Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices 10533 

Dated: January 27, 2009. 

Ramiro Villalvazo, 

Forest Supervisor. 

[FR Doc. E9–5019 Filed 3–10–09; 8:45 am] 

BILLING CODE 3410–11–M 

DEPARTMENT OF AGRICULTURE 

Rural Business-Cooperative Service 

Notice of Solicitation of Applications 

(NOSA) for Inviting Applications for 

Energy Audits and Renewable Energy 

Development Assistance Under the 

Rural Energy for America Program 

AGENCY: Rural Business-Cooperative 

Service, USDA. 

ACTION: Notice. 

SUMMARY: This notice announces the 

request for grant applications from units 

of State, tribal or local government, 

land-grant colleges, universities, or 

other institutions of higher education 

(including 1994 Land Grant (Tribal 

Colleges) and 1890 Land Grant Colleges 

and Historically Black Universities), 

rural electric cooperatives, and public 

power entities to provide energy audits 

and renewable energy development 

assistance for agricultural producers and 

rural small businesses. The Agency 

intends to publish a proposed rule for 

future submissions that will amend the 

Rural Energy for America portion of the 

Rural Development Grants regulation, 

published October 15, 2008 [73 FR 

61198], at 7 CFR part 5002, for energy 

audits and renewable energy 

development assistance projects in 

calendar year 2009. 

DATES: Applications for grants must be 

submitted on paper or electronically no 

later than 4:30 p.m., local time on June 

9, 2009. Neither complete nor 

incomplete applications received after 

this date and time will be considered, 

regardless of the postmark on the 

application. 

The comment period for information 

collection under the Paperwork 

Reduction Act of 1995 continues 

through May 11, 2009. Comments on the 

paper work burden must be received by 

this date to be assured of consideration. 

ADDRESSES: Application materials may 

be obtained by contacting one of Rural 

Development’s Rural Energy 

Coordinators or by downloading 

through http://www.grants.gov. 

Submit electronic applications at 

http://www.grants.gov, following the 

instructions found on this Web site. To 

use Grants.gov, all applicants must have 

a Dun and Bradstreet Data Universal 

Numbering System (DUNS) number, 

which can be obtained at no cost via a 

toll-free request line at 1–866–705–5711 

or online at http://fedgov.dnb.com/ 

webform. Submit completed paper 

applications to the Rural Development 

State Office in the State in which the 

applicant’s principal office is located. 

Rural Development Rural Energy 

Coordinators 

Note: Telephone numbers listed are not 

toll-free. 

Alabama 

Quinton Harris, USDA Rural Development, 

Sterling Centre, Suite 601, 4121 

Carmichael Road, Montgomery, AL 36106– 

3683, (334) 279–3623, 

Quinton.Harris@al.usda.gov. 

Alaska 

Dean Stewart, USDA Rural Development, 800 

West Evergreen, Suite 201, Palmer, AK 

99645–6539, (907) 761–7722, 

dean.stewart@ak.usda.gov. 

American Samoa (See Hawaii) 

Arizona 

Alan Watt, USDA Rural Development, 230 

North First Avenue, Suite 206, Phoenix, 

AZ 85003–1706, (602) 280–8769, 

Alan.Watt@az.usda.gov. 

Arkansas 

Tim Smith, USDA Rural Development, 700 

West Capitol Avenue, Room 3416, Little 

Rock, AR 72201–3225, (501) 301–3280, 

Tim.Smith@ar.usda.gov. 

California 

Philip Brown, USDA Rural Development, 430 

G Street, #4169, Davis, CA 95616, (530) 

792–5811, Philip.brown@ca.usda.gov. 

Colorado 

April Dahlager, USDA Rural Development, 

655 Parfet Street, Room E–100, Lakewood, 

CO 80215, (720) 544–2909, 

april.dahlager@co.usda.gov. 

Commonwealth of the Northern Mariana 

Islands—CNMI (See Hawaii) 

Connecticut (See Massachusetts) 

Delaware/Maryland 

Bruce Weaver, USDA Rural Development, 

1221 College Park Drive, Suite 200, Dover, 

DE 19904, (302) 857–3626, 

Bruce.Weaver@de.usda.gov. 

Federated States of Micronesia (See Hawaii) 

Florida/Virgin Islands 

Joe Mueller, USDA Rural Development, 4440 

NW. 25th Place, Gainesville, FL 32606, 

(352) 338–3482, joe.mueller@fl.usda.gov. 

Georgia 

J. Craig Scroggs, USDA Rural Development, 

111 E. Spring St., Suite B, Monroe, GA 

30655, Phone 770–267–1413 ext. 113, 

craig.scroggs@ga.usda.gov. 

Guam (See Hawaii) 

Hawaii/Guam/Republic of Palau/Federated 

States of Micronesia/Republic of the Marshall 

Islands/America Samoa/Commonwealth of 

the Northern Marianas Islands-CNMI 

Tim O’Connell, USDA Rural Development, 

Federal Building, Room 311, 154 

Waianuenue Avenue, Hilo, HI 96720, (808) 

933–8313, Tim.Oconnell@hi.usda.gov. 

Idaho 

Brian Buch, USDA Rural Development, 9173 

W. Barnes Drive, Suite A1, Boise, ID 83709, 

(208) 378–5623, Brian.Buch@id.usda.gov. 

Illinois 

Molly Hammond, USDA Rural Development, 

2118 West Park Court, Suite A, Champaign, 

IL 61821, (217) 403–6210, 

Molly.Hammond@il.usda.gov. 

Indiana 

Jerry Hay, USDA Rural Development, 2411 N. 

1250 W., Deputy, IN 47230, (812) 873– 

1100, Jerry.Hay@in.usda.gov. 

Iowa 

Teresa Bomhoff, USDA Rural Development, 

873 Federal Building, 210 Walnut Street, 

Des Moines, IA 50309, (515) 284–4447, 

teresa.bomhoff@ia.usda.gov. 

Kansas 

David Kramer, USDA Rural Development, 

1303 SW First American Place, Suite 100, 

Topeka, KS 66604–4040, (785) 271–2744, 

david.kramer@ks.usda.gov. 

Kentucky 

Scott Maas, USDA Rural Development, 771 

Corporate Drive, Suite 200, Lexington, KY 

40503, (859) 224–7435, 

scott.maas@ky.usda.gov. 

Louisiana 

Kevin Boone, USDA Rural Development, 905 

Jefferson Street, Suite 320, Lafayette, LA 

70501, (337) 262–6601, Ext. 133, 

Kevin.Boone@la.usda.gov. 

Maine 

John F. Sheehan, USDA Rural Development, 

967 Illinois Avenue, Suite 4, P.O. Box 405, 

Bangor, ME 04402–0405, (207) 990–9168, 

john.sheehan@me.usda.gov. 

Maryland (See Delaware) 

Massachusetts/Rhode Island/Connecticut 

Charles W. Dubuc, USDA Rural 

Development, 451 West Street, Suite 2, 

Amherst, MA 01002, (401) 826–0842 X 

306, Charles.Dubuc@ma.usda.gov. 

Michigan 

Traci J. Smith, USDA Rural Development, 

3001 Coolidge Road, Suite 200, East 

Lansing, MI 48823, (517) 324–5157, 

Traci.Smith@mi.usda.gov. 

Minnesota 

Lisa L. Noty, USDA Rural Development, 1400 

West Main Street, Albert Lea, MN 56007, 

(507) 373–7960 Ext. 120, 

lisa.noty@mn.usda.gov. 


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Mississippi 

G. Gary Jones, USDA Rural Development, 

Federal Building, Suite 831, 100 West 

Capitol Street, Jackson, MS 39269, (601) 

965–5457, george.jones@ms.usda.gov. 

Missouri 

Matt Moore, USDA Rural Development, 601 

Business Loop 70 West, Parkade Center, 

Suite 235, Columbia, MO 65203, (573) 

876–9321, matt.moore@mo.usda.gov. 

Montana 

John Guthmiller, USDA Rural Development, 

900 Technology Blvd., Unit 1, Suite B, P.O. 

Box 850, Bozeman, MT 59771, (406) 585– 

2540, John.Guthmiller@mt.usda.gov. 

Nebraska 

Debra Yocum, USDA Rural Development, 

100 Centennial Mall North, Room 152, 

Federal Building, Lincoln, NE 68508, (402) 

437–5554, Debra.Yocum@ne.usda.gov. 

Nevada 

Herb Shedd, USDA Rural Development, 1390 

South Curry Street, Carson City, NV 89703, 

(775) 887–1222, herb.shedd@nv.usda.gov. 

New Hampshire (See Vermont) 

New Jersey 

Victoria Fekete, USDA Rural Development, 

8000 Midlantic Drive, 5th Floor North, 

Suite 500, Mt. Laurel, NJ 08054, (856) 787– 

7752, Victoria.Fekete@nj.usda.gov. 

New Mexico 

Jesse Bopp, USDA Rural Development, 6200 

Jefferson Street, NE., Room 255, 

Albuquerque, NM 87109, (505) 761–4952, 

Jesse.bopp@nm.usda.gov. 

New York 

Thomas Hauryski, USDA Rural Development, 

415 West Morris Street, Bath, NY 14810, 

(607) 776–7398 Ext. 132, 

Thomas.Hauryski@ny.usda.gov. 

North Carolina 

David Thigpen, USDA Rural Development, 

4405 Bland Rd. Suite 260, Raleigh, N.C. 

27609, 919–873–2065, 

David.Thigpen@nc.usda.gov. 

North Dakota 

Dennis Rodin, USDA Rural Development, 

Federal Building, Room 208, 220 East 

Rosser Avenue, P.O. Box 1737, Bismarck, 

ND 58502–1737, (701) 530–2068, 

Dennis.Rodin@nd.usda.gov. 

Ohio 

Randy Monhemius, USDA Rural 

Development, Federal Building, Room 507, 

200 North High Street, Columbus, OH 

43215–2418, (614) 255–2424, 

Randy.Monhemius@oh.usda.gov. 

Oklahoma 

Jody Harris, USDA Rural Development, 100 

USDA, Suite 108, Stillwater, OK 74074– 

2654, (405) 742–1036, 

Jody.harris@ok.usda.gov. 

Oregon 

Don Hollis, USDA Rural Development, 1229 

SE Third Street, Suite A, Pendleton, OR 

97801–4198, (541) 278–8049, Ext. 129, 

Don.Hollis@or.usda.gov. 

Pennsylvania 

Bernard Linn, USDA Rural Development, 

One Credit Union Place, Suite 330, 

Harrisburg, PA 17110–2996, (717) 237– 

2182, Bernard.Linn@pa.usda.gov. 

Puerto Rico 

Luis Garcia, USDA Rural Development, IBM 

Building, 654 Munoz Rivera Avenue, Suite 

601, Hato Rey, PR 00918–6106, (787) 766– 

5091, Ext. 251, Luis.Garcia@pr.usda.gov. 

Republic of Palau (See Hawaii) 

Republic of the Marshall Islands (See Hawaii) 

Rhode Island (See Massachusetts) 

South Carolina 

Shannon Legree, USDA Rural Development, 

Strom Thurmond Federal Building, 1835 

Assembly Street, Room 1007, Columbia, SC 

29201, (803) 765–5881, 

Shannon.Legree@sc.usda.gov. 

South Dakota 

Douglas Roehl, USDA Rural Development, 

Federal Building, Room 210, 200 4th 

Street, SW., Huron, SD 57350, (605) 352– 

1145, doug.roehl@sd.usda.gov. 

Tennessee 

Will Dodson, USDA Rural Development, 

3322 West End Avenue, Suite 300, 

Nashville, TN 37203–1084, (615) 783– 

1350, will.dodson@tn.usda.gov. 

Texas 

Daniel Torres, USDA Rural Development, 

Federal Building, Suite 102, 101 South 

Main Street, Temple, TX 76501, (254) 742– 

9756, Daniel.Torres@tx.usda.gov. 

Utah 

Roger Koon, USDA Rural Development, 

Wallace F. Bennett Federal Building, 125 

South State Street, Room 4311, Salt Lake 

City, UT 84138, (801) 524–4301, 

Roger.Koon@ut.usda.gov. 

Vermont/New Hampshire 

Cheryl Ducharme, USDA Rural Development, 

89 Main Street, 3rd Floor, Montpelier, VT 

05602, 802–828–6083, 

cheryl.ducharme@vt.usda.gov. 

Virginia 

Laurette Tucker, USDA Rural Development, 

Culpeper Building, Suite 238, 1606 Santa 

Rosa Road, Richmond, VA 23229, (804) 

287–1594, Laurette.Tucker@va.usda.gov. 

Virgin Islands (See Florida) 

Washington 

Mary Traxler, USDA Rural Development, 

1835 Black Lake Blvd. SW., Suite B, 

Olympia, WA 98512, (360) 704–7762, 

Mary.Traxler@wa.usda.gov. 

West Virginia 

Richard E. Satterfield, USDA Rural 

Development, 75 High Street, Room 320, 

Morgantown, WV 26505–7500, (304) 284– 

4874, Richard.Satterfield@wv.usda.gov. 

Wisconsin 

Brenda Heinen, USDA Rural Development, 

4949 Kirschling Court, Stevens Point, WI 

54481, (715) 345–7615, Ext. 139, 

Brenda.Heinen@wi.usda.gov. 

Wyoming 

Jon Crabtree, USDA Rural Development, Dick 

Cheney Federal Building, 100 East B Street, 

Room 1005, P.O. Box 11005, Casper, WY 

82602, (307) 233–6719, 

Jon.Crabtree@wy.usda.gov. 

FOR FURTHER INFORMATION CONTACT: For 

information about this Notice, please 

contact the Energy Branch, USDA Rural 

Development, STOP 3225, Room 6870, 

1400 Independence Avenue, SW., 

Washington, DC 20250–3225. 

Telephone: (202) 720–1400. 

For assistance on energy audit and 

renewable energy development 

assistance grants, please contact the 

applicable Rural Development’s Rural 

Energy Coordinator, as provided in the 

Addresses section of this Notice. 

SUPPLEMENTARY INFORMATION: 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995, USDA Rural 

Development will seek OMB approval of 

the reporting and recordkeeping 

requirements contained in this Notice 

and hereby opens a 60-day public 

comment period. 

Title: Energy Audit and Renewable 

Energy Development Assistance under 

the Rural Energy for America Program. 

Type of Request: New collection. 

Abstract: The Agency is providing 

grants to eligible applicants for the 

provision of energy audits and 

renewable energy development 

assistance to agricultural producers and 

rural small businesses. 

The collection of information is vital 

to the Agency to make wise decisions 

regarding the eligibility of applicants 

and their projects in order to ensure 

compliance with agency provisions and 

is necessary in order to implement these 

provisions for energy audits and 

renewable energy development 

assistance. 

The following estimates are based on 

the average over the first three years 

these activities are funded. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 1.4 hours per 

response. 

Respondents: Agricultural producers 

and rural small businesses. 

Estimated Number of Respondents: 53 

Estimated Number of Responses per 

Respondent: 15 

Estimated Number of Responses: 865 

Estimated Total Annual Burden 

(hours) on Respondents: 1104 


rwilkins on PROD1PC63 with NOTICES
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Copies of this information collection 

may be obtained from Cheryl 

Thompson, Regulations and Paperwork 

Management Branch, at (202) 692–0043. 

Comments 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of Rural Development, 

including whether the information will 

have practical utility; (b) the accuracy of 

Rural Development’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 

on those who are to respond, including 

through the use of appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology. Comments may be sent to 

Cheryl Thompson, Regulations and 

Paperwork Management Branch, 

Support Services Division, U.S. 

Department of Agriculture, Rural 

Development, STOP 0742, 1400 

Independence Ave., SW., Washington, 

DC 20250. All responses to this Notice 

will be summarized and included in the 

request for OMB approval. All 

comments will also become a matter of 

public record. 

Overview Information 

Federal Agency Name. Rural 

Business-Cooperative Service. 

Funding Opportunity Title. Energy 

Audit and Renewable Energy 

Development Assistance under the 

Rural Energy for America Program. 

Announcement Type. Initial 

announcement. 

Catalog of Federal Domestic 

Assistance (CFDA) Number. These 

activities under the Rural Energy for 

America Program are listed in the 

Catalog of Federal Domestic Assistance 

under Number 10.868. 

Dates. Applications must be 

completed and received in the 

appropriate United States Department of 

Agriculture (USDA) Rural Development 

State Office no later than 4:30 p.m. local 

time June 9, 2009. Applications received 

after 4:30 p.m. local time June 9, 2009, 

regardless of the application’s postmark, 

will be returned to the applicant with 

no action. 

Availability of Notice. This Notice is 

available on the USDA Rural 

Development Web site at http:// 

www.rurdev.usda.gov/rbs/farmbill/ 

index.html. 

I. Funding Opportunity Description 

A. Purpose. This Notice is issued 

pursuant to section 9001 of the Food, 

Conservation, and Energy Act of 2008 

(2008 Farm Bill), which amends section 

9006 of the Farm Security and Rural 

Investment Act of 2002 (FSRIA), which 

establishes the Rural Energy for America 

Program under section 9006 of FSRIA. 

The 2008 Farm Bill requires the 

Secretary of Agriculture to create a 

program to make grants to units of State, 

tribal or local government, land-grant 

colleges, universities, or other 

institutions of higher education 

(including 1994 Land Grant (Tribal 

Colleges) and 1890 Land Grant Colleges 

and Historically Black Universities), 

rural electric cooperatives or public 

power entities to assist agricultural 

producers and rural small businesses by 

conducting energy audits and providing 

recommendations and information on 

renewable energy development 

assistance and improving energy 

efficiency. These projects (energy audits 

and renewable energy development 

assistance) are designed to help 

agricultural producers and rural small 

businesses reduce energy costs and 

consumption and help meet the nation’s 

critical energy needs. The 2008 Farm 

Bill mandates that the recipient of a 

grant that conducts an energy audit for 

an agricultural producer or a rural small 

business require the agricultural 

producer or rural small business to pay 

at least 25 percent of the cost of the 

energy audit, which shall be retained by 

the eligible entity for the cost of the 

audit. 

B. Statutory Authority. These 

activities (energy audits and renewable 

energy development assistance) are 

found in the Rural Energy for America 

Program, which is authorized under 

Title IX, Section 9001, of the Food, 

Conservation, and Energy Act of 2008 

(Pub. L. 110–234). 

C. Definition of Terms. The following 

definitions are applicable to this Notice. 

Administrator. The Administrator of 

Rural Business-Cooperative Service 

within the Rural Development Mission 

Area of the U.S. Department of 

Agriculture. 

Agricultural producer. An individual 

or entity directly engaged in the 

production of agricultural products, 

including crops (including farming); 

livestock (including ranching); forestry 

products; hydroponics; nursery stock; or 

aquaculture, whereby 50 percent or 

greater of their gross income is derived 

from the operations. 

Departmental regulations. The 

regulations of the Department of 

Agriculture’s Office of Chief Financial 

Officer (or successor office) as codified 

in 7 CFR parts 3000 through 3099, 

including but not necessarily limited to 

7 CFR parts 3015 through 3019, 7 CFR 

part 3021, and 7 CFR part 3052, and 

successor regulations to these parts. 

Energy audit. An audit conducted by 

a certified energy manager or 

professional engineer that focuses on 

potential capital-intensive projects and 

involves detailed gathering of field data 

and engineering analysis. The audit will 

provide detailed project costs and 

savings information with a high level of 

confidence sufficient for major capital 

investment decisions similar to, but in 

more detail, than an energy assessment. 

Energy efficiency hydropower 

projects. Projects that improve the 

efficiency of an existing hydropower 

system, such as replacement equipment. 

Hydropower. Energy created by use of 

various types of moving water 

including, but not limited to, ocean 

movement (tidal, wave, current, or 

thermal changes); diverted run-of-river 

water; in-stream run-of-river water; inconduit water; or geothermally heated 

surface water. 

Institution of higher education. As 

defined in 20 U.S.C. 1002(a). 

Post-application. The period of time 

after the Agency has received a 

complete application. A complete 

application is an application that 

contains all parts necessary for the 

Agency to determine applicant and 

project eligibility, to score the 

application, and to conduct the 

technical evaluation. 

Public power entity. Is defined using 

the definition of state utility as defined 

in section 217(A)(4) of the Federal 

Power Act (16 U.S.C. 824q(a)(4)). As of 

this writing, the definition is a State or 

any political subdivision of a State, or 

any agency, authority, or 

instrumentality of any one or more of 

the foregoing, or a corporation that is 

wholly owned, directly or indirectly, by 

any one or more of the foregoing, 

competent to carry on the business of 

developing, transmitting, utilizing, or 

distributing power. 

Qualified consultant. An 

independent, third-party possessing the 

knowledge, expertise, and experience to 

perform in an efficient, effective, and 

authoritative manner the specific task 

required. 

Rated power. The amount of energy 

that can be created at any given time. 

Renewable biomass. 

(i) Materials, pre-commercial 

thinnings, or invasive species from 

National Forest System land and public 

lands (as defined in section 103 of the 

Federal Land Policy and Management 

Act of 1976 (43 U.S.C. 1702)) that: 


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10536 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices 

(A) Are byproducts of preventive 

treatments that are removed to reduce 

hazardous fuels; to reduce or contain 

disease or insect infestation; or to 

restore ecosystem health; 

(B) would not otherwise be used for 

higher-value products; and 

(C) are harvested in accordance with 

applicable law and land management 

plans and the requirements for oldgrowth maintenance, restoration, and 

management direction of paragraphs 

(e)(2), (e)(3), and (e)(4) and large-tree 

retention of paragraph (f) of section 102 

of the Healthy Forests Restoration Act of 

2003 (16 U.S.C. 6512); or 

(ii) any organic matter that is available 

on a renewable or recurring basis from 

non-Federal land or land belonging to 

an Indian or Indian tribe that is held in 

trust by the United States or subject to 

a restriction against alienation imposed 

by the United States, including: 

(A) Renewable plant material, 

including feed grains; other agricultural 

commodities; other plants and trees; 

and algae; and 

(B) waste material, including crop 

residue; other vegetative waste material 

(including wood waste and wood 

residues); animal waste and byproducts 

(including fats, oils, greases, and 

manure); and food waste and yard 

waste. 

Renewable energy. Energy derived 

from: 

(i) A wind, solar, renewable biomass, 

ocean (including tidal, wave, current, 

and thermal), geothermal or 

hydroelectric source; or 

(ii) hydrogen derived from renewable 

biomass or water using wind, solar, 

ocean (including tidal, wave, current, 

and thermal), geothermal or 

hydroelectric energy sources. 

Renewable Energy Development 

Assistance. Assistance provided by 

eligible grantees to assist agricultural 

producers and rural small businesses to 

become more energy efficient and to use 

renewable energy technologies and 

resources. This includes provision of 

client specific reports detailing the 

current/projected energy usage/needs 

for the site and the amount and quality 

of renewable energy resource(s) 

available for the subject site facility. 

(Information regarding residential 

dwellings at any site will not be 

included in such reports.) It also 

includes client debriefing regarding the 

report and provision of information 

regarding the use of appropriate 

renewable technologies at subject sites. 

Renewable energy hydropower 

project. A new energy generation project 

that uses moving water as the feedstock 

equivalent. 

Rural or rural area. Any area of a 

State not in a city or town that has a 

population of more than 50,000 

inhabitants, according to the latest 

decennial census of the United States, 

and the contiguous and adjacent 

urbanized area. For the purposes of this 

definition, cities and towns are 

incorporated population centers with 

definite boundaries, local selfgovernment, and legal powers set forth 

in a charter granted by the State. For 

Puerto Rico, Census Designated Place 

(CDP), as defined by the U.S. Census 

Bureau, will be used as the equivalent 

to city or town. For the purpose of 

defining a rural area in the Republic of 

Palau, the Federated States of 

Micronesia, and the Republic of the 

Marshall Islands, the Agency shall 

determine what constitutes rural and 

rural area based on available population 

data. 

Small business. An entity considered 

a small business in accordance with the 

U.S. Small Business Administration’s 

(SBA) small business size standards 

found in Title 13 CFR part 121. A 

private entity, including a sole 

proprietorship, partnership, 

corporation, cooperative (including a 

cooperative qualified under section 

501(c)(12) of the Internal Revenue 

Code), and an electric utility, including 

a Tribal or governmental electric utility, 

that provides service to rural consumers 

on a cost-of-service basis without 

support from public funds or subsidy 

from the Government authority 

establishing the district, provided such 

utilities meet SBA’s definition of small 

business. These entities must operate 

independently of direct Government 

control. With the exception of the 

entities described above, all other nonprofit entities are excluded. 

Small hydropower. A hydropower 

project for which the rated power of the 

system is 30 megawatts or less. 

II. Funding Information 

A. Available Funds. The amount of 

funds available for energy audits and 

renewable energy development 

assistance in FY 2009 will be up to 4 

percent of the funds made available to 

the Rural Energy for America Program. 

B. Number of Grants. The number of 

grants will depend on the number of 

eligible applicants participating in 

conducting energy audits and providing 

renewable energy development 

assistance. 

C. Range of Amounts of Each Grant. 

To ensure applications for energy audits 

and renewable energy development 

assistance will allow the maximum 

number of States to benefit from these 

projects under the Rural Energy for 

America Program, grants awarded to a 

single applicant will be limited to no 

more than $100,000 under this Notice. 

D. Type of Instrument. Grant. 

III. Eligibility Information 

Eligibility requirements for energy 

audit and renewable energy 

development assistance grants under the 

Rural Energy for America Program are: 

A. Applicant eligibility. To be eligible 

for an energy audit grant or a renewable 

energy development assistance grant 

under the Rural Energy for America 

Program, the applicant must meet each 

of the criteria, as applicable, set forth in 

paragraphs (1) through (4) in this 

section. The Agency will determine an 

applicant’s eligibility. 

(1) Type of applicant. The applicant 

must be one of the following: 

(i) A unit of State, tribal or local 

government; 

(ii) a land-grant college, a university, 

or an other institution of higher 

education; 

(iii) a rural electric cooperative; or 

(iv) a public power entity. 

(2) Citizenship. To be eligible, 

applicants, owned by private persons, 

must be at least 51 percent owned by 

persons who are either: 

(i) Citizens of the United States (U.S.), 

the Republic of Palau, the Federated 

States of Micronesia, the Republic of the 

Marshall Islands, or American Samoa; 

or 

(ii) legally admitted permanent 

residents residing in the U.S. 

(3) Capacity to perform. The applicant 

must have sufficient capacity to perform 

the activities proposed in the 

application to ensure success. The 

Agency will make this assessment based 

on the information provided in the 

application. 

(4) Legal authority and responsibility. 

Each applicant must have, or obtain, the 

legal authority necessary to carry out the 

purpose of the grant. 

(5) Ineligible applicants. Consistent 

with Department regulations, an 

applicant is ineligible if it is debarred or 

suspended or is otherwise excluded 

from or ineligible for participation in 

Federal assistance programs. Applicants 

will also be considered ineligible for a 

grant if they have an outstanding 

Federal judgment (other than one 

obtained in the U.S. Tax Court), are 

delinquent on the payment of Federal 

income taxes, or are delinquent on 

Federal debt. 

B. Project Eligibility. 

To be eligible for an energy audit or 

a renewable energy development 

assistance grant, the grant funds for a 

project must be used by the grant 

recipient to assist agricultural producers 


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or rural small businesses in one or both 

of the purposes specified in paragraphs 

(1) and (2) below and shall also comply 

with paragraph (3) and, if applicable, 

paragraph (4). 

(1) Conducting and promoting energy 

audits that meet the requirements of the 

energy audit as defined in this Notice 

and that cover all of the following: 

(i) Provision of situation reports. 

Include a narrative description of the 

facility or process being audited; its 

energy system(s) and usage; and activity 

profile. Also include the price per unit 

of energy (electricity, natural gas, 

propane, fuel oil, renewable energy, 

etc.) paid by the customer over the 

previous 12 months from the date of the 

audit. Any energy conversion data 

should be based on use and source. 

(ii) Potential improvements. List 

specific information regarding all 

potential energy-saving opportunities 

and the associated cost. 

(iii) Technical analysis. Discuss the 

possible interactions of the potential 

improvements with existing energy 

systems. 

(A) Estimate the annual energy and 

energy costs savings expected from each 

possible improvement recommended for 

the potential project. 

(B) Estimate all direct and attendant 

indirect costs of each improvement. 

(C) Rank potential improvement 

measures by cost-effectiveness. 

(iv) Potential improvement 

description. Provide a narrative 

summary of the potential improvement 

and its ability to provide needed 

benefits, including a discussion of 

nonenergy benefits such as project 

reliability and durability. 

(A) Provide preliminary specifications 

for critical components. 

(B) Provide preliminary drawings of 

project layout, including any related 

structural changes. 

(C) Document baseline data compared 

to projected consumption, together with 

any explanatory notes. When 

appropriate, show before-and-after data 

in terms of consumption per unit of 

production, time or area. Include at least 

1 year’s bills for those energy sources/ 

fuel types affected by this project. Also 

submit utility rate schedules, if 

appropriate. 

(D) Identify significant changes in 

future related operations and 

maintenance costs, including personhours. 

(E) Describe explicitly how outcomes 

will be measured annually. 

(2) Conducting and promoting 

renewable energy development 

assistance by providing to agricultural 

producers and rural small businesses 

recommendations and information on 

how to improve the energy efficiency of 

their operations and to use renewable 

energy technologies and resources in 

their operations. 

(3) Because the grants addressed in 

this Notice are under the Rural Energy 

for America Program, energy audit 

assistance and renewable energy 

development assistance can be provided 

only to facilities located in rural areas. 

(4) For the purposes of this Notice, 

only hydropower projects with a rated 

power of 30 megawatts or less are 

eligible for energy audits and renewable 

energy development assistance. The 

Agency refers to these hydropower 

sources as ‘‘small hydropower,’’ which 

includes hydropower projects 

commonly referred to as ‘‘microhydropower’’ and ‘‘mini-hydropower.’’ 

IV. Application and Submission 

Information 

A. Address To Request Application 

Applicants may obtain applications 

from Rural Development Rural Energy 

Coordinators, as provided in the 

Addresses section of this Notice. 

Applicants planning to apply 

electronically must visit http:// 

www.grants.gov and follow the 

instructions. 

B. Content and Form of Submission 

Applicants must submit an original 

and one copy of the application to the 

Rural Development State Office in 

which the applicant’s principal office is 

located. Applicants must submit 

complete applications, consisting of the 

following elements, in order to be 

considered. 

(1) Form SF 424, Application for 

Federal Assistance; 

(2) Form SF–424A, Budget 

Information—Non-Construction 

Programs; 

(3) Form SF–424B, Assurances—NonConstruction Programs; 

(4) If an entity, copies of applicant’s 

organizational documents showing the 

applicant’s legal existence and authority 

to perform the activities under the grant; 

(5) A proposed scope of work, 

including a description of the proposed 

project, details of the proposed activities 

to be accomplished and timeframes for 

completion of each task, the number of 

months duration of the project, and the 

estimated time it will take from grant 

approval to beginning of project 

implementation. A written narrative to 

be used as the scope of work which 

includes, at a minimum, the following 

items: 

(i) An Executive Summary; 

(ii) The plan and schedule for 

implementation; 

(iii) The anticipated number of 

agricultural producers and/or rural 

small businesses to be served; 

(iv) An itemized budget—compute 

total cost per rural small business or 

agricultural producer served—matching 

funds should be clearly identified as 

cash; 

(v) The geographic scope of the 

proposed project; 

(vi) Applicant experience as follows: 

(A) If applying for a Renewable 

Energy Development Assistance grant, 

the applicant’s experience in 

completing similar renewable energy 

development assistance activities, 

including the number of similar projects 

the applicant has performed and the 

number of years the applicant has been 

performing a similar service. 

(B) If applying for an Energy Audit 

grant, the number of energy audits and 

assessments the applicant has 

completed and the number of years the 

applicant has been performing those 

services; 

(C) For all applicants, the amount of 

experience in administering these or 

similar activities using State or Federal 

support. 

(vii) Applicant’s resources, including 

personnel, finances, and technology, to 

complete what is proposed. If 

submitting in multiple states, resources 

must be sufficient to complete all 

projects; 

(viii) Leveraging and commitment of 

other sources of funding being brought 

to the project (in addition to the 

required 25 percent contribution from 

the agricultural producer or rural small 

business for the cost of an energy audit). 

Leveraged funds should be clearly 

identified as cash and the source. 

Written documentation/confirmation 

from the party committing a specific 

amount of leveraged funds is required; 

(ix) Outreach activities/marketing 

efforts specific to conducting energy 

audit and renewable energy 

development assistance including: 

(A) Project title; 

(B) goals of the project; 

(C) identified need; 

(D) target audience; 

(E) timeline and type of activities/ 

action plan; and 

(F) marketing strategies. 

(x) Method and rationale used to 

select the areas and businesses that will 

receive the service; 

(xi) Brief description of how the work 

will be performed, including whether 

organizational staff, consultants, or 

contractors will be used; 

(6) The most recent financial audit 

(not more than 18 months old) of the 

entity, or subdivision thereof, that will 

be performing the proposed work. If 


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such an audit is not available, the latest 

financial information that shows the 

financial capacity of the entity, or 

subdivision thereof, to perform the 

proposed work. Such information may 

include, but not be limited to, the most 

recent year-end balance sheet, income 

statement, and other appropriate data 

that identifies the entity’s resources; 

(7) Except for applicants who are 

individuals, a Dun and Bradstreet Data 

Universal Numbering System (DUNS) 

number; and 

(8) Intergovernmental review 

comments from the State Single Point of 

Contact, or evidence that the State has 

elected not to review the project under 

Executive Order 12372. 

C. Submission Dates, Times, and 

Addresses 

Complete applications must be 

received in the appropriate USDA Rural 

Development State Office no later than 

4:30 pm local time June 9, 2009. Neither 

incomplete applications nor complete 

applications received after this date and 

time will be considered, regardless of 

the postmark on the application. 

Applicants may submit their 

applications either to the Rural 

Development Rural Energy Coordinator 

in the State in which the applicant’s 

principal office is located or via 

grants.gov. A list of Rural Development 

Rural Energy Coordinators is provided 

in the Addresses section of this Notice. 

D. Intergovernmental Review 

The Rural Energy for America 

Program is subject to the provisions of 

the Executive Order 12372, which 

requires intergovernmental consultation 

with State and local officials. 

E. Funding Limitations 

Grant funds awarded for energy audit 

and renewable energy development 

assistance projects may be used only to 

pay eligible project costs, as described 

in paragraph (1) below. Grant funds 

awarded for energy audits and 

renewable energy development 

assistance projects are prohibited from 

being used to pay costs associated with 

the items listed in paragraph (2) below. 

(1) Eligible project costs. Eligible 

project costs are those post application 

expenses directly related to conducting 

and promoting energy audits and 

renewable energy development 

assistance, which include but are not 

limited to: 

(i) Salaries directly or indirectly 

related to the project; 

(ii) Travel expenses directly related to 

conducting energy audits or renewable 

energy development assistance, as well 

as outreach and marketing activities; 

(iii) Office supplies (e.g. paper, pens, 

file folders); and 

(iv) Administrative expenses, up to a 

maximum of 5 percent of the grant, 

which include but are not limited to: 

(A) Utilities; 

(B) office space; and 

(C) office equipment (e.g. computers, 

printers, copiers, scanners). 

(2) Ineligible grant purposes. Grant 

funds may not be used to: 

(i) Pay any costs of preparing the 

application package for funding under 

this Notice; 

(ii) Pay any costs of the project 

incurred prior to the application date of 

the grant made under this Notice; 

(iii) Fund political or lobbying 

activities; 

(iv) Pay for assistance to any private 

business enterprise which does not have 

at least 51 percent ownership by those 

who are either citizens of the United 

States or who reside in the United States 

after being legally admitted for 

permanent residence; and 

(v) Pay any judgment or debt owed to 

the United States. 

(3) Funding limitations. The following 

funding limitations apply. 

(i) Maximum grant amount. The 

maximum aggregate amount of grants 

awarded to any one recipient under this 

Notice cannot exceed $100,000. 

(ii) Energy audits. A recipient of a 

grant under this Notice that conducts an 

energy audit shall require that, as a 

condition of the energy audit, the 

agricultural producer or rural small 

business pay at least 25 percent of the 

cost of the energy audit. Further, the 

amount paid by the agricultural 

producer or rural small business will be 

retained by the recipient as a 

contribution towards the cost of the 

energy audit. 

V. Grant Provisions 

This section identifies the process and 

procedures the Agency will use to 

process and select applications, award 

grants, and administer grants. 

A. Processing and Scoring Applications 

(1) Application review. Upon receipt 

of an application, the Agency will 

conduct a review to determine if the 

applicant and project are eligible. The 

Agency will notify the applicant in 

writing of the Agency’s findings. If the 

Agency has determined that either the 

applicant or project is ineligible, it will 

include in the notification the reason(s) 

for its determination(s). 

(2) Incomplete applications. 

Incomplete applications will be 

rejected. Applicants will be informed of 

the elements that made the application 

incomplete. If a resubmitted application 

is received by the applicable application 

deadline, the Agency will reconsider the 

application. 

(3) Subsequent ineligibility 

determinations. If at any time an 

application is determined to be 

ineligible, the Agency will notify the 

applicant in writing of its 

determination, and processing of the 

application will cease. 

(4) Application withdrawal. During 

the period between the submission of an 

application and the execution of 

documents, the applicant must notify 

the Agency, in writing, if the project is 

no longer viable or the applicant no 

longer is requesting financial assistance 

for the project. When the applicant so 

notifies the Agency, the selection will 

be rescinded or the application 

withdrawn. 

(5) Application deadline. Each 

complete and eligible application 

received by the applicable Rural 

Development State office by 4:30 pm 

local time June 9, 2009 will be scored. 

Any application received by the 

applicable Rural Development State 

office after 4:30 p.m. local time June 9, 

2009, will not be considered. 

(6) Scoring. The Agency will score 

each application using the following 

criteria, with a maximum score of 100 

points possible. 

(i) Project proposal (maximum score 

of 10 points). The applicant will be 

scored based on its in-house ability to 

conduct audits versus using third party 

auditing organizations as illustrated in 

the application. 

(A) If the applicant proposes to use at 

least 51% of the awarded funding to 

employ internal, qualified auditors and/ 

or renewable energy specialists for 

program implementation, up to 10 

points will be awarded as follows: 

(i) If the percentage is between 51% 

and 75%, 5 points will be awarded. 

(ii). If the percentage is more than 

75%, 10 points will be awarded. 

(B) If the applicant proposes to use 

less than 51% of the awarded funding 

to employ internal, qualified auditors 

and/or renewable energy specialists for 

program implementation, zero points 

will be awarded. 

(ii) Use of Grant Funds for 

Administrative Expenses (maximum 

score of 10 points). Grantees selected to 

participate may use up to 5 percent of 

their award for administrative expenses. 

(A) If the applicant proposes to use 

none of the grant funds for 

Administrative Expenses, 10 points will 

be awarded. 

(B) If the applicant proposes to use a 

portion (up to 5%) of the grant funds for 

Administrative Expenses, zero points 

will be awarded. 


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(iii) Applicant’s organizational 

experience in completing proposed 

activity (maximum score of 15 points). 

The applicant will be scored on the 

experience of the organization in 

meeting the benchmarks below. This 

means that an organization must have 

been in business and provided services 

as noted in the scoring requirements. An 

organization’s experience must be 

documented with references and 

resumes. Points will be awarded as 

follows: 

(A) More than 3 years of experience, 

15 points will be awarded. 

(B) At least 2 years and up to and 

including 3 years of experience, 10 

points will be awarded. 

(C) At least 1 year and up to 2 years 

of experience, 5 points will be awarded. 

(D) Less than 1 year of experience, 0 

points will be awarded. 

(iv) Geographic scope of project in 

relation to identified need (maximum 

score of 10 points) 

(A) If the applicant’s proposed or 

existing rural service area is State-wide 

or includes all or parts of multiple 

states, and the marketing and outreach 

plan has identified needs throughout 

that service area, 10 points will be 

awarded. 

(B) If the applicant’s proposed or 

existing rural service area consists of 

multiple counties in a single State and 

the marketing and outreach plan has 

identified needs throughout that service 

area, 7.5 points will be awarded. 

(C) If the applicant’s rural service area 

consists of a single county or 

municipality and the marketing and 

outreach plan has identified needs 

throughout that service area, 5 points 

will be awarded. 

(v) Number of agricultural producers/ 

rural small businesses to be served 

(maximum score of 15 points). 

(A) If the applicant plans to provide 

audits to ultimate recipients with 

average audit costs of $1,000 or less, 15 

points will be awarded. 

(B) If the applicant plans to provide 

audits to ultimate recipients with 

average audit costs over $1,000 but less 

than $1,500, 10 points will be awarded. 

(C) If the applicant plans to provide 

audits to ultimate recipients with 

average audit costs of $1,500 but less 

than $2,000, 5 points will be awarded. 

(vi) Potential of project to produce 

energy savings and its attending 

environmental benefits (maximum score 

of 25 points). Applicants can be 

awarded points under both paragraphs 

(vi)(A) and (B). 

(A) If the applicant has an existing 

program that can demonstrate the 

achievement of energy savings with the 

agricultural producers and/or rural 

small businesses it has served, 13 points 

will be awarded. 

(B) If the applicant provides evidence 

that it has received awards in 

recognition for its renewable energy, 

energy savings, or energy-based 

educational programming, up to 12 

points will be awarded based on 

number and rigorousness of the 

competition for each award. 

(vii) Marketing and outreach plan 

(maximum of 10 points). If the applicant 

includes in the application a marketing 

and outreach plan and provides a 

satisfactory discussion of each of the 

following criteria, two points for each of 

the following will be awarded: 

(A) The goals of the project; 

(B) Identified need; 

(C) Target beneficiaries; 

(D) Timeline and action plan; and 

(E) Marketing strategies and 

supporting data for strategies. 

(viii) Level and commitment of other 

funds for the project (not including the 

25 percent required contribution from 

ultimate recipients for the cost of an 

energy audit) (maximum score of 5 

points). 

(A) If the applicant proposes to 

leverage grant funding with 50% or 

more in non-State and non-federal 

government matching funds for the 

subject grant, and has a written 

commitment for those funds, 5 points 

will be awarded. 

(B) If the applicant proposes leverage 

grant funding with less than 50% but 

more than 20% in non-State and nonfederal government matching funds for 

the subject grant, and has a written 

commitment for those funds, 2 points 

will be awarded. 

(C) If the applicant proposes less than 

20% in non-State and non-federal 

government matching funds, 0 points 

will be awarded. 

B. Award Process 

(1) Ranking of applications. All 

scored applications will be ranked by 

the Agency as soon after the application 

deadline as possible. All applications 

that are ranked will be considered for 

selection for funding. 

(2) Selection of applications for 

funding. Using the ranking created 

under paragraph B(1) of this section, the 

Agency will consider the score an 

application has received compared to 

the scores of other applications in the 

priority list, with higher scoring 

applications receiving first 

consideration for funding. 

(i) If after the majority of applications 

have been funded, insufficient funds 

remain to fund the next highest scoring 

application, the Agency may elect to 

fund a lower scoring application. Before 

this occurs, the Administrator, as 

applicable, will provide the applicant of 

the higher scoring application the 

opportunity to reduce the amount of its 

grant request to the amount of funds 

available. If the applicant agrees to 

lower its grant request, it must certify 

that the purposes of the project can be 

met, and the Administrator must 

determine the project is financially 

feasible at the lower amount. 

(ii) The Agency will notify, in writing, 

applicants whose applications have 

been selected for funding. 

(3) Disposition of ranked applications 

not funded. Based on the availability of 

funding, a ranked application may not 

be funded in the fiscal year in which it 

was submitted. Such ranked 

applications will not be carried forward 

into the next fiscal year and the Agency 

will notify the applicant in writing. 

(4) Intergovernmental review. If State 

or local governments raise objections to 

a proposed project under the 

intergovernmental review process that 

are not resolved within 90 days of the 

Agency’s selection of the application, 

the Agency will rescind the selection 

and will provide the applicant with a 

written notice to that effect. The 

Agency, in its sole discretion, may 

extend the 90-day period if it appears 

resolution is imminent. 

C. Actions Prior to Grant Closing 

(1) Changes in project cost or scope. 

If there is a significant reduction in 

project cost or changes in project scope, 

the applicant’s funding needs, 

eligibility, and scoring, as applicable, 

will be reassessed. Decreases in Agency 

funds will be based on revised project 

costs and other selection factors; 

however, other factors, including 

Agency regulations used at the time of 

grant approval, will remain the same. 

Obligated grant funds not needed to 

complete the project will be deobligated. 

(2) Evidence of and disbursement of 

other funds. Applicants expecting funds 

from other sources for use in completing 

projects being partially financed with 

Agency funds must have these funds 

from other such sources prior to grant 

closing. Agency funds will not be 

expended in advance of funds 

committed to the project from other 

sources without prior Agency approval. 

D. Letter of Conditions and Grant 

Agreement 

(1) Letter of conditions. The Agency 

will notify the approved applicant in 

writing, setting out the conditions under 

which the grant will be made. The 

notice will include those matters 

necessary to ensure that the proposed 


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grant is completed in accordance with 

the terms of the scope of work and 

budget, that grant funds are expended 

for authorized purposes, and that the 

applicable requirements prescribed in 

the relevant Department regulations are 

complied with. The Letter of Conditions 

will be sent to the applicant. 

(2) Applicant’s intent to meet 

conditions. Upon reviewing the 

conditions and requirements in the 

letter of conditions, the applicant must 

complete, sign, and return a Form RD 

1942–46, ‘‘Letter of Intent to Meet 

Conditions,’’ to the Agency; or if certain 

conditions cannot be met, the applicant 

may propose alternate conditions to the 

Agency. The Agency must concur with 

any changes proposed to the letter of 

conditions by the applicant before the 

application will be further processed. 

(3) Grant agreement, forms, and 

certifications. Prior to grant approval, 

the applicant must complete, sign, and 

return a grant agreement (published at 

the end of this Notice). In addition, the 

following forms and certifications must 

be submitted prior to grant approval: 

(A) Form RD 1942–46;’’ 

(B) Form AD–1047, ‘‘Certification 

Regarding Debarment, Suspension, and 

Other Responsibility Matters—Primary 

Covered Transactions;’’ 

(C) Form AD–1048, ‘‘Certification 

Regarding Debarment, Suspension, 

Ineligibility and Voluntary Exclusion— 

Lower Tier Covered Transactions,’’ 

including certification from any person 

or entity you do business with as a 

result of this government assistance that 

they are not debarred or suspended from 

government assistance; 

(D) Form AD–1049, ‘‘Certification 

Regarding Drug-Free Workplace 

Requirements (Grants) Alternative I— 

For Grantees Other Than Individuals;’’ 

(E) Form SF–LLL, ‘‘Disclosure Form 

to Report Lobbying’’ or Exhibit A–1 of 

RD Instruction 1940–Q, ‘‘Certification 

for Contracts, Grants, and Loans;’’ and 

(F) Form RD 400–4, ‘‘Assurance 

Agreement.’’ 

(4) Grant approval. Form RD 1940–1 

must be signed by the applicant. 

(i) The applicant will be sent a copy 

of the executed Form RD 1940–1, the 

approved scope of work, and a grant 

agreement (published at the end of this 

Notice). The grant will be considered 

closed on the obligation date. 

(ii) The grantee must abide by all 

requirements contained in the Grant 

Agreement, this Notice, and any other 

applicable Federal statutes or 

regulations. Failure to follow these 

requirements may result in termination 

of the grant and adoption of other 

available remedies. 

E. Fund Disbursement 

The Agency will determine, based on 

the applicable Departmental regulations, 

whether disbursement of a grant will be 

by advance or reimbursement. A SF– 

270, ‘‘Request for Advance or 

Reimbursement,’’ must be completed by 

the grantee and submitted to the Agency 

no more often than monthly to request 

either advance or reimbursement of 

funds. Upon receipt of a properly 

completed SF–270, the funds will be 

requested through the field office 

terminal system. Ordinarily, payment 

will be made within 30 days after 

receipt of a proper request for advance 

or reimbursement. 

F. Use of Remaining Funds 

Funds remaining after all costs 

incident to the basic project have been 

paid or provided for are to be handled 

as specified in this section. 

(1) Remaining funds are not to 

include grantee contributions. 

(2) Remaining funds may be used 

based on prior approval by the Agency 

for eligible grant purposes, provided: 

(i) The use will not result in major 

changes to the project; 

(ii) the purpose of the grant remains 

the same; and 

(iii) the project remains within its 

original scope. 

(3) Grant funds not expended within 

24 months from date of the grant 

agreement will be cancelled by the 

Agency. Prior to the actual cancellation, 

the Agency will notify, in writing, the 

grantee of the Agency’s intent to cancel 

the remaining funds. 

G. Monitoring and Reporting Project 

Performance 

(1) Monitoring of projects. Grantees 

are responsible for ensuring all activities 

are performed within the approved 

scope of work and that funds are only 

used for approved purposes. Grantees 

shall constantly monitor performance to 

ensure that time schedules are being 

met, projected work by time periods is 

being accomplished, financial resources 

appropriately expended by contractors 

(if applicable), and any other 

performance objectives identified in the 

scope of work are being achieved. To 

the extent resources are available, the 

Agency will monitor grantees to ensure 

that activities are performed in 

accordance with the Agency-approved 

scope of work and to ensure that funds 

are expended for approved purposes. 

The Agency’s monitoring of Grantees 

neither relieves the Grantee of its 

responsibilities to ensure that activities 

are performed within the scope of work 

approved by the Agency and that funds 

are expended for approved purposes 

only nor provides recourse or a defense 

to the Grantee should the Grantee 

conduct unapproved activities, engage 

in unethical conduct, engage in 

activities that are or give the appearance 

of a conflict of interest, or expend funds 

for unapproved purposes. 

(2) Financial status reports. A SF– 

269, ‘‘Financial Status Report,’’ and a 

project performance activity report will 

be required of all grantees on a 

semiannual basis. The grantee will 

complete the project within the total 

sums available to it, including the grant, 

in accordance with the scope of work 

and any necessary modifications thereof 

prepared by grantee and approved by 

the Agency. 

(3) Performance reports. Grantees 

must submit to the Agency, in writing, 

semiannual performance reports and a 

final performance report, once all 

project activities are completed. 

Grantees are to submit an original of 

each report to the Agency. 

(i) Semiannual performance reports. 

Project performance reports shall 

include, but not be limited to, the 

following: 

(A) A comparison of actual 

accomplishments to the objectives 

established for that period (e.g. , the 

number of audits performed, number of 

recipients of renewable energy 

development assistance); 

(B) Problems, delays, or adverse 

conditions, if any, that have in the past 

or will in the future affect attainment of 

overall project objectives, prevent 

meeting time schedules or objectives, or 

preclude the attainment of particular 

project work elements during 

established time periods. This 

disclosure shall be accompanied by a 

statement of the action taken or planned 

to resolve the situation; 

(C) Percent of financial resources 

expended on contractors; and 

(D) Objectives and timetable 

established for the next reporting 

period. 

(ii) Final performance report. A final 

performance report will be required 

with the final Financial Status Report 

within 90 days after project completion. 

In addition to the information required 

under paragraph (3)(i) above, the final 

performance report must contain the 

information specified in paragraphs 

(3)(ii)(A) and (3)(ii)(B) below, as 

applicable, of this section. 

(A) For energy audit projects, the final 

performance report must provide 

complete information regarding: 

(i) The number of audits conducted, 

(ii) a list of recipients (agricultural 

producers and rural small businesses) 


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with their North American Industry 

Classification System code, 

(iii) the location of each recipient, 

(iv) the cost of each audit, 

(v) the expected energy saved for each 

audit conducted if the audit is 

implemented, and 

(vi) the percent of financial resources 

expended on contractors. 

(B) For renewable energy 

development assistance projects, the 

final performance report must provide 

complete information regarding: 

(i) A list of recipients with their North 

American Industry Classification 

System code, 

(ii) the location of each recipient, 

(iii) the expected renewable energy 

that would be generated if the projects 

were implemented, and 

(iv) the percent of financial resources 

expended on contractors. 

(4) Final status report. One year after 

submittal of the final semiannual 

performance report, the Grantee will 

provide the Grantor a final status report 

on the number of projects that are 

proceeding with one or all of the 

Grantee’s recommendations, including 

the amount of energy saved and the 

amount of renewable energy generated, 

as applicable. 

(5) Other reports. The Agency may 

request any additional project and/or 

performance data for the project for 

which grant funds have been received. 

H. Financial Management System and 

Records 

(1) The grantee will provide for 

Financial Management Systems that 

will include: 

(i) Accurate, current, and complete 

disclosure of the financial result of each 

grant. 

(ii) Records that identify adequately 

the source and application of funds for 

grant-supporting activities, together 

with documentation to support the 

records. Those records shall contain 

information pertaining to grant awards 

and authorizations, obligations, 

unobligated balances, assets, liabilities, 

outlays, and income. 

(iii) Effective control over and 

accountability for all funds. Grantee 

shall adequately safeguard all such 

assets and shall ensure that funds are 

used solely for authorized purposes. 

(2) The grantee will retain financial 

records, supporting documents, 

statistical records, and all other records 

pertinent to the grant for a period of at 

least 3 years after completion of grant 

activities except that the records shall 

be retained beyond the 3-year period if 

audit findings have not been resolved or 

if directed by the United States. 

Microfilm copies may be substituted in 

lieu of original records. The Agency and 

the Comptroller General of the United 

States, or any of their duly authorized 

representatives, shall have access to any 

books, documents, papers, and records 

of the grantee which are pertinent to the 

specific grant for the purpose of making 

audit, examination, excerpts, and 

transcripts. 

I. Audit Requirements 

Grantees must provide an annual 

audit in accordance with 7 CFR part 

3052. 

J. Grant Servicing 

Grants will be serviced in accordance 

with Departmental regulations and 7 

CFR part 1951, subparts E and O. 

Grantees will permit periodic inspection 

of the project operations by a 

representative of the Agency. All nonconfidential information resulting from 

the Grantee’s activities shall be made 

available to the general public on an 

equal basis. 

K. Programmatic Changes 

The Grantee shall obtain prior Agency 

approval for any change to the scope or 

objectives of the approved project. 

Failure to obtain prior approval of 

changes to the scope of work or budget 

may result in suspension, termination, 

and recovery of grant funds. 

L. Transfer of Obligations 

Subject to Agency approval, an 

obligation of funds established for a 

grantee may be transferred to a different 

(substituted) grantee provided: 

(1) The substituted grantee 

(i) is eligible; 

(ii) has a close and genuine 

relationship with the original grantee; 

and 

(iii) has the authority to receive the 

assistance approved for the original 

grantee; and 

(2) The need, purpose(s), and scope of 

the project for which the Agency funds 

will be used remain substantially 

unchanged. 

M. Grant Close Out and Related 

Activities 

In addition to the requirements 

specified in the Departmental 

regulations, failure to submit 

satisfactory reports on time under the 

provisions of Section V.G., Monitoring 

and Reporting Project Performance, 

requirements may result in the 

suspension or termination of a grant. 

The provisions of this section apply to 

grants and sub-grants. 

VI. Administration Information 

A. Notice of Eligibility 

If an applicant is determined by the 

Agency to be eligible for participation, 

the Agency will notify the applicant in 

writing. If an applicant is determined by 

the Agency to be ineligible, the Agency 

will notify the applicant, in writing, as 

to the reason(s) the applicant was 

rejected. Such applicant will have 

review and appeal rights as specified in 

this Section. 

B. Administrative and National Policy 

Requirements 

(1) Review or appeal rights. A person 

may seek a review of an Agency 

decision under this Notice from the 

appropriate Agency official that 

oversees the program in question or 

appeal to the National Appeals Division 

in accordance with 7 CFR part 11. 

(2) Notification of unfavorable 

decisions. If at any time prior to grant 

approval it is decided that favorable 

action will not be taken on an 

application, the State Director will 

notify the applicant in writing of the 

decision and of the reasons why the 

request was not favorably considered. 

The notification will inform applicant 

officials of their rights to an informal 

review, mediation, and appeal of the 

decision in accordance with 7 CFR part 

11. 

C. Exception Authority 

Except as specified in paragraphs (1) 

and (2) below, the Administrator may 

make exceptions to any requirement or 

provision of this Notice, if such 

exception is in the best financial 

interests of the Federal Government and 

is otherwise not in conflict with 

applicable laws. 

(1) Applicant eligibility. No exception 

to applicant eligibility can be made. 

(2) Project eligibility. No exception to 

project eligibility can be made. 

D. Member or Delegate Clause 

No member of or delegate to Congress 

shall receive any share or part of this 

grant or any benefit that may arise there 

from; but this provision shall not be 

construed to bar as a contractor under 

the grant a publicly held corporation 

whose ownership might include a 

member of Congress. 

E. Environmental Review 

All grants made under this subpart are 

subject to the requirements of 7 CFR 

part 1940, subpart G. Applications for 

technical assistance or planning 

assistance are categorically excluded 

from the environmental review process 

by 7 CFR 1940.333. Applicants for grant 


rwilkins on PROD1PC63 with NOTICES
10542 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices 

funds must consider and document 

within their plans the important 

environmental factors within the 

planning area and the potential 

environmental impacts of the plan, as 

well as the alternatives considered. 

F. Other USDA Regulations 

Energy audit and renewable energy 

development assistance projects funded 

under this Notice are subject to the 

provisions of the Department 

regulations, as applicable, which are 

incorporated by reference herein. 

VII. Agency Contacts 

Notice Contact. For information about 

this Notice, please contact the Energy 

Branch, USDA Rural Development, 

STOP 3225, Room 6870, 1400 

Independence Avenue, SW., 

Washington, DC 20250–3225. 

Telephone: (202) 720–1400. 

For assistance on energy audit and 

renewable energy development 

assistance grants, please contact of the 

applicable Rural Development’s Rural 

Energy Coordinator, as provided in the 

Addresses section of this Notice. 

VIII. Non-Discrimination Statement 

USDA prohibits discrimination in all 

its programs and activities on the basis 

of race, color, national origin, age, 

disability, and where applicable, sex, 

marital status, familial status, parental 

status, religion, sexual orientation, 

genetic information, political beliefs, 

reprisal, or because all or part of an 

individual’s income is derived from any 

public assistance program. (Not all 

prohibited bases apply to all programs.) 

Persons with disabilities who require 

alternative means for communication of 

program information (braille, large 

print, audiotape, etc.) should contact 

USDA’s TARGET Center at (202) 720– 

2600 (voice and TDD). To file a 

complaint of discrimination write to 

USDA, Director, Office of Civil Rights, 

1400 Independence Avenue, SW., 

Washington, DC 20250–9410 or call 

(800) 795–3272 (voice) or (202) 720– 

6382 (TDD). USDA is an equal 

opportunity provider and employer.’’ 

IX. Civil Rights Compliance 

Requirements 

All grants made under this Notice are 

subject to title VI of the Civil Rights Act 

of 1964 and part 1901, subpart E. 

Dated: March 5, 2009. 

Pandor Hadjy, 

Acting Deputy Administrator, Rural BusinessCooperative Service. 

Energy Audit and Renewable Energy 

Development Assistance Grant 

Agreement 

This Grant Agreement is a contract for 

receipt of grant funds under the Rural 

Energy for America program, Title IX, 

Section 9007 of the Food, Conservation, 

and Energy Act of 2008,’’ (Pub. L. 110– 

234) between the Grantee and the 

United States of America acting through 

Rural Development, Department of 

Agriculture (Grantor). All references 

herein to ‘‘Project’’ refer to an energy 

audit project and/or renewable energy 

development assistance project 

identified in the scope of work 

submitted with the application. Should 

actual project costs be lower than 

projected in the scope of work, the final 

amount of grant may be adjusted. 

A. Assurance Agreement 

Grantee assures the Grantor that 

Grantee is in compliance with and will 

comply in the course of the Agreement 

with all applicable laws, regulations, 

Executive Orders, and other generally 

applicable requirements, including 

those contained in the Departmental 

regulations as codified in 7 CFR parts 

3000 through 3099, including but not 

necessarily limited to 7 CFR parts 3015 

through 3019, 7 CFR part 3021, and 7 

CFR part 3052, and successor 

regulations to these parts, which are 

incorporated into this agreement by 

reference, any applicable Notices 

published in the Federal Register , and 

such other statutory provisions as are 

specifically contained herein. 

Grantee and Grantor agree to all of the 

terms and provisions of any policy or 

regulations promulgated under Title IX, 

Section 9007 of the Food, Conservation, 

and Energy Act of 2008. Any 

application submitted by the Grantee for 

this grant, including any attachments or 

amendments, are incorporated and 

included as part of this Agreement. Any 

changes to these documents or this 

Agreement must be approved in writing 

by the Grantor. 

The Grantor may terminate the grant 

in whole, or in part, at any time before 

the date of completion, whenever it is 

determined that the Grantee has failed 

to comply with the conditions of this 

Agreement. 

B. Use of Grant Funds 

Grantee will use grant funds and 

leveraged funds only for the purposes 

and tasks included in the application 

and budget approved by the Grantor. 

Budget and approved use of funds are 

further described in the Grantor Letter 

of Conditions and amendments or 

supplements thereto. Any uses not 

provided for in the approved budget 

must be approved in writing by the 

Grantor. 

C. Civil Rights Compliance 

Grantee will comply with Executive 

Order 12898, Title VI of the Civil Rights 

Act of 1964, and Section 504 of the 

Rehabilitation Act of 1973. This shall 

include collection and maintenance of 

data on the race, sex, disability, faith 

based (if applicable) and national origin 

of the Grantee’s membership/ownership 

and employees. These data must be 

available to the Grantor in its conduct 

of Civil Rights Compliance Reviews, 

which will be conducted prior to grant 

closing and 3 years later, unless the 

final disbursement of grant funds has 

occurred prior to that date. 

D. Financial Management Systems 

1. Grantee will provide a Financial 

Management System in accordance with 

Departmental regulations as codified in 

7 CFR parts 3000 through 3099, 

including but not necessarily limited to 

7 CFR parts 3015 through 3019, 7 CFR 

part 3021, and 7 CFR part 3052, and 

successor regulations to these parts, 

including but not limited to: 

(i) Records that identify adequately 

the source and application of funds for 

grant-supported activities. Those 

records shall contain information 

pertaining to grant awards and 

authorizations, obligations, unobligated 

balances, assets, liabilities, outlays, and 

income; 

(ii) Effective control over and 

accountability for all funds, property, 

and other assets. Grantees shall 

adequately safeguard all such assets and 

ensure that they are used solely for 

authorized purposes; 

(iii) Accounting records prepared in 

accordance with generally accepted 

accounting principles (GAAP) and 

supported by source documentation; 

and 

(iv) Grantee tracking of fund usage 

and records that show matching funds 

and grant funds are used proportionally. 

The Grantee will provide verifiable 

documentation regarding matching 

funds usage, i.e., bank statements or 

copies of funding obligations from the 

matching source. 

2. Grantee will retain financial 

records, supporting documents, 

statistical records, and all other records 

pertinent to the grant for a period of at 

least 3 years after completion of grant 

activities, except that the records shall 

be retained beyond the 3-year period if 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices 10543 

audit findings have not been resolved or 

if directed by the United States. The 

Grantor and the Comptroller General of 

the United States, or any of their duly 

authorized representatives, shall have 

access to any books, documents, papers, 

and records of the Grantee which are 

pertinent to the grant for the purpose of 

making audits, examinations, excerpts, 

and transcripts. 

E. Procurement 

Grantee will comply with the 

applicable procurement requirements of 

7 CFR part 3015 regarding standards of 

conduct, open and free competition, 

access to contractor records, and equal 

employment opportunity requirements. 

F. Reporting 

1. Grantee will after grant approval 

through project completion: 

(i) Provide periodic reports as 

required by the Grantor. A financial 

status report and a project performance 

report will be required on a semiannual 

basis (due 30 working days after end of 

the semiannual period). For the 

purposes of this grant, semiannual 

periods end on June 30 and December 

31. The financial status report must 

show how grant funds and leveraged 

funds have been used to date and 

project the funds needed and their 

purposes for the next quarter. Grantees 

shall constantly monitor performance to 

ensure that time schedules are being 

met and projected goals by time periods 

are being accomplished. The project 

performance reports shall include the 

following: 

(A) Semiannual performance reports. 

Project performance reports shall 

include, but not be limited to, the 

following: 

(1) A comparison of actual 

accomplishments to the objectives 

established for that period (e.g., the 

number of audits performed, number of 

recipients of renewable energy 

development assistance); 

(2) Problems, delays, or adverse 

conditions, if any, which have affected 

or will affect attainment of overall 

project objectives, prevent meeting time 

schedules or objectives, or preclude the 

attainment of particular project work 

elements during established time 

periods. This disclosure shall be 

accompanied by a statement of the 

action taken or planned to resolve the 

situation; 

(3) Percent of financial resources 

expended on contractors; and 

(4) Objectives and timetable 

established for the next reporting 

period. 

(B) Final performance report. A final 

performance report will be required 

with the final Financial Status Report. 

(1) For energy audit projects, the final 

performance report must provide the 

information required in a semiannual 

performance report; complete 

information regarding the number of 

audits conducted; a list of recipients 

with their North American Industry 

Classification System code; the location 

of the recipient; the cost of each audit; 

the expected energy saved for each audit 

conducted if the audit is implemented; 

the number of jobs created and saved for 

an agricultural producer and rural small 

business, as applicable, as a result of the 

grant; and the percent of financial 

resources expended on contractors. 

(2) For renewable energy development 

assistance projects, the final 

performance report must provide the 

information required in a semiannual 

performance report; complete 

information regarding a list of recipients 

with their North American Industry 

Classification System code; the location 

of the recipient; the expected renewable 

energy that would be generated if the 

projects were implemented; and the 

percent of financial resources expended 

on contractors. 

(ii) For the year(s) in which grant 

funds are received, the Grantee will 

provide an annual financial statement to 

the Grantor. 

2. Grantee will, after project 

completion: 

(i) Allow Grantor access to the records 

and performance information obtained 

under the scope of the project; and 

(ii) One year after submittal of the 

final semiannual performance report, 

the Grantee will provide the Grantor a 

final status report on the number of 

projects that are proceeding with one or 

all of the Grantee’s recommendations, 

including the amount of energy saved 

and the amount of renewable energy 

generated, as applicable. 

G. Grant Disbursement 

Unless required by funding partners 

to be provided on a pro rata basis with 

other funding sources, grant funds will 

be disbursed after all other funding 

sources have been expended. 

1. Requests for reimbursement may be 

submitted monthly or more frequently if 

authorized to do so by the Grantor. 

Ordinarily, payment will be made 

within 30 days after receipt of a proper 

request for reimbursement. 

2. Grantee shall not request 

reimbursement for the Federal share of 

amounts withheld from contractors to 

ensure satisfactory completion of work 

until after it makes those payments. 

3. Payment shall be made by 

electronic funds transfer. 

4. Standard Form 270, ‘‘Request for 

Advance or Reimbursement,’’ or other 

format prescribed by Grantor shall be 

used to request Grant reimbursements. 

H. Use of Remaining Grant Funds 

Grant funds not expended within 24 

months from date of this agreement will 

be cancelled by the Agency. Prior to the 

actual cancellation, the Agency will 

notify, in writing, the grantee of the 

Agency’s intent to cancel the remaining 

funds. 

In witness whereof, Grantee has this 

day authorized and caused this 

Agreement to be signed in its name and 

its corporate seal to be hereunto affixed 

and attested by its duly authorized 

officer(s) thereunto, and the Grantor has 

caused this Agreement to be duly 

executed in its behalf by: 

GRANTOR: 

[ [SEAL] llllllllllllll

Name: 

lllllllllllllllllll

Date 

Title: 

UNITED STATES OF AMERICA 

DEPARTMENT OF AGRICULTURE 

RURAL DEVELOPMENT 

GRANTEE: 

[ [SEAL] llllllllllllll

Name: 

lllllllllllllllllll

Date 

Title: 

[FR Doc. E9–5154 Filed 3–10–09; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–533–847 

1–Hydroxyethylidene–1, 1– 

Diphosphonic Acid from India: Notice 

of Final Determination of Sales at Less 

Than Fair Value 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (the Department) has 

determined that 1–hydroxyethylidene– 

1, 1–diphosphonic acid (HEDP) from 

India is being, or is likely to be, sold in 

the United States at less–than-fair–value 

(LTFV), as provided in section 735 of 

the Tariff Act of 1930, as amended (the 

Act). The estimated margins of sales at 

LTFV are listed in the ‘‘Continuation of 

Suspension of Liquidation’’ section of 

this notice. 


rwilkins on PROD1PC63 with NOTICES