Applicants who are found to be/have been in violation of applicable Federal Law/statutes will be deemed ineligible. Letter of Conditions, awarding an HBIIP grant to the applicant and specifying certain conditions and requirements of the grant award, 2. to the courts under 44 U.S.C. 804(2), because it will result in an annual effect on the economy of $100,000,000 or more. Electronic submissions: Paperwork Reduction Act. How can negative potential energy cause mass decrease? the Federal Register. In its 1982 decision in South Dakota v. Dole, the Supreme Court engaged in what is arguably its most notable discussion of the "relatedness" standard to date. Congress placed restrictions on lobbying on recipients of federal funding from all federal agencies through the Byrd Amendment to the Department of the Interior Appropriations Act for Fiscal Year 1990 Pub. Fiscal Year Funds: Can states buy vaccines directly from the manufacturers? Start Printed Page 41883 Grants. Piping carrying product from the tank; 3. (c) Lorsque vous utilisez nos sites et applications, nous utilisons des, authentifier les utilisateurs, appliquer des mesures de scurit, empcher les spams et les abus; et. https://www.rd.usda.gov/programs-services/energy-programs/higher-blends-infrastructure-incentive-program#to-apply. Prohibit the use of federal dollars for biometric surveillance systems; Relationship Between the Conditions and the Purpose of the Federal Funds. For the RBCS to consider an application complete, the application must include all environmental review documents with supporting documentation in accordance with 7 CFR part 1970 and as referenced in Section D.2 of this notice. The program will share the costs related to the upgrading of fuel dispensers (gas and diesel pumps) and attached equipment, fuel storage tank system components (which includes but is not limited to tanks, pumps, ancillary equipment, lines, gaskets, and sealants), and other infrastructure required at a location to ensure the environmentally safe availability of fuel containing ethanol blends greater than 10 percent or fuel containing biodiesel blends greater than 5 percent. publication in the future. the current document as it appeared on Public Inspection on Civil Rights compliance includes, but is not limited to the following: (i) Collect and maintain data provided by recipients on race, sex, and national origin. informational resource until the Administrative Committee of the Federal In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. A compatibility verification will ensure that grant funds are used for purposes that expand the environmentally safe availability of fuel containing higher blends of ethanol and biodiesel. HBIIP grant funds may not be used to pay for expenses related to higher blend consumer education and/or higher blend marketing and/or higher blend signage. this action meets the threshold for a major rule, as defined by 5 U.S.C. (b) If two or more applications have the same priority score and the same submittal date, both applicants will be notified and given the option to lower the grant requests and accept the remaining funds. For further information contact: Jeff Carpenter at For Higher Blend Implementation Activities related to fuel distribution facilities. Piping containment sumps entered by the piping; 4. (ii) The applicant must comply with title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, the Americans with Disabilities Act (ADA), section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Executive Order 12250, and 7 CFR part 1901, subpart E. (2) 2 CFR part 417 Governmentwide Debarment and Suspension (Non-procurement), or any successor regulations. higher cost, may be considered in this funding program. R47109 May 18, 2022 . This financial dependence of the states on Congress's beneficence invites Congress to extract concessions from the states, to require the states to accept "conditions" in return for the revenues now under Congress's control. The following additional items will need to be executed by grantees selected for this program in order to receive HBIIP funds: 1. The Agency encourages applicants to consider projects that will advance the following key priorities (more details available at DATES The federal-state Medicaid program is, and has been for years, a major source of funding for some of the pregnancy-related care that Planned Parenthood provides, and it is at the center of the new controversy. How well informed are the Russian public about the recent Wagner mutiny? Congress's challenges in exerting itself as a meaningful check on the executive branch take several forms. But, understand that it would not likely happen, because the federal government wants people to be vaccinated. Spending Clause Conditions and the Coronavirus State Fiscal Recovery Fund HBIIP@usda.gov) or Environmental Information; and. HBIIP grant funds may be used to upgrade or replace fuel dispensers/pumps, UST system components, or other required infrastructure, necessary to make their facility fully compatible with higher blends of ethanol or biodiesel. The conditions need not be limited to how the funds are spent. A priority score will be added to complete applications deemed eligible to compete. However, as the Supreme Court explained in South Dakota v. Dole, 483 U.S. 203 (1987), and later cases, the conditions Congress places on funds offered to states must be unambiguous and relate to a federal interest in the program, and Congress Combining every 3 lines together starting on the second line, and removing first column from second and third line being combined, Can I just convert everything in godot to C#. Congressional Review Act. e.g., The Tenth Amendment means that Congress cannot force a state to pass any regulations or legislation. better and aid in comparing the online edition to the print edition. This consideration is intended to work in concert with the Targeted Assistance Goal to distribute program funds more broadly across a greater number of states that may not otherwise participate. Spill Prevention, Control and Countermeasure Plan (SPCC) Program, 40 CFR part 112; 3. 12372, Intergovernmental Review of Federal Programs, applies to this program. After grant approval and through grant completion, grantees will be required to periodically provide the following, as indicated: (a) A SF425, Federal Financial Report, and a project performance report will be required on a semiannual basis (due 30 calendar days after end of the semiannual period). Given the purpose of the HBIIP, higher priority will be given to projects deemed to significantly increase the sales and use of higher blends of ethanol and biodiesel on a gallons per dollar of requested funds basis. System for Award Management and Unique Entity Identifier, F. Federal Award Administration Information, 2. Owners and operators should check for these requirements with their implementing agency. If a state accepts federal funds on conditions and then fails to follow the requirements, the usual remedy is federal administrative action to terminate the funding and to recoup funds the state has already received. (a) I think that FedGov can lawfully use these non-forceful tax incentives to restrict social activities to reasonably prevent disease spread. (11) The perpetrator, Earl Shriner, cut off the boy's penis and left him to die. There is no minimum amount for these grants. i.e., The use of a Web browser such as Chrome or its equivalent is highly encouraged. Generally there has been a widespread consensus that people do have the right to refuse medical treatments. Targeted Assistance Goal. Due to the competitive nature of this program, applications receiving the same priority score will be competed/ranked based on submittal date. Senators Markey, Merkley Lead Colleagues on Legislation to Ban section of this notice. The proprietary nature and confidentiality of information collected from program participants is specified in 7 U.S.C. Politics Stack Exchange is a question and answer site for people interested in governments, policies, and political processes. 10.754. No member of or delegate to Congress shall receive any share or part of a grant awarded pursuant to HBIIP 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. A Notice by the Rural Business-Cooperative Service on 06/28/2023. Learn about the purposes and principles of federal fiscal law through GAOs Principles of Appropriations Law course. The Dole case concerned the National Minimum Drinking Age Amendment of 1984, which authorized the Secretary of Transportation to withhold 5% of federal highway funds from states which permitted persons below 21 years of age to purchase alcohol. We are currently updating the Federal Budget Glossary. Rural Business-Cooperative Service (RBCS). Incomplete applications will not be competed and will not receive funding. 2. U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 202509410; or, (2) "commandeering" of state or local governments or officials by requiring them to carry out federal programs. This is settle law. In the unlikely event that every successful applicant is awarded the maximum amount available of $5 million, approximately 20 awards will be made. 4. 5. Business operations that derive more than 10 percent of annual gross revenue (including any lease income from space or machines) from gambling activity, excluding State or Tribal authorized lottery proceeds, as approved by the Agency, conducted for the purpose of raising funds for the approved project. My understanding is that Congress can use this digression IF the issue falls under their power to tax (enumerated powers). The RBCS retains the discretion to award a 10 percent scoring priority to applications that support HBIIP policy goals and that specifically promote economic development to improve life in rural areas that are most in need: (a) After applying electronically through the HBIIP website, the applicant will receive an automated acknowledgement, specifying submission date and time, from the HBIIP online application system. In accordance with Federal civil rights laws and USDA civil rights regulations and policies, the USDA, its Mission Areas, agencies, staff offices, employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). HBIIP funds are intended to provide additional incentives. Administrator, Rural Business-Cooperative Service, USDA Rural Development. GAO issues legal opinions and decisions to Congress and federal agencies on the use of, and accountability for, public funds, including ruling on potential violations of the Antideficiency Act. Additional requirements that apply to grantees selected for this program can be found in the Grants and Agreements regulations of the Department of Agriculture codified in 2 CFR parts 180, 200, 400, 415, 417, 418, 421; 2 CFR parts 25 and 170; and 48 CFR 31.2. If an applicant has not fully complied with the requirements by the time the Agency is ready to make an award, the Agency may determine that the applicant is not qualified to receive a Federal award and use that determination as a basis for making a Federal award to another applicant. It reads: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Grant and matching funds may not be used to support costs for services or goods going to, or coming from, a person or entity with a real or apparent conflict of interest. This site displays a prototype of a Web 2.0 version of the daily Applicants may work to complete the online application until the deadline specified in the As the Supreme Court has explained, legislation enacted pursuant to the Spending Clause is one significant way that Congress may influence state behavior without "commandeering" state officials in violation of the Tenth Amendment: Congress has frequently employed the Spending Power to further broad policy objectives by conditioning receipt of federal moneys upon compliance by the recipient with federal statutory and administrative directives. RBCS has determined that tanks would be required of any new fueling stations/locations/facility regardless of any commitment to market higher blends. EPA regulations found in 40 CFR 280.32 require demonstrating compatibility of systems storing fuel containing greater than 10 percent ethanol or greater than 20 percent biodiesel, so RBCS collecting this information in advance is not an additional burden for applicants. If the applicant takes any such actions or incurs any such obligations, it could result in project ineligibility. Answers to a question like this should not be concerned with what would be ethical or the right thing to do, but stick to the question actually asked. Many states have established a Single Point of Contact (SPOC) to facilitate this consultation. HBIIP Manager, RBCS, Rural Development, United States Department of Agriculture, 1400 Independence Avenue SW, Mail Stop 3201, Room 5801South, Washington, DC 20250; or call (402) 4375554. Applicants and their authorized/rightful users will be required to obtain a USDA eAuthentication and obtain access to the secure portal. Recipients of federal financial assistance in the form of grants may also be required, as a condition of accepting the grant, to perform or refrain from certain actions. 3. The Agency established this Targeted Assistance Goal to distribute a portion of program funds among a greater number of business owners and, across a broader geographic region, to increase participation. (c) The application window will close at 4:30 p.m. Eastern time on the last day of each quarter. Dole, the U.S. Supreme Court articulated five restrictions on conditions imposed by Congress on a grant of federal funds to a state. Federally funded health-care programs jumped from $43.8 billion in 1990 to $320 billion in 2014. There is nothing that prevents congress from deciding how to allocate those funds and what is required to get them though it could always be challenged in court. Start Printed Page 41884. Pumping equipment, including the submersible pump or suction pump, depending on the type of system; 5. The Awardee is encouraged to display USDA standard infrastructure investment signage, available for download from the Agency, during construction of the Project. The applicant must certify to compliance with other Federal statutes and regulations by completing the Financial Assistance General Certifications and Representations in SAM, including, but not limited to the following: (1) 7 CFR part 15, subpart ANondiscrimination in Federally Assisted Programs of the Department of AgricultureEffectuation of Title VI of the Civil Rights Act of 1964. 1352]. 2. Pursuant to subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (also known as the Congressional Review Act or CRA); 5 U.S.C. To register in SAM, entities will be required to obtain a Unique Entity Identifier (UEI). [FR Doc. The states and the federal government have both exclusive and concurrent powers, which help to explain the negotiation over the balance of power between them. To be eligible for this program, a project's sole purpose must be for the installation, and/or retrofitting, and/or otherwise upgrading of fuel dispensers/pumps, related/attached equipment, fuel storage tank system components, and other infrastructure required at a location to ensure the environmentally safe availability of fuel containing ethanol blends greater than 10 percent or fuel containing biodiesel blends greater than 5 percent. Ineligible project costs for HBIIP projects include, but are not limited to: 2. While only one HBIIP application may be submitted per applicant under this notice, an application may request assistance for multiple facilities/locations that are owned and/or legally controlled by the applicant entity. notice, Revisions to the Standards for the Classification of Federal Data on Race and Ethnicity (published October 30, 1997 at 62 FR 58782). Coronavirus State and Local Fiscal Recovery Funds afficher des publicits et des contenus personnaliss en fonction de vos profils de centres dintrt; mesurer lefficacit des publicits et contenus personnaliss; et. Si vous ne souhaitez pas que nos partenaires et nousmmes utilisions des cookies et vos donnes personnelles pour ces motifs supplmentaires, cliquez sur Refuser tout. 1. The vast majority of this funding $391 billion, or 83 percent was for Medicaid and the Children's Health Insurance Program (CHIP). L. 101-121 - PDF, October 23, 1989; and 31 U.S.C. Application requirements and other important information is available on the HBIIP web page Stack Exchange network consists of 182 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers. The Certification of Matching Funds must be signed by the applicant. Spending Power - Further Readings - Federal, Congress, Court, and i.e., The Federal Grant and Cooperative Agreement Act, passed in 1977, set out to guide government agencies in their use of Federal funds - particularly by defining the roles of contracts, cooperative agreements, and grants. (d) A targeted assistance goal is set for applicants (owners) owning the fewest number of transportation fueling stations/locations (and owning at least one). Funding of political or lobbying activities. Federal Authority to Lift or Modify State and Local COVID-19 "Stay-at 12988. Browse other questions tagged, Start here for a quick overview of the site, Detailed answers to any questions you might have, Discuss the workings and policies of this site. All recipients of Federal financial assistance are required to report information about first-tier sub-awards and executive total compensation in accordance with 2 CFR part 170. The federal UST regulation from EPA does not require owners and operators to demonstrate the compatibility of dispensers or associated aboveground equipment. rev2023.6.28.43515. Grant Policies | GRANTS.GOV This feature is not available for this document. One involves the legislative branch's . The State of Federal Election Funding Today. Federal Register. (vi) Partnershipssignificant long-term supplier and/or customer arrangements and/or agreements; Fuel distribution facility applications must provide evidentiary documentation in support of their throughput projections in the HBIIP Project Technical Report. Notice of funding opportunity. Can the US Congress allocate funds conditionally? Owners and operators must demonstrate compatibility for the components below to store substances containing more than 10 percent ethanol or more than 20 percent biodiesel. Grants for up to 50 percent of total eligible project costs, but not more than $5 million, are made available to owners of: (1) more than 10 transportation fueling facilities, including, but not limited to, local fueling stations/locations; convenience stores; and hypermarket fueling stations; (2) fleet facilities including rail and marine; and (3) fuel distribution facilities, including fuel terminal operations; midstream operations; and/or distribution facilities including home heating oil distribution facilities with more than 80 percent of their average annual throughput volume coming from home heating oil. (a) Annual sales volume for the past 3 calendar years or projected sales for fueling stations constructed during the grant period, for all fuels including E10 and/or B5; (b) The incremental increase in higher blend fuel volume attributed to: (i) The proposed change in percentage of refueling positions offering E15 and/or B20 or higher blends (the greater percentage of higher blend fuel refueling positions, the greater the higher blend fuel volume attribution); (ii) The proposed new ratio number of fueling positions offering E15 and/or B20 relative to the number of fueling positions offering E10 and/or B5 (the greater the ratio of higher blend fuel refueling positions relative to E10 and/or B5, the greater the higher blend fuel volume attribution); (iii) The proposed ratio number of fueling positions offering E85 relative to The environmentally safe growth in availability of fuels containing higher blends of ethanol or biodiesel depends on these fuels being stored and dispensed from UST systems that are compatible with E15. developer tools pages. Multiple facilities The following funding restrictions apply to applications submitted under this notice. Grants for up to 75 percent of total eligible project costs, but not more than $5 million, are made available to: (1) owners, including affiliated entities, of 10 or fewer transportation fueling facilities, including local fueling stations/locations; convenience stores; and hypermarket fueling stations; and (2) owners of home heating oil distribution facilities who have at least 80 percent of their average annual throughput volume coming from home heating oil, including affiliated entities. Funds made available under HBIIP may only be used for eligible equipment, infrastructure, and related expenses to support the sales and use of higher biofuel blends, fuel containing ethanol greater than 10 percent by volume and/or fuel containing biodiesel blends greater than 5 percent by volume.
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