Notice2022-18773
Notice of Solicitation of Applications for Inviting Applications for the Rural Economic Development Loan and Grant Programs for Fiscal Year 2023
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 31, 2022
Issuing agencies
Agriculture DepartmentRural Business-Cooperative Service
Abstract
The Rural Business-Cooperative Service (Agency), an agency of the United States Department of Agriculture (USDA) invites applications for loans and grants under the Rural Economic Development Loan and Grant Programs (REDLG or Programs) for fiscal year (FY) 2023, subject to the availability of funding. This notice is being issued prior to the passage of a FY 23 Appropriations Act, which may or may not provide funding for this program, to allow applicants sufficient time to leverage financing, prepare and submit their applications, and give the Agency time to process applications within FY 2023. Successful applications will be selected by the Agency for funding and subsequently awarded to the extent that funding may ultimately be made available through appropriations. An announcement on the Agency website at https://www.rd.usda.gov/newsroom/federal-funding-opportunities will identify the amount received in the FY 23 appropriations.
Full Text
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<title>Federal Register, Volume 87 Issue 168 (Wednesday, August 31, 2022)</title>
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[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Notices]
[Pages 53443-53448]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18773]
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DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
[Docket #: RBS-22-BUSINESS-0015]
Notice of Solicitation of Applications for Inviting Applications
for the Rural Economic Development Loan and Grant Programs for Fiscal
Year 2023
AGENCY: Rural Business-Cooperative Service, Department of Agriculture.
ACTION: Notice.
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SUMMARY: The Rural Business-Cooperative Service (Agency), an agency of
the United States Department of Agriculture (USDA) invites applications
for loans and grants under the Rural Economic Development Loan and
Grant Programs (REDLG or Programs) for fiscal year (FY) 2023, subject
to the availability of funding. This notice is being issued prior to
the passage of a FY 23 Appropriations Act, which may or may not provide
funding for this program, to allow applicants sufficient time to
leverage financing, prepare and submit their applications, and give the
Agency time to process applications within FY 2023. Successful
applications will be selected by the Agency for funding and
subsequently awarded to the extent that funding may ultimately be made
available through appropriations. An announcement on the Agency website
at <a href="https://www.rd.usda.gov/newsroom/federal-funding-opportunities">https://www.rd.usda.gov/newsroom/federal-funding-opportunities</a> will
identify the amount received in the FY 23 appropriations.
DATES: The deadlines for completed applications to be received in the
USDA Rural Development (RD) State Office for quarterly funding
competitions are no later than 4:30 p.m. (local time) on: First
Quarter, September 30, 2022; Second Quarter, December 31, 2022; Third
Quarter, March 31, 2023 and Fourth Quarter, June 30, 2023.
The application dates and times are firm. The Agency will not
consider any application received after the deadline for funding
competition in that fiscal quarter.
Applicants intending to mail applications must allow sufficient
time to permit delivery on or before the closing deadline date and
time. Acceptance by the United States Postal Service or private mailer
does not constitute delivery.
[[Page 53444]]
Facsimile (FAX) or postage due applications will not be accepted.
ADDRESSES: Applications must be submitted to the USDA RD State Office
for the state where the project is located. Applications may be
submitted in paper or electronic format to the appropriate RD State
Office and must be received by 4:30 p.m. local time on the deadline
date(s). Applicants are encouraged to contact their respective State
Office for an email contact to submit an electronic application prior
to the submission deadline date(s). A list of the USDA RD State Office
contacts can be found at: <a href="https://www.rd.usda.gov/contact-us/state-offices">https://www.rd.usda.gov/contact-us/state-offices</a>. This notice will also be announced at: <a href="https://grants.gov">https://grants.gov</a>.
FOR FURTHER INFORMATION CONTACT: Cindy Mason at <a href="/cdn-cgi/l/email-protection#2a4943444e5304474b5945446a5f594e4b044d455c"><span class="__cf_email__" data-cfemail="e3808a8d879acd8e82908c8da396908782cd848c95">[email protected]</span></a>,
Program Management Division, Business Programs, Rural Business-
Cooperative Service, U.S. Department of Agriculture, 1400 Independence
Avenue SW, Stop 3226, Room 5160-South, Washington, DC 20250-3226, or
call (202) 720-1400. For further information on this notice, please
contact the USDA Rural Development State Office in the state which the
applicant's headquarters is located. A list of RD State Office contacts
is provided at the following link: <a href="https://www.rd.usda.gov/contact-us/state-offices">https://www.rd.usda.gov/contact-us/state-offices</a>.
SUPPLEMENTARY INFORMATION:
Overview
Federal Agency Name: Rural Business-Cooperative Service.
Funding Opportunity Type: Rural Economic Development Loans and
Grants.
Announcement Type: Initial Solicitation Announcement.
Assistance ListingNumber: 10.854.
Funding Opportunity Number: RD-RBCS-23-REDLG.
Dates: The deadlines for complete applications to be received in
the USDA RD State Office for quarterly funding competitions are no
later than 4:30 p.m. (local time) on: First Quarter, September 30,
2022; Second Quarter, December 31, 2022; Third Quarter, March 31, 2023
and Fourth Quarter, June 30, 2023.
Administrative:
(i) The Agency encourages applicants to consider projects that will
advance the key priorities below:
<bullet> Assisting rural communities to recover economically
through more and better market opportunities and through improved
infrastructure.
<bullet> Ensuring all rural residents have equitable access to RD
programs and benefits from RD funded projects.
<bullet> Reducing climate pollution and increasing resilience to
the impacts of climate change through economic support to rural
communities.
(ii) The Agency advises all interested parties that the applicant
bears the burden in preparing and submitting an application in response
to this notice whether or not funding is appropriated for these
programs in FY 2023.
(iii) If the proposal involves new construction; large increases in
employment; hazardous waste; a change in use, size, capacity, purpose,
or location from an original facility; or is publicly controversial,
the following is required: environmental documentation in accordance
with 7 CFR part 1970; financial and statistical information; and
written project description.
(iv) The Further Consolidated Appropriations Act, 2022, SEC. 736
designates funding for projects in persistent poverty counties.
Persistent poverty counties as defined in SEC. 736 is ``any county that
has had 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
2007-2011 American Community Survey 5-year average, or any territory or
possession of the United States''. Another provision in SEC. 736
expands the eligible population in persistent poverty counties to
include any county seat of such a persistent poverty county that has a
population that does not exceed the authorized population limit by more
than 10 percent. This provision expands the current 50,000 population
limit to 55,000 for only county seats located in persistent poverty
counties. Therefore, applicants and/or beneficiaries of technical
assistance services located in persistent poverty county seats with
populations up to 55,000 (per the 2010 Census) are eligible.
A. Program Description
(1) Purpose of the Program. The Rural Economic Development Loan
(REDL) and Grant (REDG) Programs (REDLG or Program(s)) provide
financing to eligible Rural Utilities Service (RUS) electric or
telecommunications borrowers (Intermediaries) to promote rural economic
development and job creation projects. Assistance provided to rural and
Tribal areas, as defined, under this program may include business
startup costs, business expansion, business incubators, technical
assistance feasibility studies, advanced telecommunications services
and computer networks for medical, educational, and job training
services, and Community Facilities, as defined at 7 CFR 4280.3,
projects for economic development.
(2) Statutory Authority. These Programs are authorized under 7
U.S.C. 940c-2 and 7 CFR part 4280, subpart A.
(3) Definition of Terms. The definitions applicable to this notice
are published at 7 CFR 4280.3.
(4) Application of Awards. The Agency will review, evaluate, and
score applications received in response to this notice based on the
provisions found in 7 CFR part 4280, subpart A, and as indicated in
this notice.
B. Federal Award Information
Type of Awards: Loans and Grants.
Fiscal Year Funds: FY 2023.
Available Funds: Anyone interested in submitting an application for
funding under these Programs are encouraged to consult the RD Notices
of Solicitation of Applications website at <a href="https://www.rd.usda.gov/newsroom/federal-funding-opportunities">https://www.rd.usda.gov/newsroom/federal-funding-opportunities</a>.
Maximum Award: The Agency anticipates the following maximum amounts
per award: Loans--$2,000,000; Grants--$300,000.
Anticipated Award Dates: First Quarter, November 30, 2022; Second
Quarter, February 28, 2023; Third Quarter, May 31, 2023; and Fourth
Quarter, August 31, 2023.
Performance Period: December 1, 2022, through September 30, 2024.
Renewal or Supplemental Awards: None.
C. Eligibility Information
(1) Eligible Applicants. Loans and grants may be made to any entity
that is identified by USDA RD as an eligible borrower under the Rural
Electrification Act of 1936, as amended (Act). In accordance with 7 CFR
4280.13, applicants that are not delinquent on any Federal debt or not
otherwise disqualified from participation in these Programs are
eligible to apply. An applicant must be eligible under 7 U.S.C. 940c.
Notwithstanding any other provision of law, any former RUS borrower
that has repaid or prepaid an insured, direct, or guaranteed loan under
the Act, or any not-for-profit utility that is eligible to receive an
insured or direct loan under such Act shall be eligible for assistance
under section 313(b)(2)(B) of such Act in the same manner as a borrower
under such Act. All other restrictions in this notice will apply.
(2) Cost Sharing or Matching. For loans, either the ultimate
recipient or the intermediary must provide supplemental funds for the
project equal to at least 20 percent of the loan to the intermediary.
For grants, the intermediary must establish a revolving loan fund and
contribute an amount
[[Page 53445]]
equal to at least 20 percent of the grant. The supplemental
contribution must come from the intermediary's funds which may not be
from other Federal grants, unless permitted by law.
(3) Other.
(i) There are no ``responsiveness'' or ``threshold'' eligibility
criteria for these loans and grants. There is no limit on the number of
applications an applicant may submit under this announcement.
(ii) None of the funds made available by this or any other Act may
be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to any corporation that:
(a) Has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted
or have lapsed, and that is not being paid in a timely manner pursuant
to an agreement with the authority responsible for collecting the tax
liability, where the awarding agency is aware of the unpaid tax
liability, unless a Federal agency has considered suspension or
debarment of the corporation and has made a determination that this
further action is not necessary to protect the interests of the
Government.
(b) Was convicted of a felony criminal violation under any Federal
law within the preceding 24 months, where the awarding agency is aware
of the conviction, unless a Federal agency has considered suspension or
debarment of the corporation and has made a determination that this
further action is not necessary to protect the interests of the
Government.
(4) Completeness Eligibility. Applications will not be considered
for funding if they do not provide sufficient information to determine
eligibility or are missing required elements.
D. Application and Submission Information
(1) Address to Request Application Package. For further
information, entities wishing to apply for assistance should contact
the USDA RD State Office provided in the ADDRESSES section of this
notice to obtain copies of the application package.
Prior to official submission of grant applications, applicants may
request technical assistance or other application guidance from the
Agency, as long as such requests are made at least 15 days prior to
each quarter submission date. Technical assistance is not meant to be
an analysis or assessment of the quality of the materials submitted, a
substitute for agency review of completed applications, nor a
determination of eligibility, if such determination requires in-depth
analysis. The Agency will not solicit or consider scoring or
eligibility information that is submitted after the application
deadline. The Agency reserves the right to contact applicants to seek
clarification information on materials contained in the submitted
application.
Applications may be submitted in paper or electronic format to the
appropriate RD State Office and must be received by 4:30 p.m. local
time on the deadline date(s) to compete for available funds in that
quarter. Applicants are encouraged to contact their respective State
Office for an email contact to submit an electronic application prior
to the submission deadline date(s). Applications may be submitted to a
RD State Office at any time but must be received by 4:30 p.m. local
time on deadline(s) to compete for the available funds in that fiscal
quarter.
(2) Content and Form of Application Submission. An application must
contain all of the required elements. Each selection priority criterion
outlined in 7 CFR 4280.42(b) must be addressed in the application.
Failure to address any of the criterion will result in a zero-point
score for that criterion and will impact the overall evaluation of the
application. Copies of 7 CFR part 4280, subpart A, will be provided to
any interested applicant making a request to a RD State Office. An
original copy of the application package must be filed with the RD
State Office for the State where the intermediary is located.
(i) A complete application must include, but is not limited to, the
following:
(a) An original and one copy of Form SF 424, ``Application for
Federal Assistance (for non-construction)'';
(b) Copies of applicant's organizational documents showing the
applicant's legal existence and authority to perform the activities
under the Programs;
(c) A resolution of the Board of Directors;
(d) SF-LLL, ``Restrictions on Lobbying'';
(e) RD Form 400-1, ``Equal Opportunity Agreement'' (if
construction);
(f) Evidence of compliance with the Earthquake Hazards Reduction
Act of 1977, as amended (42 U.S.C. 7701 et seq.), ``Seismic Safety of
Federal and Federally Assisted or Regulated New Building
Construction'';
(g) Documentation required in accordance with 7 CFR part 1970,
``Environmental Policies and Procedures'';
(h) A proposed scope of work, including a description of the
proposed project, details of the proposed activities to be accomplished
and timeframes for completion of each task, the number of months
duration of the project, and the estimated time it will take from
approval to beginning of project implementation;
(i) A written narrative that includes, at a minimum, the following
items:
(1) An explanation of why the project is needed, the benefits of
the proposed project, and how the project meets the grant eligible
purposes, if applicable;
(2) Area to be served, identifying each governmental unit, i.e.,
tribe, town, county, etc., to be affected by the project;
(3) Description of how the project will coordinate economic
development activities with other economic development activities
within the project area;
(4) Businesses to be assisted, if appropriate, and economic
development to be accomplished;
(5) An explanation of how the proposed project will result in newly
created, increased, or supported jobs in the area and the number of
projected new and supported jobs within the next 3 years;
(6) A description of the applicant's demonstrated capability and
experience in providing the proposed project assistance, including
experience of key staff members and persons who will be providing the
proposed project activities and managing the project;
(7) The method and rationale used to select the areas and
businesses that will receive the service;
(8) A brief description of how the work will be performed,
including whether organizational staff or consultants or contractors
will be used; and
(9) Other information the Agency may request to assist it in making
an award determination.
(j) The last 3 years of financial information to show the
applicant's financial capacity to carry out the proposed work. If the
applicant is less than 3 years old, at a minimum, the information
should include all balance sheet(s), income statement(s), and cash flow
statement(s). A current audited report is required, if available;
(k) Documentation regarding the availability and amount of other
funds to be used in conjunction with the funds from REDLG; and
(l) A budget which includes salaries, fringe benefits, consultant
costs, indirect costs, and other appropriate direct costs for the
project.
[[Page 53446]]
(ii) The applicant documentation and forms needed for a complete
application are listed above and at 7 CFR 4280.39. Applicants may
request forms and addresses from the ADDRESSES section of this notice.
(iii) There are no specific limitations on the number of pages,
font size and type face, margins, paper size, number of copies, and the
sequence or assembly requirements.
(iv) The component pieces of this application should contain
original signatures on the original application. Any form that requires
an original signature but is signed electronically in the application
submission, must be signed in ink by the authorized person prior to the
disbursement of funds.
(3) System for Award Management and Unique Entity Identifier. At
the time of application, each applicant must have an active
registration in the System for Award (SAM) before submitting its
application in accordance with 2 CFR 25. In order to register in SAM,
entities will be required to create Unique Entity Identifier (UEI).
Instructions for obtaining the UEI are available at <a href="https://sam.gov/content/entity-registration">https://sam.gov/content/entity-registration</a>.
(i) Applicant must maintain an active SAM registration, with
current, accurate and complete information, at all times during which
it has an active Federal award or an application under consideration by
a Federal awarding agency.
(ii) Applicant must ensure they complete the Financial Assistance
General Certifications and Representations in SAM.
(iii) Applicants must provide a valid UEI in its application,
unless determined exempt under 2 CFR 25.110.
(iv) The Agency will not make an award until the applicant has
complied with all SAM requirements including providing the UEI. 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.
(4) Submission Dates and Times.
(i) Application Funding Competition Deadlines: No later than 4:30
p.m. (local time) on: First Quarter, September 30, 2022; Second
Quarter, December 31, 2022; Third Quarter, March 31, 2023; and Fourth
Quarter, June 30, 2023.
Explanation of Dates: Applications must be in the USDA RD State
Office by the dates and times as indicated above. If the due date falls
on a Saturday, Sunday, or Federal holiday, the application is due the
next business day.
(ii) The deadline date means that the completed application package
must be received in the USDA RD State Office by the deadline date and
time established above. All application documents identified in this
notice are required.
(iii) If completed applications are not received by the deadline
established above, the application will neither be reviewed nor
considered in that quarter under any circumstances.
(iv) The grantee may utilize a previously approved indirect cost
rate. Otherwise, the applicant may elect to charge the 10 percent
indirect cost permitted under 2 CFR 200.414(f). An indirect cost rate
determination may be requested with the application; however, due to
the time required to evaluate indirect cost rates, it is likely that
all funds will be awarded before the indirect cost rate is determined.
No foreign travel is permitted. Pre-Federal award costs will only be
permitted with prior written approval by the Agency.
(v) Applicants may submit applications in hard copy or electronic
format as previously indicated in the Application and Submission
Information section of this notice. If the applicant wishes to hand
deliver its application, the addresses for these deliveries can be
located in the ADDRESSES section of this notice.
(vi) If you require alternative means of communication for program
information (e.g., Braille, large print, audiotape, etc.) please
contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).
(5) Intergovernmental Review. This program is subject to Executive
Order 12372, which requires intergovernmental consultation with state
and local officials. RD conducts intergovernmental consultation as
implemented with 2 CFR part 415, subpart C. Not all States have chosen
to participate in the intergovernmental review process. A list of
participating States is available at the following website: <a href="https://www.whitehouse.gov/omb/management/office-federal-financial-management/">https://www.whitehouse.gov/omb/management/office-federal-financial-management/</a>.
E. Application Review Information
(1) Criteria. All eligible and complete applications will be
evaluated and scored based on the selection criteria and weights
contained in 7 CFR part 4280, subpart A. Failure to address any one of
the criteria by the application deadline will result in the application
being determined ineligible, and the application will not be considered
for funding.
(2) Review and Selection Process. The State Offices will review
applications to determine if they are eligible for assistance based on
requirements contained in 7 CFR part 4280, subpart A. If determined
eligible, your application will be submitted to the National Office.
Funding of projects is subject to the intermediary's satisfactory
submission of the additional items required by that subpart and the
USDA RD Letter of Conditions. Discretionary priority points, under 7
CFR 4280.43(e), may be awarded with documented justification for the
following categories:
(i) Assisting rural communities recover economically through more
and better market opportunities and through improved infrastructure.
Applicant would receive priority points if the project is located in or
serving one of the top 10 percent of counties or county equivalents
based upon county risk score in the United States. The website, <a href="https://www.rd.usda.gov/priority-points">https://www.rd.usda.gov/priority-points</a>, has the data to confirm if your
project location qualifies for these discretionary points.
(ii) Ensuring all rural residents have equitable access to RD
programs and benefits from RD funded projects. Applicant would receive
priority points if the project is located in or serving a community
with a score 0.75 or above on the Center for Disease Control's Social
Vulnerability Index. The website, <a href="https://www.rd.usda.gov/priority-points">https://www.rd.usda.gov/priority-points</a>, has the data to confirm if your project location qualifies for
these discretionary points.
(iii) Reduce climate pollution and increasing resilience to the
impacts of climate change through economic support to rural
communities. Applicants will receive points through one of two options.
See the website, <a href="https://www.rd.usda.gov/priority-points">https://www.rd.usda.gov/priority-points</a>, for options.
To ensure the broad geographic distribution of funding, the highest
scoring application from each state will be grouped together and then
ranked from highest to lowest score, with funds awarded in ranking
order. If funds are available, the process of grouping, ranking, and
awarding of funds will continue with the second highest scoring
application from each state. The process will continue in this manner
until all available funds have been awarded.
F. Federal Award Administration Information
(1) Federal Award Notices. Successful applicants will receive
notification for funding from the RD State Office. Applicants must
comply with all applicable statutes and regulations before the loan/
grant award can be approved. Provided the application and
[[Page 53447]]
eligibility requirements have not changed, an eligible application not
selected will be reconsidered in three subsequent quarterly funding
competitions for a total of four competitions. If an application is
withdrawn by the applicant, it can be resubmitted and will be evaluated
as a new application.
(2) Administrative and National Policy Requirements. Additional
requirements that apply to intermediaries or grantees selected for
these programs can be found in 7 CFR part 4280, subpart A. Awards are
subject to USDA grant regulations at 2 CFR part 400 which adopts the
Office of Management and Budget (OMB) regulations 2 CFR part 200.
All successful applicants will be notified by letter which will
include a Letter of Conditions, and a Letter of Intent to Meet
Conditions. This letter is not an authorization to begin performance.
If the applicant wishes to consider beginning performance prior to the
loan or grant being officially closed, all pre-award costs must be
approved in writing and in advance by the Agency. The loan or grant
will be considered officially awarded when all conditions in the Letter
of Conditions have been met and the Agency obligates the funding for
the project.
Additional requirements that apply to intermediaries or grantees
selected for these Programs can be found in 7 CFR 4280, subpart A;
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards of the U.S. Department of Agriculture
codified in 2 CFR 400.1 to 400.2, and 2 CFR part 415 to 422, and
successor regulations to these parts.
In addition, all recipients of Federal financial assistance are
required to report information about first-tier sub-awards and
executive compensation (see 2 CFR part 170). You 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. L.
109-282) reporting requirements (see 2 CFR 170.200(b), unless you are
exempt under 2 CFR 170.110(b)).
The following additional requirements apply to intermediaries or
grantees selected for these Programs:
(i) Form RD 4280-2 ``Rural Business-Cooperative Service Financial
Assistance Agreement.''
(ii) Letter of Conditions.
(iii) Form RD 1940-1, ``Request for Obligation of Funds.''
(iv) Form RD 1942-46, ``Letter of Intent to Meet Conditions.''
(v) LLL, ``Disclosure of Lobbying Activities,'' if applicable.
(vi) Form SF 270, ``Request for Advance or Reimbursement.''
(vii) Form RD 400-4, ``Assurance Agreement'' must be completed by
the applicant and each prospective ultimate recipient.
(viii) Intermediaries or grantees must collect and maintain data
provided by ultimate recipients on race, sex, and national origin and
ensure ultimate recipients collect and maintain this data. Race and
ethnicity data will be collected in accordance with OMB Federal
Register notice, ``Revisions to the Standards for the Classification of
Federal Data on Race and Ethnicity'' (62 FR 58782), October 30, 1997.
Sex data will be collected in accordance with Title IX of the Education
Amendments of 1972. These items should not be submitted with the
application but should be available upon request by the Agency.
(ix) The applicant and the ultimate recipient must comply with
Title VI of the Civil Rights Act of 1964, Title IX of the Education
Amendments of 1972, Americans with Disabilities Act (ADA), Section 504
of the Rehabilitation Act of 1973, Age Discrimination Act of 1975,
Executive Order 12250, Executive Order 13166 Limited English
Proficiency (LEP), and 7 CFR part 1901, subpart E.
(3) Reporting.
(i) A financial status report and a project performance activity
report will be required of all grantees on a quarterly basis until
initial funds are expended and yearly thereafter, if applicable, based
on the Federal fiscal year. The grantee will complete the project
within the total time available to it in accordance with the scope of
work and any necessary modifications thereof prepared by the grantee
and approved by the Agency. A final project performance report will be
required with the final financial status report. The final report may
serve as the last quarterly report. The final report must provide
complete information regarding the jobs created and supported as a
result of the grant if applicable. Grantees must continuously monitor
performance to ensure that time schedules are being met, projected work
by time periods is being accomplished, and other performance objectives
are being achieved. Grantees must submit an original of each report to
the Agency no later than 30 days after the end of the quarter. The
project performance reports must include, but not be limited to, the
following:
(a) A comparison of actual accomplishments to the objectives
established for that period;
(b) Problems, delays, or adverse conditions, if any, which have
affected or will affect attainment of overall project objectives,
prevent meeting time schedules or objectives, or preclude the
attainment of particular project work elements during established time
periods. This disclosure shall be accompanied by a statement of the
action taken or planned to resolve the situation; and
(c) Objectives and timetable established for the next reporting
period.
(d) Any special reporting requirements, such as jobs supported and
created, businesses assisted, or economic development which results in
improvements in median household incomes, and any other specific
requirements, should be placed in the reporting section of the Letter
of Conditions.
(e) Within 90 days after the conclusion of the project, the
intermediary will provide a final project evaluation report. The last
quarterly payment will be withheld until the final report is received
and approved by the Agency. Even though the intermediary may request
reimbursement on a monthly basis, the last 3 months of reimbursements
will be withheld until a final report, project performance, and
financial status report are received and approved by the Agency.
(ii) In addition to any reports required by 2 CFR part 200 and 2
CFR 400.1 to 400.2 and 2 CFR part 415 to 422, the intermediary or
grantee must provide reports as required by 7 CFR part 4280, subpart A.
G. Federal Awarding Agency Contact(s)
For general questions about this announcement, please contact your
USDA RD State Office provided in the ADDRESSES section of this notice.
H. Build America, Buy America
Awards under this announcement for Infrastructure projects 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 Infrastructure
Investment and Jobs Act, and its implementing regulations. Recipients
of an award of Federal financial assistance from a program for
infrastructure are hereby notified that none of the funds provided
under this award may be used for a project for infrastructure unless:
(1) All iron and steel used in the project are produced in the
United States. This means all manufacturing processes, from the initial
melting stage
[[Page 53448]]
through the application of coatings, occurred in the United States.
(2) All manufactured products used in the project are produced in
the United States. This means the manufactured product was manufactured
in the United States, and the cost of the components of the
manufactured product that are mined, produced, or manufactured in the
United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for
determining the minimum amount of domestic content of the manufactured
product has been established under applicable law or regulation.
(3) All construction materials (excludes cement and cementitious
materials, aggregates such as stone, sand, or gravel, or aggregate
binding agents or additives) are manufactured in the United States.
This means that all manufacturing processes for the construction
material occurred in the United States.
The Buy America preference only applies to articles, materials, and
supplies that are consumed in, incorporated into, or affixed to an
infrastructure project. As such, it does not apply to tools, equipment,
and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America preference apply to
equipment and furnishings, such as movable chairs, desks, and portable
computer equipment, that are used at or within the finished
infrastructure project, but are not an integral part of the structure
or permanently affixed to the infrastructure project.
I. Other Information
(1) Civil Rights Requirements. All grants made under this notice
are subject to Title VI of the Civil Rights Act of 1964 as required by
the USDA (7 CFR part 15, subpart A) and Section 504 of the
Rehabilitation Act of 1973, Title VIII of the Civil Rights Act of 1968,
Title IX, Executive Order 13166 (Limited English Proficiency),
Executive Order 11246, and the Equal Credit Opportunity Act of 1974.
(2) Paperwork Reduction Act. In accordance with the Paperwork
Reduction Act of 1995, the information collection requirement contained
in this notice has been approved by OMB under OMB Control Number 0570-
0070.
(3) National Environmental Policy Act. All recipients under this
notice are subject to the requirements of 7 CFR 1970, available at:
<a href="https://rd.usda.gov/resources/environmental-studies/environmental-guidance">https://rd.usda.gov/resources/environmental-studies/environmental-guidance</a>.
(4) Nondiscrimination Statement. In accordance with Federal civil
rights laws and U.S. Department of Agriculture (USDA) civil rights
regulations and policies, the USDA, its Mission Areas, agencies, staff
offices, employees, and institutions participating in or administering
USDA programs are prohibited from discriminating based on race, color,
national origin, religion, sex, gender identity (including gender
expression), sexual orientation, disability, age, marital status,
family/parental status, income derived from a public assistance
program, political beliefs, or reprisal or retaliation for prior civil
rights activity, in any program or activity conducted or funded by USDA
(not all bases apply to all programs). 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) 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#5c2c2e333b2e3d31723532283d37391c292f383d723b332a"><span class="__cf_email__" data-cfemail="a1d1d3cec6d3c0cc8fc8cfd5c0cac4e1d4d2c5c08fc6ced7">[email protected]</span></a>.
Karama Neal,
Administrator, Rural Business-Cooperative Service, USDA Rural
Development.
[FR Doc. 2022-18773 Filed 8-30-22; 8:45 am]
BILLING CODE 3410-XY-P
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</html>Indexed from Federal Register on August 31, 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.