[Federal Register Volume 75, Number 151 (Friday, August 6, 2010)]
[Notices]
[Pages 47525-47535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19335]
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DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
Notice of Funding Availability (NOFA) for Renewable Energy
Feasibility Studies Grants 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 the availability of $3,000,000 for
fiscal year (FY) 2010 to conduct feasibility studies for renewable
energy systems for agriculture producers and rural small businesses.
This funding will be available in the form of grants. Funds that are
not awarded under this notice will be made available for the Rural
Energy for America Program in FY 2011.
Lastly, the Agency intends to publish a proposed rule that will
revise the current program at 7 CFR 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
[[Page 47526]]
State Office no later than 4:30 local time October 5, 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, an
applicant (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.
[email protected].
Alaska
Dean Stewart, USDA Rural Development, 800 West Evergreen, Suite 201,
Palmer, AK 99645-6539. (907) 761-7722. [email protected].
American Samoa (See Hawaii)
Arizona
Alan Watt, USDA Rural Development, 230 North First Avenue, Suite
206, Phoenix, AZ 85003-1706. (602) 280-8769. [email protected].
Arkansas
Tim Smith, USDA Rural Development, 700 West Capitol Avenue, Room
3416, Little Rock, AR 72201-3225. (501) 301-3280.
[email protected].
California
Philip Brown, USDA Rural Development, 430 G Street, 4169,
Davis, CA 95616. (530) 792-5811. [email protected].
Colorado
April Dahlager, USDA Rural Development, 655 Parfet Street, Room E-
100, Lakewood, CO 80215. (720) 544-2909. [email protected].
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. [email protected].
Federated States of Micronesia (See Hawaii)
Florida/Virgin Islands
Joe Mueller, USDA Rural Development, 4440 NW. 25th Place,
Gainesville, FL 32606. (352) 338-3482. [email protected].
Georgia
J. Craig Scroggs, USDA Rural Development, 111 E. Spring St., Suite
B, Monroe, GA 30655. (770) 267-1413 ext. 113.
[email protected].
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.
[email protected].
Idaho
Brian Buch, USDA Rural Development, 9173 W. Barnes Drive, Suite A1,
Boise, ID 83709. (208) 378-5623. [email protected].
Illinois
Molly Hammond, USDA Rural Development, 2118 West Park Court, Suite
A, Champaign, IL 61821. (217) 403-6210. [email protected].
Indiana
Jerry Hay, USDA Rural Development, 5975 Lakeside Boulevard,
Indianapolis, IN 46278. (812) 873-1100. [email protected].
Iowa
Teresa Bomhoff, USDA Rural Development, 873 Federal Building, 210
Walnut Street, Des Moines, IA 50309. (515) 284-4447.
[email protected].
Kansas
David Kramer, USDA Rural Development, 1303 SW First American Place,
Suite 100, Topeka, KS 66604-4040. (785) 271-2730.
[email protected].
Kentucky
Scott Maas, USDA Rural Development, 771 Corporate Drive, Suite 200,
Lexington, KY 40503. (859) 224-7435. [email protected].
Louisiana
Kevin Boone, USDA Rural Development, 905 Jefferson Street, Suite
320, Lafayette, LA 70501. (337) 262-6601, Ext. 133.
[email protected].
Maine
John F. Sheehan, USDA Rural Development, 967 Illinois Avenue, Suite
4, P.O. Box 405, Bangor, ME 04402-0405. (207) 990-9168.
[email protected].
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. [email protected].
Michigan
Traci J. Smith, USDA Rural Development, 3001 Coolidge Road, Suite
200, East Lansing, MI 48823. (517) 324-5157.
[email protected].
Minnesota
Lisa L. Noty, USDA Rural Development, 1400 West Main Street, Albert
Lea, MN 56007. (507) 373-7960, Ext. 120. [email protected].
Mississippi
G. Gary Jones, USDA Rural Development, Federal Building, Suite 831,
100 West Capitol Street, Jackson, MS 39269. (601) 965-5457.
[email protected].
Missouri
Matt Moore, USDA Rural Development, 601 Business Loop 70 West,
Parkade Center, Suite 235, Columbia, MO 65203. (573) 876-9321.
[email protected].
Montana
John Guthmiller, USDA Rural Development, 900 Technology Blvd., Unit
1, Suite B, P.O. Box 850, Bozeman, MT 59771. (406) 585-2540.
[email protected].
Nebraska
Debra Yocum, USDA Rural Development, 100 Centennial Mall North, Room
152, Federal Building, Lincoln, NE 68508. (402) 437-5554.
[email protected].
Nevada
Herb Shedd, USDA Rural Development, 1390 South Curry Street, Carson
City, NV 89703. (775) 887-1222. [email protected].
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.
[email protected].
New Mexico
Jesse Bopp, USDA Rural Development, 6200 Jefferson Street, NE., Room
255, Albuquerque, NM 87109. (505) 761-4952. [email protected].
New York
Scott Collins, USDA Rural Development, 9025 River Road, Marcy, NY
13403. (315) 736-3316 Ext. 4. [email protected].
North Carolina
David Thigpen, USDA Rural Development, 4405 Bland Rd. Suite 260,
Raleigh, NC 27609. (919) 873-2065. [email protected].
[[Page 47527]]
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. [email protected].
Ohio
Randy Monhemius, USDA Rural Development, Federal Building, Room 507,
200 North High Street, Columbus, OH 43215-2418. (614) 255-2424.
[email protected].
Oklahoma
Jody Harris, USDA Rural Development, 100 USDA, Suite 108,
Stillwater, OK 74074-2654. (405) 742-1036. [email protected].
Oregon
Don Hollis, USDA Rural Development, 200 SE Hailey Ave, Suite 105,
Pendleton, OR 97801. (541) 278-8049, Ext. 129.
[email protected].
Pennsylvania
Bernard Linn, USDA Rural Development, One Credit Union Place, Suite
330, Harrisburg, PA 17110-2996. (717) 237-2182.
[email protected].
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. [email protected].
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. [email protected].
South Dakota
Douglas Roehl, USDA Rural Development, Federal Building, Room 210,
200 4th Street, SW., Huron, SD 57350. (605) 352-1145.
[email protected].
Tennessee
Will Dodson, USDA Rural Development, 3322 West End Avenue, Suite
300, Nashville, TN 37203-1084. (615) 783-1350.
[email protected].
Texas
Daniel Torres, USDA Rural Development, Federal Building, Suite 102,
101 South Main Street, Temple, TX 76501. (254) 742-9756.
[email protected].
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. [email protected].
Vermont/New Hampshire
Cheryl Ducharme, USDA Rural Development, 89 Main Street, 3rd Floor,
Montpelier, VT 05602. (802) 828-6083. [email protected].
Virginia
Laurette Tucker, USDA Rural Development, Culpeper Building, Suite
238, 1606 Santa Rosa Road, Richmond, VA 23229. (804) 287-1594.
[email protected].
Virgin Islands (See Florida)
Washington
Mary Traxler, USDA Rural Development, 1835 Black Lake Blvd. SW.,
Suite B, Olympia, WA 98512. (360) 704-7762.
[email protected].
West Virginia
Richard E. Satterfield, USDA Rural Development, 75 High Street, Room
320, Morgantown, WV 26505-7500. (304) 284-4874.
[email protected].
Wisconsin
Brenda Heinen, USDA Rural Development, 4949 Kirschling Court,
Stevens Point, WI 54481. (715) 345-7615, Ext. 139.
[email protected].
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. [email protected].
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 program assistance, 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
feasibility study grants, as covered in this REAP notice, has been
approved by the Office of Management and Budget (OMB) under OMB Control
Number 0570-0061.
The information collection requirements associated with renewable
energy system and energy efficiency improvement grants and guaranteed
loans and with energy audits and renewable energy development
assistance grants, which will be addressed in their respective REAP
notices, have also been approved by OMB under OMB Control Number 0570-
0050 and OMB Control Number 0570-0059, 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 Feasibility Studies
Grants 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 October 5, 2010,
in order to be considered for funding in FY 2010. Applications received
after 4:30 p.m. local time October 5, 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/busp/REAPFEAS.htm.
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
(FSRIA) and establishes the Rural Energy for America Program under
section 9007 thereof. The 2008 Farm Bill requires the Secretary of
Agriculture to create a program to make grants to help agricultural
producers and rural small businesses complete feasibility studies for
projects that will help meet the Nation's critical energy needs. The
grant request may not exceed 25 percent of eligible project costs or
$50,000, whichever is less.
B. Statutory Authority. This activity (feasibility study) is found
in the Rural Energy for America Program, which 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
[[Page 47528]]
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 the 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.
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-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.
II. Funding Information
A. Available Funds. The amount of grant funds available for
renewable energy system feasibility studies in FY 2010 is $3,000,000.
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 the Farm Security and
Rural Investment Act of 2002, 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 renewable energy system and energy efficiency improvements REAP
notice.
B. Number of awards. The number of awards will depend on the number
of eligible applicants participating in the feasibility study grant
portion of the Rural Energy for America 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
system feasibility study grants awarded to that individual or entity
under the Rural Energy for America Program. The Agency will not use
more than 10 percent of funds for grants to conduct renewable energy
system feasibility studies.
D. Types of Instrument. Grant.
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. Applications must be from the prospective
owner(s) of the renewable energy system for which the feasibility study
grant is sought. Applications from other entities (e.g., entities that
would be conducting the feasibility study and are not owners) will not
be accepted. Finally, 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 applicable Rural
Development Energy Coordinators, as provided in the ADDRESSES section
of this Notice. In addition, 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 by October 5, 2010. All applications must be received at the
appropriate State Office by 4:30 p.m. local time on the deadline date.
C. Where To Submit
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, applicants may
submit their applications to the Agency via the Grants.gov Web site.
D. How To Submit
Applications may be submitted either as hard copy to the
appropriate Rural Development Energy Coordinator or
[[Page 47529]]
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.
E. Other Submission Requirements and Information
(1) 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.
(2) Original signatures. USDA Rural Development may request that
the applicant provide original signatures on forms submitted through
Grants.gov at a later date.
(3) 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.
IV. Program Provisions
This section of the Notice identifies the procedures the Agency
will use to process and select feasibility study applications, award
grants, and administer such financial assistance.
A. Eligibility
Applicants and their applications are subject to the provisions of
this Notice and to the grant provisions of 7 CFR part 4280, subpart B,
as may be modified under this Notice.
(1) Applicant eligibility. To be eligible for a feasibility study
grant under this Notice, the applicant must:
(i) Be a rural small business or agricultural producer as defined
in 7 CFR 4280.103,
(ii) Meet the eligibility criteria of 7 CFR 4280.107; and
(iii) Be the prospective owner of the renewable energy system for
which the feasibility study grant is sought.
(2) Project eligibility. Feasibility studies must be for a
renewable energy system that:
(i) Is for the purchase, installation, expansion, or other energy-
related improvement of a renewable energy system;
(ii) Is located in a rural area as identified in 7 CFR 4280.108(d);
and
(iii) Is for technology that is pre-commercial or commercially
available, and that is replicable.
B. Grant Funding
The maximum amount for a feasibility study grant under this Notice
is $50,000 or 25 percent of the eligible project cost (as described
below) of the study, whichever is less. The Grantee will have 2 years
from the date of the grant agreement to provide the Agency with a
complete and acceptable feasibility study and to request disbursement
of the funds as described in Section IV(K) of this Notice. If the
Grantee does not submit to the Agency a complete and acceptable
feasibility study within this 2 year period, the grant is subject to
termination by and reimbursement to the Agency according to
Departmental Regulations.
C. Project Costs
(1) Eligible project costs will be considered by the Agency when
determining the amount of the grant and include:
(i) Those costs incurred after the application submittal date; and
(ii) Specific to the development of the feasibility study, (refer
to Appendix A for further information on the content of a feasibility
study) including, but not limited to:
(A) Resource assessment;
(B) Transmission study; and
(C) Environmental study.
(2) Ineligible grant purposes include:
(i) Costs associated with selection of engineering, architectural,
or environmental services;
(ii) Designing, bidding, or contract development for the proposed
facility;
(iii) Permitting and other licensing costs required to construct
the facility;
(iv) Conducting industry-level feasibility studies also known as
feasibility study templates or guides because the assistance is not
provided to a specific project; and
(v) Pay for any goods or services provided by a person or entity
who has a conflict of interest as described in 7 CFR 4280.106.
D. Application Restrictions
Feasibility study applications:
(1) Can apply for only one renewable energy system feasibility
study project under this Notice;
(2) Have completed the environmental review process according to 7
CFR 4280.114(d);
(3) Which are complete will be eligible for funding consideration;
(4) Can be submitted for a modification to an existing renewable
energy system (e.g., for the expansion portion of an existing wind
farm);
(5) Cannot be submitted for a renewable energy system project for
which a feasibility study has been conducted or funded under any
Federal or State program; and
(6) Cannot be submitted in FY 2010 for a RES project if an RES
application for the same renewable energy system is submitted in FY
2010 and vice versa.
E. Applications
An original and one complete copy of each application are required
that follow the outline below. Each application must include a Table of
Contents with clear pagination and chapter identification and the
following:
(1) Form SF-424, ``Application for Federal Assistance;''
(2) Form SF-424C, ``Budget Information--Construction Programs;''
(3) Form SF-424D, ``Assurances--Construction Programs;''
(4) Form RD 1940-20, ``Request for Environmental Information'' (if
applicable);
(5) If an entity, one copy of the applicant's organizational
documents; and
(6) A proposed work plan, which includes:
(i) A brief description of the proposed system the feasibility
study will evaluate;
(ii) A description of the feasibility study to be conducted. An
acceptable feasibility study is outlined in Appendix A to this Notice.
Applicants must require those conducting the feasibility study to
consider and document within the feasibility study the important
environmental factors within the planning area and the potential
environmental impacts of the project for which the feasibility study is
being conducted, as well as the alternatives considered;
(iii) The timeframe for completion of the feasibility study;
(vi) The experience of the company/individual completing the
feasibility study, including the number of similar projects the
company/individual has performed, the number of years the company has
been performing a similar service, and corresponding resumes;
(v) The source and amount of other project funds needs to be
clearly identified. Agency approved written documentation/confirmation
from any third party committing a specific amount of such funds is
required. Documentation includes such items as bank statements, lender
commitment letters, and so forth; and
[[Page 47530]]
(vi) Sufficient financial information to allow the Agency to
determine the applicant's size. All information submitted under this
paragraph must be substantiated by authoritative records:
(A) If the applicant is a rural small businesses, provide
sufficient information to determine its total annual receipts and
number of employees and the same information for any parent,
subsidiary, or affiliates at other locations. Voluntarily providing tax
returns is one means of satisfying this requirement. The information
provided must be sufficient for the Agency to make a determination of
business size as defined by the Small Business Administration; and
(B) If the applicant is an agricultural producer, provide the gross
market value of the agricultural products, gross agricultural income,
and gross nonfarm income of the applicant for the calendar year
preceding the year in which the application is submitted;
(7) Any Intergovernmental review comments from the State Single
Point of Contact, or evidence that the State has elected not to review
the program under Executive Order 12372;
(8) A certification that the applicant has not received any other
Federal or State assistance for the same RES project that is the
subject of the application; and
(9) A certification that the applicant has not received any other
Federal or State assistance for a feasibility study for the subject
renewable energy system.
F. Evaluation of Applications
Feasibility study applications submitted under this Notice will be
evaluated by the applicable Energy Coordinator for eligibility,
completeness, and scoring.
(1) General review. The Agency will evaluate each application and
make a determination as to whether the applicant is eligible, the
proposed grant is for an eligible feasibility study, and the proposed
grant complies with all applicable statutes and regulations.
(i) Applicant eligibility. The Agency will first determine whether
the entity is eligible to compete for a feasibility study grant.
Applications for applicants determined by the Agency not to be eligible
will not be processed further. The Agency will determine applicant
eligibility based on the criteria specified in this section.
(ii) Proposal eligibility. After determining applicant eligibility,
the Agency will review the application to determine if the proposal is
eligible. Applications determined by the Agency not to be eligible will
not be processed further. The Agency will determine whether the
application contains certification by the applicant that the applicant
has neither sought nor received any other Federal or State assistance
for a feasibility study on the subject facility. If the application
does not contain such certification, it is an ineligible application
and the Agency will stop processing the application. If the application
contains such certification, the Agency will continue processing it.
(2) Ineligible applicants and applications. If either the applicant
or the application is ineligible, the Agency will inform the applicant
in writing of the decision, reasons therefore, and any appeal rights.
No further evaluation of the application will occur.
(3) Incomplete applications. If the application is incomplete, the
Agency will return it to the applicant. The Agency will identify those
parts of the application that are incomplete. The applicant may
resubmit the application, as long as it is received by the appropriate
USDA Rural Development State Office no later than 4:30 local time
October 5, 2010.
G. Scoring Applications
The Agency will assign a score to each eligible application as
follows:
(1) Energy replacement or generation. The project can be for either
replacement or generation, but not both. A maximum of 25 points can be
awarded under this section.
(i) Energy replacement. 25 points will be awarded if proposed
project will offset a portion or all of the applicant's energy needs.
(ii) Energy generation. 15 points will be awarded if the proposed
renewable energy system is intended primarily for production of energy
for sale.
(2) Commitment of funds for the feasibility study. Other Federal or
State assistance for only the feasibility study would make the request
ineligible. Appropriate documentation must verify commitment of funds.
A maximum of 10 points can be awarded under this section.
(i) 10 points--100 percent of matching funds.
(ii) 7.5 points--75 percent up to, but not including 100 percent of
matching funds.
(iii) 5 points--50 percent up to, but not including 75 percent of
matching funds.
(iv) 0 points--less than 50 percent of matching funds.
(3) Designation as a Small agricultural producer/very small
business. An applicant will be considered either an agricultural
producer or rural small business. No applicant will be considered as
both. Points will only be awarded under either paragraph (3)(i) or
(3)(ii). A maximum of 20 points can be awarded under this section.
(i) For an Agricultural Producer:
(A) 10 points will be awarded if the applicant is an agricultural
producer producing agricultural products with a gross market value of
less than $600,000 in the preceding year, or
(B) 20 points will be awarded if the applicant is an agricultural
producer producing agricultural products with a gross market value of
less than $200,000 in the preceding year.
(ii) For a Rural Small Business, 20 points will be awarded if the
applicant is a very small business, as defined in 7 CFR 4280.103.
(4) Experience and qualifications of the entity identified to
perform the feasibility study. A maximum of 15 points can be awarded
under this section.
(i) 15 points will be awarded if the entity has 5 or more years
experience in the field of study for the technology being proposed.
(ii) 7.5 points will be awarded if the entity has 2 or more years,
but less than 5 years, experience in the field of study for the
technology field being proposed.
(iii) 0 points will be awarded if the entity has less than 2 years
experience in the field of study for the technology field being
proposed.
(5) Size of feasibility study grant request. A maximum of 20 points
can be awarded under this section.
(i) 20 points will be awarded if the feasibility study request is
$10,000 or less.
(ii) 10 points will be awarded if the feasibility study request is
more than $10,000 up to $25,000.
(iii) 0 points will be awarded if the feasibility study request is
greater than $25,000.
(6) Resources to implement project. Considering the technology
being proposed, the applicant may qualify for other local or State
programs to assist in the construction, or operation of the facility.
These programs will benefit the applicant and/or proposed project
during or after the facility is constructed and operational. A maximum
of 10 points can be awarded under this section.
(i) 5 points will be awarded if the applicant has identified local
programs.
(ii) 5 points will be awarded if the applicant has identified State
programs.
H. Award Process
The Agency will use the following process to determine which grants
receive funding under this Notice.
[[Page 47531]]
(1) Ranking of applications. All scored applications will be ranked
by the Agency as soon after the application deadline as possible. All
applications that are ranked will be considered for selection for
funding.
(2) Selection of applications for funding. Applications will be
selected based on their rank in accordance with their scores. If, after
the majority of applications have been funded, insufficient funds
remain to fund the next highest scoring application, the Agency may
elect to fund a lower scoring application. Before this occurs, the
Agency will provide the applicant of the higher scoring application the
opportunity to reduce the amount of its grant request to the amount of
funds available. If the applicant agrees to lower its grant request, it
must certify that the purposes of the project can be met, and the
Agency must determine the project is financially feasible at the lower
amount. The Agency will notify, in writing, applicants whose
applications have been selected for funding.
(3) Disposition of ranked applications not funded. Based on the
availability of funding, a ranked application may not be funded in the
fiscal year in which it was submitted. Such ranked applications will
not be carried forward into the next fiscal year and the Agency will
notify the applicant in writing.
I. Actions Prior to Grant Closing
(1) Environmental. If construction is a component of the study, the
appropriate level of environmental assessment must be completed prior
to the obligation of funds. All feasibility study grants made under
this Notice are subject to the requirements of subpart G of part 1940
of this title. When construction is not a component of the study,
feasibility studies are considered planning assistance, which are
categorically excluded from the environmental review process by Sec.
1940.310 of this title.
(2) Changes in project cost or scope. If there is a significant
reduction in project cost or changes in project scope, the applicant's
funding needs, eligibility, and scoring, as applicable, will be
reassessed. Decreases in Agency funds will be based on revised project
costs and other selection factors; however, other factors, including
Agency regulations and Notices used at the time of grant approval, will
remain the same. Obligated grant funds not needed to complete the
project will be de-obligated.
(3) Evidence of other funds. Applicants expecting funds from other
sources for use in completing projects being partially financed with
Agency funds shall present evidence of the commitment of these funds
from such other sources prior to disbursement of grant funds.
J. Approval Process
(1) Letter of conditions. The Agency will notify the approved
applicant in writing, setting out the conditions under which the grant
will be made. The Notice will include those matters necessary to ensure
that the proposed grant is completed in accordance with the terms of
the scope of work and budget, that grant funds are expended for the
feasibility study, and that the applicable requirements prescribed in
the relevant Departmental Regulations are complied with. The Letter of
Conditions will be sent to the applicant.
(2) Letter of Intent to Meet Conditions. Upon reviewing the
conditions and requirements in the Letter of Conditions, the applicant
must complete, sign and return a Form RD 1942-46, ``Letter of Intent to
Meet Conditions,'' to the Agency; or if certain conditions cannot be
met, the applicant may propose alternate conditions to the Agency. The
Agency must concur with any changes proposed to the Letter of
Conditions by the applicant before the application will be further
processed.
(3) Grant agreement, forms, and certifications. Prior to grant
disbursement, but after grant obligation, the applicant must complete,
sign, and return a Grant Agreement, which is attached to this Notice as
Appendix B. In addition, the following forms and certifications must be
submitted prior to grant approval:
(i) Certification that the feasibility study grant will be for a
renewable energy system project that is located in a rural area;
(ii) Form AD-1047, ``Certification Regarding Debarment, Suspension,
and Other Responsibility Matters--Primary Covered Transactions;''
(iii) Form AD-1048, ``Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered
Transactions,'' including certification from any person or entity you
do business with as a result of this government assistance that they
are not debarred or suspended from government assistance;
(iv) Form AD-1049, ``Certification Regarding Drug-Free Workplace
Requirements (Grants) Alternative I--For Grantees Other Than
Individuals;''
(v) Form SF-LLL, ``Disclosure Form to Report Lobbying'' or Exhibit
A-1 of RD Instruction 1940-Q, ``Certification for Contracts, Grants,
and Loans;'' and
(vi) Form RD 400-4, ``Assurance Agreement.''
(4) Grant approval. Form RD 1940-1 must be signed by the applicant.
(i) The applicant will be sent a copy of the executed Form RD 1940-
1, the approved scope of work, and a Grant Agreement (see Appendix B to
this Notice).
(ii) The Grantee must abide by all requirements contained in the
Grant Agreement, this Notice, and any other applicable Federal statutes
or regulations. Failure to follow the requirements may result in
termination of the grant and adoption of other available remedies.
K. Fund Disbursement
Grant funds will be expended on a pro rata basis with matching
funds.
(1) Requests for reimbursement may be submitted monthly or more
frequently if authorized to do so by the Agency. Ordinarily, payment
will be made within 30 days after receipt of a proper request for
reimbursement.
(2) The Grantee shall not request reimbursement for the Federal
share of amounts withheld from contractors to ensure satisfactory
completion of work until after it makes those payments.
(3) Payment shall be made by electronic funds transfer.
(4) Standard Form 270, ``Request for Advance or Reimbursement,'' or
other format prescribed by the Agency shall be used to request grant
reimbursements.
(5) For renewable energy system feasibility studies, grant funds
will be disbursed in accordance with the above through 90 percent of
grant disbursement. The final 10 percent of grant funds will be held by
the Agency until a feasibility study acceptable to the Agency has been
submitted.
L. Deobligation of Grant Funds
Funds remaining after all costs incident to the project have been
paid or provided for are subject to deobligation.
M. Monitoring and Reporting Project Performance
(1) Monitoring of project. Grantees are responsible for ensuring
all activities are performed within the approved scope of work and that
funds are only used for approved purposes. Grantees shall constantly
monitor performance to ensure that time schedules are being met,
projected work by time periods is being accomplished, financial
resources appropriately expended by contractors (if applicable), and
any other performance objectives identified in the scope of work are
being achieved. To
[[Page 47532]]
the extent resources are available, the Agency will monitor Grantees to
ensure that activities are performed in accordance with the Agency-
approved scope of work and to ensure that funds are expended for
approved purposes. The Agency's monitoring of Grantees neither relieves
the Grantee of its responsibilities to ensure that activities are
performed within the scope of work approved by the Agency and that
funds are expended for approved purposes only nor provides recourse or
a defense to the Grantee should the Grantee conduct unapproved
activities, engage in unethical conduct, engage in activities that are
or give the appearance of a conflict of interest, or expend funds for
unapproved purposes.
(2) Federal financial reports. A SF-425, ``Federal Financial
Report,'' and a project performance report will be required of all
Grantees on a semiannual basis. The Grantee will complete the project
within the total sums available to it, including the grant, in
accordance with the scope of work and any necessary modifications
thereof prepared by the Grantee and approved by the Agency. The final
Federal financial report must be submitted to the Agency within 90 days
after the feasibility study has been completed.
(3) Performance reports. Grantees must submit to the Agency, in
writing, semiannual performance reports and a final performance report.
Grantees are to submit an original of each report to the Agency.
(i) Semiannual performance reports. Each semiannual performance
report shall describe current progress and identify any problems,
delays, or adverse conditions, if any, which have affected or will
affect attainment of overall project objectives or prevent meeting time
frame for completion of the feasibility study within 2 years. This
disclosure shall be accompanied by a statement of the action taken or
planned to resolve the situation.
(ii) Final performance report. A final performance report, which
will serve as the last semiannual performance report, will be required
within 90 days after the feasibility study has been completed. The
final performance report shall summarize any problems, delays, or
adverse conditions, if any, which have affected the project objectives
or prevented meeting time frames for completion of the feasibility
study. The final performance report should indicate if the Grantee
intends to proceed with the construction of the project.
(4) Final deliverables. Upon completion of the feasibility study,
the Grantee shall submit the following to the Agency:
(i) The project feasibility study; and
(ii) SF-270, ``Request for Advance or Reimbursement.''
(5) Reports required after feasibility study completion. Beginning
the first full year after the feasibility study has been completed,
Grantees shall report annually for 2 years on the following:
(i) Is the renewable energy system project for which the
feasibility study was conducted underway? If `yes,' describe how far
along the renewable energy system project is (e.g., financing has been
secured, site has been secured, construction contracts are in place,
project completed).
(ii) Is the renewable energy system project complete? If so, what
is the actual amount of energy being produced?
(6) Other reports. For clarification purposes, the Agency may
request any additional project and/or performance data for the project
for which grant funds have been received.
N. Financial Management System and Records
Grantees are required to maintain a financial management system and
records in accordance with 7 CFR 3015.
O. Grant Servicing
Grants will be serviced in accordance with Departmental Regulations
and 7 CFR part 1951, subparts E and O. Grantees will permit periodic
inspection of the project records and operations by a representative of
the Agency. All non-confidential information resulting from the
Grantee's activities shall be made available to the general public on
an equal basis.
P. Programmatic Changes
The Grantee shall obtain prior Agency approval for any change to
the scope or objectives of the approved project. Failure to obtain
prior approval of changes to the scope of work or budget may result in
suspension, termination, and recovery of grant funds.
Q. Transfer of Obligations
Subject to Agency approval, an obligation of funds established for
a Grantee may be transferred to a different (substituted) Grantee
provided:
(1) The substituted Grantee
(i) Is eligible;
(ii) Has a close and genuine relationship with the original
Grantee; and
(iii) Has the authority to receive the assistance approved for the
original Grantee; and
(2) The type of renewable energy technology and the scope of the
project for which the Agency funds will be used remain unchanged.
R. Grant Close Out and Related Activities
In addition to the requirements specified in the Departmental
regulations, failure to submit satisfactory reports on time under the
provisions of the Monitoring and Reporting Project Performance
requirements of this Notice may result in the suspension or termination
of a grant. The provisions of this section apply to grants and sub-
grants.
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.
(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
adverse 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.
(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 applicant of their right to informal review,
mediation, and appeal of the decision in accordance with 7 CFR part 11.
C. Exception Authority
Except as specified in paragraphs (1) through (3) of this section,
the Administrator may make exceptions to any requirement or provision
of this Notice, if such exception is in the best financial interests of
the Federal Government and is otherwise not in conflict with applicable
laws.
(1) Applicant eligibility. No exception to applicant eligibility
can be made.
(2) Project eligibility. No exception to project eligibility can be
made.
(3) Rural area definition. No exception to the definition of rural
area can be made.
[[Page 47533]]
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 there from; 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.
E. Other USDA Regulations
Feasibility study grants awarded under this Notice are subject to
the provisions of the Departmental Regulations, as applicable, which
are incorporated by reference herein.
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.
For assistance on this Notice, please 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: August 2, 2010.
Judith A. Canales,
Administrator, Rural Business-Cooperative Service.
Appendix A--Renewable Energy System Feasibility Study
Elements in an acceptable feasibility study include, but are not
necessarily limited to, the following elements:
Executive Summary,
Economic Feasibility,
Market Feasibility,
Technical Feasibility (including the appropriate
technical report),
Financial Feasibility,
Management Feasibility, and
Qualifications.
As noted above, both a technical report for the project and an
economic analysis of the project are required as part of the
feasibility study. The technical report to be provided must conform
to that required under 7 CFR part 4280, as applicable or, if the
renewable energy system is a hydropower project, under this Notice.
The following paragraphs describe the contents that each section of
the feasibility study must contain, as applicable.
Executive Summary. Provide an introduction and overview of the
project. In the overview, describe the nature and scope of the
proposed project, including purpose, project location, design
features, capacity, and estimated total capital cost. Include a
summary of each of the elements of the feasibility study, including:
Economic feasibility determinations,
Market feasibility determinations,
Technical feasibility determinations,
Financial feasibility determinations, and
Management feasibility determinations.
In addition, include a section on recommendations for
implementation of the proposed project.
Economic Feasibility. Provide information regarding project
site; the availability of trained or trainable labor; and the
availability of infrastructure, including utilities, and rail, air
and road service to the site. Discuss feedstock source management,
including feedstock collection, pre-treatment, transportation, and
storage, and provide estimates of feedstock volumes and costs.
Discuss the proposed project's potential impacts on existing
manufacturing plants or other facilities that use similar feedstock
if the proposed technology is adopted. Provide projected impacts of
the proposed project on resource conservation, public health, and
the environment. Provide an overall economic impact of the project
including any additional markets created (e.g., for agricultural and
forestry products and agricultural waste material) and potential for
rural economic development. Provide feasibility/plans of project to
work with producer associations or cooperatives including estimated
amount of annual feedstock and biofuel and byproduct dollars from
producer associations and cooperatives.
Market Feasibility. Provide information on the sales
organization and management. Discuss the nature and extent of market
and market area and provide marketing plans for sale of projected
output, including both the principle products and the by-products.
Discuss the extent of competition including other similar facilities
in the market area. Provide projected total supply and projected
competitive demand of raw materials. Describe the procurement plan,
including projected procurement costs and the form of commitment of
raw materials (marketing agreements, etc.). Identify commitments
from customers or brokers for both the principle products and the
by-products. Discuss all risks related to the industry, including
industry status.
Technical Feasibility. The technical feasibility report shall be
based upon verifiable data and contain sufficient information and
analysis so that a determination may be made on the technical
feasibility of achieving the levels of income or production that are
projected in the financial statements. The project engineer or
architect is considered an independent party provided neither the
principals of the firm nor any individual of the firm who
participates in the technical feasibility report has a financial
interest in the project. If no other individual or firm with the
expertise necessary to make such a determination is reasonably
available to perform the function, an individual or firm that is not
independent may be used.
Identify any constraints or limitations in the financial
projections and any other facility or design-related factors that
might affect the success of the enterprise. Identify and estimate
project operation and development costs and specify the level of
accuracy of these estimates and the assumptions on which these
estimates have been based.
Discuss all risks related to construction of the project and
regulation and governmental action as they affect the technical
feasibility of the project.
Financial Feasibility. Discuss the reliability of the financial
projections and assumptions on which the financial statements are
based including all sources of project capital both private and
public, such as Federal funds. Provide 3 years (minimum) projected
Balance Sheets and Income Statements and cash flow projections for
the life of the project. Discuss the ability of the business to
achieve the projected income and cash flow. Provide an assessment of
the cost accounting system. Discuss the availability of short-term
credit or other means to meet seasonable business costs and the
adequacy of raw materials and supplies. Provide a sensitivity
analysis, including feedstock and energy costs. Discuss all risks
related to the project, borrower financing plan, the operational
units, and tax issues.
Management Feasibility. Discuss the continuity and adequacy of
management. Identify borrower and/or management's previous
experience concerning the receipt of Federal financial assistance,
including amount of funding, date received, purpose, and outcome.
Discuss all risks related to the borrower as a company (e.g.,
borrower is at the Development-Stage) and conflicts of interest,
including appearances of conflicts of interest.
Qualifications. Provide a resume or statement of qualifications
of the author of
[[Page 47534]]
the feasibility study, including prior experience.
Appendix B--Grant Agreement For Renewable Energy System Feasibility
Studies
This GRANT AGREEMENT (Agreement) is a contract for receipt of
grant funds of $--------------, to conduct feasibility studies for
renewable energy system projects under the Rural Energy for America
Program, Title IX, Section 9001 of the Food, Conservation, and
Energy Act of 2008, (P.L. 110-234) between ------------------
(Grantee) and the United States of America acting through Rural
Development, Department of Agriculture (Grantor). All references
herein to ``project'' refer to renewable energy system feasibility
study project identified in the work plan submitted with the
application. Should actual project costs be lower than projected in
the work plan, the final amount of the grant may be adjusted.
(1) Assurance Agreement
Grantee assures Grantor that Grantee is in compliance with and
will comply in the course of the Agreement with all applicable laws,
regulations, Executive Orders, and other generally applicable
requirements, including those contained in the Departmental
Regulations as codified in 7 CFR parts 3000 through 3099, including
but not necessarily limited to 7 CFR parts 3015 and successor
regulations to these parts, which are incorporated into this
agreement by reference, any Notices relating to this program
published in the Federal Register, and other applicable statutory
provisions.
Grantee and Grantor agree to all of the terms and provisions of
any policies and regulations promulgated under Title IX, Section
9001 of the Food, Conservation, and Energy Act of 2008. Any
application submitted by the Grantee for this grant, including any
attachments or amendments, is incorporated and included as part of
this Agreement. Any changes to these documents or this Agreement
must be approved in writing by Grantor.
Grantor may terminate the grant in whole, or in part, at any
time before the date of completion, whenever it is determined that
the Grantee has failed to comply with the conditions of this
Agreement.
(2) Use of Grant Funds
Grantee will use grant funds and leveraged funds only for the
purposes and tasks included in the application and budget approved
by the Grantor. The approved budget and approved use of funds are as
further described in the Grantor Letter of Conditions and amendments
or supplements thereto. Any uses not provided for in the approved
budget must be approved in writing by Grantor.
(3) Civil Rights Compliance
Grantee will comply with Executive Order 12898, Title VI of the
Civil Rights Act of 1964, and Section 504 of the Rehabilitation Act
of 1973. This shall include collection and maintenance of data on
the race, sex, disability, and national origin of Grantee's
membership/ownership and employees. These data must be available to
Grantor in its conduct of Civil Rights Compliance Reviews, which
will be conducted prior to grant closing and 3 years later, unless
the final disbursement of grant funds has occurred prior to that
date.
(4) Financial Management Systems
A. Grantee will provide a financial management system in
accordance with 7 CFR part 3015, including but not limited to:
(1) Records that identify adequately the source and application
of funds for grant-supported activities. Those records shall contain
information pertaining to grant awards and authorizations,
obligations, unobligated balances, assets, liabilities, outlays, and
income;
(2) Effective control over and accountability for all funds,
property, and other assets. Grantees shall adequately safeguard all
such assets and ensure that they are used solely for authorized
purposes;
(3) Accounting records prepared in accordance with generally
acceptable accounting principles (GAAP) or with principles that are
generally required by commercial agriculture lenders and supported
by source documentation; and
(4) Grantee tracking of fund usage and records that show
matching funds and grant funds are used in equal proportions.
Grantee will provide verifiable documentation regarding matching
funds usage, i.e., bank statements or copies of funding obligations
from the matching source.
B. Grantee will retain financial records, supporting documents,
statistical records, and all other records pertinent to the grant
for a period of at least 3 years after completion of grant
activities, except that the records shall be retained beyond the 3-
year period if audit findings have not been resolved or if directed
by the United States. Grantor and the Comptroller General of the
United States, or any of their duly authorized representatives,
shall have access to any books, documents, papers, and records of
Grantee which are pertinent to the grant for the purpose of making
audits, examinations, excerpts, and transcripts.
(5) Procurement
Grantee will comply with the applicable procurement requirements
of 7 CFR part 3015 regarding standards of conduct, open and free
competition, access to contractor records, and equal employment
opportunity requirements.
(6) Monitoring and Reporting
A. After grant approval through project completion, the Grantee
shall:
1. Constantly monitor performance to ensure that time schedules
are being met and projected goals by time periods are being
accomplished.
2. Submit semiannual performance reports to Grantor. Each report
shall describe current progress and identify any problems, delays,
or adverse conditions, if any, which have affected or will affect
attainment of overall project objectives or prevent meeting time
frame for completion of the feasibility study within two years. This
disclosure shall be accompanied by a statement of the action taken
or planned to resolve the situation.
B. Following completion of the feasibility study, Grantee shall
submit to the Grantor:
1. the project feasibility study and SF-270, ``Request for
Advance or Reimbursement,'' when the feasibility study has been
completed; and
2. A final SF-425, ``Federal Financial Report,'' and a final
performance report within 90 days of the completion of the
feasibility study. When submitting the final SF-425, Grantee must
submit sufficient documentation, including invoices, to allow
Grantor to verify that the project was completed within the total
sums available to it, including the grant and matching funds, in
accordance with the work plan and any necessary modifications
thereof prepared by Grantee and approved by Grantor; and
C. Beginning the first full year after the feasibility study has
been completed, Grantee shall report to Grantor annually for 2 years
on the following:
(1) Is the renewable energy system project for which the
feasibility study was conducted underway as a result of the
feasibility findings? If `yes,' describe how far along the renewable
energy system project is (e.g., financing has been secured, site has
been secured, construction contracts are in place, project
completed).
(2) If the renewable energy system project is complete, what is
the actual amount of energy being produced?
D. Other reports. For clarification purposes, the Grantor may
request any additional project and/or performance data for the
project for which grant funds have been received.
E. Records access. Grantee shall allow Grantor access to the
records and performance information obtained under the scope of the
project including those required to be maintained after project
completion.
(7) Fund Disbursement
Grant funds will be expended on a pro rata basis with matching
funds.
A. Grantee may submit requests for reimbursement monthly or more
frequently if authorized to do so by the Agency. Ordinarily, Grantor
will make payment within 30 days after receipt of a proper request
for reimbursement.
B. Grantee shall not request reimbursement for the Federal share
of amounts withheld from contractors to ensure satisfactory
completion of work until after it makes those payments.
C. Payment shall be made by electronic funds transfer.
D. A SF-270, ``Request for Advance or Reimbursement,'' must be
completed by Grantee and submitted to the Agency at the completion
of the feasibility study.
E. Grantor will disburse grant funds to Grantee in accordance
with the above through 90 percent of grant disbursement. Grantor
will hold 10 percent of grant funds until Grantee has submitted a
feasibility study acceptable to Grantor.
(8) Use of Remaining Grant Funds
Grant funds not expended within 24 months from date of this
agreement will be
[[Page 47535]]
cancelled by the Agency. Prior to the actual cancellation, the
Agency will notify, in writing, the Grantee of the Agency's intent
to cancel the remaining funds.
In witness whereof, Grantee has this day authorized and caused
this Agreement to be signed in its name and its corporate seal to be
hereunto affixed and attested by its duly authorized officers
thereunto, and Grantor has caused this Agreement to be duly executed
in its behalf by:
GRANTEE
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Name:------------------------------------------------------------------
Title:-----------------------------------------------------------------
GRANTOR
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Date-------------------------------------------------------------------
United States of America Rural Development
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[FR Doc. 2010-19335 Filed 8-5-10; 8:45 am]
BILLING CODE 3410-XY-P