Transportation fueling stations/facilities applications should take special care to provide evidentiary documentation in support of their proposed activities in the HBIIP Project Technical Report. Of the total amount of funds available each quarter, approximately $67.5 million will be made available to transportation fueling facilities (including fueling stations; convenience stores; hypermarket fueling stations; fleet facilities, including transportation, freight, rail and marine; and similar entities with capital investments) for eligible implementation activities related to higher blends of fuel ethanol greater than 10 percent ethanol, such as E15 or higher, and/or activities related to higher blends of biodiesel greater than five percent, such as B20 or higher; and approximately $18 million will be made available to fuel distribution facilities (including terminal operations, depots, and midstream operations), for eligible implementation activities related to higher blends of fuel ethanol greater than 10 percent ethanol, such as E15 or higher and biodiesel greater than five percent biodiesel, such as B20 or higher. Federally funded health-care programs jumped from $43.8 billion in 1990 to $320 billion in 2014. This section includes appropriations law opinions and decisions, as well as GAOs Red Book (Principles of Federal Appropriations Law), information on our appropriations law training, and more. PDF The Constitutionality of Federal Grant Conditions after National Up to 10 percent of an applicant's Matching Funds requirement (up to 5 percent of total project costs) may be used to pay consumer education and/or marketing and/or signage related expenses. 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. Does Congress abuse its Spending Clause power by attaching conditions et seq., Federal Register In particular, Justice OConnor argued that Congress: is not entitled to insist as a condition of the use of highway funds that the State impose or change regulations in other areas of the States social and economic life because of an attenuated or tangential relationship to highway use or safety. What happened to the vaccine panels that were planned by Democratic leaders back in 2020? notice, Revisions to the Standards for the Classification of Federal Data on Race and Ethnicity (published October 30, 1997 at 62 FR 58782). An affiliate is an entity controlling or having the power to control another entity, or a third party or parties that control or have the power to control both entities. U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 202509410; or, (2) Policy Basics: Federal Aid to State and Local Governments 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) Start Printed Page 41877 Approximately 50 percent of funds will be made available for activities/investments related to upgrading or installing equipment to make a transportation fueling facility fully compatible to dispense/sell higher blends of fuel ethanol and/or biodiesel. mesurer votre utilisation de nos sites et applications. 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. The Spending Clause expressly empowers Congress "to lay and collect Taxes, to provide for the general Welfare of the United States." Type of Assistance Instrument: For example, in 1990, a seven-year-old boy was lured into the woods of Washington, abducted, raped, stabbed, and mutilated. If a GPS displays the correct time, can I trust the calculated position? Award considerations. 12372, Intergovernmental Review of Federal Programs, applies to this program. To file a program discrimination complaint, a complainant should complete a Form AD3027, Approximately $450 million is made available to eligible Other Federal Statutes. e.g., While Congress would generally not be permitted to compel state legislators or executive officials to enforce or administer a federal regulatory program, it could provide federal grants to encourage states to participate in a federal 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). 6. When Congress uses its Spending Clause authority, it may generally prescribe the terms and conditions under which the federal funds are accepted and used by recipients. The Constitutionality of Federal Grant Conditions after NFIB v. Sebelius Congressional Research Service 1 Background In March 2010, the 111th Congress passed the Patient Protection and Affordable Care Act1 as amended by the Health Care and Education Reconciliation Act of 2010.2 Jointly referred to as the Affordable Care Act (ACA), the ACA expands Medicaid eligibility, increases access to health Site design / logo 2023 Stack Exchange Inc; user contributions licensed under CC BY-SA. The documents posted on this site are XML renditions of published Federal participants, $90 million each calendar quarter commencing July 1, 2023. (g) SF 424D, AssurancesConstruction Programs signed by applicant entity (if signing by Power of Attorney, a legal, fully executed copy of the Power of Attorney must be provided when submitting the application for it to be considered complete). https://www.epa.gov/sites/default/files/2014-05/documents/bulk_storage_container_integrity-testing-factsheet.pdf. Applicants should also submit to RBCS the compatibility verification of equipment to be funded. Spill Prevention, Control and Countermeasure Plan (SPCC) Program, 40 CFR part 112; 3. HBIIP is intended to encourage a more comprehensive approach to marketing higher blends by sharing the costs related to building and/or retrofitting biofuel-related infrastructure. This feature is not available for this document. This E.O. Grant Policies | GRANTS.GOV 7. Biodiesel blends above B20 have similar requirements; some infrastructure changes may even be necessary when storing blends greater than B5. The Federal Government's Authority to Impose Conditions on Grant Funds All applicants are responsible for expenses incurred in developing their applications. HHS implemented this requirement in 45 CFR Part 93, "New Restrictions on Lobbying . e.g., Application requirements and other important information is available on the HBIIP web page This is settle law. (a.) 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. afficher des publicits et des contenus personnaliss en fonction de vos profils de centres dintrt; mesurer lefficacit des publicits et contenus personnaliss; et. (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. https://www.lep.gov/. If available funds are insufficient to fund the total amount of an application: (a) The applicant will be notified and given the option to lower the grant request and accept the remaining funds. 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. Capital Projects Fund them; be germane to the federal interest in the particular national projects or programs to which the money is directed; not violate a separate constitutional provision, such as the First Amendment or the Due Process or Takings Clauses of the Fifth Amendment; and. To pay off any Federal direct or guaranteed loan or any other form of Federal debt. which can be obtained online at Awardees that are Non-Federal Entities, defined pursuant to 2 CFR 200.1 as any State, local government, Indian tribe, Institution of Higher Education, or nonprofit organization, shall be governed by the requirements of Section 70914 of the Build America, Buy America Act (BABAA) within the IIJA. DATES Providing federal funds to nonfederal entities has been seen to constitute an exercise of one of Congresss enumerated powers, namely, its power under the Spending Clause of the Constitution (Article I, Section 8, Clause 1). Start Printed Page 41882 Start Printed Page 41883 Fueling stations/locations/facilities constructed during the grant period are restricted from receiving HBIIP grant funds for fuel storage tanks. The New England States of Maine, Vermont, New Hampshire, Massachusetts, Connecticut, Rhode Island; and/or, 2. The following additional items will need to be executed by grantees selected for this program in order to receive HBIIP funds: 1. PDF Federally Funded Academic Research Requirements: Background and Issues This funding opportunity will also be posted to Applicants and their authorized/rightful users will be required to obtain a USDA eAuthentication and obtain access to the secure portal. Notice of funding opportunity. 13. A longstanding and related federal policy has been to ensure that recipients of federal . However, compatibility requirements for these components may exist in other local regulations, such as, but not limited to, the fire code. For complete information about, and access to, our official publications Sustainable aviation fuel (SAF) projects. 10. Piping containment sumps entered by the piping; 4. Is a naval blockade considered a de jure or a de facto declaration of war? Award Amounts: Stay informed as we add new reports & testimonies. (4) Subpart B of 2 CFR part 421, which adopts the Governmentwide implementation (2 CFR part 182) of the Drug-Free Workplace Act. The Supreme Court has also suggested that grant conditions may be improper if they are unrelated "to the particular national projects or programs" to which the federal funds are being directed. 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. USDA Program Discrimination Complaint Form, Federalism describes the system of shared governance between national and state governments. 06/27/2023 at 8:45 am. Accordingly, the Agency will not take action on applications until 60 days have lapsed from notification to Congress. HBIIP funds are intended to provide additional incentives. Previous acceptance of an HBIIP Letter of Conditions cannot be withdrawn and resubmitted under this notice, unless there is a change in scope of work approved by RBCS (HBIIP) staff. The Agency anticipates making awards within 90180 days after the application deadline. How to get around passing a variable into an ISR, broken linux-generic or linux-headers-generic dependencies. edition of the Federal Register. The Path of Federal Election Funding | Bipartisan Policy Center Specifically, to be constitutional, a federal funding condition must be all of the following: In pursuit of the general welfare. Although the contributions of consumer education and/or marketing and/or signage toward a fuel station's fuel sales are well recognized, a very tall sign to display fuel prices does not in any way assist a facility with higher blends compatibility. Without a meaningful check on conditional federal spending, Congress can withhold federal benefits from states under the Spending Power Clause on any rational condition it desires. 1352]. (3) 2 CFR parts 200 and 400 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), or any successor regulations. Can the US Congress allocate funds conditionally? available approximately $450 million in the form of cost-share grants to eligible entities to assist with infrastructure improvements to increase the sale and use of agricultural commodity-based fuels. (See, Relationship Between the Conditions and the Purpose of the Federal Funds, below.) (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. Performance Period: Renewal or Supplemental Awards: Any expense associated with reporting results and/or outcomes during the disbursement, performance, and servicing portions of this program. The Court does not appear to have invalidated a federal spending condition on the basis that it fails this "relatedness" standard, nor has any lower court seemingly done so. Start Printed Page 41880 Conditional Spending | Encyclopedia.com regulatory information on FederalRegister.gov with the objective of The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program authorized by the American Rescue Plan Act, delivers $350 billion to state, territorial, local, and Tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency. Administrator, Rural Business-Cooperative Service, USDA Rural Development. Of course this grant-witholding applies to COVID containment funding only. There is an underlying expectation that owners/participants located in underserved areas today will be positioned as higher blend fuel market leaders tomorrow. 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 1984 National Minimum Drinking Age Act, [23 U.S.C. https://www.rd.usda.gov/programs-services/energy-programs/higher-blends-infrastructure-incentive-program#to-apply. publication in the future. Prohibit the use of federal dollars for biometric surveillance systems; A consideration for geographical diversity and markets underserved by higher blends is also afforded to applicants/participants To register in SAM, entities will be required to obtain a Unique Entity Identifier (UEI). (b) While every effort has been made to ensure that Maybe we should first ascertain if mandating vaccines pass a constitutional test. (d) Each applicant must provide a valid UEI in its application, unless determined exempt under 2 CFR 25.110 ( Instructions and resources for completing the online application are available on the HBIIP web page under the To Apply tab, More information on these requirements can be found at The problem of congressional oversight. (c) Notification of funding determination. (c) Each applicant must ensure it completes the Financial Assistance General Certifications and Representations in SAM. 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. New construction. That being said, it is most likely that Congress decline to make the relevant appropriations at all until such time as the conditions have been met, so that they stay in control of the process. Each document posted on the site includes a link to the (b) 12988. Congress's Power Over Appropriations: A Primer - CRS Reports Through the attachment of such conditions to federal funding, Congress may attain federal policy objectives in areas that it lacks the power to regulate directly (that is, the objectives do not fall within "the enumerated legislative fields committed to the Congress" by the Constitution). Fax: Spending Clause Conditions and the Coronavirus State Fiscal Recovery Fund There is no minimum amount for these grants. In South Dakota v. Dole, for example, the Supreme Court upheld as a valid exercise of Congress's spending power a statute that conditioned the grant of federal highway funds to any state upon that state prohibiting the legal purchase or possession of alcohol by individuals less than 21 years old. For example, recent administrations have directed agencies to identify rules that are obsolete or in need of revision. The following funding restrictions apply to applications submitted under this notice. Existing fueling stations. The application windows for enrollment in the HBIIP will take place quarterly for five quarters, starting July 1, 2023, through September 30, 2024, with the option for a sixth application window if funding has not been exhausted. Drinking age and road construction/repair are related. This PDF is These conditions may generally specify that the funds be used for particular purposes or, alternatively, prohibit their use for certain purposes. Congress can, and often does, use its spending power to incentivize states to adopt Congress's preferred policies or practices. However, up to 10 percent of an applicant's matching funds requirement (up to 5 percent of total project costs) may be used to pay for higher blend consumer education and/or higher blend marketing and/or higher blend signage related expenses. USDA's guidance is available online at Under Section 22003 of the Inflation Reduction Act of 2022, RBCS is making

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