[Federal Register Volume 70, Number 107 (Monday, June 6, 2005)]
[Notices]
[Pages 32763-32767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11190]


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DEPARTMENT OF EDUCATION


Office of Elementary and Secondary Education, Overview 
Information, Impact Aid Discretionary Construction Program; Notice 
Inviting Applications for New Emergency Repair Awards for Fiscal Year 
(FY) 2005

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

    Applications Available: June 13, 2005.
    Deadline for Transmittal of Applications: August 5, 2005.
    Deadline for Intergovernmental Review: October 4, 2005.
    Eligible Applicants: To be eligible for an emergency repair grant, 
a local educational agency (LEA) must enroll a high percentage (at 
least 40 percent) of federally connected children in average daily 
attendance (ADA) who reside on Indian lands or who have a parent on 
active duty in the U.S. uniformed services, have a school that enrolls 
a high percentage of one of these types of students, or be eligible for 
funding for heavily impacted LEAs under section 8003(b)(2) of the 
Elementary and Secondary Education Act of 1965 (Act), as amended by the 
No Child Left Behind Act of 2001 (NCLB). In making emergency grant 
awards, the Secretary must also consider the LEA's total assessed value 
of real property that may be taxed for school purposes, its use of 
available bonding capacity, and the nature and severity of the school 
facility emergency.
    In this notice, the Secretary is soliciting only applications for 
emergency repair grants. We will not accept applications for 
modernization grants at this time. Applications for emergency repair 
grants are considered in two priority categories. Detailed information 
about the eligibility requirements for these two priorities is in 34 
CFR 222.177 through 222.179.
    Except as provided in 34 CFR 222.190, all eligible applications in 
the ``first priority'' emergency category must be funded before 
applications in the next priority can be funded. As prescribed in 
section 8007(b)(5)(A)(vi) of the Act and the implementing regulations 
in 34 CFR 222.189(b)(4), unfunded applications in any of the four 
priorities are retained for one year and considered along with the 
following fiscal year's pool of applicants. For each of the FY 2002, 
2003, and 2004 competitions, the number of fundable ``first priority'' 
emergency repair applications exceeded the funds available. 
Approximately 20 unfunded ``first priority'' emergency repair 
applications submitted for FY 2004 will be reconsidered for FY 2005 
funding, along with new emergency repair applications submitted in 
response to this notice.
    The Secretary will not subject ``second priority'' emergency repair 
applications to the panel review process if the need for funds in the 
first priority and the number of eligible applications received greatly 
exceeds the available appropriation. Should funds remain available for 
modernization awards following this competition, the Secretary will 
announce a separate competition for modernization grant applications.
    Estimated Available Funds: $26,290,000.
    Estimated Range of Awards: $50,000-$5,000,000.
    Estimated Average Size of Awards: $1,500,000.
    Estimated Number of Awards: 18.

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

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

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The Impact Aid Discretionary Construction 
Program provides grants to eligible Impact Aid school districts to 
assist in addressing their school facility emergency and modernization 
needs. The eligible Impact Aid school districts have a limited ability 
to raise revenues for capital improvements because they have large 
areas of Federal land within their boundaries. As a result, these 
districts find it difficult to respond when their school facilities are 
in need of emergency repairs or modernization.
    Program Authority: 20 U.S.C. 7707(b).
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75 (except for 
34 CFR 75.600 through 75.617), 77, 79, 80, 82, 84, 85, 86, 97, 98, and 
99. (b) The regulations for this program in 34 CFR part 222.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $26,290,000.
    Estimated Range of Awards: $50,000-$5,000,000.
    Estimated Average Size of Awards: $1,500,000.
    Estimated Number of Awards: 18.

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

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

III. Eligibility Information

    1. Eligible Emergency Repair Applicants: To be eligible for an 
emergency repair grant, an LEA must enroll a high percentage (at least 
40 percent) of federally connected children in ADA who reside on Indian 
lands or who have a parent on active duty in the

[[Page 32764]]

U.S. uniformed services, have a school that enrolls a high percentage 
of one of these types of students, or be eligible for funding for 
heavily impacted LEAs under section 8003(b)(2) of the Act. In making 
emergency grant awards, the Secretary must also consider the LEA's 
total assessed value of real property that may be taxed for school 
purposes, its use of available bonding capacity, and the nature and 
severity of the school facility emergency.
    In this notice, the Secretary is soliciting only applications for 
emergency repair grants. We will not accept applications for 
modernization grants at this time. Applications for emergency repair 
grants are considered in two priority categories. Detailed information 
about the eligibility requirements for these two priorities is in 34 
CFR 222.177 through 222.179.
    Except as provided in 34 CFR 222.190, all eligible applications in 
the ``first priority'' emergency category must be funded before 
applications in the next priority can be funded. As prescribed in 
section 8007(b)(5)(A)(vi) of the Act and the implementing regulations 
in 34 CFR 222.189(b)(4), unfunded applications in any of the four 
priorities are retained for one year and considered along with the 
following fiscal year's pool of applicants. For each of the FY 2002, 
2003, and 2004 competitions, the number of fundable ``first priority'' 
emergency repair applications exceeded the funds available. 
Approximately 20 unfunded ``first priority'' emergency repair 
applications submitted for FY 2004 will be reconsidered for FY 2005 
funding, along with new emergency repair applications submitted in 
response to this notice.
    The Secretary will not subject ``second priority'' emergency repair 
applications to the panel review process if the need for funds in the 
first priority and the number of eligible applications received greatly 
exceeds the available appropriation. Should funds remain available for 
modernization awards following this competition, the Secretary will 
announce a separate competition for modernization grant applications.
    2. Cost Sharing or Matching: See 20 U.S.C. 7707(b) and 34 CFR 
222.174 and 222.191 through 222.193. In reviewing proposed awards, the 
Secretary considers the funds available to the grantee from other 
sources, including local, State, and other Federal funds. Consistent 
with 34 CFR 222.192, applicants will be required to submit financial 
reports for FYs 2003, 2004, and 2005 showing closing balances for all 
school funds. If significant amounts are available at the close of FY 
2005 that are not obligated for other purposes, those funds will be 
considered as available for the proposed emergency repair project, 
which may reduce or eliminate the award for an emergency grant.
    Except for applicants with no practical capacity to issue bonds, as 
defined in 34 CFR 222.176, an eligible applicant's award amount may not 
be more than 50 percent of the total cost of an approved project and it 
may not exceed four million dollars during any four-year period. As 
outlined in 34 CFR 222.174, this program also involves supplement, not 
supplant funding provisions.

IV. Application and Submission Information

    1. Address to Request Application Package: Marilyn Hall, U.S. 
Department of Education, 400 Maryland Avenue, SW., room 3C153, 
Washington, DC 20202-6244. Telephone: (202) 260-3858. You can also 
download the FY 2005 application forms at: http://www.ed.gov/programs/8007b/applicant. An electronic application is available at: http://e-grants.ed.gov.
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) at 1-800-877-8339.
    Individuals with disabilities may obtain a copy of the application 
package in an alternative format (e.g., Braille, large print, 
audiotape, or computer diskette) by contacting the program contact 
person listed in this section.
    2. Content and Form of Application Submission:
    a. Content Restrictions: The application narrative should provide 
concise information on the nature of the emergency condition, including 
detail of the facilities system(s) that require emergency repair and 
how they adversely affect the health, safety, and well-being of 
occupants, the scale of the project in relation to the size of the 
school facility, and cost estimates to address the conditions. This 
information should be succinct and well-organized. Applications should 
not include drawings, designs, or other extraneous documents regarding 
proposed projects, because reviewers will not consider them.
    b. Page Limit: We have found that reviewers are able to conduct the 
highest-quality review when applications are concise and easy to read. 
We strongly recommend that applicants limit their response in each 
applicable narrative section to two pages.
    c. Other: Other requirements concerning the content of an 
application, together with the forms you must submit, are in the 
application package for this program.
    3. Submission Dates and Times:
    Applications Available: June 13, 2005.
    Deadline for Transmittal of Applications: August 5, 2005.
    Applications for grants under this competition may be submitted 
electronically using the Electronic Grant Application System (e-
Application) accessible through the Department's e-Grants system, or in 
paper format by mail or hand delivery. For information (including dates 
and times) about how to submit your application electronically, or by 
mail or hand delivery, please refer to section IV. 6. Other Submission 
Requirements in this notice.
    We do not consider an application that does not comply with the 
deadline requirements.
    Deadline for Intergovernmental Review: October 4, 2005.
    4. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. Information about 
Intergovernmental Review of Federal Programs under Executive Order 
12372 is in the application packages for this program.
    5. Funding Restrictions: We specify unallowable costs in 34 CFR 
222.173. Grant recipients must, in accordance with Federal, State and 
local laws, use emergency grants for permissible construction 
activities at public elementary and secondary school facilities. The 
scope of a selected facilities project will be identified as part of 
the final grant award conditions. A grantee must also ensure that its 
construction expenditures under this program meet the requirements of 
34 CFR 222.172 (allowable program activities) and 34 CFR 222.173 
(prohibited activities). We reference additional regulations outlining 
funding restrictions in the Applicable Regulations section of this 
notice.
    6. Other Submission Requirements:
    Applications for grants under this competition may be submitted 
electronically or in paper format by mail or hand delivery.
    a. Electronic Submission of Applications.
    If you choose to submit your application to us electronically, you 
must use e-Application available through the Department's e-Grants 
system, accessible through the e-Grants portal page at: http://e-grants.ed.gov.
    While completing your electronic application, you will be entering 
data

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online that will be saved into a database. You may not e-mail an 
electronic copy of a grant application to us.
    Please note the following:
     Your participation in e-Application is voluntary.
     You must complete the electronic submission of your grant 
application by 4:30 p.m., Washington, DC time, on the application 
deadline date. The e-Application system will not accept an application 
for this competition after 4:30 p.m., Washington, DC time, on the 
application deadline date. Therefore, we strongly recommend that you do 
not wait until the application deadline date to begin the application 
process.
     The regular hours of operation of the e-Grants Web site 
are 6 a.m. Monday until 7 p.m. Wednesday; and 6 a.m. Thursday until 
midnight Saturday, Washington, DC time. Please note that the system is 
unavailable on Sundays, and between 7 p.m. on Wednesdays and 6 a.m. on 
Thursdays, Washington, DC time, for maintenance. Any modifications to 
these hours are posted on the e-Grants Web site.
     You will not receive additional point value because you 
submit your application in electronic format, nor will we penalize you 
if you submit your application in paper format.
     You must submit all documents electronically, including 
the Application for Discretionary Construction Program under Section 
8007(b), and all necessary assurances and certifications.
     Any narrative sections of your application must be 
attached as files in a .DOC (document), .RTF (rich text), or .PDF 
(Portable Document) format.
     Your electronic application must comply with any page 
limit requirements described in this notice.
     Prior to submitting your electronic application, you may 
wish to print a copy of it for your records.
     After you electronically submit your application, you will 
receive an automatic acknowledgement that will include a PR/Award 
number (an identifying number unique to your application).
     Within three working days after submitting your electronic 
application, mail a signed copy of the Application for Discretionary 
Construction Program under Section 8007(b) to the Impact Aid Program 
after following these steps:
    (1) Print the Application for Discretionary Construction Program 
under Section 8007(b) from e-Application.
    (2) The LEA's Authorized Representative must sign this form on the 
cover page and on all of the assurances pages. The local certifying 
official must sign the certification in an emergency application.
    (3) Place the PR/Award number in the upper right hand corner of the 
hard copy cover page of the Application for Discretionary Construction 
Program under Section 8007(b).
    (4) Mail the signed Application for Discretionary Construction 
Program under Section 8007(b) to the Impact Aid Program at the address 
listed under FOR FURTHER INFORMATION CONTACT elsewhere in this notice 
(see VII. Agency Contact).
     We may request that you provide us original signatures on 
other forms at a later date.
    Application Deadline Date Extension in Case of System 
Unavailability: If you are prevented from electronically submitting 
your application on the application deadline date because the e-
Application system is unavailable, we will grant you an extension of 
one business day in order to transmit your application electronically, 
by mail, or by hand delivery. We will grant this extension if--
    (1) You are a registered user of e-Application and you have 
initiated an electronic application for this competition; and
    (2)(a) The e-Application system is unavailable for 60 minutes or 
more between the hours of 8:30 a.m. and 3:30 p.m., Washington, DC time, 
on the application deadline date; or
    (b) The e-Application system is unavailable for any period of time 
between 3:30 p.m. and 4:30 p.m., Washington, DC time, on the 
application deadline date.
    We must acknowledge and confirm these periods of unavailability 
before granting you an extension. To request this extension or to 
confirm our acknowledgement of any system unavailability, you may 
contact either (1) the person listed elsewhere in this notice under FOR 
FURTHER INFORMATION CONTACT (see VII. Agency Contact) or (2) the e-
Grants help desk at 1-888-336-8930. If the system is down and therefore 
the application deadline is extended, an e-mail will be sent to all 
registered users who have initiated an e-Application.
    Extensions referred to in this section apply only to the 
unavailability of the Department's e-Application system. If the e-
Application system is available, and, for any reason, you are unable to 
submit your application electronically or you do not receive an 
automatic acknowledgement of your submission, you may submit your 
application in paper format by mail or hand delivery in accordance with 
the instructions in this notice.
    b. Submission of Paper Applications by Mail.
    If you submit your application in paper format by mail (through the 
U.S. Postal Service or a commercial carrier), you must mail the 
original and two copies of your application, on or before the 
application deadline date, to the Impact Aid Program at the address 
listed under FOR FURTHER INFORMATION CONTACT elsewhere in this notice 
(see VII. Agency Contact).
    You must show proof of mailing consisting of one of the following:
    (1) A legibly dated U.S. Postal Service postmark,
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service,
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier, or
    (4) Any other proof of mailing acceptable to the Secretary of the 
U.S. Department of Education.
    If you mail your application through the U.S. Postal Service, we do 
not accept either of the following as proof of mailing:
    (1) A private metered postmark, or
    (2) A mail receipt that is not dated by the U.S. Postal Service.
    If your application is postmarked after the application deadline 
date, we will not consider your application.

    Note: The U.S. Postal Service does not uniformly provide a dated 
postmark. Before relying on this method, you should check with your 
local post office.

    c. Submission of Paper Applications by Hand Delivery.
    If you submit your application in paper format by hand delivery, 
you (or a courier service) must deliver the original and two copies of 
your application by hand, on or before the application deadline date, 
to the Impact Aid Program at the address listed under FOR FURTHER 
INFORMATION CONTACT elsewhere in this notice (see VII. Agency Contact). 
We will accept hand deliveries daily between 8 a.m. and 4:30 p.m., 
Washington, DC time, except Saturdays, Sundays, and Federal holidays.

V. Application Review Information

    1. Selection Criteria: Consistent with 34 CFR 75.209, the selection 
criteria for this program are based on the specific statutory program 
elements identified in 34 CFR 222.183 through 222.187 and are described 
in the following paragraphs.
    The Secretary gives distinct weight to the listed selection 
criteria. The maximum score for each criterion is indicated in 
parentheses. Within each criterion, the Secretary evaluates each

[[Page 32766]]

factor equally, unless otherwise specified. The maximum score that an 
application may receive is 100 points.
    (1) Need for project/severity of the school facility problem to be 
addressed by the proposed project. (up to 30 points)
    (a) Justification that the proposed project will address a valid 
emergency; and consistency of the emergency description and the 
proposed project with the certifying local official's statement.
    (b) Impact of the emergency condition on the health and safety of 
the building occupants or on program delivery (examples: the systems or 
areas of the facility involved, e.g., HVAC, roof, floor, windows); the 
type of space affected, such as instructional, resource, food service, 
recreational, general support, or other areas; the percentage of 
building occupants affected by the emergency; and the importance of the 
facility or affected area to the instructional program.
    (2) Project Urgency. (up to 28 points)
    (a) Risk to occupants if the facility condition is not addressed; 
projected increased future costs; effect of the proposed project on the 
useful life of the facility or the need for major construction; or age 
and condition of the facility and date of last renovation of affected 
areas.
    (b) The justification for rebuilding, if proposed.
    (3) Effects of Federal Presence. (up to 30 points total)
    (a) Amount of non-taxable Federal property in the applicant 
district (percentage of Federal property divided by 10); (up to 10 
points)
    (b) The number of federally connected children identified in 
sections 8003(a)(1)(A), (B), (C), and (D) of the Act in the LEA 
(percentage of identified children in LEA divided by 10); (up to 10 
points)
    (c) The number of federally connected children identified in 
sections 8003(a)(1)(A), (B), (C), and (D) of the Act in the school 
facility (percentage of identified children in school facility divided 
by 10); (up to 10 points)
    (4) Ability to respond or pay. (up to 12 points total)
    (a) The percentage an LEA has used of its bonding capacity. Four 
points will be distributed based on the LEA's quartile so that an LEA 
that has used 100 percent of its bonding capacity receives all four 
points and an LEA that has used less than 25 percent of its bond limit 
receives only one point. LEAs that do not have limits on bonded 
indebtedness established by their States will be evaluated by assuming 
that their bond limit is 10 percent of the assessed value of real 
property in the LEA. LEAs deemed to have no practical capacity to issue 
bonds will receive all four points. (up to 4 points)
    (b) Assessed value of real property per student (applicant LEA's 
total assessed valuation of real property per pupil as a percentile 
ranking of all LEAs in the State. Four points will be distributed by 
providing all four points to LEAs in the poorest quartile and only one 
point to LEAs in the wealthiest quartile). (up to 4 points)
    (c) Total tax rate for capital or school purposes (applicant LEA's 
tax rate for capital or school purposes as a percentile ranking of all 
LEAs in the State. If the State authorizes a tax rate for capital 
expenditures, then these data must be used; otherwise, data on the 
total tax rate for school purposes are used. Four points will be 
distributed by providing all four points to LEAs in the highest taxing 
quartile and only one point to LEAs in the lowest quartile). (up to 4 
points)
    2. Review and Selection Process: Upon receipt, Impact Aid program 
staff will screen all applications to identify any that should not be 
included in the panel review process. Applications that do not meet the 
eligibility standards or are incomplete or late will be rejected. 
Program staff will also calculate the objective scores for each 
application under criteria (3) and (4). Panel reviewers will assess the 
applications under criteria (1) and (2).

VI. Award Administration Information

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

VII. Agency Contact

FOR FURTHER INFORMATION CONTACT: Marilyn Hall, Impact Aid Program, U.S. 
Department of Education, 400 Maryland Avenue, SW., room 3C153, 
Washington, DC 20202-6244. Telephone: (202) 260-3858 or by e-mail: 
[email protected]
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) by contacting the program contact person listed in this 
section.
    Electronic Access to This Document: You may view this document, as 
well as all other documents of this Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF) on the 
Internet at the following site: http://www.ed.gov/news/fedregister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC area at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/index.html.



[[Page 32767]]


    Dated: June 1, 2005.
Raymond Simon,
Assistant Secretary for Elementary and Secondary, Education.
[FR Doc. 05-11190 Filed 6-3-05; 8:45 am]
BILLING CODE 4000-01-P