[Federal Register: April 26, 2010 (Volume 75, Number 79)]
[Notices]
[Page 21584-21591]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ap10-26]
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DEPARTMENT OF AGRICULTURE
Rural Business--Cooperative Service
Notice of Solicitation of Applications (NOSA) for Inviting
Applications for Renewable Energy Systems and Energy Efficiency
Improvements Grants and Guaranteed Loans Under the Rural Energy for
America Program
AGENCY: Rural Business--Cooperative Service, USDA.
ACTION: Notice.
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SUMMARY: The Rural Energy for America Program, formerly section 9006
under the 2002 Farm Bill, is composed of several types of grants and
guaranteed loan programs. These are: Guaranteed loans and grants for
the development/construction of renewable energy systems and for energy
efficiency improvement projects; grants for conducting energy audits;
grants for conducting renewable energy development assistance; and
grants for conducting renewable energy feasibility studies.
The Agency is implementing the Rural Energy for America Program
(REAP) for Fiscal Year 2010 through the publication of three REAP
notices:
Renewable energy system and energy efficiency improvement
grants and guaranteed loans;
Energy audit and renewable energy development assistance
grants; and
Renewable energy feasibility study grants.
This REAP notice announces that Rural Business--Cooperative Service
is accepting applications for fiscal year (FY) 2010 for the purchase of
renewable energy systems and the making of energy efficiency
improvements for agriculture producers and rural small businesses in
eligible rural areas. The amount of funds available for renewable
energy systems and energy efficiency improvements in FY 2010 will be
approximately 88 percent of mandatory and discretionary funding.
Funding will be available in the form of grants and loan guarantees. In
addition to grants and loan guarantees, applicants may apply for
combination loan guarantee and grant funding (combination package).
Lastly, the Agency intends to publish a proposed rule that will
revise the current program at 7 CFR part 4280, subpart B to include
renewable energy feasibility study grants, and that will add a new
subpart C to address energy audit and renewable energy development
assistance grants. Together, these two subparts will represent the
Rural Energy for America Program as authorized under section 9007 of
the Farm Security and Rural Investment Act of 2002 as amended by
section 9001 of the Food, Energy, and Conservation Act of 2008. The
Agency anticipates publishing final regulations to operate the Rural
Energy for America Program in fiscal year 2011.
DATES: Complete applications under this Notice must be received by the
appropriate USDA Rural Development State Office no later than 4:30
local time June 30, 2010. Neither complete nor incomplete applications
received after this date and time will be considered for funding in FY
2010, regardless of the postmark on the application.
ADDRESSES: Application materials may be obtained by contacting one of
Rural Development's 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 (unless the applicant is an individual) 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 proposed project is located.
Rural Development 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,
Quinton.Harris@al.usda.gov
Alaska
Dean Stewart, USDA Rural Development, 800 West Evergreen, Suite 201,
Palmer, AK 99645-6539, (907) 761-7722, dean.stewart@ak.usda.gov
American Samoa (See Hawaii)
Arizona
Alan Watt, USDA Rural Development, 230 North First Avenue, Suite
206, Phoenix, AZ 85003-1706, (602) 280-8769, Alan.Watt@az.usda.gov
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Arkansas
Tim Smith, USDA Rural Development, 700 West Capitol Avenue, Room
3416, Little Rock, AR 72201-3225, (501) 301-3280,
Tim.Smith@ar.usda.gov
California
Philip Brown, USDA Rural Development, 430 G Street, 4169,
Davis, CA 95616, (530) 792-5811, Phil.brown@ca.usda.gov
Colorado
April Dahlager, USDA Rural Development, 655 Parfet Street, Room E-
100, Lakewood, CO 80215, (720) 544-2909, april.dahlager@co.usda.gov
Commonwealth of the Northern Marianas 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, Bruce.Weaver@de.usda.gov
Federated States of Micronesia (See Hawaii)
Florida/Virgin Islands
Joe Mueller, USDA Rural Development, 4440 NW. 25th Place,
Gainesville, FL 32606, (352) 338-3482, joe.mueller@fl.usda.gov
Georgia
J. Craig Scroggs, USDA Rural Development, 111 E. Spring St., Suite
B, Monroe, GA 30655, Phone 770-267-1413 ext. 113,
craig.scroggs@ga.usda.gov
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,
Tim.Oconnell@hi.usda.gov
Idaho
Brian Buch, USDA Rural Development, 9173 W. Barnes Drive, Suite A1,
Boise, ID 83709, (208) 378-5623, Brian.Buch@id.usda.gov
Illinois
Molly Hammond, USDA Rural Development, 2118 West Park Court, Suite
A, Champaign, IL 61821, (217) 403-6210, Molly.Hammond@il.usda.gov
Indiana
Jerry Hay, USDA Rural Development, 5975 Lakeside Boulevard,
Indianapolis, IN 46278, (812) 873-1100, Jerry.Hay@in.usda.gov
Iowa
Teresa Bomhoff, USDA Rural Development, 873 Federal Building, 210
Walnut Street, Des Moines, IA 50309, (515) 284-4447,
teresa.bomhoff@ia.usda.gov
Kansas
David Kramer, USDA Rural Development, 1303 SW First American Place,
Suite 100, Topeka, KS 66604-4040, (785) 271-2730,
david.kramer@ks.usda.gov
Kentucky
Scott Maas, USDA Rural Development, 771 Corporate Drive, Suite 200,
Lexington, KY 40503, (859) 224-7435, scott.maas@ky.usda.gov
Louisiana
Kevin Boone, USDA Rural Development, 905 Jefferson Street, Suite
320, Lafayette, LA 70501, (337) 262-6601, Ext. 133,
Kevin.Boone@la.usda.gov
Maine
John F. Sheehan, USDA Rural Development, 967 Illinois Avenue, Suite
4, P.O. Box 405, Bangor, ME 04402-0405, (207) 990-9168,
john.sheehan@me.usda.gov
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, Charles.Dubuc@ma.usda.gov
Michigan
Traci J. Smith, USDA Rural Development, 3001 Coolidge Road, Suite
200, East Lansing, MI 48823, (517) 324-5157, Traci.Smith@mi.usda.gov
Minnesota
Lisa L. Noty, USDA Rural Development, 1400 West Main Street, Albert
Lea, MN 56007, (507) 373-7960 Ext. 120, lisa.noty@mn.usda.gov
Mississippi
G. Gary Jones, USDA Rural Development, Federal Building, Suite 831,
100 West Capitol Street, Jackson, MS 39269, (601) 965-5457,
george.jones@ms.usda.gov
Missouri
Matt Moore, USDA Rural Development, 601 Business Loop 70 West
Parkade Center, Suite 235, Columbia, MO 65203, (573) 876-9321,
matt.moore@mo.usda.gov
Montana
John Guthmiller, USDA Rural Development, 900 Technology Blvd., Unit
1, Suite B, P.O. Box 850, Bozeman, MT 59771, (406) 585-2540,
John.Guthmiller@mt.usda.gov
Nebraska
Debra Yocum, USDA Rural Development, 100 Centennial Mall North, Room
152, Federal Building, Lincoln, NE 68508, (402) 437-5554,
Debra.Yocum@ne.usda.gov
Nevada
Herb Shedd, USDA Rural Development, 1390 South Curry Street, Carson
City, NV 89703, (775) 887-1222, herb.shedd@nv.usda.gov
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,
Victoria.Fekete@nj.usda.gov
New Mexico
Jesse Bopp, USDA Rural Development, 6200 Jefferson Street, NE., Room
255, Albuquerque, NM 87109, (505) 761-4952, Jesse.bopp@nm.usda.gov
New York
Scott Collins, USDA Rural Development, 9025 River Road, Marcy, NY
13403, (315) 736-3316 Ext. 4, scott.collins@ny.usda.gov
North Carolina
David Thigpen, USDA Rural Development, 4405 Bland Rd. Suite 260,
Raleigh, NC 27609, 919-873-2065, David.Thigpen@nc.usda.gov
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, Dennis.Rodin@nd.usda.gov
Ohio
Randy Monhemius, USDA Rural Development, Federal Building, Room 507,
200 North High Street, Columbus, OH 43215-2418, (614) 255-2424,
Randy.Monhemius@oh.usda.gov
Oklahoma
Jody Harris, USDA Rural Development, 100 USDA, Suite 108,
Stillwater, OK 74074-2654, (405) 742-1036, Jody.harris@ok.usda.gov
Oregon
Don Hollis, USDA Rural Development, 200 SE Hailey Ave, Suite 105,
Pendleton, OR 97801, (541) 278-8049, Ext. 129,
Don.Hollis@or.usda.gov
Pennsylvania
Bernard Linn, USDA Rural Development, One Credit Union Place, Suite
330, Harrisburg, PA 17110-2996, (717) 237-2182,
Bernard.Linn@pa.usda.gov
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, Luis.Garcia@pr.usda.gov
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)
253-3150, Shannon.Legree@sc.usda.gov
South Dakota
Douglas Roehl, USDA Rural Development, Federal Building, Room 210,
200 4th Street, SW., Huron, SD 57350, (605) 352-1145,
doug.roehl@sd.usda.gov
Tennessee
Will Dodson, USDA Rural Development, 3322 West End Avenue, Suite
300,
[[Page 21586]]
Nashville, TN 37203-1084, (615) 783-1350, will.dodson@tn.usda.gov
Texas
Daniel Torres, USDA Rural Development, Federal Building, Suite 102,
101 South Main Street, Temple, TX 76501, (254) 742-9756,
Daniel.Torres@tx.usda.gov
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, Roger.Koon@ut.usda.gov
Vermont/New Hampshire
Cheryl Ducharme, USDA Rural Development, 89 Main Street, 3rd Floor,
Montpelier, VT 05602, 802-828-6083, cheryl.ducharme@vt.usda.gov
Virginia
Laurette Tucker, USDA Rural Development, Culpeper Building, Suite
238, 1606 Santa Rosa Road, Richmond, VA 23229, (804) 287-1594,
Laurette.Tucker@va.usda.gov
Virgin Islands (See Florida)
Washington
Mary Traxler, USDA Rural Development, 1835 Black Lake Blvd. SW.,
Suite B, Olympia, WA 98512, (360) 704-7762, Mary.Traxler@wa.usda.gov
West Virginia
Richard E. Satterfield, USDA Rural Development, 75 High Street, Room
320, Morgantown, WV 26505-7500, (304) 284-4874,
Richard.Satterfield@wv.usda.gov
Wisconsin
Brenda Heinen, USDA Rural Development, 4949 Kirschling Court,
Stevens Point, WI 54481, (715) 345-7615, Ext. 139,
Brenda.Heinen@wi.usda.gov
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, Jon.Crabtree@wy.usda.gov
FOR FURTHER INFORMATION CONTACT: For information about this Notice,
please contact the USDA Rural Development-Energy Division, Program
Branch, STOP 3225, Room 6870, 1400 Independence Avenue, SW.,
Washington, DC 20250-3225. Telephone: (202) 720-1400.
For assistance on this program, please contact the applicable Rural
Development 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, the
information collection requirements associated with renewable energy
system and energy efficiency improvement grants and guaranteed loans,
as covered in this REAP notice, has been approved by the Office of
Management and Budget (OMB) under OMB Control Number 0570-0050.
The information collection requirements associated with energy
audit and renewable energy development assistance grants and with
renewable energy feasibility study grants, which will be addressed in
their respective REAP notices, have also been approved by OMB under OMB
Control Number 0570-0059 and OMB Control Number 0570-0061,
respectively. When the Agency publishes the proposed rule for REAP, it
will consolidate the information collection requirements associated
with this REAP notice and the other two REAP notices into a single
information collection package for OMB approval.
Overview Information
Federal Agency Name. Rural Business-Cooperative Service.
Funding Opportunity Title. Renewable Energy Systems and Energy
Efficiency Improvements Grants and Guaranteed Loans under the Rural
Energy for America Program.
Announcement Type. Initial announcement.
Catalog of Federal Domestic Assistance (CFDA) Number. This program
is listed in the Catalog of Federal Domestic Assistance under Number
10.868.
Dates. All applications must be completed and received in the
appropriate United States Department of Agriculture (USDA) State Rural
Development Office no later than 4:30 p.m. local time June 30, 2010, in
order to be considered for funding in FY 2010. Applications received
after 4:30 p.m. local time June 30, 2010, regardless of the
application's postmark, will not be considered for funding in FY 2010.
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 Title IX of the Farm Security and Rural Investment Act of 2002
(2002 Farm Bill) and establishes the Rural Energy for America Program
under section 9007 thereof. The program is 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 the maximum percentages of funding that USDA
Rural Development will provide. Within the maximum funding amounts
specified in this Notice, funding approved for guaranteed loan only
requests and for combination guaranteed loan and grant requests will
not exceed 75 percent of eligible project costs, with the grant portion
not to exceed 25 percent of eligible project costs, whether the grant
is part of a combination request or is a stand-alone grant.
B. Statutory Authority. This program is authorized under Title IX,
Section 9001, of the Food, Conservation, and Energy Act of 2008 (Pub.
L. 110-246).
C. Definition of Terms. The following terms and the terms defined
in 7 CFR part 4280 are applicable to this Notice. If this Notice and 7
CFR part 4280 both define the same term, that term shall have the
meaning provided in this Notice.
Administrator. The Administrator of Rural Business--Cooperative
Service within the Rural Development Mission Area of the U.S.
Department of Agriculture.
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.
EEI. Energy efficiency improvement.
Hydroelectric energy. Electrical energy created by use of various
types of moving water including, but not limited to, diverted run-of-
river water, in-stream run-of-river water, and in-conduit water.
Hydropower. Energy created by hydroelectric or ocean energy.
Ocean Energy. Energy created by use of various types of moving
water including, but not limited to, tidal, wave, current, and thermal
changes.
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:
(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-
[[Page 21587]]
growth maintenance, restoration, and management direction of paragraphs
(e)(2), (e)(3), and (e)(4) and large-tree retention of subsection (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.
RES. Renewable energy system.
Small hydropower. A hydropower project for which the rated power of
the system is 30 megawatts or less.
State. Any of the 50 states of the United States, the Commonwealth
of Puerto Rico, the District of Columbia, the U.S. Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana Islands,
the Republic of Palau, the Federated States of Micronesia, and the
Republic of the Marshall Islands.
II. Funding Information
A. Available Funds. The amount of funds available for renewable
energy systems and energy efficiency improvements in FY 2010 will be
approximately 88 percent of mandatory and discretionary funding made
available for this REAP notice under the Rural Energy for America
Program.
Based on the quality of the applications received under this REAP
notice, the Agency reserves the right, at its discretion, to move funds
from this notice to fund applications received under the other two REAP
notices. Conversely, the Agency may, at its discretion, move money for
the other two REAP notices to fund applications received under this
REAP notice. The Agency's ability to move funds is subject to the
limitation contained in section 9007(c)(3)(B) of 2002 Farm Bill, which
limits funding for feasibility studies to not exceed more than 10
percent of the funds made available to carry out the total amount made
available under this REAP notice and the feasibility study REAP notice.
B. Number of Awards. The number of awards will depend on the number
of eligible applicants participating in this program.
C. Grant Funding Limitations. For the purposes of this Notice, the
maximum amount of grant assistance to one individual or entity will not
exceed $750,000 for FY 2010 based on the total amount of renewable
energy system, energy efficiency improvement, and renewable energy
feasibility study grants awarded to the individual or entity under the
Rural Energy for America Program. In order to ensure that small
projects have a fair opportunity to compete for the funding and
consistent with the priorities set forth in the statute, the Agency
will not use less than 20 percent of the funds allocated for grants of
$20,000 or less.
D. Types of Instrument. Grant, guaranteed loan, and grant/
guaranteed loan combinations.
III. Application Submission Information
Applicants seeking to participate in this program must submit
applications in accordance with this Notice and 7 CFR part 4280,
subpart B, as applicable. Applicants must submit complete applications
in order to be considered. Note that for the Agency to consider an
application, the application must include all environmental review
documents with supporting documentation in accordance with 7 CFR part
1940 subpart G.
A. Where To Obtain Applications
Applicants may obtain applications from the applicable Rural
Development Energy Coordinator, as provided in the ADDRESSES section of
this Notice. In addition, for grant applications, applicants may access
the electronic grant application for the Rural Energy for America
Program at http://www.Grants.gov. To locate the downloadable
application package for this program, the applicant must use the
program's CFDA Number (i.e., 10.868) or FedGrants Funding Opportunity
Number, which can be found at http://www.Grants.gov. To use Grants.gov,
all applicants must have a Dun and Bradstreet Data Universal Numbering
System (DUNS) number (unless the applicant is an individual), 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.
B. When To Submit
Submit applications to the appropriate USDA Rural Development State
Office. All applications must be received at the appropriate State
Office by 4:30 p.m. local time on June 30, 2010 to be considered for
funding in FY 2010. Applications are competed and funded periodically
at times determined by each State Office. Applicants are encouraged to
contact the appropriate Energy Coordinator to determine when their
State intends to make awards. Applications received at the appropriate
State Office after 4:30 p.m. local time on June 30, 2010 will not be
considered for funding in FY 2010. Applications received after the
deadline date will compete in FY 2011.
C. Where To Submit
All applications are to be submitted to the Rural Development
Energy Coordinator in the State in which the applicant's proposed
project is located. A list of Rural Development Energy Coordinators is
provided in the ADDRESSES section of this Notice. Alternatively, for
grants, applicants may submit applications to the Agency via the
Grants.gov Web site.
D. How To Submit
Applicants may submit applications either as hard copy or
electronically as specified in the following paragraphs. When
submitting an application as hard copy, applicants must submit one
original and one copy of the complete application.
(1) Grant applications. Grant applications may be submitted either
as hard copy to the appropriate Rural Development Energy Coordinator or
electronically using the government-wide Grants.gov Web site. Users of
Grants.gov who download a copy of the application package may complete
it off line and then upload and submit the application via the
Grants.gov site, including all information typically included on the
application, and all necessary assurances and certifications. After
electronically submitting an application through the Web site, the
applicant will receive an automated acknowledgement from Grants.gov
that contains a Grants.gov tracking number.
(2) Guaranteed loan applications. Guaranteed loan only applications
(i.e., those that are not part of a guaranteed loan/grant combination
request) must be submitted as hard copy.
[[Page 21588]]
(3) Guaranteed loan/grant combination applications. Applications
for guaranteed loans/grants (combination applications) must be
submitted as hard copy.
E. Other Submission Requirements and Information
(1) Application restrictions. Applicants can apply for only one
renewable energy system project and one energy efficiency improvement
project in FY 2010. A renewable energy system application cannot be
submitted in FY 2010 if a Rural Energy for America Program feasibility
study grant application has also been submitted in FY 2010 for the same
renewable energy system project.
(2) Eligibility considerations. Eligibility is limited to projects
that:
(i) have completed the environmental review process according to 7
CFR 4280.114(d);
(ii) have demonstrated project eligibility according to 7 CFR
4280.108;
(iii) have demonstrated technical feasibility; and
(iv) have submitted complete applications.
(3) Grants.gov. When you enter the Grants.gov site, you will find
information about submitting an application electronically through the
site as well as the hours of operation. USDA Rural Development strongly
recommends that applicants do not wait until the application deadline
date to begin the application process through Grants.gov.
(4) Original signatures. USDA Rural Development may request that
the applicant provide original signatures on forms submitted through
Grants.gov at a later date.
(5) Intergovernmental review. The Rural Energy for America Program
is subject to the provisions of Executive Order 12372, which requires
intergovernmental consultation with State and local officials.
(6) Award considerations. In determining the amount of a loan
guarantee or grant provided, the Agency shall take into consideration
the following six criteria:
(i) The type of renewable energy system to be purchased;
(ii) The estimated quantity of energy to be generated by the
renewable energy system;
(iii) The expected environmental benefits of the renewable energy
system;
(iv) The quantity of energy savings expected to be derived from the
activity, as demonstrated by an energy audit;
(v) The estimated period of time for the energy savings generated
by the activity to equal the cost of the activity; and
(vi) The expected energy efficiency of the renewable energy system.
F. Hydropower Eligibility
For the purposes of this Notice, only hydropower projects with a
rated power of 30 megawatts or less are eligible. The Agency refers to
these hydropower sources as ``small hydropower,'' which includes
hydropower projects commonly referred to as ``micro-hydropower'' and
``mini-hydropower.''
IV. Program Provisions
This section of the Notice identifies what information renewable
energy system and energy efficiency improvement (RES/EEI) applications
are to contain, funding limitations, and other submission requirements
and award information. Except as provided in this Notice, RES/EEI
applications are to follow the provisions specified in 7 CFR part 4280,
subpart B.
A. Project Eligibility
(1) The project eligibility requirements specified in 7 CFR
4280.108 apply to applications submitted under this Notice. The Agency
notes that energy efficiency improvements to existing renewable energy
systems are eligible energy efficiency improvement projects.
(2) In addition to the requirements specified in 7 CFR 4280.108, no
renewable energy system or energy efficiency improvement, or portion
thereof, can be used for any residential purpose, including any
residential portion of a rural small business, farm, ranch, or
agricultural facility. However, an applicant may apply for funding for
the installation of a second meter or provide certification in the
application that any excess power generated by the renewable energy
system will be sold to the grid and will not be used by the applicant
for residential purposes.
B. Applications
In addition to the requirements found in 7 CFR 4280, subpart B, the
following also applies to applications submitted under this Notice.
(1) One funding type applications. Only one type of funding
application (grant-only, guaranteed loan-only, or guaranteed loan/grant
combination) for each project can be submitted.
(2) Environmental information. Each application must include all
environmental review documents with supporting documentation in
accordance with 7 CFR part 1940 subpart G.
(3) Foreign technology. As stated in 7 CFR 4280.108, projects must
be for a pre-commercial or commercially available technology. The
definition of ``pre-commercial'' and ``commercial'' are at 7 CFR
4280.103. The Agency's position is that if the system is currently
commercially available only outside the United States (U.S.), then
applicants must provide authoritative evidence of the foreign operating
history, performance, and reliability in order to address the proven
operating history identified in the definition. ``Commercial''
applicants must provide evidence that professional service providers,
trades, large construction equipment providers and labor are readily
available domestically and familiar with installation procedures and
practices, and spare parts and service are readily available in the
U.S. to properly maintain and operate the system. All warranties must
be valid in the U.S.
(4) Commercial application demonstration of pre-commercial
technologies. In accordance with the definition of ``pre-commercial''
technology found in 7 CFR 4280.103, technical and economic potential
for commercial application must be demonstrated to the Agency. In order
to demonstrate the system has emerged through research and development
as well as the demonstration process, applicants must provide
authoritative evidence of the operating history, performance, and
reliability past completion of start-up, shake-down, and commissioning.
Typically, and in line with financial and operating performance
evaluation protocol, the documented operating history, which may be
established domestically or outside the U.S., should provide
performance data for a minimum of 12 months. The time period will
address the economic and technical performance potential of the pre-
commercial technology, as defined in 7 CFR 4280.103. Lastly, in
accordance with demonstrating the potential for commercial application,
applicants must provide evidence that professional service providers,
trades, large construction equipment providers, and labor are readily
available domestically and sufficiently familiar with installation
procedures and practices, and spare parts and service are available in
the U.S. to properly maintain and operate the system. Any warranties
have to be valid in the U.S.
(5) Format. To ensure that projects are accurately scored by the
Agency, applicants are requested to tab and number each evaluation
criteria and include, in that section, its corresponding supporting
documentation and calculations according to 7 CFR 4280.112.
[[Page 21589]]
(6) Technical report appendices. Technical reports for hydropower
projects shall conform to Appendix A of this Notice. Technical reports
for other renewable energy projects shall continue to conform to
Appendix A or B, as applicable, to 7 CFR part 4280, subpart B.
C. Funding Limitations
(1) Grant-only applications. For renewable energy system grants,
the minimum grant is $2,500 and the maximum is $500,000. For energy
efficiency improvement grants, the minimum grant is $1,500 and the
maximum grant is $250,000.
(2) Loan guarantee-only applications. For loan guarantees, the
minimum guaranteed loan amount is $5,000 and the maximum amount of a
guarantee to be provided to a borrower is $25 million. The maximum loan
guarantee for a guaranteed loan in excess of $10 million is 60 percent.
For FY 2010, the guarantee fee amount is 1 percent of the guaranteed
portion of the loan and the annual renewal fee is 0.250 percent (one-
quarter of one percent) of the guaranteed portion of the loan.
(3) Guaranteed loan and grant combination applications. Funding for
grant and loan combination packages are subject to the funding
limitations specified in paragraphs (1) and (2) of this section. For
grant and loan combination packages, the minimum grant portion of the
combined funding request is $1,500 for energy efficiency improvement
projects and $2,500 for renewable energy system projects.
D. Award Process
In addition to the process for awarding funding under 7 CFR part
4280, subpart B, the Agency will make awards using the following
considerations:
(1) Application period. Applications may be submitted at any time
during FY 2010. Complete applications must be received by the
appropriate State Office by 4:30 pm local time June 30, 2010, to be
considered for funding in FY 2010. Applications received after that
time and date will be retained by the State Office for consideration
for funding in FY 2011.
(2) Resubmittal of FY 2009 applications. If an applicant submitted
an application for funding in FY 2009 and that application was
determined eligible but was not funded, the Agency will consider that
FY 2009 application for funding in FY 2010 as provided below.
(i) An applicant for the program in FY 2009 must submit a written
request for the Agency to reconsider its FY 2009 application in FY
2010. Guarantee Loan and Grant Combination applications will require a
written request from both the lender and grant applicant to maintain
the application request.
(ii) If the applicant will be revising its FY 2009 application, a
new application must be submitted. If the applicant will not be
revising its FY 2009 application, a new application is not required.
(iii) The submission date of record of each FY 2009 application
requesting consideration for FY 2010 will remain unchanged from its
original FY 2009 submittal date.
(iv) For all applicable applications, current financial statements
that meet program requirements as outlined in 7 CFR 4280.111(b)(4) must
be submitted with the written request. The submission of financial
statements will not require a new application to be submitted, unless
the financial information results in a change to the application's
score.
(v) Except as provided elsewhere in this section, applications for
grants of $20,000 or less do not have to submit a new application
because the Agency has decided not to assign ten (10) additional
priority points to those grants under this Notice. The Agency will
update the application score without requiring submittal of a new
application.
(vi) Request for funding consideration of FY 2009 applications in
FY 2010 must be received no later than 4:30 pm local time June 30,
2010, in order to be considered. Request for funding consideration of
FY 2009 applications received after 4:30 pm local time June 30, 2010,
regardless of the request's postmark, will not be considered further.
(3) Demonstrated financial need. As required in 7 CFR
4280.107(a)(5), 4280.109(b)(2), and 4280.193(a), the applicant for a
grant or combination guaranteed loan and grant, must demonstrate
financial need. Only those packages that demonstrate financial need
will be considered for funding.
(4) Funding awards. Considering the availability of funds, State
Offices will fund those applications that score the highest; that is,
the score an application receives will be compared to the scores of
other applications, with higher scoring applications receiving first
consideration for funding.
(5) Grant-only applications of $20,000 or less. To ensure that
small projects have a fair opportunity to compete for the funding and
consistent with the priorities set forth in the statute, the Agency
will use not less than 20 percent of the funds allocated to the Rural
Energy for America Program for grants of $20,000 or less.
(6) Combination applications. Applicants whose combination
applications are approved for funding must utilize both the loan
guarantee and the grant. The Agency reserves the right to reduce the
total loan guarantee and grant award as appropriate.
(7) 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 is no longer requesting financial
assistance for the project. When the applicant notifies the Agency, the
selection will be rescinded or the application withdrawn.
(8) Change of contractor or vendor. After an award has been made,
the recipient of the award can request to change a contractor or vendor
if the technical merit score for the project remains the same or is
higher. Prior to changing a contractor or vendor, the recipient must
submit to the Agency a written request providing information that
allows the Agency to rescore the project's technical merit. If the
Agency determines that the project achieves the same or higher
technical merit score, the recipient may make the change. No additional
funding will be available from the Agency if costs for the project have
increased. If the Agency determines that the project does not achieve
the same or higher technical merit score, the change will not be
approved.
(9) Evaluation criteria. Agency personnel will score each
application based on the evaluation criteria specified in 7 CFR
4280.112(e).
(10) 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.
V. Administrative Information Applicable to This Notice
A. Notifications
(1) 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 appeal rights as
specified in this Notice.
[[Page 21590]]
(2) Award. Each applicant will be notified of the Agency's decision
on their application.
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 of this title. If the review
or appeal involves a combination funding request, both the lender and
borrower must request the review or appeal.
(2) Notification. If at any time prior to application approval it
is decided that favorable action will not be taken on an application,
the Agency will notify the applicant in writing of the decision and of
the reasons why the request was not favorably considered. The
notification will inform applicants of their rights to informal review,
mediation, and appeal of the decision in accordance with 7 CFR part 11
and 7 CFR part 1900, subpart B.
C. Exception Authority
This notice incorporates the exception authority found in 7 CFR
4280.104.
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 therefrom; 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.
VI. Agency Contacts
Notice Contact. For further information about this Notice, please
contact the USDA Rural Development-Energy Division, Program Branch,
STOP 3225, Room 6867, 1400 Independence Avenue, SW., Washington, DC
20250-3225. Telephone: (202) 720-1400.
If you have any questions concerning this Notice, contact one of
Rural Development's Energy Coordinators, as provided in the Addresses
section of this Notice.
VII. Nondiscrimination 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, employer, and
lender.''
VIII. Civil Rights Compliance Requirements
All grants and guaranteed loans made under this Notice are subject
to title VI of the Civil Rights Act of 1964 and part 1901, subpart E of
this title.
Dated: April 20, 2010.
Judith A. Canales,
Administrator, Rural Business-Cooperative Service.
Appendix A--Technical Reports for Hydropower Projects
The technical requirements specified in this appendix apply to
all hydropower projects. Hydropower projects are those projects that
create hydroelectric or ocean energy.
The Technical Report for hydropower projects must demonstrate
that the project design, procurement, installation, startup,
operation, and maintenance of the renewable energy system will
operate or perform as specified over its design life in a reliable
and a cost-effective manner. The Technical Report must also identify
all necessary project agreements, demonstrate that those agreements
will be in place, and that necessary project equipment and services
are available over the design life.
All technical information provided must follow the format
specified in this appendix. Supporting information may be submitted
in other formats. Design drawings and process flowcharts are
encouraged as exhibits. A discussion of each topic is not necessary
if the topic is not applicable to the specific project. Questions
identified in the Agency's technical review of the project must be
answered to the Agency's satisfaction before the application will be
approved. The applicant must submit the original Technical Report
plus one copy to the Rural Development State Office. Hydropower
projects with total eligible project costs greater than $400,000
require the services of a licensed professional engineer (PE) or
team of PEs. Depending on the level of engineering required for the
specific project or if necessary to ensure public safety, the
services of a licensed PE or a team of licensed PEs may be required
for smaller projects.
(a) Qualifications of project team. The hydropower project team
should consist of a system designer, a project manager, an equipment
supplier, a project engineer, a construction contractor, and a
system operator and maintainer. One individual or entity may serve
more than one role. The project team must have demonstrated
expertise in hydropower development, engineering, installation, and
maintenance. Authoritative evidence that project team service
providers have the necessary professional credentials or relevant
experience to perform the required services must be provided.
Authoritative evidence that vendors of proprietary components can
provide necessary equipment and spare parts for the system to
operate over its design life must also be provided. The application
must:
(1) Discuss the proposed project delivery method. Such methods
include a design, bid, build where a separate engineering firm may
design the project and prepare a request for bids and the successful
bidder constructs the project at the applicant's risk, and a design/
build method, often referred to as turnkey, where the applicant
establishes the specifications for the project and secures the
services of a developer who will design and build the project at the
developer's risk;
(2) Discuss the hydropower equipment manufacturers of major
components being considered in terms of the length of time in
business and the number of units installed at the capacity and scale
being considered;
(3) Discuss the project manager, equipment supplier, system
designer, project engineer, and construction contractor
qualifications for engineering, designing, and installing hydropower
systems, including any relevant certifications by recognized
organizations. Provide a list of the same or similar projects
designed, installed, or supplied and currently operating with
references, if available; and
(4) Describe the system operator's qualifications and experience
for servicing, operating, and maintaining hydropower projects.
Provide a list of the same or similar projects designed, installed,
or supplied and currently operating with references, if available.
(b) Agreements, permits, and certifications. Identify all
necessary agreements and permits required for the project and the
status and schedule for securing those agreements and permits,
including the items specified in paragraphs (b)(1) through (6).
(1) Identify zoning and code issues and required permits and the
anticipated schedule for meeting those requirements and securing
those permits. This list should include all local, state, and
federal permits required, estimated timeline for each permit and
current status of acquiring each permit.
(2) Identify land use agreements required for the project and
the anticipated schedule for securing the agreements and the term of
those agreements.
(3) Identify available component warranties for the specific
project location and size.
(4) For systems planning to interconnect with a utility,
describe the utility's system interconnection requirements, power
purchase arrangements, or licenses where required and the
anticipated schedule for meeting those requirements and obtaining
those agreements.
(5) Identify all environmental issues, including environmental
compliance issues, associated with the project on Form RD
[[Page 21591]]
1940-20, ``Request for Environmental Information,'' and in
compliance with 7 CFR part 1940, subpart G, of this title. (Note:
The environmental review process, including all required
publications, must be completed prior to approval of any Rural
Development funding.) The applicant may want to work with all
federal organizations involved with the project, to promulgate a
single environmental review document.
(6) Submit a statement certifying that the project will be
installed in accordance with applicable local, State, and national
codes, regulations, and permits.
(c) Resource assessment. Provide adequate and appropriate data
to demonstrate the amount of renewable resource available. Indicate
the quality of the resource, including temperature (if applicable),
flow, and sustainability of the resource, including a summary of the
resource evaluation process and the specifications of the
measurement setup and the date and duration of the evaluation
process and proximity to the proposed site. If less than 1 year of
data is used, a qualified consultant must provide a detailed
analysis of the correlation between the site data and a nearby,
long-term measurement site.
(d) Design and engineering. Provide authoritative evidence that
the system will be designed and engineered so as to meet its
intended purpose, will ensure public safety, and will comply with
applicable laws, regulations, agreements, permits, codes, and
standards. Projects shall be engineered by a qualified party.
Systems must be engineered as a complete, integrated system with
matched components. The engineering must be comprehensive, including
site selection, system and component selection, conversion system
component selection, design of the local collection grid,
interconnection equipment selection, and system monitoring
equipment. Systems must be constructed by a qualified party.
(1) Provide a concise but complete description of the hydropower
project, including location of the project, resource
characteristics, system specifications, electric power system
interconnection equipment and project monitoring equipment. Identify
possible vendors and models of major system components. Provide the
expected system energy production on a monthly and annual basis.
(2) Describe the project site and address issues such as site
access, proximity to the electrical grid, environmental concerns
with emphasis on land use, air quality, water quality, habitat
fragmentation, visibility, noise, construction, and installation
issues. Identify any unique construction and installation issues.
(e) Project development schedule. Identify each significant
task, its beginning and end, and its relationship to the time needed
to initiate and carry the project through startup and shakedown.
Provide a detailed description of the project timeline, including
resource assessment, system and site design, permits and agreements,
equipment procurement, and system installation from excavation
through startup and shakedown.
(f) Project economic assessment. Provide a study that describes
the costs and revenues of the proposed project to demonstrate the
financial performance of the proposed project. Provide a detailed
analysis and description of project costs, including project
management, resource assessment, project design, project permitting,
land agreements, equipment, site preparation, system installation,
startup and shakedown, warranties, insurance, financing,
professional services, and operations and maintenance costs. Provide
a detailed description of applicable investment incentives,
productivity incentives, loans, and grants. Provide a detailed
analysis and description of annual project revenues, including
electricity sales, production tax credits, revenues from green tags,
and any other production incentive programs throughout the life of
the project. Provide a description of planned contingency fees or
reserve funds to be used for unexpected large component replacement
or repairs and for low productivity periods. In addition, provide
other information necessary to assess the project's cost
effectiveness.
(g) Equipment procurement. Demonstrate that equipment required
by the system is available and can be procured and delivered within
the proposed project development schedule. Hydropower systems may be
constructed of components manufactured in more than one location.
Provide a description of any unique equipment procurement issues
such as scheduling and timing of component manufacture and delivery,
ordering, warranties, shipping, receiving, and on-site storage or
inventory. Provide a detailed description of equipment
certification. Identify all the major equipment that is proprietary
and justify how this unique equipment is needed to meet the
requirements of the proposed design. Include a statement from the
applicant certifying that ``open and free'' competition will be used
for the procurement of project components in a manner consistent
with the requirements of 7 CFR part 3015 of this title.
(h) Equipment installation. Describe fully the management of and
plan for site development and system installation, provide details
regarding the scheduling of major installation equipment, including
cranes, barges or other devices, needed for project construction,
and provide a description of the startup and shakedown
specifications and process and the conditions required for startup
and shakedown for each equipment item individually and for the
system as a whole. Include a statement from the applicant certifying
that equipment installation will be made in accordance with all
applicable safety and work rules.
(i) Operations and maintenance. Identify the operations and
maintenance requirements of the system necessary for the system to
operate as designed over the design life. The application must:
(1) Ensure that systems must have at least a 3-year warranty for
equipment. Provide information regarding turbine warranties and
availability of spare parts;
(2) Describe the routine operations and maintenance requirements
of the proposed project, including maintenance schedules for the
mechanical and electrical systems and system monitoring and control
requirements;
(3) Provide information that supports expected design life of
the system and timing of major component replacement or rebuilds;
(4) Provide and discuss the risk management plan for handling
large, potential failures of major components such as the turbine
gearbox or rotor. Include in the discussion, costs and labor
associated with the operation and maintenance of the system, and
plans for in-sourcing or out-sourcing;
(5) Describe opportunities for technology transfer for long-term
project operations and maintenance by a local entity or owner/
operator; and
(6) For owner maintained portions of the system, describe any
unique knowledge, skills, or abilities needed for service operations
or maintenance.
(j) Dismantling and disposal of project components. Describe a
plan for dismantling and disposing of project components and
associated wastes at the end of their useful lives. Describe the
budget for and any unique concerns associated with the dismantling
and disposal of project components and their wastes.
[FR Doc. 2010-9580 Filed 4-23-10; 8:45 am]
BILLING CODE 3410-XY-P