Applications for New Awards; Impact Aid Discretionary Construction Grant Program, 44348-44352 [2021-17202]

Download as PDF 44348 Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Notices DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB314] Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meeting. AGENCY: The Science and Statistical Committee (SSC) of the Mid-Atlantic Fishery Management Council (Council) will hold a meeting. DATES: The meeting will be held on Tuesday, September 7, 2021, starting at 9 a.m. and continue through 1 p.m. on Wednesday, September 8, 2021. See SUPPLEMENTARY INFORMATION for agenda details. ADDRESSES: The meeting will take place over webinar using the Webex platform with a telephone-only connection option. Details on how to connect to the webinar by computer and by telephone will be available at: https:// www.mafmc.org/ssc. Council address: Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 674–2331; website: www.mafmc.org. FOR FURTHER INFORMATION CONTACT: Christopher M. Moore, Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, telephone: (302) 526–5255. SUPPLEMENTARY INFORMATION: The purpose of this meeting is to make multi-year acceptable biological catch (ABC) recommendations for Atlantic Mackerel based on the results of the recently completed management track stock assessment. The SSC will recommend 2022–23 ABC specifications for Atlantic Mackerel rebuilding alternatives identified by the Council. The SSC will also review the most recent survey and fishery data and the previously recommended 2022 ABC for Spiny Dogfish and Chub Mackerel. The SSC will discuss recent research that evaluates the monitoring and science implications and fishery interactions associated with offshore wind development. The SSC will review and provide comment on the following documents: A draft exempted fishing permit (EFP) application for thread herring, and the NMFS National Standard 1 Technical Guidance document on data-limited annual catch limits (ACLs). The SSC will also receive lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 20:11 Aug 11, 2021 Jkt 253001 updates from the SSC economic work group, the SSC ecosystem work group, and future stock assessment schedules. In addition, the SSC may take up any other business as necessary. A detailed agenda and background documents will be made available on the Council’s website (www.mafmc.org) prior to the meeting. Special Accommodations The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aid should be directed to Shelley Spedden, (302) 526–5251, at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. Dated: August 9, 2021. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–17274 Filed 8–11–21; 8:45 am] BILLING CODE 3510–22–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 (Department) is issuing a notice inviting applications for fiscal year (FY) 2021 for the Impact Aid Discretionary Construction Grant Program, Assistance Listing Number 84.041C. This notice relates to the approved information collection under OMB control number 1810–0657. DATES: Applications Available: August 12, 2021. Date of Pre-Application Webinar: The Department will hold a pre-application meeting via webinar for prospective applicants on August 19, 2021. Deadline for Transmittal of Applications: September 13, 2021. Deadline for Intergovernmental Review: November 10, 2021. ADDRESSES: For the addresses for obtaining and submitting an application, please refer to our Common Instructions for Applicants to Department of Education Discretionary Grant Programs, published in the Federal Register on February 13, 2019 (84 FR 3768) and available at www.govinfo.gov/content/pkg/FR-201902-13/pdf/2019-02206.pdf. FOR FURTHER INFORMATION CONTACT: Jacqueline Edwards, Impact Aid SUMMARY: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 Program, U.S. Department of Education, 400 Maryland Avenue SW, Room 3C121, Washington, DC 20202–6244. Telephone: 202–260–3858. Email: Jacqueline.Edwards@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. Background: The Impact Aid Discretionary Construction Program provides grants to eligible Impact Aid school districts to assist in addressing their school facility emergency and modernization needs. The eligible Impact Aid school districts have a limited ability to raise revenues for capital improvements because they have large areas of Federal land within their boundaries. As a result, these districts find it difficult to respond when their school facilities are in need of emergency repairs. The Department recognizes that students, and the school districts that support them, need safe facilities to learn and to prevent the spread of COVID–19 and mitigate its impact. School facility emergencies that are consistent with 34 CFR 222.172(a) and 222.173 may be proposed. Funded Impact Aid emergency repair grants will be used to repair, renovate, or alter a public elementary or secondary school facility to ensure the health, safety, and well-being of students and school personnel. 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 2021 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. E:\FR\FM\12AUN1.SGM 12AUN1 Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Notices An LEA is eligible to be considered for 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). Note: Projects will be awarded and must be operated in a manner consistent with the nondiscrimination requirements contained in Federal civil rights laws. lotter on DSK11XQN23PROD with NOTICES1 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 subsequent years 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 VerDate Sep<11>2014 20:11 Aug 11, 2021 Jkt 253001 44349 complete it. We will specify this period in the Grant Award Notification (GAN). entities to directly carry out project activities described in its application. III. Eligibility Information IV. Application and Submission Information 1. Eligible Applicants: An LEA is eligible to apply for an emergency grant under the absolute 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 its 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 2020, 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. c. Administrative Cost Limitation: 3. Subgrantees: A grantee under this competition may not award subgrants to PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 1. Application Submission Instructions: Applicants are required to follow the Common Instructions for Applicants to Department of Education Discretionary Grant Programs, published in the Federal Register on February 13, 2019 (84 FR 3768) and available at www.govinfo.gov/content/ pkg/FR-2019-02-13/pdf/2019-02206.pdf, which contain requirements on how to submit an application. 2. 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. 3. 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 Grants.gov system, unless an applicant contacts the Department prior to the closing date to indicate a different submission should be the single submission considered for that entity. 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. E:\FR\FM\12AUN1.SGM 12AUN1 44350 Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Notices lotter on DSK11XQN23PROD with NOTICES1 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)) (Up to 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)) (Up to 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 (Up to 15 points). (b) Project urgency (Up to 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 (Up to 14 points). (ii) The justification for rebuilding, if proposed (34 CFR 222.172(c)) (Up to 14 points). (c) Effects of Federal presence (section 7007(b)(4)(B) and (C) and 34 CFR 222.184(b)) (Up to 30 points). (i) Amount of non-taxable Federal property in the applicant LEA (percentage of Federal property divided by 10) (Up to 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 VerDate Sep<11>2014 20:11 Aug 11, 2021 Jkt 253001 children in LEA divided by 10) (Up to 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) (Up to 10 points). (d) Ability to respond or pay (section 7007(b)(4)(A)) (Up to 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 (Up to 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 (Up to 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 (Up to 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. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 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 assistance from the Department (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 independent emergency certification 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. 3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 200.206, before awarding grants under this program the Department conducts a review of the risks posed by applicants. Under 2 CFR 200.208, the Secretary may impose specific conditions and, under 2 CFR 3474.10, 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 $250,000), under 2 CFR 200.206(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 the System for Award Management. 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 E:\FR\FM\12AUN1.SGM 12AUN1 Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Notices 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. 5. In General: In accordance with the Office of Management and Budget’s guidance located at 2 CFR part 200, all applicable Federal laws, and relevant Executive guidance, the Department will review and consider applications for funding pursuant to this notice inviting applications in accordance with: (a) Selecting recipients most likely to be successful in delivering results based on the program objectives through an objective process of evaluating Federal award applications (2 CFR 200.205); (b) Prohibiting the purchase of certain telecommunication and video surveillance services or equipment in alignment with section 889 of the National Defense Authorization Act of 2019 (Pub. L. 115–232) (2 CFR 200.216); (c) Providing a preference, to the extent permitted by law, to maximize use of goods, products, and materials produced in the United States (2 CFR 200.322); and (d) Terminating agreements in whole or in part to the greatest extent authorized by law if an award no longer effectuates the program goals or agency priorities (2 CFR 200.340). lotter on DSK11XQN23PROD with NOTICES1 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 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. VerDate Sep<11>2014 20:11 Aug 11, 2021 Jkt 253001 3. Open Licensing Requirements: Unless an exception applies, if you are awarded a grant under this competition, you will be required to openly license to the public grant deliverables created in whole, or in part, with Department grant funds. When the deliverable consists of modifications to pre-existing works, the license extends only to those modifications that can be separately identified and only to the extent that open licensing is permitted under the terms of any licenses or other legal restrictions on the use of pre-existing works. Additionally, a grantee or subgrantee that is awarded competitive grant funds must have a plan to disseminate these public grant deliverables. This dissemination plan can be developed and submitted after your application has been reviewed and selected for funding. For additional information on the open licensing requirements please refer to 2 CFR 3474.20. 4. 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. 5. 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 the application for Impact Aid Section 7003 Basic Support Payments. 6. 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 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 44351 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. 7. Continuation Awards: In making a continuation award under 34 CFR 75.253, the Secretary considers, among other things, whether a grantee has made substantial progress in achieving the goals and objectives of the project; whether the grantee has expended funds in a manner that is consistent with its approved application and budget; and, if the Secretary has established performance measurement requirements, whether the grantee has made substantial progress in achieving the performance targets in the grantee’s approved application. In making a continuation award, the Secretary also considers whether the grantee is operating in compliance with the assurances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23). VII. Other Information Accessible Format: On request to the program contact person listed under FOR FURTHER INFORMATION CONTACT, individuals with disabilities can obtain this document and a copy of the application package in an accessible format. The Department will provide the requester with an accessible format that may include Rich Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, braille, large print, audiotape, or compact disc, or other accessible format. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. 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 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. E:\FR\FM\12AUN1.SGM 12AUN1 44352 Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Notices Ian Rosenblum, Deputy Assistant Secretary for Policy and Programs, Delegated the Authority to Perform the Functions and Duties of the Assistant Secretary, Office of Elementary and Secondary Education. [FR Doc. 2021–17202 Filed 8–11–21; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP17–40–007] Spire STL Pipeline LLC; Notice of Application and Establishing Intervention Deadline lotter on DSK11XQN23PROD with NOTICES1 Take notice that on July 26, 2021, Spire STL Pipeline, LLC (Spire), 700 Market Street, St. Louis, Missouri 63101, filed an application under section 7(c)(1)(B) of the Natural Gas Act (NGA),1 and Part 157 of the Commission’s regulations 2 requesting that the Commission issue a temporary certificate of public convenience and necessity for the Spire STL Pipeline Project (STL Pipeline) 3 to assure maintenance of service to Spire’s customers while the Commission addresses the issues on remand from the U.S. Court of Appeals for the District of Columbia Circuit’s June 22, 2021 decision in Environmental Defense Fund v. FERC.4 In the alternative, Spire requests that the Commission issue a limited-term certificate, extending through the remand proceedings. In addition to publishing the full text of this document in the Federal Register, the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the internet through the Commission’s Home Page (https:// ferc.gov) using the ‘‘eLibrary’’ link. Enter the docket number excluding the last three digits in the docket number field to access the document. At this time, the Commission has suspended access to the Commission’s Public Reference Room, due to the proclamation declaring a National Emergency concerning the Novel Coronavirus Disease (COVID–19), issued by the President on March 13, 2020. For assistance, contact the Federal Energy Regulatory Commission at 1 15 U.S.C. 717f(c)(1)(B) (2018). CFR 157.17 (2020). 3 Spire STL Pipeline LLC, 164 FERC ¶ 61,085 (2018) (Certificate Order), order amending certificate, 169 FERC ¶ 61,074, order on reh’g, 169 FERC ¶ 61,134 (2019) (Rehearing Order). 4 Environmental Defense Fund v. FERC, 2 F.4th 953 (D.C. Cir. 2021). 2 18 VerDate Sep<11>2014 20:11 Aug 11, 2021 Jkt 253001 FERCOnlineSupport@ferc.gov or call toll-free, (886) 208–3676 or TYY, (202) 502–8659. Any questions regarding the proposed project should be directed to Sean P. Jamieson, General Counsel, Spire STL Pipeline LLC, 3773 Richmond Ave., Suite 300, Houston, Texas 77046 or by phone at (346) 308–7555 or email at Sean.Jamieson@SpireEnergy.com. Public Participation There are two ways to become involved in the Commission’s review of this application: You can file comments on Spire’s application, and you can file a motion to intervene in the proceeding. There is no fee or cost for filing comments or intervening. The deadline for filing a motion to intervene is 5:00 p.m. Eastern Time on September 7, 2021. Comments Any person wishing to comment on Spire’s application may do so. Comments may include statements of support or objections to the application. You are also encouraged to review the data request issued by the Commission in this proceeding on August 6, 2020, and include in your filing any comments responding to the questions raised in the data request.5 The deadline for submitting initial comments is September 7, 2021, with reply comments due by October 5, 2021. There are three methods you can use to submit your comments to the Commission. In all instances, please reference the project docket number (CP17–40–007) in your submission. (1) You may file your comments electronically by using the eComment feature, which is located on the Commission’s website at www.ferc.gov under the link to Documents and Filings. Using eComment is an easy method for interested persons to submit brief, text-only comments on a project; (2) You may file your comments electronically by using the eFiling feature, which is located on the Commission’s website (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on ‘‘eRegister.’’ You will be asked to select the type of filing you are making; first select ‘‘General’’ and then select ‘‘Comment on a Filing’’; or 5 This document is available on eLibrary under the following accession number: 20210806–3036. To view this document visit: https:// elibrary.ferc.gov/eLibrary/filedownload?fileid= 15841891. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 (3) You can file a paper copy of your comments by mailing them to the following address below. Your written comments must reference the Project docket number (CP17–40–007). To mail via USPS, use the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. To mail via any other courier, use the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852. The Commission encourages electronic filing of comments (options 1 and 2 above) and has eFiling staff available to assist you at (202) 502–8258 or FercOnlineSupport@ferc.gov. The Commission considers all comments received about the project in determining the appropriate action to be taken. However, the filing of a comment alone will not serve to make the filer a party to the proceeding. To become a party, you must intervene in the proceeding. For instructions on how to intervene, see below. Interventions Any person, which includes individuals, organizations, businesses, municipalities, and other entities,6 has the option to file a motion to intervene in this proceeding. Only intervenors have the right to request rehearing of Commission orders issued in this proceeding and to subsequently challenge the Commission’s orders in the U.S. Circuit Courts of Appeal. To intervene, you must submit a motion to intervene to the Commission in accordance with Rule 214 of the Commission’s Rules of Practice and Procedure 7 and the regulations under the NGA 8 by the intervention deadline for the project, which is September 7, 2021. As described further in Rule 214, your motion to intervene must state, to the extent known, your position regarding the proceeding, as well as your interest in the proceeding. For an individual, this could include your status as a landowner, ratepayer, resident of an impacted community, or recreationist. You do not need to have property directly impacted by the project in order to intervene. For more information about motions to intervene, refer to the FERC website at https:// www.ferc.gov/resources/guides/how-to/ intervene.asp. There are two ways to submit your motion to intervene. In both instances, 6 18 CFR 385.102(d). CFR 385.214. 8 18 CFR 157.10. 7 18 E:\FR\FM\12AUN1.SGM 12AUN1

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[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Notices]
[Pages 44348-44352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17202]


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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 (Department) is issuing a notice 
inviting applications for fiscal year (FY) 2021 for the Impact Aid 
Discretionary Construction Grant Program, Assistance Listing Number 
84.041C. This notice relates to the approved information collection 
under OMB control number 1810-0657.

DATES: 
    Applications Available: August 12, 2021.
    Date of Pre-Application Webinar: The Department will hold a pre-
application meeting via webinar for prospective applicants on August 
19, 2021.
    Deadline for Transmittal of Applications: September 13, 2021.
    Deadline for Intergovernmental Review: November 10, 2021.

ADDRESSES: For the addresses for obtaining and submitting an 
application, please refer to our Common Instructions for Applicants to 
Department of Education Discretionary Grant Programs, published in the 
Federal Register on February 13, 2019 (84 FR 3768) and available at 
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf.

FOR FURTHER INFORMATION CONTACT: Jacqueline Edwards, Impact Aid 
Program, U.S. Department of Education, 400 Maryland Avenue SW, Room 
3C121, Washington, DC 20202-6244. Telephone: 202-260-3858. Email: 
[email protected].
    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.
    Background: The Impact Aid Discretionary Construction Program 
provides grants to eligible Impact Aid school districts to assist in 
addressing their school facility emergency and modernization needs. The 
eligible Impact Aid school districts have a limited ability to raise 
revenues for capital improvements because they have large areas of 
Federal land within their boundaries. As a result, these districts find 
it difficult to respond when their school facilities are in need of 
emergency repairs.
    The Department recognizes that students, and the school districts 
that support them, need safe facilities to learn and to prevent the 
spread of COVID-19 and mitigate its impact. School facility emergencies 
that are consistent with 34 CFR 222.172(a) and 222.173 may be proposed. 
Funded Impact Aid emergency repair grants will be used to repair, 
renovate, or alter a public elementary or secondary school facility to 
ensure the health, safety, and well-being of students and school 
personnel.
    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 2021 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.

[[Page 44349]]

    An LEA is eligible to be considered for 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).

    Note: Projects will be awarded and must be operated in a manner 
consistent with the nondiscrimination requirements contained in 
Federal civil rights laws.

    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 subsequent years 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 
Notification (GAN).

III. Eligibility Information

    1. Eligible Applicants: An LEA is eligible to apply for an 
emergency grant under the absolute 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 
its 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 2020, 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.
    c. Administrative Cost Limitation:
    3. Subgrantees: A grantee under this competition may not award 
subgrants to entities to directly carry out project activities 
described in its application.

IV. Application and Submission Information

    1. Application Submission Instructions: Applicants are required to 
follow the Common Instructions for Applicants to Department of 
Education Discretionary Grant Programs, published in the Federal 
Register on February 13, 2019 (84 FR 3768) and available at 
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf, which 
contain requirements on how to submit an application.
    2. 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.
    3. 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 Grants.gov system, unless an applicant contacts the 
Department prior to the closing date to indicate a different submission 
should be the single submission considered for that entity. 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.

[[Page 44350]]

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)) (Up to 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)) (Up to 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 (Up to 15 points).
    (b) Project urgency (Up to 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 (Up to 14 points).
    (ii) The justification for rebuilding, if proposed (34 CFR 
222.172(c)) (Up to 14 points).
    (c) Effects of Federal presence (section 7007(b)(4)(B) and (C) and 
34 CFR 222.184(b)) (Up to 30 points).
    (i) Amount of non-taxable Federal property in the applicant LEA 
(percentage of Federal property divided by 10) (Up to 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) (Up to 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) (Up to 10 points).
    (d) Ability to respond or pay (section 7007(b)(4)(A)) (Up to 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 (Up to 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 (Up to 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 (Up to 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 assistance from the Department (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 independent emergency certification 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.
    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.206, before awarding grants under this program the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
200.208, the Secretary may impose specific conditions and, under 2 CFR 
3474.10, 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 
$250,000), under 2 CFR 200.206(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 the System for Award Management. 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

[[Page 44351]]

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.
    5. In General: In accordance with the Office of Management and 
Budget's guidance located at 2 CFR part 200, all applicable Federal 
laws, and relevant Executive guidance, the Department will review and 
consider applications for funding pursuant to this notice inviting 
applications in accordance with:
    (a) Selecting recipients most likely to be successful in delivering 
results based on the program objectives through an objective process of 
evaluating Federal award applications (2 CFR 200.205);
    (b) Prohibiting the purchase of certain telecommunication and video 
surveillance services or equipment in alignment with section 889 of the 
National Defense Authorization Act of 2019 (Pub. L. 115-232) (2 CFR 
200.216);
    (c) Providing a preference, to the extent permitted by law, to 
maximize use of goods, products, and materials produced in the United 
States (2 CFR 200.322); and
    (d) Terminating agreements in whole or in part to the greatest 
extent authorized by law if an award no longer effectuates the program 
goals or agency priorities (2 CFR 200.340).

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 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. Open Licensing Requirements: Unless an exception applies, if you 
are awarded a grant under this competition, you will be required to 
openly license to the public grant deliverables created in whole, or in 
part, with Department grant funds. When the deliverable consists of 
modifications to pre-existing works, the license extends only to those 
modifications that can be separately identified and only to the extent 
that open licensing is permitted under the terms of any licenses or 
other legal restrictions on the use of pre-existing works. 
Additionally, a grantee or subgrantee that is awarded competitive grant 
funds must have a plan to disseminate these public grant deliverables. 
This dissemination plan can be developed and submitted after your 
application has been reviewed and selected for funding. For additional 
information on the open licensing requirements please refer to 2 CFR 
3474.20.
    4. 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.
    5. 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 the application 
for Impact Aid Section 7003 Basic Support Payments.
    6. 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.
    7. Continuation Awards: In making a continuation award under 34 CFR 
75.253, the Secretary considers, among other things, whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and, if the 
Secretary has established performance measurement requirements, whether 
the grantee has made substantial progress in achieving the performance 
targets in the grantee's approved application.
    In making a continuation award, the Secretary also considers 
whether the grantee is operating in compliance with the assurances in 
its approved application, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).

VII. Other Information

    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document and a copy of the application package in an 
accessible format. The Department will provide the requester with an 
accessible format that may include Rich Text Format (RTF) or text 
format (txt), a thumb drive, an MP3 file, braille, large print, 
audiotape, or compact disc, or other accessible format.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. 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 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.


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Ian Rosenblum,
Deputy Assistant Secretary for Policy and Programs, Delegated the 
Authority to Perform the Functions and Duties of the Assistant 
Secretary, Office of Elementary and Secondary Education.
[FR Doc. 2021-17202 Filed 8-11-21; 8:45 am]
BILLING CODE 4000-01-P


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