8564 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Notices 

accordance with DoD policy and 

procedures for term of service of one-totwo years, with annual renewal, not to 

exceed the member’s approved 

appointment. 

UFBAP members who are not fulltime or permanent part-time Federal 

civilian officers or employees, or active 

duty members of the Uniformed 

Services, shall be appointed as experts 

or consultants pursuant to 5 U.S.C. 3109 

to serve as special government 

employee members. UFBAP members 

who are full-time or permanent parttime Federal civilian officers or 

employees, or active duty members of 

the Uniformed Services, shall be 

appointed pursuant to 41 CFR 102– 

3.130(a) to serve as regular government 

employee members. All members of the 

UFBAP are appointed to exercise their 

own best judgment on behalf of the 

DoD, without representing any 

particular points of view, and to discuss 

and deliberate in a manner that is free 

from conflicts of interest. With the 

exception of reimbursement of official 

UFBAP-related travel and per diem, 

UFBAP members serve without 

compensation. 

The public or interested organizations 

may submit written statements about 

the UFBAP’s mission and functions. 

Written statements may be submitted at 

any time or in response to the stated 

agenda of planned meeting of the 

UFBAP. All written statements shall be 

submitted to the DFO for the UFBAP, 

and this individual will ensure that the 

written statements are provided to the 

membership for their consideration. 

Dated: February 9, 2022. 

Aaron T. Siegel, 

Alternate OSD Federal Register, Liaison 

Officer, Department of Defense. 

[FR Doc. 2022–03169 Filed 2–14–22; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF EDUCATION 

Applications for New Awards; Equity 

Assistance Centers 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education 

ACTION: Notice. 

SUMMARY: The Department of Education 

is issuing a notice inviting applications 

for fiscal year (FY) 2022 for the Equity 

Assistance Centers, Assistance Listing 

Number 84.004D. This notice relates to 

the approved information collection 

under OMB control number 1894–0006. 

DATES: 

Applications Available: February 15, 

2022. 

Deadline for Transmittal of 

Applications: May 16, 2022. 

Deadline for Intergovernmental 

Review: July 15, 2022. 

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 27, 2021 

(86 FR 73264) and available at 

www.federalregister.gov/d/2021-27979. 

Please note that these Common 

Instructions supersede the version 

published on February 13, 2019, and, in 

part, describe the transition from the 

requirement to register in SAM.gov a 

Data Universal Numbering System 

(DUNS) number to the implementation 

of the Unique Entity Identifier (UEI). 

More information on the phase-out of 

DUNS numbers is available at https://

www2.ed.gov/about/offices/list/ofo/ 

docs/unique-entity-identifier-transitionfact-sheet.pdf. 

FOR FURTHER INFORMATION CONTACT: 

Rebekka Meyer, U.S. Department of 

Education, 400 Maryland Avenue SW, 

Room 3E114, Washington, DC 20202. 

Telephone: (202) 453–5641. Email: 

OESE.EACcompetition@ed.gov. 

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 Equity 

Assistance Centers (EAC) program is 

authorized under title IV of the Civil 

Rights Act of 1964, 42 U.S.C. 2000c— 

2000c–2, 2000c–5, and the 

implementing regulations in 34 CFR 

part 270. This program awards grants 

through cooperative agreements ‘‘to 

operate regional EACs that provide 

technical assistance (including training) 

at the request of school boards and other 

responsible governmental agencies in 

the preparation, adoption, and 

implementation of plans for the 

desegregation of public schools’’— 

which in this context means plans for 

equity (including desegregation based 

on race, national origin, sex, and 

religion)—‘‘and in the development of 

effective methods of coping with special 

educational problems occasioned by 

desegregation’’(34 CFR 270.1). 

Background: 42 U.S.C. 2000c SEC. 

403 establishes the EAC program to 

provide technical assistance at the 

request of eligible entities with regard to 

‘‘special educational problems 

occasioned by desegregation.’’ This term 

is defined in 34 CFR 270.7 to mean 

‘‘those issues that arise in classrooms, 

schools, and communities in the course 

of desegregation efforts based on race, 

national origin, sex, or religion.’’ 34 CFR 

270 additionally creates the term 

‘‘Desegregation assistance’’, defined as 

‘‘the provision of technical assistance 

(including training) in the areas of race, 

sex, national origin, and religion 

desegregation of public elementary and 

secondary schools’’ to describe the 

technical assistance services provided 

under this program. Desegregation 

assistance, per 34 CFR 270.4, ‘‘may 

include, among other activities: (1) 

Dissemination of information regarding 

effective methods of coping with special 

educational problems occasioned by 

desegregation; (2) assistance and advice 

in coping with these problems; and (3) 

training designed to improve the ability 

of teachers, supervisors, counselors, 

parents, community members, 

community organizations, and other 

elementary or secondary school 

personnel to deal effectively with 

special educational problems 

occasioned by desegregation.’’ A project 

must provide technical assistance in all 

four of the desegregation assistance 

areas: Race, sex, national origin, and 

religion desegregation (34 CFR 270.4). 

For example, EACs provide critical 

support to public schools, upon request 

by school boards and other responsible 

governmental entities in their 

geographic region, in developing 

effective strategies to ensure all students 

have a full opportunity to participate in 

educational programs. This may include 

assisting schools in fostering positive 

and safe learning environments that 

meet all students’ needs, and that are 

free of bullying and violence related to 

race, color, national origin, sex, or 

religion. When requested, EACs may 

provide technical assistance only to 

students enrolled in public schools, 

parents of those students, public school 

personnel, community organizations, 

and other community members (34 CFR 

270.3). 

Previously known as the 

Desegregation Assistance Centers 

program, the EAC program is authorized 

under the Civil Rights Act of 1964 and 

has provided comprehensive training 

and advisory services on desegregation 

issues to States, school districts, and 

schools since the mid-1960s. Through 

the grants funded through this notice, 

the EAC program will continue to 

advance the Department’s priorities to 

promote equity in student access to 

educational resources and 

opportunities. 


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In 2016, the Department reduced the 

number of EAC geographic regions from 

ten to four. The four EACs have 

experienced a steady increase in 

demand for services each year since this 

reorganization. In FY 2017, EACs 

provided targeted and intensive 

assistance to 20 State educational 

agencies (SEAs) and 48 local 

educational agencies (LEAs) in 33 States 

and territories. In FY 2020, EACs 

provided targeted and intensive 

assistance to 36 SEAs and 196 LEAs in 

49 States and territories. This growth 

may be attributable to several factors, 

including increased awareness of the 

EAC services among potential clients 

(e.g., SEAs, LEAs), recent increases in 

public interest in issues related to 

discrimination, and desegregationrelated issues caused or exacerbated by 

the COVID–19 pandemic and conditions 

necessitated by it (e.g., instances of 

online bullying related to race or 

ethnicity as a result of an increase in 

virtual instruction during the 

pandemic). 

To ensure that new EAC grantees 

adequately respond to this increase in 

demand for services, applicants should 

have expert knowledge of Federal 

statutory requirements, regulations, and 

policies related to desegregating public 

schools by race, sex, national origin, and 

religion. 

When addressing the selection criteria 

in the NIA, eligible applicants are 

encouraged to: 

• Demonstrate their experience 

delivering technical assistance and 

training, informed by relevant data, that 

have resulted in documented 

improvements in creating more 

equitable learning environments for 

students; 

• Demonstrate their proven ability to 

manage personnel, resources, and 

budgets to adequately respond to a high 

volume of technical assistance requests; 

• Describe how they will consider the 

unique and diverse local and cultural 

needs of communities within their 

regions (e.g., taking into account 

differences in the racial, ethnic, or 

religious diversity of the student 

populations in rural communities, 

communities with newcomer families, 

communities with high instances of 

languages other than English spoken in 

the home, Tribal communities) and 

consider appropriate staffing and 

partnerships that can assist the EAC in 

meeting diverse regional needs; and 

• Describe their comprehensive plans 

to expeditiously establish and maintain 

networks of professional partnerships to 

further their desegregation work. This 

should include working relationships 

with Department offices and grant 

programs (e.g., the Office for Civil 

Rights), other Federal agencies (e.g., the 

Department of Justice), Departmentfunded technical assistance providers 

(e.g., Comprehensive Centers, Regional 

Educational Laboratories), potential 

clients (e.g., SEAs, LEAs in their 

regions), and professional organizations 

that can improve the effectiveness of 

their desegregation efforts, particularly 

in the applicant’s EAC region. 

The Department recognizes that 

developing effective methods of coping 

with special educational problems 

occasioned by desegregation based on 

race, religion, national origin, and sex in 

public schools may also intersect with 

many other areas of important 

educational equity work, including 

socioeconomic status and disability, 

among others. Therefore, to improve the 

effectiveness of collaborative efforts 

across technical assistance providers to 

create more equitable learning 

environments responsive to a 

comprehensive range of student needs, 

the Department encourages applicants 

to include in their proposed plans for 

networks of professional partnerships 

approaches for collaboration with 

agencies and organizations that reflect 

the broader intersectional nature of 

educational equity work. 

The EAC program awards four grants, 

one for each geographical region. Each 

geographical region is comprised of, on 

average, 14 States and Territories. Given 

the large geographic size of each region, 

the skill and technological capacity to 

provide effective remote technical 

assistance and training are critical to the 

success of each EAC grantee. The 

Department encourages each applicant 

to propose a comprehensive plan to 

efficiently deliver effective remote 

technical assistance and training to 

clients that comply with applicable 

legal requirements for accessibility, 

including those required under Section 

504 of the Rehabilitation Act of 1973 

and the Americans with Disabilities Act. 

We encourage applicants to describe a 

project design for service delivery 

informed by research or evaluation 

findings that demonstrates a rationale 

(as defined in this notice), explaining 

how the project is likely to improve or 

achieve relevant and expected outcomes 

(e.g., via a logic model, as defined in 

this notice). In developing their 

rationales, applicants should consider 

research and evaluation findings 

regarding best practices for addressing 

desegregation based on sex, race, 

religion, and national origin. Applicants 

should also consider research and 

evaluation findings related to adult 

learning principles and strategies for 

their work when training school 

administrators, teachers, staff, and 

parents. Additionally, applicants should 

explain when addressing the project 

design selection criteria how they will 

examine the sources of inequities 

related to race, religion, national origin, 

and sex in public schools, and their 

intersection with many other areas of 

important educational equity work, 

including socioeconomic status and 

disability, among others. Finally, 

applicants should describe how the 

proposed training and advisory services 

it will provide, if requested, will utilize 

evidence-based (as the term is defined 

in 34 CFR 77.1) policies or strategies 

designed to increase racial, ethnic, 

cultural, socioeconomic, and linguistic 

diversity in educational settings (e.g., 

creating a safe and welcoming learning 

environment for new students who are 

refugees and English learners). 

Each EAC applicant should propose, 

whenever practicable, to employ 

evidence-based practices that mitigate 

impacts of segregation based on sex, 

race, religion, and national origin in 

public schools. Relatedly, EAC 

applicants are encouraged to describe 

how they plan to contribute to the 

evidence base on such practices, in 

accordance with the definition of 

‘‘evidence-based’’ in 34 CFR 77.1. 

Applicants may also consider how the 

proposed project may develop evidence 

related to, or provide technical 

assistance on, evidence-based policies 

or strategies designed to increase 

inclusivity with regard to racial, ethnic, 

cultural, and linguistic diversity in 

educational settings appropriate to the 

needs of the intended recipients or 

beneficiaries of those services. 

Accordingly, applicants should include 

as part of their applications a rigorous 

evaluation plan that describes their 

methods to identify and evaluate 

evidence-based practices and resources 

developed in response to client requests 

and the criteria for determining the 

extent to which outputs and client 

outcomes (short-term, midterm, and 

long-term) were met as a result of the 

technical assistance provided. 

Applicants should describe their 

current or recent working relationships 

with governmental agencies legally 

responsible for operating public schools 

in the applicants’ EAC regions. Shortly 

after awards are made, each grantee will 

be required to develop a 

communications plan for working with 

the appropriate education agencies 

within its region (e.g., SEAs, LEAs) to 

promote understanding about EAC 

services and to foster productive 

relationships with the agencies and the 

public at large. As part of this plan, each 

grantee must detail its strategies, 


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including the use of technology-based 

resources, for receiving ongoing and 

timely input on the needs of its clients 

and potential clients, and the usefulness 

of its services. Each grantee must also 

describe how it will continuously 

cultivate relationships with agencies 

and partners that are knowledgeable 

about the desegregation-related needs in 

its EAC region. 

Priority: Under this competition we 

are particularly interested in 

applications that address the following 

priority. 

Invitational Priority: For FY 2022 and 

any subsequent year in which the 

Department makes awards from the list 

of unfunded applications from this 

competition, this priority is an 

invitational priority. Under 34 CFR 

75.105(c)(1) the Department does not 

give an application that meets this 

invitational priority a competitive or 

absolute preference over other 

applications. 

This priority is: 

Promoting Equity Through Diverse 

Partnerships. 

Projects designed to promote 

educational equity and adequacy in 

resources and opportunity for 

underserved students in elementary 

school, middle school, and high school 

settings and which are implemented by 

or in partnership with one or more of 

the following entities: 

(a) Historically Black colleges and 

universities, defined as colleges and 

universities that meet the criteria in 34 

CFR 608.2. 

(b) Tribal colleges and universities, as 

defined in section 316(b)(3) of the 

Higher Education Act of 1965, as 

amended (HEA). 

(c) Minority-serving institutions, 

defined as institutions that are eligible 

to receive assistance under sections 316 

through 320 of part A of title III, under 

part B of title III, or under title V of the 

HEA. 

Definitions: For the convenience of 

applicants, the Department highlights 

the following definitions for this 

competition. We include definitions of 

the following terms from the EAC 

program regulations in 34 CFR 270.7: 

‘‘Desegregation assistance,’’ 

‘‘Desegregation assistance areas,’’ 

‘‘English learner,’’ ‘‘Equity Assistance 

Center,’’ ‘‘National origin 

desegregation,’’ ‘‘Public school,’’ ‘‘Race 

desegregation,’’ ‘‘Religion 

desegregation,’’ ‘‘Responsible 

governmental agency,’’ ‘‘School board,’’ 

‘‘Sex desegregation,’’ and ‘‘Special 

educational problems occasioned by 

desegregation.’’ We also include the 

definitions of ‘‘demonstrates a 

rationale,’’ ‘‘logic model,’’ ‘‘project 

component,’’ and ‘‘relevant outcome’’ 

from 34 CFR 77.1. 

Demonstrates a rationale means a key 

project component included in the 

project’s logic model is informed by 

research or evaluation findings that 

suggest the project component is likely 

to improve relevant outcomes. 

Desegregation assistance means the 

provision of technical assistance 

(including training) in the areas of race, 

sex, national origin, and religion 

desegregation of public elementary and 

secondary schools. 

Desegregation assistance areas means 

the areas of race, sex, national origin, 

and religion desegregation. 

English learner has the same meaning 

as the same term defined in section 

8101(20) of the Elementary and 

Secondary Education Act, as amended. 

Equity Assistance Center means a 

regional desegregation technical 

assistance and training center funded 

under this part. 

Logic model (also referred to as a 

theory of action) means a framework 

that identifies key project components 

of the proposed project (i.e., the active 

‘‘ingredients’’ that are hypothesized to 

be critical to achieving the relevant 

outcomes) and describes the theoretical 

and operational relationships among the 

key project components and relevant 

outcomes. 

National origin desegregation means 

the assignment of students to public 

schools and within those schools 

without regard to their national origin, 

including providing students such as 

those who are English learners with a 

full opportunity for participation in all 

educational programs regardless of their 

national origin. 

Project component means an activity, 

strategy, intervention, process, product, 

practice, or policy included in a project. 

Evidence may pertain to an individual 

project component or to a combination 

of project components (e.g., training 

teachers on instructional practices for 

English learners and follow-on coaching 

for these teachers). 

Public school means any elementary 

or secondary educational institution 

operated by a State, subdivision of a 

State, or governmental agency within a 

State, or operated wholly or 

predominantly from or through the use 

of governmental funds or property, or 

funds or property derived from 

governmental sources. 

Race desegregation means the 

assignment of students to public schools 

and within those schools without regard 

to their race, including providing 

students with a full opportunity for 

participation in all educational 

programs regardless of their race. ‘‘Race 

desegregation’’ does not mean the 

assignment of students to public schools 

to correct conditions of racial separation 

that are not the result of State or local 

law or official action. 

Relevant outcome means the student 

outcome(s) or other outcome(s) the key 

project component is designed to 

improve, consistent with the specific 

goals of the program. 

Religion desegregation means the 

assignment of students to public schools 

and within those schools without regard 

to their religion, including providing 

students with a full opportunity for 

participation in all educational 

programs regardless of their religion. 

Responsible governmental agency 

means any school board, State, 

municipality, LEA, or other 

governmental unit legally responsible 

for operating a public school or schools. 

School board means any agency or 

agencies that administer a system of one 

or more public schools and any other 

agency that is responsible for the 

assignment of students to or within that 

system. 

Sex desegregation means the 

assignment of students to public schools 

and within those schools without regard 

to their sex (including transgender 

status; gender identity; sex stereotypes, 

such as treating a person differently 

because he or she does not conform to 

sex-role expectations because he or she 

is attracted to or is in a relationship 

with a person of the same sex; and 

pregnancy and related conditions), 

including providing students with a full 

opportunity for participation in all 

educational programs regardless of their 

sex. 

Special educational problems 

occasioned by desegregation means 

those issues that arise in classrooms, 

schools, and communities in the course 

of desegregation efforts based on race, 

national origin, sex, or religion. The 

phrase does not refer to the provision of 

special education and related services 

for students with disabilities as defined 

under the Individuals with Disabilities 

Education Act (20 U.S.C. 1400 et seq.). 

Program Authority: 42 U.S.C. 2000c– 

2000c–2, 2000c–5. 

Applicable Regulations: (a) The 

Education Department General 

Administrative Regulations (EDGAR) in 

34 CFR parts 75, 77, 79, 81, 82, 84, 86, 

97, 98, and 99. (b) The OMB 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 


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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 270. 

Note: The regulations in 34 CFR part 

86 apply to institutions of higher 

education only. 

II. Award Information 

Type of Award: Cooperative 

agreement. 

Estimated Available Funds: The 

Administration has requested 

$6,575,000 for this program for FY 2022, 

of which we intend to use an estimated 

$6,500,000 for awards under this 

competition. The actual level of 

funding, if any, depends on final 

congressional action. However, the 

Department is inviting applications to 

allow enough time to complete the grant 

process before the end of the current 

fiscal year, if Congress appropriates 

funds for this program. 

Estimated Range of Awards: 

$1,400,000–$1,700,000. 

Estimated Average Size of Awards: 

$1,625,000. 

Maximum Award: The Department 

will not make an award exceeding 

$1,700,000 for a single budget period of 

12 months. Under 34 CFR 75.104(b), the 

Secretary may reject without 

consideration or evaluation any 

application that proposes a project 

funding level that exceeds the stated 

maximum award amount. 

Estimated Number of Awards: 4. 

Note: The Department is not bound by 

any estimates in this notice. 

Project Period: Up to 60 months. 

III. Eligibility Information 

1. Eligible Applicants: To be 

considered for an award under this 

competition, an applicant must be: 

(a) A public agency (other than a State 

educational agency or a school board); 

(b) A private, non-profit organization; 

or 

(c) A consortium comprised entirely 

of agencies or organizations described in 

clauses (a) or (b). 

Note: If applying as a consortium, 

applicants should refer to 34 CFR 

75.127–75.129 for information about 

group applications. 

If you are a nonprofit organization, 

under 34 CFR 75.51, you may 

demonstrate your nonprofit status by 

providing: (1) Proof that the Internal 

Revenue Service currently recognizes 

the applicant as an organization to 

which contributions are tax deductible 

under section 501(c)(3) of the Internal 

Revenue Code; (2) a statement from a 

State taxing body or the State attorney 

general certifying that the organization 

is a nonprofit organization operating 

within the State and that no part of its 

net earnings may lawfully benefit any 

private shareholder or individual; (3) a 

certified copy of the applicant’s 

certificate of incorporation or similar 

document if it clearly establishes the 

nonprofit status of the applicant; or (4) 

any item described above if that item 

applies to a State or national parent 

organization, together with a statement 

by the State or parent organization that 

the applicant is a local nonprofit 

affiliate. 

2. a. Cost Sharing or Matching: This 

program does not require cost sharing or 

matching. 

b. Indirect Cost Rate Information: This 

program uses an unrestricted indirect 

cost rate. For more information 

regarding indirect costs, or to obtain a 

negotiated indirect cost rate, please see 

www2.ed.gov/about/offices/list/ocfo/ 

intro.html. 

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. Geographical Regions: One EAC 

will be funded under this grant program 

in each of four geographical regions, in 

accordance with 34 CFR 270.5 and 

270.20. One award will be made in each 

region to the highest-ranking proposal 

from that region. If an applicant wishes 

to apply to serve more than one region, 

the applicant must submit a separate 

application for each region it wishes to 

serve. 

Note: The Department intends to 

create four separate funding slates, one 

for each geographic region. The 

Department anticipates funding a single 

EAC in each geographic region. 

The geographic regions served by the 

EACs are: 

Region I: Connecticut, Delaware, 

Kentucky, Maine, Maryland, 

Massachusetts, New Hampshire, New 

Jersey, New York, Pennsylvania, Puerto 

Rico, Rhode Island, Vermont, Virgin 

Islands, West Virginia. 

Region II: Alabama, Arkansas, District 

of Columbia, Florida, Georgia, 

Louisiana, Mississippi, North Carolina, 

South Carolina, Tennessee, Texas, 

Virginia. 

Region III: Illinois, Indiana, Iowa, 

Kansas, Michigan, Minnesota, Missouri, 

Nebraska, North Dakota, Ohio, 

Oklahoma, South Dakota, Wisconsin. 

Region IV: Alaska, American Samoa, 

Arizona, California, Colorado, 

Commonwealth of the Northern Mariana 

Islands, Guam, Hawaii, Idaho, Montana, 

Nevada, New Mexico, Oregon, Utah, 

Washington, Wyoming. 

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 27, 2021 (86 FR 73264) and 

available at www.federalregister.gov/d/ 

2021-27979, which contain 

requirements and information on how to 

submit an application. Please note that 

these Common Instructions supersede 

the version published on February 13, 

2019, and, in part, describe the 

transition from the requirement to 

register in SAM.gov a DUNS number to 

the implementation of the UEI. More 

information on the phase-out of DUNS 

numbers is available at https://

www2.ed.gov/about/offices/list/ofo/ 

docs/unique-entity-identifier-transitionfact-sheet.pdf. 

2. Submission of Proprietary 

Information: Given the types of projects 

that may be proposed in applications for 

the EAC program, your application may 

include business information that you 

consider proprietary. In 34 CFR 5.11 we 

define ‘‘business information’’ and 

describe the process we use in 

determining whether any of that 

information is proprietary and, thus, 

protected from disclosure under 

Exemption 4 of the Freedom of 

Information Act (5 U.S.C. 552, as 

amended). 

Because the Department plans to 

make successful applications available 

to the public, you may wish to request 

confidentiality of business information. 

Consistent with Executive Order 

12600, please designate in your 

application any information that you 

believe is exempt from disclosure under 

Exemption 4. In the appropriate 

Appendix section of your application, 

under ‘‘Other Attachments Form,’’ 

please list the page number or numbers 

on which we can find this information. 

For additional information please see 34 

CFR 5.11(c). 

3. Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. 

4. Funding Restrictions: The 

Department references regulations 

outlining funding restrictions in the 


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Applicable Regulations section of this 

notice. 

5. Recommended Page Limit: The 

application narrative is where you, the 

applicant, address the selection criteria 

that reviewers use to evaluate your 

application. The Department 

recommends that you (1) limit the 

application narrative to no more than 50 

pages and (2) use the following 

standards: 

• A ‘‘page’’ is 8.5′′ x 11′′, on one side 

only, with 1′′ margins at the top, bottom, 

and both sides. 

• Double space (no more than three 

lines per vertical inch) all text in the 

application narrative, including titles, 

headings, footnotes, quotations, 

references, and captions, as well as all 

text in charts, tables, figures, and 

graphs. 

• Use a font that is either 12 point or 

larger or no smaller than 10 pitch 

(characters per inch). 

• Use one of the following fonts: 

Times New Roman, Courier, Courier 

New, or Arial. 

The recommended page limit does not 

apply to the cover sheet; the budget 

section, including the narrative budget 

justification; the assurances and 

certifications; or the one-page abstract, 

the resumes, the bibliography, or the 

letters of support. However, the 

recommended page limit does apply to 

all of the application narrative. 

V. Application Review Information 

1. Selection Criteria: The selection 

criteria for this competition are from 34 

CFR 75.210. The maximum score for 

addressing all of these criteria is 100 

points. The maximum score for 

addressing each criterion is indicated in 

parentheses. 

(a) Quality of the project design. (Up 

to 65 points) 

(1) The Secretary considers the 

quality of the design of the proposed 

project. 

(2) In determining the quality of the 

design of the proposed project, the 

Secretary considers the following 

factors: 

(i) The extent to which the services to 

be provided by the proposed project are 

appropriate to the needs of the intended 

recipients or beneficiaries of those 

services. (Up to 15 points) 

(ii) The extent to which the services 

to be provided by the proposed project 

involve the collaboration of appropriate 

partners for maximizing the 

effectiveness of project services. (Up to 

10 points) 

(iii) The extent to which the proposed 

project demonstrates a rationale (as 

defined in this notice). (Up to 10 points) 

(iv) The extent to which the design of 

the proposed project includes a 

thorough, high-quality review of the 

relevant literature, a high-quality plan 

for project implementation, and the use 

of appropriate methodological tools to 

ensure successful achievement of 

project objectives. (Up to 10 points) 

(v) The extent to which the methods 

of evaluation will provide performance 

feedback and permit periodic 

assessment of progress toward achieving 

intended outcomes. (Up to 10 points) 

(vi) How the applicant will ensure 

that a diversity of perspectives are 

brought to bear in the operation of the 

proposed project, including those of 

parents, teachers, the business 

community, a variety of disciplinary 

and professional fields, recipients or 

beneficiaries of services, or others, as 

appropriate. (Up to 10 points) 

(b) Quality of project personnel. (Up 

to 20 points) 

(1) The Secretary considers the 

quality of the personnel who will carry 

out the proposed project. 

(2) In determining the quality of 

project personnel, the Secretary 

considers the extent to which the 

applicant encourages applications for 

employment from persons who are 

members of groups that have 

traditionally been underrepresented 

based on race, color, national origin, 

gender, age, or disability. (Up to 10 

points) 

(3) In addition, the Secretary 

considers the qualifications, including 

relevant training and experience, of key 

project personnel. (Up to 10 points) 

(c) Adequacy of resources. (Up to 15 

points) 

(1) The Secretary considers the 

adequacy of resources for the proposed 

project. 

(2) In determining the adequacy of 

resources for the proposed project, the 

Secretary considers the following 

factors: 

(i) The extent to which the technical 

assistance services to be provided by the 

proposed project involve the use of 

efficient strategies, including the use of 

technology, as appropriate, and the 

leveraging of non-project resources. (Up 

to 10 points) 

(ii) The extent to which the budget is 

adequate to support the proposed 

project. (Up to 5 points) 

2. Review and Selection Process: The 

Department reminds 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 also 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 of 

Education (34 CFR 100.4, 104.5, 106.4, 

108.8, and 110.23). 

3. Risk Assessment and Special 

Conditions: Consistent with 2 CFR 

200.206, before awarding grants under 

this program the Department conducts a 

review of the risks posed by applicants. 

Under 2 CFR 200.208, the Secretary may 

impose special 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) the Department 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. 


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Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Notices 8569 

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 

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, the Department notifies 

your U.S. Representative and U.S. 

Senators and sends you a Grant Award 

Notification (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. 

(c) Under 34 CFR 75.250(b), the 

Secretary may provide a grantee with 

additional funding for data collection 

analysis and reporting. In this case the 

Secretary establishes a data collection 

period. 

5. Performance Measures: For 

purposes of Department reporting under 

34 CFR 75.110, we have established the 

following performance measures for the 

EAC program: 

Measure 1: The percentage of clients 

reporting an increase in awareness or 

knowledge resulting from technical 

assistance provided. 

Measure 2: The percentage of clients 

who report changed policies or practices 

related to providing students with a full 

opportunity for participation in all 

educational programs regardless of their 

sex, race, religion, and national origin. 

Measure 3: The percentage of clients 

reporting an increase in capacity 

resulting from technical assistance 

provided. 

Measure 4: The percentage of 

technical assistance requests received 

from organizations that were accepted 

during the performance period. 

Measure 5: The percentage of clients 

willing to request additional technical 

assistance or refer another organization 

to an EAC for technical assistance 

during the performance period. 

Measure 6: The percentage of clients 

who report that outcomes, as 

documented in memoranda of 

understanding with EACs, were met as 

a result of the technical assistance 

provided. 

Note: Measure 6 is a new performance 

measure for this program. The 

Department removed the measure on the 

percentage of technical assistance 

requests received from new (not 

previously served by the EAC) 

organizations during the performance 

period. 

All grantees will be expected to 

submit, as part of their annual and final 

performance reports, quantitative data 

documenting their progress with regard 

to these performance measures. 

Project-Specific Performance 

Measures: An applicant may propose 

measures specific to that applicant’s 

proposed project. If an applicant 

chooses to propose such project-specific 

measures, the application must provide 

the following information as directed 

under 34 CFR 75.110(b): How each 

proposed measure would accurately 

measure the performance of the project 

and how the proposed measure would 

be consistent with the performance 

measures established for this program. 

6. 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, 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 


lotter on DSK11XQN23PROD with NOTICES1
8570 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Notices 

1The White House, Fact Sheet: President Biden’s 

Leaders Summit on Climate, April 23, 2021, 

available at https://www.whitehouse.gov/briefingroom/statements-releases/2021/04/23/fact-sheetpresident-bidens-leaders-summit-on-climate/. 

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. 

Ruth E. Ryder, 

Deputy Assistant Secretary for Policy and 

Programs, Office of Elementary and 

Secondary Education. 

[FR Doc. 2022–03208 Filed 2–14–22; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Notice of Intent and Request for 

Information Regarding Establishment 

of a Civil Nuclear Credit Program 

AGENCY: Office of Nuclear Energy, 

Department of Energy. 

ACTION: Notice of intent (NOI); request 

for information (RFI). 

SUMMARY: The Infrastructure Investment 

and Jobs Act (IIJA or the Act) directs the 

Secretary of Energy (Secretary) to 

establish a Civil Nuclear Credit (CNC) 

Program to evaluate and certify nuclear 

reactors that are projected to cease 

operations due to economic factors and 

to allocate credits to selected certified 

nuclear reactors via a sealed bid 

process. The U.S. Department of Energy 

(DOE or the Department) is issuing this 

NOI to notify interested parties of DOE’s 

intent to solicit applications for 

certification of nuclear reactors for 

eligibility to submit of sealed bids for 

CNC Program credits from nuclear 

reactor owners or operators that are at 

risk of ceasing operations due to 

economic factors and intent to request 

sealed bids from certified reactors for 

allocation of available credits. The NOI 

provides an opportunity for interested 

parties to submit to the Department a 

non-binding notice of their interest in 

submitting a confidential application for 

the CNC Program. The Department also 

seeks input from all stakeholders 

through this RFI regarding the 

establishment of a CNC Program 

including the application, certification, 

and selection processes. 

DATES: Written comments and 

information are requested on or before 

March 17, 2022. The Department 

intends to develop initial draft guidance 

for the certification applications during 

the NOI/RFI comment period. It is 

strongly preferred that respondents 

comment on issues affecting 

certification directly via the email 

address below by March 8, 2022. 

Comments relating to the certification 

received after this date may not be 

included guidance development. 

ADDRESSES: Interested parties may 

submit comments by any of the 

following methods: 

1. Email: rfi-cnc@nuclear.energy.gov 

(Strongly Preferred). Submit electronic 

comments in Microsoft Word or PDF file 

format and avoid the use of special 

characters or any form of encryption. 

Please include ‘‘Response to RFI’’ in the 

subject line. 

2. Online: www.regulations.gov. 

Submit all electronic public comments 

to www.regulations.gov. Click on the 

‘‘Comment’’ icon, complete the required 

fields, and enter or attach your 

comments. 

Instructions: All submissions received 

must include the agency name for this 

RFI. No facsimiles (faxes) will be 

accepted. Any information that may be 

business proprietary and exempt by law 

from public disclosure should be 

submitted as described in Section IX. 

Although DOE has routinely accepted 

public comment submissions through a 

variety of mechanisms, including postal 

mail and hand delivery/courier, DOE 

has found it necessary to make 

temporary modifications to the 

comment submission process in light of 

the ongoing COVID–19 pandemic. DOE 

is currently accepting only electronic 

submissions at this time. If a commenter 

finds that this change poses an undue 

hardship, please contact Office of 

Nuclear Energy staff at (202) 586–6231 

to discuss the need for alternative 

arrangements. Once the COVID–19 

pandemic health emergency is resolved, 

DOE anticipates resuming all of its 

regular options for public comment 

submission, including postal mail and 

hand delivery/courier. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information may 

be sent to: rfi-cnc@nuclear.energy.gov. 

Questions about the NOI may be 

addressed to Alden Allen at (208–526– 

7093). Questions about the RFI may be 

addressed to Kelly Lefler at (202–586– 

6231). 

SUPPLEMENTARY INFORMATION: 

I. Background 

Advancing U.S. clean energy, energy 

security, and economic competitiveness 

enabled by reliable electricity 

generation is a priority of the 

Administration.1 As energy markets and 

economic circumstances continue to 

shift, multiple zero-emission nuclear 

generation assets are at risk for early 

closure, and several have already closed 

prematurely due to economic 

circumstances. Such closures have 

resulted in increased air pollution in 

communities, including disadvantaged 

communities, where fossil generation 

has replaced lost nuclear generation, 

materially impeded the national goal of 

carbon pollution-free electricity by 

2035, and cost the nation thousands of 

high-quality union jobs. Further 

closures threaten to exacerbate these 

issues. Congress has appropriated funds 

to be allocated by DOE, using a credit 

allocation process, to certified nuclear 

reactors to prevent closure of carbonfree nuclear generation due to economic 

factors. DOE intends to execute the CNC 

Program in a manner that maximizes its 

contribution to the national objectives of 

clean energy generation, energy security 

and stability, and economic 

competitiveness. 

The IIJA directs the Secretary to 

certify operating nuclear reactors under 

the CNC Program based on 

determinations that each reactor is 

projected to cease operations due to 

economic factors, that cessation of 

operations would result in a projected 

increase in air pollutants, and that the 

U.S. Nuclear Regulatory Commission 

(NRC) has reasonable assurance that the 

reactor will continue to operate safely. 

Congress has appropriated $6 billion to 

fund credits awarded under the CNC 

Program and has authorized the 

Secretary to obligate up to $1.2 billion 

in Fiscal Year 2022. Amounts in excess 

of $1.2 billion required to fund awarded 

credits for subsequent fiscal years can 

be disbursed subject to the availability 

of funds. 

As required by the Act, the Secretary 

will certify those reactors that meet the 

criteria for CNC Program eligibility, 

establish a process for submittal of 

sealed bids from certified reactors, and 

allocate credits to selected certified 

reactors, noting certain priority 


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