7 C.F.R. §§ 4280.149–4280.159

§4280.149. Applicant eligibility.

7 C.F.R. § 4280.149

To be eligible for an EA grant or a REDA grant under this subpart, the applicant must meet each of the criteria, as applicable, specified in paragraphs (a) through (d) of this section. The Agency will determine an applicant's eligibility.

(a)

The applicant must be one of the following:

(1)

A unit of State, Tribal, or local government;

(2)

A land-grant college or university, or other institution of higher education;

(3)

A rural electric cooperative;

(4)

A public power entity;

(5)

An instrumentality of a State, Tribal, or local government; or

(6)

A council, as defined under the Resource Conservation and Development Program, at 16 U.S. C. 3451.

(b)

The applicant must have sufficient capacity to perform the EA or REDA activities proposed in the application to ensure success. The Agency will make this assessment based on the information provided in the application.

(c)

The applicant must have the legal authority necessary to apply for and carry out the purpose of the grant.

(d)

The applicant must—

(1)

Be registered in the SAM prior to submitting an application;

(2)

Maintain an active SAM registration with current information at all times until final fund disbursement has been made.

(3)

Provide its UEI number in each application it submits to the Agency. Generally, the UEI number is included on SF-424.

Notes, amendments, and revision history

Source

Source: 86 FR 22309, Apr. 27, 2021, unless otherwise noted.

Authority

Authority: 7 U.S.C. 1989(a), 7 U.S.C. 2008s.

Source

Source: 70 FR 41303, July 18, 2005, unless otherwise noted.

§4280.150. Project eligibility.

7 C.F.R. § 4280.150

To be eligible for an EA or a REDA grant, the grant funds for a project must be used by the grantee to assist agricultural producers or rural small businesses in one of the purposes specified in paragraphs (a) and (b) of this section, and must also comply with paragraphs (c) through (f) of this section.

(a)

Conducting and promoting energy audits as defined in 4280.103.

(b)

Conducting and promoting REDA by providing to agricultural producers and rural small businesses recommendations and information on how to improve the energy efficiency of the operations and to use renewable energy technologies and resources in their operations.

(c)

EA and REDA can be provided only to a project located in a rural area unless the grantee of such project is an agricultural producer. If the project is owned by an agricultural producer, the project for which such services are being provided may be located in either a rural or non-rural area and the EA or REDA can only be for an EEI or RES on components that support the production, processing, vertical integration, or marketing of agricultural products. If the agricultural producer's operation is in a non-rural area, then the Energy Audit or REDA can only be for RES or EEI components of the business operation that are directly related to and their use and purpose is limited to the agricultural production operation, such as vertically integrated operations, and are part of and co-located with the agricultural production operation.

(d)

The EA or REDA must be provided to a recipient in a State.

(e)

The applicant must have a place of business in a State.

(f)

The applicant is cautioned against taking any actions or incurring any obligations prior to the Agency completing the environmental review that would either limit the range of alternatives to be considered or that would have an adverse effect on the environment, such as the initiation of construction. If the applicant takes any such actions or incurs any such obligations, it could result in project ineligibility.

Notes, amendments, and revision history

Source

Source: 86 FR 22309, Apr. 27, 2021, unless otherwise noted.

Authority

Authority: 7 U.S.C. 1989(a), 7 U.S.C. 2008s.

Source

Source: 70 FR 41303, July 18, 2005, unless otherwise noted.

§4280.151. Ineligible projects.

7 C.F.R. § 4280.151

Ineligible projects for EA and REDA grants include, but are not limited to:

(a)

Research related projects.

(b)

Feasibility studies of any nature.

(c)

Projects where funding is not targeted directly to assisting agricultural producers or rural small businesses.

(d)

Projects to develop computer software or programs.

(e)

Projects where 50 percent or more of the costs are in-eligible or where project costs as defined in the application do not meet the definition of providing energy audits or renewable energy development assistance.

(f)

Projects which propose to provide energy audits or renewable energy development assistant for residential purposes.

Notes, amendments, and revision history

Source

Source: 86 FR 22309, Apr. 27, 2021, unless otherwise noted.

Authority

Authority: 7 U.S.C. 1989(a), 7 U.S.C. 2008s.

Source

Source: 70 FR 41303, July 18, 2005, unless otherwise noted.

§4280.152. Grant funding for Energy Audit and Renewable Energy Development Assistance.

7 C.F.R. § 4280.152

(a)

Maximum grant amount. The maximum aggregate amount of EA and REDA grants awarded to any one recipient under this subpart cannot exceed $100,000 in a Federal fiscal year. Grant funds awarded for EA and REDA projects may be used only to pay eligible project costs, as described in paragraph (b) of this section. Ineligible project costs are listed in paragraph (c) of this section. Provisions for EA applications are listed in paragraph (d)of this section.

(b)

Eligible project costs. Eligible project costs for EA and REDA are those costs incurred after the date a complete application has been received by the Agency and that are directly related to conducting and promoting EA and REDA, which include but are not limited to:

(1)

Salaries;

(2)

Travel expenses;

(3)

Office supplies (e.g., paper, pens, file folders); and

(4)

Expenses charged as a direct cost or as an indirect cost of up to a maximum of 5 percent for administering the grant.

(c)

Ineligible project costs. Ineligible project costs for EA and REDA grants include, but are not limited to:

(1)

Payment for any construction-related activities;

(2)

Purchase or lease of equipment;

(3)

Payment of any judgment or debt owed to the United States;

(4)

Any goods or services provided by a person or entity who has a conflict of interest as provided in § 4280.106;

(5)

Any costs of preparing the application package for funding under this subpart; and

(6)

Funding of political or lobbying activities.

(7)

Funding to train individuals to become qualified to perform EA or REDA assistance.

(8)

Payment or waiver of student tuition.

(d)

EA. A grantee that conducts energy audits must require that, as a condition of providing the EA assistance, the agricultural producer or rural small business pay at least 25 percent of the cost of the energy audit. Further, the amount paid by the agricultural producer or rural small business will be retained by the grantee as a contribution towards the cost of the energy audit and considered program income. The grantee may use the program income to further the objectives of their project or EA services offered during the grant period in accordance with Departmental Regulations. The 25% to be paid by an agricultural producer or rural small business does not count towards the commitment of funds scoring criteria noted in 4280.155(f).

Notes, amendments, and revision history

Source

Source: 86 FR 22309, Apr. 27, 2021, unless otherwise noted.

Authority

Authority: 7 U.S.C. 1989(a), 7 U.S.C. 2008s.

Source

Source: 70 FR 41303, July 18, 2005, unless otherwise noted.

§4280.153. EA and REDA grant applications—content.

7 C.F.R. § 4280.153

(a)

Unless otherwise specified in a Federal Register notice, applicants may only submit one EA grant application and one REDA grant application each Federal fiscal year. No combination (EA and REDA) applications will be accepted.

(b)

Applicants must submit complete applications consisting of the elements specified in paragraphs (b)(1) through (7) of this section, except that paragraph (b)(3), is optional. Applications will be evaluated based only on information submitted by the applicant in the application.

(1)

Form SF-424.

(2)

Form SF-424A, “Budget Information— Non Construction Programs.”

(3)

Identify the ethnicity, race, and gender of the applicant. This information is optional and is not required for a complete application.

(4)

Certification that the applicant is a legal entity in good standing (as applicable) and operating in accordance with the laws of the State(s) or Tribe where the applicant has a place of business.

(5)

The applicant must identify whether or not the applicant has a known relationship or association with an Agency employee. If there is a known relationship, the applicant must identify each Agency employee with whom the applicant has a known relationship.

(6)

A proposed scope of work to include the following items—

(i)

A brief summary including a project title describing the proposed project;

(ii)

Goals of the proposed project;

(iii)

Geographic scope or service area of the proposed project and the method and rationale used to select the service area;

(iv)

Identification of the specific needs for the service area and the target audience to be served. The number of agricultural producers and/or rural small businesses to be served must be identified including name and contact information, if available, as well as the method and rationale used to select the agricultural producers and/or rural small businesses;

(v)

Timeline describing the proposed tasks to be accomplished and the schedule for implementation of each task. Include whether organizational staff, consultants, or contractors will be used to perform each task. If a project is located in multiple States, resources must be sufficient to complete all projects;

(vi)

Marketing strategies to include a discussion on how the applicant will be marketing and providing outreach activities to the proposed service area ensuring that agricultural producers and/or rural small businesses are served;

(vii)

Applicant's experience as follows—

(A)

If applying for a REDA grant, the applicant's experience in completing similar REDA activities, such as renewable energy site assessments and renewable energy technical assistance provided directly to agricultural producers and rural small businesses, including the number of similar projects the applicant has performed and the number of years the applicant has been performing a similar service.

(B)

If applying for an EA grant, the number of energy audits the applicant has completed and the number of years the applicant has been performing those services;

(C)

For all applicants, the amount of experience in administering EA, REDA, or similar activities as applicable to the purpose of the proposed project. Provide discussion if the applicant has any existing programs that can demonstrate the achievement of energy savings or energy generation with the agricultural producers and/or rural small businesses the applicant has served. If the applicant has received one or more awards within the last 5 years in recognition of its renewable energy, energy savings, or energy-based technical assistance, please describe the achievement;

(viii)

Itemized budget; and

(ix)

Identify the amount of matching funds and other funds and the source(s) the applicant is proposing to use for the project. Provide written commitments for matching funds and other funds at the time the application is submitted.

(A)

If financial resources come from the applicant, documentation may include a bank statement that demonstrates availability of funds.

(B)

If a third party is providing financial assistance to the project, the applicant must submit a commitment letter signed by an authorized official of the third party. The letter must be specific to the project, identify the dollar amount being provided and any applicable rates and terms.

Notes, amendments, and revision history

Source

Source: 86 FR 22309, Apr. 27, 2021, unless otherwise noted.

Authority

Authority: 7 U.S.C. 1989(a), 7 U.S.C. 2008s.

Source

Source: 70 FR 41303, July 18, 2005, unless otherwise noted.

§4280.154. Evaluation of EA and REDA grant applications.

7 C.F.R. § 4280.154

The Agency will evaluate EA and REDA grant applications, based only upon information submitted in the application, to determine if:

(a)

The application is complete, as defined in § 4280.103 and as per § 4280.153;

(b)

The applicant is eligible according to § 4280.149;

(c)

The project is eligible according to § 4280.150 and 4280.151, including 50% or more of proposed project costs are eligible; and

(d)

Grant funding provisions according to § 4280.152 are met.

Notes, amendments, and revision history

Source

Source: 86 FR 22309, Apr. 27, 2021, unless otherwise noted.

Authority

Authority: 7 U.S.C. 1989(a), 7 U.S.C. 2008s.

Source

Source: 70 FR 41303, July 18, 2005, unless otherwise noted.

§4280.155. Scoring EA and REDA grant applications.

7 C.F.R. § 4280.155

The Agency will score each EA and REDA application using the criteria specified in paragraphs (a) through (f) of this section, with a maximum score of 100 points possible. Unless otherwise altered via a Federal Register notification, the project must score a minimum of 40 points to be eligible to compete for funding.

(a)

Geographic scope of project in relation to identified need. A maximum of 20 points can be awarded.

(1)

If the applicant's proposed or existing service area is state-wide or includes all or parts of multiple states, and the scope of work has identified needs throughout that service area, 20 points will be awarded.

(2)

If the applicant's proposed or existing service area consists of multiple counties in a single state and the scope of work has identified needs throughout that service area, 15 points will be awarded.

(3)

If the applicant's service area consists of a single county or municipality and the scope of work has identified needs throughout that service area, 10 points will be awarded.

(b)

Number of agricultural producers/rural small businesses to be served. A maximum of 20 points will be awarded for this criterion based on the proposed number of ultimate recipients to be assisted and if the applicant has provided the names and contact information for the ultimate recipients to be assisted.

(1)

If the applicant plans to provide EA or REDA to:

(i)

Up to 10 ultimate recipients, 2 points will be awarded.

(ii)

Between 11 and up to and including 25 ultimate recipients, 5 points will be awarded.

(iii)

More than 25 ultimate recipients, 10 points will be awarded.

(2)

If the applicant provides a list with at least 50 percent of the total number of proposed ultimate recipients ready to be assisted, including their name and contact information, an additional 10 points may be awarded.

(c)

Marketing and outreach plan. A maximum of 5 points will be awarded for this criterion. If the scope of work included in the application provides a satisfactory discussion of each of the following criteria, one point for each can be awarded.

(1)

The goals of the project;

(2)

Identified need;

(3)

Targeted ultimate recipients;

(4)

Timeline and action plan; and

(5)

Marketing and outreach strategies and supporting data for strategies.

(d)

Applicant's organizational experience in completing the EA or REDA proposed activity. A maximum of 25 points will be awarded for this criterion based on the experience of the organization in providing EA or REDA as applicable to the purpose of the proposed project. The organization must have been in business and provided services for the number of years as identified in the paragraphs below. Experience of contractors proposed in the application to perform the services may be applied to this scoring criteria as long as the experience relates to the same type of activity, e.g., energy audit experience for an EA application.

(1)

More than 10 years of experience, 25 points will be awarded.

(2)

At least 5 years and up to and including 10 years of experience, 20 points will be awarded.

(3)

At least 2 years and up to and including 5 years of experience, 10 points will be awarded.

(4)

Less than 2 years of experience, no points will be awarded.

(e)

Potential of project to produce energy savings or generation and its attending environmental benefits. A maximum of 10 points will be awarded for this criterion under both paragraphs (e)(1) and (2) of this section

(1)

If the applicant (does not include entities the applicant will contract with) has an existing program that can demonstrate the achievement of energy savings or energy generation with the agricultural producers and/or rural small businesses it has served, 5 points will be awarded.

(2)

If the applicant (does not include entities the applicant will contract with) provides evidence that it has received one or more awards (e.g., recognition, not funding awards) within the last 5 years in recognition of its renewable energy, energy savings, or energy-based technical assistance, up to a maximum of 5 points will be awarded as follows:

(i)

International/national— 3 points for each.

(ii)

Regional/State— 2 points for each.

(iii)

Local— 1 point for each.

(f)

Commitment of funds. A maximum of 20 points will be awarded for this criterion if written documentation from each source providing matching funds and other funds are submitted with the application. Compare eligible commitment of funds to the amount of grant requested to derive percentage to be used for scoring.

(1)

If the applicant proposes to match 50 percent or more of the grant funds requested, 20 points will be awarded.

(2)

If the applicant proposes to match 20 percent or more but less than 50 percent of the grant funds requested, 15 points will be awarded.

(3)

If the applicant proposes to match 5 percent or more but less than 20 percent of the grant funds requested, 10 points will be awarded.

(4)

If the applicant proposes to match less than 5 percent of the grant funds requested, no points will be awarded.

Notes, amendments, and revision history

Source

Source: 86 FR 22309, Apr. 27, 2021, unless otherwise noted.

Authority

Authority: 7 U.S.C. 1989(a), 7 U.S.C. 2008s.

Source

Source: 70 FR 41303, July 18, 2005, unless otherwise noted.

§4280.156. Selecting EA and REDA grant applications for award.

7 C.F.R. § 4280.156

Unless otherwise provided for in a Federal Register notice, EA and REDA grant applications will be processed in accordance with this section. EA and REDA grant funding is maintained at the National Office and applications compete for funds only once in a nationwide competition.

(a)

Application competition. Complete EA and REDA applications received by the Agency by 4:30 p.m. local time on January 31 will be competed against each other. If January 31 falls on a weekend or a Federally observed holiday, the next Federal business day will be considered the last day for receipt of a complete application. Complete applications received after 4:30 p.m. local time on January 31, regardless of the postmark on the application, will be processed in the subsequent fiscal year. Unless otherwise specified in a Federal Register notice, the two highest scoring applications from each State, based on the scoring criteria established under § 4280.155, will compete for initial funding. If undersubscribed on eligible applications, the third highest scoring application from each state shall be requested for National Office review and potential competition, ranking and funding, until funds are expended.

(b)

Ranking of applications. All applications submitted to the National Office under paragraph (a) of this section will be ranked in priority score order. All applications that are ranked and meet the minimum scoring threshold will be considered for selection for funding.

(c)

Selection of applications for funding. Using the ranking created under paragraph (a) of this section, the Agency will consider the score an application has received compared to the scores of other ranked applications, with higher scoring applications receiving first consideration for funding. If two or more applications score the same and if remaining funds are insufficient to fund each such application, the Agency will distribute the remaining funds to each such application on a pro-rata basis. At its discretion, the Agency may also elect to redirect unused funds into the RES/EEI program or allow any remaining multi-year funds to be carried over to the next fiscal year rather than funding on a pro-rata basis.

(d)

Handling of ranked applications not funded. Based on the availability of funding, a ranked application submitted for EA or REDA funds may not be funded. Such ranked applications will not be carried forward into the next Federal fiscal year's competition.

Notes, amendments, and revision history

Source

Source: 86 FR 22309, Apr. 27, 2021, unless otherwise noted.

Authority

Authority: 7 U.S.C. 1989(a), 7 U.S.C. 2008s.

Source

Source: 70 FR 41303, July 18, 2005, unless otherwise noted.

§4280.157. Reserved

7 C.F.R. § 4280.157

Notes, amendments, and revision history

Source

Source: 86 FR 22309, Apr. 27, 2021, unless otherwise noted.

Authority

Authority: 7 U.S.C. 1989(a), 7 U.S.C. 2008s.

Source

Source: 70 FR 41303, July 18, 2005, unless otherwise noted.

§4280.158. Awarding and administering EA and REDA grants.

7 C.F.R. § 4280.158

The Agency will award and administer EA and REDA grants in accordance with Departmental Regulations and with the procedures and requirements specified in § 4280.123, except as specified in paragraphs (a) through (b) of this section.

(a)

Instead of complying with § 4280.123(b), the grantee must provide satisfactory evidence to the Agency that all officers of grantee organization authorized to receive and/or disburse Federal funds are covered by such bonding and/or insurance requirements as are normally required by the grantee.

(b)

The power purchase agreement specified in § 4280.123 (h) is not required.

Notes, amendments, and revision history

Source

Source: 86 FR 22309, Apr. 27, 2021, unless otherwise noted.

Authority

Authority: 7 U.S.C. 1989(a), 7 U.S.C. 2008s.

Source

Source: 70 FR 41303, July 18, 2005, unless otherwise noted.

§4280.159. Servicing EA and REDA grants.

7 C.F.R. § 4280.159

The Agency will service EA and REDA grants in accordance with the requirements specified in Departmental Regulations, the Financial Assistance Agreement, 7 CFR part 3, 7 CFR 1951 Subparts E and O, and the requirements in § 4280.124, except as specified in paragraphs (a) through (d) of this section.

(a)

Grant disbursement. The Agency will determine, based on the applicable Departmental Regulations, whether disbursement of a grant will be by advance or reimbursement. Form SF-270, Request for Advance or Reimbursement, must be completed by the grantee and submitted to the Agency no more often than monthly to request either advance or reimbursement of funds.

(b)

Semiannual performance reports. Project performance reports shall include, but not be limited to, the following:

(1)

A comparison of actual accomplishments to the objectives established for that period (e.g., the number of EA performed, number of recipients assisted, and the type of assistance provided for REDA);

(2)

A list of recipients, each recipient's location, and each recipient's NAICS code;

(3)

Problems, delays, or adverse conditions, if any, that have in the past or will in the future affect attainment of overall project objectives, prevent meeting time schedules or objectives, or preclude the attainment of particular project work elements during established time periods. This disclosure shall be accompanied by a statement of the action taken or planned to resolve the situation;

(4)

Objectives and timetable established for the next reporting period.

(c)

Final performance report. A final performance report will be required with the final Federal financial report within 90 days after project completion. The final performance report must contain the information specified in paragraphs (c)(1)(i) or (ii) of this section, as applicable.

(1)

For EA projects, the final performance report must provide complete information regarding:

(i)

The number of audits conducted,

(ii)

A list of recipients (agricultural producers and rural small businesses) with each recipient's NAICS code,

(iii)

The location of each recipient,

(iv)

The cost of each audit and documentation showing that the recipient of the EA provided 25 percent of the cost of the audit, and

(v)

The expected energy saved for each audit conducted if the audit is implemented.

(2)

For REDA projects, the final performance report must provide complete information regarding:

(i)

The number of recipients assisted, and the type of assistance provided,

(ii)

A list of recipients with each recipient's NAICS code,

(iii)

The location of each recipient, and

(iv)

The expected renewable energy that would be generated if the projects were implemented.

(d)

Outcome project performance report. One year after submittal of the final performance report, the grantee will provide the Agency a final status report on the number of projects that are proceeding with the grantee's recommendations, including the amount of energy saved and the amount of renewable energy generated, as applicable.

Notes, amendments, and revision history

Source

Source: 86 FR 22309, Apr. 27, 2021, unless otherwise noted.

Authority

Authority: 7 U.S.C. 1989(a), 7 U.S.C. 2008s.

Source

Source: 70 FR 41303, July 18, 2005, unless otherwise noted.