[Federal Register Volume 74, Number 31 (Wednesday, February 18, 2009)]
[Notices]
[Pages 7592-7596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3405]


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DEPARTMENT OF EDUCATION


Office of Elementary and Secondary Education Overview 
Information; Impact Aid Discretionary Construction Grant Program; 
Notice Inviting Applications for New Awards for Fiscal Year (FY) 2009

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

DATES: Applications Available: February 18, 2009.
    Deadline for Transmittal of Applications: March 20, 2009.
    Deadline for Intergovernmental Review: May 19, 2009.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The Impact Aid Discretionary Construction Grant 
Program provides grants for emergency repairs and modernization of 
school facilities to certain eligible local educational agencies (LEAs) 
that receive formula Impact Aid funds.
    Priority: In this notice, the Secretary is soliciting applications 
only for Priority 1 emergency repair grants. We will not accept 
applications for Priority 2 emergency repair or modernization grants at 
this time. In accordance with 34 CFR 75.105(b)(2)(ii) and (iv), this 
priority is from section 8007(b)(2)(A) of the Elementary and Secondary 
Education Act of 1965, as amended (Act) (20 U.S.C. 7707(b)), and the 
regulations for this program in 34 CFR 222.177.
    Absolute Priority: For FY 2009, this priority is an absolute 
priority. Under 34 CFR 75.105(c)(3) we consider only applications that 
meet this priority.
    This priority is: Priority 1 emergency repair grants. An LEA is 
eligible to apply for an emergency grant under the first priority of 
section 8007(b) of the Act if it--
    (a) Is eligible to receive formula construction funds for the 
fiscal year under section 8007(a) of the Act (20 U.S.C. 7707(a));
    (b)(1) Has no practical capacity to issue bonds;
    (2) Has minimal capacity to issue bonds and has used at least 75 
percent of its bond limit; or
    (3) Is eligible to receive funds for the fiscal year for heavily 
impacted districts under section 8003(b)(2) of the Act (20 U.S.C. 
7707(b)(2)); and
    (c) Has a school facility emergency that the Secretary has 
determined poses a health or safety hazard to students and school 
personnel.

    Note: For each of the FYs 2002, 2003, 2004, and 2005 
competitions under this program, the amounts requested by applicants 
for Priority 1 grants exceeded the funds available.

    Program Authority: 20 U.S.C. 7707(b).
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 75 (except for 34 
CFR 75.600 through 75.617), 77, 79, 80, 82, 84, 85, 97, 98, and 99. (b) 
The regulations for this program in 34 CFR part 222.

    Note: The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian tribes.

II. Award Information

    Type of Award: Discretionary grant.
    Estimated Available Funds: $17,500,000.
    Estimated Range of Awards: $50,000-$5,000,000.
    Estimated Average Size of Awards: $1,500,000.
    Estimated Number of Awards: 11.

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

    Project Period: Up to 60 months. We will determine each project 
period based on the nature of the project proposed and the time needed 
to complete the project. We will specify this period in the grant award 
document.

III. Eligibility Information

    1. Eligible Applicants: To be eligible for an emergency repair 
grant, an LEA must enroll a high percentage (at least 40 percent) of 
federally connected children in average daily attendance (ADA) who 
reside on Indian lands or who have a parent on active duty in the U.S. 
uniformed services, have a school that enrolls a high percentage of one 
of these types of students, be eligible for funding for heavily 
impacted LEAs under section 8003(b)(2) of the Act, or meet the specific 
numeric requirements regarding bonding capacity. In making emergency 
grant awards, the Secretary must also consider the LEA's total assessed 
value of real property that may be taxed for school purposes, its use 
of available bonding capacity, and the nature and severity of the 
school facility emergency.
    2.a. Cost Sharing or Matching: See 20 U.S.C. 7707(b)(5) and 34 CFR 
222.174

[[Page 7593]]

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 2006, 2007, and 2008, showing closing balances for all 
school funds. If significant amounts are available at the close of FY 
2008 that are not obligated for other purposes, those funds will be 
considered as available for the proposed emergency repair project, 
which may reduce or eliminate the award for an emergency grant.
    b. Supplement-Not-Supplant: As outlined in 34 CFR 222.174, grants 
made under this program are subject to supplement, not supplant funding 
provisions. Grant funds under this program may not be used to supplant 
or replace other available non-Federal construction money.

IV. Application and Submission Information

    1. Address to Request Application Package: An electronic 
application is available at: http://e-grants.ed.gov. For assistance, 
please contact Kristen Walls-Rivas, Impact Aid Program, U.S. Department 
of Education, 400 Maryland Avenue, SW., room 3C155, Washington, DC 
20202-6244. FAX: 1-866-799-1272.
    If you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
    Individuals with disabilities can obtain a copy of the application 
package in an accessible format (e.g., braille, large print, audiotape, 
or computer diskette) by contacting the person or team listed under 
Accessible Format in section VIII of this notice.
    2. Content and Form of Application Submission: Requirements 
concerning the content of an application, together with the forms you 
must submit, are in the application package for this program.
    Page Limit: We strongly recommend that applicants limit their 
responses in each applicable narrative section to two pages.
    3. Submission Dates and Times:
    Applications Available: February 18, 2009.
    Deadline for Transmittal of Applications: March 20, 2009.
    Applications for grants under this competition must be submitted 
electronically using the Electronic Grant Application System (e-
Application) available through the Department's e-Grants system. For 
information (including dates and times) about how to submit your 
application electronically or by mail or hand delivery if you qualify 
for an exception to the electronic submission requirement, please refer 
to section IV. 6. Other Submission Requirements of this notice.
    Individuals with disabilities who need an accommodation or 
auxiliary aid in connection with the application process should contact 
the person listed under FOR FURTHER INFORMATION CONTACT in section VII 
of this notice.
    Deadline for Intergovernmental Review: May 19, 2009.
    4. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. Information about 
Intergovernmental Review of Federal Programs under Executive Order 
12372 is in the application package for this program.
    5. Funding Restrictions: Except for applicants with no practical 
capacity to issue bonds, as defined in 34 CFR 222.176, an eligible 
applicant's award amount may not be more than 50 percent of the total 
cost of an approved project and may not exceed four million dollars 
during any four-year period. See 34 CFR 222.193. While applicants may 
submit multiple applications, the Department may limit awards for a 
single applicant based on factors specified in 34 CFR 75.217, including 
the applicant's performance and use of funds under a prior award. 
Unallowable costs are specified in 34 CFR 222.173. Grant recipients 
must, in accordance with Federal, State and local laws, use emergency 
grants for permissible construction activities at public elementary and 
secondary school facilities. The scope of a selected facilities project 
will be identified as part of the final grant award conditions. A 
grantee must also ensure that its construction expenditures under this 
program meet the requirements of 34 CFR 222.172 (allowable program 
activities) and 34 CFR 222.173 (prohibited activities).
    We reference additional regulations outlining funding restrictions 
in the Applicable Regulations section of this notice.
    6. Other Submission Requirements: Applications for grants under 
this competition must be submitted electronically unless you qualify 
for an exception to this requirement in accordance with the 
instructions in this section.
    a. Electronic Submission of Applications.
    Applications for grants under the Impact Aid Discretionary 
Construction Grant Program, CFDA number 84.041C, must be submitted 
electronically using the e-Application system available through the 
Department's e-Grants system, accessible through the e-Grants portal 
page at: http://e-grants.ed.gov.
    We will reject your application if you submit it in paper format 
unless, as described elsewhere in this section, you qualify for one of 
the exceptions to the electronic submission requirement and submit, no 
later than two weeks before the application deadline date, a written 
statement to the Department that you qualify for one of these 
exceptions. Further information regarding calculation of the date that 
is two weeks before the application deadline date is provided later in 
this section under Exception to Electronic Submission Requirement.
    While completing your electronic application, you will be entering 
data online that will be saved into a database. You may not e-mail an 
electronic copy of a grant application to us.
    Please note the following:
     You must complete the electronic submission of your grant 
application by 4:30:00 p.m., Washington, DC time, on the application 
deadline date. The e-Application system will not accept an application 
for this competition after 4:30:00 p.m., Washington, DC time, on the 
application deadline date. Therefore, we strongly recommend that you do 
not wait until the application deadline date to begin the application 
process.
     The regular hours of operation of the e-Grants Web site 
are 6:00 a.m. Monday until 7:00 p.m. Wednesday; and 6:00 a.m. Thursday 
until 8:00 p.m. Sunday, Washington, DC time. Please note that the 
system is unavailable between 8:00 p.m. on Sundays and 6:00 a.m. on 
Mondays, and between 7:00 p.m. on Wednesdays and 6:00 a.m. on 
Thursdays, Washington, DC time, for maintenance. Any modifications to 
these hours are posted on the e-Grants Web site.
     You will not receive additional point value because you 
submit your application in electronic format, nor will we penalize you 
if you qualify for an exception to the electronic submission 
requirement, as described elsewhere in this section, and submit your 
application in paper format.
     You must submit all documents electronically, including 
all information you typically provide on the following forms: the 
Application for Discretionary Construction Program under Section 
8007(b) and all necessary assurances and certifications. Cover pages, 
assurances, and certifications may be sent either by facsimile or by e-
mail. All

[[Page 7594]]

additional narrative documents must be attached to the application as 
files in a .DOC (document), .RTF (rich text), or .PDF (Portable 
Document) format. If you upload a file type other than the three file 
types specified in this paragraph or submit a password protected file, 
we will not review that material.
     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 acknowledgment that will include a PR/Award number 
(an identifying number unique to your application).
     Within three working days after submitting your electronic 
application, fax or e-mail a signed copy of the cover pages, 
assurances, and the emergency certification form for the Application 
for Discretionary Construction Program under Section 8007(b) to the 
Impact Aid Program after following these steps:
    (1) Print a copy of the application from e-Application for your 
records.
    (2) Have the applicant's Authorized Representative, date and sign 
the cover page and all of the assurance pages. The local certifying 
official must sign the certification for an emergency application.
    (3) Place the PR/Award number in the upper right hand corner of the 
hard-copy signature page of the Application for Discretionary 
Construction Program under Section 8007(b).
    (4) Fax or e-mail the signed cover page, certification, and 
assurances for the Discretionary Construction Program under Section 
8007(b) to the Impact Aid Program at 1-866-799-1272 or by e-mail to 
[email protected].
     We may request that you provide us original signatures on 
other forms at a later date.
    Application Deadline Date Extension in Case of e-Application System 
Unavailability: If you are prevented from electronically submitting 
your application on the application deadline date because the e-
Application system is unavailable, we will grant you an extension of 
one business day to enable you to transmit your application 
electronically, by mail, or by hand delivery. We will grant this 
extension if--
    (1) You are a registered user of e-Application and you have 
initiated an electronic application for this competition; and
    (2)(a) The e-Application system is unavailable for 60 minutes or 
more between the hours of 8:30 a.m. and 3:30 p.m., Washington, DC time, 
on the application deadline date; or
    (b) The e-Application system is unavailable for any period of time 
between 3:30 p.m. and 4:30:00 p.m., Washington, DC time, on the 
application deadline date.
    We must acknowledge and confirm these periods of unavailability 
before granting you an extension. To request this extension or to 
confirm our acknowledgment of any system unavailability, you may 
contact either (1) the person listed elsewhere in this notice under FOR 
FURTHER INFORMATION CONTACT (see VII. Agency Contact) or (2) the e-
Grants help desk at 1-888-336-8930. If the e-Application system is 
unavailable due to technical problems with the system and therefore the 
application deadline is extended, an e-mail will be sent to all 
registered users who have initiated an e-Application. Extensions 
referred to in this section apply only to the unavailability of the 
Department's e-Application system.
    Exception to Electronic Submission Requirement: You qualify for an 
exception to the electronic submission requirement, and may submit your 
application in paper format, if you are unable to submit an application 
through the e-Application system because--
     You do not have access to the Internet; or
     You do not have the capacity to upload large documents to 
the Department's e-Application system; and
     No later than two weeks before the application deadline 
date (14 calendar days or, if the fourteenth calendar day before the 
application deadline date falls on a Federal holiday, the next business 
day following the Federal holiday), you mail or fax a written statement 
to the Department, explaining which of the two grounds for an exception 
prevent you from using the Internet to submit your application. If you 
mail your written statement to the Department, it must be postmarked no 
later than two weeks before the application deadline date. If you fax 
your written statement to the Department, we must receive the faxed 
statement no later than two weeks before the application deadline date.
    Address and mail or fax your statement to: Kristen Walls-Rivas, 
Impact Aid Program, U.S. Department of Education, 400 Maryland Avenue, 
SW., Room 3C155, Washington, DC 20202-6244. FAX: 1-866-799-1272.
    Your paper application must be submitted in accordance with the 
mail or hand delivery instructions described in this notice.
    b. Submission of Paper Applications by Mail.
    If you qualify for an exception to the electronic submission 
requirement, you may mail (through the U.S. Postal Service or a 
commercial carrier) your application to the Department. You must mail 
the original and two copies of your application, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Impact Aid Program, Attention: (CFDA 
Number 84.041C), Room 3C155, 400 Maryland Avenue, SW., Washington, DC 
20202-6244.
    You must show proof of mailing consisting of one of the following:
    (1) A legibly dated U.S. Postal Service postmark,
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service,
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier, or
    (4) Any other proof of mailing acceptable to the Secretary of the 
U.S. Department of Education.
    If you mail your application through the U.S. Postal Service, we do 
not accept either of the following as proof of mailing:
    (1) A private metered postmark, or
    (2) A mail receipt that is not dated by the U.S. Postal Service.
    If your application is postmarked after the application deadline 
date, we will not consider your application.

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

    c. Submission of Paper Applications by Hand Delivery.
    If you qualify for an exception to the electronic submission 
requirement, you (or a courier service) may deliver your paper 
application to the Department by hand. You must deliver the original 
and two copies of your application, by hand, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Impact Aid Program, Attention: (CFDA 
Number 84.041C), Room 3C155, 400 Maryland Avenue, SW., Washington, DC 
20202-6244.
    The Impact Aid Program accepts hand deliveries daily between 8:00 
a.m. and 4:30:00 p.m., Washington, DC time, except Saturdays, Sundays, 
and Federal holidays.

    Note for Mail or Hand Delivery of Paper Applications: If you 
mail or hand deliver your application to the Department--
    (1) You must indicate on the envelope--if not provided by the 
Department--the CFDA number, including suffix letter, if any, of the 
competition under which you are submitting your application; and
    (2) The Impact Aid Program will mail to you a notification of 
receipt of your grant

[[Page 7595]]

application. If you do not receive this grant notification within 15 
business days from the application deadline date, you should call 
the U.S. Department of Education Impact Aid Program at (202) 260-
3858.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this program are 
from 20 U.S.C. 7707(b)(4) and (b)(6), and are further clarified in 34 
CFR 222.183 and 222.187 and described in the following paragraphs. The 
Secretary gives distinct weight to the listed selection criteria. The 
maximum score for each criterion is indicated in parentheses. Within 
each criterion, the Secretary evaluates each factor equally, unless 
otherwise specified. The maximum score that an application may receive 
is 100 points.
    (1) Need for project/severity of the school facility problem to be 
addressed by the proposed project. (up to 30 points)
    (a) Justification that the proposed project will address a valid 
emergency, and consistency of the emergency description and the 
proposed project with the certifying local official's statement.
    (b) Impact of the emergency condition on the health and safety of 
the building occupants or on program delivery. Applicants should 
describe the systems or areas of the facility involved, e.g., HVAC, 
roof, floor, windows; the type of space affected, such as 
instructional, resource, food service, recreational, general support, 
or other areas; the percentage of building occupants affected by the 
emergency; and the importance of the facility or affected area to the 
instructional program.
    (2) Project urgency. (up to 28 points)
    (a) Risk to occupants if the facility condition is not addressed. 
Applicants should describe projected increased future costs; the 
anticipated effect of the proposed project on the useful life of the 
facility or the need for major construction; and the age and condition 
of the facility and date of last renovation of affected areas.
    (b) The justification for rebuilding, if proposed.
    (3) Effects of Federal presence. (up to 30 points total)
    (a) Amount of non-taxable Federal property in the applicant LEA 
(percentage of Federal property divided by 10); (up to 10 points)
    (b) The number of federally connected children identified in 
section 8003(a)(1)(A), (B), (C), and (D) of the Act in the LEA 
(percentage of identified children in LEA divided by 10); (up to 10 
points)
    (c) The number of federally connected children identified in 
section 8003(a)(1)(A), (B), (C), and (D) of the Act in the school 
facility (percentage of identified children in school facility divided 
by 10); (up to 10 points)
    (4) Ability to respond or pay. (up to 12 points total)
    (a) The percentage an LEA has used of its bonding capacity. Four 
points will be distributed based on this percentage so that an LEA that 
has used 100 percent of its bonding capacity receives all four points 
and an LEA that has used less than 25 percent of its bond limit 
receives only one point. LEAs that do not have limits on bonded 
indebtedness established by their States will be evaluated by assuming 
that their bond limit is 10 percent of the assessed value of real 
property in the LEA. LEAs deemed to have no practical capacity to issue 
bonds will receive all four points. (up to four points)
    (b) Assessed value of real property per student (Applicant LEA's 
total assessed valuation of real property per pupil as a percentile 
ranking of all LEAs in the State). Points will be distributed by 
providing all four points to LEAs in the State's poorest quartile and 
only one point to LEAs in the State's wealthiest quartile. (up to four 
points)
    (c) Total tax rate for capital or school purposes (Applicant LEA's 
tax rate for capital or school purposes as a percentile ranking of all 
LEAs in the State). If the State authorizes a tax rate for capital 
expenditures, then these data must be used; otherwise, data on the 
total tax rate for school purposes are used. Points will be distributed 
by providing all four points to LEAs in the State's highest-taxing 
quartile and only one point to LEAs in the State's lowest-taxing 
quartile. (up to four points)
    2. Review and Selection Process: Upon receipt, Impact Aid program 
staff will screen all applications to eliminate any applications that 
do not meet the eligibility standards, are incomplete, or are late. 
Program staff will also calculate the scores for each application under 
criteria (3) and (4). Panel reviewers will assess the applications 
under criteria (1) and (2).
    (a) Applications are ranked based on the total number of points 
received during the review process. Those with the highest scores will 
be at the top of the funding slate.
    (b) While applicants may submit multiple applications, the 
Department may limit awards for a single applicant based on factors 
specified in 34 CFR 75.217, including the applicant's performance and 
use of funds under a prior award.

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN). We may notify you informally, also.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Reporting: At the end of your project period, you must submit a 
final performance report, including financial information, as directed 
by the Secretary. If you receive a multi-year award, you must submit an 
annual performance report that provides the most current performance 
and financial expenditure information as directed by the Secretary 
under 34 CFR 75.118 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. The Secretary may also require 
more frequent performance reports under 34 CFR 75.720(c). For specific 
requirements on reporting, please go to http://www.ed.gov/fund/grant/apply/appforms/appforms.html.
    4. Performance Measures: The Department has established the 
following performance measure for this program: an increasing 
percentage of LEAs receiving Impact Aid Construction funds will report 
that the overall condition of their school buildings is adequate. Data 
for this measure will be reported to the Department on Table 10 of the 
application for Impact Aid Section 8003 Basic Support Payments.

VII. Agency Contact

FOR FURTHER INFORMATION CONTACT: Kristen Walls-Rivas, Impact Aid 
Program, U.S. Department of Education, 400 Maryland Avenue, SW., room 
3C155, Washington, DC 20202-6244. Telephone: (202) 260-3858 or by e-
mail: [email protected].

[[Page 7596]]

    If you use a TDD, call the FRS, toll free, at 1-800-877-8339.

VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document and a copy of the application package in an accessible format 
(e.g., braille, large print, audiotape, or computer diskette) on 
request to the program contact person listed under FOR FURTHER 
INFORMATION CONTACT in section VII of this notice.
    Electronic Access to This Document: You can view this document, as 
well as all other documents of this Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF) on the 
Internet at the following site: http://www.ed.gov/news/fedregister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.

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

    Delegation of Authority: The Secretary of Education has delegated 
authority to Joseph C. Conaty, Director, Academic Improvement and 
Teacher Quality Programs for the Office of Elementary and Secondary 
Education to perform the functions of the Assistant Secretary for 
Elementary and Secondary Education.

    Dated: February 12, 2009.
Joseph C. Conaty,
Director, Academic Improvement and Teacher Quality Programs.
 [FR Doc. E9-3405 Filed 2-17-09; 8:45 am]
BILLING CODE 4000-01-P