[Federal Register Volume 75, Number 107 (Friday, June 4, 2010)]
[Notices]
[Pages 31771-31775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13491]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Office of Elementary and Secondary Education
Overview Information; Impact Aid Discretionary Construction Grant
Program; Notice inviting applications for New Awards Using Fiscal Year
2009 Funds.
Catalog of Federal Domestic Assistance (CFDA) Number: 84.041C.
DATES:
Applications Available: June 4, 2010.
Deadline for Transmittal of Applications: July 6, 2010.
Deadline for Intergovernmental Review: August 3, 2010.
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program: The Impact Aid Discretionary Construction Grant
program provides grants for emergency repairs and modernization of
school facilities to certain eligible local educational agencies (LEAs)
that receive formula Impact Aid funds.
Priority: In this notice, the Secretary is soliciting applications
only for Priority 1 emergency repair grants. We will not accept
applications for Priority 2 emergency repair or modernization grants at
this time. In accordance with 34 CFR 75.105(b)(2)(ii) and (iv), this
priority is from section 8007(b)(2)(A) of the Elementary and Secondary
Education Act of 1965, as amended (Act) (20 U.S.C. 7707(b)), and the
regulations for this program in 34 CFR 222.177.
Absolute Priority: For this competition using FY 2009 funds, this
is an absolute priority. Under 34 CFR 75.105(c)(3) we consider only
applications that meet this priority.
This priority is: Priority 1 emergency repair grants. An LEA is
eligible to apply for an emergency grant under the first priority of
section 8007(b) of the Act if it--
(a) Is eligible to receive formula construction funds for fiscal
year 2009 under section 8007(a) of the Act (20 U.S.C. 7707(a));
(b)(1) Has no practical capacity to issue bonds;
(2) Has minimal capacity to issue bonds and has used at least 75
percent of its bond limit; or
(3) Is eligible to receive funds for fiscal year 2009 for heavily
impacted districts under section 8003(b)(2) of the Act (20 U.S.C.
7707(b)(2)); and
(c) Has a school facility emergency that the Secretary has
determined poses a health or safety hazard to students and school
personnel.
Note: For each of the competitions held under this program with
FYs 2002, 2003, 2004, 2005, and 2008 funds, the amounts requested by
applicants for Priority 1 grants exceeded the funds available. (The
Impact Aid Discretionary grant program was not funded in FYs 2006
and 2007.)
Program Authority: 20 U.S.C. 7707(b).
Applicable Regulations: (a) The Education Department General
Administrative Regulations (EDGAR) in 34 CFR parts 75 (except for 34
CFR 75.600 through 75.617), 77, 79, 80, 82, 84, 85, 97, 98, and 99. (b)
The regulations for this program in 34 CFR part 222.
Note: The regulations in 34 CFR part 79 apply to all applicants
except federally recognized Indian tribes.
II. Award Information
Type of Award: Discretionary grant.
Estimated Available Funds: $17,509,000.
Estimated Range of Awards: $50,000-$5,000,000.
Estimated Average Size of Awards: $1,600,000.
Estimated Number of Awards: 11.
Note: The Department is not bound by any estimates in this
notice.
Project Period: Up to 60 months. We will determine each project
period based on the nature of the project proposed and the time needed
to complete the project. We will specify this period in the grant award
document.
III. Eligibility Information
1. Eligible 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 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, be eligible for funding for heavily
impacted LEAs under section 8003(b)(2) of the Act, or meet the specific
numeric requirements regarding bonding capacity. 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.
2.a. Cost Sharing or Matching: See 20 U.S.C. 7707(b)(5) 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 2007, 2008, and 2009, or the most recently available
financial reports showing closing balances for all school funds. If
significant amounts were available at the close of FY 2009 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.
b. Supplement-Not-Supplant: As outlined in 34 CFR 222.174, grants
made under this program are subject to supplement, not supplant funding
provisions. Grant funds under this program may not be used to supplant
or replace other available non-Federal construction money.
IV. Application and Submission Information
1. Address to Request Application Package: An electronic
application is available at: http://e-grants.ed.gov. For assistance,
please contact Kristen Walls-Rivas, Impact Aid Program, U.S. Department
of Education, 400 Maryland Avenue, SW., room 3C155, Washington, DC
20202-6244. Phone: 1-202-260-1357. Fax: 1-866-799-1272. E-mail:
[email protected].
[[Page 31772]]
If you use a telecommunications device for the deaf (TDD), call the
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
Individuals with disabilities can obtain a copy of the application
package in an accessible format (e.g., braille, large print, audiotape,
or computer diskette) by contacting the person or team listed under
Accessible Format in section VIII of this notice.
2. Content and Form of Application Submission: Requirements
concerning the content of an application, together with the forms you
must submit, are in the application package for this program.
Page Limit: We strongly recommend that applicants limit their
responses in each applicable narrative section to two pages. The
narrative should be double spaced using a 12-point font or greater. The
page should have a margin that is one inch or greater.
3. Submission Dates and Times:
Applications Available: June 4, 2010.
Deadline for Transmittal of Applications: July 6, 2010.
Applications for grants under this competition must be submitted
electronically using the Electronic Grant Application System (e-
Application) available through the Department's e-Grants system. For
information (including dates and times) about how to submit your
application electronically or by mail or hand delivery if you qualify
for an exception to the electronic submission requirement, please refer
to section IV.7. Other Submission Requirements of this notice.
Individuals with disabilities who need an accommodation or
auxiliary aid in connection with the application process should contact
the person listed under For Further Information Contact in section VII
of this notice.
Deadline for Intergovernmental Review: August 3, 2010.
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 package for this program.
5. Funding Restrictions: Except for applicants with no practical
capacity to issue bonds, as defined in 34 CFR 222.176, an eligible
applicant's award amount(s) may not be more than 50 percent of the
total cost of an approved project(s) and may not exceed four million
dollars during any four-year period. See 34 CFR 222.193. While
applicants may submit multiple applications, the Department may limit
awards for a single applicant based on factors specified in 34 CFR
75.217, including the applicant's performance and use of funds under a
prior award. Unallowable costs are specified 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. Data Universal Numbering System Number, Taxpayer Identification
Number, and Central Contractor Registry: To do business with the
Department of Education, (1) you must have a Data Universal Numbering
System (DUNS) number and a Taxpayer Identification Number (TIN); (2)
you must register both of those numbers with the Central Contractor
Registry (CCR), the Government's primary registrant database; and (3)
you must provide those same numbers on your application.
You can obtain a DUNS number from Dun and Bradstreet. A DUNS number
can be created within one business day.
If you are a corporate entity, agency, institution, or
organization, you can obtain a TIN from the Internal Revenue Service.
If you are an individual, you can obtain a TIN from the Internal
Revenue Service or the Social Security Administration. If you need a
new TIN, please allow 2-5 weeks for your TIN to become active.
The CCR registration process may take five or more business days to
complete. If you are currently registered with the CCR, you may not
need to make any changes. However, please make certain that the TIN
associated with your DUNS number is correct. Also note that you will
need to update your CCR registration on an annual basis. This may take
three or more business days to complete.
7. Other Submission Requirements: Applications for grants under
this competition must be submitted electronically unless you qualify
for an exception to this requirement in accordance with the
instructions in this section.
a. Electronic Submission of Applications.
Applications for grants under the Impact Aid Discretionary
Construction Grant Program, CFDA number 84.041C, must be submitted
electronically using the e-Application system available through the
Department's e-Grants system, accessible through the e-Grants portal
page at: http://e-grants.ed.gov.
We will reject your application if you submit it in paper format
unless, as described elsewhere in this section, you qualify for one of
the exceptions to the electronic submission requirement and submit, no
later than two weeks before the application deadline date, a written
statement to the Department that you qualify for one of these
exceptions. Further information regarding calculation of the date that
is two weeks before the application deadline date is provided later in
this section under Exception to Electronic Submission Requirement.
While completing your electronic application, you will be entering
data 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:
You must complete the electronic submission of your grant
application by 4:30:00 p.m., Washington, DC time, on the application
deadline date. The e-Application system will not accept an application
for this competition after 4:30:00 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 6:00 a.m. Monday until 7:00 p.m. Wednesday; and 6:00 a.m. Thursday
until 8:00 p.m. Sunday, Washington, DC time. Please note that the
system is unavailable between 8:00 p.m. on Sundays and 6:00 a.m. on
Mondays, and between 7:00 p.m. on Wednesdays and 6:00 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 qualify for an exception to the electronic submission
requirement, as described elsewhere in this section, and submit your
application in paper format.
You must submit all documents electronically, including
all information you typically provide on the following forms: The
Application for Discretionary Construction Program under Section
8007(b) and all necessary
[[Page 31773]]
signature pages. The cover page and the independent certification may
be sent either by facsimile or by e-mail. All additional narrative
documents must be attached to the application as files in a .DOC
(document), .RTF (rich text), or .PDF (Portable Document) format. If
you upload a file type other than the three file types specified in
this paragraph or submit a password protected file, we will not review
that material.
Prior to submitting your electronic application, you may
wish to print a copy of it for your records.
After you electronically submit your application, you will
receive an automatic acknowledgment that will include a PR/Award number
(an identifying number unique to your application).
By 4:30:00 p.m., Washington, DC time, on the application
deadline date, you must fax or e-mail a signed copy of the cover page
and the emergency certification form for the Application for
Discretionary Construction Program under Section 8007(b) to the Impact
Aid Program after following these steps:
(1) Print a copy of the application from e-Application for your
records. You should print these forms in landscape page orientation to
ensure the entire application is printed correctly. To print using the
landscape orientation: (1) Open the application in e-Application, (2)
Go to the forms page, (3) Click the printer icon next to the form link
in e-Application, (4) Go to File on your Internet browser menu, (5)
Select page set up, (6) Select the Landscape under page orientation,
(7) Click ``OK,'' and (8) Print page.
(2) Have the applicant's Authorized Representative date and sign
the cover page. The local certifying official must sign the
certification for an emergency application. These forms must be
submitted by 4:30:00 p.m., Washington, DC time, on the application
deadline date in order to be considered for funding under this program.
(3) Place the PR/Award number in the upper right hand corner of the
hard-copy signature page of the Application for Discretionary
Construction Program under Section 8007(b).
(4) Fax or e-mail the signed cover page and independent
certification for the Discretionary Construction Program under Section
8007(b) to the Impact Aid Program to 1-866-799-1272 or by e-mail to
[email protected]. These forms must be submitted by 4:30:00 p.m.,
Washington, DC time, on the application deadline date in order to be
considered for funding under this program.
We may request that you provide us additional signed forms
at a later date.
Application Deadline Date Extension in Case of e-Application 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 to enable you to transmit your application
electronically, by mail, or by hand delivery. We will grant this
extension if--
(1) You are a registered user of 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 4:30:00 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 acknowledgment 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 e-Application system is
unavailable due to technical problems with the system 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.
Exception to Electronic Submission Requirement: You qualify for an
exception to the electronic submission requirement, and may submit your
application in paper format, if you are unable to submit an application
through the e-Application system because--
You do not have access to the Internet; or
You do not have the capacity to upload large documents to
the Department's e-Application system;
and
No later than two weeks before the application deadline
date (14 calendar days or, if the fourteenth calendar day before the
application deadline date falls on a Federal holiday, the next business
day following the Federal holiday), you mail or fax a written statement
to the Department, explaining which of the two grounds for an exception
prevents you from using the Internet to submit your application. If you
mail your written statement to the Department, it must be postmarked no
later than two weeks before the application deadline date. If you fax
your written statement to the Department, we must receive the faxed
statement no later than two weeks before the application deadline date.
Address and mail or fax your statement to: Kristen Walls-Rivas,
Impact Aid Program, U.S. Department of Education, 400 Maryland Avenue,
SW., room 3C155, Washington, DC 20202-6244. FAX: 1-866-799-1272.
Your paper application must be submitted in accordance with the
mail or hand delivery instructions described in this notice.
b. Submission of Paper Applications by Mail.
If you qualify for an exception to the electronic submission
requirement, you may mail (through the U.S. Postal Service or a
commercial carrier) your application to the Department. You must mail
the original and two copies of your application, on or before the
application deadline date, to the Department at the following address:
U.S. Department of Education, Impact Aid Program, Attention: (CFDA
Number 84.041C), Room 3C155, 400 Maryland Avenue, SW., Washington, DC
20202-6244.
You must show proof of mailing consisting of one of the following:
(1) A legibly dated U.S. Postal Service postmark,
(2) A legible mail receipt with the date of mailing stamped by the
U.S. Postal Service,
(3) A dated shipping label, invoice, or receipt from a commercial
carrier, 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 qualify for an exception to the electronic submission
requirement, you (or a courier service) may deliver your paper
application to the Department by hand. You must deliver the original
and two copies of your application, by hand,
[[Page 31774]]
on or before the application deadline date, to the Department at the
following address:
U.S. Department of Education, Impact Aid Program, Attention: (CFDA
Number 84.041C), Room 3C155, 400 Maryland Avenue, SW., Washington, DC
20202-6244.
The Impact Aid Program accepts hand deliveries daily between 8:00 a.m.
and 4:30:00 p.m., Washington, DC time, except Saturdays, Sundays, and
Federal holidays. Note for Mail or Hand Delivery of Paper Applications:
If you mail or hand deliver your application to the Department--
(1) You must indicate on the envelope--if not provided by the
Department--the CFDA number, including suffix letter, if any, of the
competition under which you are submitting your application; and
(2) The Impact Aid Program will mail to you a notification of
receipt of your grant application. If you do not receive this grant
notification within 15 business days from the application deadline
date, you should call the U.S. Department of Education Impact Aid
Program at (202) 260-3858.
V. Application Review Information
1. Selection Criteria: The selection criteria for this program are
from 20 U.S.C. 7707(b)(4) and (b)(6), and are further clarified in 34
CFR 222.183 and 222.187 and 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 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. Applicants should
describe the systems or areas of the facility involved, e.g., HVAC,
roof, floor, windows; the type of space affected, such as
instructional, resource, food service, recreational, general support,
or other areas; the percentage of building occupants affected by the
emergency; and the importance of the facility or affected area to the
instructional program.
(2) Project urgency. (up to 28 points)
(a) Risk to occupants if the facility condition is not addressed.
Applicants should describe projected increased future costs; the
anticipated effect of the proposed project on the useful life of the
facility or the need for major construction; and the age and condition
of the facility and date of last renovation of affected areas.
(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 LEA
(percentage of Federal property divided by 10); (up to 10 points)
(b) The number of federally connected children identified in
section 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
section 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 this percentage 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 four 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). Points will be distributed by
providing all four points to LEAs in the State's poorest quartile and
only one point to LEAs in the State's wealthiest quartile. (up to four
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. Points will be distributed
by providing all four points to LEAs in the State's highest-taxing
quartile and only one point to LEAs in the State's lowest-taxing
quartile. (up to four points)
2. Review and Selection Process: Upon receipt, Impact Aid program
staff will screen all applications to eliminate any applications that
do not meet the eligibility standards, are incomplete, or are late.
Applications that do not contain a signed cover page and a signed
independent certification received by the Impact Aid Program by 4:30:00
p.m., Washington, DC time, on the application deadline date are
considered incomplete and will not be considered for funding. Program
staff will also calculate the scores for each application under
criteria (3) and (4). Panel reviewers will assess the applications
under criteria (1) and (2).
(a) Applications are ranked based on the total number of points
received during the review process. Those with the highest scores will
be at the top of the funding slate.
(b) While applicants may submit multiple applications, the
Department may limit awards for a single applicant based on factors
specified in 34 CFR 75.217, including the applicant's performance and
use of funds under a prior award.
(c) For applicants that request funding for new construction and
that are selected for funding, the Impact Aid Program will request a
feasibility of construction study prior to making an award
determination. The independent third party study should demonstrate
that the area upon which the construction will occur is suitable for
construction and will be able to sustain the new facility or addition.
This study should include information to show that the soil is stable,
the site is suitable for construction and the existing infrastructure
can serve and sustain the new facility.
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 notify you informally, also.
If your application is not evaluated or not selected for funding,
we notify you.
2. Administrative and National Policy Requirements: We identify
administrative and national policy requirements in the application
package and reference these and other requirements in the Applicable
Regulations section of this notice.
We reference the regulations outlining the terms and conditions of
an award in the Applicable Regulations section of this notice and
include these and other specific conditions in the GAN. The GAN also
incorporates your approved
[[Page 31775]]
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 directed by the Secretary
under 34 CFR 75.118. 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.
The Secretary may also require more frequent performance reports under
34 CFR 75.720(c). For specific requirements on reporting, please go to
http://www.ed.gov/fund/grant/apply/appforms/appforms.html.
4. Performance Measures: The Department has established the
following performance measure for this program: an increasing
percentage of LEAs receiving Impact Aid Construction funds will report
that the overall condition of their school buildings is adequate. Data
for this measure will be reported to the Department on Table 10 of the
application for Impact Aid Section 8003 Basic Support Payments.
VII. Agency Contact
For Further Information Contact: Kristen Walls-Rivas, Impact Aid
Program, U.S. Department of Education, 400 Maryland Avenue, SW., room
3C155, Washington, DC 20202-6244. Telephone: (202) 260-3858 or by e-
mail: [email protected].
If you use a TDD, call the FRS, toll free, at 1-800-877-8339.
VIII. Other Information
Accessible Format: Individuals with disabilities can obtain this
document and a copy of the application package in an accessible format
(e.g., braille, large print, audiotape, or computer diskette) on
request to the program contact person listed under For Further
Information Contact in section VII of this notice.
Electronic Access to This Document: You can 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.
Dated: June 1, 2010.
Thelma Mel[eacute]ndez de Santa Ana,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2010-13491 Filed 6-3-10; 8:45 am]
BILLING CODE 4000-01-P