[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Notices]
[Pages 10533-10543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5154]
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DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
Notice of Solicitation of Applications (NOSA) for Inviting
Applications for Energy Audits and Renewable Energy Development
Assistance Under the Rural Energy for America Program
AGENCY: Rural Business-Cooperative Service, USDA.
ACTION: Notice.
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SUMMARY: This notice announces the request for grant applications from
units of State, tribal or local government, land-grant colleges,
universities, or other institutions of higher education (including 1994
Land Grant (Tribal Colleges) and 1890 Land Grant Colleges and
Historically Black Universities), rural electric cooperatives, and
public power entities to provide energy audits and renewable energy
development assistance for agricultural producers and rural small
businesses. The Agency intends to publish a proposed rule for future
submissions that will amend the Rural Energy for America portion of the
Rural Development Grants regulation, published October 15, 2008 [73 FR
61198], at 7 CFR part 5002, for energy audits and renewable energy
development assistance projects in calendar year 2009.
DATES: Applications for grants must be submitted on paper or
electronically no later than 4:30 p.m., local time on June 9, 2009.
Neither complete nor incomplete applications received after this date
and time will be considered, regardless of the postmark on the
application.
The comment period for information collection under the Paperwork
Reduction Act of 1995 continues through May 11, 2009. Comments on the
paper work burden must be received by this date to be assured of
consideration.
ADDRESSES: Application materials may be obtained by contacting one of
Rural Development's Rural Energy Coordinators or by downloading through
http://www.grants.gov.
Submit electronic applications at http://www.grants.gov, following
the instructions found on this Web site. To use Grants.gov, all
applicants must have a Dun and Bradstreet Data Universal Numbering
System (DUNS) number, which can be obtained at no cost via a toll-free
request line at 1-866-705-5711 or online at http://fedgov.dnb.com/webform. Submit completed paper applications to the Rural Development
State Office in the State in which the applicant's principal office is
located.
Rural Development Rural Energy Coordinators
Note: Telephone numbers listed are not toll-free.
Alabama
Quinton Harris, USDA Rural Development, Sterling Centre, Suite 601,
4121 Carmichael Road, Montgomery, AL 36106-3683, (334) 279-3623,
[email protected].
Alaska
Dean Stewart, USDA Rural Development, 800 West Evergreen, Suite 201,
Palmer, AK 99645-6539, (907) 761-7722, [email protected].
American Samoa (See Hawaii)
Arizona
Alan Watt, USDA Rural Development, 230 North First Avenue, Suite
206, Phoenix, AZ 85003-1706, (602) 280-8769, [email protected].
Arkansas
Tim Smith, USDA Rural Development, 700 West Capitol Avenue, Room
3416, Little Rock, AR 72201-3225, (501) 301-3280,
[email protected].
California
Philip Brown, USDA Rural Development, 430 G Street, 4169,
Davis, CA 95616, (530) 792-5811, [email protected].
Colorado
April Dahlager, USDA Rural Development, 655 Parfet Street, Room E-
100, Lakewood, CO 80215, (720) 544-2909, [email protected].
Commonwealth of the Northern Mariana Islands--CNMI (See Hawaii)
Connecticut (See Massachusetts)
Delaware/Maryland
Bruce Weaver, USDA Rural Development, 1221 College Park Drive, Suite
200, Dover, DE 19904, (302) 857-3626, [email protected].
Federated States of Micronesia (See Hawaii)
Florida/Virgin Islands
Joe Mueller, USDA Rural Development, 4440 NW. 25th Place,
Gainesville, FL 32606, (352) 338-3482, [email protected].
Georgia
J. Craig Scroggs, USDA Rural Development, 111 E. Spring St., Suite
B, Monroe, GA 30655, Phone 770-267-1413 ext. 113,
[email protected].
Guam (See Hawaii)
Hawaii/Guam/Republic of Palau/Federated States of Micronesia/
Republic of the Marshall Islands/America Samoa/Commonwealth of the
Northern Marianas Islands-CNMI
Tim O'Connell, USDA Rural Development, Federal Building, Room 311,
154 Waianuenue Avenue, Hilo, HI 96720, (808) 933-8313,
[email protected].
Idaho
Brian Buch, USDA Rural Development, 9173 W. Barnes Drive, Suite A1,
Boise, ID 83709, (208) 378-5623, [email protected].
Illinois
Molly Hammond, USDA Rural Development, 2118 West Park Court, Suite
A, Champaign, IL 61821, (217) 403-6210, [email protected].
Indiana
Jerry Hay, USDA Rural Development, 2411 N. 1250 W., Deputy, IN
47230, (812) 873-1100, [email protected].
Iowa
Teresa Bomhoff, USDA Rural Development, 873 Federal Building, 210
Walnut Street, Des Moines, IA 50309, (515) 284-4447,
[email protected].
Kansas
David Kramer, USDA Rural Development, 1303 SW First American Place,
Suite 100, Topeka, KS 66604-4040, (785) 271-2744,
[email protected].
Kentucky
Scott Maas, USDA Rural Development, 771 Corporate Drive, Suite 200,
Lexington, KY 40503, (859) 224-7435, [email protected].
Louisiana
Kevin Boone, USDA Rural Development, 905 Jefferson Street, Suite
320, Lafayette, LA 70501, (337) 262-6601, Ext. 133,
[email protected].
Maine
John F. Sheehan, USDA Rural Development, 967 Illinois Avenue, Suite
4, P.O. Box 405, Bangor, ME 04402-0405, (207) 990-9168,
[email protected].
Maryland (See Delaware)
Massachusetts/Rhode Island/Connecticut
Charles W. Dubuc, USDA Rural Development, 451 West Street, Suite 2,
Amherst, MA 01002, (401) 826-0842 X 306, [email protected].
Michigan
Traci J. Smith, USDA Rural Development, 3001 Coolidge Road, Suite
200, East Lansing, MI 48823, (517) 324-5157,
[email protected].
Minnesota
Lisa L. Noty, USDA Rural Development, 1400 West Main Street, Albert
Lea, MN 56007, (507) 373-7960 Ext. 120, [email protected].
[[Page 10534]]
Mississippi
G. Gary Jones, USDA Rural Development, Federal Building, Suite 831,
100 West Capitol Street, Jackson, MS 39269, (601) 965-5457,
[email protected].
Missouri
Matt Moore, USDA Rural Development, 601 Business Loop 70 West,
Parkade Center, Suite 235, Columbia, MO 65203, (573) 876-9321,
[email protected].
Montana
John Guthmiller, USDA Rural Development, 900 Technology Blvd., Unit
1, Suite B, P.O. Box 850, Bozeman, MT 59771, (406) 585-2540,
[email protected].
Nebraska
Debra Yocum, USDA Rural Development, 100 Centennial Mall North, Room
152, Federal Building, Lincoln, NE 68508, (402) 437-5554,
[email protected].
Nevada
Herb Shedd, USDA Rural Development, 1390 South Curry Street, Carson
City, NV 89703, (775) 887-1222, [email protected].
New Hampshire (See Vermont)
New Jersey
Victoria Fekete, USDA Rural Development, 8000 Midlantic Drive, 5th
Floor North, Suite 500, Mt. Laurel, NJ 08054, (856) 787-7752,
[email protected].
New Mexico
Jesse Bopp, USDA Rural Development, 6200 Jefferson Street, NE., Room
255, Albuquerque, NM 87109, (505) 761-4952, [email protected].
New York
Thomas Hauryski, USDA Rural Development, 415 West Morris Street,
Bath, NY 14810, (607) 776-7398 Ext. 132,
[email protected].
North Carolina
David Thigpen, USDA Rural Development, 4405 Bland Rd. Suite 260,
Raleigh, N.C. 27609, 919-873-2065, [email protected].
North Dakota
Dennis Rodin, USDA Rural Development, Federal Building, Room 208,
220 East Rosser Avenue, P.O. Box 1737, Bismarck, ND 58502-1737,
(701) 530-2068, [email protected].
Ohio
Randy Monhemius, USDA Rural Development, Federal Building, Room 507,
200 North High Street, Columbus, OH 43215-2418, (614) 255-2424,
[email protected].
Oklahoma
Jody Harris, USDA Rural Development, 100 USDA, Suite 108,
Stillwater, OK 74074-2654, (405) 742-1036, [email protected].
Oregon
Don Hollis, USDA Rural Development, 1229 SE Third Street, Suite A,
Pendleton, OR 97801-4198, (541) 278-8049, Ext. 129,
[email protected].
Pennsylvania
Bernard Linn, USDA Rural Development, One Credit Union Place, Suite
330, Harrisburg, PA 17110-2996, (717) 237-2182,
[email protected].
Puerto Rico
Luis Garcia, USDA Rural Development, IBM Building, 654 Munoz Rivera
Avenue, Suite 601, Hato Rey, PR 00918-6106, (787) 766-5091, Ext.
251, [email protected].
Republic of Palau (See Hawaii)
Republic of the Marshall Islands (See Hawaii)
Rhode Island (See Massachusetts)
South Carolina
Shannon Legree, USDA Rural Development, Strom Thurmond Federal
Building, 1835 Assembly Street, Room 1007, Columbia, SC 29201, (803)
765-5881, [email protected].
South Dakota
Douglas Roehl, USDA Rural Development, Federal Building, Room 210,
200 4th Street, SW., Huron, SD 57350, (605) 352-1145,
[email protected].
Tennessee
Will Dodson, USDA Rural Development, 3322 West End Avenue, Suite
300, Nashville, TN 37203-1084, (615) 783-1350,
[email protected].
Texas
Daniel Torres, USDA Rural Development, Federal Building, Suite 102,
101 South Main Street, Temple, TX 76501, (254) 742-9756,
[email protected].
Utah
Roger Koon, USDA Rural Development, Wallace F. Bennett Federal
Building, 125 South State Street, Room 4311, Salt Lake City, UT
84138, (801) 524-4301, [email protected].
Vermont/New Hampshire
Cheryl Ducharme, USDA Rural Development, 89 Main Street, 3rd Floor,
Montpelier, VT 05602, 802-828-6083, [email protected].
Virginia
Laurette Tucker, USDA Rural Development, Culpeper Building, Suite
238, 1606 Santa Rosa Road, Richmond, VA 23229, (804) 287-1594,
[email protected].
Virgin Islands (See Florida)
Washington
Mary Traxler, USDA Rural Development, 1835 Black Lake Blvd. SW.,
Suite B, Olympia, WA 98512, (360) 704-7762,
[email protected].
West Virginia
Richard E. Satterfield, USDA Rural Development, 75 High Street, Room
320, Morgantown, WV 26505-7500, (304) 284-4874,
[email protected].
Wisconsin
Brenda Heinen, USDA Rural Development, 4949 Kirschling Court,
Stevens Point, WI 54481, (715) 345-7615, Ext. 139,
[email protected].
Wyoming
Jon Crabtree, USDA Rural Development, Dick Cheney Federal Building,
100 East B Street, Room 1005, P.O. Box 11005, Casper, WY 82602,
(307) 233-6719, [email protected].
FOR FURTHER INFORMATION CONTACT: For information about this Notice,
please contact the Energy Branch, USDA Rural Development, STOP 3225,
Room 6870, 1400 Independence Avenue, SW., Washington, DC 20250-3225.
Telephone: (202) 720-1400.
For assistance on energy audit and renewable energy development
assistance grants, please contact the applicable Rural Development's
Rural Energy Coordinator, as provided in the Addresses section of this
Notice.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995, USDA Rural
Development will seek OMB approval of the reporting and recordkeeping
requirements contained in this Notice and hereby opens a 60-day public
comment period.
Title: Energy Audit and Renewable Energy Development Assistance
under the Rural Energy for America Program.
Type of Request: New collection.
Abstract: The Agency is providing grants to eligible applicants for
the provision of energy audits and renewable energy development
assistance to agricultural producers and rural small businesses.
The collection of information is vital to the Agency to make wise
decisions regarding the eligibility of applicants and their projects in
order to ensure compliance with agency provisions and is necessary in
order to implement these provisions for energy audits and renewable
energy development assistance.
The following estimates are based on the average over the first
three years these activities are funded.
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 1.4 hours per response.
Respondents: Agricultural producers and rural small businesses.
Estimated Number of Respondents: 53
Estimated Number of Responses per Respondent: 15
Estimated Number of Responses: 865
Estimated Total Annual Burden (hours) on Respondents: 1104
[[Page 10535]]
Copies of this information collection may be obtained from Cheryl
Thompson, Regulations and Paperwork Management Branch, at (202) 692-
0043.
Comments
Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
Rural Development, including whether the information will have
practical utility; (b) the accuracy of Rural Development's estimate of
the burden of the proposed collection of information including the
validity of the methodology and assumptions used; (c) ways to enhance
the quality, utility and clarity of the information to be collected;
and (d) ways to minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology. Comments may be
sent to Cheryl Thompson, Regulations and Paperwork Management Branch,
Support Services Division, U.S. Department of Agriculture, Rural
Development, STOP 0742, 1400 Independence Ave., SW., Washington, DC
20250. All responses to this Notice will be summarized and included in
the request for OMB approval. All comments will also become a matter of
public record.
Overview Information
Federal Agency Name. Rural Business-Cooperative Service.
Funding Opportunity Title. Energy Audit and Renewable Energy
Development Assistance under the Rural Energy for America Program.
Announcement Type. Initial announcement.
Catalog of Federal Domestic Assistance (CFDA) Number. These
activities under the Rural Energy for America Program are listed in the
Catalog of Federal Domestic Assistance under Number 10.868.
Dates. Applications must be completed and received in the
appropriate United States Department of Agriculture (USDA) Rural
Development State Office no later than 4:30 p.m. local time June 9,
2009. Applications received after 4:30 p.m. local time June 9, 2009,
regardless of the application's postmark, will be returned to the
applicant with no action.
Availability of Notice. This Notice is available on the USDA Rural
Development Web site at http://www.rurdev.usda.gov/rbs/farmbill/index.html.
I. Funding Opportunity Description
A. Purpose. This Notice is issued pursuant to section 9001 of the
Food, Conservation, and Energy Act of 2008 (2008 Farm Bill), which
amends section 9006 of the Farm Security and Rural Investment Act of
2002 (FSRIA), which establishes the Rural Energy for America Program
under section 9006 of FSRIA. The 2008 Farm Bill requires the Secretary
of Agriculture to create a program to make grants to units of State,
tribal or local government, land-grant colleges, universities, or other
institutions of higher education (including 1994 Land Grant (Tribal
Colleges) and 1890 Land Grant Colleges and Historically Black
Universities), rural electric cooperatives or public power entities to
assist agricultural producers and rural small businesses by conducting
energy audits and providing recommendations and information on
renewable energy development assistance and improving energy
efficiency. These projects (energy audits and renewable energy
development assistance) are designed to help agricultural producers and
rural small businesses reduce energy costs and consumption and help
meet the nation's critical energy needs. The 2008 Farm Bill mandates
that the recipient of a grant that conducts an energy audit for an
agricultural producer or a rural small business require the
agricultural producer or rural small business to pay at least 25
percent of the cost of the energy audit, which shall be retained by the
eligible entity for the cost of the audit.
B. Statutory Authority. These activities (energy audits and
renewable energy development assistance) are found in the Rural Energy
for America Program, which is authorized under Title IX, Section 9001,
of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-234).
C. Definition of Terms. The following definitions are applicable to
this Notice.
Administrator. The Administrator of Rural Business-Cooperative
Service within the Rural Development Mission Area of the U.S.
Department of Agriculture.
Agricultural producer. An individual or entity directly engaged in
the production of agricultural products, including crops (including
farming); livestock (including ranching); forestry products;
hydroponics; nursery stock; or aquaculture, whereby 50 percent or
greater of their gross income is derived from the operations.
Departmental regulations. The regulations of the Department of
Agriculture's Office of Chief Financial Officer (or successor office)
as codified in 7 CFR parts 3000 through 3099, including but not
necessarily limited to 7 CFR parts 3015 through 3019, 7 CFR part 3021,
and 7 CFR part 3052, and successor regulations to these parts.
Energy audit. An audit conducted by a certified energy manager or
professional engineer that focuses on potential capital-intensive
projects and involves detailed gathering of field data and engineering
analysis. The audit will provide detailed project costs and savings
information with a high level of confidence sufficient for major
capital investment decisions similar to, but in more detail, than an
energy assessment.
Energy efficiency hydropower projects. Projects that improve the
efficiency of an existing hydropower system, such as replacement
equipment.
Hydropower. Energy created by use of various types of moving water
including, but not limited to, ocean movement (tidal, wave, current, or
thermal changes); diverted run-of-river water; in-stream run-of-river
water; in-conduit water; or geothermally heated surface water.
Institution of higher education. As defined in 20 U.S.C. 1002(a).
Post-application. The period of time after the Agency has received
a complete application. A complete application is an application that
contains all parts necessary for the Agency to determine applicant and
project eligibility, to score the application, and to conduct the
technical evaluation.
Public power entity. Is defined using the definition of state
utility as defined in section 217(A)(4) of the Federal Power Act (16
U.S.C. 824q(a)(4)). As of this writing, the definition is a State or
any political subdivision of a State, or any agency, authority, or
instrumentality of any one or more of the foregoing, or a corporation
that is wholly owned, directly or indirectly, by any one or more of the
foregoing, competent to carry on the business of developing,
transmitting, utilizing, or distributing power.
Qualified consultant. An independent, third-party possessing the
knowledge, expertise, and experience to perform in an efficient,
effective, and authoritative manner the specific task required.
Rated power. The amount of energy that can be created at any given
time.
Renewable biomass.
(i) Materials, pre-commercial thinnings, or invasive species from
National Forest System land and public lands (as defined in section 103
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702))
that:
[[Page 10536]]
(A) Are byproducts of preventive treatments that are removed to
reduce hazardous fuels; to reduce or contain disease or insect
infestation; or to restore ecosystem health;
(B) would not otherwise be used for higher-value products; and
(C) are harvested in accordance with applicable law and land
management plans and the requirements for old-growth maintenance,
restoration, and management direction of paragraphs (e)(2), (e)(3), and
(e)(4) and large-tree retention of paragraph (f) of section 102 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512); or
(ii) any organic matter that is available on a renewable or
recurring basis from non-Federal land or land belonging to an Indian or
Indian tribe that is held in trust by the United States or subject to a
restriction against alienation imposed by the United States, including:
(A) Renewable plant material, including feed grains; other
agricultural commodities; other plants and trees; and algae; and
(B) waste material, including crop residue; other vegetative waste
material (including wood waste and wood residues); animal waste and
byproducts (including fats, oils, greases, and manure); and food waste
and yard waste.
Renewable energy. Energy derived from:
(i) A wind, solar, renewable biomass, ocean (including tidal, wave,
current, and thermal), geothermal or hydroelectric source; or
(ii) hydrogen derived from renewable biomass or water using wind,
solar, ocean (including tidal, wave, current, and thermal), geothermal
or hydroelectric energy sources.
Renewable Energy Development Assistance. Assistance provided by
eligible grantees to assist agricultural producers and rural small
businesses to become more energy efficient and to use renewable energy
technologies and resources. This includes provision of client specific
reports detailing the current/projected energy usage/needs for the site
and the amount and quality of renewable energy resource(s) available
for the subject site facility. (Information regarding residential
dwellings at any site will not be included in such reports.) It also
includes client debriefing regarding the report and provision of
information regarding the use of appropriate renewable technologies at
subject sites.
Renewable energy hydropower project. A new energy generation
project that uses moving water as the feedstock equivalent.
Rural or rural area. Any area of a State not in a city or town that
has a population of more than 50,000 inhabitants, according to the
latest decennial census of the United States, and the contiguous and
adjacent urbanized area. For the purposes of this definition, cities
and towns are incorporated population centers with definite boundaries,
local self-government, and legal powers set forth in a charter granted
by the State. For Puerto Rico, Census Designated Place (CDP), as
defined by the U.S. Census Bureau, will be used as the equivalent to
city or town. For the purpose of defining a rural area in the Republic
of Palau, the Federated States of Micronesia, and the Republic of the
Marshall Islands, the Agency shall determine what constitutes rural and
rural area based on available population data.
Small business. An entity considered a small business in accordance
with the U.S. Small Business Administration's (SBA) small business size
standards found in Title 13 CFR part 121. A private entity, including a
sole proprietorship, partnership, corporation, cooperative (including a
cooperative qualified under section 501(c)(12) of the Internal Revenue
Code), and an electric utility, including a Tribal or governmental
electric utility, that provides service to rural consumers on a cost-
of-service basis without support from public funds or subsidy from the
Government authority establishing the district, provided such utilities
meet SBA's definition of small business. These entities must operate
independently of direct Government control. With the exception of the
entities described above, all other non-profit entities are excluded.
Small hydropower. A hydropower project for which the rated power of
the system is 30 megawatts or less.
II. Funding Information
A. Available Funds. The amount of funds available for energy audits
and renewable energy development assistance in FY 2009 will be up to 4
percent of the funds made available to the Rural Energy for America
Program.
B. Number of Grants. The number of grants will depend on the number
of eligible applicants participating in conducting energy audits and
providing renewable energy development assistance.
C. Range of Amounts of Each Grant. To ensure applications for
energy audits and renewable energy development assistance will allow
the maximum number of States to benefit from these projects under the
Rural Energy for America Program, grants awarded to a single applicant
will be limited to no more than $100,000 under this Notice.
D. Type of Instrument. Grant.
III. Eligibility Information
Eligibility requirements for energy audit and renewable energy
development assistance grants under the Rural Energy for America
Program are:
A. Applicant eligibility. To be eligible for an energy audit grant
or a renewable energy development assistance grant under the Rural
Energy for America Program, the applicant must meet each of the
criteria, as applicable, set forth in paragraphs (1) through (4) in
this section. The Agency will determine an applicant's eligibility.
(1) Type of applicant. The applicant must be one of the following:
(i) A unit of State, tribal or local government;
(ii) a land-grant college, a university, or an other institution of
higher education;
(iii) a rural electric cooperative; or
(iv) a public power entity.
(2) Citizenship. To be eligible, applicants, owned by private
persons, must be at least 51 percent owned by persons who are either:
(i) Citizens of the United States (U.S.), the Republic of Palau,
the Federated States of Micronesia, the Republic of the Marshall
Islands, or American Samoa; or
(ii) legally admitted permanent residents residing in the U.S.
(3) Capacity to perform. The applicant must have sufficient
capacity to perform the activities proposed in the application to
ensure success. The Agency will make this assessment based on the
information provided in the application.
(4) Legal authority and responsibility. Each applicant must have,
or obtain, the legal authority necessary to carry out the purpose of
the grant.
(5) Ineligible applicants. Consistent with Department regulations,
an applicant is ineligible if it is debarred or suspended or is
otherwise excluded from or ineligible for participation in Federal
assistance programs. Applicants will also be considered ineligible for
a grant if they have an outstanding Federal judgment (other than one
obtained in the U.S. Tax Court), are delinquent on the payment of
Federal income taxes, or are delinquent on Federal debt.
B. Project Eligibility.
To be eligible for an energy audit or a renewable energy
development assistance grant, the grant funds for a project must be
used by the grant recipient to assist agricultural producers
[[Page 10537]]
or rural small businesses in one or both of the purposes specified in
paragraphs (1) and (2) below and shall also comply with paragraph (3)
and, if applicable, paragraph (4).
(1) Conducting and promoting energy audits that meet the
requirements of the energy audit as defined in this Notice and that
cover all of the following:
(i) Provision of situation reports. Include a narrative description
of the facility or process being audited; its energy system(s) and
usage; and activity profile. Also include the price per unit of energy
(electricity, natural gas, propane, fuel oil, renewable energy, etc.)
paid by the customer over the previous 12 months from the date of the
audit. Any energy conversion data should be based on use and source.
(ii) Potential improvements. List specific information regarding
all potential energy-saving opportunities and the associated cost.
(iii) Technical analysis. Discuss the possible interactions of the
potential improvements with existing energy systems.
(A) Estimate the annual energy and energy costs savings expected
from each possible improvement recommended for the potential project.
(B) Estimate all direct and attendant indirect costs of each
improvement.
(C) Rank potential improvement measures by cost-effectiveness.
(iv) Potential improvement description. Provide a narrative summary
of the potential improvement and its ability to provide needed
benefits, including a discussion of nonenergy benefits such as project
reliability and durability.
(A) Provide preliminary specifications for critical components.
(B) Provide preliminary drawings of project layout, including any
related structural changes.
(C) Document baseline data compared to projected consumption,
together with any explanatory notes. When appropriate, show before-and-
after data in terms of consumption per unit of production, time or
area. Include at least 1 year's bills for those energy sources/fuel
types affected by this project. Also submit utility rate schedules, if
appropriate.
(D) Identify significant changes in future related operations and
maintenance costs, including person-hours.
(E) Describe explicitly how outcomes will be measured annually.
(2) Conducting and promoting renewable energy development
assistance by providing to agricultural producers and rural small
businesses recommendations and information on how to improve the energy
efficiency of their operations and to use renewable energy technologies
and resources in their operations.
(3) Because the grants addressed in this Notice are under the Rural
Energy for America Program, energy audit assistance and renewable
energy development assistance can be provided only to facilities
located in rural areas.
(4) For the purposes of this Notice, only hydropower projects with
a rated power of 30 megawatts or less are eligible for energy audits
and renewable energy development assistance. The Agency refers to these
hydropower sources as ``small hydropower,'' which includes hydropower
projects commonly referred to as ``micro-hydropower'' and ``mini-
hydropower.''
IV. Application and Submission Information
A. Address To Request Application
Applicants may obtain applications from Rural Development Rural
Energy Coordinators, as provided in the Addresses section of this
Notice. Applicants planning to apply electronically must visit http://www.grants.gov and follow the instructions.
B. Content and Form of Submission
Applicants must submit an original and one copy of the application
to the Rural Development State Office in which the applicant's
principal office is located. Applicants must submit complete
applications, consisting of the following elements, in order to be
considered.
(1) Form SF 424, Application for Federal Assistance;
(2) Form SF-424A, Budget Information--Non-Construction Programs;
(3) Form SF-424B, Assurances--Non-Construction Programs;
(4) If an entity, copies of applicant's organizational documents
showing the applicant's legal existence and authority to perform the
activities under the grant;
(5) A proposed scope of work, including a description of the
proposed project, details of the proposed activities to be accomplished
and timeframes for completion of each task, the number of months
duration of the project, and the estimated time it will take from grant
approval to beginning of project implementation. A written narrative to
be used as the scope of work which includes, at a minimum, the
following items:
(i) An Executive Summary;
(ii) The plan and schedule for implementation;
(iii) The anticipated number of agricultural producers and/or rural
small businesses to be served;
(iv) An itemized budget--compute total cost per rural small
business or agricultural producer served--matching funds should be
clearly identified as cash;
(v) The geographic scope of the proposed project;
(vi) Applicant experience as follows:
(A) If applying for a Renewable Energy Development Assistance
grant, the applicant's experience in completing similar renewable
energy development assistance activities, including the number of
similar projects the applicant has performed and the number of years
the applicant has been performing a similar service.
(B) If applying for an Energy Audit grant, the number of energy
audits and assessments the applicant has completed and the number of
years the applicant has been performing those services;
(C) For all applicants, the amount of experience in administering
these or similar activities using State or Federal support.
(vii) Applicant's resources, including personnel, finances, and
technology, to complete what is proposed. If submitting in multiple
states, resources must be sufficient to complete all projects;
(viii) Leveraging and commitment of other sources of funding being
brought to the project (in addition to the required 25 percent
contribution from the agricultural producer or rural small business for
the cost of an energy audit). Leveraged funds should be clearly
identified as cash and the source. Written documentation/confirmation
from the party committing a specific amount of leveraged funds is
required;
(ix) Outreach activities/marketing efforts specific to conducting
energy audit and renewable energy development assistance including:
(A) Project title;
(B) goals of the project;
(C) identified need;
(D) target audience;
(E) timeline and type of activities/action plan; and
(F) marketing strategies.
(x) Method and rationale used to select the areas and businesses
that will receive the service;
(xi) Brief description of how the work will be performed, including
whether organizational staff, consultants, or contractors will be used;
(6) The most recent financial audit (not more than 18 months old)
of the entity, or subdivision thereof, that will be performing the
proposed work. If
[[Page 10538]]
such an audit is not available, the latest financial information that
shows the financial capacity of the entity, or subdivision thereof, to
perform the proposed work. Such information may include, but not be
limited to, the most recent year-end balance sheet, income statement,
and other appropriate data that identifies the entity's resources;
(7) Except for applicants who are individuals, a Dun and Bradstreet
Data Universal Numbering System (DUNS) number; and
(8) Intergovernmental review comments from the State Single Point
of Contact, or evidence that the State has elected not to review the
project under Executive Order 12372.
C. Submission Dates, Times, and Addresses
Complete applications must be received in the appropriate USDA
Rural Development State Office no later than 4:30 pm local time June 9,
2009. Neither incomplete applications nor complete applications
received after this date and time will be considered, regardless of the
postmark on the application.
Applicants may submit their applications either to the Rural
Development Rural Energy Coordinator in the State in which the
applicant's principal office is located or via grants.gov. A list of
Rural Development Rural Energy Coordinators is provided in the
Addresses section of this Notice.
D. Intergovernmental Review
The Rural Energy for America Program is subject to the provisions
of the Executive Order 12372, which requires intergovernmental
consultation with State and local officials.
E. Funding Limitations
Grant funds awarded for energy audit and renewable energy
development assistance projects may be used only to pay eligible
project costs, as described in paragraph (1) below. Grant funds awarded
for energy audits and renewable energy development assistance projects
are prohibited from being used to pay costs associated with the items
listed in paragraph (2) below.
(1) Eligible project costs. Eligible project costs are those post
application expenses directly related to conducting and promoting
energy audits and renewable energy development assistance, which
include but are not limited to:
(i) Salaries directly or indirectly related to the project;
(ii) Travel expenses directly related to conducting energy audits
or renewable energy development assistance, as well as outreach and
marketing activities;
(iii) Office supplies (e.g. paper, pens, file folders); and
(iv) Administrative expenses, up to a maximum of 5 percent of the
grant, which include but are not limited to:
(A) Utilities;
(B) office space; and
(C) office equipment (e.g. computers, printers, copiers, scanners).
(2) Ineligible grant purposes. Grant funds may not be used to:
(i) Pay any costs of preparing the application package for funding
under this Notice;
(ii) Pay any costs of the project incurred prior to the application
date of the grant made under this Notice;
(iii) Fund political or lobbying activities;
(iv) Pay for assistance to any private business enterprise which
does not have at least 51 percent ownership by those who are either
citizens of the United States or who reside in the United States after
being legally admitted for permanent residence; and
(v) Pay any judgment or debt owed to the United States.
(3) Funding limitations. The following funding limitations apply.
(i) Maximum grant amount. The maximum aggregate amount of grants
awarded to any one recipient under this Notice cannot exceed $100,000.
(ii) Energy audits. A recipient of a grant under this Notice that
conducts an energy audit shall require that, as a condition of the
energy audit, the agricultural producer or rural small business pay at
least 25 percent of the cost of the energy audit. Further, the amount
paid by the agricultural producer or rural small business will be
retained by the recipient as a contribution towards the cost of the
energy audit.
V. Grant Provisions
This section identifies the process and procedures the Agency will
use to process and select applications, award grants, and administer
grants.
A. Processing and Scoring Applications
(1) Application review. Upon receipt of an application, the Agency
will conduct a review to determine if the applicant and project are
eligible. The Agency will notify the applicant in writing of the
Agency's findings. If the Agency has determined that either the
applicant or project is ineligible, it will include in the notification
the reason(s) for its determination(s).
(2) Incomplete applications. Incomplete applications will be
rejected. Applicants will be informed of the elements that made the
application incomplete. If a resubmitted application is received by the
applicable application deadline, the Agency will reconsider the
application.
(3) Subsequent ineligibility determinations. If at any time an
application is determined to be ineligible, the Agency will notify the
applicant in writing of its determination, and processing of the
application will cease.
(4) Application withdrawal. During the period between the
submission of an application and the execution of documents, the
applicant must notify the Agency, in writing, if the project is no
longer viable or the applicant no longer is requesting financial
assistance for the project. When the applicant so notifies the Agency,
the selection will be rescinded or the application withdrawn.
(5) Application deadline. Each complete and eligible application
received by the applicable Rural Development State office by 4:30 pm
local time June 9, 2009 will be scored. Any application received by the
applicable Rural Development State office after 4:30 p.m. local time
June 9, 2009, will not be considered.
(6) Scoring. The Agency will score each application using the
following criteria, with a maximum score of 100 points possible.
(i) Project proposal (maximum score of 10 points). The applicant
will be scored based on its in-house ability to conduct audits versus
using third party auditing organizations as illustrated in the
application.
(A) If the applicant proposes to use at least 51% of the awarded
funding to employ internal, qualified auditors and/or renewable energy
specialists for program implementation, up to 10 points will be awarded
as follows:
(i) If the percentage is between 51% and 75%, 5 points will be
awarded.
(ii). If the percentage is more than 75%, 10 points will be
awarded.
(B) If the applicant proposes to use less than 51% of the awarded
funding to employ internal, qualified auditors and/or renewable energy
specialists for program implementation, zero points will be awarded.
(ii) Use of Grant Funds for Administrative Expenses (maximum score
of 10 points). Grantees selected to participate may use up to 5 percent
of their award for administrative expenses.
(A) If the applicant proposes to use none of the grant funds for
Administrative Expenses, 10 points will be awarded.
(B) If the applicant proposes to use a portion (up to 5%) of the
grant funds for Administrative Expenses, zero points will be awarded.
[[Page 10539]]
(iii) Applicant's organizational experience in completing proposed
activity (maximum score of 15 points). The applicant will be scored on
the experience of the organization in meeting the benchmarks below.
This means that an organization must have been in business and provided
services as noted in the scoring requirements. An organization's
experience must be documented with references and resumes. Points will
be awarded as follows:
(A) More than 3 years of experience, 15 points will be awarded.
(B) At least 2 years and up to and including 3 years of experience,
10 points will be awarded.
(C) At least 1 year and up to 2 years of experience, 5 points will
be awarded.
(D) Less than 1 year of experience, 0 points will be awarded.
(iv) Geographic scope of project in relation to identified need
(maximum score of 10 points)
(A) If the applicant's proposed or existing rural service area is
State-wide or includes all or parts of multiple states, and the
marketing and outreach plan has identified needs throughout that
service area, 10 points will be awarded.
(B) If the applicant's proposed or existing rural service area
consists of multiple counties in a single State and the marketing and
outreach plan has identified needs throughout that service area, 7.5
points will be awarded.
(C) If the applicant's rural service area consists of a single
county or municipality and the marketing and outreach plan has
identified needs throughout that service area, 5 points will be
awarded.
(v) Number of agricultural producers/rural small businesses to be
served (maximum score of 15 points).
(A) If the applicant plans to provide audits to ultimate recipients
with average audit costs of $1,000 or less, 15 points will be awarded.
(B) If the applicant plans to provide audits to ultimate recipients
with average audit costs over $1,000 but less than $1,500, 10 points
will be awarded.
(C) If the applicant plans to provide audits to ultimate recipients
with average audit costs of $1,500 but less than $2,000, 5 points will
be awarded.
(vi) Potential of project to produce energy savings and its
attending environmental benefits (maximum score of 25 points).
Applicants can be awarded points under both paragraphs (vi)(A) and (B).
(A) If the applicant has an existing program that can demonstrate
the achievement of energy savings with the agricultural producers and/
or rural small businesses it has served, 13 points will be awarded.
(B) If the applicant provides evidence that it has received awards
in recognition for its renewable energy, energy savings, or energy-
based educational programming, up to 12 points will be awarded based on
number and rigorousness of the competition for each award.
(vii) Marketing and outreach plan (maximum of 10 points). If the
applicant includes in the application a marketing and outreach plan and
provides a satisfactory discussion of each of the following criteria,
two points for each of the following will be awarded:
(A) The goals of the project;
(B) Identified need;
(C) Target beneficiaries;
(D) Timeline and action plan; and
(E) Marketing strategies and supporting data for strategies.
(viii) Level and commitment of other funds for the project (not
including the 25 percent required contribution from ultimate recipients
for the cost of an energy audit) (maximum score of 5 points).
(A) If the applicant proposes to leverage grant funding with 50% or
more in non-State and non-federal government matching funds for the
subject grant, and has a written commitment for those funds, 5 points
will be awarded.
(B) If the applicant proposes leverage grant funding with less than
50% but more than 20% in non-State and non-federal government matching
funds for the subject grant, and has a written commitment for those
funds, 2 points will be awarded.
(C) If the applicant proposes less than 20% in non-State and non-
federal government matching funds, 0 points will be awarded.
B. Award Process
(1) Ranking of applications. All scored applications will be ranked
by the Agency as soon after the application deadline as possible. All
applications that are ranked will be considered for selection for
funding.
(2) Selection of applications for funding. Using the ranking
created under paragraph B(1) of this section, the Agency will consider
the score an application has received compared to the scores of other
applications in the priority list, with higher scoring applications
receiving first consideration for funding.
(i) If after the majority of applications have been funded,
insufficient funds remain to fund the next highest scoring application,
the Agency may elect to fund a lower scoring application. Before this
occurs, the Administrator, as applicable, will provide the applicant of
the higher scoring application the opportunity to reduce the amount of
its grant request to the amount of funds available. If the applicant
agrees to lower its grant request, it must certify that the purposes of
the project can be met, and the Administrator must determine the
project is financially feasible at the lower amount.
(ii) The Agency will notify, in writing, applicants whose
applications have been selected for funding.
(3) Disposition of ranked applications not funded. Based on the
availability of funding, a ranked application may not be funded in the
fiscal year in which it was submitted. Such ranked applications will
not be carried forward into the next fiscal year and the Agency will
notify the applicant in writing.
(4) Intergovernmental review. If State or local governments raise
objections to a proposed project under the intergovernmental review
process that are not resolved within 90 days of the Agency's selection
of the application, the Agency will rescind the selection and will
provide the applicant with a written notice to that effect. The Agency,
in its sole discretion, may extend the 90-day period if it appears
resolution is imminent.
C. Actions Prior to Grant Closing
(1) Changes in project cost or scope. If there is a significant
reduction in project cost or changes in project scope, the applicant's
funding needs, eligibility, and scoring, as applicable, will be
reassessed. Decreases in Agency funds will be based on revised project
costs and other selection factors; however, other factors, including
Agency regulations used at the time of grant approval, will remain the
same. Obligated grant funds not needed to complete the project will be
de-obligated.
(2) Evidence of and disbursement of other funds. Applicants
expecting funds from other sources for use in completing projects being
partially financed with Agency funds must have these funds from other
such sources prior to grant closing. Agency funds will not be expended
in advance of funds committed to the project from other sources without
prior Agency approval.
D. Letter of Conditions and Grant Agreement
(1) Letter of conditions. The Agency will notify the approved
applicant in writing, setting out the conditions under which the grant
will be made. The notice will include those matters necessary to ensure
that the proposed
[[Page 10540]]
grant is completed in accordance with the terms of the scope of work
and budget, that grant funds are expended for authorized purposes, and
that the applicable requirements prescribed in the relevant Department
regulations are complied with. The Letter of Conditions will be sent to
the applicant.
(2) Applicant's intent to meet conditions. Upon reviewing the
conditions and requirements in the letter of conditions, the applicant
must complete, sign, and return a Form RD 1942-46, ``Letter of Intent
to Meet Conditions,'' to the Agency; or if certain conditions cannot be
met, the applicant may propose alternate conditions to the Agency. The
Agency must concur with any changes proposed to the letter of
conditions by the applicant before the application will be further
processed.
(3) Grant agreement, forms, and certifications. Prior to grant
approval, the applicant must complete, sign, and return a grant
agreement (published at the end of this Notice). In addition, the
following forms and certifications must be submitted prior to grant
approval:
(A) Form RD 1942-46;''
(B) Form AD-1047, ``Certification Regarding Debarment, Suspension,
and Other Responsibility Matters--Primary Covered Transactions;''
(C) Form AD-1048, ``Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier Covered
Transactions,'' including certification from any person or entity you
do business with as a result of this government assistance that they
are not debarred or suspended from government assistance;
(D) Form AD-1049, ``Certification Regarding Drug-Free Workplace
Requirements (Grants) Alternative I--For Grantees Other Than
Individuals;''
(E) Form SF-LLL, ``Disclosure Form to Report Lobbying'' or Exhibit
A-1 of RD Instruction 1940-Q, ``Certification for Contracts, Grants,
and Loans;'' and
(F) Form RD 400-4, ``Assurance Agreement.''
(4) Grant approval. Form RD 1940-1 must be signed by the applicant.
(i) The applicant will be sent a copy of the executed Form RD 1940-
1, the approved scope of work, and a grant agreement (published at the
end of this Notice). The grant will be considered closed on the
obligation date.
(ii) The grantee must abide by all requirements contained in the
Grant Agreement, this Notice, and any other applicable Federal statutes
or regulations. Failure to follow these requirements may result in
termination of the grant and adoption of other available remedies.
E. Fund Disbursement
The Agency will determine, based on the applicable Departmental
regulations, whether disbursement of a grant will be by advance or
reimbursement. A SF-270, ``Request for Advance or Reimbursement,'' must
be completed by the grantee and submitted to the Agency no more often
than monthly to request either advance or reimbursement of funds. Upon
receipt of a properly completed SF-270, the funds will be requested
through the field office terminal system. Ordinarily, payment will be
made within 30 days after receipt of a proper request for advance or
reimbursement.
F. Use of Remaining Funds
Funds remaining after all costs incident to the basic project have
been paid or provided for are to be handled as specified in this
section.
(1) Remaining funds are not to include grantee contributions.
(2) Remaining funds may be used based on prior approval by the
Agency for eligible grant purposes, provided:
(i) The use will not result in major changes to the project;
(ii) the purpose of the grant remains the same; and
(iii) the project remains within its original scope.
(3) Grant funds not expended within 24 months from date of the
grant agreement will be cancelled by the Agency. Prior to the actual
cancellation, the Agency will notify, in writing, the grantee of the
Agency's intent to cancel the remaining funds.
G. Monitoring and Reporting Project Performance
(1) Monitoring of projects. Grantees are responsible for ensuring
all activities are performed within the approved scope of work and that
funds are only used for approved purposes. Grantees shall constantly
monitor performance to ensure that time schedules are being met,
projected work by time periods is being accomplished, financial
resources appropriately expended by contractors (if applicable), and
any other performance objectives identified in the scope of work are
being achieved. To the extent resources are available, the Agency will
monitor grantees to ensure that activities are performed in accordance
with the Agency-approved scope of work and to ensure that funds are
expended for approved purposes. The Agency's monitoring of Grantees
neither relieves the Grantee of its responsibilities to ensure that
activities are performed within the scope of work approved by the
Agency and that funds are expended for approved purposes only nor
provides recourse or a defense to the Grantee should the Grantee
conduct unapproved activities, engage in unethical conduct, engage in
activities that are or give the appearance of a conflict of interest,
or expend funds for unapproved purposes.
(2) Financial status reports. A SF-269, ``Financial Status
Report,'' and a project performance activity report will be required of
all grantees on a semiannual basis. The grantee will complete the
project within the total sums available to it, including the grant, in
accordance with the scope of work and any necessary modifications
thereof prepared by grantee and approved by the Agency.
(3) Performance reports. Grantees must submit to the Agency, in
writing, semiannual performance reports and a final performance report,
once all project activities are completed. Grantees are to submit an
original of each report to the Agency.
(i) Semiannual performance reports. Project performance reports
shall include, but not be limited to, the following:
(A) A comparison of actual accomplishments to the objectives
established for that period (e.g. , the number of audits performed,
number of recipients of renewable energy development assistance);
(B) Problems, delays, or adverse conditions, if any, that have in
the past or will in the future affect attainment of overall project
objectives, prevent meeting time schedules or objectives, or preclude
the attainment of particular project work elements during established
time periods. This disclosure shall be accompanied by a statement of
the action taken or planned to resolve the situation;
(C) Percent of financial resources expended on contractors; and
(D) Objectives and timetable established for the next reporting
period.
(ii) Final performance report. A final performance report will be
required with the final Financial Status Report within 90 days after
project completion. In addition to the information required under
paragraph (3)(i) above, the final performance report must contain the
information specified in paragraphs (3)(ii)(A) and (3)(ii)(B) below, as
applicable, of this section.
(A) For energy audit projects, the final performance report must
provide complete information regarding:
(i) The number of audits conducted,
(ii) a list of recipients (agricultural producers and rural small
businesses)
[[Page 10541]]
with their North American Industry Classification System code,
(iii) the location of each recipient,
(iv) the cost of each audit,
(v) the expected energy saved for each audit conducted if the audit
is implemented, and
(vi) the percent of financial resources expended on contractors.
(B) For renewable energy development assistance projects, the final
performance report must provide complete information regarding:
(i) A list of recipients with their North American Industry
Classification System code,
(ii) the location of each recipient,
(iii) the expected renewable energy that would be generated if the
projects were implemented, and
(iv) the percent of financial resources expended on contractors.
(4) Final status report. One year after submittal of the final
semiannual performance report, the Grantee will provide the Grantor a
final status report on the number of projects that are proceeding with
one or all of the Grantee's recommendations, including the amount of
energy saved and the amount of renewable energy generated, as
applicable.
(5) Other reports. The Agency may request any additional project
and/or performance data for the project for which grant funds have been
received.
H. Financial Management System and Records
(1) The grantee will provide for Financial Management Systems that
will include:
(i) Accurate, current, and complete disclosure of the financial
result of each grant.
(ii) Records that identify adequately the source and application of
funds for grant-supporting activities, together with documentation to
support the records. Those records shall contain information pertaining
to grant awards and authorizations, obligations, unobligated balances,
assets, liabilities, outlays, and income.
(iii) Effective control over and accountability for all funds.
Grantee shall adequately safeguard all such assets and shall ensure
that funds are used solely for authorized purposes.
(2) The grantee will retain financial records, supporting
documents, statistical records, and all other records pertinent to the
grant for a period of at least 3 years after completion of grant
activities except that the records shall be retained beyond the 3-year
period if audit findings have not been resolved or if directed by the
United States. Microfilm copies may be substituted in lieu of original
records. The Agency and the Comptroller General of the United States,
or any of their duly authorized representatives, shall have access to
any books, documents, papers, and records of the grantee which are
pertinent to the specific grant for the purpose of making audit,
examination, excerpts, and transcripts.
I. Audit Requirements
Grantees must provide an annual audit in accordance with 7 CFR part
3052.
J. Grant Servicing
Grants will be serviced in accordance with Departmental regulations
and 7 CFR part 1951, subparts E and O. Grantees will permit periodic
inspection of the project operations by a representative of the Agency.
All non-confidential information resulting from the Grantee's
activities shall be made available to the general public on an equal
basis.
K. Programmatic Changes
The Grantee shall obtain prior Agency approval for any change to
the scope or objectives of the approved project. Failure to obtain
prior approval of changes to the scope of work or budget may result in
suspension, termination, and recovery of grant funds.
L. Transfer of Obligations
Subject to Agency approval, an obligation of funds established for
a grantee may be transferred to a different (substituted) grantee
provided:
(1) The substituted grantee
(i) is eligible;
(ii) has a close and genuine relationship with the original
grantee; and
(iii) has the authority to receive the assistance approved for the
original grantee; and
(2) The need, purpose(s), and scope of the project for which the
Agency funds will be used remain substantially unchanged.
M. Grant Close Out and Related Activities
In addition to the requirements specified in the Departmental
regulations, failure to submit satisfactory reports on time under the
provisions of Section V.G., Monitoring and Reporting Project
Performance, requirements may result in the suspension or termination
of a grant. The provisions of this section apply to grants and sub-
grants.
VI. Administration Information
A. Notice of Eligibility
If an applicant is determined by the Agency to be eligible for
participation, the Agency will notify the applicant in writing. If an
applicant is determined by the Agency to be ineligible, the Agency will
notify the applicant, in writing, as to the reason(s) the applicant was
rejected. Such applicant will have review and appeal rights as
specified in this Section.
B. Administrative and National Policy Requirements
(1) Review or appeal rights. A person may seek a review of an
Agency decision under this Notice from the appropriate Agency official
that oversees the program in question or appeal to the National Appeals
Division in accordance with 7 CFR part 11.
(2) Notification of unfavorable decisions. If at any time prior to
grant approval it is decided that favorable action will not be taken on
an application, the State Director will notify the applicant in writing
of the decision and of the reasons why the request was not favorably
considered. The notification will inform applicant officials of their
rights to an informal review, mediation, and appeal of the decision in
accordance with 7 CFR part 11.
C. Exception Authority
Except as specified in paragraphs (1) and (2) below, the
Administrator may make exceptions to any requirement or provision of
this Notice, if such exception is in the best financial interests of
the Federal Government and is otherwise not in conflict with applicable
laws.
(1) Applicant eligibility. No exception to applicant eligibility
can be made.
(2) Project eligibility. No exception to project eligibility can be
made.
D. Member or Delegate Clause
No member of or delegate to Congress shall receive any share or
part of this grant or any benefit that may arise there from; but this
provision shall not be construed to bar as a contractor under the grant
a publicly held corporation whose ownership might include a member of
Congress.
E. Environmental Review
All grants made under this subpart are subject to the requirements
of 7 CFR part 1940, subpart G. Applications for technical assistance or
planning assistance are categorically excluded from the environmental
review process by 7 CFR 1940.333. Applicants for grant
[[Page 10542]]
funds must consider and document within their plans the important
environmental factors within the planning area and the potential
environmental impacts of the plan, as well as the alternatives
considered.
F. Other USDA Regulations
Energy audit and renewable energy development assistance projects
funded under this Notice are subject to the provisions of the
Department regulations, as applicable, which are incorporated by
reference herein.
VII. Agency Contacts
Notice Contact. For information about this Notice, please contact
the Energy Branch, USDA Rural Development, STOP 3225, Room 6870, 1400
Independence Avenue, SW., Washington, DC 20250-3225. Telephone: (202)
720-1400.
For assistance on energy audit and renewable energy development
assistance grants, please contact of the applicable Rural Development's
Rural Energy Coordinator, as provided in the Addresses section of this
Notice.
VIII. Non-Discrimination Statement
USDA prohibits discrimination in all its programs and activities on
the basis of race, color, national origin, age, disability, and where
applicable, sex, marital status, familial status, parental status,
religion, sexual orientation, genetic information, political beliefs,
reprisal, or because all or part of an individual's income is derived
from any public assistance program. (Not all prohibited bases apply to
all programs.) Persons with disabilities who require alternative means
for communication of program information (braille, large print,
audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600
(voice and TDD). To file a complaint of discrimination write to USDA,
Director, Office of Civil Rights, 1400 Independence Avenue, SW.,
Washington, DC 20250-9410 or call (800) 795-3272 (voice) or (202) 720-
6382 (TDD). USDA is an equal opportunity provider and employer.''
IX. Civil Rights Compliance Requirements
All grants made under this Notice are subject to title VI of the
Civil Rights Act of 1964 and part 1901, subpart E.
Dated: March 5, 2009.
Pandor Hadjy,
Acting Deputy Administrator, Rural Business-Cooperative Service.
Energy Audit and Renewable Energy Development Assistance Grant
Agreement
This Grant Agreement is a contract for receipt of grant funds under
the Rural Energy for America program, Title IX, Section 9007 of the
Food, Conservation, and Energy Act of 2008,'' (Pub. L. 110-234) between
the Grantee and the United States of America acting through Rural
Development, Department of Agriculture (Grantor). All references herein
to ``Project'' refer to an energy audit project and/or renewable energy
development assistance project identified in the scope of work
submitted with the application. Should actual project costs be lower
than projected in the scope of work, the final amount of grant may be
adjusted.
A. Assurance Agreement
Grantee assures the Grantor that Grantee is in compliance with and
will comply in the course of the Agreement with all applicable laws,
regulations, Executive Orders, and other generally applicable
requirements, including those contained in the Departmental regulations
as codified in 7 CFR parts 3000 through 3099, including but not
necessarily limited to 7 CFR parts 3015 through 3019, 7 CFR part 3021,
and 7 CFR part 3052, and successor regulations to these parts, which
are incorporated into this agreement by reference, any applicable
Notices published in the Federal Register , and such other statutory
provisions as are specifically contained herein.
Grantee and Grantor agree to all of the terms and provisions of any
policy or regulations promulgated under Title IX, Section 9007 of the
Food, Conservation, and Energy Act of 2008. Any application submitted
by the Grantee for this grant, including any attachments or amendments,
are incorporated and included as part of this Agreement. Any changes to
these documents or this Agreement must be approved in writing by the
Grantor.
The Grantor may terminate the grant in whole, or in part, at any
time before the date of completion, whenever it is determined that the
Grantee has failed to comply with the conditions of this Agreement.
B. Use of Grant Funds
Grantee will use grant funds and leveraged funds only for the
purposes and tasks included in the application and budget approved by
the Grantor. Budget and approved use of funds are further described in
the Grantor Letter of Conditions and amendments or supplements thereto.
Any uses not provided for in the approved budget must be approved in
writing by the Grantor.
C. Civil Rights Compliance
Grantee will comply with Executive Order 12898, Title VI of the
Civil Rights Act of 1964, and Section 504 of the Rehabilitation Act of
1973. This shall include collection and maintenance of data on the
race, sex, disability, faith based (if applicable) and national origin
of the Grantee's membership/ownership and employees. These data must be
available to the Grantor in its conduct of Civil Rights Compliance
Reviews, which will be conducted prior to grant closing and 3 years
later, unless the final disbursement of grant funds has occurred prior
to that date.
D. Financial Management Systems
1. Grantee will provide a Financial Management System in accordance
with Departmental regulations as codified in 7 CFR parts 3000 through
3099, including but not necessarily limited to 7 CFR parts 3015 through
3019, 7 CFR part 3021, and 7 CFR part 3052, and successor regulations
to these parts, including but not limited to:
(i) Records that identify adequately the source and application of
funds for grant-supported activities. Those records shall contain
information pertaining to grant awards and authorizations, obligations,
unobligated balances, assets, liabilities, outlays, and income;
(ii) Effective control over and accountability for all funds,
property, and other assets. Grantees shall adequately safeguard all
such assets and ensure that they are used solely for authorized
purposes;
(iii) Accounting records prepared in accordance with generally
accepted accounting principles (GAAP) and supported by source
documentation; and
(iv) Grantee tracking of fund usage and records that show matching
funds and grant funds are used proportionally. The Grantee will provide
verifiable documentation regarding matching funds usage, i.e., bank
statements or copies of funding obligations from the matching source.
2. Grantee will retain financial records, supporting documents,
statistical records, and all other records pertinent to the grant for a
period of at least 3 years after completion of grant activities, except
that the records shall be retained beyond the 3-year period if
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audit findings have not been resolved or if directed by the United
States. The Grantor and the Comptroller General of the United States,
or any of their duly authorized representatives, shall have access to
any books, documents, papers, and records of the Grantee which are
pertinent to the grant for the purpose of making audits, examinations,
excerpts, and transcripts.
E. Procurement
Grantee will comply with the applicable procurement requirements of
7 CFR part 3015 regarding standards of conduct, open and free
competition, access to contractor records, and equal employment
opportunity requirements.
F. Reporting
1. Grantee will after grant approval through project completion:
(i) Provide periodic reports as required by the Grantor. A
financial status report and a project performance report will be
required on a semiannual basis (due 30 working days after end of the
semiannual period). For the purposes of this grant, semiannual periods
end on June 30 and December 31. The financial status report must show
how grant funds and leveraged funds have been used to date and project
the funds needed and their purposes for the next quarter. Grantees
shall constantly monitor performance to ensure that time schedules are
being met and projected goals by time periods are being accomplished.
The project performance reports shall include the following:
(A) Semiannual performance reports. Project performance reports
shall include, but not be limited to, the following:
(1) A comparison of actual accomplishments to the objectives
established for that period (e.g., the number of audits performed,
number of recipients of renewable energy development assistance);
(2) Problems, delays, or adverse conditions, if any, which have
affected or will affect attainment of overall project objectives,
prevent meeting time schedules or objectives, or preclude the
attainment of particular project work elements during established time
periods. This disclosure shall be accompanied by a statement of the
action taken or planned to resolve the situation;
(3) Percent of financial resources expended on contractors; and
(4) Objectives and timetable established for the next reporting
period.
(B) Final performance report. A final performance report will be
required with the final Financial Status Report.
(1) For energy audit projects, the final performance report must
provide the information required in a semiannual performance report;
complete information regarding the number of audits conducted; a list
of recipients with their North American Industry Classification System
code; the location of the recipient; the cost of each audit; the
expected energy saved for each audit conducted if the audit is
implemented; the number of jobs created and saved for an agricultural
producer and rural small business, as applicable, as a result of the
grant; and the percent of financial resources expended on contractors.
(2) For renewable energy development assistance projects, the final
performance report must provide the information required in a
semiannual performance report; complete information regarding a list of
recipients with their North American Industry Classification System
code; the location of the recipient; the expected renewable energy that
would be generated if the projects were implemented; and the percent of
financial resources expended on contractors.
(ii) For the year(s) in which grant funds are received, the Grantee
will provide an annual financial statement to the Grantor.
2. Grantee will, after project completion:
(i) Allow Grantor access to the records and performance information
obtained under the scope of the project; and
(ii) One year after submittal of the final semiannual performance
report, the Grantee will provide the Grantor a final status report on
the number of projects that are proceeding with one or all of the
Grantee's recommendations, including the amount of energy saved and the
amount of renewable energy generated, as applicable.
G. Grant Disbursement
Unless required by funding partners to be provided on a pro rata
basis with other funding sources, grant funds will be disbursed after
all other funding sources have been expended.
1. Requests for reimbursement may be submitted monthly or more
frequently if authorized to do so by the Grantor. Ordinarily, payment
will be made within 30 days after receipt of a proper request for
reimbursement.
2. Grantee shall not request reimbursement for the Federal share of
amounts withheld from contractors to ensure satisfactory completion of
work until after it makes those payments.
3. Payment shall be made by electronic funds transfer.
4. Standard Form 270, ``Request for Advance or Reimbursement,'' or
other format prescribed by Grantor shall be used to request Grant
reimbursements.
H. Use of Remaining Grant Funds
Grant funds not expended within 24 months from date of this
agreement will be cancelled by the Agency. Prior to the actual
cancellation, the Agency will notify, in writing, the grantee of the
Agency's intent to cancel the remaining funds.
In witness whereof, Grantee has this day authorized and caused this
Agreement to be signed in its name and its corporate seal to be
hereunto affixed and attested by its duly authorized officer(s)
thereunto, and the Grantor has caused this Agreement to be duly
executed in its behalf by:
GRANTOR:
[SEAL]----------------------------------------------------------------
Name:
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Date
Title:
UNITED STATES OF AMERICA
DEPARTMENT OF AGRICULTURE
RURAL DEVELOPMENT
GRANTEE:
[SEAL]----------------------------------------------------------------
Name:
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Date
Title:
[FR Doc. E9-5154 Filed 3-10-09; 8:45 am]
BILLING CODE 3410-XY-P