[Federal Register Volume 69, Number 50 (Monday, March 15, 2004)]
[Notices]
[Pages 12241-12244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5671]



  Federal Register / Vol. 69, No. 50 / Monday, March 15, 2004 / 
Notices  

[[Page 12241]]


-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


Office of Elementary and Secondary Education; Overview 
Information; Impact Aid Discretionary Construction Program; Notice 
Inviting Applications for New Awards for Fiscal Years (FYs) 2003 and 
2004

    Catalogue of Federal Domestic Assistance (CFDA) Number: 84.041C.


    Note: This notice includes deadline dates and funding 
information for this program for competitions using FY 2003 and FY 
2004 funds.


    Dates: For key dates for the FY 2003 and FY 2004 competitions for 
this program, see the chart in the Award Information section of this 
notice.
    Applications Available: See chart.
    Deadline for Transmittal of Applications: See chart.
    Deadline for Intergovernmental Review: See chart.
    Eligible Applicants: (A) Emergency Grants. To be eligible for an 
emergency grant, a local educational agency (LEA) must enroll a high 
percentage (at least 40 percent) of federally connected children who 
reside on Indian lands or who have a parent on active duty in the U.S. 
uniformed services, have a school that enrolls a high percentage of one 
of these types of students, or be eligible for funding for heavily 
impacted LEAs under section 8003(b)(2) of the Elementary and Secondary 
Education Act of 1965 (the Act), as amended by the No Child Left Behind 
Act of 2001 (NCLB). In making emergency grant awards, the Secretary 
must also consider the LEA's total assessed value of real property that 
may be taxed for school purposes, its use of available bonding 
capacity, and the nature and severity of the school facility emergency.
    (B) Modernization Grants. To be eligible for a modernization grant, 
an LEA must be eligible for Impact Aid funding in general; be eligible 
for funding for heavily impacted LEAs under section 8003(b)(2) of the 
Act; enroll a high percentage (at least 40 percent) of federally 
connected children who reside on Indian lands or who have a parent on 
active duty in the U.S. uniformed services; have a school that enrolls 
a high percentage of one of these types of students; or be eligible for 
funding under section 8002 of the Act (payments for Federal property). 
In making awards, the Secretary must also consider an LEA's total 
assessed value of real property that may be taxed for school purposes, 
its use of its available bonding capacity, and the nature and severity 
of its need for modernization funds.
    Applications are considered in four priority categories. Emergency 
grants are considered for the first and second priorities and 
Modernization grants are considered for the third and fourth 
priorities. Detailed information about the eligibility requirements for 
each priority can be found in 34 CFR 222.177 through 222.182.
    Estimated Available Funds: See chart.
    Estimated Range of Awards: See chart.
    Estimated Average Size of Awards: See chart.
    Estimated Number of Awards: See chart.

    Note: The Department is not bound by any estimates in this 
notice.


    Project Period: We will determine each project period based on the 
project proposed, and will specify this period in the grant award 
document.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The Impact Aid Discretionary Construction 
Program provides grants to eligible Impact Aid school districts to 
assist in addressing their school facility emergency and modernization 
needs. The eligible Impact Aid school districts have a limited ability 
to raise revenues for capital improvements because they have large 
areas of Federal land within their boundaries. As a result, these 
districts find it difficult to respond when their school facilities are 
in need of emergency repairs or modernization.

    Program Authority: 20 U.S.C. 7707(b).

    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75 (except for 
34 CFR 75.600 through 75.617), 77, 79, 80, 82, 84, 85, 86, 97, 98, and 
99. (b) The regulations for this program in 34 CFR part 222, as 
published elsewhere in this issue of the Federal Register. These 
program regulations will take effect prior to the deadline for 
transmittal of applications for the FY 2003 competition.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: See chart.
    Estimated Range of Awards: See chart.
    Estimated Average Size of Awards: See chart.
    Estimated Number of Awards: See chart.


    Note: The Department is not bound by any estimates in this 
notice.


    Project Period: We will determine each project period based on the 
project proposed, and will specify this period in the grant award 
document.

         Impact Aid Discretionary Construction Program--CFDA 84.041C Application Notice for Competitions Using Fiscal Years 2003 and 2004 Funds
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Deadline for
                              Applications   transmittal     Deadline for     Estimated      Estimated     Estimated range of    Estimated    Estimated
      Funds fiscal year         available        of       intergovernmental   award date     available           awards          number of     average
                                            applications        review                         funds                               awards       award
--------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2003.....................     3/12/2004     4/23/2004       6/22/2004       7/16/2004     $26,810,000     $50,000-5,000,000           20   $1,300,000
FY 2004.....................     5/24/2004     7/16/2004       9/14/2004      10/22/2004      26,666,534     $50,000-5,000,000           20    1,300,000
--------------------------------------------------------------------------------------------------------------------------------------------------------

III. Eligibility Information

    1. Eligible Applicants: (A) Emergency Grants. To be eligible for an 
emergency grant, an LEA must enroll a high percentage (at least 40 
percent) of federally connected children who reside on Indian lands or 
who have a parent on active duty in the U.S. uniformed services, have a 
school that enrolls a high percentage of one of these types of 
students, or be eligible for funding for heavily impacted LEAs under 
section 8003(b)(2) of the Act, as amended by the NCLB. In making 
emergency grant awards, the Secretary must also consider the LEA's 
total assessed value of real property that may be taxed for school 
purposes, its use of available bonding capacity, and the nature and 
severity of the school facility emergency.

[[Page 12242]]

    (B) Modernization Grants. To be eligible for a modernization grant, 
an LEA must be eligible for Impact Aid funding in general; be eligible 
for funding for heavily impacted LEAs under section 8003(b)(2) of the 
Act; enroll a high percentage (at least 40 percent) of federally 
connected children who reside on Indian lands or who have a parent on 
active duty in the U.S. uniformed services; have a school that enrolls 
a high percentage of one of these types of students; or be eligible for 
funding under section 8002 of the Act (payments for Federal property). 
In making awards, the Secretary must also consider an LEA's total 
assessed value of real property that may be taxed for school purposes, 
its use of its available bonding capacity, and the nature and severity 
of its need for modernization funds.
    Applications are considered in four priority categories. Emergency 
grants are considered for the first and second priorities and 
Modernization grants are considered for the third and fourth 
priorities. Detailed information about the eligibility requirements for 
each priority can be found in 34 CFR 222.177 through 222.182.
    2. Cost Sharing or Matching: See 20 U.S.C. 7707(b) and 34 CFR 
222.191 through 222.193.

IV. Application and Submission Information

    1. Address to Request Application Package: Marilyn Hall, U.S. 
Department of Education, 400 Maryland Avenue, SW., room 3E103, 
Washington, DC 20202-6244. Telephone: (202) 260-3858. You can also 
download the FY 2003 application forms at: www.ed.gov/programs/8007b/applicant. An electronic application will be available for the FY 2004 
competition for these grants at: http://e-grants.ed.gov.
    See the chart in the Award Information section of this notice for 
the date of availability for FY 2004 electronic and paper application.
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
    Individuals with disabilities may obtain a copy of the application 
package in an alternative format (e.g., Braille, large print, 
audiotape, or computer diskette) by contacting the program contact 
person listed in this section.
    2. Content and Form of Application Submission: Requirements 
concerning the content of an application, together with the forms you 
must submit, are in the application packages for this program.
    Page Limit: We have found that reviewers are able to conduct the 
highest-quality review when applications are concise and easy to read. 
We strongly recommend that applicants limit their response in each 
applicable narrative section to two pages.
    Content Restrictions: The application narrative may include 
information on the scale of the project in relation to the size of the 
school facility. Applications should not include drawings, designs, or 
other extraneous documents regarding proposed projects, because 
reviewers will not consider them.
    3. Submission Dates and Times:
    Applications Available: See chart.
    Deadline for Transmittal of Applications: See chart.
    The dates and times for the transmittal of applications by mail or 
by hand (including a courier service or commercial carrier) are in the 
application packages for this program. The application packages also 
specify the hours of operation of the e-Application Web site.
    We do not consider an application that does not comply with the 
deadline requirements.
    Deadline for Intergovernmental Review: See chart.
    4. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. Information about 
Intergovernmental Review of Federal Programs under Executive Order 
12372 is in the application packages for this program.
    5. Funding Restrictions: We specify unallowable costs in 34 CFR 
222.173 and 222.174. Grant recipients must, in accordance with Federal, 
State and local laws, use emergency or modernization 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 through 222.174 (prohibited activities). We reference 
additional regulations outlining funding restrictions in the Applicable 
Regulations section of this notice.
    6. Other Submission Requirements: Instructions and requirements for 
the transmittal of applications by mail or by hand (including a courier 
service or commercial carrier) are in the application packages for this 
program.

Application Procedures

    Note: Some of the procedures in these instructions for 
transmitting applications differ from those in the Education 
Department General Administrative Regulations (EDGAR) (34 CFR 
75.102). Under the Administrative Procedure Act (5 U.S.C. 553) the 
Department generally offers interested parties the opportunity to 
comment on proposed regulations. However, these amendments make 
procedural changes only and do not establish new substantive policy. 
Therefore, under 5 U.S.C. 553(b)(A), the Secretary has determined 
that proposed rulemaking is not required.

    Pilot Project for Electronic Submission of Applications:
    We are continuing to expand our pilot project for electronic 
submission of applications to include additional formula grant programs 
and additional discretionary grant competitions. The Impact Aid 
Discretionary Construction Program--CFDA Number 84.041C--is one of the 
programs included in the pilot project. If you are an applicant under 
the FY 2004 Impact Aid Discretionary Construction Program, you may 
submit your application to us in either electronic or paper format.
    The pilot project involves the use of the Electronic Grant 
Application System (e-Application). If you use e-Application for the FY 
2004 competition, you will be entering data online while completing 
your application. You may not e-mail an electronic copy of a grant 
application to us. If you participate in this voluntary pilot project 
by submitting an application electronically, the data you enter online 
will be saved into a database. We request your participation in e-
Application. We shall continue to evaluate its success and solicit 
suggestions for its improvement.
    If you participate in e-Application, please note the following:
     Your participation is voluntary.
     When you enter the e-Application system, you 
will find information about its hours of operation. We strongly 
recommend that you do not wait until the application deadline date to 
initiate an e-Application package.
     You will not receive additional point value 
because you submit a grant application in electronic format, nor will 
we penalize you if you submit an application in paper format.
     You may submit all documents electronically, 
including the Application for Discretionary Construction Program under 
Section 8007(b) and all necessary assurances and certifications.
     After you electronically submit your 
application, you will receive an automatic acknowledgement, which will 
include a PR/Award number (an

[[Page 12243]]

identifying number unique to your application).
     Within three working days after submitting your 
electronic application, mail a signed copy of the Application for 
Discretionary Construction Program under Section 8007(b) to the Impact 
Aid Program after following these steps:
    1. Print the Application for Discretionary Construction Program 
under Section 8007(b) from e-Application.
    2. The LEA's Authorized Representative must sign this form on the 
cover page and on all of the assurances pages. The local certifying 
official must sign the certification in an emergency application.
    3. Place the PR/Award number in the upper right hand corner of the 
hard copy cover page of the Application for Discretionary Construction 
Program under Section 8007(b).
    4. Mail the signed Application for Discretionary Construction 
Program under Section 8007(b) to the Impact Aid Program at the address 
listed in the For Further Information Contact section (see VII. Agency 
Contact). Application Deadline Date Extension in Case of System 
Unavailability: If you elect to participate in the e-Application pilot 
for the Impact Aid Discretionary Construction Program and you are 
prevented from submitting your application on the application deadline 
date because the e-Application system is unavailable, we will grant you 
an extension of one business day in order to transmit your application 
electronically, by mail, or by hand delivery. We will grant this 
extension if--
    1. You are a registered user of e-Application, and you have 
initiated an e-Application for this program; 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 
during the last hour of operation (that is, for any period of time 
between 3:30 p.m. and 4:30 p.m., Washington, DC time) on the 
application deadline date.
    We must acknowledge and confirm these periods of unavailability 
before granting you an extension. To request this extension or to 
confirm our acknowledgement of any system unavailability, you may 
contact either (1) the person listed elsewhere in this notice under For 
Further Information Contact (see VII. Agency Contact) or (2) the e-
GRANTS help desk at 1-888-336-8930.
    You may access the electronic grant application for the Impact Aid 
Discretionary Construction Program at: http://e-grants.ed.gov.

V. Application Review Information

    1. Selection Criteria: Consistent with 34 CFR 75.209, the selection 
criteria for this program are based on the specific statutory program 
elements for each Impact Aid Discretionary Construction Application 
identified in 34 CFR 222.183 through 222.187 and the approved 
application (OMB No. 1810-0657).
    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. In evaluating applications for 
grants under this program, the Secretary will use the following project 
selection criteria.
    (1) Need for project/severity of the school facility problem to be 
addressed by the proposed project (up to 30 points).
    Factors for Emergency grants:
    (a) Justification that the proposed project will address a valid 
emergency; and consistency of the emergency description and the 
proposed project with the certifying local official's statement.
    (b) Impact of the emergency condition on the health and safety of 
the building occupants or on program delivery (examples: the systems or 
areas of the facility involved, e.g., HVAC, roof, floor, windows); the 
type of space affected, such as instructional, resource, food service, 
recreational, general support, or other areas; the percentage of 
building occupants affected by the emergency; and the importance of the 
facility or affected area to the instructional program.
    Factors for Modernization grants:
    (a) Justification that the proposed project is a valid 
modernization need (example: building capacity is 300 students; current 
enrollment is 350; three additional classrooms are needed to meet State 
capacity standards and 20-to-1 student/teacher ratio).
    (b) Impact of the modernization challenges on building occupants or 
program delivery (examples: the percentage of building occupants 
adversely affected; the areas and extent of the facility affected (type 
of space affected, such as instructional, resource, food service, 
recreational, general support, or other areas); and the importance of 
the facility or affected space to the required instructional program).
    (2) Project Urgency (up to 28 points).
    Factors for Emergency grants:
    (a) Risk to occupants if the facility condition is not addressed; 
projected increased future costs; effect of the proposed project on the 
useful life of the facility or the need for major construction; or age 
and condition of the facility and date of last renovation of affected 
areas.
    (b) The justification for rebuilding, if proposed.
    Factors for Modernization grants:
    (a) Project urgency in fiscal terms (examples: proposed project 
will extend useful life of current facility on a cost-effective basis, 
or district can improve program quality with updated facility and delay 
replacement of facility).
    (b) The justification for rebuilding, if proposed.
    (3) Effects of Federal Presence (up to 30 points total).
    For section 8003 districts:
    (a) Amount of non-taxable Federal property in the applicant 
district (percentage of Federal property divided by 10) (up to 10 
points);
    (b) The numbers of federally connected children identified in 
sections 8003(a)(1)(A), (B), (C), and (D) of the Act in the district 
(percentage of identified children in district divided by 10) (up to 10 
points);
    (c) The numbers of federally connected children identified in 
sections 8003(a)(1)(A), (B), (C), and (D) of the Act in the school 
facility (percentage of identified children in school facility divided 
by 10) (up to 10 points); or
    For section 8002 districts:
    (a) The amount of non-taxable Federal property in the applicant 
district (percentage of Federal property divided by 10 and multiplied 
by 3) (up to 30 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 to be distributed based on the LEA's quartile so that an LEA 
that has used 100 percent of its bonding capacity receives all four 
points and an LEA that has used less than 25 percent of its bond limit 
receives only one point. LEAs that do not have limits on bonded 
indebtedness established by their States will be evaluated by assuming 
that their bond limit is 10 percent of the assessed value of real 
property in the LEA. LEAs deemed to have no practical capacity to issue 
bonds will receive all four points (up to 4 points).
    (b) Assessed value of real property per student (applicant LEA's 
total assessed

[[Page 12244]]

valuation of real property per pupil as a percentile ranking of all 
LEAs in the State. Four points to be distributed by providing all four 
points to LEAs in the poorest quartile and only one point to LEAs in 
the wealthiest quartile) (up to 4 points).
    (c) Total tax rate for capital or school purposes (applicant LEA's 
tax rate for capital or school purposes as a percentile ranking of all 
LEAs in the State. If the State authorizes a tax rate for capital 
expenditures, then these data must be used; otherwise, data on the 
total tax rate for school purposes are used. Four points to be 
distributed by providing all four points to LEAs in the highest taxing 
quartile and only one point to LEAs in the lowest quartile) (up to 4 
points).
    2. Review and Selection Process: Upon receipt, Impact Aid program 
staff will screen all applications to identify any that should not be 
included in the panel review process. Applications that do not meet the 
eligibility standards or are incomplete or late will be eliminated. 
Program staff will also calculate the objective scores for each 
application under criteria (3) and (4). Panel reviewers will assess the 
applications under criteria (1) and (2).
    Except as provided in 34 CFR 222.190, all eligible applications in 
the ``first priority'' emergency category must be funded before 
applications in the next priority can be funded. The Secretary will not 
subject applications in the second, third, and fourth priorities to the 
panel review process if the need for funds in the first priority and 
the number of eligible applications received greatly exceeds the 
available appropriation. Likewise, if the numbers of applications and 
need for funds in the first and second priorities greatly exceed the 
available funds, the Secretary will not submit applications from the 
third and fourth priorities for a panel review. However, as prescribed 
in section 8007(b) of the Act and the implementing regulations, any 
unfunded application in any of the four priorities will be retained and 
considered along with the next fiscal year's pool of applicants.

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN). We may also notify you informally.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Reporting: At the end of your project period, you must submit a 
final performance report, including financial information, as directed 
by the Secretary. If you receive a multi-year award, you must submit an 
annual performance report that provides the most current performance 
and financial expenditure information as specified by the Secretary in 
34 CFR 75.118 and 34 CFR 222.195. In general, grantees must comply with 
applicable reporting requirements in 34 CFR parts 75 and 80. In 
addition, grantees will be required to provide periodic performance and 
financial reports, as specified in individual grant award conditions 
and 34 CFR 222.195.
    4. Performance Measures: The Department has established the 
following performance measure for this program: an increasing 
percentage of LEAs receiving Impact Aid Construction funds will report 
that the overall condition of their school buildings is adequate. Data 
for this measure will be reported to the Department on Table 10 of the 
application for Impact Aid Section 8003 Basic Support Payments.

VII. Agency Contact

    For Further Information Contact: Marilyn Hall, Impact Aid Program, 
U.S. Department of Education, 400 Maryland Avenue, SW., room 3E103, 
Washington, DC 20202-6244. Telephone: (202) 260-3858 or by e-mail: 
[email protected].
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) by contacting the program contact person listed in this 
section.
    Electronic Access to This Document: You may view this document, as 
well as all other documents of this Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF) on the 
Internet at the following site: 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: www.gpoaccess.gov/nara/index.html.


    Dated: March 9, 2004.
Raymond Simon,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 04-5671 Filed 3-12-04; 8:45 am]
BILLING CODE 4000-01-P