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Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Notices An LEA is eligible to be considered for an emergency grant under this priority if it a Is eligible to receive formula construction funds for the fiscal year under section 7007a of the Act 20
U.S.C. 7707a;
b1 Has no practical capacity to issue bonds;
2 Has minimal capacity to issue bonds and has used at least 75 percent of its bond limit; or 3 Is eligible to receive funds for the fiscal year for heavily impacted districts under section 7003b2 of the Act 20
U.S.C. 7707b2; and c Has a school facility emergency that the Secretary has determined, consistent with 34 CFR 222.172a and 222.173, poses a health or safety hazard to students and school personnel.
Program Authority: 20 U.S.C. 7707b.
Note: Projects will be awarded and must be operated in a manner consistent with the nondiscrimination requirements contained in Federal civil rights laws.

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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, 82, 84, 97, 98, and 99. b The Office of Management and Budget Guidelines to Agencies on Governmentwide Debarment and Suspension Nonprocurement in 2 CFR part 180, as adopted and amended as regulations of the Department in 2 CFR part 3485. c The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted and amended as regulations of the Department in 2 CFR part 3474. d The regulations for this program in 34 CFR
part 222.
II. Award Information Type of Award: Discretionary grants.
Estimated Available Funds:
$17,400,000.
Contingent upon the availability of funds and the quality of applications, we may make additional awards in subsequent years from the list of unfunded applications from this competition.
Estimated Range of Awards: $60,000
$6,000,000.
Estimated Average Size of Awards:
$2,175,000.
Estimated Number of Awards: 8.
Note: The Department is not bound by any estimates in this notice.

Project Period: Up to 60 months. We will determine each project period based on the nature of the project proposed and the time needed to
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complete it. We will specify this period in the Grant Award Notification GAN.

entities to directly carry out project activities described in its application.

III. Eligibility Information
IV. Application and Submission Information
1. Eligible Applicants: An LEA is eligible to apply for an emergency grant under the absolute priority if it a Is eligible to receive formula construction funds for the fiscal year under section 7007a of the Act 20
U.S.C. 7707a because it enrolls a high percentage at least 50 percent of federally connected children in average daily attendance ADA who either reside on Indian lands or who have a parent on active duty in the U.S.
uniformed services;
b1 Has no practical capacity to issue bonds as defined in 34 CFR
222.176;
2 Has minimal capacity to issue bonds as defined in 34 CFR 222.176
and has used at least 75 percent of its bond limit; or 3 Is eligible to receive funds for the fiscal year for heavily impacted districts under section 7003b2 of the Act 20
U.S.C. 7703b2; and c Has a school facility emergency that the Secretary has determined, consistent with 34 CFR 222.172a and 222.173, poses a health or safety hazard to students and school personnel.
2. a. Cost Sharing or Matching: In reviewing proposed awards, the Secretary considers the funds available to the grantee from other sources, including local, State, and other Federal funds. See 20 U.S.C. 7707b5Aiii and 34 CFR 222.174 and 222.191
through 222.193. Consistent with 34
CFR 222.192, an applicant will be required to submit its most recently available audited financial reports for three consecutive fiscal years, showing closing balances for all school funds. If significant balances as detailed in 34
CFR 222.192 are available at the close of the applicants FY 2020, or its most recently audited year, that are not obligated for other purposes, those funds will be considered available for the proposed emergency repair project.
Available balances may reduce the amount of funds that may be awarded or eliminate the applicants eligibility for an emergency grant award under this competition.
b. Supplement-Not-Supplant: This competition involves supplement-notsupplant funding requirements. As outlined in 34 CFR 222.174, grant funds under this competition may not be used to supplant or replace other available non-Federal construction money.
c. Administrative Cost Limitation:
3. Subgrantees: A grantee under this competition may not award subgrants to
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1. Application Submission Instructions: Applicants are required to follow the Common Instructions for Applicants to Department of Education Discretionary Grant Programs, published in the Federal Register on February 13, 2019 84 FR 3768 and available at www.govinfo.gov/content/
pkg/FR-2019-02-13/pdf/2019-02206.pdf, which contain requirements on how to submit an application.
2. Intergovernmental Review: This competition 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 competition.
3. Funding Restrictions: Except for applicants with no practical capacity to issue bonds, as defined in 34 CFR
222.176, an eligible applicants award amount may not be more than 50
percent of the total cost of an approved project and the total amount of grant funds may not exceed $4 million during any four-year period. See 34 CFR
222.193. For example, an LEA that is awarded $4 million in the first year may not receive any additional funds for the following three years. Applicants may submit only one application for one educational facility as provided by 34
CFR 222.183. If an applicant submits more than one application, the Department will consider only the first submission, as determined by the Grants.gov system, unless an applicant contacts the Department prior to the closing date to indicate a different submission should be the single submission considered for that entity.
Grant recipients must, in accordance with Federal, State, and local laws, use emergency grants for permissible construction activities at public elementary and secondary school facilities. The scope of the project for a selected facility will be identified as part of the final grant award conditions.
A grantee must also ensure that its construction expenditures under this program meet the requirements of 34
CFR 222.172 allowable program activities and 34 CFR 222.173
prohibited activities.
We reference additional regulations outlining funding restrictions in the Applicable Regulations section of this notice.

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