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[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Notices]
[Pages 10533-10543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5154]

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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.

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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, 
[email protected].

Alaska

Dean Stewart, USDA Rural Development, 800 West Evergreen, Suite 201, 
Palmer, AK 99645-6539, (907) 761-7722, [email protected].

American Samoa (See Hawaii)

Arizona

Alan Watt, USDA Rural Development, 230 North First Avenue, Suite 
206, Phoenix, AZ 85003-1706, (602) 280-8769, [email protected].

Arkansas

Tim Smith, USDA Rural Development, 700 West Capitol Avenue, Room 
3416, Little Rock, AR 72201-3225, (501) 301-3280, 
[email protected].

California

Philip Brown, USDA Rural Development, 430 G Street, 4169, 
Davis, CA 95616, (530) 792-5811, [email protected].

Colorado

April Dahlager, USDA Rural Development, 655 Parfet Street, Room E-
100, Lakewood, CO 80215, (720) 544-2909, [email protected].

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, [email protected].

Federated States of Micronesia (See Hawaii)

Florida/Virgin Islands

Joe Mueller, USDA Rural Development, 4440 NW. 25th Place, 
Gainesville, FL 32606, (352) 338-3482, [email protected].

Georgia

J. Craig Scroggs, USDA Rural Development, 111 E. Spring St., Suite 
B, Monroe, GA 30655, Phone 770-267-1413 ext. 113, 
[email protected].

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, 
[email protected].

Idaho

Brian Buch, USDA Rural Development, 9173 W. Barnes Drive, Suite A1, 
Boise, ID 83709, (208) 378-5623, [email protected].

Illinois

Molly Hammond, USDA Rural Development, 2118 West Park Court, Suite 
A, Champaign, IL 61821, (217) 403-6210, [email protected].

Indiana

Jerry Hay, USDA Rural Development, 2411 N. 1250 W., Deputy, IN 
47230, (812) 873-1100, [email protected].

Iowa

Teresa Bomhoff, USDA Rural Development, 873 Federal Building, 210 
Walnut Street, Des Moines, IA 50309, (515) 284-4447, 
[email protected].

Kansas

David Kramer, USDA Rural Development, 1303 SW First American Place, 
Suite 100, Topeka, KS 66604-4040, (785) 271-2744, 
[email protected].

Kentucky

Scott Maas, USDA Rural Development, 771 Corporate Drive, Suite 200, 
Lexington, KY 40503, (859) 224-7435, [email protected].

Louisiana

Kevin Boone, USDA Rural Development, 905 Jefferson Street, Suite 
320, Lafayette, LA 70501, (337) 262-6601, Ext. 133, 
[email protected].

Maine

John F. Sheehan, USDA Rural Development, 967 Illinois Avenue, Suite 
4, P.O. Box 405, Bangor, ME 04402-0405, (207) 990-9168, 
[email protected].

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, [email protected].

Michigan

Traci J. Smith, USDA Rural Development, 3001 Coolidge Road, Suite 
200, East Lansing, MI 48823, (517) 324-5157, 
[email protected].

Minnesota

Lisa L. Noty, USDA Rural Development, 1400 West Main Street, Albert 
Lea, MN 56007, (507) 373-7960 Ext. 120, [email protected].

[[Page 10534]]

Mississippi

G. Gary Jones, USDA Rural Development, Federal Building, Suite 831, 
100 West Capitol Street, Jackson, MS 39269, (601) 965-5457, 
[email protected].

Missouri

Matt Moore, USDA Rural Development, 601 Business Loop 70 West, 
Parkade Center, Suite 235, Columbia, MO 65203, (573) 876-9321, 
[email protected].

Montana

John Guthmiller, USDA Rural Development, 900 Technology Blvd., Unit 
1, Suite B, P.O. Box 850, Bozeman, MT 59771, (406) 585-2540, 
[email protected].

Nebraska

Debra Yocum, USDA Rural Development, 100 Centennial Mall North, Room 
152, Federal Building, Lincoln, NE 68508, (402) 437-5554, 
[email protected].

Nevada

Herb Shedd, USDA Rural Development, 1390 South Curry Street, Carson 
City, NV 89703, (775) 887-1222, [email protected].

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, 
[email protected].

New Mexico

Jesse Bopp, USDA Rural Development, 6200 Jefferson Street, NE., Room 
255, Albuquerque, NM 87109, (505) 761-4952, [email protected].

New York

Thomas Hauryski, USDA Rural Development, 415 West Morris Street, 
Bath, NY 14810, (607) 776-7398 Ext. 132, 
[email protected].

North Carolina

David Thigpen, USDA Rural Development, 4405 Bland Rd. Suite 260, 
Raleigh, N.C. 27609, 919-873-2065, [email protected].

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, [email protected].

Ohio

Randy Monhemius, USDA Rural Development, Federal Building, Room 507, 
200 North High Street, Columbus, OH 43215-2418, (614) 255-2424, 
[email protected].

Oklahoma

Jody Harris, USDA Rural Development, 100 USDA, Suite 108, 
Stillwater, OK 74074-2654, (405) 742-1036, [email protected].

Oregon

Don Hollis, USDA Rural Development, 1229 SE Third Street, Suite A, 
Pendleton, OR 97801-4198, (541) 278-8049, Ext. 129, 
[email protected].

Pennsylvania

Bernard Linn, USDA Rural Development, One Credit Union Place, Suite 
330, Harrisburg, PA 17110-2996, (717) 237-2182, 
[email protected].

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, [email protected].

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, [email protected].

South Dakota

Douglas Roehl, USDA Rural Development, Federal Building, Room 210, 
200 4th Street, SW., Huron, SD 57350, (605) 352-1145, 
[email protected].

Tennessee

Will Dodson, USDA Rural Development, 3322 West End Avenue, Suite 
300, Nashville, TN 37203-1084, (615) 783-1350, 
[email protected].

Texas

Daniel Torres, USDA Rural Development, Federal Building, Suite 102, 
101 South Main Street, Temple, TX 76501, (254) 742-9756, 
[email protected].

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, [email protected].

Vermont/New Hampshire

Cheryl Ducharme, USDA Rural Development, 89 Main Street, 3rd Floor, 
Montpelier, VT 05602, 802-828-6083, [email protected].

Virginia

Laurette Tucker, USDA Rural Development, Culpeper Building, Suite 
238, 1606 Santa Rosa Road, Richmond, VA 23229, (804) 287-1594, 
[email protected].

Virgin Islands (See Florida)

Washington

Mary Traxler, USDA Rural Development, 1835 Black Lake Blvd. SW., 
Suite B, Olympia, WA 98512, (360) 704-7762, 
[email protected].

West Virginia

Richard E. Satterfield, USDA Rural Development, 75 High Street, Room 
320, Morgantown, WV 26505-7500, (304) 284-4874, 
[email protected].

Wisconsin

Brenda Heinen, USDA Rural Development, 4949 Kirschling Court, 
Stevens Point, WI 54481, (715) 345-7615, Ext. 139, 
[email protected].

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, [email protected].

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

[[Page 10535]]

    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; in-conduit 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:

[[Page 10536]]

    (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 old-growth 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 self-government, 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 non-profit 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

[[Page 10537]]

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 person-hours.
    (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 ``micro-hydropower'' 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--Non-Construction 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

[[Page 10538]]

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.

[[Page 10539]]

    (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 non-federal 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 
de-obligated.
    (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

[[Page 10540]]

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)

[[Page 10541]]

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 non-confidential 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

[[Page 10542]]

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 Business-Cooperative 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

[[Page 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]----------------------------------------------------------------
Name:
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Date

Title:
UNITED STATES OF AMERICA
DEPARTMENT OF AGRICULTURE
RURAL DEVELOPMENT
GRANTEE:

 [SEAL]----------------------------------------------------------------

Name:
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Date
Title:

[FR Doc. E9-5154 Filed 3-10-09; 8:45 am]
BILLING CODE 3410-XY-P
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