Notice2022-16694
Rural eConnectivity Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 4, 2022
Issuing agencies
Agriculture DepartmentRural Utilities Service
Abstract
The Rural Utilities Service, a Rural Development agency of the United States Department of Agriculture (USDA), hereinafter referred to as "RUS" or "the Agency" is issuing a Funding Opportunity Announcement (FOA) to announce that it is accepting applications for the second funding round in fiscal year 2022 (FY 22) for the Rural eConnectivity Program (the ReConnect Program) utilizing funding provided under the Infrastructure and Investment Jobs Act. In addition, this FOA defines requirements that are determined at the time a funding announcement is published, as outlined in the regulation.
Full Text
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<title>Federal Register, Volume 87 Issue 149 (Thursday, August 4, 2022)</title>
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[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47690-47696]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16694]
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DEPARTMENT OF AGRICULTURE
Rural Utilities Service
[Docket Number: RUS-22-Telecom-0010]
Rural eConnectivity Program
AGENCY: Rural Utilities Service, USDA.
ACTION: Funding Opportunity Announcement.
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SUMMARY: The Rural Utilities Service, a Rural Development agency of the
United States Department of Agriculture (USDA), hereinafter referred to
as ``RUS'' or ``the Agency'' is issuing a
[[Page 47691]]
Funding Opportunity Announcement (FOA) to announce that it is accepting
applications for the second funding round in fiscal year 2022 (FY 22)
for the Rural eConnectivity Program (the ReConnect Program) utilizing
funding provided under the Infrastructure and Investment Jobs Act. In
addition, this FOA defines requirements that are determined at the time
a funding announcement is published, as outlined in the regulation.
DATES: Beginning on September 6, 2022, applications can be submitted
through the RUS on-line application portal until 11:59 a.m. Eastern on
November 2, 2022. Applications will not be accepted after November 2,
2022 until a new application opportunity has been opened with the
publication of an additional FOA in the Federal Register.
ADDRESSES: Applications must be submitted electronically through the
RUS on-line application portal located at <a href="https://www.usda.gov/reconnect">https://www.usda.gov/reconnect</a>. This FOA will be made available on <a href="http://Grants.gov">Grants.gov</a>.
FOR FURTHER INFORMATION CONTACT: For general inquiries regarding the
ReConnect Program, contact Laurel Leverrier, Assistant Administrator,
Telecommunications Program, Rural Utilities Service, U.S. Department of
Agriculture (USDA), email <a href="/cdn-cgi/l/email-protection#f4989581869198da9891829186869d9186b481879095da939b82"><span class="__cf_email__" data-cfemail="573b362225323b793b32213225253e3225172224333679303821">[email protected]</span></a>, telephone: (202)
720-9554.
For inquiries regarding eligibility concerns, please contact the
ReConnect Program Staff at <a href="https://www.usda.gov/reconnect/contact-us">https://www.usda.gov/reconnect/contact-us</a>.
SUPPLEMENTARY INFORMATION:
Overview
Federal Agency: Rural Utilities Service.
Funding Opportunity Title: The Rural eConnectivity Program.
Announcement Type: Funding Opportunity Announcement.
Assistance Listing: 10.752.
Funding Opportunity Number (grants.gov): RUS-REC-2022-2
Dates: Beginning on September 6, 2022, applications can be
submitted through the RUS on-line application portal until 11:59 a.m.
Eastern on November 2, 2022. Applications will not be accepted after
November 2, 2022 until a new application opportunity has been opened
with the publication of an additional FOA in the Federal Register.
Administrative: The Agency encourages applicants to consider
projects that will advance the following key priorities:
<bullet> Assisting Rural communities recover economically from the
impacts of the COVID-19 pandemic, particularly disadvantaged
communities.
<bullet> Ensuring all rural residents have equitable access to
Rural Development programs and benefits from Rural Development funded
projects.
<bullet> Reducing climate pollution and increasing resilience to
the impacts of climate change through economic support to rural
communities.
In addition, the Agency would like to highlight the importance of
creating good-paying jobs with strong labor standards.
A. Program Description
1. Program purpose. The ReConnect Program provides loans, grants,
and loan/grant combinations to facilitate broadband deployment in rural
areas. In facilitating the expansion of broadband services and
infrastructure, the program will fuel long-term rural economic
development and opportunities in rural America.
2. Statutory authority. The ReConnect Program is authorized by the
Consolidated Appropriations Act, 2018 (Pub. L. 115-141), which directs
the pilot to be conducted under the Rural Electrification Act of 1936
(7 U.S.C. 901 et seq.). Since its establishment in 2018, the ReConnect
Program has been implemented by issuing three prior FOAs that detailed
the requirements for submitting an application. The ReConnect Program
has received successive appropriations by Congress and has matured due
to Agency experience and feedback provided by stakeholders. The
policies and procedures for the ReConnect Program are codified in a
final rule, 7 CFR part 1740, that was published in the Federal Register
on February 26, 2021 (86 FR 11603). Among other things, those rules
require that the applicant demonstrate that the project can be
completely built out within five years from the date funds are first
made available; the project is technically feasible; all project costs
can be fully funded or accounted for; facilities funded with grant
funds will provide the broadband service proposed in the application
for the composite economic life of the facilities, as approved by RUS,
or as provided in the Award Documents; and that facilities funded with
loan funds must provide broadband service through the amortization
period of the loan. Applicants should carefully review those rules in
conjunction with this FOA.
This FOA will use funds appropriated for ReConnect under the
Infrastructure Investment and Jobs Act (IIJA) (Pub. L. 117-58). Under
this FOA, loans, grants, and loan/grant combinations will be made for
the costs of construction, improvement, or acquisition of facilities
and equipment needed to facilitate broadband deployment in rural areas.
The IIJA provides that in administering the ReConnect Program, the
Secretary of Agriculture may, for purposes of determining entities
eligible to receive assistance, consider those communities which are
``Areas Rural in Character'', as defined in section 343(a)(13)(D) of
the Consolidated Farm and Rural Development Act. USDA is currently
developing the process that will be used to implement this option.
Under this FOA, the Secretary of Agriculture is encouraging
stakeholders to begin this process and accepting requests to designate
communities as rural in character.
3. Definition of terms. The definitions applicable to this FOA are
as follows:
i. Alaska Native Corporation means an Alaska Native Regional
Corporation or an Alaska Native Village Corporation pursuant to the
Alaska Native Claims Settlement Act, 43 U.S.C. 1602(g)(j).
ii. Local government means the administration of a particular town,
county, or district, with representatives elected by those who live
there.
iii. Persistent Poverty County is defined as any county with 20
percent or more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses, and the
2007-2011 American Community Survey 5-6 year average, or any territory
or possession of the United States.
iv. Remote areas means areas classified by the USDA Economic
Research Service as Frontier and Remote Area (FAR) Level 4. A
geographic information system (GIS) layer of FAR Level 4 areas can be
found at <a href="https://www.usda.gov/reconnect">https://www.usda.gov/reconnect</a>.
v. Socially Vulnerable Community means a community or area
identified in the Center for Disease Control's Social Vulnerability
Index with a score of .75 or higher. For the purposes of this FOA,
Puerto Rico, Guam, America Samoa, the Northern Mariana Islands, Palau,
the Marshall Islands, the Federated States of Micronesia, the U.S.
Virgin Islands, and Hawaiian Census Tribal areas are considered to be
Socially Vulnerable Communities. A GIS layer identifying the Socially
Vulnerable Communities can be found at <a href="https://www.usda.gov/reconnect">https://www.usda.gov/reconnect</a>.
vi. Sufficient access to broadband (7 CFR 1740.2) means any rural
area in which households have fixed, terrestrial broadband service
defined as 100 megabits per second (Mbps) downstream and 20 Mbps
upstream.
[[Page 47692]]
vii. System requirements (7 CFR 1740.3(a)(2)). Facilities proposed
to be constructed with award funds must be capable of delivering 100
Mbps symmetrical service to every premise in the Proposed Funded
Service Area (PFSA). Please note that capable of delivering 100 Mbps
symmetrical service to every premise means that all premises in the
PFSA must be able to receive this service at the same time.
viii. Tribal Government means the governing body of an Indian or
Alaska Native tribe, band, nation, pueblo, village, or community listed
pursuant to the Federally Recognized Indian Tribe List Act of 1994, 25
U.S.C. 5130.
ix. Tribal Land means any area identified by the United States
Department of Interior as tribal land over which a Tribal Government
exercises jurisdiction. A GIS layer of most Tribal Lands can be found
on the RUS mapping tool located at <a href="https://www.usda.gov/reconnect">https://www.usda.gov/reconnect</a>.
x. Other definitions related to the ReConnect Program are contained
in 7 CFR 1740.2.
B. Federal Award Information
1. Funding categories, interest rates and terms (7 CFR 1740.3(b)).
i. 100 Percent Loan. Applications will be processed and awarded on
a rolling basis. In the event two loan applications are received for
the same PFSA, the application submitted first will be considered
first. The interest rate for a 100 percent loan will be set at a fixed
2 percent. Principal and interest payments will be deferred for three
years. The amortization period will be based on the composite economic
life of the assets funded plus three years.
ii. 50 Percent Loan/50 Percent Grant Combination. The interest rate
for the 50 percent loan component will be set at the Treasury rate for
the remaining amortization period at the time of each advance of funds.
The latest Treasury rates that the ReConnect Program will be using can
be found under U.S. government securities, available at: <a href="https://www.federalreserve.gov/releases/h15/">https://www.federalreserve.gov/releases/h15/</a>. RUS also provides the latest
information on interest rates here: <a href="https://www.rd.usda.gov/page/rural-utilities-loan-interest-rates#BaseRates">https://www.rd.usda.gov/page/rural-utilities-loan-interest-rates#BaseRates</a>. Loans shall bear interest
equal to the cost of borrowing to the Department of Treasury for
obligations of comparable maturity. Principal and interest payments
will be deferred for three years. The amortization period will be based
on the composite economic life of the assets funded plus three years.
Applicants may propose substituting cash for the loan component at the
time of application and funds must be deposited into the applicant's
operating accounts at the closing of the award.
iii. 100 Percent Grant. Applicants must provide a matching
contribution equal to at least 25 percent of the cost of the overall
project. The applicant must clearly identify the source of the matching
funds even if it is to be provided from the applicant's operating
accounts. All matching funds must be deposited into the applicant's
operating accounts.
Given the cashflow pinches on many telecommunications providers
during the COVID pandemic, many previous awardees have requested
complying with the matching requirement over time, rather than
depositing all matching funds at once into the Pledged Deposit Account
(PDA). Because of these extraordinary circumstances, RUS has agreed to
modify the grant agreement to permit awardees to deposit the required
matching and other required funds into the PDA on a rolling basis. If
the matching funds are provided by a third party, a commitment letter
from the third party must be submitted indicating that the funds will
be available at the closing of the award if approved. The matching
contribution can be used only for eligible purposes. If the applicant
elects to initiate a loan to satisfy the matching requirement,
documentation must be included as part of the application indicating
the terms and conditions for the loan and that the grant funded assets
cannot be used as collateral for the matching funds loan. The loan must
be entered into and funds transferred into the applicant's accounts by
the closing of the award.
iv. 100 Percent Grant for Alaska Native Corporations, Tribal
Governments, Colonias, Persistent Poverty Areas and Socially Vulnerable
Communities.
For applications submitted under this funding category that meet
one of the following criteria, no matching funds will be required:
a. Alaska Native Corporations may submit an application to provide
service on land owned by the corporation, as defined in the Alaska
Native Claims Settlement Act. Applicants must submit documentation
supporting the incorporation.
b. Tribal Governments may submit an application to provide service
on Tribal Lands; lands held in trust by the United States for Native
Americans; lands subject to restrictions on alienation imposed by the
United States on Indian Lands; or land that they own, provide services
to, or administer. Applicants must submit documentation supporting land
ownership, services, or administration.
c. Projects where 75 percent of the applicant's PFSA(s) are located
in areas recognized as Colonia as of October 1, 1989. Colonias are
identified using the GIS layer (Colonia Areas) in the RUS mapping tool
located at <a href="https://reconnect.usda.gov">https://reconnect.usda.gov</a>.
d. Projects where 75 percent of the applicant's PFSA(s) is located
in persistent poverty counties, defined as any county with 20 percent
or more of its population living in poverty over the past 30 years, as
measured by the 1990 and 2000 decennial censuses, and the 2007-2011
American Community Survey 5-6 year average, or any territory or
possession of the United States.
e. Projects where 75 percent of the area of an applicant's PFSA(s)
consists of Socially Vulnerable Communities, as defined in section
A.3.iv of this FOA.
Colonias, persistent poverty counties, Socially Vulnerable
Communities, and most Tribal Lands are identified on the GIS layers
included in the RUS mapping tool located at <a href="http://reconnect.usda.gov">reconnect.usda.gov</a>.
v. Projects where 90 percent of households lack sufficient access
to broadband. Applications submitted under this funding category must
demonstrate that 90 percent of the households in each PFSA do not have
sufficient access to broadband as defined in this FOA. For applications
submitted under this funding category, no matching funds will be
required.
2. Maximum and minimum funding amounts (7 CFR 1740.3(b)).
i. 100 Percent Loan. Up to $150,000,000 is available for loans. The
maximum amount that can be requested in an application is $50,000,000.
ii. 50 Percent Loan--50 Percent Grant Combination. Up to
$150,000,000 is available for loans and up to $150,000,000 is available
for grants. The maximum amount that can be requested in an application
is $25,000,000 for the loan and $25,000,000 for the grant. Loan and
grant amounts will always be equal.
iii. 100 Percent Grant. Up to $150,000,000 is available for grants.
The maximum amount of grant funds that can be requested in an
application is $25,000,000. However, to encourage broadband deployment
in remote areas, if an applicant provides supporting information that
demonstrates that the PFSA(s) is comprised 100 percent of areas
classified by the USDA Economic Research Service as FAR Level 4, the
applicant may request up to $35,000,000. A GIS layer of FAR Level 4
areas can be found at <a href="https://www.usda.gov/reconnect">https://www.usda.gov/reconnect</a>.
iv. 100 Percent Grant for Alaska Native Corporations, Tribal
[[Page 47693]]
Governments, Colonias, Persistent Poverty Areas and Socially Vulnerable
Communities. Up to $350,000,000 is available for grants. The maximum
amount of grant funds that can be requested in an application is
$25,000,000. However, to encourage broadband deployment in remote
areas, if an applicant provides supporting information that
demonstrates that the PFSA(s) is comprised 100 percent of locations
within areas classified by the USDA Economic Research Service as FAR
Level 4, the applicant may request up to $35,000,000. A GIS layer of
FAR Level 4 areas can be found at <a href="https://www.usda.gov/reconnect">https://www.usda.gov/reconnect</a>.
v. Projects serving areas where 90% of households lack sufficient
access to broadband. Up to $200,000,000 is available for grants. The
maximum amount of grant funds that can be requested in an application
is $25,000,000. USDA reserves the right to offer funding to eligible
Round 3 applicants once all awards from the current round have been
made.
vi. Minimum amount. The minimum amount that can be requested in any
ReConnect Program application is $100,000.
vii. Repooling. For categories that do not receive applications
that request the full amount of allocated funds, excess funds may be
directed to another funding category at RUS's discretion, including but
not limited to eligible applications not funded in Round 3.
Additionally, if RUS does not make awards in the full amount allocated
to a category, RUS may, at its discretion, direct such excess funds to
another category or round of funding.
viii. Additional funding. RUS may at its discretion, increase the
total level of funding available in this funding round or in any
category in this funding round from any available source provided the
awards meet the requirements of the statute which made the funding
available to the agency.
C. Eligibility Information
1. Eligibility requirements. The eligibility requirements for the
ReConnect Program are published at 7 CFR part 1740, subpart B.
2. Eligible service areas. The following areas are eligible:
i. For a PFSA to be eligible for funding under this FOA, except for
funding category B.1.v, at least 50 percent of the households in the
PFSA must lack sufficient access to broadband as defined in this FOA.
Applicants must submit evidence that sufficient access to broadband
does not exist for 50 percent of the households in the PFSA, identify
all existing providers in the PFSA, and indicate what level of service
is being provided. If these areas are found to have sufficient service
beyond the threshold, the application may be rejected.
ii. Pursuant to the Consolidated Appropriations Act, 2021 (Pub. L.
116-260), the service areas of existing RUS borrowers without
sufficient access to broadband, as defined in this FOA, are eligible
for ReConnect funding.
iii. Areas receiving, or under consideration for other Federal
funds are eligible for ReConnect funding as long as an entity has not
received final approval to receive other Federal funding to construct
terrestrial facilities providing at least 100/20 Mbps service in the
proposed funded service areas as of September 6, 2022. With respect to
RDOF, final approval for this FOA means an RDOF awardee's long-form
application has received final approval as ready-to-authorize or has
been authorized to begin receiving support. Applicants submitting a
project to serve an area in which an entity has already received final
approval for other Federal funding must explain in the application why
ReConnect funding is being requested and why RUS should provide
additional funding, as funds must not be used for duplicative purposes.
Awardees that receive both other Federal funds and ReConnect funding
must submit a statement certifying that the funds requested from
ReConnect have not and will not be reimbursed by another Federal award
nor used to reimburse another Federal award, and that the Awardee will
keep separate accounts for each source of funding to track the uses of
the funding to support the certification statement submitted with the
ReConnect application. RUS can consider adjusting the service area or
award amount of a project selected for ReConnect funding if in the
course of evaluating an application, the Agency learns that the service
area or a portion of it is already sufficiently served or has received
final approval for Federal funding to construct facilities that will
provide sufficient access to broadband as defined under this FOA.
3. Tribal Government Resolution of Consent. Pursuant to 7 CFR
1740.60(d)(19), a certification from the appropriate tribal official is
required if service is being proposed over or on Tribal Lands. The
appropriate certification is a Tribal Government Resolution of Consent.
The appropriate tribal official is the Tribal Council of the Tribal
Government with jurisdiction over the Tribal Lands at issue. Any
applicant that fails to provide a certification to provide service on
the Tribal Lands identified in the PFSA will not be considered for
funding.
4. Pre-application and environmental review expenses. The costs
associated with satisfying the environmental review requirements are
also eligible for reimbursement as pre-application expenses. Up to
three percent of the requested award funds can be used for this
purpose. Please note that any environmental expenses will count as part
of the overall five percent that is allowable for pre-application
expenses.
In addition, up to three percent of the requested amount can be
used to fund post-award monitoring expenses that are required to
mitigate any environmental requirements as long as they are capitalized
as part of the project. This cost must be specified in the Professional
Services section of Capital Investment Workbook included as part of the
application system.
Pre-application expenses that were incurred under the previous
round of ReConnect, but benefit an application for this round, may be
funded up to the five percent of the total award in this round.
5. Pole attachment. Pole attachment fees associated with the
construction funded under this FOA are eligible for funding throughout
the five-year construction period. In addition, if the pole owner
requires that a pole needs to be replaced to support the broadband
facilities, the cost of the pole replacement is also an eligible
expense.
6. Advance of funds. For this FOA, the advance of funds for a 50/50
loan grant combination will be as follows: (a) funds substituted for
the loan component will be advanced first, (b) loan funds will be
advanced second and (c) grant funds will be advanced third. The advance
of funds for 100 percent grants that require a matching component will
be prorated against the amount of matching funds that are required and
the amount of the grant funds approved.
7. Community Project Funding/Congressionally Directed Spending. The
Consolidated Appropriations Act, 2022 (Pub. L. 117-103), included
funding in the ReConnect Program for nineteen specific broadband
projects. The proposed service areas for these projects are not
eligible for funding under this FOA. A GIS layer of the proposed
service areas for these nineteen projects are located in the ReConnect
Mapping Tool and can be viewed at <a href="https://www.usda.gov/reconnect">https://www.usda.gov/reconnect</a>.
8. Cybersecurity risk management. It is the policy of the United
States to strengthen the security and resilience of its critical
infrastructure against both physical and cyber threats. Applicants
[[Page 47694]]
selected for Federal funding under this notice must demonstrate, prior
to the signing of the award agreement, effort to consider and address
cybersecurity risks consistent with the cybersecurity performance goals
for critical infrastructure and control systems directed by the
National Security Presidential Memorandum on Improving Cybersecurity
for Critical Infrastructure Control Systems, or the current draft of
these goals, found at <a href="https://www.cisa.gov/control-systems-goals-and-objectives">https://www.cisa.gov/control-systems-goals-and-objectives</a>.
9. Audit requirements. Non-Federal entities are subject to 2 CFR
part 200, and therefore are only required to submit a single audit in
compliance with 2 CFR part 200.
10. Affordable Connectivity Program. To ensure that all Americans
can access reliable, high-speed internet, this vital service must also
be affordable. The Affordable Connectivity Program (ACP), established
by the IIJA, is a benefit program that helps households afford the
broadband service they need for work, school, healthcare, civic
engagement, and economic opportunity. To make the ACP benefit available
to eligible households, internet providers also need to participate in
the program. Therefore, to ensure that rural households can take
advantage of the ACP benefit, applicants selected for Federal funding
under this notice will be required to apply to participate in the ACP
before award funds are disbursed.
D. Application and Submission Information
1. All requirements for submission of an application under the
ReConnect Program are subject to 7 CFR part 1740.
2. Applications must be submitted through the Agency's online
application system located on the ReConnect web page, <a href="https://www.usda.gov/reconnect">https://www.usda.gov/reconnect</a>. All materials required for completing an
application are included in the online system. Please note there are a
number of supporting documents that will need to be uploaded through
the application system.
3. Applicants can submit only one application. Applicants may start
multiple applications in the system but only one can be submitted.
E. Application Review Information
1. Evaluation. All applications are subject to the submission and
evaluation requirements contained in 7 CFR part 1740, subpart E.
2. Scoring. Applications that have a grant component will be scored
based on the following criteria:
i. Rurality of PFSA (25 Points). Points will be awarded for serving
the least dense rural areas as measured by the population of the PFSA
per square mile or if the PFSA is located at least one hundred miles
from a city or town that has a population of greater than 50,000
inhabitants. If multiple service areas are proposed, the density
calculation will be made on the combined areas as if they were a single
area and not the average densities. For population densities of 6 or
less or if the PFSA is located one hundred miles from a city or town of
50,000, 25 points will be awarded.
ii. Level of existing service (25 Points). Projects that are
proposing to build in areas where at least 50 percent of the households
in each proposed service area are not receiving service of at least 25
Mbps downstream and 3 Mbps upstream will receive 25 points. Applicants
must provide supporting evidence that 25/3 service does not exist for
those households. To the extent possible, applicants must identify all
existing providers in the PFSA and indicate what level of service is
actually being provided.
iii. Economic need of the community (20 Points). Economic need is
based on the county poverty percentage of the PFSA in the application.
The percentages must be determined by utilizing the United States
Census Small Area Income and Poverty Estimates (SAIPE) Program. For
applications where 75 percent of the PFSA(s) are proposing to serve
communities with a SAIPE score of 20 percent or higher, 20 points will
be awarded. Proposed funded service areas located in geographic areas
for which no SAIPE data exist will be determined to have an average
SAIPE poverty percentage of 30 percent. Such geographic areas may
include territories of the United States or other locations eligible
for funding through the ReConnect Program. A GIS layer identifying
SAIPE areas can be found in the RUS mapping tool located at <a href="https://reconnect.usda.gov">https://reconnect.usda.gov</a>.
iv. Affordability (20 Points). Applications can receive 20 points
if, in their service offerings, they include at least one low-cost
option offered at speeds that are sufficient for a household with
multiple users to simultaneously telework and engage in remote
learning.
v. Labor Standards (20 points). It is important that necessary
investments in broadband infrastructure be carried out in ways that
produce high-quality infrastructure, avert disruptive and costly
delays, and promote efficiency. The Agency understands the importance
of promoting workforce development and encourages recipients to ensure
that broadband projects use strong labor standards, consistent with
Tribal laws when projects propose to build infrastructure on Tribal
Lands. Using these practices in construction projects not only promotes
effective and efficient delivery of high-quality infrastructure and
supports the economic recovery through employment opportunities for
workers, but may also help to ensure a reliable supply of skilled labor
that would minimize disruptions, such as those associated with labor
disputes or workplace injuries.
Applicants should include in their applications a description of
whether and, if so, how the project will incorporate three categories
of strong labor standards and protections:
a. Strong labor standards: whether workers (including employees of
contractors and subcontractors) will be paid wages at or above the
prevailing rate; \1\ whether the project will be covered by a project
labor agreement; and/or whether the project will use a unionized
project workforce;
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\1\ This means that all laborers and mechanics employed by
contractors and subcontractors in the performance of such project
are paid wages at rates not less than those prevailing, as
determined by the U.S. Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code
(commonly known as the ``Davis-Bacon Act'') or, for the
corresponding classes of laborers and mechanics employed on projects
of a character similar to the contract work in the civil subdivision
of the State (or the District of Columbia) in which the work is to
be performed, or by the appropriate state entity pursuant to a
corollary state prevailing-wage-in-construction law (commonly known
as ``baby Davis-Bacon Acts'').
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b. Demonstrated compliance with and plans for future compliance
with labor and employment laws: whether the applicant, has any
violations of tribal, state or federal labor, workplace safety and
health, or employment laws within the last five years; and/or whether
the applicant, its contractors, or subcontractors will commit to union
neutrality; and/or whether the applicant, its contractors, or
subcontractors will commit to permitting workers to create worker-led
health and safety committees that management will meet with upon
reasonable request; and
c. A plan to recruit and support an appropriately skilled, trained
and credentialed workforce (including by contractors and
subcontractors): whether work will be performed by a directly employed
workforce or whether the employer has policies and practices in place
to ensure employees of contractors and subcontractors are qualified;
how the applicant will ensure use of an appropriately skilled workforce
(e.g., through Registered Apprenticeships or other joint labor-
management training programs that
[[Page 47695]]
serve all workers, particularly those underrepresented or historically
excluded); how the applicant will ensure use of an appropriately
credentialed workforce (i.e., satisfying requirements for appropriate
and relevant pre-existing occupational training, certification, and
licensure); and/or whether a locally-based workforce will be used. In
addition, the plan should include whether there are any partnerships
with training providers, unions, or community colleges to support the
recruitment and training of the workforce.
For applicants that commit to strong labor standards, consistent
with Tribal Laws when the project proposes to build infrastructure on
Tribal Lands, 20 points will be awarded. An applicant requesting these
points must incorporate components from each of the three categories
above. Projects that propose to build infrastructure on Tribal Lands
must follow Tribal laws such as Tribal Employment Rights Ordinances to
be in compliance with a ReConnect award, regardless of receiving points
under this standard. The Agency reserves the right to adjust award
amounts for unforeseen circumstances.
vi. Tribal areas (15 Points). For applicants that are Tribal
governments and Tribal government wholly-owned entities and, at least,
75 percent of the geographical area of the PFSA(s) is on Tribal lands,
15 points shall be awarded. For non-Tribal governmental entities where
at least 50 percent of the geographical area of the PFSA(s) is on
Tribal Lands, 10 points shall be awarded. Tribal Lands will be analyzed
using the GIS layers (Tribal Area (BIA LAR); Tribal Supplemental Area
(BIA LAR); and Tribal Statistical Area (BIA)) in the RUS mapping tool
located at <a href="https://reconnect.usda.gov">https://reconnect.usda.gov</a>. For applicants that are ANCs or
Alaska Native Tribal Governments where at least 50 percent of the
geographical area of the PFSA(s) is on Census Tribal areas in Alaska,
15 points shall be awarded. For non-ANC or non-Alaska Native Tribal
Government entities where at least 50 percent of the geographical area
of the PFSA(s) is on Census Tribal areas in Alaska, 10 points shall be
awarded. Census Tribal areas in Alaska will be analyzed using the GIS
layer (Alaska Census Tribal Areas) layer in the RUS mapping tools
located at <a href="https://reconnect.usda.gov">https://reconnect.usda.gov</a>.
vii. Local governments, non-profits and cooperatives (15 points).
Applications submitted by local governments, non-profits or
cooperatives (including for projects involving public-private
partnerships where the local government, non-profit, or cooperative is
the applicant) will be awarded 15 points.
viii. Socially Vulnerable Communities (15 points). For applications
where at least 75 percent of the PFSA(s) are proposing to serve
Socially Vulnerable Communities, as defined in this FOA, 15 points will
be awarded.
ix. Net neutrality (10 points). For applicants that commit to net
neutrality principles, 10 points will be awarded. A board resolution or
its equivalent must be submitted in the application committing that the
applicant's networks shall not (a) block lawful content, applications,
services, or non-harmful devices, subject to reasonable network
management; (b) impair or degrade lawful internet traffic on the basis
of internet content, application, or service, or use of a non-harmful
device, subject to reasonable network management; and (c) engage in
paid prioritization, meaning the management of a broadband provider's
network to directly or indirectly favor some traffic over other
traffic, including through use of techniques such as traffic shaping,
prioritization, resource reservation, or other forms of preferential
traffic management, either (1) in exchange for consideration (monetary
or otherwise) from a third party, or (2) to benefit an affiliated
entity.
x. Wholesale broadband services (10 points). Companies that propose
to buy market access, bandwidth, functionality and servicing on a
wholesale basis with the intent of reselling their purchased
``capacity'' on the retail market to businesses and consumers, with
terms that are reasonable and nondiscriminatory, will receive 10
points.
F. Federal Award Administration Information
1. Closing, servicing and reporting. All applications are subject
to the requirements contained in 7 CFR part 1740, subpart F.
2. Compliance with applicable law. Use of funds for this program
shall comply with requirements outlined in the Secure and Trusted
Communications Networks Act of 2019 (Pub. L. 116-124). Listed equipment
and services covered by Section 2 of The Secure and Trusted
Communications Networks Act are prohibited. See <a href="https://www.fcc.gov/supplychain/coveredlist">https://www.fcc.gov/supplychain/coveredlist</a> for details.
3. Other requirements. All applications are subject to the
additional requirements contained in 7 CFR part 1740, subpart G.
4. Ineligible costs. A recipient may not use grant or loan funds,
whether directly or indirectly as an offset for other funds, to support
or oppose union organizing.
G. Federal Awarding Agency Contacts
Any questions should be addressed to the contact information
located in the FOR FURTHER INFORMATION CONTACT section of this FOA.
H. Build America, Buy America
1. Funding to non-Federal entities. Funding to 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 (BABA) within the IIJA.
2. Funding to entities that are not non-Federal entities. Funding
to any entity that is not a non-Federal entity shall be governed by the
Agency's Buy American requirement at 7 CFR part 1787.
I. Other Information
1. Paperwork Reduction Act. In accordance with the Paperwork
Reduction Act of 1995, the information collection requirements
associated with the ReConnect Program, as covered in this FOA, have
been approved by the Office of Management and Budget (OMB) under OMB
Control Number 0572-0152. This funding announcement does not create any
new information collection requirements nor does it change existing
information collection requirements.
2. Congressional Review Act. 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. 801 et seq., the Office of
Information and Regulatory Affairs in the Office of Management and
Budget designated this action as a major rule as defined by 5 U.S.C.
804(2), because it is likely to result in an annual effect on the
economy of $100,000,000 or more. Accordingly, there is a 60-day delay
in the effective date of this action. Application selection will not
begin until after October 3, 2022. Therefore, the 60-day delay required
by the CRA is not expected to have a material impact upon the
administration and/or implementation of the ReConnect Program.
3. USDA Non-Discrimination Statement. In accordance with Federal
civil rights law 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
[[Page 47696]]
discriminating based on race, color, national origin, religion, sex,
gender identity (including gender expression), sexual orientation,
disability, age, marital status, familial 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). Remedies and complaint filing deadlines vary by
program or incident.
Program Information may be made available in languages other than
English. Persons with disabilities who require alternative means of
communication to obtain program information (e.g., Braille, large
print, audiotape, American Sign Language, etc.) should contact the
responsible Mission Area, Agency, or staff office; the USDA TARGET
Center at 202-720-2600 (voice and TTY); or the Federal Relay Service at
(800) 877-8339.
To file a program discrimination complaint, a complainant should
complete a Form AD-3027, USDA Program Discrimination Complaint Form,
which can be obtained online at <a href="https://www.usda.gov/sites/default/files/documents/usda-program-discrimination-complaint-form.pdf">https://www.usda.gov/sites/default/files/documents/usda-program-discrimination-complaint-form.pdf</a>, from
any USDA office, by calling (866) 632-9992, or by writing a letter
addressed to USDA. 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 about the nature and date of an alleged
civil rights violation. The completed AD-3027 form or letter must be
submitted to USDA by:
(1) Mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
20250-9410; or
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: <a href="/cdn-cgi/l/email-protection#38484a575f4a59551651564c59535d784d4b5c59165f574e"><span class="__cf_email__" data-cfemail="dbaba9b4bca9bab6f5b2b5afbab0be9baea8bfbaf5bcb4ad">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Christopher A. McLean,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2022-16694 Filed 8-1-22; 11:15 am]
BILLING CODE 3410-15-P
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</html>Indexed from Federal Register on August 4, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.