[Federal Register Volume 70, Number 107 (Monday, June 6, 2005)]
[Notices]
[Pages 32763-32767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11190]
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DEPARTMENT OF EDUCATION
Office of Elementary and Secondary Education, Overview
Information, Impact Aid Discretionary Construction Program; Notice
Inviting Applications for New Emergency Repair Awards for Fiscal Year
(FY) 2005
Catalogue of Federal Domestic Assistance (CFDA) Number: 84.041C.
Applications Available: June 13, 2005.
Deadline for Transmittal of Applications: August 5, 2005.
Deadline for Intergovernmental Review: October 4, 2005.
Eligible Applicants: To be eligible for an emergency repair grant,
a local educational agency (LEA) must enroll a high percentage (at
least 40 percent) of federally connected children in average daily
attendance (ADA) who reside on Indian lands or who have a parent on
active duty in the U.S. uniformed services, have a school that enrolls
a high percentage of one of these types of students, or be eligible for
funding for heavily impacted LEAs under section 8003(b)(2) of the
Elementary and Secondary Education Act of 1965 (Act), as amended by the
No Child Left Behind Act of 2001 (NCLB). In making emergency grant
awards, the Secretary must also consider the LEA's total assessed value
of real property that may be taxed for school purposes, its use of
available bonding capacity, and the nature and severity of the school
facility emergency.
In this notice, the Secretary is soliciting only applications for
emergency repair grants. We will not accept applications for
modernization grants at this time. Applications for emergency repair
grants are considered in two priority categories. Detailed information
about the eligibility requirements for these two priorities is in 34
CFR 222.177 through 222.179.
Except as provided in 34 CFR 222.190, all eligible applications in
the ``first priority'' emergency category must be funded before
applications in the next priority can be funded. As prescribed in
section 8007(b)(5)(A)(vi) of the Act and the implementing regulations
in 34 CFR 222.189(b)(4), unfunded applications in any of the four
priorities are retained for one year and considered along with the
following fiscal year's pool of applicants. For each of the FY 2002,
2003, and 2004 competitions, the number of fundable ``first priority''
emergency repair applications exceeded the funds available.
Approximately 20 unfunded ``first priority'' emergency repair
applications submitted for FY 2004 will be reconsidered for FY 2005
funding, along with new emergency repair applications submitted in
response to this notice.
The Secretary will not subject ``second priority'' emergency repair
applications to the panel review process if the need for funds in the
first priority and the number of eligible applications received greatly
exceeds the available appropriation. Should funds remain available for
modernization awards following this competition, the Secretary will
announce a separate competition for modernization grant applications.
Estimated Available Funds: $26,290,000.
Estimated Range of Awards: $50,000-$5,000,000.
Estimated Average Size of Awards: $1,500,000.
Estimated Number of Awards: 18.
Note: The Department is not bound by any estimates in this
notice.
Project Period: We will determine each project period based on the
project proposed and will specify this period in the grant award
document.
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program: 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 or modernization.
Program Authority: 20 U.S.C. 7707(b).
Applicable Regulations: (a) The Education Department General
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75 (except for
34 CFR 75.600 through 75.617), 77, 79, 80, 82, 84, 85, 86, 97, 98, and
99. (b) The regulations for this program in 34 CFR part 222.
II. Award Information
Type of Award: Discretionary grants.
Estimated Available Funds: $26,290,000.
Estimated Range of Awards: $50,000-$5,000,000.
Estimated Average Size of Awards: $1,500,000.
Estimated Number of Awards: 18.
Note: The Department is not bound by any estimates in this
notice.
Project Period: We will determine each project period based on the
project proposed and will specify this period in the grant award
document.
III. Eligibility Information
1. Eligible Emergency Repair Applicants: To be eligible for an
emergency repair grant, an LEA must enroll a high percentage (at least
40 percent) of federally connected children in ADA who reside on Indian
lands or who have a parent on active duty in the
[[Page 32764]]
U.S. uniformed services, have a school that enrolls a high percentage
of one of these types of students, or be eligible for funding for
heavily impacted LEAs under section 8003(b)(2) of the Act. In making
emergency grant awards, the Secretary must also consider the LEA's
total assessed value of real property that may be taxed for school
purposes, its use of available bonding capacity, and the nature and
severity of the school facility emergency.
In this notice, the Secretary is soliciting only applications for
emergency repair grants. We will not accept applications for
modernization grants at this time. Applications for emergency repair
grants are considered in two priority categories. Detailed information
about the eligibility requirements for these two priorities is in 34
CFR 222.177 through 222.179.
Except as provided in 34 CFR 222.190, all eligible applications in
the ``first priority'' emergency category must be funded before
applications in the next priority can be funded. As prescribed in
section 8007(b)(5)(A)(vi) of the Act and the implementing regulations
in 34 CFR 222.189(b)(4), unfunded applications in any of the four
priorities are retained for one year and considered along with the
following fiscal year's pool of applicants. For each of the FY 2002,
2003, and 2004 competitions, the number of fundable ``first priority''
emergency repair applications exceeded the funds available.
Approximately 20 unfunded ``first priority'' emergency repair
applications submitted for FY 2004 will be reconsidered for FY 2005
funding, along with new emergency repair applications submitted in
response to this notice.
The Secretary will not subject ``second priority'' emergency repair
applications to the panel review process if the need for funds in the
first priority and the number of eligible applications received greatly
exceeds the available appropriation. Should funds remain available for
modernization awards following this competition, the Secretary will
announce a separate competition for modernization grant applications.
2. Cost Sharing or Matching: See 20 U.S.C. 7707(b) and 34 CFR
222.174 and 222.191 through 222.193. In reviewing proposed awards, the
Secretary considers the funds available to the grantee from other
sources, including local, State, and other Federal funds. Consistent
with 34 CFR 222.192, applicants will be required to submit financial
reports for FYs 2003, 2004, and 2005 showing closing balances for all
school funds. If significant amounts are available at the close of FY
2005 that are not obligated for other purposes, those funds will be
considered as available for the proposed emergency repair project,
which may reduce or eliminate the award for an emergency grant.
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 it
may not exceed four million dollars during any four-year period. As
outlined in 34 CFR 222.174, this program also involves supplement, not
supplant funding provisions.
IV. Application and Submission Information
1. Address to Request Application Package: Marilyn Hall, U.S.
Department of Education, 400 Maryland Avenue, SW., room 3C153,
Washington, DC 20202-6244. Telephone: (202) 260-3858. You can also
download the FY 2005 application forms at: http://www.ed.gov/programs/8007b/applicant. An electronic application is available at: http://e-grants.ed.gov.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities may obtain a copy of the application
package in an alternative format (e.g., Braille, large print,
audiotape, or computer diskette) by contacting the program contact
person listed in this section.
2. Content and Form of Application Submission:
a. Content Restrictions: The application narrative should provide
concise information on the nature of the emergency condition, including
detail of the facilities system(s) that require emergency repair and
how they adversely affect the health, safety, and well-being of
occupants, the scale of the project in relation to the size of the
school facility, and cost estimates to address the conditions. This
information should be succinct and well-organized. Applications should
not include drawings, designs, or other extraneous documents regarding
proposed projects, because reviewers will not consider them.
b. Page Limit: We have found that reviewers are able to conduct the
highest-quality review when applications are concise and easy to read.
We strongly recommend that applicants limit their response in each
applicable narrative section to two pages.
c. Other: Other requirements concerning the content of an
application, together with the forms you must submit, are in the
application package for this program.
3. Submission Dates and Times:
Applications Available: June 13, 2005.
Deadline for Transmittal of Applications: August 5, 2005.
Applications for grants under this competition may be submitted
electronically using the Electronic Grant Application System (e-
Application) accessible through the Department's e-Grants system, or in
paper format by mail or hand delivery. For information (including dates
and times) about how to submit your application electronically, or by
mail or hand delivery, please refer to section IV. 6. Other Submission
Requirements in this notice.
We do not consider an application that does not comply with the
deadline requirements.
Deadline for Intergovernmental Review: October 4, 2005.
4. Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. Information about
Intergovernmental Review of Federal Programs under Executive Order
12372 is in the application packages for this program.
5. Funding Restrictions: We specify unallowable costs in 34 CFR
222.173. 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 a selected facilities project will be identified as part of
the final grant award conditions. A grantee must also ensure that its
construction expenditures under this program meet the requirements of
34 CFR 222.172 (allowable program activities) and 34 CFR 222.173
(prohibited activities). We reference additional regulations outlining
funding restrictions in the Applicable Regulations section of this
notice.
6. Other Submission Requirements:
Applications for grants under this competition may be submitted
electronically or in paper format by mail or hand delivery.
a. Electronic Submission of Applications.
If you choose to submit your application to us electronically, you
must use e-Application available through the Department's e-Grants
system, accessible through the e-Grants portal page at: http://e-grants.ed.gov.
While completing your electronic application, you will be entering
data
[[Page 32765]]
online that will be saved into a database. You may not e-mail an
electronic copy of a grant application to us.
Please note the following:
Your participation in e-Application is voluntary.
You must complete the electronic submission of your grant
application by 4:30 p.m., Washington, DC time, on the application
deadline date. The e-Application system will not accept an application
for this competition after 4:30 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 regular hours of operation of the e-Grants Web site
are 6 a.m. Monday until 7 p.m. Wednesday; and 6 a.m. Thursday until
midnight Saturday, Washington, DC time. Please note that the system is
unavailable on Sundays, and between 7 p.m. on Wednesdays and 6 a.m. on
Thursdays, Washington, DC time, for maintenance. Any modifications to
these hours are posted on the e-Grants Web site.
You will not receive additional point value because you
submit your application in electronic format, nor will we penalize you
if you submit your application in paper format.
You must submit all documents electronically, including
the Application for Discretionary Construction Program under Section
8007(b), and all necessary assurances and certifications.
Any narrative sections of your application must be
attached as files in a .DOC (document), .RTF (rich text), or .PDF
(Portable Document) format.
Your electronic application must comply with any page
limit requirements described in this notice.
Prior to submitting your electronic application, you may
wish to print a copy of it for your records.
After you electronically submit your application, you will
receive an automatic acknowledgement that will include a PR/Award
number (an identifying number unique to your application).
Within three working days after submitting your electronic
application, mail a signed copy of the Application for Discretionary
Construction Program under Section 8007(b) to the Impact Aid Program
after following these steps:
(1) Print the Application for Discretionary Construction Program
under Section 8007(b) from e-Application.
(2) The LEA's Authorized Representative must sign this form on the
cover page and on all of the assurances pages. The local certifying
official must sign the certification in an emergency application.
(3) Place the PR/Award number in the upper right hand corner of the
hard copy cover page of the Application for Discretionary Construction
Program under Section 8007(b).
(4) Mail the signed Application for Discretionary Construction
Program under Section 8007(b) to the Impact Aid Program at the address
listed under FOR FURTHER INFORMATION CONTACT elsewhere in this notice
(see VII. Agency Contact).
We may request that you provide us original signatures on
other forms at a later date.
Application Deadline Date Extension in Case of System
Unavailability: If you are prevented from electronically submitting
your application on the application deadline date because the e-
Application system is unavailable, we will grant you an extension of
one business day in order to transmit your application electronically,
by mail, or by hand delivery. We will grant this extension if--
(1) You are a registered user of e-Application and you have
initiated an electronic application for this competition; and
(2)(a) The e-Application system is unavailable for 60 minutes or
more between the hours of 8:30 a.m. and 3:30 p.m., Washington, DC time,
on the application deadline date; or
(b) The e-Application system is unavailable for any period of time
between 3:30 p.m. and 4:30 p.m., Washington, DC time, on the
application deadline date.
We must acknowledge and confirm these periods of unavailability
before granting you an extension. To request this extension or to
confirm our acknowledgement of any system unavailability, you may
contact either (1) the person listed elsewhere in this notice under FOR
FURTHER INFORMATION CONTACT (see VII. Agency Contact) or (2) the e-
Grants help desk at 1-888-336-8930. If the system is down and therefore
the application deadline is extended, an e-mail will be sent to all
registered users who have initiated an e-Application.
Extensions referred to in this section apply only to the
unavailability of the Department's e-Application system. If the e-
Application system is available, and, for any reason, you are unable to
submit your application electronically or you do not receive an
automatic acknowledgement of your submission, you may submit your
application in paper format by mail or hand delivery in accordance with
the instructions in this notice.
b. Submission of Paper Applications by Mail.
If you submit your application in paper format by mail (through the
U.S. Postal Service or a commercial carrier), you must mail the
original and two copies of your application, on or before the
application deadline date, to the Impact Aid Program at the address
listed under FOR FURTHER INFORMATION CONTACT elsewhere in this notice
(see VII. Agency Contact).
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, or
(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, or
(2) A mail receipt that is not dated by the U.S. Postal Service.
If your application is postmarked after the application deadline
date, we will not consider your application.
Note: The U.S. Postal Service does not uniformly provide a dated
postmark. Before relying on this method, you should check with your
local post office.
c. Submission of Paper Applications by Hand Delivery.
If you submit your application in paper format by hand delivery,
you (or a courier service) must deliver the original and two copies of
your application by hand, on or before the application deadline date,
to the Impact Aid Program at the address listed under FOR FURTHER
INFORMATION CONTACT elsewhere in this notice (see VII. Agency Contact).
We will accept hand deliveries daily between 8 a.m. and 4:30 p.m.,
Washington, DC time, except Saturdays, Sundays, and Federal holidays.
V. Application Review Information
1. Selection Criteria: Consistent with 34 CFR 75.209, the selection
criteria for this program are based on the specific statutory program
elements identified in 34 CFR 222.183 through 222.187 and are described
in the following paragraphs.
The Secretary gives distinct weight to the listed selection
criteria. The maximum score for each criterion is indicated in
parentheses. Within each criterion, the Secretary evaluates each
[[Page 32766]]
factor equally, unless otherwise specified. The maximum score that an
application may receive is 100 points.
(1) Need for project/severity of the school facility problem to be
addressed by the proposed project. (up to 30 points)
(a) Justification that the proposed project will address a valid
emergency; and consistency of the emergency description and the
proposed project with the certifying local official's statement.
(b) Impact of the emergency condition on the health and safety of
the building occupants or on program delivery (examples: 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.
(2) Project Urgency. (up to 28 points)
(a) Risk to occupants if the facility condition is not addressed;
projected increased future costs; effect of the proposed project on the
useful life of the facility or the need for major construction; or age
and condition of the facility and date of last renovation of affected
areas.
(b) The justification for rebuilding, if proposed.
(3) Effects of Federal Presence. (up to 30 points total)
(a) Amount of non-taxable Federal property in the applicant
district (percentage of Federal property divided by 10); (up to 10
points)
(b) The number of federally connected children identified in
sections 8003(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)
(c) The number of federally connected children identified in
sections 8003(a)(1)(A), (B), (C), and (D) of the Act in the school
facility (percentage of identified children in school facility divided
by 10); (up to 10 points)
(4) Ability to respond or pay. (up to 12 points total)
(a) The percentage an LEA has used of its bonding capacity. Four
points will be distributed based on the LEA's quartile so that an LEA
that has used 100 percent of its bonding capacity receives all four
points and an LEA that has used less than 25 percent of its bond limit
receives only one point. LEAs that do not have limits on bonded
indebtedness established by their States will be evaluated by assuming
that their bond limit is 10 percent of the assessed value of real
property in the LEA. LEAs deemed to have no practical capacity to issue
bonds will receive all four points. (up to 4 points)
(b) Assessed value of real property per student (applicant LEA's
total assessed valuation of real property per pupil as a percentile
ranking of all LEAs in the State. Four points will be distributed by
providing all four points to LEAs in the poorest quartile and only one
point to LEAs in the wealthiest quartile). (up to 4 points)
(c) Total tax rate for capital or school purposes (applicant LEA's
tax rate for capital or school purposes as a percentile ranking of all
LEAs in the State. If the State authorizes a tax rate for capital
expenditures, then these data must be used; otherwise, data on the
total tax rate for school purposes are used. Four points will be
distributed by providing all four points to LEAs in the highest taxing
quartile and only one point to LEAs in the lowest quartile). (up to 4
points)
2. Review and Selection Process: Upon receipt, Impact Aid program
staff will screen all applications to identify any that should not be
included in the panel review process. Applications that do not meet the
eligibility standards or are incomplete or late will be rejected.
Program staff will also calculate the objective scores for each
application under criteria (3) and (4). Panel reviewers will assess the
applications under criteria (1) and (2).
VI. Award Administration Information
1. Award Notices: If your application is successful, we notify your
U.S. Representative and U.S. Senators and send you a Grant Award
Notification (GAN). We may also notify you informally.
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: At the end of your project period, you must submit a
final performance report, including financial information, as directed
by the Secretary. If you receive a multi-year award, you must submit an
annual performance report that provides the most current performance
and financial expenditure information as specified by the Secretary in
34 CFR 75.118 and 34 CFR 222.195. In general, grantees must comply with
applicable reporting requirements in 34 CFR parts 75 and 80. In
addition, grantees will be required to provide periodic performance and
financial reports, as specified in individual grant award conditions
and 34 CFR 222.195.
4. Performance Measures: The Department has established the
following performance measure for this program: an increasing
percentage of LEAs receiving Impact Aid Construction funds will report
that the overall condition of their school buildings is adequate. Data
for this measure will be reported to the Department on Table 10 of the
application for Impact Aid Section 8003 Basic Support Payments.
VII. Agency Contact
FOR FURTHER INFORMATION CONTACT: Marilyn Hall, Impact Aid Program, U.S.
Department of Education, 400 Maryland Avenue, SW., room 3C153,
Washington, DC 20202-6244. Telephone: (202) 260-3858 or by e-mail:
[email protected]
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) by contacting the program contact person listed in this
section.
Electronic Access to This Document: You may view this document, as
well as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF) on the
Internet at the following site: http://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/index.html.
[[Page 32767]]
Dated: June 1, 2005.
Raymond Simon,
Assistant Secretary for Elementary and Secondary, Education.
[FR Doc. 05-11190 Filed 6-3-05; 8:45 am]
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