Applications for New Awards; Impact Aid Discretionary Construction Grant Program, 15995-15998 [2023-05235]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Notices]
[Pages 15995-15998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05235]


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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) 2023 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: March 15, 2023.
    Date of Pre-Application Webinar: The Department will hold a pre-
application meeting via webinar for prospective applicants on March 22, 
2023.
    Deadline for Transmittal of Applications: May 15, 2023.
    Deadline for Intergovernmental Review: July 13, 2023.

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 December 7, 2022 (87 FR 75045), and available at 
https://www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs. Please note that these Common Instructions supersede 
the version published on December 27, 2021.

FOR FURTHER INFORMATION CONTACT: Jacqueline Edwards, Impact Aid 
Program, U.S. Department of Education, 400 Maryland Avenue SW, Room 
3C137, Washington, DC 20202-6244. Telephone: 202-260-3858. Email: 
[email protected].
    If you are deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.

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 Grant Program 
provides grants to eligible Impact Aid LEAs to assist in addressing 
their school facility emergency and modernization needs. The eligible 
Impact Aid LEAs have a limited ability to raise local revenue for 
capital improvements because they have large areas of Federal land 
within their boundaries. As a result, these districts face difficulties 
in responding 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. 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 2023 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 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: $18,406,000.
    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: $2,300,000.
    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).

[[Page 15996]]

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 3 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 2023, 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: This program does not include 
any program-specific limitation on administrative expenses. All 
administrative expenses must be reasonable and necessary and conform to 
Cost Principles described in 2 CFR part 200 subpart E of the Uniform 
Guidance.
    3. Subgrantees: A grantee under this competition may not award 
subgrants to entities to directly carry out project activities 
described in its application.
    4. Build America, Buy America Act: This program is subject to the 
Build America, Buy America Act (Pub. L. 117-58) domestic sourcing 
requirements. Accordingly, under this program, grantees and contractors 
may not use their grant funds for infrastructure projects or activities 
(e.g., construction, remodeling, and broadband infrastructure) unless--
    (a) All iron and steel used in the infrastructure project or 
activity are produced in the United States;
    (b) All manufactured products used in the infrastructure project or 
activity are produced in the United States; and
    (c) All construction materials are manufactured in the United 
States.
    Grantees may request waivers to these requirements by submitting a 
Build America, Buy America Act Waiver Request Form. For more 
information, including a link to the Waiver Request Form, see the 
Department's Build America Buy America Waiver website at: https://www2.ed.gov/policy/fund/guid/buy-america/.

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 December 7, 2022 (87 FR 75045), and available at https://www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs, which contain requirements and information on how to 
submit an application. Please note that these Common Instructions 
supersede the version published on December 27, 2021.
    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 4-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 3 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 last 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.

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

[[Page 15997]]

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) of 
the Act 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) of the Act) 
(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: 4 
points will be given to an LEA that has used 75 percent or more of its 
bonding capacity; 3 points will be given to an LEA that has used 50 
percent to 74 percent of its bonding capacity; 2 points will be given 
to an LEA that has used 25 percent to 49 percent of its bonding 
capacity; and 1 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 4 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 4 points to LEAs in the State's poorest quartile and only 
1 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 4 points to LEAs in the State's highest-
taxing quartile and only 1 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 competition 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 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

[[Page 15998]]

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 year 
over year. 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. 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 requestor 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.

James F. Lane,
Senior Advisor, Office of the Secretary, Delegated the Authority to 
Perform the Functions and Duties of the Assistant Secretary, Office of 
Elementary and Secondary Education.
[FR Doc. 2023-05235 Filed 3-14-23; 8:45 am]
BILLING CODE 4000-01-P