districts under section 8003(b)(2) of the Act (20 U.S.C. 
7707(b)(2)); and
    (3) Has a school facility emergency that the Secretary has 
determined poses a health or safety hazard to students and school 
personnel.
    b.(1) Consistent with the requirements of Priority 2, an LEA is 
eligible to receive an emergency grant under the second priority of 
section 8007(b) of the Act if it--
    (i) Is eligible to receive funds for the fiscal year under section 
8003(b) of the Act;
    (ii)(A) Enrolls federally connected children living on Indian lands 
equal to at least 40 percent of the total number of children in ADA in 
its schools; or
    (B) Enrolls federally connected children with a parent in the U.S. 
uniformed services equal to at least 40 percent of the total number of 
children in ADA in its schools;
    (iii) Has used at least 75 percent of its bond limit;
    (iv) Has an average per-student assessed value of real property 
available to be taxed for school purposes that is below its State 
average; and
    (v) Has a school facility emergency that the Secretary has 
determined poses a health or safety hazard to students and school 
personnel.
    (2) Additionally, an LEA that is eligible to receive section 
8003(b) assistance for the fiscal year but that does not meet the 
criteria above may apply under Priority 2 on behalf of a school located 
within its geographic boundaries if--
    (i) The school--
    (A) Enrolls children living on Indian lands equal to at least 40 
percent of the total number of children in ADA; or
    (B) Enrolls children with a parent in the U.S. uniformed services 
equal to at least 40 percent of the total number of children in ADA;
    (ii) The school has a school facility emergency that the Secretary 
has determined poses a health or safety hazard to students and school 
personnel;
    (iii) The LEA has used at least 75 percent of its bond limit; and
    (iv) The LEA has an average per-student assessed value of real 
property available to be taxed for school purposes that is below its 
State average.
    2. a. Cost Sharing or Matching: In reviewing proposed awards, the 
Secretary considers the funds available to the grantee from other 
sources, including local, State, and other Federal funds. See 20 U.S.C. 
7707(b)(5)(A)(iii) and 34 CFR 222.174 and 222.191 through 222.193. 
Consistent with 34 CFR 222.192, an applicant will be required to submit 
the applicant's most recently available audited financial reports for 
three consecutive fiscal years, showing closing balances for all school 
funds. If significant balances (as detailed in 34 CFR 222.192) are 
available at the close of the applicant's FY 2012, or its most recently 
audited year, that are not obligated for other purposes, those funds 
will be considered available for the proposed emergency repair project. 
Available balances may reduce the amount of funds that may be awarded 
or eliminate the applicant's eligibility for an emergency grant award 
under this competition.
    b. Supplement-Not-Supplant: As outlined in 34 CFR 222.174, this 
competition involves supplement-not-supplant funding requirements. 
Grant funds under this competition 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: You can obtain an 
electronic application via the Internet at: www.G5.gov. For assistance, 
please contact Nyonu Wi Akamefula, Impact Aid Program, U.S. Department 
of Education, 400 Maryland Avenue SW., Room 3C121, Washington, DC 
20202-6244. Telephone: (202) 260-2410, Fax: 1-866-799-1273, or by 
email: Nyonuwi.Akamefula@ed.gov.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), 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 competition.
    3. Submission Dates and Times:
    Applications Available: February 28, 2013.
    Deadline for Transmittal of Applications: April 15, 2013.
    Applications for grants under this competition must be submitted 
electronically using G5, the Department's grant management system, 
accessible through the Department's G5 site. For information (including 
dates and times) about how to submit your application electronically, 
or in paper format by mail or hand delivery if you qualify for an 
exception to the electronic submission requirement, please refer to 
section IV. 7. Other Submission Requirements of this notice.
    We do not consider any 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. If the Department provides an accommodation or 
auxiliary aid to an individual with a disability in connection with the 
application process, the individual's application remains subject to 
all other requirements and limitations in this notice. Deadline for 
Intergovernmental Review: June 13, 2013.
    4. Intergovernmental Review: This competition 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 
competition.
    5. Funding Restrictions: Except for applicants with no practical 
capacity to issue bonds, as defined in 34 CFR 222.176, an eligible 
applicant's award amount may not be more than 50 percent of the total 
cost of an approved project and the total amount of grant funds may not 
exceed $4 million during any four-year period. See 34 CFR 222.193. For 
example, an LEA that is awarded $4 million in the first year may not 
receive any additional funds for the following three years. Applicants 
may submit only one application for one educational facility as 
provided by 34 CFR 222.183. If an applicant submits more than one 
application, the Department will consider only the first submission, as 
determined by the G5 e-application system. Grant recipients must, in 
accordance with Federal, State, and local laws, use emergency grants 
for

[[Page 13648]]

permissible construction activities at public elementary and secondary 
school facilities. The scope of the project for a selected facility 
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 (prohibited activities).
    We reference additional regulations outlining funding restrictions 
in the Applicable Regulations section of this notice.
    6. Data Universal Numbering System Number, Taxpayer Identification 
Number, Central Contractor Registry, and System for Award Management: 
To do business with the Department of Education, you must--
    a. Have a Data Universal Numbering System (DUNS) number and a 
Taxpayer Identification Number (TIN);
    b. Register both your DUNS number and TIN with the Central 
Contractor Registry (CCR)--and, after July 24, 2012, with the System 
for Award Management (SAM), the Government's primary registrant 
database;
    c. Provide your DUNS number and TIN on your application; and
    d. Maintain an active CCR or SAM registration with current 
information while your application is under review by the Department 
and, if you are awarded a grant, during the project period.
    You can obtain a DUNS number from Dun and Bradstreet. A DUNS number 
can be created within one business day.
    If you are a corporate entity, agency, institution, or 
organization, you can obtain a TIN from the Internal Revenue Service. 
If you are an individual, you can obtain a TIN from the Internal 
Revenue Service or the Social Security Administration. If you need a 
new TIN, please allow 2-5 weeks for your TIN to become active.
    The CCR or SAM registration process may take five or more business 
days to complete. If you are currently registered with the CCR, you may 
not need to make any changes. However, please make certain that the TIN 
associated with your DUNS number is correct. Also note that you will 
need to update your registration annually. This may take three or more 
business days to complete. Information about SAM is available at 
SAM.gov.
    7. 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 Impact Aid Discretionary 
Construction Grant Program--CFDA 84.041C, must be submitted 
electronically using the G5 system, accessible through the Department's 
G5 site at www.G5.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 email an 
electronic copy of a grant application to us.
    Please note the following:
     You must complete the electronic submission of your grant 
application by midnight, Washington, DC time, on the application 
deadline date. G5 will not accept an application for this competition 
after 11:59:59 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 G5 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 G5 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 Discretionary Construction Program under Section 
8007(b) and all necessary signature pages.
     You must upload any narrative sections and all other 
attachments to your application as files in a PDF (Portable Document) 
read-only, non-modifiable format. Do not upload an interactive or 
fillable PDF file. If you upload a file type other than a read-only, 
non-modifiable PDF 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).
     By the application deadline date, you must fax or email a 
signed copy of the cover page and the independent emergency 
certification form for the Application for Discretionary Construction 
Program under Section 8007(b) to the Impact Aid Program after following 
these steps:
    (1) Print a copy of the application from G5 for your records.
    (2) The applicant's Authorizing Representative must sign and date 
the cover page. The local certifying official must sign the 
certification for an emergency application. These forms must be 
submitted by the application deadline in order to be considered for 
funding under this program.
    (3) Place the PR/Award number in the upper right hand corner of the 
hard-copy signature page of the Application for Discretionary 
Construction Program under Section 8007(b).
    (4) Fax or email the signed cover page and independent emergency 
certification for the Discretionary Construction Program under Section 
8007(b) to the Impact Aid Program at 1-866-799-1273 or by email to 
Impact.Aid@ed.gov. These forms must be submitted before midnight, 
Washington, DC time, of the application deadline in order to be 
considered for funding under this program.
     We may request that you provide us original signatures on 
other forms at a later date.
    Application Deadline Date Extension in Case of G5 System 
Unavailability: If you are prevented from electronically submitting 
your application on the application deadline date because the G5 system 
is unavailable, we will grant you an extension until midnight, 
Washington, DC time, the following business day to enable you to 
transmit your application electronically, by mail,

[[Page 13649]]

or by hand delivery. We will grant this extension if--
    (1) You are a registered user of the G5 system and you have 
initiated an electronic application for this competition; and
    (2)(a) G5 is unavailable for 60 minutes or more between the hours 
of 8:30 a.m. and 11:00 p.m., Washington, DC time, on the application 
deadline date; or
    (b) G5 is unavailable for any period of time between 11:00 p.m. and 
midnight, 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 G5 
help desk at 1-888-336-8930. If G5 is unavailable due to technical 
problems with the system and, therefore, the application deadline is 
extended, an email will be sent to all registered users who have 
initiated a G5 application. Extensions referred to in this section 
apply only to the unavailability of the G5 system.
    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 the G5 system because--
     You do not have access to the Internet; or
     You do not have the capacity to upload large documents to 
G5; 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 
prevents 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: Nyonu Wi Akamefula, 
Impact Aid Program, U.S. Department of Education, 400 Maryland Avenue 
SW., room 3C121, Washington, DC 20202-6244. Phone: 202-260-2410. FAX: 
1-866-799-1273.
    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 84.041C), Room 3C121, 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 84.041C), Room 3C121, 400 Maryland Avenue SW., Washington, DC 
20202-6244.
    The Impact Aid Program accepts hand deliveries daily between 8:00 
a.m. and 4:30 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 based on 20 U.S.C. 7707(b)(4) and (b)(6), as further clarified in 
34 CFR 222.183 and 222.187 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 is 100 points.
    (1) Need for project/severity of the school facility problem to be 
addressed by the proposed project (30 points).
    (a) Justification that the proposed project will address a valid 
emergency, and consistency of the emergency description and the 
proposed project with the certifying local official's statement (15 
points).
    (b) Impact of the emergency condition on the health and safety of 
the building occupants or on program delivery. 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 (15 points).
    (2) Project urgency (28 points).
    (a) Risk to occupants if the facility condition is not addressed. 
Applicants should describe: Projected increased future costs; the 
anticipated effect of the proposed project on the useful life of the 
facility or the need for major construction; and the age and condition 
of the facility and date of last renovation of affected areas.
    (b) The justification for rebuilding, if proposed.
    (3) Effects of Federal presence (30 points total).
    (a) Amount of non-taxable Federal property in the applicant LEA

[[Page 13650]]

(percentage of Federal property divided by 10) (10 points).
    (b) The number of federally connected children identified in 
section 8003(a)(1)(A), (B), (C), and (D) of the Act in the LEA 
(percentage of identified children in LEA divided by 10) (10 points).
    (c) The number of federally connected children identified in 
section 8003(a)(1)(A), (B), (C), and (D) of the Act in the school 
facility (percentage of identified children in school facility divided 
by 10) (10 points).
    (4) Ability to respond or pay (12 points total).
    (a) The percentage of its bonding capacity used by the LEA. Four 
points will be distributed based on this percentage so that an LEA that 
has used 100 percent of its bonding capacity receives all four points, 
and an LEA that has used less than 25 percent of its bond limit 
receives only one point. LEAs that do not have limits on bonded 
indebtedness established by their States will be evaluated by assuming 
that their bond limit is 10 percent of the assessed value of real 
property in the LEA. LEAs deemed to have no practical capacity to issue 
bonds will receive all four points (4 points).
    (b) Assessed value of real property per student (applicant LEA's 
total assessed valuation of real property per pupil as a percentile 
ranking of all LEAs in the State). Points will be distributed by 
providing all four points to LEAs in the State's poorest quartile and 
only one point to LEAs in the State's wealthiest quartile (4 points).
    (c) Total tax rate for capital or school purposes (applicant LEA's 
tax rate for capital or school purposes as a percentile ranking of all 
LEAs in the State). If the State authorizes a tax rate for capital 
expenditures, then these data must be used; otherwise, data on the 
total tax rate for school purposes are used. Points will be distributed 
by providing all four points to LEAs in the State's highest-taxing 
quartile and only one point to LEAs in the State's lowest-taxing 
quartile (4 points).
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
also requires various assurances including those applicable to Federal 
civil rights laws that prohibit discrimination in programs or 
activities receiving Federal financial assistance from the Department 
of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    Upon receipt, Impact Aid program staff will screen all applications 
to eliminate any applications that do not meet the eligibility 
standards, are incomplete, or are late. Applications that do not 
include a signed cover page and a signed independent emergency 
certification submitted by fax or email before midnight, Washington, DC 
time on the application deadline are considered incomplete and will not 
be considered for funding. Program staff will also calculate the scores 
for each application under criteria (3) and (4). Panel reviewers will 
assess the applications under criteria (1) and (2).
    (a) Applications are ranked based on the total number of points 
received during the review process. Those with the highest scores will 
be at the top of the funding slate.
    (b) Applicants may submit only one application for one educational 
facility. If an applicant submits multiple applications, the Department 
will only consider the first sequentially submitted application, as 
provided under 34 CFR 222.183.
    (c) For applicants that request funding for new construction and 
that are selected for funding, the Department will require a 
feasibility of construction study prior to making an award 
determination. This independent third-party study must demonstrate that 
the area upon which the construction will occur is suitable for 
construction and will be able to sustain the new facility or addition. 
This study should include information to show that the soil is stable, 
the site is suitable for construction, and the existing infrastructure 
can serve and sustain the new facility.
    3. Special Conditions: Under 34 CFR 74.14 and 80.12, the Secretary 
may impose special conditions on a grant if the applicant or grantee is 
not financially stable; has a history of unsatisfactory performance; 
has a financial or other management system that does not meet the 
standards in 34 CFR parts 74 or 80, as applicable; has not fulfilled 
the conditions of a prior grant; or is otherwise not responsible.

VI. Award Administration Information

    1. Award Notices: If your application is successful, we 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 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.
    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 your approved application as part of your binding 
commitments under the grant.
    3. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) 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). For specific requirements on reporting, 
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
    4. Performance Measures: The Department has established the 
following performance measure for this program: An increasing 
percentage of LEAs receiving Impact Aid Construction funds will report 
that the overall condition of their school buildings is adequate. Data 
for this measure will be reported to the Department on Table 10 of the 
application for Impact Aid Section 8003 Basic Support Payments.

VII. Agency Contact

FOR FURTHER INFORMATION CONTACT: Nyonu Wi Akamefula, Impact Aid 
Program, U.S. Department of Education, 400 Maryland Avenue SW., room 
3C121, Washington, DC 20202-6244. Telephone: (202) 260-2410 or by 
email: Impact.Aid@ed.gov.
    If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-
8339.

[[Page 13651]]

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: 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 via 
the Federal Digital System at: www.gpo.gov/fdsys. At this site 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). To use PDF you must have Adobe Acrobat Reader, which is 
available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: February 25, 2013.
Deborah S. Delisle,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2013-04692 Filed 2-27-13; 8:45 am]
BILLING CODE 4000-01-P