can congress condition federal funding on state compliance

Award Amounts: New construction. 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. This site displays a prototype of a Web 2.0 version of the daily By clicking Accept all cookies, you agree Stack Exchange can store cookies on your device and disclose information in accordance with our Cookie Policy. 5. participants, $90 million each calendar quarter commencing July 1, 2023. 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 ( Can one go to a postdoc second time to another mathematical field after receiving a tenure track position? Can the federal government withhold money from states that refuse to institute vaccine mandates? Address To Request Application Package, 2. Accordingly, the Agency will not take action on applications until 60 days have lapsed from notification to Congress. Guidance and resources for the application portal can be found at the website referenced above. 3. A priority score will be added to complete applications deemed eligible to compete. Since 2003, about $5 billion has been appropriated to state election offices through the EAC. L. 101-121 - PDF, October 23, 1989; and 31 U.S.C. Letter of Conditions, awarding an HBIIP grant to the applicant and specifying certain conditions and requirements of the grant award, 2. 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. 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). It was viewed 36 times while on Public Inspection. i.e., Rural Development Key Priorities: Expenditures for such signage shall be a permitted eligible cost of the Project. Funding of political or lobbying activities. Operators of Underground Storage Tanks, 40 CFR parts 280 and 281; 2. Applicants and their authorized/rightful users will be required to obtain a USDA eAuthentication and obtain access to the secure portal. (a.) How well informed are the Russian public about the recent Wagner mutiny? Whether an applicant had funding obligated through this program previously. Should I sand down the drywall or put more mud to even it out? A longstanding and related federal policy has been to ensure that recipients of federal . Applicants may apply for and will only receive funding associated with implementation activities for one or more transportation fueling facilities or one or more fuel distribution facilities. (833) 2561665 or (202) 6907442; or. The Help America Vote Act (HAVA) of 2002 established the Election Assistance Commission (EAC) to assist states with federal elections and distribute funds for states to replace outdated voting systems. Funds provided by the applicant in excess of matching funds are not matching funds. headings within the legal text of Federal Register documents. Federal Register. This is settle law. If the applicant agrees to lower the grant request, the applicant must certify that the purposes of the project will be met and provide the remaining total funds needed to complete the project. regulatory information on FederalRegister.gov with the objective of rev2023.6.28.43515. These programs may be included as part of any matching contribution requirement. https://www.rd.usda.gov/HBIIP), under the How to Apply tab. The application window will close at 4:30 p.m. Eastern time on the last day of each quarter. The Agency encourages applicants to consider projects that will advance the following key priorities (more details available at 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. You must show that a component is approved by either the manufacturer of the component or by a nationally recognized independent testing laboratory, such as Underwriters Laboratory, for use with the fuel to be stored. The completed AD3027 form or letter must be submitted to USDA by: (1) Additionally, owners or operators who store regulated substances that contain more than 20 percent biodiesel or more than 10 percent ethanol, such as 15 percent ethanol or E15, must notify their implementing agency 30 days before storing the fuel. 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. This feature is not available for this document. The number of awards will depend on the number of eligible participants and the total amount of requested funds. All applicants are responsible for expenses incurred in developing their applications. 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. establishing the XML-based Federal Register as an ACFR-sanctioned Can the federal government of the United States influence when ballot totals are announced? There must be a link between the assistance granted and the condition; thus Congress could not withhold unrelated funds as a condition. As per the Rural Development Key Priorities outlined in the Overview section of this notice along with the additional program goals provided below. HBIIP@usda.gov) or Environmental Information; and. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 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. Additionally, up to $4.5 million will be made available to home heating oil distribution facilities for eligible implementation activities related to higher blends of biodiesel greater than five percent, such as B20 or higher. 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. Transparency Act Reporting. (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. 1. on NARA's archives.gov. 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. What does the editor mean by 'removing unnecessary macros' in a math research paper? A Notice by the Rural Business-Cooperative Service on 06/28/2023. Form RD 19401, Request for Obligation of Funds; and, 5. Due to the competitive nature of this program, applications receiving the same priority score will be competed/ranked based on submittal date. Can the US states veto Congress legislation? interpreted this authority to include the power to place conditions on federal funding. My understanding is that Congress can use this digression IF the issue falls under their power to tax (enumerated powers). The grant period is not to exceed 36-months, unless otherwise specified in the Grant Agreement or agreed to by the Agency. 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. Any incurred expense, equipment purchase, or paid service prior to the date a complete application is submitted. Insufficient funds. 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) 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. requires that Federal agencies provide opportunities for consultation on proposed assistance with State and local governments. This particular executive order raises the prospect of withholding federal grant money from "sanctuary jurisdictions" 2 or state or . Find out about the annual appropriations law forum that GAO's Office of General Counsel hosts for federal lawyers. Applicants not selected for funding will be notified in writing and informed of any review and appeal rights. Administrative and National Policy Requirements, https://www.federalregister.gov/d/2023-13483, MODS: Government Publishing Office metadata, https://www.epa.gov/sites/production/files/2019-06/documents/compliance-advisory-ust-regs-06-2019.pdf, https://www.epa.gov/sites/default/files/2014-05/documents/bulk_storage_container_integrity-testing-factsheet.pdf, https://www.rd.usda.gov/programs-services/energy-programs/higher-blends-infrastructure-incentive-program#to-apply, https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25, https://sam.gov/content/entity-registration, https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25/subpart-A/section-25.110, https://www.rd.usda.gov/HBIIP#:~:text=What%20is%20the%20Higher%20Blends,derived%20from%20U.S.%20agricultural%20products, https://www.usda.gov/ocfo/federal-financial-assistance-policy/USDABuyAmericaWaiver, https://www.usda.gov/sites/default/files/documents/ad-3027.pdf. 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. better and aid in comparing the online edition to the print edition. Unless authorized by statute, other Federal grant funds cannot be used to meet a matching funds requirement. DATES Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. 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. (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 electronic version on GPOs govinfo.gov. 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. 5. Therefore, the Agency determined that while HBIIP grant funds may not be used for consumer education and/or marketing and/or signage, matching funds may be used to pay for consumer education and/or marketing and/or signage related expenses. The Agency expects Targeted Assistance to be exhausted by applicants owning 10 fueling stations/locations or fewer. Federal Depository Library Program member and GPO digital preservation partner. 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. Mandatory grants to state and local governments totaled $474 billion in federal fiscal year 2017. publication in the future. This table of contents is a navigational tool, processed from the How can this counterintiutive result with the Mahalanobis distance be explained? section of this notice. Higher Blends Infrastructure Incentive Program (HBIIP). Safety and Health Regulations for Construction Subpart FFire Protection and Prevention Section 152Flammable Liquids, 29 CFR 1926.152; and. The letter must contain the complainant's name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. Information on the $3 tax checkoff for the Presidential Election Campaign Fund that appears on IRS tax returns. Start Printed Page 41879 The power of the federal government to attach conditions to federal grants has received renewed attention due to a January 2017 executive order issued by President Trump that is intended to Grant Agreement. et seq., e.g., An application may request HBIIP assistance in a single application for more than one location that is owned and/or legally controlled by the applicant entity. Title 7 of GAO's Policy and Procedures Manual for Guidance of Federal Agenciesmanual is related to the development, installation, and operation of an agencys fiscal procedures in its financial management system. L. 117169). Moreover, about 54 percent of the stores selling fuel in the U.S. are single store owners. A significant majority of higher blends fuel is currently sold/dispensed by large retail convenience store chains located in the Midwest and along the East Coast of the U.S., due in part because these are the types of businesses and locations with the highest densities of higher blends fueling infrastructure. This . 3. 801 Read the current edition of the Principles of Federal Appropriations Law (Red Book), a multi-volume treatise concerning federal fiscal law. . Application instructions can be found at corresponding official PDF file on govinfo.gov. 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. 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. 10.754. 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. In two 1923 cases, Massachusetts v. afficher des publicits et des contenus personnaliss en fonction de vos profils de centres dintrt; mesurer lefficacit des publicits et contenus personnaliss; et. 158], requires that States prohibit persons under 21 years of age from purchasing or publicly possessing alcoholic beverages as a condition of receiving State highway funds. The Rural Business-Cooperative Service (RBCS or the Agency), a Rural Development agency of the United States Department of Agriculture (USDA), announces the availability of approximately $450 million, under section 22003 of the Inflation Reduction Act of 2022, in competitive grants to eligible entities for activities designed to expand the sales and use of renewable fuels under the Higher Blends Infrastructure Incentive Program (HBIIP). Owners and operators should check for these requirements with their implementing agency. section of this notice. 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. If an applicant does not have an exception under 2 CFR 170.110(b), the applicant must then ensure that it has the necessary processes and systems in place to comply with the reporting requirements to receive funding. (a) Annual throughput volume for past 3 years, for all fuels; (b) The incremental increase in throughput of higher blend fuel, as substantiated by: (i) Validated demanddemand projections/forecasts; (ii) Market driversthe underlying economic and technological forces that compel your customers to purchase your products and services; (iii) Documented incentivesknown national, regional, state, and local policy and market incentives available to the business; (iv) Project sustainabilityenvironmental, social, and economic reasons the business will thrive beyond HBIIP; (v) Investments on consumer education and marketing; and. The following additional items will need to be executed by grantees selected for this program in order to receive HBIIP funds: 1. What steps should I take when contacting another researcher after finding possible errors in their work? In the unlikely event that every successful applicant is awarded the maximum amount available of $5 million, approximately 20 awards will be made. Register documents. Storing and dispensing E15 at gas stations with equipment that is not compatible with higher blends of ethanol fuel can result in leaks and releases that contaminate land and groundwater. (c) Each applicant must ensure it completes the Financial Assistance General Certifications and Representations in SAM. Spill equipment, such as spill buckets, for the tank; and. https://www.rd.usda.gov/HBIIP#:~:text=What%20is%20the%20Higher%20Blends,derived%20from%20U.S.%20agricultural%20products developer tools pages. Yes, provided the money withheld is related to paying for vaccinations. (See, Relationship Between the Conditions and the Purpose of the Federal Funds, below.) If a GPS displays the correct time, can I trust the calculated position? According to many constitutional scholars, conditional federal spending is a violation of state sovereignty over matters reserved to the states. are not part of the published document itself. Register (ACFR) issues a regulation granting it official legal status. The Court has not provided further elaboration on the nature of this "relationship" requirement, other than by noting that grant conditions must "bear some relationship" to the underlying purposes of the funds "otherwise the spending power could render academic the Constitutions other grants and limits of federal authority." Is it a general principle that federal contractors have to follow the same rules as the U.S. Government? for better understanding how a document is structured but Any expense associated with reporting results and/or outcomes during the disbursement, performance, and servicing portions of this program. DATES In the event of suspect, overstated, or otherwise unsubstantiated claims, the Agency reserves the right to adjust an application's priority score accordingly. D. Application and Submission Information, 1. Program information may be made available in languages other than English. https://www.usda.gov/ocfo/federal-financial-assistance-policy/USDABuyAmericaWaiver. Specifically, to be constitutional, a federal funding condition must be all of the following: In pursuit of the general welfare. 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. (11) The perpetrator, Earl Shriner, cut off the boy's penis and left him to die. The OFR/GPO partnership is committed to presenting accurate and reliable 12988. The vast majority of this funding $391 billion, or 83 percent was for Medicaid and the Children's Health Insurance Program (CHIP). Spill Prevention, Control and Countermeasure Plan (SPCC) Program, 40 CFR part 112; 3. Other Federal Statutes. All complete applications will be competed/ranked in accordance with Section E.1., as specified above. Grant AgreementRD 42802 Rural Business-Cooperative Service Financial Assistance Agreement; 4. About the Federal Register 12988) This proposed rule does not unduly burden the judicial system and meets the applicable standards provided in sections 3 (a) and 3 (b) (2) of E.O. Stay informed as we add new reports & testimonies. Search our recently issued decisions on appropriations law. HBIIP grant funds awarded to transportation fueling stations are intended to assist with converting those facilities to ensure full compatibility with higher blend fuel through upgrade or installation of fuel dispensers, related equipment, and infrastructure. Each document posted on the site includes a link to the Grants. 804(2), because it will result in an annual effect on the economy of $100,000,000 or more. which can be obtained online at 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. (b) Dcouvrez comment nous utilisons vos donnes personnelles dans notre Politique de confidentialit et notre Politique relative aux cookies. (b) Assistance to employees, relatives, and associates. This funding opportunity will also be posted to Is a naval blockade considered a de jure or a de facto declaration of war? I think they did this for the 55 MPH speed limit and "right turn on red", too.

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