This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

24769 

Vol. 74, No. 99 

Tuesday, May 26, 2009 

DEPARTMENT OF AGRICULTURE 

Rural Business-Cooperative Service 

Notice of Solicitation of Applications 

(NOSA) for Inviting Applications for 

Renewable Energy Systems and 

Energy Efficiency Improvements 

Grants and Guaranteed Loans and 

Renewable Energy Feasibility Studies 

Grants Under the Rural Energy for 

America Program 

AGENCY: Rural Business-Cooperative 

Service, USDA. 

ACTION: Notice. 

SUMMARY: This notice announces that 

Rural Business-Cooperative Service is 

accepting applications for fiscal year 

(FY) 2009 to purchase renewable energy 

systems and make energy efficiency 

improvements and to conduct feasibility 

studies for renewable energy systems for 

agriculture producers and rural small 

businesses in eligible rural areas. 

Funding will be available in the form of 

grants and loan guarantees. In addition 

to grants and loan guarantees, 

applicants may apply for combination 

loan guarantee and grant funding 

(combination package). Lastly, the 

Agency intends to publish a proposed 

rule 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 

feasibility study projects in calendar 

year 2009. 

DATES: Complete applications under this 

Notice must be received by the 

appropriate USDA Rural Development 

State Office no later than 4:30 local time 

July 31, 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 July 27, 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 (unless 

the applicant is an individual) 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 proposed 

project is located. 

Rural Development Rural Energy 

Coordinators 

Note: Telephone numbers listed are not 

toll-free. 

Alabama 

Quinton Harris, USDA Rural Development, 

Sterling Centre, Suite 601, 4121 

Carmichael Road, Montgomery, AL 36106– 

3683, (334) 279–3623. 

Quinton.Harris@al.usda.gov. 

Alaska 

Dean Stewart, USDA Rural Development, 800 

West Evergreen, Suite 201, Palmer, AK 

99645–6539, (907) 761–7722. 

dean.stewart@ak.usda.gov. 

American Samoa (See Hawaii) 

Arizona 

Alan Watt, USDA Rural Development, 230 

North First Avenue, Suite 206, Phoenix, 

AZ 85003–1706, (602) 280–8769. 

Alan.Watt@az.usda.gov. 

Arkansas 

Tim Smith, USDA Rural Development, 700 

West Capitol Avenue, Room 3416, Little 

Rock, AR 72201–3225, (501) 301–3280. 

Tim.Smith@ar.usda.gov. 

California 

Philip Brown, USDA Rural Development, 430 

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

792–5811. Phil.brown@ca.usda.gov. 

Colorado 

April Dahlager, USDA Rural Development, 

655 Parfet Street, Room E–100, Lakewood, 

CO 80215, (720) 544–2909. 

april.dahlager@co.usda.gov. 

Commonwealth of the Northern Marianas 

Islands—CNMI (See Hawaii) 

Connecticut (see Massachusetts) 

Delaware/Maryland 

Bruce Weaver, USDA Rural Development, 

1221 College Park Drive, Suite 200, Dover, 

DE 19904, (302) 857–3626. 

Bruce.Weaver@de.usda.gov. 

Federated States of Micronesia (See Hawaii) 

Florida/Virgin Islands 

Joe Mueller, USDA Rural Development, 4440 

NW. 25th Place, Gainesville, FL 32606, 

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

Georgia 

J. Craig Scroggs, USDA Rural Development, 

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

30655, Phone 770–267–1413 ext. 113. 

craig.scroggs@ga.usda.gov. 

Guam (See Hawaii) 

Hawaii/Guam/Republic of Palau/Federated 

States of Micronesia/Republic of the 

Marshall Islands/American Samoa/ 

Commonwealth of the Northern Marianas 

Islands—CNMI 

Tim O’Connell, USDA Rural Development, 

Federal Building, Room 311, 154 

Waianuenue Avenue, Hilo, HI 96720, (808) 

933–8313. Tim.Oconnell@hi.usda.gov. 

Idaho 

Brian Buch, USDA Rural Development, 9173 

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

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

Illinois 

Molly Hammond, USDA Rural Development, 

2118 West Park Court, Suite A, Champaign, 

IL 61821, (217) 403–6210. 

Molly.Hammond@il.usda.gov. 

Indiana 

Jerry Hay, USDA Rural Development, 2411 N. 

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

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

Iowa 

Teresa Bomhoff, USDA Rural Development, 

873 Federal Building, 210 Walnut Street, 

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

teresa.bomhoff@ia.usda.gov. 

Kansas 

David Kramer, USDA Rural Development, 

1303 SW First American Place, Suite 100, 

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

david.kramer@ks.usda.gov. 

Kentucky 

Scott Maas, USDA Rural Development, 771 

Corporate Drive, Suite 200, Lexington, KY 

40503, (859) 224–7435. 

scott.maas@ky.usda.gov. 

Louisiana 

Kevin Boone, USDA Rural Development, 905 

Jefferson Street, Suite 320, Lafayette, LA 

70501, (337) 262–6601, Ext. 133. 

Kevin.Boone@la.usda.gov. 

Maine 

John F. Sheehan, USDA Rural Development, 

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

24770 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 

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

john.sheehan@me.usda.gov. 

Maryland (see Delaware) 

Massachusetts/Rhode Island/Connecticut 

Charles W. Dubuc, USDA Rural 

Development, 451 West Street, Suite 2, 

Amherst, MA 01002, (401) 826–0842 X 

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

Michigan 

Traci J. Smith, USDA Rural Development, 

3001 Coolidge Road, Suite 200, East 

Lansing, MI 48823, (517) 324–5157. 

Traci.Smith@mi.usda.gov. 

Minnesota 

Lisa L. Noty, USDA Rural Development, 1400 

West Main Street, Albert Lea, MN 56007, 

(507) 373–7960 Ext. 120. 

lisa.noty@mn.usda.gov. 

Mississippi 

G. Gary Jones, USDA Rural Development, 

Federal Building, Suite 831, 100 West 

Capitol Street, Jackson, MS 39269, (601) 

965–5457. george.jones@ms.usda.gov. 

Missouri 

Matt Moore, USDA Rural Development, 601 

Business Loop 70 West, Parkade Center, 

Suite 235, Columbia, MO 65203, (573) 

876–9321. matt.moore@mo.usda.gov. 

Montana 

John Guthmiller, USDA Rural Development, 

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

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

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

Nebraska 

Debra Yocum, USDA Rural Development, 

100 Centennial Mall North, Room 152, 

Federal Building, Lincoln, NE 68508, (402) 

437–5554. Debra.Yocum@ne.usda.gov. 

Nevada 

Herb Shedd, USDA Rural Development, 1390 

South Curry Street, Carson City, NV 89703, 

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

New Hampshire (See Vermont) 

New Jersey 

Victoria Fekete, USDA Rural Development, 

8000 Midlantic Drive, 5th Floor North, 

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

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

New Mexico 

Jesse Bopp, USDA Rural Development, 6200 

Jefferson Street, NE., Room 255, 

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

Jesse.bopp@nm.usda.gov. 

New York 

Thomas Hauryski, USDA Rural Development, 

415 West Morris Street, Bath, NY 14810, 

(607) 776–7398 Ext. 132, 

Thomas.Hauryski@ny.usda.gov. 

North Carolina 

David Thigpen, USDA Rural Development, 

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

27609, 919–873–2065. 

David.Thigpen@nc.usda.gov. 

North Dakota 

Dennis Rodin, USDA Rural Development, 

Federal Building, Room 208, 220 East 

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

ND 58502–1737, (701) 530–2068. 

Dennis.Rodin@nd.usda.gov. 

Ohio 

Randy Monhemius, USDA Rural 

Development, Federal Building, Room 507, 

200 North High Street, Columbus, OH 

43215–2418, (614) 255–2424. 

Randy.Monhemius@oh.usda.gov. 

Oklahoma 

Jody Harris, USDA Rural Development, 100 

USDA, Suite 108, Stillwater, OK 74074– 

2654, (405) 742–1036. 

Jody.harris@ok.usda.gov. 

Oregon 

Don Hollis, USDA Rural Development, 1229 

SE Third Street, Suite A, Pendleton, OR 

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

Don.Hollis@or.usda.gov. 

Pennsylvania 

Bernard Linn, USDA Rural Development, 

One Credit Union Place, Suite 330, 

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

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

Puerto Rico 

Luis Garcia, USDA Rural Development, IBM 

Building, 654 Munoz Rivera Avenue, Suite 

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

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

Republic of Palau (See Hawaii) 

Republic of the Marshall Islands (See 

Hawaii) 

Rhode Island (see Massachusetts) 

South Carolina 

Shannon Legree, USDA Rural Development, 

Strom Thurmond Federal Building, 1835 

Assembly Street, Room 1007, Columbia, SC 

29201, (803) 253–3150. 

Shannon.Legree@sc.usda.gov. 

South Dakota 

Douglas Roehl, USDA Rural Development, 

Federal Building, Room 210, 200 4th 

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

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

Tennessee 

Will Dodson, USDA Rural Development, 

3322 West End Avenue, Suite 300, 

Nashville, TN 37203–1084, (615) 783– 

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

Texas 

Daniel Torres, USDA Rural Development, 

Federal Building, Suite 102, 101 South 

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

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

Utah 

Roger Koon, USDA Rural Development, 

Wallace F. Bennett Federal Building, 125 

South State Street, Room 4311, Salt Lake 

City, UT 84138, (801) 524–4301. 

Roger.Koon@ut.usda.gov. 

Vermont/New Hampshire 

Cheryl Ducharme, USDA Rural Development, 

89 Main Street, 3rd Floor, Montpelier, VT 

05602, 802–828–6083. 

cheryl.ducharme@vt.usda.gov. 

Virginia 

Laurette Tucker, USDA Rural Development, 

Culpeper Building, Suite 238, 1606 Santa 

Rosa Road, Richmond, VA 23229, (804) 

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

Virgin Islands (see Florida) 

Washington 

Mary Traxler, USDA Rural Development, 

1835 Black Lake Blvd., SW., Suite B, 

Olympia, WA 98512, (360) 704–7762. 

Mary.Traxler@wa.usda.gov. 

West Virginia 

Richard E. Satterfield, USDA Rural 

Development, 75 High Street, Room 320, 

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

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

Wisconsin 

Brenda Heinen, USDA Rural Development, 

4949 Kirschling Court, Stevens Point, WI 

54481, (715) 345–7615, Ext. 139. 

Brenda.Heinen@wi.usda.gov. 

Wyoming 

Jon Crabtree, USDA Rural Development, Dick 

Cheney Federal Building, 100 East B Street, 

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

82602, (307) 233–6719. 

Jon.Crabtree@wy.usda.gov. 

FOR FURTHER INFORMATION CONTACT: For 

information about this Notice, please 

contact the USDA Rural Development— 

Energy Division, Program Branch, STOP 

3225, Room 6870, 1400 Independence 

Avenue, SW., Washington, DC 20250– 

3225. Telephone: (202) 720–1400. 

For assistance on this program, 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, 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. 

The Rural Energy for America 

Program, formerly section 9006 under 

the 2002 Farm Bill, is composed of 

several types of grants and guaranteed 

loan programs. These are: Guaranteed 

loans and grants for the development/ 

construction of renewable energy 

systems and for energy efficiency 

improvement projects; grants for 

conducting energy audits; grants for 

conducting renewable energy 

development assistance; and grants for 

conducting renewable energy feasibility 

studies. 

The information collection request for 

this notice is specifically for renewable 

energy feasibility study grants, which 

are newly authorized under REAP. The 

information collection burden 

associated with the renewable energy 

system and energy efficiency 

improvement projects are currently 

approved under OMB Control Number 

0570–0050. The information collection 

burden associated with the energy audit 

and renewable energy development 

assistance grants is under review by 

OMB. 

As noted above, this is a new 

information collection for the renewable 

energy system feasibility study grant 

portion of this Notice. Thus, the burden 

estimates reported in this notice are 

associated only with the feasibility 

study grants, and the Agency is asking 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 24771 

for comment only on the burden 

estimates for these feasibility study 

grants. Once approved, the Agency 

intends to merge and incorporate the 

burden for feasibility study grants, 

reported in this notice, into the burden 

for the consolidated grant rule 

information collection that is pending 

OMB approval. 

Title: Renewable Energy Feasibility 

Study Grants (part of the Renewable 

Energy for America Program). 

Type of Request: New collection. 

Abstract: Under this Notice, the 

Agency is providing grants to eligible 

applicants for the provision of 

renewable energy system feasibility 

studies 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 the provisions of this 

Notice. Applicants seeking a grant will 

have to submit applications that include 

specific information about the applicant 

and the proposed feasibility study (e.g., 

the renewable energy project for which 

the study will be conducted; matching 

funds), and the experience of the entity 

that will be conducting the feasibility 

study. In sum, this collection of 

information is necessary in order to 

implement this Program. 

The following estimates are based on 

the average over the first three years the 

program is in place. 

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: 

354. 

Estimated Number of Responses per 

Respondent: 9.6. 

Estimated Number of Responses: 

3,395. 

Estimated Total Annual Burden 

(hours) on Respondents: 4,701. 

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. 

Renewable Energy Systems and Energy 

Efficiency Improvements Grants and 

Guaranteed Loans and Renewable 

Energy Feasibility Studies Grants under 

the Rural Energy for America Program. 

Announcement Type. Initial 

announcement. 

Catalog of Federal Domestic 

Assistance (CFDA) Number. This 

program is listed in the Catalog of 

Federal Domestic Assistance under 

Number 10.868. 

Dates. All applications must be 

completed and received in the 

appropriate United States Department of 

Agriculture (USDA) State Rural 

Development Office no later than 4:30 

p.m. local time July 31, 2009. 

Applications received after 4:30 p.m. 

local time July 31, 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/busp/ 

9006grant.htm. 

Notice Structure. Submission 

information specific to renewable 

energy system projects and energy 

efficiency improvement projects is 

found in Section IV and submission 

information specific to renewable 

energy system feasibility study projects 

is found in Section V. Requirements 

specified elsewhere in this Notice apply 

to all projects, unless otherwise stated. 

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 9007 of the 2008 

Farm Bill. The program is 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 the maximum 

percentages of funding that USDA Rural 

Development will provide. Within the 

maximum funding amounts specified in 

this Notice, funding approved for 

guaranteed loan only requests and for 

combination guaranteed loan and grant 

requests will not exceed 75 percent of 

eligible project costs, with the grant 

portion not to exceed 25 percent of 

eligible project costs, whether the grant 

is part of a combination request or is a 

stand-alone grant. 

B. Statutory Authority. This program 

is authorized under Title IX, Section 

9001, of the Food, Conservation, and 

Energy Act of 2008 (Pub. L. 110–246). 

C. Definition of Terms. The following 

terms and the terms defined in 7 CFR 

part 4280 are applicable to this Notice. 

If this Notice and 7 CFR part 4280 both 

define the same term, that term shall 

have the meaning provided in this 

Notice. 

Administrator. The Administrator of 

Rural Business—Cooperative Service 

within the Rural Development Mission 

Area of the U.S. Department of 

Agriculture. 

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. 

EEI. Energy efficiency improvement. 

Energy efficiency hydropower 

projects. Projects that improve the 

efficiency of an existing hydropower 

system, such as replacement equipment. 

Hydropower. Energy created by use of 

various types of moving water 

including, but not limited to, ocean 

movement (tidal, wave, current, or 

thermal changes); diverted run-of-river 

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

surface water. 

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 

24772 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 

any one or more of the foregoing, 

competent to carry on the business of 

developing, transmitting, utilizing, or 

distributing power. 

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: 

(A) Are byproducts of preventive 

treatments that are removed to reduce 

hazardous fuels; to reduce or contain 

disease or insect infestation; or to 

restore ecosystem health; 

(B) would not otherwise be used for 

higher-value products; and 

(C) are harvested in accordance with 

applicable law and land management 

plans and the requirements for oldgrowth maintenance, restoration, and 

management direction of paragraphs 

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

retention of paragraph (f) of subsection 

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 hydropower 

project. A new energy generation project 

that uses moving water as the feedstock 

equivalent. 

RES. Renewable energy system. 

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 renewable energy 

system feasibility studies in FY 2009 

will be not more than 10 percent of the 

funds made available under the Rural 

Energy for America Program. The 

balance of the funds unused for the 

energy audit and renewable energy 

development assistance grants and the 

feasibility study grants will be available 

to the renewable energy systems and 

energy efficiency improvements projects 

under this program in FY 2009. 

B. Number of awards. The number of 

awards will depend on the number of 

eligible applicants participating in this 

program. 

C. Grant Funding Limitations. For the 

purposes of this Notice, the maximum 

amount of grant assistance to one 

individual or entity will not exceed 

$750,000 for FY 2009 under the Rural 

Energy for America Program. The 

Agency will not use less than 20 percent 

of the funds allocated for grants of 

$20,000 or less and not more than 10 

percent of funds for grants to conduct 

renewable energy system feasibility 

studies. 

D. Types of Instrument. Grant, 

guaranteed loan, and grant/guaranteed 

loan combinations. Only grants are 

available to conduct renewable energy 

system feasibility studies. 

III. Application Submission 

Information 

Applicants seeking to participate in 

this program must submit applications 

in accordance with this Notice and 7 

CFR part 4280, subpart B, as applicable. 

Applicants must submit complete 

applications in order to be considered. 

Note that for the Agency to consider an 

application, the application must 

include all environmental review 

documents with supporting 

documentation in accordance with 7 

CFR part 1940 subpart G. 

A. Where To Obtain Applications 

Applicants may obtain applications 

from applicable Rural Development 

Rural Energy Coordinator, as provided 

in the ADDRESSES section of this Notice. 

In addition, for grant applications, 

applicants may access the electronic 

grant application for the Rural Energy 

for America Program at http:// 

www.Grants.gov. To locate the 

downloadable application package for 

this program, the applicant must use the 

program’s CFDA Number (i.e., 10.868) 

or FedGrants Funding Opportunity 

Number, which can be found at http:// 

www.Grants.gov. To use Grants.gov, all 

applicants must have a Dun and 

Bradstreet Data Universal Numbering 

System (DUNS) number, (unless the 

applicant is an individual) 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. 

B. When To Submit 

Submit applications to the 

appropriate USDA Rural Development 

State Office by July 31, 2009. All 

applications must be received at the 

appropriate State Office by 4:30 p.m. 

local time on the deadline date. 

C. Where To Submit 

All applications are to be submitted to 

the Rural Development Rural Energy 

Coordinator in the State in which the 

applicant’s proposed project is located. 

A list of Rural Development Rural 

Energy Coordinators is provided in the 

ADDRESSES section of this Notice. 

Alternatively, for grant applications, 

applicants may submit grant 

applications to the Agency via the 

Grants.gov Web site. 

D. How To Submit 

Applicants may submit applications 

as either hard copy or electronically as 

specified in the following paragraphs. 

When submitting an application as hard 

copy, applicants must submit one 

original and one copy of the complete 

application. 

(1) Grant applications. Grant 

applications may be submitted either as 

hard copy to the appropriate Rural 

Development Rural Energy Coordinator 

or electronically using the governmentwide Grants.gov Web site. Users of 

Grants.gov who download a copy of the 

application package may complete it off 

line and then upload and submit the 

application via the Grants.gov site, 

including all information typically 

included on the application, and all 

necessary assurances and certifications. 

After electronically submitting an 

application through the Web site, the 

applicant will receive an automated 

acknowledgement from Grants.gov that 

contains a Grants.gov tracking number. 

(2) Guaranteed loan applications. 

Guaranteed loan only applications (i.e., 

those that are not part of a guaranteed 

loan/grant combination request) must be 

submitted as hard copy. 

(3) Guaranteed loan/grant 

combination applications. Applications 

for guaranteed loans/grants 

(combination applications) must be 

submitted as hard copy. 

F. Other Submission Requirements and 

Information 

(1) Application restrictions. 

Applications submitted under this 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 24773 

Notice are subject to the following 

restrictions: 

(i) Applicants can apply for only one 

renewable energy system project, one 

energy efficiency improvement project, 

and one renewable energy system 

feasibility study project under this 

Notice. A renewable energy system 

application cannot be submitted in 

FY2009 if a feasibility study grant 

application has been submitted in 

FY2009 for the same renewable energy 

system project. 

(ii) Technical reviews of complete 

applications are conducted on a rolling 

basis. Once the technical review of a 

complete application has been 

completed, the applicant will not be 

allowed to modify or resubmit the 

application. 

(2) Eligibility considerations. 

Eligibility is limited to projects that 

have completed the environmental 

review process according to 7 CFR 

4280.114(d); demonstrated project 

eligibility according to 7 CFR 4280.108; 

except for renewable energy feasibility 

studies, demonstrated technical 

feasibility; and are complete will be 

eligible for funding consideration. 

(3) Grants.gov. When you enter the 

Grants.gov site, you will find 

information about submitting an 

application electronically through the 

site as well as the hours of operation. 

USDA Rural Development strongly 

recommends that applicants do not wait 

until the application deadline date to 

begin the application process through 

Grants.gov. 

(4) Original signatures. USDA Rural 

Development may request that the 

applicant provide original signatures on 

forms submitted through Grants.gov at a 

later date. 

(5) Intergovernmental review. The 

Rural Energy for America Program is 

subject to the provisions of Executive 

Order 12372, which requires 

intergovernmental consultation with 

State and local officials. 

(6) Award considerations. For 

renewable energy systems and energy 

efficiency improvements, in 

determining the amount of a loan 

guarantee or grant provided, the Agency 

shall take into consideration the 

following six criteria: 

(i) The type of renewable energy 

system to be purchased; 

(ii) The estimated quantity of energy 

to be generated by the renewable energy 

system; 

(iii) The expected environmental 

benefits of the renewable energy system; 

(iv) The quantity of energy savings 

expected to be derived from the activity, 

as demonstrated by an energy audit; 

(v) The estimated period of time for 

the energy savings generated by the 

activity to equal the cost of the activity; 

and 

(vi) The expected energy efficiency of 

the renewable energy system. 

G. Hydropower Eligibility 

For the purposes of this Notice, only 

hydropower projects with a rated power 

of 30 megawatts or less are eligible. The 

Agency refers to these hydropower 

sources as ‘‘small hydropower,’’ which 

includes hydropower projects 

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

IV. Program Provisions Specific to 

Renewable Energy Systems and Energy 

Efficiency Improvements 

This section of the notice identifies 

what information renewable energy 

system and energy efficiency 

improvement (RES/EEI) applications are 

to contain, funding limitations, and 

other submission requirements and 

award information. Except as provided 

in this Notice, RES/EEI applications are 

to follow the provisions specified in 7 

CFR 4280, subpart B. 

A. Project Eligibility 

In addition to the project eligibility 

requirements specified in § 4280.108, no 

renewable energy system or energy 

efficiency improvement, or portion 

thereof, can be used for any residential 

purpose, including any residential 

portion of a rural small business, farm, 

ranch, or agricultural facility. However, 

an applicant may apply for funding for 

the installation of a second meter or 

provide certification in the application 

that any excess power generated by the 

renewable energy system will be sold to 

the grid and will not be used by the 

applicant for residential purposes. 

B. Applications 

In addition to the requirements found 

in 7 CFR part 4280, subpart B, the 

following also applies to RES/EEI 

applications submitted under this 

Notice. 

(1) One funding type applications. 

Only one type of funding application 

(grant-only, guaranteed loan-only, or 

guaranteed loan/grant combination) for 

each project can be submitted. 

(2) Environmental information. Each 

application must include all 

environmental review documents with 

supporting documentation in 

accordance with 7 CFR part 1940 

subpart G. 

(3) Foreign technology. As stated in 7 

CFR 4280.108, projects must be for a 

pre-commercial or commercially 

available technology. The definition of 

‘‘pre-commercial’’ and ‘‘commercial’’ 

are at 7 CFR 4280.103. The Agency’s 

position is that if the system is currently 

commercially available only outside the 

United States (U.S.), then applicants 

must provide authoritative evidence of 

the foreign operating history, 

performance, and reliability in order to 

address the proven operating history 

identified in the definition. 

‘‘Commercial’’ applicants must provide 

evidence that professional service 

providers, trades, large construction 

equipment providers and labor are 

readily available domestically and 

familiar with installation procedures 

and practices, and spare parts and 

service are readily available in the U.S. 

to properly maintain and operate the 

system. All warranties must be valid in 

the U.S. 

(4) Commercial application 

demonstration of precommercial 

technologies. In accordance with the 

definition of ‘‘pre-commercial’’ 

technology found in 7 CFR 4280.103, 

technical and economic potential for 

commercial application must be 

demonstrated to the Agency. In order to 

demonstrate the system has emerged 

through research and development as 

well as the demonstration process, 

applicants must provide authoritative 

evidence of the operating history, 

performance, and reliability past 

completion of start-up, shake-down, and 

commissioning. Typically, and in line 

with financial and operating 

performance evaluation protocol, the 

documented operating history, which 

may be established domestically or 

outside the U.S., should provide 

performance data for a minimum of 12 

months. The time period will address 

the economic and technical 

performance potential of the precommercial technology, as defined in 7 

CFR 4280.103. Lastly, in accordance 

with demonstrating the potential for 

commercial application, applicants 

must provide evidence that professional 

service providers, trades, large 

construction equipment providers, and 

labor are potentially available 

domestically and sufficiently familiar 

with installation procedures and 

practices, and spare parts and service 

are available in the U.S. to properly 

maintain and operate the system. Any 

warranties would have to be valid in the 

U.S. 

(5) Format. To ensure that projects are 

accurately scored by the Agency, 

applicants are requested to tab and 

number each evaluation criteria and 

include, in that section, its 

corresponding supporting 

documentation and calculations 

according to 7 CFR 4280.112. 

24774 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 

(6) Technical report appendices. 

Technical reports for hydropower 

projects shall conform to Appendix A of 

this Notice. Technical reports for other 

renewable energy projects shall 

continue to conform to Appendix A or 

B, as applicable, to 7 CFR part 4280, 

subpart B. 

D. Funding Limitations 

(1) Grant-only applications. For 

renewable energy system grants, the 

minimum grant is $2,500 and the 

maximum is $500,000. For energy 

efficiency improvement grants, the 

minimum grant is $1,500 and the 

maximum grant is $250,000. 

(2) Loan guarantee-only applications. 

For loan guarantees, the minimum 

guaranteed loan amount is $5,000 and 

the maximum amount of a guarantee to 

be provided to a borrower is $25 

million. The maximum loan guarantee 

for a guaranteed loan in excess of $10 

million is 60%. For FY 2009, the 

guarantee fee amount is 1 percent of the 

guaranteed portion of the loan and the 

annual renewal fee is 0.250 percent 

(one-quarter of one percent) of the 

guaranteed portion of the loan. 

(3) Guaranteed loan and grant 

combination applications. Funding for 

grant and loan combination packages 

are subject to the funding limitations 

specified in paragraphs (1) and (2) of 

this section. For grant and loan 

combination packages, the minimum 

grant portion of the combined funding 

request is $1,500 for energy efficiency 

improvement projects and $2,500 for 

renewable energy system projects. All 

grant and loan combination packages 

will be funded from the same allocation 

as loan guarantees. 

E. Award Process 

In addition to the process for 

awarding funding under 7 CFR part 

4280, subpart B, the Agency will make 

awards using the following 

considerations: 

(1) Scoring criteria. In addition to the 

criteria specified in § 4280.112(e), the 

Agency will award 10 points to grantonly applications requesting $20,000 or 

less. 

(2) Technical review. Every RES/EEI 

application will receive a technical 

review. No RES/EEI application will 

receive more than one technical review. 

(3) Demonstrated financial need. As 

required in §§ 4280.108(a)(5), 

4280.109(b)(2), and 4280.193(a), the 

applicant for a grant or combination 

guaranteed loan and grant must 

demonstrate financial need. Only those 

packages that demonstrate financial 

need will be considered for funding. 

(4) Combination applications. To 

ensure equitable competition and high 

quality projects, the grant portion of a 

combination application must score at 

least 20 points for technical merit. Only 

those combination packages that score a 

sufficient amount of technical merit 

points will be considered for funding. 

Applicants whose combination 

applications are approved for funding 

must accept and utilize both the loan 

and the grant. 

(5) Grant-only applications of $20,000 

or less. As directed by statute, the 

Agency will use not less than 20 percent 

of the funds allocated to the Rural 

Energy for America Program for grants 

of $20,000 or less. The Agency will 

establish a reserve at the National Office 

and States with grant-only requests of 

$20,000 or less may request funds from 

the reserve. 

(6) Change of contractor or vendor. 

After an award has been made, the 

recipient of the award can request to 

change a contractor or vendor if the 

technical merit score for the project 

remains the same or is higher. Prior to 

changing a contractor or vendor, the 

recipient must submit to the Agency a 

written request providing information 

that allows the Agency to rescore the 

project’s technical merit. If the Agency 

determines that the project achieves the 

same or higher technical merit score, the 

recipient may make the change. No 

additional funding will be available 

from the Agency if costs for the project 

have increased. If the Agency 

determines that the project does not 

achieve the same or higher technical 

merit score, the change will not be 

approved. 

(7) 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. 

V. Program Provisions for Renewable 

Energy Feasibility Study Grants 

Under 7 CFR part 4280, subpart B, 

certain renewable energy system project 

applications must include a business 

level feasibility study (see 

§ 4280.111(b)(8)). Such feasibility 

studies are now an eligible purpose 

under the Rural Energy for America 

Program for which a grant may be 

awarded. This section of the Notice 

identifies the procedures the Agency 

will use to process and select such 

feasibility study applications, award 

grants, and administer such financial 

assistance. 

A. Existing Regulations 

Applicants submitting applications 

for feasibility studies are subject to the 

provisions of this Notice and to the 

grant provisions of 7 CFR part 4280, 

subpart B, as may be modified under 

this section of this Notice. 

B. Specific Requirements for This Notice 

As noted in the previous paragraph, 

the grant provisions of 7 CFR part 4280, 

subpart B, apply to applicants and their 

applications submitted under this 

Notice except as modified in this 

section of this Notice. 

(1) Applicant eligibility. In order to be 

eligible for a feasibility study grant 

under this Notice, the applicant must: 

(i) be a rural small business or 

agricultural producer as defined in 

§ 4280.103, and 

(ii) meet the eligibility criteria of 

§ 4280.107. 

(2) Project eligibility. Feasibility 

studies must be for a renewable energy 

system that: 

(i) is for the purchase, installation, 

expansion, or other energy-related 

improvement of a renewable energy 

system; 

(ii) is located in a rural area; and 

(iii) is for technology that is precommercial or commercially available, 

and that is replicable. 

(3) Grant funding. The maximum 

amount for a feasibility study grant 

under this Notice is $50,000 or 25 

percent of the eligible project cost (as 

described below) of the study, 

whichever is less. The grantee will have 

2 years from the date of the grant 

agreement to provide the Agency with a 

complete and acceptable feasibility 

study and to request disbursement of 

the funds as described in Section V(12) 

of this notice. If the grantee does not 

submit to the Agency a complete and 

acceptable feasibility study within this 

2 year period, the grant is subject to 

termination by and reimbursement to 

the Agency according to 7 CFR 3015. 

(4) Eligible project costs. Only those 

costs incurred after the application date 

specific to the development of the 

feasibility study (refer to Appendix B for 

further information on the content of a 

feasibility study) will be considered by 

the Agency in determining the size of 

the grant. 

(5) Application restrictions. 

Feasibility study applications: 

(i) can only be submitted as a standalone grant application; 

(ii) cannot be submitted for a 

renewable energy system project for 

which a feasibility study has been 

conducted or funded under any Federal 

or State program; 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 24775 

(iii) can be submitted for a 

modification to an existing renewable 

energy system (e.g., for the expansion 

portion of an existing windmill farm); 

and 

(iv) cannot be submitted in FY 2009 

for a RES project if an RES application 

for the same renewable energy system is 

submitted in FY 2009 and vice versa. 

(6) Applications. An original and one 

complete copy of each application are 

required that follow the outline below. 

Each application must include a Table 

of Contents with clear pagination and 

chapter identification and the following: 

(i) Form SF 424, Application for 

Federal Assistance; 

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

(iii) If an entity, one copy of the 

applicant’s organizational documents; 

and 

(iv) A proposed work plan, which 

includes: 

(A) a brief description of the proposed 

system the feasibility study will 

evaluate; 

(B) a description of the feasibility 

study to be conducted. An acceptable 

feasibility study is outlined in 

Appendix B to this Notice. Applicants 

must require those conducting the 

feasibility study to consider and 

document within the feasibility study 

the important environmental factors 

within the planning area and the 

potential environmental impacts of the 

project for which the feasibility study is 

being conducted, as well as the 

alternatives considered. 

(C) the timeframe for completion of 

the feasibility study; 

(D) the experience of the company/ 

individual completing the feasibility 

study, including the number of similar 

projects the company/individual has 

performed, the number of years the 

company has been performing a similar 

service, and corresponding resumes; 

(E) the source and amount of other 

project funds needs to be clearly 

identified. Agency approved written 

documentation/confirmation from any 

third party committing a specific 

amount of such funds is required. 

Documentation includes such items as 

bank statements, lender commitment 

letters, and so forth; 

(F) sufficient financial information to 

allow the Agency to determine the 

applicant’s size. All information 

submitted under this paragraph must be 

substantiated by authoritative records. 

(1) If the applicant is a rural small 

business, provide sufficient information 

to determine its total annual receipts 

and number of employees and the same 

information for any parent, subsidiary, 

or affiliates at other locations. 

Voluntarily providing tax returns is one 

means of satisfying this requirement. 

The information provided must be 

sufficient for the Agency to make a 

determination of business size as 

defined by SBA. 

(2) If the applicant is an agricultural 

producer, provide the gross market 

value of the agricultural products, gross 

agricultural income, and gross nonfarm 

income of the applicant for the calendar 

year preceding the year in which the 

application is submitted; and 

(G) any Intergovernmental review 

comments from the State Single Point of 

Contact, or evidence that the State has 

elected not to review the program under 

Executive Order 12372; and 

(H) A certification that the applicant 

has not received any other Federal or 

State assistance for a feasibility study 

for the subject renewable energy system. 

(7) Evaluation of applications. 

Feasibility study applications submitted 

under this Notice will be evaluated by 

the applicable Rural Energy Coordinator 

for eligibility, completeness, and 

scoring. 

(i) General review. The Agency will 

evaluate each application and make a 

determination as to whether the 

applicant is eligible, the proposed grant 

is for an eligible feasibility study, and 

the proposed grant complies with all 

applicable statutes and regulations. 

(A) Applicant eligibility. The Agency 

will first determine whether the entity 

is eligible to compete for a feasibility 

study grant. Applications for applicants 

determined by the Agency not to be 

eligible will not be processed further. 

The Agency will determine applicant 

eligibility based on the criteria specified 

in this section. 

(B) Proposal eligibility. After 

determining applicant eligibility, the 

Agency will review the application to 

determine if the proposal is eligible. 

Applications determined by the Agency 

not to be eligible will not be processed 

further. The Agency will determine 

whether the application contains 

certification by the applicant that the 

applicant has neither sought nor 

received any other Federal or State 

assistance for a feasibility study on the 

subject facility. If the application does 

not contain such certification, it is an 

ineligible application and the Agency 

will stop processing the application. If 

the application contains such 

certification, the Agency will continue 

processing it. 

(ii) Ineligible applicants and 

applications. If either the applicant or 

the application is ineligible, the Agency 

will inform the applicant in writing of 

the decision, reasons therefore, and any 

appeal rights. No further evaluation of 

the application will occur. 

(iii) Incomplete applications. If the 

application is incomplete, the Agency 

will return it to the applicant. The 

Agency will identify those parts of the 

application that are incomplete. The 

applicant may resubmit the application, 

as long as it is received prior to the July 

31, 2009, deadline date. 

(8) Scoring applications. The Agency 

will assign a score to each eligible 

application as follows: 

(i) Energy replacement or generation. 

The project can be for either 

replacement or generation, but not both. 

A maximum of 25 points can be 

awarded under this section. 

(A) Energy replacement. 25 points 

will be awarded if proposed project will 

offset a portion or all of the applicants 

energy needs. 

(B) Energy generation. 15 points will 

be awarded if the proposed renewable 

energy system is intended primarily for 

production of energy for sale. 

(ii) Commitment of funds for the 

feasibility study. Other federal or state 

assistance for only the feasibility study 

would make the request ineligible. 

Appropriate documentation must verify 

commitment. A maximum of 10 points 

can be awarded under this section. 

(A) 10 points—100% of matching 

funds. 

(B) 7.5 points—75% up to, but not 

including 100% of matching funds. 

(C) 5 points—50% up to, but not 

including 75% of matching funds. 

(D) 0 points—less than 50% of 

matching funds. 

(iii) Designation as a small 

agricultural producer/very small 

business. An applicant will be 

considered either an agricultural 

producer or rural small business. No 

applicant will be considered as both. 

Points will only be awarded under 

either paragraph (iii)(A) or (iii)(B). A 

maximum of 20 points can be awarded 

under this section. 

(A) For an Agricultural Producer: 

(1) 10 points will be awarded if the 

applicant is an agricultural producer 

producing agricultural products with a 

gross market value of less than $600,000 

in the preceding year, or 

(2) 20 points will be awarded if the 

applicant is an agricultural producer 

producing agricultural products with a 

gross market value of less than $200,000 

in the preceding year. 

(B) For a Rural Small Business, 20 

points will be awarded if the applicant 

is a very small business, as defined in 

§ 4280.103. 

(iv) Experience and qualifications of 

the entity identified to perform the 

feasibility study. A maximum of 15 

24776 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 

points can be awarded under this 

section. 

(A) 15 points will be awarded if the 

entity has 5 or more years experience in 

the field of study for the technology 

field being proposed. 

(B) 7.5 points will be awarded if the 

entity has 2 or more years, but less than 

5 years, experience in the field of study 

for the technology field being proposed. 

(C) 0 points will be awarded if the 

entity has less than 2 years experience 

in the field of study for the technology 

field being proposed. 

(v) Size of feasibility study grant 

request. A maximum of 20 points can be 

awarded under this section. 

(A) 20 points will be awarded if the 

feasibility study request is $10,000 or 

less. 

(B) 10 points will be awarded if the 

feasibility study request is more than 

$10,000 up to $25,000. 

(C) 0 points will be awarded if the 

feasibility study request is greater than 

$25,000. 

(vi) Resources to implement project. 

Considering the technology being 

proposed, the applicant may qualify for 

other local or State Programs to assist in 

the construction, or operation of the 

facility. These programs will benefit the 

applicant and/or proposed project 

during or after the facility is constructed 

and operational. A maximum of 10 

points can be awarded under this 

section. 

(A) 5 points will be awarded if the 

applicant has identified local programs. 

(B) 5 points will be awarded if the 

applicant has identified State programs. 

(9) Award Process. The Agency will 

use the following process to determine 

which grants receive funding under this 

Notice. 

(i) 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. 

(ii) Selection of applications for 

funding. Applications will be selected 

based on their rank in accordance with 

their scores. 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 Agency 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 Agency must determine the 

project is financially feasible at the 

lower amount. The Agency will notify, 

in writing, applicants whose 

applications have been selected for 

funding. 

(iii) 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. 

(10) Actions prior to grant closing. 

(i) Environmental. If construction is a 

component of the study, the appropriate 

level of environmental assessment must 

be completed prior to the obligation of 

funds. All feasibility study grants made 

under this Notice are subject to the 

requirements of subpart G of part 1940 

of this title. When construction is not a 

component of the study, feasibility 

studies are considered planning 

assistance, which are categorically 

excluded from the environmental 

review process by § 1940.333 of this 

title. 

(ii) Changes in project cost or scope. 

If there is a significant reduction in 

project cost or changes in project scope, 

the applicant’s funding needs, 

eligibility, and scoring, as applicable, 

will be reassessed. Decreases in Agency 

funds will be based on revised project 

costs and other selection factors; 

however, other factors, including 

Agency regulations used at the time of 

grant approval, will remain the same. 

Obligated grant funds not needed to 

complete the project will be deobligated. 

(iii) Evidence of other funds. 

Applicants expecting funds from other 

sources for use in completing projects 

being partially financed with Agency 

funds will present evidence of the 

commitment of these funds from such 

other sources. 

(11) Approval Process. 

(i) 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 

grant is completed in accordance with 

the terms of the scope of work and 

budget, that grant funds are expended 

for the feasibility study, and that the 

applicable requirements prescribed in 

the relevant Department regulations are 

complied with. The Letter of Conditions 

will be sent to the applicant. 

(ii) Letter of 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. 

(iii) Grant agreement, forms, and 

certifications. Prior to grant approval, 

the applicant must complete, sign, and 

return a grant agreement, which is 

attached to this notice as Appendix C. 

In addition, the following forms and 

certifications must be submitted prior to 

grant approval: 

(A) Certification that the feasibility 

study grant will be for a renewable 

energy system project that is located in 

a rural area; 

(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.’’ 

(iv) Grant approval. Form RD 1940–1 

must be signed by the applicant. 

(A) The applicant will be sent a copy 

of the executed Form RD 1940–1, the 

approved scope of work, and a grant 

agreement (see Appendix C to this 

Notice). The grant will be considered 

closed on the obligation date. 

(B) 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 the 

requirements may result in termination 

of the grant and adoption of other 

available remedies. 

(12) Fund disbursement. Grant funds 

will be expended on a pro rata basis 

with matching funds. 

(i) Requests for reimbursement may be 

submitted monthly or more frequently if 

authorized to do so by the Agency. 

Ordinarily, payment will be made 

within 30 days after receipt of a proper 

request for reimbursement. 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 24777 

(ii) The 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. 

(iii) Payment shall be made by 

electronic funds transfer. 

(iv) Standard Form 270, ‘‘Request for 

Advance or Reimbursement,’’ or other 

format prescribed by the Agency shall 

be used to request grant 

reimbursements. 

(v) For renewable energy system 

feasibility studies, grant funds will be 

disbursed in accordance with the above 

through 90 percent of grant 

disbursement. The final 10 percent of 

grant funds will be held by the Agency 

until a feasibility study acceptable to the 

Agency has been submitted. 

(13) Deobligation of grant funds. 

Funds remaining after all costs incident 

to the project have been paid or 

provided for are subject to deobligation. 

(14) Monitoring and reporting project 

performance. 

(i) Monitoring of project. 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. 

(ii) 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. The final Financial Status 

Report must be submitted to the Agency 

within 90 days after the feasibility study 

has been completed. 

(iii) Performance reports. Grantees 

must submit to the Agency, in writing, 

semiannual performance reports and a 

final performance report. Grantees are to 

submit an original of each report to the 

Agency. 

(A) Semiannual performance reports. 

Each semiannual performance report 

shall describe current progress and 

identify any problems, delays, or 

adverse conditions, if any, which have 

affected or will affect attainment of 

overall project objectives or prevent 

meeting time frame for completion of 

the feasibility study within two years. 

This disclosure shall be accompanied by 

a statement of the action taken or 

planned to resolve the situation. 

(B) Final performance report. A final 

performance report, which will serve as 

the last semiannual performance report, 

will be required within 90 days after the 

feasibility study has been completed. 

The final performance report shall 

summarize any problems, delays, or 

adverse conditions, if any, which have 

affected the project objectives or 

prevented meeting time frames for 

completion of the feasibility study. The 

final performance report should indicate 

if the grantee intends to proceed with 

the construction of the project. 

(iv) Final deliverables. Upon 

completion of the feasibility study, the 

grantee shall submit the following to the 

Agency: 

(A) the project feasibility study; and 

(B) SF–270, ‘‘Request for Advance or 

Reimbursement.’’ 

(v) Reports required after feasibility 

study completion. Beginning the first 

full year after the feasibility study has 

been completed, grantees shall report 

annually for 2 years on the following: 

(A) Is the renewable energy system 

project for which the feasibility study 

was conducted underway? If yes, 

describe how far along the renewable 

energy system project is (e.g., financing 

has been secured, site has been secured, 

construction contracts are in place, 

project completed). 

(B) Is the renewable energy system 

project complete? If so, what is the 

actual amount of energy being 

produced? 

(vi) Other reports. The Agency may 

request any additional project and/or 

performance data for the project for 

which grant funds have been received. 

(15) Financial Management System 

and Records. Grantees are required to 

maintain a financial management 

system and records in accordance with 

7 CFR 3015. 

(16) 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 records and operations by a 

representative of the Agency. All nonconfidential information resulting from 

the grantee’s activities shall be made 

available to the general public on an 

equal basis. 

(17) 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. 

(18) Transfer of obligations. Subject to 

Agency approval, an obligation of funds 

established for a grantee may be 

transferred to a different (substituted) 

grantee provided: 

(i) The substituted grantee 

(A) is eligible; 

(B) has a close and genuine 

relationship with the original grantee; 

and 

(C) has the authority to receive the 

assistance approved for the original 

grantee; and 

(ii) The type of renewable energy 

technology and the scope of the project 

for which the Agency funds will be used 

remain unchanged. 

(19) Grant closeout and related 

activities. In addition to the 

requirements specified in the 

Departmental regulations, failure to 

submit satisfactory reports on time 

under the provisions of the Monitoring 

and Reporting Project Performance 

requirements of this Notice may result 

in the suspension or termination of a 

grant. The provisions of this section 

apply to grants and sub-grants. 

VI. Administrative Information 

Applicable to This Notice 

A. Notifications 

(1) 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 appeal rights as 

specified in this Notice. 

(2) Award. Each applicant will be 

notified of the Agency’s decision on 

their application. 

B. Administrative and National Policy 

Requirements 

(1) Review or appeal rights. A person 

may seek a review of an Agency 

24778 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 

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 of this 

title. If the review or appeal involves a 

combination funding request, both the 

lender and borrower must request the 

review or appeal. 

(2) Notification. If at any time prior to 

application approval it is decided that 

favorable action will not be taken on an 

application, the Agency 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 informal review, mediation, 

and appeal of the decision in 

accordance with 7 CFR part 11 and 7 

CFR part 1900, subpart B. 

C. Exception Authority 

Except as specified in paragraphs (1) 

through (3) of this section, 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. 

(3) Rural area definition. No 

exception to the definition of rural area 

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 

therefrom; 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. Other USDA Regulations 

Feasibility study grants awarded 

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 further 

information about this Notice, please 

contact the USDA Rural DevelopmentEnergy Division, Program Branch, STOP 

3225, Room 6867, 1400 Independence 

Avenue, SW., Washington, DC 20250– 

3225. Telephone: (202) 720–1400. 

For assistance on this Notice, please 

contact one of Rural Development’s 

Rural Energy Coordinators, as provided 

in the ADDRESSES section of this Notice. 

VIII. Nondiscrimination 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, employer, and 

lender.’’ 

IX. Civil Rights Compliance 

Requirements 

All grants and guaranteed loans made 

under this Notice are subject to title VI 

of the Civil Rights Act of 1964 and part 

1901, subpart E of this title. 

Dated: May 18, 2009. 

William F. Hagy III, 

Acting Administrator, Rural BusinessCooperative Service. 

Appendix A—Technical Reports for 

Hydropower Projects 

The technical requirements specified in 

this appendix apply to all hydropower 

projects. Hydropower projects are those 

projects that create energy from moving 

water, including, but not necessarily 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 geo-thermally heated surface water. 

The Technical Report for hydropower 

projects must demonstrate that the project 

design, procurement, installation, startup, 

operation, and maintenance of the renewable 

energy system will operate or perform as 

specified over its design life in a reliable and 

a cost-effective manner. The Technical 

Report must also identify all necessary 

project agreements, demonstrate that those 

agreements will be in place, and that 

necessary project equipment and services are 

available over the design life. 

All technical information provided must 

follow the format specified in this appendix. 

Supporting information may be submitted in 

other formats. Design drawings and process 

flowcharts are encouraged as exhibits. A 

discussion of each topic is not necessary if 

the topic is not applicable to the specific 

project. Questions identified in the Agency’s 

technical review of the project must be 

answered to the Agency’s satisfaction before 

the application will be approved. The 

applicant must submit the original technical 

report plus one copy to the Rural 

Development State Office. Hydropower 

projects with total eligible project costs 

greater than $400,000 require the services of 

a licensed professional engineer (PE) or team 

of PEs. Depending on the level of engineering 

required for the specific project or if 

necessary to ensure public safety, the 

services of a licensed PE or a team of licensed 

PEs may be required for smaller projects. 

(a) Qualifications of project team. The 

hydropower project team should consist of a 

system designer, a project manager, an 

equipment supplier, a project engineer, a 

construction contractor, and a system 

operator and maintainer. One individual or 

entity may serve more than one role. The 

project team must have demonstrated 

expertise in hydropower development, 

engineering, installation, and maintenance. 

Authoritative evidence that project team 

service providers have the necessary 

professional credentials or relevant 

experience to perform the required services 

must be provided. Authoritative evidence 

that vendors of proprietary components can 

provide necessary equipment and spare parts 

for the system to operate over its design life 

must also be provided. The application must: 

(1) Discuss the proposed project delivery 

method. Such methods include a design, bid, 

build where a separate engineering firm may 

design the project and prepare a request for 

bids and the successful bidder constructs the 

project at the applicant’s risk, and a design/ 

build method, often referred to as turnkey, 

where the applicant establishes the 

specifications for the project and secures the 

services of a developer who will design and 

build the project at the developer’s risk; 

(2) Discuss the hydropower equipment 

manufacturers of major components being 

considered in terms of the length of time in 

business and the number of units installed at 

the capacity and scale being considered; 

(3) Discuss the project manager, equipment 

supplier, system designer, project engineer, 

and construction contractor qualifications for 

engineering, designing, and installing 

hydropower systems, including any relevant 

certifications by recognized organizations. 

Provide a list of the same or similar projects 

designed, installed, or supplied and currently 

operating with references, if available; and 

(4) Describe the system operator’s 

qualifications and experience for servicing, 

operating, and maintaining hydropower 

projects. Provide a list of the same or similar 

projects designed, installed, or supplied and 

currently operating with references, if 

available. 

(b) Agreements, permits, and certifications. 

Identify all necessary agreements and permits 

required for the project and the status and 

schedule for securing those agreements and 

permits, including the items specified in 

paragraphs (b)(1) through (6). 

(1) Identify zoning and code issues and 

required permits and the anticipated 

schedule for meeting those requirements and 

securing those permits. This list should 

include all local, state, and federal permits 

required, estimated timeline for each permit 

and current status of acquiring each permit. 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 24779 

(2) Identify land use agreements required 

for the project and the anticipated schedule 

for securing the agreements and the term of 

those agreements. 

(3) Identify available component 

warranties for the specific project location 

and size. 

(4) For systems planning to interconnect 

with a utility, describe the utility’s system 

interconnection requirements, power 

purchase arrangements, or licenses where 

required and the anticipated schedule for 

meeting those requirements and obtaining 

those agreements. 

(5) Identify all environmental issues, 

including environmental compliance issues, 

associated with the project on Form RD 

1940–20, ‘‘Request for Environmental 

Information,’’ and in compliance with 7 CFR 

part 1940, subpart G, of this title. (Note: The 

environmental review process, including all 

required publications must be completed 

prior to approval of any Rural Development 

funding.) The applicant may want to work 

with all federal organizations involved with 

the project, to promulgate a single 

environmental review document. 

(6) Submit a statement certifying that the 

project will be installed in accordance with 

applicable local, State, and national codes, 

regulations, and permits. 

(c) Resource assessment. Provide adequate 

and appropriate data to demonstrate the 

amount of renewable resource available. 

Indicate the quality of the resource, including 

temperature (if applicable), flow, and 

sustainability of the resource, including a 

summary of the resource evaluation process 

and the specifications of the measurement 

setup and the date and duration of the 

evaluation process and proximity to the 

proposed site. If less than 1 year of data is 

used, a qualified consultant must provide a 

detailed analysis of the correlation between 

the site data and a nearby, long-term 

measurement site. 

(d) Design and engineering. Provide 

authoritative evidence that the system will be 

designed and engineered so as to meet its 

intended purpose, will ensure public safety, 

and will comply with applicable laws, 

regulations, agreements, permits, codes, and 

standards. Projects shall be engineered by a 

qualified party. Systems must be engineered 

as a complete, integrated system with 

matched components. The engineering must 

be comprehensive, including site selection, 

system and component selection, conversion 

system component and selection, design of 

the local collection grid, interconnection 

equipment selection, and system monitoring 

equipment. Systems must be constructed by 

a qualified party. 

(1) Provide a concise but complete 

description of the hydropower project, 

including location of the project, resource 

characteristics, system specifications, electric 

power system interconnection equipment 

and project monitoring equipment. Identify 

possible vendors and models of major system 

components. Provide the expected system 

energy production on a monthly and annual 

basis. 

(2) Describe the project site and address 

issues such as site access, proximity to the 

electrical grid, environmental concerns with 

emphasis on land use, air quality, water 

quality, habitat fragmentation, visibility, 

noise, construction, and installation issues. 

Identify any unique construction and 

installation issues. 

(e) Project development schedule. Identify 

each significant task, its beginning and end, 

and its relationship to the time needed to 

initiate and carry the project through startup 

and shakedown. Provide a detailed 

description of the project timeline, including 

resource assessment, system and site design, 

permits and agreements, equipment 

procurement, and system installation from 

excavation through startup and shakedown. 

(f) Project economic assessment. Provide a 

study that describes the costs and revenues 

of the proposed project to demonstrate the 

financial performance of the proposed 

project. Provide a detailed analysis and 

description of project costs, including project 

management, resource assessment, project 

design, project permitting, land agreements, 

equipment, site preparation, system 

installation, startup and shakedown, 

warranties, insurance, financing, professional 

services, and operations and maintenance 

costs. Provide a detailed description of 

applicable investment incentives, 

productivity incentives, loans, and grants. 

Provide a detailed analysis and description of 

annual project revenues, including electricity 

sales, production tax credits, revenues from 

green tags, and any other production 

incentive programs throughout the life of the 

project. Provide a description of planned 

contingency fees or reserve funds to be used 

for unexpected large component replacement 

or repairs and for low productivity periods. 

In addition, provide other information 

necessary to assess the project’s cost 

effectiveness. 

(g) Equipment procurement. Demonstrate 

that equipment required by the system is 

available and can be procured and delivered 

within the proposed project development 

schedule. Hydropower systems may be 

constructed of components manufactured in 

more than one location. Provide a description 

of any unique equipment procurement issues 

such as scheduling and timing of component 

manufacture and delivery, ordering, 

warranties, shipping, receiving, and on-site 

storage or inventory. Provide a detailed 

description of equipment certification. 

Identify all the major equipment that is 

proprietary and justify how this unique 

equipment is needed to meet the 

requirements of the proposed design. Include 

a statement from the applicant certifying that 

‘‘open and free’’ competition will be used for 

the procurement of project components in a 

manner consistent with the requirements of 

7 CFR part 3015 of this title. 

(h) Equipment installation. Describe fully 

the management of and plan for site 

development and system installation, 

provide details regarding the scheduling of 

major installation equipment, including 

cranes, barges or other devices, needed for 

project construction, and provide a 

description of the startup and shakedown 

specifications and process and the conditions 

required for startup and shakedown for each 

equipment item individually and for the 

system as a whole. Include a statement from 

the applicant certifying that equipment 

installation will be made in accordance with 

all applicable safety and work rules. 

(i) Operations and maintenance. Identify 

the operations and maintenance 

requirements of the system necessary for the 

system to operate as designed over the design 

life. The application must: 

(1) Ensure that systems must have at least 

a 3-year warranty for equipment. Provide 

information regarding turbine warranties and 

availability of spare parts; 

(2) Describe the routine operations and 

maintenance requirements of the proposed 

project, including maintenance schedules for 

the mechanical and electrical systems and 

system monitoring and control requirements; 

(3) Provide information that supports 

expected design life of the system and timing 

of major component replacement or rebuilds; 

(4) Provide and discuss the risk 

management plan for handling large, 

potential failures of major components such 

as the turbine gearbox or rotor. Include in the 

discussion, costs and labor associated with 

the operation and maintenance of the system, 

and plans for in-sourcing or out-sourcing; 

(5) Describe opportunities for technology 

transfer for long-term project operations and 

maintenance by a local entity or owner/ 

operator; and 

(6) For owner maintained portions of the 

system, describe any unique knowledge, 

skills, or abilities needed for service 

operations or maintenance. 

(j) Dismantling and disposal of project 

components. Describe a plan for dismantling 

and disposing of project components and 

associated wastes at the end of their useful 

lives. Describe the budget for and any unique 

concerns associated with the dismantling and 

disposal of project components and their 

wastes. 

Appendix B—Renewable Energy 

System Feasibility Study 

Elements in an acceptable feasibility study 

include, but are not necessarily limited to, 

the following elements: 

• Executive Summary 

• Economic Feasibility 

• Market Feasibility 

• Technical Feasibility (including the 

appropriate technical report) 

• Financial Feasibility 

• Management Feasibility 

• Qualifications 

As noted above, both a technical report for 

the project and an economic analysis of the 

project are required as part of the feasibility 

study. The technical report to be provided 

must conform to that required under 7 CFR 

part 4280, as applicable or, if the renewable 

energy system is a hydropower project, under 

this notice. The following paragraphs 

describe the contents that each of section that 

the feasibility study must contain, as 

applicable. 

Executive Summary. Provide an 

introduction and overview of the project. In 

the overview, describe the nature and scope 

of the proposed project, including purpose, 

project location, design features, capacity, 

and estimated total capital cost. Include a 

summary of each of the elements of the 

feasibility study, including: 

24780 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 

• Economic feasibility determinations. 

• Market feasibility determinations. 

• Technical feasibility determinations. 

• Financial feasibility determinations. 

• Management feasibility determinations. 

In addition, include a section on 

recommendations for implementation of the 

proposed project. 

Economic Feasibility. Provide information 

regarding project site; the availability of 

trained or trainable labor; and the availability 

of infrastructure, including utilities, and rail, 

air and road service to the site. Discuss 

feedstock source management, including 

feedstock collection, pre-treatment, 

transportation, and storage, and provide 

estimates of feedstock volumes and costs. 

Discuss the proposed project’s potential 

impacts on existing manufacturing plants or 

other facilities that use similar feedstock if 

the proposed technology is adopted. Provide 

projected impacts of the proposed project on 

resource conservation, public health, and the 

environment. Provide an overall economic 

impact of the project including any 

additional markets created (e.g., for 

agricultural and forestry products and 

agricultural waste material) and potential for 

rural economic development. Provide 

feasibility/plans of project to work with 

producer associations or cooperatives 

including estimated amount of annual 

feedstock and biofuel and byproduct dollars 

from producer associations and cooperatives. 

Market Feasibility. Provide information on 

the sales organization and management. 

Discuss the nature and extent of market and 

market area and provide marketing plans for 

sale of projected output, including both the 

principle products and the by-products. 

Discuss the extent of competition including 

other similar facilities in the market area. 

Provide projected total supply and projected 

competitive demand of raw materials. 

Describe the procurement plan, including 

projected procurement costs and the form of 

commitment of raw materials (marketing 

agreements, etc.). Identify commitments from 

customers or brokers for both the principle 

products and the by-products. Discuss all 

risks related to the industry, including 

industry status. 

Technical Feasibility. The technical 

feasibility report shall be based upon 

verifiable data and contain sufficient 

information and analysis so that a 

determination may be made on the technical 

feasibility of achieving the levels of income 

or production that are projected in the 

financial statements. The Project engineer or 

architect is considered an independent party 

provided neither the principals of the firm 

nor any individual of the firm who 

participates in the technical feasibility report 

has a financial interest in the project. If no 

other individual or firm with the expertise 

necessary to make such a determination is 

reasonably available to perform the function, 

an individual or firm that is not independent 

may be used. 

Identify any constraints or limitations in 

the financial projections and any other 

facility or design-related factors that might 

affect the success of the enterprise. Identify 

and estimate project operation and 

development costs and specify the level of 

accuracy of these estimates and the 

assumptions on which these estimates have 

been based. 

Discuss all risks related to construction of 

the project and regulation and governmental 

action as they affect the technical feasibility 

of the project. 

Financial Feasibility. Discuss the reliability 

of the financial projections and assumptions 

on which the financial statements are based 

including all sources of project capital both 

private and public, such as Federal funds. 

Provide three years (minimum) projected 

Balance Sheets and Income Statements and 

cash flow projections for the life of the 

project. Discuss the ability of the business to 

achieve the projected income and cash flow. 

Provide an assessment of the cost accounting 

system. Discuss the availability of short-term 

credit or other means to meet seasonable 

business costs and the adequacy of raw 

materials and supplies. Provide a sensitivity 

analysis, including feedstock and energy 

costs. Discuss all risks related to the project, 

borrower financing plan, the operational 

units, and tax issues. 

Management Feasibility. Discuss the 

continuity and adequacy of management. 

Identify borrower and/or management’s 

previous experience concerning the receipt of 

federal financial assistance, including 

amount of funding, date received, purpose, 

and outcome. Discuss all risks related to the 

borrower as a company (e.g., borrower is at 

the Development-Stage) and conflicts of 

interest, including appearances of conflicts of 

interest. 

Qualifications. Provide a resume or 

statement of qualifications of the author of 

the feasibility study, including prior 

experience. 

Appendix C—Grant Agreement for 

Renewable Energy System Feasibility 

Studies 

This GRANT AGREEMENT is a contract for 

receipt of grant funds to conduct feasibility 

studies for renewable energy system projects 

under the Rural Energy for America program, 

Title IX, Section 9001 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 renewable energy system 

feasibility study project identified in the 

work plan submitted with the application. 

Should actual project costs be lower than 

projected in the work plan, the final amount 

of grant may be adjusted. 

(1) 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 

and successor regulations to these parts, 

which are incorporated into this Agreement 

by reference, any Notices relating to this 

program published in the Federal Register, 

and other applicable statutory provisions. 

Any application submitted by the Grantee 

for this grant, including any attachments or 

amendments, is incorporated and included as 

part of this Agreement. Any changes to these 

documents or this Agreement must be 

approved in writing by the Grantor. 

In addition to any other rights, 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. 

(2) Use of Grant Funds 

Grantee will use grant funds and leveraged 

funds only for the purposes and activities 

specified in the application approved by the 

Grantor including the approved budget. 

Budget and approved use of funds are as 

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. 

(3) 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. 

(4) Financial Management Systems 

A. Grantee will provide a Financial 

Management System in accordance with 7 

CFR part 3015, including but not limited to: 

(1) Records that identify adequately the 

source and application of funds for grantsupported activities. Those records shall 

contain information pertaining to grant 

awards and authorizations, obligations, 

unobligated balances, assets, liabilities, 

outlays, and income; 

(2) 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; 

(3) Accounting records prepared in 

accordance with generally acceptable 

accounting principles (GAAP) or with 

principles that are generally required by 

commercial agriculture lenders and 

supported by source documentation; and 

(4) Grantee tracking of fund usage and 

records that show matching funds and grant 

funds are used in equal proportions. The 

Grantee will provide verifiable 

documentation regarding matching funds 

usage, i.e., bank statements or copies of 

funding obligations from the matching 

source. 

B. 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 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 24781 

records shall be retained beyond the 3-year 

period if 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. 

(5) 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. 

(6) Monitoring and Reporting 

A. After grant approval through project 

completion, the Grantee shall: 

1. Constantly monitor performance to 

ensure that time schedules are being met and 

projected goals by time periods are being 

accomplished. 

2. Submit semiannual performance reports 

to the Grantor. Each report shall describe 

current progress and identify any problems, 

delays, or adverse conditions, if any, which 

have affected or will affect attainment of 

overall project objectives or prevent meeting 

time frame for completion of the feasibility 

study within two years. This disclosure shall 

be accompanied by a statement of the action 

taken or planned to resolve the situation. 

B. Following completion of the feasibility 

study, Grantee shall submit to the Grantor: 

1. The project feasibility study and SF–270, 

‘‘Request for Advance or Reimbursement,’’ 

when the feasibility study has been 

completed; and 

2. A final SF–269, ‘‘Financial Status 

Report’’ and a final performance report 

within 90 days of the completion of the 

feasibility study. When submitting the final 

SF–269, Grantee must submit sufficient 

documentation, including invoices, to allow 

the Grantor to verify that said project was 

completed within the total sums available to 

it, including the grant and matching funds, 

in accordance with the work plan and any 

necessary modifications thereof prepared by 

grantee and approved by the Grantor; and 

C. Beginning the first full year after the 

feasibility study has been completed, Grantee 

shall report to the Grantor annually for 2 

years on the following: 

(1) Is the renewable energy system project 

for which the feasibility study was conducted 

underway as a result of the feasibility 

findings? If yes, describe how far along the 

renewable energy system project is (e.g., 

financing has been secured, site has been 

secured, construction contracts are in place, 

project completed). 

(2) Is the renewable energy system project 

complete? If so, what is the actual amount of 

energy being produced? 

D. Other reports. Grantor may request any 

additional project and/or performance data 

for the project for which grant funds have 

been received. 

E. Records access. Grantee shall after 

project completion allow Grantor access to 

the records and performance information 

obtained under the scope of the project. 

(7) Fund Disbursement 

Grant funds will be expended on a pro rata 

basis with matching funds. 

A. Grantee may submit requests for 

reimbursement monthly or more frequently if 

authorized to do so by the Agency. 

Ordinarily, Grantor will make payment 

within 30 days after receipt of a proper 

request for reimbursement. 

B. 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. 

C. Payment shall be made by electronic 

funds transfer. 

D. An SF–270, ‘‘Request for Advance or 

Reimbursement,’’ must be completed by the 

Grantee and submitted to the Agency at the 

completion of the feasibility study. 

E. Grantor will disburse grant funds to the 

Grantee in accordance with the above 

through 90 percent of grant disbursement. 

Grantor will hold 10 percent of grant funds 

until Grantee has submitted a feasibility 

study acceptable to the Grantor. 

(8) Use of Remaining Grant Funds 

Grant funds not expended within 24 

months from date of this agreement after 

being used for eligible grant purposes 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 officers thereunto, and the 

Grantor has caused this Agreement to be duly 

executed in its behalf by: 

GRANTEE 

lllllllllllllllllllll

Name: 

Title: 

GRANTOR 

lllllllllllllllllllll

Date 

United States of America Rural Development 

By: 

lllllllllllllllllllll

Name: 

Title: 

lllllllllllllllllllll

Date 

[FR Doc. E9–12178 Filed 5–22–09; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Ouachita-Ozark Resource Advisory 

Committee 

AGENCY: Forest Service, USDA. 

ACTION: Meeting notice for the OuachitaOzark Resource Advisory Committee 

under Section 205 of the Secure Rural 

Schools and Community Self 

Determination Act of 2000 (Pub. L. 106– 

393). 

SUMMARY: This notice is published in 

accordance with section 10(a)(2) of the 

Federal Advisory Committee Act. 

Meeting notice is hereby given for the 

Ouachita-Ozark Resource Advisory 

Committee pursuant to Section 205 of 

the Secure Rural Schools and 

Community Self Determination Act of 

2000, Public Law 106–393. Topics to be 

discussed include: general information, 

proposals, updates on current or 

completed Title II projects, and next 

meeting agenda. 

DATES: The meeting will be held on June 

30, 2009, beginning at 6 p.m. and 

ending at approximately 9 p.m. 

ADDRESSES: The meeting will be held at 

the Janet Huckabee Arkansas River 

Valley Nature Center, 8300 Wells Lake 

Road, Barling, Arkansas. 

FOR FURTHER INFORMATION CONTACT: 

Caroline Mitchell, Committee 

Coordinator, USDA, Ouachita National 

Forest, P.O. Box 1270, Hot Springs, AR 

71902. (501–321–5318). 

SUPPLEMENTARY INFORMATION: The 

meeting is open to the public. 

Committee discussion is limited to 

Forest Service staff, Committee 

members, and elected officials. 

However, persons who wish to bring 

matters to the attention of the 

Committee may file written statements 

with the Committee staff before or after 

the meeting. Individuals wishing to 

speak or propose agenda items must 

send their names and proposals to Bill 

Pell, DFO, P.O. Box 1270, Hot Springs, 

AR 71902. 

Dated: May 18, 2009. 

Bill Pell, 

Designated Federal Official. 

[FR Doc. E9–12003 Filed 5–22–09; 8:45 am] 

BILLING CODE 3410–52–M 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Notice of Resource Advisory 

Committee Meeting 

AGENCY: North Central Idaho Resource 

Advisory Committee, Grangeville, 

Idaho, USDA, Forest Service. 

ACTION: Notice of meeting. 

SUMMARY: Pursuant to the authorities in 

the Federal Advisory Committee Act 

(Pub. L. 92–463) and under the Secure 

Rural Schools and Community SelfDetermination Act of 2000 (Pub. L. 110– 

343) the Nez Perce and Clearwater 

National Forests’ North Central Idaho 

Resource Advisory Committee will meet