[Federal Register Volume 84, Number 76 (Friday, April 19, 2019)]
[Notices]
[Pages 16472-16477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07894]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Impact Aid Discretionary 
Construction Grant Program

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Notice.

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SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for fiscal year (FY) 2019 for the Impact Aid 
Discretionary Construction Grant Program, Catalog of Federal Domestic 
Assistance (CFDA) number 84.041C. This notice relates to the approved 
information collection under OMB control number 1810-0657.

DATES: 

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    Applications Available: April 19, 2019.
    Deadline for Transmittal of Applications: June 11, 2019.
    Deadline for Intergovernmental Review: August 12, 2019.

FOR FURTHER INFORMATION CONTACT: Jacqueline Edwards, Impact Aid 
Program, U.S. Department of Education, 400 Maryland Avenue SW, Room 
3C121, Washington, DC 20202-6244. Telephone: 202-260-3858. Email: 
[email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: 

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 local educational agencies (LEAs) that 
receive Impact Aid formula funds.
    Priority: In accordance with 34 CFR 75.105(b)(2)(ii) and (iv), this 
priority is from section 7007(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 2019 and any subsequent year in which we 
make awards from the list of unfunded applications from this 
competition, this priority is an absolute priority. Under 34 CFR 
75.105(c)(3) we consider only applications that meet this priority and 
otherwise follow the applicable funding provisions in 34 CFR 222.189.
    This priority is:
    Emergency Repair Grants.
    An LEA is eligible to be considered for an emergency grant under 
this priority if it--
    (a) Is eligible to receive formula construction funds for the 
fiscal year under section 7007(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 7003(b)(2) of the Act (20 U.S.C. 
7707(b)(2)); and
    (c) Has a school facility emergency that the Secretary has 
determined, consistent with 34 CFR 222.172(a) and 222.173, poses a 
health or safety hazard to students and school personnel.
    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, 82, 84, 97, 98, and 99. (b) The 
Office of Management and Budget Guidelines to Agencies on 
Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 
180, as adopted and amended as regulations of the Department in 2 CFR 
part 3485. (c) The Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards in 2 CFR part 
200, as adopted and amended as regulations of the Department in 2 CFR 
part 3474. (d) The regulations for this program in 34 CFR part 222.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $17,400,000.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in subsequent years from 
the list of unfunded applications from this competition.
    Estimated Range of Awards: $60,000-$6,000,000.
    Estimated Average Size of Awards: $2,175,000.
    Estimated Number of Awards: 8.

    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 it. We will specify this period in the Grant Award 
Notification (GAN).

III. Eligibility Information

    1. Eligible Applicants: An LEA is eligible to apply for an 
emergency grant under the absolute priority if it--
    (a) Is eligible to receive formula construction funds for the 
fiscal year under section 7007(a) of the Act (20 U.S.C. 7707(a)) 
because it enrolls a high percentage (at least 50 percent) of federally 
connected children in average daily attendance (ADA) who either reside 
on Indian lands or who have a parent on active duty in the U.S. 
uniformed services;
    (b)(1) Has no practical capacity to issue bonds (as defined in 34 
CFR 222.176);
    (2) Has minimal capacity to issue bonds (as defined in 34 CFR 
222.176) 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 7003(b)(2) of the Act (20 U.S.C. 
7703(b)(2)); and
    (c) Has a school facility emergency that the Secretary has 
determined, consistent with 34 CFR 222.172(a) and 222.173, poses a 
health or safety hazard to students and school personnel.
    2. a. Cost Sharing or Matching: In reviewing proposed awards, the 
Secretary considers the funds available to the grantee from other 
sources, including local, State, and other Federal funds. See 20 U.S.C. 
7707(b)(5)(A)(iii) and 34 CFR 222.174 and 222.191 through 222.193. 
Consistent with 34 CFR 222.192, an applicant will be required to submit 
its most recently available audited financial reports for three 
consecutive fiscal years, showing closing balances for all school 
funds. If significant balances (as detailed in 34 CFR 222.192) are 
available at the close of the applicant's FY 2018, or its most recently 
audited year, that are not obligated for other purposes, those funds 
will be considered available for the proposed emergency repair project. 
Available balances may reduce the amount of funds that may be awarded 
or eliminate the applicant's eligibility for an emergency grant award 
under this competition.
    b. Supplement-Not-Supplant: This competition involves supplement-
not-supplant funding requirements. As outlined in 34 CFR 222.174, grant 
funds under this competition may not be used to supplant or replace 
other available non-Federal construction money.
    3. Subgrantees: A grantee under this competition may not award 
subgrants to entities to directly carry out project activities 
described in its application.

IV. Application and Submission Information

    1. Address To Request Application Package: You can obtain an 
electronic application via the internet at: www.G5.gov. For assistance, 
please contact Jacqueline Edwards, Impact Aid Program, U.S. Department 
of Education, 400 Maryland Avenue SW, Room 3C121, Washington, DC 20202-
6244. Telephone: (202) 260-3858. Email: [email protected].
    If you use a TDD or a TTY, call the 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 compact disc) by contacting the person listed under FOR FURTHER 
INFORMATION CONTACT.
    2. Content and Form of Application Submission: Requirements 
concerning the content and form of an application, together with the 
forms you must

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submit, are in the application package for this competition.
    3. Submission Dates and Times:
    Applications Available: April 19, 2019.
    Deadline for Transmittal of Applications: June 11, 2019.
    Applications for grants under this competition must be submitted 
electronically using G5, the Department's grant management system, 
accessible through the Department's G5 site. For information (including 
dates and times) about how to submit your application electronically, 
or in paper format by mail or hand delivery if you qualify for an 
exception to the electronic submission requirement, please refer to 
Other Submission Requirements in section IV of this notice.
    We do not consider an application that does not comply with the 
deadline requirements.
    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. If the 
Department provides an accommodation or auxiliary aid to an individual 
with a disability in connection with the application process, the 
individual's application remains subject to all other requirements and 
limitations in this notice. Deadline for Intergovernmental Review: 
August 10, 2019.
    4. Intergovernmental Review: This competition 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 
competition.
    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 the total amount of grant funds may not 
exceed $4 million during any four-year period. See 34 CFR 222.193. For 
example, an LEA that is awarded $4 million in the first year may not 
receive any additional funds for the following three years. Applicants 
may submit only one application for one educational facility as 
provided by 34 CFR 222.183. If an applicant submits more than one 
application, the Department will consider only the first submission, as 
determined by the G5 e-application system. 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 the project for a selected 
facility 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. Data Universal Numbering System Number, Taxpayer Identification 
Number, and System for Award Management: To do business with the 
Department of Education, you must--
    a. Have a Data Universal Numbering System (DUNS) number and a 
Taxpayer Identification Number (TIN);
    b. Register both your DUNS number and TIN with the System for Award 
Management (SAM), the Government's primary registrant database;
    c. Provide your DUNS number and TIN on your application; and
    d. Maintain an active SAM registration with current information 
while your application is under review by the Department and, if you 
are awarded a grant, during the project period.
    You can obtain a DUNS number from Dun and Bradstreet at the 
following website: http://fedgov.dnb.com/webform. A DUNS number can be 
created within one to two business days.
    If you are a corporate entity, agency, institution, or 
organization, you can obtain a TIN from the Internal Revenue Service. 
If you are an individual, you can obtain a TIN from the Internal 
Revenue Service or the Social Security Administration. If you need a 
new TIN, please allow two to five weeks for your TIN to become active.
    The SAM registration process can take approximately seven business 
days, but may take upwards of several weeks, depending on the 
completeness and accuracy of the data you enter into the SAM database. 
Thus, if you think you might want to apply for Federal financial 
assistance under a program administered by the Department, please allow 
sufficient time to obtain and register your DUNS number and TIN. We 
strongly recommend that you register early.
    Note: Once your SAM registration is active, it may be 24 to 48 
hours before you can access the information in, and submit an 
application through, Grants.gov.
    If you are currently registered with SAM, you may not need to make 
any changes. However, please make certain that the TIN associated with 
your DUNS number is correct. Also note that you will need to update 
your registration annually. This may take three or more business days.
    Information about SAM is available at www.SAM.gov. To further 
assist you with obtaining and registering your DUNS number and TIN in 
SAM or updating your existing SAM account, we have prepared a SAM.gov 
Tip Sheet, which you can find at: http://www2.ed.gov/fund/grant/apply/sam-faqs.html.
    7. 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 G5 system, accessible through the Department's 
G5 site at: www.G5.gov. While completing your electronic application, 
you will be entering data online that will be saved into a database. 
You may not email an electronic copy of a grant application to us.
    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.
    Please note the following:
     You must complete the electronic submission of your grant 
application by midnight, Eastern Time, on the application deadline 
date. G5 will not accept an application for this competition after 
11:59:59 p.m., Eastern 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 hours of operation of the G5 website are 6:00 a.m. 
Monday until 9:00 p.m. Wednesday; and 6:00 a.m. Thursday until 3:00 
p.m. Sunday, Eastern Time. Please note that, because of maintenance, 
the system is unavailable between 3:00 p.m. on Sundays and 6:00 a.m. on 
Mondays, and

[[Page 16475]]

between 9:00 p.m. on Wednesdays and 6:00 a.m. on Thursdays, Eastern 
Time. Any modifications to these hours are posted on the G5 website.
     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 
7007(b) and all necessary signature pages.
     When you submit your application electronically, you must 
upload any narrative sections and all other attachments to your 
application as files in either Portable Document Format (PDF) or 
Microsoft Word. Although applicants have the option of uploading any 
narrative sections and all other attachments to their application in 
either PDF or Microsoft Word, we recommend applicants submit all 
documents as read-only flattened PDFs, meaning any fillable PDF files 
must be saved and submitted as non-fillable PDF files and not as 
interactive or fillable PDF files, to better ensure applications are 
processed in a more timely, accurate, and efficient manner. If you 
choose to submit your application in Microsoft Word, you may do so 
using any version of Microsoft Word (i.e., a document ending in a .doc 
or .docx extension). If you upload a file type other than PDF or 
Microsoft Word or if you submit a password-protected file, we will be 
unable to review that material. Please note that this will likely 
result in your application not being considered for funding. The 
Department will not convert material from other formats to PDF or 
Microsoft Word.
     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 unique PR/Award 
number for your application.
     By the application deadline date, you must email to the 
Impact Aid Program a signed copy of the cover page and the independent 
emergency certification form for the Application for Discretionary 
Construction Program under Section 7007(b) after following these steps:
    (1) Print a copy of the application from G5 for your records.
    (2) The applicant's Authorizing Representative must sign and date 
the cover page. The local certifying official must sign the 
certification for an emergency application. These forms must be 
submitted by the application deadline in order to be considered for 
funding under this program.
    (3) Place the PR/Award number in the upper, right-hand corner of 
the hard-copy signed cover page of the application.
    (4) Email the signed cover page and independent emergency 
certification to the Impact Aid Program at [email protected]. These 
forms must be submitted before midnight, Eastern Time, of the 
application deadline in order to be considered for funding under this 
program.
     We may request that you provide us original signatures on 
other forms at a later date.
    Application Deadline Date Extension in Case of G5 System 
Unavailability: If you are prevented from electronically submitting 
your application on the application deadline date because the G5 system 
is unavailable, we will grant you an extension until midnight, Eastern 
Time, the following 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 the G5 system and you have 
initiated an electronic application for this competition; and
    (2) (a) G5 is unavailable for 60 minutes or more between the hours 
of 8:30 a.m. and 11:00 p.m., Eastern Time, on the application deadline 
date; or
    (b) G5 is unavailable for any period of time between 11:00 p.m. and 
midnight, Eastern 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 under FOR FURTHER INFORMATION 
CONTACT or (2) the G5 help desk at 1-888-336-8930. If G5 is unavailable 
due to technical problems with the system and, therefore, the 
application deadline is extended, an email will be sent to all 
registered users who have initiated a G5 application. Extensions 
referred to in this section apply only to the unavailability of the G5 
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 G5 system because--
     You do not have access to the internet; or
     You do not have the capacity to upload large documents to 
G5;
    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 a written statement to the 
Department, explaining which of the two grounds for an exception 
prevents 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.
    Address and mail your statement to: Jacqueline Edwards, Impact Aid 
Program, U.S. Department of Education, 400 Maryland Avenue SW, Room 
3C121, Washington, DC 20202-6244. Telephone: 202-260-3858.
    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 3C121, 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.
    (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.
    (2) A mail receipt that is not dated by the U.S. Postal Service.
    Note: The U.S. Postal Service does not uniformly provide a dated 
postmark.

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Before relying on this method, you should check with your local post 
office.
    We will not consider applications postmarked after the application 
deadline date.
    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 3C121, 400 Maryland Avenue SW, Washington, DC 
20202-6244.
    The Impact Aid Program accepts hand deliveries daily between 8:00 
a.m. and 4:30 p.m., Eastern Time, except Saturdays, Sundays, and 
Federal holidays.
    Note for Mail or Paper Applications: If you mail 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 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: Consistent with 34 CFR 75.209, the selection 
criteria for this competition are from the applicable statutory and 
regulatory provisions as indicated after each criterion. 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.
    (a) Severity of the school facility problem to be addressed by the 
proposed project (34 CFR 222.189(a)(1)) (30 points).
    (i) Justification that the proposed emergency project will address 
a deficiency that poses a health or safety hazard to occupants of the 
facility, and consistency of the emergency description and the proposed 
project with the certifying local official's statement (34 CFR 
222.185(a) and (c)) (15 points).
    (ii) Impact of the emergency condition on the health and safety of 
the building occupants and how free public education program delivery 
in the instructional school facility is adversely affected (34 CFR 
222.172, 222.173, 222.176, and 222.185(b)). 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 (15 points).
    (b) Project urgency (28 points).
    (i) Risk to occupants if the facility condition is not addressed 
(34 CFR 222.176, definition of ``emergency''). 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.
    (ii) The justification for rebuilding, if proposed (34 CFR 
222.172(c)).
    (c) Effects of Federal presence (section 7007(b)(4)(B) and (C) and 
34 CFR 222.184(b)) (30 points).
    (i) Amount of non-taxable Federal property in the applicant LEA 
(percentage of Federal property divided by 10) (10 points).
    (ii) The number of federally connected children identified in 
section 7003(a)(1)(A), (B), (C), and (D) of the Act in the LEA 
(percentage of identified children in LEA divided by 10) (10 points).
    (iii) The number of federally connected children identified in 
section 7003(a)(1)(A), (B), (C), and (D) of the Act in the school 
facility (percentage of identified children in school facility divided 
by 10) (10 points).
    (d) Ability to respond or pay (section 7007(b)(4)(A)) (12 points).
    (i) The percentage of its bonding capacity used by the LEA. Four 
points will be distributed based on this percentage such that: Four 
points will be given to an LEA that has used 75 percent or more of its 
bonding capacity; three points will be given to an LEA that has used 50 
percent to 74 percent of its bonding capacity; two points will be given 
to an LEA that has used 25 percent to 49 percent of its bonding 
capacity; and one point will be given to an LEA that has used less than 
25 percent of its bond limit. 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 (4 points).
    (ii) 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 (4 points).
    (iii) 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 (4 points).
    2. Review and Selection Process: (a) We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
requires various assurances including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).
    (b) 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. Applications that 
do not include a signed cover page and a signed independent emergency 
certification submitted by email before midnight, Eastern Time, on the 
application deadline are considered incomplete and will not be 
considered for funding. Program staff will also calculate the scores 
for each application under criteria (c) and (d). Panel reviewers will 
assess the applications under criteria (a) and (b).
    (c) 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.

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    (d) Applicants may submit only one application for one educational 
facility. If an applicant submits multiple applications, the Department 
will only consider the first sequentially submitted application, as 
provided under 34 CFR 222.183.
    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.205, before awarding grants under this program the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
3474.10, the Secretary may impose specific conditions and, in 
appropriate circumstances, high-risk conditions on a grant if the 
applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a financial or other management system 
that does not meet the standards in 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    4. Integrity and Performance System: If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$250,000), under 2 CFR 200.205(a)(2) we must make a judgment about your 
integrity, business ethics, and record of performance under Federal 
awards--that is, the risk posed by you as an applicant--before we make 
an award. In doing so, we must consider any information about you that 
is in the integrity and performance system (currently referred to as 
the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through SAM. You may review and comment on any 
information about yourself that a Federal agency previously entered and 
that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.

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 GAN; or we may 
send you an email containing a link to access an electronic version of 
your 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. Open Licensing Requirements: Unless an exception applies, if you 
are awarded a grant under this competition, you will be required to 
openly license to the public grant deliverables created in whole, or in 
part, with Department grant funds. When the deliverable consists of 
modifications to pre-existing works, the license extends only to those 
modifications that can be separately identified and only to the extent 
that open licensing is permitted under the terms of any licenses or 
other legal restrictions on the use of pre-existing works. 
Additionally, a grantee or subgrantee that is awarded competitive grant 
funds must have a plan to disseminate these public grant deliverables. 
This dissemination plan can be developed and submitted after your 
application has been reviewed and selected for funding. For additional 
information on the open licensing requirements please refer to 2 CFR 
3474.20(c).
    4. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) 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 multiyear 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. The Secretary may also require more frequent performance 
reports under 34 CFR 75.720(c). For specific requirements on reporting, 
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
    5. 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 7003 Basic Support Payments.
    6. Feasibility Study: For applicants that request funding for new 
construction and that are selected for funding, the Department will 
require a feasibility of construction study prior to making an award 
determination. This independent third-party study must demonstrate that 
the chosen construction site is viable and the infrastructure will be 
able to sustain the new facility or addition.

VII. 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 compact disc) on request to 
the program contact person listed under FOR FURTHER INFORMATION 
CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site you can view this 
document, as well as all other documents of this Department published 
in the Federal Register, in text or PDF. To use PDF you must have Adobe 
Acrobat Reader, which is available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

Frank T. Brogan,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2019-07894 Filed 4-18-19; 8:45 am]
 BILLING CODE 4000-01-P