[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Notices]
[Pages 15995-15998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05235]
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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) 2023 for the Impact Aid
Discretionary Construction Grant Program, Assistance Listing Number
84.041C. This notice relates to the approved information collection
under OMB control number 1810-0657.
DATES:
Applications Available: March 15, 2023.
Date of Pre-Application Webinar: The Department will hold a pre-
application meeting via webinar for prospective applicants on March 22,
2023.
Deadline for Transmittal of Applications: May 15, 2023.
Deadline for Intergovernmental Review: July 13, 2023.
ADDRESSES: For the addresses for obtaining and submitting an
application, please refer to our Common Instructions for Applicants to
Department of Education Discretionary Grant Programs, published in the
Federal Register on December 7, 2022 (87 FR 75045), and available at
https://www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs. Please note that these Common Instructions supersede
the version published on December 27, 2021.
FOR FURTHER INFORMATION CONTACT: Jacqueline Edwards, Impact Aid
Program, U.S. Department of Education, 400 Maryland Avenue SW, Room
3C137, Washington, DC 20202-6244. Telephone: 202-260-3858. Email:
[email protected].
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
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.
Background: The Impact Aid Discretionary Construction Grant Program
provides grants to eligible Impact Aid LEAs to assist in addressing
their school facility emergency and modernization needs. The eligible
Impact Aid LEAs have a limited ability to raise local revenue for
capital improvements because they have large areas of Federal land
within their boundaries. As a result, these districts face difficulties
in responding when their school facilities are in need of emergency
repairs.
The Department recognizes that students, and the school districts
that support them, need safe facilities to learn. School facility
emergencies that are consistent with 34 CFR 222.172(a) and 222.173 may
be proposed. Funded Impact Aid emergency repair grants will be used to
repair, renovate, or alter a public elementary or secondary school
facility to ensure the health, safety, and well-being of students and
school personnel.
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 2023 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).
Note: Projects will be awarded and must be operated in a manner
consistent with the nondiscrimination requirements contained in Federal
civil rights laws.
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: $18,406,000.
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: $2,300,000.
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).
[[Page 15996]]
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 3 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 2023, 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.
c. Administrative Cost Limitation: This program does not include
any program-specific limitation on administrative expenses. All
administrative expenses must be reasonable and necessary and conform to
Cost Principles described in 2 CFR part 200 subpart E of the Uniform
Guidance.
3. Subgrantees: A grantee under this competition may not award
subgrants to entities to directly carry out project activities
described in its application.
4. Build America, Buy America Act: This program is subject to the
Build America, Buy America Act (Pub. L. 117-58) domestic sourcing
requirements. Accordingly, under this program, grantees and contractors
may not use their grant funds for infrastructure projects or activities
(e.g., construction, remodeling, and broadband infrastructure) unless--
(a) All iron and steel used in the infrastructure project or
activity are produced in the United States;
(b) All manufactured products used in the infrastructure project or
activity are produced in the United States; and
(c) All construction materials are manufactured in the United
States.
Grantees may request waivers to these requirements by submitting a
Build America, Buy America Act Waiver Request Form. For more
information, including a link to the Waiver Request Form, see the
Department's Build America Buy America Waiver website at: https://www2.ed.gov/policy/fund/guid/buy-america/index.html.
IV. Application and Submission Information
1. Application Submission Instructions: Applicants are required to
follow the Common Instructions for Applicants to Department of
Education Discretionary Grant Programs, published in the Federal
Register on December 7, 2022 (87 FR 75045), and available at https://www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs, which contain requirements and information on how to
submit an application. Please note that these Common Instructions
supersede the version published on December 27, 2021.
2. 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.
3. 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 4-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 3 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 last submission, as determined by the
Grants.gov system, unless an applicant contacts the Department prior to
the closing date to indicate a different submission should be the
single submission considered for that entity. 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.
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)) (Up to 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)) (Up to 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
[[Page 15997]]
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 (Up to 15
points).
(b) Project urgency (Up to 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 (Up to 14 points).
(ii) The justification for rebuilding, if proposed (34 CFR
222.172(c)) (Up to 14 points).
(c) Effects of Federal presence (section 7007(b)(4)(B) and (C) of
the Act and 34 CFR 222.184(b)) (Up to 30 points).
(i) Amount of non-taxable Federal property in the applicant LEA
(percentage of Federal property divided by 10) (Up to 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) (Up to 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) (Up to 10 points).
(d) Ability to respond or pay (section 7007(b)(4)(A) of the Act)
(Up to 12 points).
(i) The percentage of its bonding capacity used by the LEA. Four
points will be distributed based on this percentage, such that: 4
points will be given to an LEA that has used 75 percent or more of its
bonding capacity; 3 points will be given to an LEA that has used 50
percent to 74 percent of its bonding capacity; 2 points will be given
to an LEA that has used 25 percent to 49 percent of its bonding
capacity; and 1 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 4 points (Up to 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 4 points to LEAs in the State's poorest quartile and only
1 point to LEAs in the State's wealthiest quartile (Up to 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 4 points to LEAs in the State's highest-
taxing quartile and only 1 point to LEAs in the State's lowest-taxing
quartile (Up to 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 independent emergency certification 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.
3. Risk Assessment and Specific Conditions: Consistent with 2 CFR
200.206, before awarding grants under this competition the Department
conducts a review of the risks posed by applicants. Under 2 CFR
200.208, the Secretary may impose specific conditions and, under 2 CFR
3474.10, 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 200.206(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 the System for Award Management. 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.
5. In General: In accordance with the Office of Management and
Budget's guidance located at 2 CFR part 200, all applicable Federal
laws, and relevant Executive guidance, the Department will review and
consider applications for funding pursuant to this notice inviting
applications in accordance with:
(a) Selecting recipients most likely to be successful in delivering
results based on the program objectives through an objective process of
evaluating Federal award applications (2 CFR 200.205);
(b) Prohibiting the purchase of certain telecommunication and video
surveillance services or equipment in alignment with section 889 of the
National Defense Authorization Act of 2019 (Pub. L. 115-232) (2 CFR
200.216);
(c) Providing a preference, to the extent permitted by law, to
maximize
[[Page 15998]]
use of goods, products, and materials produced in the United States (2
CFR 200.322); and
(d) Terminating agreements in whole or in part to the greatest
extent authorized by law if an award no longer effectuates the program
goals or agency priorities (2 CFR 200.340).
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.
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 year
over year. Data for this measure will be reported to the Department on
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. 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.
7. Continuation Awards: In making a continuation award under 34 CFR
75.253, the Secretary considers, among other things: whether a grantee
has made substantial progress in achieving the goals and objectives of
the project; whether the grantee has expended funds in a manner that is
consistent with its approved application and budget; and, if the
Secretary has established performance measurement requirements, whether
the grantee has made substantial progress in achieving the performance
targets in the grantee's approved application.
In making a continuation award, the Secretary also considers
whether the grantee is operating in compliance with the assurances in
its approved application, 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).
VII. Other Information
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document and a copy of the application package in an
accessible format. The Department will provide the requestor with an
accessible format that may include Rich Text Format (RTF) or text
format (txt), a thumb drive, an MP3 file, braille, large print,
audiotape, or compact disc, or other accessible format.
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 Portable Document Format (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.
James F. Lane,
Senior Advisor, Office of the Secretary, Delegated the Authority to
Perform the Functions and Duties of the Assistant Secretary, Office of
Elementary and Secondary Education.
[FR Doc. 2023-05235 Filed 3-14-23; 8:45 am]
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