FR Doc E9-19694[Federal Register: August 17, 2009 (Volume 74, Number 157)]
[Notices]               
[Page 41407-41411]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au09-41]        

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DEPARTMENT OF EDUCATION

 
Office of Elementary and Secondary Education; Overview 
Information; Impact Aid Program--American Recovery and Reinvestment Act 
of 2009--Impact Aid Discretionary Construction Program; Notice Inviting 
Applications for New Awards under the American Recovery and 
Reinvestment Act of 2009

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.401.
    Dates:
    Applications Available: August 17, 2009.
    Deadline for Transmittal of Applications: October 1, 2009.
    Deadline for Intergovernmental Review: November 30, 2009.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: To provide grants for emergency repairs and 
modernization of school facilities to certain local educational 
agencies (LEAs) that submitted timely applications eligible for funding 
under either section 8002 (Payments for Federal Property) or section 
8003 (Basic Support Payments) of the Elementary and Secondary Education 
Act of 1965, as amended (ESEA), for FY 2008. Funds awarded under this 
competition are appropriated under the American Recovery and 
Reinvestment Act of 2009, Public Law 111-5 (ARRA).
    Priorities: In this notice, the Secretary is establishing two 
priorities for the ARRA Impact Aid Discretionary Construction Program 
grant competition. Competitive Preference Priority 1 is from section 
805(b)(2)(A) of the ARRA. Competitive Preference Priority 2 is being 
established in accordance with section 437(d)(1) of the General 
Education Provisions Act (GEPA), 20 U.S.C. 1232(d)(1).
    Competitive Preference Priorities: These priorities are competitive 
preference priorities. Under 34 CFR 75.105(c)(2)(i), we will award an 
additional 5 points to emergency repair applications and up to 2 points 
for projects that are projected to be completed within 24 months of 
receiving awards.
    These priorities are:
    Competitive Preference Priority 1. Projects that propose emergency 
repairs of school facilities will be awarded 5 points.
    Competitive Preference Priority 2. Emergency or modernization 
projects that are projected to be completed within 24 months of 
receiving awards. The Secretary will award 2 points to applications for 
projects with proposed, feasible completion dates within 12 months of 
the time of award. The Secretary will allocate 1 point to applications 
for projects with proposed, feasible completion dates between 12 and 24 
months from the time of award. Point allocations will be based on the 
project periods provided in the applications, subject to feasibility 
verification by panel reviewers. Section 805(b)(5)(D) of the ARRA 
provides for the Secretary to consider: ``The feasibility of project 
completion within 24 months from award'' in reviewing applications for 
grants under this program.
    Waiver of Proposed Rulemaking: Under the Administrative Procedure 
Act (5 U.S.C. 553), the Department generally offers interested parties 
the opportunity to comment on proposed priorities. Section 437(d)(1) of 
GEPA, however, allows the Secretary to exempt from rulemaking 
requirements, regulations governing the first grant competition under a 
new or substantially revised program authority. This is the first grant 
competition for this program under section 8007(b) of the Impact Aid 
Program (Title VIII of the ESEA) and the ARRA and therefore qualifies 
for this exemption. In order to ensure timely grant awards, the 
Secretary has decided to forego public comment on Competitive 
Preference Priority 2 under section 437(d)(1) of GEPA. This priority 
will apply to the ARRA Impact Aid Discretionary Construction Program 
grant competition only.

    Program Authority: 20 U.S.C. 7707(b); Division A, Title VIII of 
the American Recovery and Reinvestment Act of 2009, Public Law 111-
5.

    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 75 (except for 34 
CFR 75.600 through 75.617), 77, 79, 80, 82, 84, 85, 97, 98, and 99. (b) 
The regulations for this program in 34 CFR part 222, except for the 
regulations in 34 CFR 222.170-171, 222.177-184, 222.188-189, and 
222.193-195(a).

    Note: The regulations in 34 CFR part 79 apply to all applicants 
except Federally recognized Indian Tribes.

II. Award Information

    Type of Award: Discretionary grant.
    Estimated Available Funds: $59,400,000.
    Estimated Range of Awards: $50,000-$5,000,000.
    Estimated Average Size of Awards: $2,500,000.
    Estimated Number of Awards: 24.

    Note: The Department is not bound by any estimates in this 
notice.

    Project Period: Up to 36 months. We will determine each project 
period based on the nature of the project proposed and the time needed 
to complete the project. We will specify this period in the Grant Award 
Notification.

III. Eligibility Information

    1. Eligible Applicants: Under Section 8005(b)(4) of the Recovery 
Act, an LEA is eligible to receive a grant under this competition if 
the LEA timely submitted an application eligible for funding under 
either Section 8002 (Payments for Federal Property) or Section 8003 
(Basic Support Payments) for FY 2008; and has a total assessed value of 
real property available that may be taxed for school purposes (referred 
to hereinafter as assessed value) of less than $100 million or has an 
average assessed value per pupil that is less than the State average 
assessed value per pupil. Applicants may submit only one application 
for one facility within the LEA.
    2. a. Cost Sharing or Matching: See 20 U.S.C. 7707(b)(5) and 34 CFR 
222.174, 222.191, and 222.192. Under section 805(b)(5)(E) of the ARRA, 
in reviewing proposed awards, the Secretary considers the funds 
available to the grantee from other sources, including local, State, 
and other Federal funds. Consistent with 34 CFR 222.192, applicants 
will be required to submit financial reports for FYs 2007, 2008, and 
2009, showing closing balances for all school funds. If satisfactory 
data are not available for these years, the Secretary uses data from 
the most recent three consecutive fiscal years for which data that are 
satisfactory to the Secretary are available. If funds are available at 
the close of FY 2009 or the most recent fiscal year available that are 
not obligated for capital purposes, those funds will be considered as 
available for the proposed project, which may reduce or eliminate the 
award.
    b. Supplement-Not-Supplant: As outlined in 34 CFR 222.174, grants 
made under this program are subject to supplement, not supplant funding 
provisions. Grant funds under this program may not be used to supplant 
or replace other available non-Federal construction money.

IV. Application and Submission Information

    1. Address to Request Application Package: An electronic 
application is available at: http://e-grants.ed.gov. For assistance, 
please contact Kristen Walls-Rivas, Impact Aid Program, U.S. Department 
of Education, 400 Maryland

[[Page 41408]]

Avenue, SW., room 3C155, Washington, DC 20202-6244. FAX: 1-866-799-
1272.
    If you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
    Individuals with disabilities can obtain a copy of the application 
package in an accessible format (e.g., braille, large print, audiotape, 
or compact disc) by contacting the person or team listed under 
Accessible Format in section VIII of this notice.
    2. Content and Form of Application Submission: Requirements 
concerning the content of an application, together with the forms you 
must submit, are in the application package for this program. 
Applicants must complete and submit all forms contained in the 
application package in order to be considered for funding under this 
program. Applicants may submit only one application for one facility 
within the LEA.
    Page Limit: There is a three-page limit for the project narratives 
for the emergency and modernization applications. There is a two-page 
limit for the justification for rebuilding. All narratives must be 
double spaced in 12-point font. Applications that exceed the page limit 
or are not in the proper format will be rejected.
    3. Submission Dates and Times:
    Applications Available: August 17, 2009.
    Deadline for Transmittal of Applications: October 1, 2009.
    We will not consider an application that does not comply with the 
deadline requirements.
    Individuals with disabilities who need an accommodation or 
auxiliary aid in connection with the application process should contact 
the person listed under FOR FURTHER INFORMATION CONTACT in section VII 
of this notice.
    Deadline for Intergovernmental Review: November 30, 2009.
    4. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. Information about 
Intergovernmental Review of Federal Programs under Executive Order 
12372 is in the application package for this program.
    5. Funding Restrictions: Applicants may submit only one application 
for one facility within the LEA. The Department may elect not to fund 
an application for an LEA based on factors specified in 34 CFR 75.217, 
including the applicant's past performance and use of funds under a 
prior award. Unallowable costs are specified in 34 CFR 222.173. Grant 
recipients must, in accordance with Federal, State and local laws, use 
emergency repair and modernization grants only for permissible 
construction activities at public elementary and secondary school 
facilities. The scope of a selected project will be identified as part 
of the final grant award conditions. A grantee must also ensure that 
its construction expenditures under this program meet the requirements 
of 34 CFR 222.172 (allowable program activities) and 34 CFR 222.173 and 
section 1604 of the ARRA (prohibited activities). If applying for new 
construction, the LEA must hold title to the existing facility at the 
time of application.
    We reference additional regulations outlining funding restrictions 
in the Applicable Regulations section of this notice.
    6. Other Submission Requirements: Applications for grants under 
this competition must be submitted electronically unless you qualify 
for an exception to this requirement in accordance with the 
instructions in this section.

a. Electronic Submission of Applications

    Applications for grants under the ARRA Impact Aid Discretionary 
Construction Grant Program, CFDA number 84.401, must be submitted 
electronically using e-Application, accessible through the Department's 
e-Grants system, accessible through the e-Grants Web site at: 
http://e-grants.ed.gov.
    We will reject your application if you submit it in paper format 
unless, as described elsewhere in this section, you qualify for one of 
the exceptions to the electronic submission requirement and submit, no 
later than two weeks before the application deadline date, a written 
statement to the Department that you qualify for one of these 
exceptions. Further information regarding calculation of the date that 
is two weeks before the application deadline date is provided later in 
this section under Exception to Electronic Submission Requirement.
    While completing your electronic application, you will be entering 
data online that will be saved into a database. You may not e-mail an 
electronic copy of a grant application to us.
    Please note the following:
     You must complete the electronic submission of your grant 
application by 4:30:00 p.m., Washington, DC time, on the application 
deadline date. E-Application will not accept an application for this 
competition after 4:30:00 p.m., Washington, DC time, on the application 
deadline date. Therefore, we strongly recommend that you do not wait 
until the application deadline date to begin the application process.
     The hours of operation of the e-Grants Web site are 6:00 
a.m. Monday until 7:00 p.m. Wednesday; and 6:00 a.m. Thursday until 
8:00 p.m. Sunday, Washington, DC time. Please note that, because of 
maintenance, the system is unavailable between 8:00 p.m. on Sundays and 
6:00 a.m. on Mondays, and between 7:00 p.m. on Wednesdays and 6:00 a.m. 
on Thursdays, Washington, DC time. Any modifications to these hours are 
posted on the e-Grants Web site.
     You will not receive additional point value because you 
submit your application in electronic format, nor will we penalize you 
if you qualify for an exception to the electronic submission 
requirement, as described elsewhere in this section, and submit your 
application in paper format.
     You must submit all documents electronically, including 
all information you typically provide on the following forms: the 
Application for the ARRA Impact Aid Discretionary Construction Program 
and all necessary assurances and certifications. Cover pages, 
assurances, and certifications may be sent either by facsimile or by e-
mail. All additional narrative documents must be attached to the 
application as files in a .DOC (document), .RTF (rich text), or .PDF 
(Portable Document) format. If you upload a file type other than the 
three file types specified in this paragraph or submit a password 
protected file, we will not review that material.
     Your electronic application must comply with any page 
limit requirements described in this notice.
     Prior to submitting your electronic application, you may 
wish to print a copy of it for your records.
     After you electronically submit your application, you will 
receive an automatic acknowledgment that will include a PR/Award number 
(an identifying number unique to your application).
     After you electronically submit your application, fax or 
e-mail a signed copy of the cover pages, assurances, and the emergency 
certification form for the Application for Impact Aid Discretionary 
Construction Program--ARRA Grants to the Impact Aid Program after 
following these steps:
    (1) Print a copy of the application from e-Application for your 
records.
    (2) Have the applicant's Authorized Representative date and sign 
the cover page and all of the assurance pages.

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    (3) Have the independent certifying official sign the certification 
for the application.
    (4) Place the PR/Award number in the upper right hand corner of the 
hard-copy signature page of the Application for the ARRA Impact Aid 
Discretionary Construction Program.
    (5) Fax or e-mail the signed cover page, independent official 
certification, and all assurances for the ARRA Impact Aid Discretionary 
Construction Program by 12:00:00 midnight, Washington, DC time, on the 
application deadline to the Impact Aid Program at 1-866-799-1272 or by 
e-mail to Impact.Aid@ed.gov.
     We may request that you provide us original signatures on 
other forms at a later date.
    Application Deadline Date Extension in Case of e-Application 
Unavailability: If you are prevented from electronically submitting 
your application on the application deadline date because e-Application 
is unavailable, we will grant you an extension of one business day to 
enable you to transmit your application electronically, by mail, or by 
hand delivery. We will grant this extension if--
    (1) You are a registered user of e-Application and you have 
initiated an electronic application for this competition; and
    (2)(a) E-Application is unavailable for 60 minutes or more between 
the hours of 8:30 a.m. and 3:30 p.m., Washington, DC time, on the 
application deadline date; or
    (b) E-Application is unavailable for any period of time between 
3:30 p.m. and 4:30:00 p.m., Washington, DC time, on the application 
deadline date.
    We must acknowledge and confirm these periods of unavailability 
before granting you an extension. To request this extension or to 
confirm our acknowledgment of any system unavailability, you may 
contact either (1) the person listed elsewhere in this notice under FOR 
FURTHER INFORMATION CONTACT (see VII. Agency Contact) or (2) the e-
Grants help desk at 1-888-336-8930. If E-Application is unavailable due 
to technical problems with the system and therefore the application 
deadline is extended, an e-mail will be sent to all registered users 
who have initiated an e-Application. Extensions referred to in this 
section apply only to the unavailability of e-Application.
    Exception to Electronic Submission Requirement: You qualify for an 
exception to the electronic submission requirement, and may submit your 
application in paper format, if you are unable to submit an application 
through e-Application because--
     You do not have access to the Internet; or
     You do not have the capacity to upload large documents to 
e-Application; and
     No later than two weeks before the application deadline 
date (14 calendar days or, if the fourteenth calendar day before the 
application deadline date falls on a Federal holiday, the next business 
day following the Federal holiday), you mail or fax a written statement 
to the Department, explaining which of the two grounds for an exception 
prevent you from using the Internet to submit your application. If you 
mail your written statement to the Department, it must be postmarked no 
later than two weeks before the application deadline date. If you fax 
your written statement to the Department, we must receive the faxed 
statement no later than two weeks before the application deadline date.
    Address and mail or fax your statement to: Kristen Walls-Rivas, 
Impact Aid Program, U.S. Department of Education, 400 Maryland Avenue, 
SW., Room 3C155, Washington, DC 20202-6244. FAX: 1-866-799-1272.
    Your paper application must be submitted in accordance with the 
mail or hand delivery instructions described in this notice.

b. Submission of Paper Applications by Mail

    If you qualify for an exception to the electronic submission 
requirement, you may mail (through the U.S. Postal Service or a 
commercial carrier) your application to the Department. You must mail 
the original and two copies of your application, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Impact Aid Program, Attention: (CFDA 
Number 84.401), Room 3C155, 400 Maryland Avenue, SW., Washington, DC 
20202-6244.
    You must show proof of mailing consisting of one of the following:
    (1) A legibly dated U.S. Postal Service postmark.
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service.
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier.
    (4) Any other proof of mailing acceptable to the Secretary of the 
U.S. Department of Education.
    If you mail your application through the U.S. Postal Service, we do 
not accept either of the following as proof of mailing:
    (1) A private metered postmark.
    (2) A mail receipt that is not dated by the U.S. Postal Service.
    If your application is postmarked after the application deadline 
date, we will not consider your application.

    Note: The U.S. Postal Service does not uniformly provide a dated 
postmark. Before relying on this method, you should check with your 
local post office.

c. Submission of Paper Applications by Hand Delivery

    If you qualify for an exception to the electronic submission 
requirement, you (or a courier service) may deliver your paper 
application to the Department by hand. You must deliver the original 
and two copies of your application, by hand, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Impact Aid Program, Attention: (CFDA 
Number 84.401), Room 3C155, 400 Maryland Avenue, SW., Washington, DC 
20202-6244.
    The Impact Aid Program accepts hand deliveries daily between 8:00 
a.m. and 4:30:00 p.m., Washington, DC time, except Saturdays, Sundays, 
and Federal holidays.

    Note for Mail or Hand Delivery of Paper Applications: If you 
mail or hand deliver your application to the Department--
    (1) You must indicate on the envelope--if not provided by the 
Department--the CFDA number, including suffix letter, if any, of the 
competition under which you are submitting your application; and
    (2) The Impact Aid Program will mail to you a notification of 
receipt of your grant application. If you do not receive this grant 
notification within 15 business days from the application deadline 
date, you should call the U.S. Department of Education Impact Aid 
Program at (202) 260-3858.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from section 805 of the ARRA and 20 U.S.C. 7707(b) as applicable 
and are further clarified in 34 CFR 222.185 and 222.186 and are 
described in the following paragraphs. The Secretary gives distinct 
weight to the listed selection criteria. The maximum score for each 
criterion is indicated in parentheses. Within each criterion, the 
Secretary evaluates each factor equally, unless otherwise specified. 
The maximum score that an application may receive for the selection 
criteria is 100 points.
    For emergency applications, the criteria and weights are as 
follows:
    (1) Need for project/severity of the school facility problem to be 
addressed by the proposed project. (Up to 34 points)
    (a) Identification of a valid emergency condition that threatens 
the health and/

[[Page 41410]]

or safety of the facility's occupants and the severity of the emergency 
condition. Applicants should describe the systems or areas of the 
facility involved, e.g., HVAC, roof, floor, windows; the type of space 
affected, such as instructional, resource, food service, recreational, 
general support, or other areas; the percentage of building occupants 
affected by the emergency; and the importance of the facility or 
affected area to the instructional program.
    (b) Impact of the emergency condition on the health and safety of 
the building occupants or on program delivery.
    (c) Project urgency or risk to occupants if the facility condition 
is not addressed. Applicants should describe projected increased future 
costs and effects on occupants if the condition is not addressed; the 
anticipated effect of the proposed project on the useful life of the 
facility or the future need for major construction; and the age and 
condition of the facility and date of any previous renovation of 
affected areas.
    (2) Extent to which the proposed project addresses the emergency 
condition. (Up to 26 points)
    (a) Extent to which the described emergency condition is consistent 
with the Independent Certification.
    (b) Ability of the proposed project to respond to the emergency 
condition. The readers will evaluate the extent to which the scope and 
cost of the proposed project correspond with the identified emergency 
condition.
    (c) The justification for rebuilding, if proposed. The readers will 
assess the validity of the justification for rebuilding a facility 
instead of renovating it.
    (3) The extent to which the project will use energy-efficient and 
recyclable materials. (Up to 12 points total)
    (4) The extent to which the project will use non-traditional or 
alternative building methods and materials. (Up to 12 points total)
    (a) Cost savings associated with the use of alternative building 
methods and materials.
    (b) Time savings associated with the use of alternative building 
methods and materials.
    (5) Ability to respond or pay. (Up to 16 points total)
    (a) If an applicant is eligible because the applicant's assessed 
value of real property per pupil is less than the State's average 
assessed value per pupil, points will be distributed based on the LEA's 
ranking within the State. The LEAs ranked below the State average will 
be divided into quartiles. All sixteen points will be allocated to LEAs 
in the quartile with the lowest average assessed value per pupil and 
only four points will be allocated to LEAs in the quartile with the 
highest average assessed value per pupil of those ranked. (Up to 16 
points)
    (b) If an applicant is eligible because the applicant's total 
assessed value of real property is less than $100,000,000, points will 
be distributed based on four groupings of LEAs in the State with total 
assessed values of less than $100 million. LEAs with total assessed 
values of less than $25,000,000 would receive 16 points. LEAs with 
total assessed values between $25,000,000 and $50,000,000 would receive 
12 points. LEAs with total assessed values between $50,000,000 and 
$75,000,000 would receive 8 points. LEAs with total assessed values 
between $75,000,000 and $99,999,999 would receive 4 points. (Up to 16 
points)
    For modernization applications, the criteria and weights are as 
follows:
    (1) Justification that the proposed project is a valid 
modernization need because either:
     The facility is unable to meet the needs of the current 
enrollment (Example: The building capacity is 300 students while the 
current enrollment is 350; three additional classrooms are needed to 
meet State standards for capacity and a maximum 20-to-1 student/teacher 
ratio.); or
     The facility is unable to support the provision of a 
comprehensive educational program to meet State standards (Example: The 
State's high school graduation requirements include the completion of a 
chemistry class but the facility has no science lab.) (Up to 34 
points.)
    (2) Extent to which the proposed project addresses the 
modernization need. (Up to 26 points.)
    (a) Project urgency in fiscal terms (Examples: The proposed project 
will extend the useful life of the current facility on a cost-effective 
basis, improve program quality with an updated facility, or delay the 
need to replace the facility).
    (b) Extent to which the described modernization need is consistent 
with the Independent Certification.
    (c) Ability of the proposed project to respond to the modernization 
need. The readers will evaluate the extent to which the scope and cost 
of the proposed project correspond with the identified modernization 
need.
    (d) The justification for rebuilding, if proposed. The readers will 
assess the validity of the justification for rebuilding a facility 
instead of renovating it.
    (3) The extent to which the project will use energy-efficient and 
recyclable materials. (Up to 12 points total)
    (4) The extent to which the project will use alternative building 
methods and materials. (Up to 12 points total)
    (a) Cost savings associated with the use of alternative building 
methods and materials.
    (b) Time savings associated with the use of alternative building 
methods and materials.
    (5) Ability to respond or pay. (Up to 16 points total)
    (a) If an applicant is eligible because the applicant's assessed 
value of real property per pupil is less than the State's average 
assessed value per pupil, points will be distributed based on the LEA's 
ranking within the State. The LEAs ranked below the State average will 
be divided into quartiles. All sixteen points will be allocated to LEAs 
in the quartile with the lowest average assessed value per pupil and 
only four points will be allocated to LEAs in the quartile with the 
highest average assessed value per pupil of those ranked. (Up to 16 
points)
    (b) If an applicant is eligible because the applicant's total 
assessed value of real property is less than $100,000,000, points will 
be distributed based on four groupings of LEAs in the State with total 
assessed values of less than $100 million. LEAs with total assessed 
values of less than $25,000,000 would receive 16 points. LEAs with 
total assessed values between $25,000,000 and $50,000,000 would receive 
12 points. LEAs with total assessed values between $50,000,000 and 
$75,000,000 would receive 8 points. LEAs with total assessed values 
between $75,000,000 and $99,999,999 would receive 4 points. (Up to 16 
points)
    2. Review and Selection Process: Upon receipt, Impact Aid program 
staff will screen all applications to eliminate any that do not meet 
the eligibility requirements, are incomplete, exceed the page limit 
requirement, are not properly formatted, or are late. Program staff 
will also calculate the scores for each application under competitive 
preference priorities 1 and 2 and criterion (5)--ability to respond or 
pay. Panel reviewers will assess the applications under criteria (1), 
(2), (3) and (4), and the feasibility of the proposed completion date 
under competitive preference priority 2.
    Applications are ranked based on the total number of points 
received during the review process.
    The Department may elect not to fund applications for an LEA based 
on factors specified in 34 CFR 75.217, including the applicant's 
performance and use of funds under a prior award.

[[Page 41411]]

VI. Award Administration Information

    1. Award Notices: If your application is successful, we will notify 
your U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN). We may notify you informally, also.
    If your application is not evaluated or not selected for funding, 
we will notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice. In addition, there are a number of 
ARRA requirements that are detailed in the ARRA Impact Aid Frequently 
Asked Questions (FAQs), which can be accessed at the following site: 
http://www.ed.gov/policy/gen/leg/recovery/guidance/impactaid.pdf. See 
for example, FAQs 12 through 16 regarding reporting, infrastructure 
investment certification, Buy American, and National Environmental 
Protection Act provisions, and FAQs 19 through 21 regarding Davis-Bacon 
wage, Indian Preference contract, and civil rights law requirements. We 
anticipate providing further guidance on the infrastructure investment 
certifications at a later time.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates the approved application as part of your binding 
commitments under the grant.
    3. Reporting: At the end of your project period, you must submit a 
final performance report, including financial information, as directed 
by the Secretary. If you receive a multi-year award, you must submit an 
annual performance report that provides the most current performance 
and financial expenditure information as directed by the Secretary 
under 34 CFR 75.118. The Secretary may also require more frequent 
performance reports under 34 CFR 75.720(c). In addition to the 
reporting requirements specified in the regulations, there are 
additional reporting requirements for these awards as specified under 
section 1512 of ARRA.
    Funds awarded through this program were appropriated under the 
American Recovery and Reinvestment Act (ARRA) of 2009, Public Law 111-
5, and are subject to additional accountability and transparency 
reporting requirements, which are described in section 1512(c) of the 
ARRA. Recipients of ARRA funds must submit quarterly reports on the 
expenditure of these funds no later than ten days after the end of each 
calendar quarter through a centralized reporting Web site administered 
by the Office of Management and Budget (OMB): 
http://www.federalreporting.gov. The information reported at this Web site 
will be available to the Department, the White House, OMB and the 
public on http://www.Recovery.gov.
    At a minimum, an LEA should anticipate reporting:
     The total amounts of ARRA funds received and expended or 
obligated.
     The name, description, and evaluation of the project or 
activity's completion status.
     An estimate of the number of jobs that were saved or 
created with the funds.
    Recipients will need to maintain accurate documentation of all ARRA 
expenditures to ensure that the data reported are accurate, complete, 
and reliable.
    Additional guidance providing further detail on the quarterly 
report will be provided at a later time.
    4. Performance Measures: The condition of school facilities in LEAs 
after completion of projects with grants under this program will be 
compared to the reported condition before receipt of the grants. This 
information will be obtained from the current Table 10 of the section 
8003 application, which will be required for all grant recipients. The 
measure is currently in place for the regular section 8007(b) program. 
A second performance measure will identify the proportion of projects 
funded with these grants that are completed within 24 months of the 
awards.

VII. Agency Contact

    For Further Information Contact: Kristen Walls-Rivas, Impact Aid 
Program, U.S. Department of Education, 400 Maryland Avenue, SW., room 
3C155, Washington, DC 20202-6244. Telephone: (202) 260-3858 or by e-
mail: Impact.Aid@ed.gov.
    If you use a TDD, call the FRS, toll free, at 1-800-877-8339.

VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document and a copy of the application package in an accessible format 
(e.g., braille, large print, audiotape, or compact disc) on request to 
the program contact person listed under FOR FURTHER INFORMATION CONTACT 
in section VII of this notice.
    Electronic Access to This Document: You can view this document, as 
well as all other documents of this Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF) on the 
Internet at the following site: http://www.ed.gov/news/fedregister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: 
http://www.gpoaccess.gov/nara/index.html.

    Delegation of Authority: The Secretary of Education has delegated 
authority to Joseph C. Conaty, Director, Academic Improvement and 
Teacher Quality Programs for the Office of Elementary and Secondary 
Education to perform the functions of the Assistant Secretary for 
Elementary and Secondary Education.

    Dated: August 12, 2009.
Joseph C. Conaty,
Director, Academic Improvement and Teacher Quality Programs.
[FR Doc. E9-19694 Filed 8-14-09; 8:45 am]

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