Applications for New Awards; Impact Aid Discretionary Construction Grant Program, 33894-33898 [2017-15389]

Download as PDF 33894 Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Notices Dated: July 18, 2017. Margo Anderson, Acting Assistant Deputy Secretary for Innovation and Improvement. [FR Doc. 2017–15359 Filed 7–20–17; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF EDUCATION Applications for New Awards; Impact Aid Discretionary Construction Grant Program Office of Elementary and Secondary Education, Department of Education. ACTION: Notice. AGENCY: The Department of Education is issuing a notice inviting applications for fiscal year (FY) 2017 for the Impact Aid Discretionary Construction Grant Program, Catalog of Federal Domestic Assistance (CFDA) number 84.041C. DATES: Applications Available: July 21, 2017. Deadline for Transmittal of Applications: September 15, 2017. Deadline for Intergovernmental Review: November 14, 2017. FOR FURTHER INFORMATION CONTACT: Amanda Ognibene, Impact Aid Program, U.S. Department of Education, 400 Maryland Avenue SW., Room 3C129, Washington, DC 20202–6244. Telephone: 202–260–3858 or by email: Amanda.Ognibene@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. SUMMARY: SUPPLEMENTARY INFORMATION: Full Text of Announcement sradovich on DSK3GMQ082PROD with NOTICES 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. Priority: In accordance with 34 CFR 75.105(b)(2)(ii) and (iv), this priority is from section 7007(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. Absolute Priority: For FY 2017 and any subsequent year in which we make awards from the list of unfunded applications from this competition, this priority is an absolute priority. Under 34 CFR 75.105(c)(3) we consider only applications that meet this priority and VerDate Sep<11>2014 19:50 Jul 20, 2017 Jkt 241001 otherwise follow the applicable funding provisions in 34 CFR 222.189. This priority is: Emergency Repair Grants. An LEA is eligible to apply for and receive an emergency grant under this priority if it— (a) Is eligible to receive formula construction funds for the fiscal year under section 7007(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 7003(b)(2) of the Act (20 U.S.C. 7707(b)(2)); and (c) Has a school facility emergency that the Secretary has determined, consistent with 34 CFR 222.172(a) and 222.173, poses a health or safety hazard to students and school personnel. 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, 82, 84, 97, 98, and 99. (b) The Office of Management and Budget Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as regulations of the Department in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted and amended as regulations of the Department in 2 CFR part 3474. (d) The regulations for this program in 34 CFR part 222. II. Award Information Type of Award: Discretionary grants. Estimated Available Funds: $17,400,000. Contingent upon the availability of funds and the quality of applications, we may make additional awards in FY 2018 from the list of unfunded applications from this competition. Estimated Range of Awards: $60,000– $6,000,000. Estimated Average Size of Awards: $2,175,000. Estimated Number of Awards: 8. 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. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 III. Eligibility Information 1. Eligible Applicants: An LEA must meet the absolute priority in this notice. An LEA is eligible to receive an emergency grant under the priority if it— (a) Is eligible to receive formula construction funds for the fiscal year under section 7007(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 average daily attendance (ADA) who either reside on Indian lands or who have a parent on active duty in the U.S. uniformed services. (b)(1) Has no practical capacity to issue bonds (as defined in 34 CFR 222.176); (2) 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 (3) Is eligible to receive funds for the fiscal year for heavily impacted districts under section 7003(b)(2) of the Act (20 U.S.C. 7703(b)(2)); and (c) Has a school facility emergency that the Secretary has determined, consistent with 34 CFR 222.172(a) and 222.173, poses a health or safety hazard to students and school personnel. 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 2016, 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: This competition involves supplement-notsupplant funding requirements. As outlined in 34 CFR 222.174, grant funds under this competition may not be used to supplant or replace other available non-Federal construction money. E:\FR\FM\21JYN1.SGM 21JYN1 Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Notices sradovich on DSK3GMQ082PROD with NOTICES 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 Amanda Ognibene, Impact Aid Program, U.S. Department of Education, 400 Maryland Avenue SW., Room 3C129, Washington, DC 20202–6244. Telephone: (202) 260–3858, FAX: (866) 799–1273, or by email: Amanda.Ognibene@ed.gov. If you use a TDD or a TTY, call the 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 listed under FOR FURTHER INFORMATION CONTACT. 2. Content and Form of Application Submission: Requirements concerning the content and form 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: July 21, 2017. Deadline for Transmittal of Applications: September 15, 2017. 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 Other Submission Requirements in section IV of this notice. We do 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. 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: November 15, 2017. 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 VerDate Sep<11>2014 19:50 Jul 20, 2017 Jkt 241001 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 eapplication system. Grant recipients must, in accordance with Federal, State, and local laws, use emergency grants for 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, 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 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 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 at the following Web site: https://fedgov.dnb.com/ webform. A DUNS number can be created within one to two business days. 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 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 33895 Revenue Service or the Social Security Administration. If you need a new TIN, please allow two to five weeks for your TIN to become active. The SAM registration process can take approximately seven business days, but may take upwards of several weeks, depending on the completeness and accuracy of the data you enter into the SAM database. Thus, if you think you might want to apply for Federal financial assistance under a program administered by the Department, please allow sufficient time to obtain and register your DUNS number and TIN. We strongly recommend that you register early. Note: Once your SAM registration is active, it may be 24 to 48 hours before you can access the information in, and submit an application through, Grants.gov. If you are currently registered with SAM, 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. Information about SAM is available at www.SAM.gov. To further assist you with obtaining and registering your DUNS number and TIN in SAM or updating your existing SAM account, we have prepared a SAM.gov Tip Sheet, which you can find at: https:// www2.ed.gov/fund/grant/apply/samfaqs.html. 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 number 84.041C, must be submitted electronically using the G5 system, accessible through the Department’s G5 site at: www.G5.gov. 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. 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. E:\FR\FM\21JYN1.SGM 21JYN1 sradovich on DSK3GMQ082PROD with NOTICES 33896 Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Notices 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. 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 9:00 p.m. Wednesday; and 6:00 a.m. Thursday until 3:00 p.m. Sunday, Washington, DC time. Please note that, because of maintenance, the system is unavailable between 3:00 p.m. on Sundays and 6:00 a.m. on Mondays, and between 9:00 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 7007(b) and all necessary signature pages. • You must upload any narrative sections and all other attachments to your application as files in a read-only, flattened Portable Document Format. Do not upload an interactive or fillable PDF file. If you upload a file type other than a read-only, flattened PDF (e.g., Word, Excel, WordPerfect, etc.) or submit a password-protected file, we will not review that material. Please note that this could result in your application not being considered for funding because the material in question—for example, the application narrative—is critical to a meaningful review of your proposal. For that reason it is important to allow yourself adequate time to upload all material as PDF files. The Department will not convert material from other formats to PDF. • Prior to submitting your electronic application, you may wish to print a copy of it for your records. VerDate Sep<11>2014 19:50 Jul 20, 2017 Jkt 241001 • After you electronically submit your application, you will receive an automatic acknowledgment that will include a unique PR/Award number for your application. • By the application deadline date, you must fax or email to the Impact Aid Program a signed copy of the cover page and the independent emergency certification form for the Application for Discretionary Construction Program under Section 7007(b) 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 hardcopy signed cover page of the application. (4) Fax or email the signed cover page and independent emergency certification 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, 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 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 unavailability, you may contact either (1) the person listed under FOR FURTHER INFORMATION 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: Amanda Ognibene, Impact Aid Program, U.S. Department of Education, 400 Maryland Avenue SW., Room 3C129, Washington, DC 20202– 6244. Telephone: 202–260–3858. 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 3C129, 400 Maryland E:\FR\FM\21JYN1.SGM 21JYN1 Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Notices 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. 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. We will not consider applications postmarked after the application deadline date. sradovich on DSK3GMQ082PROD with NOTICES 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 3C129, 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: Consistent with 34 CFR 75.209, the selection criteria for this competition are from the applicable statutory and regulatory provisions as VerDate Sep<11>2014 19:50 Jul 20, 2017 Jkt 241001 indicated after each criterion. 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. (a) Severity of the school facility problem to be addressed by the proposed project (34 CFR 222.189(a)(1)) (Maximum 30 points). (i) Justification that the proposed emergency project will address a deficiency that poses a health or safety hazard to occupants of the facility, and consistency of the emergency description and the proposed project with the certifying local official’s statement (34 CFR 222.185(a) and (c)) (15 points). (ii) Impact of the emergency condition on the health and safety of the building occupants and how free public education program delivery in the instructional school facility is adversely affected (34 CFR 222.172, 222.173, 222.176, and 222.185(b)). 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). (b) Project urgency (Maximum 28 points). (i) Risk to occupants if the facility condition is not addressed (34 CFR 222.176, definition of ‘‘emergency’’). 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. (ii) The justification for rebuilding, if proposed (34 CFR 222.172(c)). (c) Effects of Federal presence (section 7007(b)(4)(B) and (C) and 34 CFR 222.184(b)) (Maximum 30 points). (i) Amount of non-taxable Federal property in the applicant LEA (percentage of Federal property divided by 10) (10 points). (ii) The number of federally connected children identified in section 7003(a)(1)(A), (B), (C), and (D) of the Act in the LEA (percentage of identified children in LEA divided by 10) (10 points). (iii) The number of federally connected children identified in section 7003(a)(1)(A), (B), (C), and (D) of the Act in the school facility (percentage of PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 33897 identified children in school facility divided by 10) (10 points). (d) Ability to respond or pay (section 7007(b)(4)(A)) (Maximum 12 points). (i) The percentage of its bonding capacity used by the LEA. Four points will be distributed based on this percentage such that: Four points will be given to an LEA that has used 75 percent or more of its bonding capacity; three points will be given to an LEA that has used 50 percent to 74 percent of its bonding capacity; two points will be given to an LEA that has used 25 percent to 49 percent of its bonding capacity; and one point will be given to an LEA that has used less than 25 percent of its bond limit. 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). (ii) 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). (iii) 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 lowesttaxing quartile (4 points). 2. Review and Selection Process: (a) 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 requires various assurances including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial E:\FR\FM\21JYN1.SGM 21JYN1 sradovich on DSK3GMQ082PROD with NOTICES 33898 Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Notices assistance from the Department of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23). (b) 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 (c) and (d). Panel reviewers will assess the applications under criteria (a) and (b). (c) 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. (d) 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. 3. Risk Assessment and Special Conditions: Consistent with 2 CFR 200.205, before awarding grants under this program the Department conducts a review of the risks posed by applicants. Under 2 CFR 3474.10, the Secretary may impose special conditions and, in appropriate circumstances, high-risk 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 2 CFR part 200, subpart D; has not fulfilled the conditions of a prior grant; or is otherwise not responsible. 4. Integrity and Performance System: If you are selected under this competition to receive an award that over the course of the project period may exceed the simplified acquisition threshold (currently $150,000), under 2 CFR 200.205(a)(2) we must make a judgment about your integrity, business ethics, and record of performance under Federal awards—that is, the risk posed by you as an applicant—before we make an award. In doing so, we must consider any information about you that is in the integrity and performance system (currently referred to as the Federal Awardee Performance and Integrity Information System (FAPIIS)), accessible through SAM. You may review and comment on any information about yourself that a Federal agency previously entered and that is currently in FAPIIS. VerDate Sep<11>2014 19:50 Jul 20, 2017 Jkt 241001 Please note that, if the total value of your currently active grants, cooperative agreements, and procurement contracts from the Federal Government exceeds $10,000,000, the reporting requirements in 2 CFR part 200, Appendix XII, require you to report certain integrity information to FAPIIS semiannually. Please review the requirements in 2 CFR part 200, Appendix XII, if this grant plus all the other Federal funds you receive exceed $10,000,000. 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); or we may send you an email containing a link to access an electronic version of your 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 multiyear 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 PO 00000 Frm 00035 Fmt 4703 Sfmt 9990 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 7003 Basic Support Payments. 5. Feasibility Study: 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 chosen construction site is viable and the infrastructure will be able to sustain the new facility or addition. VII. 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. 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 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: July 18, 2017. Jason Botel, Acting Assistant Secretary for Elementary and Secondary Education. [FR Doc. 2017–15389 Filed 7–20–17; 8:45 am] BILLING CODE 4000–01–P E:\FR\FM\21JYN1.SGM 21JYN1

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[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)]
[Notices]
[Pages 33894-33898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15389]


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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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SUMMARY: The Department of Education is issuing a notice inviting 
applications for fiscal year (FY) 2017 for the Impact Aid Discretionary 
Construction Grant Program, Catalog of Federal Domestic Assistance 
(CFDA) number 84.041C.

DATES: Applications Available: July 21, 2017.
    Deadline for Transmittal of Applications: September 15, 2017.
    Deadline for Intergovernmental Review: November 14, 2017.

FOR FURTHER INFORMATION CONTACT: Amanda Ognibene, Impact Aid Program, 
U.S. Department of Education, 400 Maryland Avenue SW., Room 3C129, 
Washington, DC 20202-6244. Telephone: 202-260-3858 or by email: 
Amanda.Ognibene@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.

SUPPLEMENTARY INFORMATION: 

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.
    Priority: In accordance with 34 CFR 75.105(b)(2)(ii) and (iv), this 
priority is from section 7007(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.
    Absolute Priority: For FY 2017 and any subsequent year in which we 
make awards from the list of unfunded applications from this 
competition, this priority is an absolute priority. Under 34 CFR 
75.105(c)(3) we consider only applications that meet this priority and 
otherwise follow the applicable funding provisions in 34 CFR 222.189.
    This priority is:
    Emergency Repair Grants.
    An LEA is eligible to apply for and receive an emergency grant 
under this priority if it--
    (a) Is eligible to receive formula construction funds for the 
fiscal year under section 7007(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 7003(b)(2) of the Act (20 U.S.C. 
7707(b)(2)); and
    (c) Has a school facility emergency that the Secretary has 
determined, consistent with 34 CFR 222.172(a) and 222.173, poses a 
health or safety hazard to students and school personnel.
    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, 82, 84, 97, 98, and 99. (b) The 
Office of Management and Budget Guidelines to Agencies on 
Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 
180, as adopted and amended as regulations of the Department in 2 CFR 
part 3485. (c) The Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards in 2 CFR part 
200, as adopted and amended as regulations of the Department in 2 CFR 
part 3474. (d) The regulations for this program in 34 CFR part 222.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $17,400,000.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in FY 2018 from the list of 
unfunded applications from this competition.
    Estimated Range of Awards: $60,000-$6,000,000.
    Estimated Average Size of Awards: $2,175,000.
    Estimated Number of Awards: 8.

    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 must meet the absolute priority in 
this notice. An LEA is eligible to receive an emergency grant under the 
priority if it--
    (a) Is eligible to receive formula construction funds for the 
fiscal year under section 7007(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 average daily attendance (ADA) who either reside 
on Indian lands or who have a parent on active duty in the U.S. 
uniformed services.
    (b)(1) Has no practical capacity to issue bonds (as defined in 34 
CFR 222.176);
    (2) 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
    (3) Is eligible to receive funds for the fiscal year for heavily 
impacted districts under section 7003(b)(2) of the Act (20 U.S.C. 
7703(b)(2)); and
    (c) Has a school facility emergency that the Secretary has 
determined, consistent with 34 CFR 222.172(a) and 222.173, poses a 
health or safety hazard to students and school personnel.
    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 2016, 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: This competition involves supplement-
not-supplant funding requirements. As outlined in 34 CFR 222.174, grant 
funds under this competition may not be used to supplant or replace 
other available non-Federal construction money.

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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 Amanda Ognibene, Impact Aid Program, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 3C129, Washington, DC 20202-
6244. Telephone: (202) 260-3858, FAX: (866) 799-1273, or by email: 
Amanda.Ognibene@ed.gov.
    If you use a TDD or a TTY, call the 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 listed under FOR FURTHER 
INFORMATION CONTACT.
    2. Content and Form of Application Submission: Requirements 
concerning the content and form 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: July 21, 2017.
    Deadline for Transmittal of Applications: September 15, 2017.
    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 Other 
Submission Requirements in section IV of this notice.
    We do 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. 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: November 15, 2017.
    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 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, 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 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 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 at the 
following Web site: https://fedgov.dnb.com/webform. A DUNS number can be 
created within one to two business days.
    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 two to five weeks for your TIN to become active.
    The SAM registration process can take approximately seven business 
days, but may take upwards of several weeks, depending on the 
completeness and accuracy of the data you enter into the SAM database. 
Thus, if you think you might want to apply for Federal financial 
assistance under a program administered by the Department, please allow 
sufficient time to obtain and register your DUNS number and TIN. We 
strongly recommend that you register early.

    Note: Once your SAM registration is active, it may be 24 to 48 
hours before you can access the information in, and submit an 
application through, Grants.gov.

    If you are currently registered with SAM, 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.
    Information about SAM is available at www.SAM.gov. To further 
assist you with obtaining and registering your DUNS number and TIN in 
SAM or updating your existing SAM account, we have prepared a SAM.gov 
Tip Sheet, which you can find at: https://www2.ed.gov/fund/grant/apply/sam-faqs.html.
    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 number 84.041C, must be submitted 
electronically using the G5 system, accessible through the Department's 
G5 site at: www.G5.gov. 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.
    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.

[[Page 33896]]

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.
    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 9:00 p.m. Wednesday; and 6:00 a.m. Thursday until 3:00 
p.m. Sunday, Washington, DC time. Please note that, because of 
maintenance, the system is unavailable between 3:00 p.m. on Sundays and 
6:00 a.m. on Mondays, and between 9:00 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 
7007(b) and all necessary signature pages.
     You must upload any narrative sections and all other 
attachments to your application as files in a read-only, flattened 
Portable Document Format. Do not upload an interactive or fillable PDF 
file. If you upload a file type other than a read-only, flattened PDF 
(e.g., Word, Excel, WordPerfect, etc.) or submit a password-protected 
file, we will not review that material. Please note that this could 
result in your application not being considered for funding because the 
material in question--for example, the application narrative--is 
critical to a meaningful review of your proposal. For that reason it is 
important to allow yourself adequate time to upload all material as PDF 
files. The Department will not convert material from other formats to 
PDF.
     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 unique PR/Award 
number for your application.
     By the application deadline date, you must fax or email to 
the Impact Aid Program a signed copy of the cover page and the 
independent emergency certification form for the Application for 
Discretionary Construction Program under Section 7007(b) 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 signed cover page of the application.
    (4) Fax or email the signed cover page and independent emergency 
certification 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, 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 under FOR FURTHER INFORMATION 
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: Amanda Ognibene, Impact 
Aid Program, U.S. Department of Education, 400 Maryland Avenue SW., 
Room 3C129, Washington, DC 20202-6244. Telephone: 202-260-3858. 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 3C129, 400 Maryland

[[Page 33897]]

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.

    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.
    We will not consider applications postmarked after the 
application deadline date.

    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 3C129, 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: Consistent with 34 CFR 75.209, the selection 
criteria for this competition are from the applicable statutory and 
regulatory provisions as indicated after each criterion. 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.
    (a) Severity of the school facility problem to be addressed by the 
proposed project (34 CFR 222.189(a)(1)) (Maximum 30 points).
    (i) Justification that the proposed emergency project will address 
a deficiency that poses a health or safety hazard to occupants of the 
facility, and consistency of the emergency description and the proposed 
project with the certifying local official's statement (34 CFR 
222.185(a) and (c)) (15 points).
    (ii) Impact of the emergency condition on the health and safety of 
the building occupants and how free public education program delivery 
in the instructional school facility is adversely affected (34 CFR 
222.172, 222.173, 222.176, and 222.185(b)). 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).
    (b) Project urgency (Maximum 28 points).
    (i) Risk to occupants if the facility condition is not addressed 
(34 CFR 222.176, definition of ``emergency''). 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.
    (ii) The justification for rebuilding, if proposed (34 CFR 
222.172(c)).
    (c) Effects of Federal presence (section 7007(b)(4)(B) and (C) and 
34 CFR 222.184(b)) (Maximum 30 points).
    (i) Amount of non-taxable Federal property in the applicant LEA 
(percentage of Federal property divided by 10) (10 points).
    (ii) The number of federally connected children identified in 
section 7003(a)(1)(A), (B), (C), and (D) of the Act in the LEA 
(percentage of identified children in LEA divided by 10) (10 points).
    (iii) The number of federally connected children identified in 
section 7003(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).
    (d) Ability to respond or pay (section 7007(b)(4)(A)) (Maximum 12 
points).
    (i) The percentage of its bonding capacity used by the LEA. Four 
points will be distributed based on this percentage such that: Four 
points will be given to an LEA that has used 75 percent or more of its 
bonding capacity; three points will be given to an LEA that has used 50 
percent to 74 percent of its bonding capacity; two points will be given 
to an LEA that has used 25 percent to 49 percent of its bonding 
capacity; and one point will be given to an LEA that has used less than 
25 percent of its bond limit. 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).
    (ii) 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).
    (iii) 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: (a) 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 
requires various assurances including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial

[[Page 33898]]

assistance from the Department of Education (34 CFR 100.4, 104.5, 
106.4, 108.8, and 110.23).
    (b) 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 (c) and (d). Panel reviewers will 
assess the applications under criteria (a) and (b).
    (c) 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.
    (d) 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.
    3. Risk Assessment and Special Conditions: Consistent with 2 CFR 
200.205, before awarding grants under this program the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
3474.10, the Secretary may impose special conditions and, in 
appropriate circumstances, high-risk 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 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    4. Integrity and Performance System: If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$150,000), under 2 CFR 200.205(a)(2) we must make a judgment about your 
integrity, business ethics, and record of performance under Federal 
awards--that is, the risk posed by you as an applicant--before we make 
an award. In doing so, we must consider any information about you that 
is in the integrity and performance system (currently referred to as 
the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through SAM. You may review and comment on any 
information about yourself that a Federal agency previously entered and 
that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.

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); or we may send you an email containing a link to 
access an electronic version of your 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 multiyear 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 7003 Basic Support Payments.
    5. Feasibility Study: 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 chosen construction site is viable and the infrastructure will be 
able to sustain the new facility or addition.

VII. 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.
    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 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: July 18, 2017.
Jason Botel,
Acting Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2017-15389 Filed 7-20-17; 8:45 am]
BILLING CODE 4000-01-P
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