Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Notices 31771 

effects. Significant impacts could occur 

to socio-economics and land use. 

The public is invited to participate in 

the scoping process, which begins with 

the publication of this Notice of Intent 

in the Federal Register and will last for 

30 days. The scoping process will 

include at least three public scoping 

meetings, which are opportunities for 

the public to receive information about 

the proposed action and alternatives, 

and to assist the Army in determining 

issues related to the proposed 

acquisition to be addressed in the EIS. 

These meetings will be held in 

communities surrounding Fort Benning 

and the specific details of the meetings 

will be announced in local media 

sources. The public will also be invited 

to review and comment on the Draft EIS 

when it is available for review. 

Comments from the public will be 

considered before any decision is made 

regarding implementing the proposed 

action at Fort Benning. 

Dated: May 24, 2010. 

Addison D. Davis, IV, 

Deputy Assistant Secretary of the Army 

(Environment, Safety and Occupational 

Health). 

[FR Doc. 2010–13443 Filed 6–3–10; 8:45 am] 

BILLING CODE 3710–08–P 

DEPARTMENT OF EDUCATION 

Office of Elementary and Secondary 

Education 

Overview Information; Impact Aid 

Discretionary Construction Grant 

Program; Notice inviting applications 

for New Awards Using Fiscal Year 2009 

Funds. 

Catalog of Federal Domestic Assistance 

(CFDA) Number: 84.041C. 

DATES: 

Applications Available: June 4, 2010. 

Deadline for Transmittal of 

Applications: July 6, 2010. 

Deadline for Intergovernmental 

Review: August 3, 2010. 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: The Impact Aid 

Discretionary Construction Grant 

program provides grants for emergency 

repairs and modernization of school 

facilities to certain eligible local 

educational agencies (LEAs) that receive 

formula Impact Aid funds. 

Priority: In this notice, the Secretary is 

soliciting applications only for Priority 

1 emergency repair grants. We will not 

accept applications for Priority 2 

emergency repair or modernization 

grants at this time. In accordance with 

34 CFR 75.105(b)(2)(ii) and (iv), this 

priority is from section 8007(b)(2)(A) of 

the Elementary and Secondary 

Education Act of 1965, as amended 

(Act) (20 U.S.C. 7707(b)), and the 

regulations for this program in 34 CFR 

222.177. 

Absolute Priority: For this 

competition using FY 2009 funds, this 

is an absolute priority. Under 34 CFR 

75.105(c)(3) we consider only 

applications that meet this priority. 

This priority is: Priority 1 emergency 

repair grants. An LEA is eligible to 

apply for an emergency grant under the 

first priority of section 8007(b) of the 

Act if it— 

(a) Is eligible to receive formula 

construction funds for fiscal year 2009 

under section 8007(a) of the Act (20 

U.S.C. 7707(a)); 

(b)(1) Has no practical capacity to 

issue bonds; 

(2) Has minimal capacity to issue 

bonds and has used at least 75 percent 

of its bond limit; or 

(3) Is eligible to receive funds for 

fiscal year 2009 for heavily impacted 

districts under section 8003(b)(2) of the 

Act (20 U.S.C. 7707(b)(2)); and 

(c) Has a school facility emergency 

that the Secretary has determined poses 

a health or safety hazard to students and 

school personnel. 

Note: For each of the competitions held 

under this program with FYs 2002, 2003, 

2004, 2005, and 2008 funds, the amounts 

requested by applicants for Priority 1 grants 

exceeded the funds available. (The Impact 

Aid Discretionary grant program was not 

funded in FYs 2006 and 2007.) 

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

Applicable Regulations: (a) The 

Education Department General 

Administrative Regulations (EDGAR) in 

34 CFR parts 75 (except for 34 CFR 

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

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

regulations for this program in 34 CFR 

part 222. 

Note: The regulations in 34 CFR part 79 

apply to all applicants except federally 

recognized Indian tribes. 

II. Award Information 

Type of Award: Discretionary grant. 

Estimated Available Funds: 

$17,509,000. 

Estimated Range of Awards: $50,000– 

$5,000,000. 

Estimated Average Size of Awards: 

$1,600,000. 

Estimated Number of Awards: 11. 

Note: The Department is not bound by any 

estimates in this notice. 

Project Period: Up to 60 months. We 

will determine each project period 

based on the nature of the project 

proposed and the time needed to 

complete the project. We will specify 

this period in the grant award 

document. 

III. Eligibility Information 

1. Eligible Applicants: To be eligible 

for an emergency repair grant, an LEA 

must enroll a high percentage (at least 

40 percent) of federally connected 

children in average daily attendance 

(ADA) who reside on Indian lands or 

who have a parent on active duty in the 

U.S. uniformed services, have a school 

that enrolls a high percentage of one of 

these types of students, be eligible for 

funding for heavily impacted LEAs 

under section 8003(b)(2) of the Act, or 

meet the specific numeric requirements 

regarding bonding capacity. In making 

emergency grant awards, the Secretary 

must also consider the LEA’s total 

assessed value of real property that may 

be taxed for school purposes, its use of 

available bonding capacity, and the 

nature and severity of the school facility 

emergency. 

2.a. Cost Sharing or Matching: See 20 

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

and 222.191 through 222.193. In 

reviewing proposed awards, the 

Secretary considers the funds available 

to the grantee from other sources, 

including local, State, and other Federal 

funds. Consistent with 34 CFR 222.192, 

applicants will be required to submit 

financial reports for FYs 2007, 2008, 

and 2009, or the most recently available 

financial reports showing closing 

balances for all school funds. If 

significant amounts were available at 

the close of FY 2009 that are not 

obligated for other purposes, those 

funds will be considered as available for 

the proposed emergency repair project, 

which may reduce or eliminate the 

award for an emergency grant. 

b. Supplement-Not-Supplant: As 

outlined in 34 CFR 222.174, grants 

made under this program are subject to 

supplement, not supplant funding 

provisions. Grant funds under this 

program may not be used to supplant or 

replace other available non-Federal 

construction money. 

IV. Application and Submission 

Information 

1. Address to Request Application 

Package: An electronic application is 

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

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

Department of Education, 400 Maryland 

Avenue, SW., room 3C155, Washington, 

DC 20202–6244. Phone: 1–202–260– 

1357. Fax: 1–866–799–1272. E-mail: 

Kristen.Walls-Rivas@ed.gov. 


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If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Relay Service (FRS), toll free, at 

1–800–877–8339. 

Individuals with disabilities can 

obtain a copy of the application package 

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

large print, audiotape, or computer 

diskette) by contacting the person or 

team listed under Accessible Format in 

section VIII of this notice. 

2. Content and Form of Application 

Submission: Requirements concerning 

the content of an application, together 

with the forms you must submit, are in 

the application package for this 

program. 

Page Limit: We strongly recommend 

that applicants limit their responses in 

each applicable narrative section to two 

pages. The narrative should be double 

spaced using a 12-point font or greater. 

The page should have a margin that is 

one inch or greater. 

3. Submission Dates and Times: 

Applications Available: June 4, 2010. 

Deadline for Transmittal of 

Applications: July 6, 2010. 

Applications for grants under this 

competition must be submitted 

electronically using the Electronic Grant 

Application System (e-Application) 

available through the Department’s eGrants system. For information 

(including dates and times) about how 

to submit your application 

electronically or by mail or hand 

delivery if you qualify for an exception 

to the electronic submission 

requirement, please refer to section IV.7. 

Other Submission Requirements of this 

notice. 

Individuals with disabilities who 

need an accommodation or auxiliary aid 

in connection with the application 

process should contact the person listed 

under For Further Information Contact 

in section VII of this notice. 

Deadline for Intergovernmental 

Review: August 3, 2010. 

4. Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. Information about 

Intergovernmental Review of Federal 

Programs under Executive Order 12372 

is in the application package for this 

program. 

5. Funding Restrictions: Except for 

applicants with no practical capacity to 

issue bonds, as defined in 34 CFR 

222.176, an eligible applicant’s award 

amount(s) may not be more than 50 

percent of the total cost of an approved 

project(s) and may not exceed four 

million dollars during any four-year 

period. See 34 CFR 222.193. While 

applicants may submit multiple 

applications, the Department may limit 

awards for a single applicant based on 

factors specified in 34 CFR 75.217, 

including the applicant’s performance 

and use of funds under a prior award. 

Unallowable costs are specified in 34 

CFR 222.173. Grant recipients must, in 

accordance with Federal, State, and 

local laws, use emergency grants for 

permissible construction activities at 

public elementary and secondary school 

facilities. The scope of a selected 

facilities project will be identified as 

part of the final grant award conditions. 

A grantee must also ensure that its 

construction expenditures under this 

program meet the requirements of 34 

CFR 222.172 (allowable program 

activities) and 34 CFR 222.173 

(prohibited activities). 

We reference additional regulations 

outlining funding restrictions in the 

Applicable Regulations section of this 

notice. 

6. Data Universal Numbering System 

Number, Taxpayer Identification 

Number, and Central Contractor 

Registry: To do business with the 

Department of Education, (1) you must 

have a Data Universal Numbering 

System (DUNS) number and a Taxpayer 

Identification Number (TIN); (2) you 

must register both of those numbers 

with the Central Contractor Registry 

(CCR), the Government’s primary 

registrant database; and (3) you must 

provide those same numbers on your 

application. 

You can obtain a DUNS number from 

Dun and Bradstreet. A DUNS number 

can be created within one business day. 

If you are a corporate entity, agency, 

institution, or organization, you can 

obtain a TIN from the Internal Revenue 

Service. If you are an individual, you 

can obtain a TIN from the Internal 

Revenue Service or the Social Security 

Administration. If you need a new TIN, 

please allow 2–5 weeks for your TIN to 

become active. 

The CCR registration process may take 

five or more business days to complete. 

If you are currently registered with the 

CCR, you may not need to make any 

changes. However, please make certain 

that the TIN associated with your DUNS 

number is correct. Also note that you 

will need to update your CCR 

registration on an annual basis. This 

may take three or more business days to 

complete. 

7. Other Submission Requirements: 

Applications for grants under this 

competition must be submitted 

electronically unless you qualify for an 

exception to this requirement in 

accordance with the instructions in this 

section. 

a. Electronic Submission of 

Applications. 

Applications for grants under the 

Impact Aid Discretionary Construction 

Grant Program, CFDA number 84.041C, 

must be submitted electronically using 

the e-Application system available 

through the Department’s e-Grants 

system, accessible through the e-Grants 

portal page at: http://e-grants.ed.gov. 

We will reject your application if you 

submit it in paper format unless, as 

described elsewhere in this section, you 

qualify for one of the exceptions to the 

electronic submission requirement and 

submit, no later than two weeks before 

the application deadline date, a written 

statement to the Department that you 

qualify for one of these exceptions. 

Further information regarding 

calculation of the date that is two weeks 

before the application deadline date is 

provided later in this section under 

Exception to Electronic Submission 

Requirement. 

While completing your electronic 

application, you will be entering data 

online that will be saved into a 

database. You may not e-mail an 

electronic copy of a grant application to 

us. 

Please note the following: 

• You must complete the electronic 

submission of your grant application by 

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

the application deadline date. The eApplication system will not accept an 

application for this competition after 

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

the application deadline date. 

Therefore, we strongly recommend that 

you do not wait until the application 

deadline date to begin the application 

process. 

• The regular hours of operation of 

the e-Grants Web site are 6:00 a.m. 

Monday until 7:00 p.m. Wednesday; 

and 6:00 a.m. Thursday until 8:00 p.m. 

Sunday, Washington, DC time. Please 

note that the system is unavailable 

between 8:00 p.m. on Sundays and 6:00 

a.m. on Mondays, and between 7:00 

p.m. on Wednesdays and 6:00 a.m. on 

Thursdays, Washington, DC time, for 

maintenance. Any modifications to 

these hours are posted on the e-Grants 

Web site. 

• You will not receive additional 

point value because you submit your 

application in electronic format, nor 

will we penalize you if you qualify for 

an exception to the electronic 

submission requirement, as described 

elsewhere in this section, and submit 

your application in paper format. 

• You must submit all documents 

electronically, including all information 

you typically provide on the following 

forms: The Application for 

Discretionary Construction Program 

under Section 8007(b) and all necessary 


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signature pages. The cover page and the 

independent certification may be sent 

either by facsimile or by e-mail. All 

additional narrative documents must be 

attached to the application as files in a 

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

.PDF (Portable Document) format. If you 

upload a file type other than the three 

file types specified in this paragraph or 

submit a password protected file, we 

will not review that material. 

• Prior to submitting your electronic 

application, you may wish to print a 

copy of it for your records. 

• After you electronically submit 

your application, you will receive an 

automatic acknowledgment that will 

include a PR/Award number (an 

identifying number unique to your 

application). 

• By 4:30:00 p.m., Washington, DC 

time, on the application deadline date, 

you must fax or e-mail a signed copy of 

the cover page and the emergency 

certification form for the Application for 

Discretionary Construction Program 

under Section 8007(b) to the Impact Aid 

Program after following these steps: 

(1) Print a copy of the application 

from e-Application for your records. 

You should print these forms in 

landscape page orientation to ensure the 

entire application is printed correctly. 

To print using the landscape 

orientation: (1) Open the application in 

e-Application, (2) Go to the forms page, 

(3) Click the printer icon next to the 

form link in e-Application, (4) Go to File 

on your Internet browser menu, (5) 

Select page set up, (6) Select the 

Landscape under page orientation, (7) 

Click ‘‘OK,’’ and (8) Print page. 

(2) Have the applicant’s Authorized 

Representative date and sign the cover 

page. The local certifying official must 

sign the certification for an emergency 

application. These forms must be 

submitted by 4:30:00 p.m., Washington, 

DC time, on the application deadline 

date in order to be considered for 

funding under this program. 

(3) Place the PR/Award number in the 

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

for Discretionary Construction Program 

under Section 8007(b). 

(4) Fax or e-mail the signed cover 

page and independent certification for 

the Discretionary Construction Program 

under Section 8007(b) to the Impact Aid 

Program to 1–866–799–1272 or by email to Impact.Aid@ed.gov. These forms 

must be submitted by 4:30:00 p.m., 

Washington, DC time, on the 

application deadline date in order to be 

considered for funding under this 

program. 

• We may request that you provide us 

additional signed forms at a later date. 

Application Deadline Date Extension 

in Case of e-Application System 

Unavailability: If you are prevented 

from electronically submitting your 

application on the application deadline 

date because the e-Application system is 

unavailable, we will grant you an 

extension of one business day to enable 

you to transmit your application 

electronically, by mail, or by hand 

delivery. We will grant this extension 

if— 

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

electronic application for this 

competition; and 

(2) (a) The e-Application system is 

unavailable for 60 minutes or more 

between the hours of 8:30 a.m. and 3:30 

p.m., Washington, DC time, on the 

application deadline date; or 

(b) The e-Application system is 

unavailable for any period of time 

between 3:30 p.m. and 4:30:00 p.m., 

Washington, DC time, on the 

application deadline date. 

We must acknowledge and confirm 

these periods of unavailability before 

granting you an extension. To request 

this extension or to confirm our 

acknowledgment of any system 

unavailability, you may contact either 

(1) the person listed elsewhere in this 

notice under FOR FURTHER INFORMATION

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

the e-Grants help desk at 1–888–336– 

8930. If the e-Application system is 

unavailable due to technical problems 

with the system and therefore the 

application deadline is extended, an email will be sent to all registered users 

who have initiated an e-Application. 

Extensions referred to in this section 

apply only to the unavailability of the 

Department’s e-Application system. 

Exception to Electronic Submission 

Requirement: You qualify for an 

exception to the electronic submission 

requirement, and may submit your 

application in paper format, if you are 

unable to submit an application through 

the e-Application system because— 

• You do not have access to the 

Internet; or 

• You do not have the capacity to 

upload large documents to the 

Department’s e-Application system; 

and 

• No later than two weeks before the 

application deadline date (14 calendar 

days or, if the fourteenth calendar day 

before the application deadline date 

falls on a Federal holiday, the next 

business day following the Federal 

holiday), you mail or fax a written 

statement to the Department, explaining 

which of the two grounds for an 

exception prevents you from using the 

Internet to submit your application. If 

you mail your written statement to the 

Department, it must be postmarked no 

later than two weeks before the 

application deadline date. If you fax 

your written statement to the 

Department, we must receive the faxed 

statement no later than two weeks 

before the application deadline date. 

Address and mail or fax your 

statement to: Kristen Walls-Rivas, 

Impact Aid Program, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

room 3C155, Washington, DC 20202– 

6244. FAX: 1–866–799–1272. 

Your paper application must be 

submitted in accordance with the mail 

or hand delivery instructions described 

in this notice. 

b. Submission of Paper Applications 

by Mail. 

If you qualify for an exception to the 

electronic submission requirement, you 

may mail (through the U.S. Postal 

Service or a commercial carrier) your 

application to the Department. You 

must mail the original and two copies 

of your application, on or before the 

application deadline date, to the 

Department at the following address: 

U.S. Department of Education, Impact 

Aid Program, Attention: (CFDA Number 

84.041C), Room 3C155, 400 Maryland 

Avenue, SW., Washington, DC 20202– 

6244. 

You must show proof of mailing 

consisting of one of the following: 

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

postmark, 

(2) A legible mail receipt with the 

date of mailing stamped by the U.S. 

Postal Service, 

(3) A dated shipping label, invoice, or 

receipt from a commercial carrier, or 

(4) Any other proof of mailing 

acceptable to the Secretary of the U.S. 

Department of Education. 

If you mail your application through 

the U.S. Postal Service, we do not 

accept either of the following as proof 

of mailing: 

(1) A private metered postmark, or 

(2) A mail receipt that is not dated by 

the U.S. Postal Service. 

If your application is postmarked after 

the application deadline date, we will 

not consider your application. 

Note: The U.S. Postal Service does not 

uniformly provide a dated postmark. Before 

relying on this method, you should check 

with your local post office. 

c. Submission of Paper Applications 

by Hand Delivery. 

If you qualify for an exception to the 

electronic submission requirement, you 

(or a courier service) may deliver your 

paper application to the Department by 

hand. You must deliver the original and 

two copies of your application, by hand, 


srobinson on DSKHWCL6B1PROD with NOTICES
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on or before the application deadline 

date, to the Department at the following 

address: 

U.S. Department of Education, Impact 

Aid Program, Attention: (CFDA Number 

84.041C), Room 3C155, 400 Maryland 

Avenue, SW., Washington, DC 20202– 

6244. 

The Impact Aid Program accepts hand 

deliveries daily between 8:00 a.m. and 

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

except Saturdays, Sundays, and Federal 

holidays. Note for Mail or Hand 

Delivery of Paper Applications: If you 

mail or hand deliver your application to 

the Department— 

(1) You must indicate on the 

envelope—if not provided by the 

Department—the CFDA number, 

including suffix letter, if any, of the 

competition under which you are 

submitting your application; and 

(2) The Impact Aid Program will mail 

to you a notification of receipt of your 

grant application. If you do not receive 

this grant notification within 15 

business days from the application 

deadline date, you should call the U.S. 

Department of Education Impact Aid 

Program at (202) 260–3858. 

V. Application Review Information 

1. Selection Criteria: The selection 

criteria for this program are from 20 

U.S.C. 7707(b)(4) and (b)(6), and are 

further clarified in 34 CFR 222.183 and 

222.187 and described in the following 

paragraphs. The Secretary gives distinct 

weight to the listed selection criteria. 

The maximum score for each criterion is 

indicated in parentheses. Within each 

criterion, the Secretary evaluates each 

factor equally, unless otherwise 

specified. The maximum score that an 

application may receive is 100 points. 

(1) Need for project/severity of the 

school facility problem to be addressed 

by the proposed project. (up to 30 

points) 

(a) Justification that the proposed 

project will address a valid emergency, 

and consistency of the emergency 

description and the proposed project 

with the certifying local official’s 

statement. 

(b) Impact of the emergency condition 

on the health and safety of the building 

occupants or on program delivery. 

Applicants should describe the systems 

or areas of the facility involved, e.g., 

HVAC, roof, floor, windows; the type of 

space affected, such as instructional, 

resource, food service, recreational, 

general support, or other areas; the 

percentage of building occupants 

affected by the emergency; and the 

importance of the facility or affected 

area to the instructional program. 

(2) Project urgency. (up to 28 points) 

(a) Risk to occupants if the facility 

condition is not addressed. Applicants 

should describe projected increased 

future costs; the anticipated effect of the 

proposed project on the useful life of the 

facility or the need for major 

construction; and the age and condition 

of the facility and date of last renovation 

of affected areas. 

(b) The justification for rebuilding, if 

proposed. 

(3) Effects of Federal presence. (up to 

30 points total) 

(a) Amount of non-taxable Federal 

property in the applicant LEA 

(percentage of Federal property divided 

by 10); (up to 10 points) 

(b) The number of federally connected 

children identified in section 

8003(a)(1)(A), (B), (C), and (D) of the Act 

in the LEA (percentage of identified 

children in LEA divided by 10); (up to 

10 points) 

(c) The number of federally connected 

children identified in section 

8003(a)(1)(A), (B), (C), and (D) of the Act 

in the school facility (percentage of 

identified children in school facility 

divided by 10); (up to 10 points) 

(4) Ability to respond or pay. (up to 

12 points total) 

(a) The percentage an LEA has used 

of its bonding capacity. Four points will 

be distributed based on this percentage 

so that an LEA that has used 100 

percent of its bonding capacity receives 

all four points and an LEA that has used 

less than 25 percent of its bond limit 

receives only one point. LEAs that do 

not have limits on bonded indebtedness 

established by their States will be 

evaluated by assuming that their bond 

limit is 10 percent of the assessed value 

of real property in the LEA. LEAs 

deemed to have no practical capacity to 

issue bonds will receive all four points. 

(up to four points) 

(b) Assessed value of real property per 

student (Applicant LEA’s total assessed 

valuation of real property per pupil as 

a percentile ranking of all LEAs in the 

State). Points will be distributed by 

providing all four points to LEAs in the 

State’s poorest quartile and only one 

point to LEAs in the State’s wealthiest 

quartile. (up to four points) 

(c) Total tax rate for capital or school 

purposes (applicant LEA’s tax rate for 

capital or school purposes as a 

percentile ranking of all LEAs in the 

State). If the State authorizes a tax rate 

for capital expenditures, then these data 

must be used; otherwise, data on the 

total tax rate for school purposes are 

used. Points will be distributed by 

providing all four points to LEAs in the 

State’s highest-taxing quartile and only 

one point to LEAs in the State’s lowesttaxing quartile. (up to four points) 

2. Review and Selection Process: 

Upon receipt, Impact Aid program staff 

will screen all applications to eliminate 

any applications that do not meet the 

eligibility standards, are incomplete, or 

are late. Applications that do not 

contain a signed cover page and a 

signed independent certification 

received by the Impact Aid Program by 

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

the application deadline date are 

considered incomplete and will not be 

considered for funding. Program staff 

will also calculate the scores for each 

application under criteria (3) and (4). 

Panel reviewers will assess the 

applications under criteria (1) and (2). 

(a) Applications are ranked based on 

the total number of points received 

during the review process. Those with 

the highest scores will be at the top of 

the funding slate. 

(b) While applicants may submit 

multiple applications, the Department 

may limit awards for a single applicant 

based on factors specified in 34 CFR 

75.217, including the applicant’s 

performance and use of funds under a 

prior award. 

(c) For applicants that request funding 

for new construction and that are 

selected for funding, the Impact Aid 

Program will request a feasibility of 

construction study prior to making an 

award determination. The independent 

third party study should demonstrate 

that the area upon which the 

construction will occur is suitable for 

construction and will be able to sustain 

the new facility or addition. This study 

should include information to show that 

the soil is stable, the site is suitable for 

construction and the existing 

infrastructure can serve and sustain the 

new facility. 

VI. Award Administration Information 

1. Award Notices: If your application 

is successful, we notify your U.S. 

Representative and U.S. Senators and 

send you a Grant Award Notification 

(GAN). We may notify you informally, 

also. 

If your application is not evaluated or 

not selected for funding, we notify you. 

2. Administrative and National Policy 

Requirements: We identify 

administrative and national policy 

requirements in the application package 

and reference these and other 

requirements in the Applicable 

Regulations section of this notice. 

We reference the regulations outlining 

the terms and conditions of an award in 

the Applicable Regulations section of 

this notice and include these and other 

specific conditions in the GAN. The 

GAN also incorporates your approved 


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application as part of your binding 

commitments under the grant. 

3. Reporting: At the end of your 

project period, you must submit a final 

performance report, including financial 

information, as directed by the 

Secretary. If you receive a multi-year 

award, you must submit an annual 

performance report that provides the 

most current performance and financial 

expenditure information as directed by 

the Secretary under 34 CFR 75.118. In 

general, grantees must comply with 

applicable reporting requirements in 34 

CFR parts 75 and 80. In addition, 

grantees will be required to provide 

periodic performance and financial 

reports, as specified in individual grant 

award conditions and 34 CFR 222.195. 

The Secretary may also require more 

frequent performance reports under 34 

CFR 75.720(c). For specific 

requirements on reporting, please go to 

http://www.ed.gov/fund/grant/apply/ 

appforms/appforms.html. 

4. Performance Measures: The 

Department has established the 

following performance measure for this 

program: an increasing percentage of 

LEAs receiving Impact Aid Construction 

funds will report that the overall 

condition of their school buildings is 

adequate. Data for this measure will be 

reported to the Department on Table 10 

of the application for Impact Aid 

Section 8003 Basic Support Payments. 

VII. Agency Contact 

For Further Information Contact: 

Kristen Walls-Rivas, Impact Aid 

Program, U.S. Department of Education, 

400 Maryland Avenue, SW., room 

3C155, Washington, DC 20202–6244. 

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

Impact.Aid@ed.gov. 

If you use a TDD, call the FRS, toll 

free, at 1–800–877–8339. 

VIII. Other Information 

Accessible Format: Individuals with 

disabilities can obtain this document 

and a copy of the application package in 

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

print, audiotape, or computer diskette) 

on request to the program contact 

person listed under FOR FURTHER

INFORMATION CONTACT in section VII of 

this notice. 

Electronic Access to This Document: 

You can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

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

fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

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

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

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

index.html. 

Dated: June 1, 2010. 

Thelma Mele ́ndez de Santa Ana, 

Assistant Secretary for Elementary and 

Secondary Education. 

[FR Doc. 2010–13491 Filed 6–3–10; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9159–2] 

Draft National Pollutant Discharge 

Elimination System (NPDES) Pesticide 

General Permit for Point Source 

Discharges From the Application of 

Pesticides 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of draft permit and 

notice of public meetings. 

SUMMARY: All ten EPA Regions today are 

proposing a draft NPDES general permit 

for point source discharges from the 

application of certain pesticides to 

waters of the United States. Once 

finalized, this permit will be available to 

operators in those areas where EPA is 

the NPDES permitting authority. This 

action is in response to the Sixth Circuit 

Court’s ruling that vacated an EPA 

regulation that excluded discharges 

from the application of pesticides to or 

over, including near waters of the 

United States from the need to obtain an 

NPDES permit if the application was 

done in accordance with other laws. 

EPA requested and was granted a twoyear stay of the Court’s mandate to 

provide time to draft and implement the 

permit noticed today. The stay of the 

mandate expires on April 9, 2011; 

where after, NPDES permits will be 

required for all point source discharges 

to waters of the United States of 

biological pesticides, and chemical 

pesticides that leave a residue. 

This Federal Register notice briefly 

summarizes the requirements in this 

draft general permit for pesticides 

applications to waters of the U.S. EPA 

is soliciting public comment on all 

aspects of the draft NPDES permit. This 

Federal Register notices also includes a 

list of specific issues about which the 

Agency is particularly asking for 

comment. Supporting documentation to 

the permit is contained in an 

accompanying fact sheet. The public is 

encouraged to read this fact sheet to 

better understand the permit 

requirements. The fact sheet and permit 

can be found at http://www.epa.gov/ 

npdes/pesticides. 

DATES: Comments on the draft general 

permit must be received on or before 

July 19, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2010–0257, by one of the following 

methods: 

1. http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

2. E-mail: ow-docket@epa.gov. 

3. Mail to: Water Docket, U.S. 

Environmental Protection Agency, Mail 

Code: 2822T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460, 

Attention: Docket ID No. EPA–HQ–OW– 

2010–0257. 

4. Hand Delivery: EPA Docket Center, 

EPA West Room 3334, 1301 

Constitution Avenue, NW., Washington, 

DC 20004, Attention: Docket ID No. 

EPA–HQ–OW–2010–0257. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OW–2010– 

0257. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 


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