Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices 41407 

DEPARTMENT OF EDUCATION 

Office of Elementary and Secondary 

Education; Overview Information; 

Impact Aid Program—American 

Recovery and Reinvestment Act of 

2009—Impact Aid Discretionary 

Construction Program; Notice Inviting 

Applications for New Awards under the 

American Recovery and Reinvestment 

Act of 2009 

Catalog of Federal Domestic 

Assistance (CFDA) Number: 84.401. 

Dates: 

Applications Available: August 17, 

2009. 

Deadline for Transmittal of 

Applications: October 1, 2009. 

Deadline for Intergovernmental 

Review: November 30, 2009. 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: To provide 

grants for emergency repairs and 

modernization of school facilities to 

certain local educational agencies 

(LEAs) that submitted timely 

applications eligible for funding under 

either section 8002 (Payments for 

Federal Property) or section 8003 (Basic 

Support Payments) of the Elementary 

and Secondary Education Act of 1965, 

as amended (ESEA), for FY 2008. Funds 

awarded under this competition are 

appropriated under the American 

Recovery and Reinvestment Act of 2009, 

Public Law 111–5 (ARRA). 

Priorities: In this notice, the Secretary 

is establishing two priorities for the 

ARRA Impact Aid Discretionary 

Construction Program grant 

competition. Competitive Preference 

Priority 1 is from section 805(b)(2)(A) of 

the ARRA. Competitive Preference 

Priority 2 is being established in 

accordance with section 437(d)(1) of the 

General Education Provisions Act 

(GEPA), 20 U.S.C. 1232(d)(1). 

Competitive Preference Priorities: 

These priorities are competitive 

preference priorities. Under 34 CFR 

75.105(c)(2)(i), we will award an 

additional 5 points to emergency repair 

applications and up to 2 points for 

projects that are projected to be 

completed within 24 months of 

receiving awards. 

These priorities are: 

Competitive Preference Priority 1. 

Projects that propose emergency repairs 

of school facilities will be awarded 5 

points. 

Competitive Preference Priority 2. 

Emergency or modernization projects 

that are projected to be completed 

within 24 months of receiving awards. 

The Secretary will award 2 points to 

applications for projects with proposed, 

feasible completion dates within 12 

months of the time of award. The 

Secretary will allocate 1 point to 

applications for projects with proposed, 

feasible completion dates between 12 

and 24 months from the time of award. 

Point allocations will be based on the 

project periods provided in the 

applications, subject to feasibility 

verification by panel reviewers. Section 

805(b)(5)(D) of the ARRA provides for 

the Secretary to consider: ‘‘The 

feasibility of project completion within 

24 months from award’’ in reviewing 

applications for grants under this 

program. 

Waiver of Proposed Rulemaking: 

Under the Administrative Procedure Act 

(5 U.S.C. 553), the Department generally 

offers interested parties the opportunity 

to comment on proposed priorities. 

Section 437(d)(1) of GEPA, however, 

allows the Secretary to exempt from 

rulemaking requirements, regulations 

governing the first grant competition 

under a new or substantially revised 

program authority. This is the first grant 

competition for this program under 

section 8007(b) of the Impact Aid 

Program (Title VIII of the ESEA) and the 

ARRA and therefore qualifies for this 

exemption. In order to ensure timely 

grant awards, the Secretary has decided 

to forego public comment on 

Competitive Preference Priority 2 under 

section 437(d)(1) of GEPA. This priority 

will apply to the ARRA Impact Aid 

Discretionary Construction Program 

grant competition only. 

Program Authority: 20 U.S.C. 7707(b); 

Division A, Title VIII of the American 

Recovery and Reinvestment Act of 2009, 

Public Law 111–5. 

Applicable Regulations: (a) The 

Education Department General 

Administrative Regulations (EDGAR) in 

34 CFR parts 75 (except for 34 CFR 

75.600 through 75.617), 77, 79, 80, 82, 

84, 85, 97, 98, and 99. (b) The 

regulations for this program in 34 CFR 

part 222, except for the regulations in 34 

CFR 222.170–171, 222.177–184, 

222.188–189, and 222.193–195(a). 

Note: The regulations in 34 CFR part 79 

apply to all applicants except Federally 

recognized Indian Tribes. 

II. Award Information 

Type of Award: Discretionary grant. 

Estimated Available Funds: 

$59,400,000. 

Estimated Range of Awards: $50,000– 

$5,000,000. 

Estimated Average Size of Awards: 

$2,500,000. 

Estimated Number of Awards: 24. 

Note: The Department is not bound by any 

estimates in this notice. 

Project Period: Up to 36 months. We 

will determine each project period 

based on the nature of the project 

proposed and the time needed to 

complete the project. We will specify 

this period in the Grant Award 

Notification. 

III. Eligibility Information 

1. Eligible Applicants: Under Section 

8005(b)(4) of the Recovery Act, an LEA 

is eligible to receive a grant under this 

competition if the LEA timely submitted 

an application eligible for funding 

under either Section 8002 (Payments for 

Federal Property) or Section 8003 (Basic 

Support Payments) for FY 2008; and has 

a total assessed value of real property 

available that may be taxed for school 

purposes (referred to hereinafter as 

assessed value) of less than $100 million 

or has an average assessed value per 

pupil that is less than the State average 

assessed value per pupil. Applicants 

may submit only one application for one 

facility within the LEA. 

2. a. Cost Sharing or Matching: See 20 

U.S.C. 7707(b)(5) and 34 CFR 222.174, 

222.191, and 222.192. Under section 

805(b)(5)(E) of the ARRA, in reviewing 

proposed awards, the Secretary 

considers the funds available to the 

grantee from other sources, including 

local, State, and other Federal funds. 

Consistent with 34 CFR 222.192, 

applicants will be required to submit 

financial reports for FYs 2007, 2008, 

and 2009, showing closing balances for 

all school funds. If satisfactory data are 

not available for these years, the 

Secretary uses data from the most recent 

three consecutive fiscal years for which 

data that are satisfactory to the Secretary 

are available. If funds are available at 

the close of FY 2009 or the most recent 

fiscal year available that are not 

obligated for capital purposes, those 

funds will be considered as available for 

the proposed project, which may reduce 

or eliminate the award. 

b. Supplement-Not-Supplant: As 

outlined in 34 CFR 222.174, grants 

made under this program are subject to 

supplement, not supplant funding 

provisions. Grant funds under this 

program may not be used to supplant or 

replace other available non-Federal 

construction money. 

IV. Application and Submission 

Information 

1. Address to Request Application 

Package: An electronic application is 

available at: http://e-grants.ed.gov. For 

assistance, please contact Kristen WallsRivas, Impact Aid Program, U.S. 

Department of Education, 400 Maryland 

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41408 Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices 

Avenue, SW., room 3C155, Washington, 

DC 20202–6244. FAX: 1–866–799–1272. 

If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Relay Service (FRS), toll free, at 

1–800–877–8339. 

Individuals with disabilities can 

obtain a copy of the application package 

in an accessible format (e.g., braille, 

large print, audiotape, or compact disc) 

by contacting the person or team listed 

under Accessible Format in section VIII 

of this notice. 

2. Content and Form of Application 

Submission: Requirements concerning 

the content of an application, together 

with the forms you must submit, are in 

the application package for this 

program. Applicants must complete and 

submit all forms contained in the 

application package in order to be 

considered for funding under this 

program. Applicants may submit only 

one application for one facility within 

the LEA. 

Page Limit: There is a three-page limit 

for the project narratives for the 

emergency and modernization 

applications. There is a two-page limit 

for the justification for rebuilding. All 

narratives must be double spaced in 12- 

point font. Applications that exceed the 

page limit or are not in the proper 

format will be rejected. 

3. Submission Dates and Times: 

Applications Available: August 17, 

2009. 

Deadline for Transmittal of 

Applications: October 1, 2009. 

We will 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 in section VII of this notice. 

Deadline for Intergovernmental 

Review: November 30, 2009. 

4. Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. Information about 

Intergovernmental Review of Federal 

Programs under Executive Order 12372 

is in the application package for this 

program. 

5. Funding Restrictions: Applicants 

may submit only one application for one 

facility within the LEA. The Department 

may elect not to fund an application for 

an LEA based on factors specified in 34 

CFR 75.217, including the applicant’s 

past performance and use of funds 

under a prior award. Unallowable costs 

are specified in 34 CFR 222.173. Grant 

recipients must, in accordance with 

Federal, State and local laws, use 

emergency repair and modernization 

grants only for permissible construction 

activities at public elementary and 

secondary school facilities. The scope of 

a selected project will be identified as 

part of the final grant award conditions. 

A grantee must also ensure that its 

construction expenditures under this 

program meet the requirements of 34 

CFR 222.172 (allowable program 

activities) and 34 CFR 222.173 and 

section 1604 of the ARRA (prohibited 

activities). If applying for new 

construction, the LEA must hold title to 

the existing facility at the time of 

application. 

We reference additional regulations 

outlining funding restrictions in the 

Applicable Regulations section of this 

notice. 

6. Other Submission Requirements: 

Applications for grants under this 

competition must be submitted 

electronically unless you qualify for an 

exception to this requirement in 

accordance with the instructions in this 

section. 

a. Electronic Submission of 

Applications 

Applications for grants under the 

ARRA Impact Aid Discretionary 

Construction Grant Program, CFDA 

number 84.401, must be submitted 

electronically using e-Application, 

accessible through the Department’s eGrants system, accessible through the eGrants Web site at: http://egrants.ed.gov. 

We will reject your application if you 

submit it in paper format unless, as 

described elsewhere in this section, you 

qualify for one of the exceptions to the 

electronic submission requirement and 

submit, no later than two weeks before 

the application deadline date, a written 

statement to the Department that you 

qualify for one of these exceptions. 

Further information regarding 

calculation of the date that is two weeks 

before the application deadline date is 

provided later in this section under 

Exception to Electronic Submission 

Requirement. 

While completing your electronic 

application, you will be entering data 

online that will be saved into a 

database. You may not e-mail an 

electronic copy of a grant application to 

us. 

Please note the following: 

• You must complete the electronic 

submission of your grant application by 

4:30:00 p.m., Washington, DC time, on 

the application deadline date. EApplication will not accept an 

application for this competition after 

4:30:00 p.m., Washington, DC time, on 

the application deadline date. 

Therefore, we strongly recommend that 

you do not wait until the application 

deadline date to begin the application 

process. 

• The hours of operation of the eGrants Web site are 6:00 a.m. Monday 

until 7:00 p.m. Wednesday; and 6:00 

a.m. Thursday until 8:00 p.m. Sunday, 

Washington, DC time. Please note that, 

because of maintenance, the system is 

unavailable between 8:00 p.m. on 

Sundays and 6:00 a.m. on Mondays, and 

between 7:00 p.m. on Wednesdays and 

6:00 a.m. on Thursdays, Washington, 

DC time. Any modifications to these 

hours are posted on the e-Grants Web 

site. 

• You will not receive additional 

point value because you submit your 

application in electronic format, nor 

will we penalize you if you qualify for 

an exception to the electronic 

submission requirement, as described 

elsewhere in this section, and submit 

your application in paper format. 

• You must submit all documents 

electronically, including all information 

you typically provide on the following 

forms: the Application for the ARRA 

Impact Aid Discretionary Construction 

Program and all necessary assurances 

and certifications. Cover pages, 

assurances, and certifications may be 

sent either by facsimile or by e-mail. All 

additional narrative documents must be 

attached to the application as files in a 

.DOC (document), .RTF (rich text), or 

.PDF (Portable Document) format. If you 

upload a file type other than the three 

file types specified in this paragraph or 

submit a password protected file, we 

will not review that material. 

• Your electronic application must 

comply with any page limit 

requirements described in this notice. 

• Prior to submitting your electronic 

application, you may wish to print a 

copy of it for your records. 

• After you electronically submit 

your application, you will receive an 

automatic acknowledgment that will 

include a PR/Award number (an 

identifying number unique to your 

application). 

• After you electronically submit 

your application, fax or e-mail a signed 

copy of the cover pages, assurances, and 

the emergency certification form for the 

Application for Impact Aid 

Discretionary Construction Program— 

ARRA Grants to the Impact Aid Program 

after following these steps: 

(1) Print a copy of the application 

from e-Application for your records. 

(2) Have the applicant’s Authorized 

Representative date and sign the cover 

page and all of the assurance pages. 

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(3) Have the independent certifying 

official sign the certification for the 

application. 

(4) Place the PR/Award number in the 

upper right hand corner of the hardcopy signature page of the Application 

for the ARRA Impact Aid Discretionary 

Construction Program. 

(5) Fax or e-mail the signed cover 

page, independent official certification, 

and all assurances for the ARRA Impact 

Aid Discretionary Construction Program 

by 12:00:00 midnight, Washington, DC 

time, on the application deadline to the 

Impact Aid Program at 1–866–799–1272 

or by e-mail to Impact.Aid@ed.gov. 

• We may request that you provide us 

original signatures on other forms at a 

later date. 

Application Deadline Date Extension 

in Case of e-Application Unavailability: 

If you are prevented from electronically 

submitting your application on the 

application deadline date because eApplication is unavailable, we will 

grant you an extension of one business 

day to enable you to transmit your 

application electronically, by mail, or by 

hand delivery. We will grant this 

extension if— 

(1) You are a registered user of eApplication and you have initiated an 

electronic application for this 

competition; and 

(2)(a) E-Application is unavailable for 

60 minutes or more between the hours 

of 8:30 a.m. and 3:30 p.m., Washington, 

DC time, on the application deadline 

date; or 

(b) E-Application is unavailable for 

any period of time between 3:30 p.m. 

and 4:30:00 p.m., Washington, DC time, 

on the application deadline date. 

We must acknowledge and confirm 

these periods of unavailability before 

granting you an extension. To request 

this extension or to confirm our 

acknowledgment of any system 

unavailability, you may contact either 

(1) the person listed elsewhere in this 

notice under FOR FURTHER INFORMATION

CONTACT (see VII. Agency Contact) or (2) 

the e-Grants help desk at 1–888–336– 

8930. If E-Application is unavailable 

due to technical problems with the 

system and therefore the application 

deadline is extended, an e-mail will be 

sent to all registered users who have 

initiated an e-Application. Extensions 

referred to in this section apply only to 

the unavailability of e-Application. 

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 

e-Application because— 

• You do not have access to the 

Internet; or 

• You do not have the capacity to 

upload large documents to eApplication; and 

• No later than two weeks before the 

application deadline date (14 calendar 

days or, if the fourteenth calendar day 

before the application deadline date 

falls on a Federal holiday, the next 

business day following the Federal 

holiday), you mail or fax a written 

statement to the Department, explaining 

which of the two grounds for an 

exception prevent you from using the 

Internet to submit your application. If 

you mail your written statement to the 

Department, it must be postmarked no 

later than two weeks before the 

application deadline date. If you fax 

your written statement to the 

Department, we must receive the faxed 

statement no later than two weeks 

before the application deadline date. 

Address and mail or fax your 

statement to: Kristen Walls-Rivas, 

Impact Aid Program, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Room 3C155, Washington, DC 20202– 

6244. FAX: 1–866–799–1272. 

Your paper application must be 

submitted in accordance with the mail 

or hand delivery instructions described 

in this notice. 

b. Submission of Paper Applications by 

Mail 

If you qualify for an exception to the 

electronic submission requirement, you 

may mail (through the U.S. Postal 

Service or a commercial carrier) your 

application to the Department. You 

must mail the original and two copies 

of your application, on or before the 

application deadline date, to the 

Department at the following address: 

U.S. Department of Education, Impact 

Aid Program, Attention: (CFDA Number 

84.401), Room 3C155, 400 Maryland 

Avenue, SW., Washington, DC 20202– 

6244. 

You must show proof of mailing 

consisting of one of the following: 

(1) A legibly dated U.S. Postal Service 

postmark. 

(2) A legible mail receipt with the 

date of mailing stamped by the U.S. 

Postal Service. 

(3) A dated shipping label, invoice, or 

receipt from a commercial carrier. 

(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. 

If your application is postmarked after 

the application deadline date, we will 

not consider your application. 

Note: The U.S. Postal Service does not 

uniformly provide a dated postmark. Before 

relying on this method, you should check 

with your local post office. 

c. Submission of Paper Applications by 

Hand Delivery 

If you qualify for an exception to the 

electronic submission requirement, you 

(or a courier service) may deliver your 

paper application to the Department by 

hand. You must deliver the original and 

two copies of your application, by hand, 

on or before the application deadline 

date, to the Department at the following 

address: U.S. Department of Education, 

Impact Aid Program, Attention: (CFDA 

Number 84.401), Room 3C155, 400 

Maryland Avenue, SW., Washington, 

DC 20202–6244. 

The Impact Aid Program accepts hand 

deliveries daily between 8:00 a.m. and 

4:30:00 p.m., Washington, DC time, 

except Saturdays, Sundays, and Federal 

holidays. 

Note for Mail or Hand Delivery of Paper 

Applications: If you mail or hand deliver 

your application to the Department— 

(1) You must indicate on the envelope—if 

not provided by the Department—the CFDA 

number, including suffix letter, if any, of the 

competition under which you are submitting 

your application; and 

(2) The Impact Aid Program will mail to 

you a notification of receipt of your grant 

application. If you do not receive this grant 

notification within 15 business days from the 

application deadline date, you should call 

the U.S. Department of Education Impact Aid 

Program at (202) 260–3858. 

V. Application Review Information 

1. Selection Criteria: The selection 

criteria for this competition are from 

section 805 of the ARRA and 20 U.S.C. 

7707(b) as applicable and are further 

clarified in 34 CFR 222.185 and 222.186 

and are described in the following 

paragraphs. The Secretary gives distinct 

weight to the listed selection criteria. 

The maximum score for each criterion is 

indicated in parentheses. Within each 

criterion, the Secretary evaluates each 

factor equally, unless otherwise 

specified. The maximum score that an 

application may receive for the selection 

criteria is 100 points. 

For emergency applications, the 

criteria and weights are as follows: 

(1) Need for project/severity of the 

school facility problem to be addressed 

by the proposed project. (Up to 34 

points) 

(a) Identification of a valid emergency 

condition that threatens the health and/ 

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41410 Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices 

or safety of the facility’s occupants and 

the severity of the emergency condition. 

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. 

(b) Impact of the emergency condition 

on the health and safety of the building 

occupants or on program delivery. 

(c) Project urgency or risk to 

occupants if the facility condition is not 

addressed. Applicants should describe 

projected increased future costs and 

effects on occupants if the condition is 

not addressed; the anticipated effect of 

the proposed project on the useful life 

of the facility or the future need for 

major construction; and the age and 

condition of the facility and date of any 

previous renovation of affected areas. 

(2) Extent to which the proposed 

project addresses the emergency 

condition. (Up to 26 points) 

(a) Extent to which the described 

emergency condition is consistent with 

the Independent Certification. 

(b) Ability of the proposed project to 

respond to the emergency condition. 

The readers will evaluate the extent to 

which the scope and cost of the 

proposed project correspond with the 

identified emergency condition. 

(c) The justification for rebuilding, if 

proposed. The readers will assess the 

validity of the justification for 

rebuilding a facility instead of 

renovating it. 

(3) The extent to which the project 

will use energy-efficient and recyclable 

materials. (Up to 12 points total) 

(4) The extent to which the project 

will use non-traditional or alternative 

building methods and materials. (Up to 

12 points total) 

(a) Cost savings associated with the 

use of alternative building methods and 

materials. 

(b) Time savings associated with the 

use of alternative building methods and 

materials. 

(5) Ability to respond or pay. (Up to 

16 points total) 

(a) If an applicant is eligible because 

the applicant’s assessed value of real 

property per pupil is less than the 

State’s average assessed value per pupil, 

points will be distributed based on the 

LEA’s ranking within the State. The 

LEAs ranked below the State average 

will be divided into quartiles. All 

sixteen points will be allocated to LEAs 

in the quartile with the lowest average 

assessed value per pupil and only four 

points will be allocated to LEAs in the 

quartile with the highest average 

assessed value per pupil of those 

ranked. (Up to 16 points) 

(b) If an applicant is eligible because 

the applicant’s total assessed value of 

real property is less than $100,000,000, 

points will be distributed based on four 

groupings of LEAs in the State with total 

assessed values of less than $100 

million. LEAs with total assessed values 

of less than $25,000,000 would receive 

16 points. LEAs with total assessed 

values between $25,000,000 and 

$50,000,000 would receive 12 points. 

LEAs with total assessed values between 

$50,000,000 and $75,000,000 would 

receive 8 points. LEAs with total 

assessed values between $75,000,000 

and $99,999,999 would receive 4 points. 

(Up to 16 points) 

For modernization applications, the 

criteria and weights are as follows: 

(1) Justification that the proposed 

project is a valid modernization need 

because either: 

• The facility is unable to meet the 

needs of the current enrollment 

(Example: The building capacity is 300 

students while the current enrollment is 

350; three additional classrooms are 

needed to meet State standards for 

capacity and a maximum 20-to-1 

student/teacher ratio.); or 

• The facility is unable to support the 

provision of a comprehensive 

educational program to meet State 

standards (Example: The State’s high 

school graduation requirements include 

the completion of a chemistry class but 

the facility has no science lab.) (Up to 

34 points.) 

(2) Extent to which the proposed 

project addresses the modernization 

need. (Up to 26 points.) 

(a) Project urgency in fiscal terms 

(Examples: The proposed project will 

extend the useful life of the current 

facility on a cost-effective basis, 

improve program quality with an 

updated facility, or delay the need to 

replace the facility). 

(b) Extent to which the described 

modernization need is consistent with 

the Independent Certification. 

(c) Ability of the proposed project to 

respond to the modernization need. The 

readers will evaluate the extent to 

which the scope and cost of the 

proposed project correspond with the 

identified modernization need. 

(d) The justification for rebuilding, if 

proposed. The readers will assess the 

validity of the justification for 

rebuilding a facility instead of 

renovating it. 

(3) The extent to which the project 

will use energy-efficient and recyclable 

materials. (Up to 12 points total) 

(4) The extent to which the project 

will use alternative building methods 

and materials. (Up to 12 points total) 

(a) Cost savings associated with the 

use of alternative building methods and 

materials. 

(b) Time savings associated with the 

use of alternative building methods and 

materials. 

(5) Ability to respond or pay. (Up to 

16 points total) 

(a) If an applicant is eligible because 

the applicant’s assessed value of real 

property per pupil is less than the 

State’s average assessed value per pupil, 

points will be distributed based on the 

LEA’s ranking within the State. The 

LEAs ranked below the State average 

will be divided into quartiles. All 

sixteen points will be allocated to LEAs 

in the quartile with the lowest average 

assessed value per pupil and only four 

points will be allocated to LEAs in the 

quartile with the highest average 

assessed value per pupil of those 

ranked. (Up to 16 points) 

(b) If an applicant is eligible because 

the applicant’s total assessed value of 

real property is less than $100,000,000, 

points will be distributed based on four 

groupings of LEAs in the State with total 

assessed values of less than $100 

million. LEAs with total assessed values 

of less than $25,000,000 would receive 

16 points. LEAs with total assessed 

values between $25,000,000 and 

$50,000,000 would receive 12 points. 

LEAs with total assessed values between 

$50,000,000 and $75,000,000 would 

receive 8 points. LEAs with total 

assessed values between $75,000,000 

and $99,999,999 would receive 4 points. 

(Up to 16 points) 

2. Review and Selection Process: 

Upon receipt, Impact Aid program staff 

will screen all applications to eliminate 

any that do not meet the eligibility 

requirements, are incomplete, exceed 

the page limit requirement, are not 

properly formatted, or are late. Program 

staff will also calculate the scores for 

each application under competitive 

preference priorities 1 and 2 and 

criterion (5)—ability to respond or pay. 

Panel reviewers will assess the 

applications under criteria (1), (2), (3) 

and (4), and the feasibility of the 

proposed completion date under 

competitive preference priority 2. 

Applications are ranked based on the 

total number of points received during 

the review process. 

The Department may elect not to fund 

applications for an LEA based on factors 

specified in 34 CFR 75.217, including 

the applicant’s performance and use of 

funds under a prior award. 

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VI. Award Administration Information 

1. Award Notices: If your application 

is successful, we will notify your U.S. 

Representative and U.S. Senators and 

send you a Grant Award Notification 

(GAN). We may notify you informally, 

also. 

If your application is not evaluated or 

not selected for funding, we will 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. In 

addition, there are a number of ARRA 

requirements that are detailed in the 

ARRA Impact Aid Frequently Asked 

Questions (FAQs), which can be 

accessed at the following site: http:// 

www.ed.gov/policy/gen/leg/recovery/ 

guidance/impactaid.pdf. See for 

example, FAQs 12 through 16 regarding 

reporting, infrastructure investment 

certification, Buy American, and 

National Environmental Protection Act 

provisions, and FAQs 19 through 21 

regarding Davis-Bacon wage, Indian 

Preference contract, and civil rights law 

requirements. We anticipate providing 

further guidance on the infrastructure 

investment certifications at a later time. 

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 the approved 

application as part of your binding 

commitments under the grant. 

3. Reporting: At the end of your 

project period, you must submit a final 

performance report, including financial 

information, as directed by the 

Secretary. If you receive a multi-year 

award, you must submit an annual 

performance report that provides the 

most current performance and financial 

expenditure information as directed by 

the Secretary under 34 CFR 75.118. The 

Secretary may also require more 

frequent performance reports under 34 

CFR 75.720(c). In addition to the 

reporting requirements specified in the 

regulations, there are additional 

reporting requirements for these awards 

as specified under section 1512 of 

ARRA. 

Funds awarded through this program 

were appropriated under the American 

Recovery and Reinvestment Act (ARRA) 

of 2009, Public Law 111–5, and are 

subject to additional accountability and 

transparency reporting requirements, 

which are described in section 1512(c) 

of the ARRA. Recipients of ARRA funds 

must submit quarterly reports on the 

expenditure of these funds no later than 

ten days after the end of each calendar 

quarter through a centralized reporting 

Web site administered by the Office of 

Management and Budget (OMB): 

http://www.federalreporting.gov. The 

information reported at this Web site 

will be available to the Department, the 

White House, OMB and the public on 

http://www.Recovery.gov. 

At a minimum, an LEA should 

anticipate reporting: 

• The total amounts of ARRA funds 

received and expended or obligated. 

• The name, description, and 

evaluation of the project or activity’s 

completion status. 

• An estimate of the number of jobs 

that were saved or created with the 

funds. 

Recipients will need to maintain 

accurate documentation of all ARRA 

expenditures to ensure that the data 

reported are accurate, complete, and 

reliable. 

Additional guidance providing further 

detail on the quarterly report will be 

provided at a later time. 

4. Performance Measures: The 

condition of school facilities in LEAs 

after completion of projects with grants 

under this program will be compared to 

the reported condition before receipt of 

the grants. This information will be 

obtained from the current Table 10 of 

the section 8003 application, which will 

be required for all grant recipients. The 

measure is currently in place for the 

regular section 8007(b) program. A 

second performance measure will 

identify the proportion of projects 

funded with these grants that are 

completed within 24 months of the 

awards. 

VII. Agency Contact 

For Further Information Contact: 

Kristen Walls-Rivas, Impact Aid 

Program, U.S. Department of Education, 

400 Maryland Avenue, SW., room 

3C155, Washington, DC 20202–6244. 

Telephone: (202) 260–3858 or by e-mail: 

Impact.Aid@ed.gov. 

If you use a TDD, call the FRS, toll 

free, at 1–800–877–8339. 

VIII. Other Information 

Accessible Format: Individuals with 

disabilities can obtain this document 

and a copy of the application package in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to the program contact person 

listed under FOR FURTHER INFORMATION

CONTACT in section VII of this notice. 

Electronic Access to This Document: 

You can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1– 

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Delegation of Authority: The Secretary 

of Education has delegated authority to 

Joseph C. Conaty, Director, Academic 

Improvement and Teacher Quality 

Programs for the Office of Elementary 

and Secondary Education to perform the 

functions of the Assistant Secretary for 

Elementary and Secondary Education. 

Dated: August 12, 2009. 

Joseph C. Conaty, 

Director, Academic Improvement and 

Teacher Quality Programs. 

[FR Doc. E9–19694 Filed 8–14–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Agency Information Collection 

Extension 

AGENCY: U.S. Department of Energy. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of Energy 

(DOE), pursuant to the Paperwork 

Reduction Act of 1995, is amending a 

Federal Register Notice published in 

the March 13, 2009, at 74 FR 10902. 

That Notice informed the public of the 

Department’s intention to extend, for 

three years, an information collection 

request with the Office of Management 

and Budget (OMB). Comments were 

invited on: (a) Whether the extended 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

mstockstill on DSKH9S0YB1PROD with NOTICES