This PDF is It was viewed 36 times while on Public Inspection. interpreted this authority to include the power to place conditions on federal funding. Applicants must include all proposed activity under a single application. Spending Power - Further Readings - Federal, Congress, Court, and Section 280.32 of 40 CFR part 280 states that UST owners and operators must use an UST system made of or lined with materials that are compatible with the substance stored in the UST system. https://www.rd.usda.gov/priority-points): The purpose of the HBIIP is to significantly increase the sales and use of higher blends of ethanol and biodiesel. Any required environmental review must be completed prior to obligation of funds. (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. A Notice by the Rural Business-Cooperative Service on 06/28/2023. The project performance reports shall include the elements prescribed in the Grant Agreement which, for fueling stations, will include point of sale reporting for up to 5 years post project completion and, for fuel distribution facilities, will include reporting of throughput volumes of all fuels including higher blend fuels. Can the US states veto Congress legislation? (b) (5) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency. For information on limited English proficiency and agency-specific guidance go to 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. The American Rescue Plan provides $350 billion in emergency funding for eligible state, local, territorial, and Tribal governments to respond to the COVID-19 emergency and bring back jobs. Congress and presidents have worked to enhance oversight of the federal rulemaking process to promote greater transparency and public participation, and to reduce regulatory burden. 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. should verify the contents of the documents against a final, official The Spending Clause expressly empowers Congress "to lay and collect Taxes, to provide for the general Welfare of the United States." DATES et seq., May 15, 2020 To contain the spread of the Coronavirus Disease 2019 (COVID-19), roughly 20 states and the District of Columbia continue to operate under so-called "stay-at-home" orders closing nonessential businesses and limiting the circumstances in which individuals can leave their residences. It's probably not unconstitutional to tie random other "pork" to vaccine mandates (in new laws). Civil Justice Reform (E.O. afficher des publicits et des contenus personnaliss en fonction de vos profils de centres dintrt; mesurer lefficacit des publicits et contenus personnaliss; et. For Higher Blend Implementation Activities related to transportation fueling stations/facilities, the HBIIP Online Application is comprised of the following elements: (a) SF 424, Application for Federal Assistance; (b) HBIIP Project Worksheet with Priority Scoring Criteria: Transportation Fueling Stations/Facilities; (c) SF 424C, Budget InformationConstruction Programs; (e) Signed Certification of Matching Funds; (f) Confirmation of Environmental Information to HBIIP inbox ( legal research should verify their results against an official edition of To subscribe to this RSS feed, copy and paste this URL into your RSS reader. Fuel dispensers/pumps, UST system components, and other required infrastructure and components must meet the minimum requirements of EPA's UST regulations and other Federal, State, and local regulations or codes; and, must be approved by either the manufacturer of the component or by a nationally recognized independent testing laboratory, such as Underwriters Laboratory, for use at a minimum for blends containing 25 percent ethanol or 100 percent biodiesel. 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. Reported data will be used for program and policy evaluation. and 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. (d) Each applicant must provide a valid UEI in its application, unless determined exempt under 2 CFR 25.110 ( To register in SAM, entities will be required to obtain a Unique Entity Identifier (UEI). Drinking age and road construction/repair are related. For the purposes of this grant, semiannual periods end on March 31st and September 30th. e.g., Instructions for completing this required element and a list of States that maintain a SPOC are available in the HBIIP online application. Performance Period: Congress can, and often does, use its spending power to incentivize states to adopt Congress's preferred policies or practices. National Environmental Policy Act. 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. 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. 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. No HBIIP grant funds may be used to pay for any incurred expense prior to the submission of a complete application. Jacobson is the "controlling" precedent, but it was decided during the eugenics era before Nazis made eugenics unfashionable so a modern SCOTUS could overturn or restrict it. The Western States of Alaska, Arkansas, Arizona, California, Colorado, Hawaii, Idaho, Iowa, Kansas, Louisiana, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming; and/or. (6) Federal Obligation Certification on Delinquent Debt. greater than 10 percent ethanol) and biodiesel (greater than 5 percent biodiesel). The use of a Web browser such as Chrome or its equivalent is highly encouraged. Appropriations Law | U.S. GAO Rural Business-Cooperative Service, USDA. Persons with disabilities that require alternative means for communication should contact the U.S. Department of Agriculture (USDA) Target Center at (202) 7202600 (voice); or the 711 Relay Service. Letters of Commitment on lender letterhead, electronic communication from a lender, or bank statements) must be submitted with the Certification of Matching Funds when the application is submitted. Written commitments for matching funds ( 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. Assisting rural communities recover economically through more and better market opportunities and through improved infrastructure; Ensuring all rural residents have equitable access to Rural Development (RD) programs and benefits from RD funded projects; and. On what basis could the US federal government codify Roe v. Wade? This E.O. Learn more here. Application instructions can be found at 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). Applicants are advised to contact RBCS to determine environmental requirements as soon as practicable to ensure adequate review time. @Fizz - "Recipients of federal financial assistance may also be required, as a condition , to perform certain actions." Until the ACFR grants it official status, the XML Applications must be submitted electronically using the HBIIP secure-server portal. 1352]. Grant Policies | GRANTS.GOV (b) A final project and financial status report, as required per 2 CFR 200.344, Closeout, within 120 days after the expiration or termination of the grant. Does Congress abuse its Spending Clause power by attaching conditions Eligible equipment includes but is not limited to the tank, piping, piping containment sumps, pumping equipment, including the submersible pump or suction pump, release detection equipment, spill equipment (spill buckets), overfill equipment, fuel dispensers/pumps, or other equipment related to the storage system. requires that Federal agencies provide opportunities for consultation on proposed assistance with State and local governments. 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. 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). informational resource until the Administrative Committee of the Federal (b) Assistance to employees, relatives, and associates. Since 2003, about $5 billion has been appropriated to state election offices through the EAC. 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. Each document posted on the site includes a link to the All complete applications will be competed/ranked in accordance with Section E.1., as specified above. The Certification of Matching Funds must be signed by the applicant. The memo asks that universities provide details on the source of funding for each program, initiative, training or campus organization. https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25/subpart-A/section-25.110). for better understanding how a document is structured but the Federal Register. 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. corresponding official PDF file on govinfo.gov. (c) Provide project outcome/performance reports and final deliverables. Specifically, to be constitutional, a federal funding condition must be all of the following: In pursuit of the general welfare. The Agency encourages applicants to consider projects that will advance the following key priorities (more details available at Compliance with Special Education Services How does the federal government work with states to ensure compliance with special education laws? 3. Start Printed Page 41877 These can be useful 2. Instructions and additional resources, including an Application Guide, are available at Higher Blends Infrastructure Incentive Program | Rural Development ( by the deadline. In order to be considered for funds under this notice, applications must be deemed complete and must be received by the secure portal located on the HBIIP web page at For example, recent administrations have directed agencies to identify rules that are obsolete or in need of revision. Assistance Listing Number: Owners and operators should check for these requirements with their implementing agency. While every effort has been made to ensure that 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 RBCS has determined that tanks would be required of any new fueling stations/locations/facility regardless of any commitment to market higher blends. Welcome to Politics Stack Exchange. (c) that agencies use to create their documents. Any project that creates a Conflict of Interest or an appearance of a Conflict of Interest which, for purposes of this program includes, but is not limited to: (a) Distribution or payment of a grant, guaranteed loan funds, and matching funds or award of project construction contracts to an individual owner, partner, or stockholder, or to a beneficiary or immediate family of the applicant when the recipient will retain any portion of ownership in the applicant's or borrower's project. How can a Governor enforce "Shelter in Place Orders" if cities or States' Attorneys refuse to enforce them? Dcouvrez comment nous utilisons vos donnes personnelles dans notre Politique de confidentialit et notre Politique relative aux cookies. Approximately 80 percent of fuel sales in the U.S. is sold by convenience store owners. the material on FederalRegister.gov is accurately displayed, consistent with 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. 12. The Awardee is encouraged to display USDA standard infrastructure investment signage, available for download from the Agency, during construction of the Project. Start Printed Page 41884. 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 complete application contains all information requested by RBCS and is sufficient to allow the determination of eligibility, score, rank, and compete the application for funding, subject to funds availability. 1503 & 1507. (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). Federal Financial Assistance and Civil Rights Requirements - CRS Reports 3. Nondiscrimination Statement. This document has been published in the Federal Register. I think they did this for the 55 MPH speed limit and "right turn on red", too. 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. 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. HBIIP@usda.gov) or Environmental Information; and. not cross the line from enticement to coercion, such that states have no real choice but to accept the funding and enact or administer a federal program. Each applicant will be required to have the necessary processes and systems in place to comply with the Federal Funding Accountability and Transparency Act of 2006 (Pub.
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