Notice of Solicitation of Applications for the Distance Learning and Telemedicine Grants for Fiscal Year 2023
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Abstract
President Joe Biden has pledged that every American will have access to affordable, reliable, high speed internet. Digital equity-- devices, skills and affordability that bring the internet to life--are a critical part of that mission. As part of that work, the Rural Utilities Service (RUS or the Agency), a Rural Development (RD) agency of the United States Department of Agriculture (USDA), announce the acceptance of applications under the Distance Learning and Telemedicine (DLT) grant program for Fiscal Year (FY) 2023, subject to the availability of funding. This notice is being issued prior to passage of a FY 2023 Appropriations Act in order to allow applicants sufficient time to leverage financing, prepare and submit their applications, and give the Agency time to process applications within FY 2023. Based on FY 2022 appropriated funding, the Agency estimates that approximately $64 million will be available for 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. All applicants are responsible for any expenses incurred in developing their applications.
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[Federal Register Volume 87, Number 230 (Thursday, December 1, 2022)]
[Notices]
[Pages 73742-73748]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26128]
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Notices
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Federal Register / Vol. 87, No. 230 / Thursday, December 1, 2022 /
Notices
[[Page 73742]]
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
[Docket No. RUS-22-TELECOM-0051]
Notice of Solicitation of Applications for the Distance Learning
and Telemedicine Grants for Fiscal Year 2023
AGENCY: Rural Utilities Service, USDA.
ACTION: Notice.
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SUMMARY: President Joe Biden has pledged that every American will have
access to affordable, reliable, high speed internet. Digital equity--
devices, skills and affordability that bring the internet to life--are
a critical part of that mission. As part of that work, the Rural
Utilities Service (RUS or the Agency), a Rural Development (RD) agency
of the United States Department of Agriculture (USDA), announce the
acceptance of applications under the Distance Learning and Telemedicine
(DLT) grant program for Fiscal Year (FY) 2023, subject to the
availability of funding. This notice is being issued prior to passage
of a FY 2023 Appropriations Act in order to allow applicants sufficient
time to leverage financing, prepare and submit their applications, and
give the Agency time to process applications within FY 2023. Based on
FY 2022 appropriated funding, the Agency estimates that approximately
$64 million will be available for 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. All applicants are responsible for any expenses
incurred in developing their applications.
DATES: Applications must be submitted through <a href="https://www.grants.gov/">https://www.grants.gov/</a>
and received no later than January 30, 2023 to be eligible for funding
under this grant opportunity. Late or incomplete applications will not
be eligible for funding under this grant opportunity.
ADDRESSES: All applications must be submitted electronically at <a href="https://www.grants.gov">https://www.grants.gov</a>. Instructions and additional resources, to include an
Application Guide, are available at <a href="https://www.rd.usda.gov/programs-services/telecommunications-programs/distance-learning-telemedicine-grants">https://www.rd.usda.gov/programs-services/telecommunications-programs/distance-learning-telemedicine-grants</a>, under the ``To Apply'' tab.
FOR FURTHER INFORMATION CONTACT: For inquiries regarding eligibility
concerns, please contact program staff at <a href="https://www.usda.gov/reconnect/contact-us">https://www.usda.gov/reconnect/contact-us</a>. Other inquiries, please contact Randall
Millhiser, Deputy Assistant Administrator, Office of Loan Origination
and Approval, RUS, USDA, 1400 Independence Avenue SW, Mail Stop 1590,
Room 4121-S, Washington, DC 20250-1590, telephone: (202) 720-0800,
email: <a href="/cdn-cgi/l/email-protection#e795868983868b8bc98a8e8b8b8f8e948295a792948386c9808891"><span class="__cf_email__" data-cfemail="1163707f75707d7d3f7c787d7d797862746351646275703f767e67">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Overview
Federal Awarding Agency Name: United States Department of
Agriculture, Rural Development, Rural Utilities Service.
Funding Opportunity Title: Distance Learning and Telemedicine
Grants.
Announcement Type: Notice of Solicitation of Applications.
Funding Opportunity Number: RUS-23-01-DLT.
Assistance Listing Number: 10.855.
Dates: Applications must be submitted through <a href="https://www.grants.gov/">https://www.grants.gov/</a> and received no later than January 30, 2023 to be
eligible for funding under this grant opportunity. Late or incomplete
applications will not be eligible for funding under this grant
opportunity.
Rural Development Key Priorities: The Agency encourages applicants
to consider projects that will advance the following key priorities
(more details available at <a href="https://www.rd.usda.gov/priority-points">https://www.rd.usda.gov/priority-points</a>):
<bullet> Assisting rural communities 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; and
<bullet> Reducing climate pollution and increasing resilience to
the impacts of climate change through economic support to rural
communities.
A. Program Description
1. Purpose of the Program. Seeking to make progress toward
President Biden's goal of digital equity throughout the country, the
DLT program provides financial assistance to enable and improve
distance learning and telemedicine services in rural areas. DLT grant
funds support the use of telecommunications-enabled information, audio
and video equipment, and related advanced technologies by students,
teachers, medical professionals, and rural residents. These grants are
intended to increase rural access to education, training, and health
care resources that are otherwise unavailable or limited in scope.
2. Statutory and Regulatory Authority. The DLT program is
authorized under 7 U.S.C. 950aaa and implemented by 7 CFR part 1734.
3. Definitions. The definitions applicable to this notice are
published at 7 CFR 1734.3. Additional definitions applicable to this
notice are listed below.
Rural area refers to any area, as confirmed by the most recent
decennial Census of the United States, which is not located within a
city, town, or incorporated area that has a population of greater than
20,000 inhabitants; or an urbanized area contiguous and adjacent to a
city or town that has a population of greater than 50,000 inhabitants;
and which excludes certain populations pursuant to 7 U.S.C.
1991(a)(13)(H) and (I). For purposes of the definition of rural area,
an urbanized area means a densely populated territory as defined in the
most recent decennial Census.
Opioid or other substance use disorder treatment is defined as the
interactive communication between medical or educational professionals
and opioid users or their families, other treatment professionals or
those who interact with opioid or other substance users.
4. Application of Awards. The Agency will review, evaluate, and
score applications received in response to this notice based on 7 CFR
1734.26. Awards under the DLT program will be made on a competitive
basis using specific selection criteria provided in 7 CFR 1734.27. The
Agency advises all interested parties that the applicant
[[Page 73743]]
bears the full burden in preparing and submitting an application in
response to this notice regardless of whether or not funding is
appropriated for the DLT program in FY 2023.
B. Federal Award Information
Type of Award: Grants.
Fiscal Year Funds: FY 2023.
Available Funds: Based on FY 2022 appropriated funding, the Agency
estimates that approximately $64 million will be available for FY 2023.
To combat a key threat to economic prosperity, rural workforce and
quality of life, the Agency sets aside $12 million for projects that
seek to reduce the morbidity and mortality associated with Substance
Use Disorder (including opioid misuse) in rural communities by
strengthening the capacity to address prevention, treatment and/or
recovery at the community level. The amount for this set aside is
subject to change based on FY 2023 appropriations.
The total appropriated amount minus the determined set aside amount
will be available for all eligible projects. RUS may at its discretion,
increase the total level of funding available 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.
Award Amounts: Pursuant to 7 CFR 1734.24, the Administrator has
established that the minimum grant amount of $50,000 and the maximum
grant amount of $1,000,000 will be applied to this grant opportunity,
if and when funds are appropriated.
Anticipated Award Date: September 30, 2023.
Performance Period: Three-year period, beginning the date funds are
released.
Renewal or Supplemental Awards: Although prior DLT grants cannot be
renewed, existing DLT awardees can submit applications for new projects
that are distinct from previously funded projects, either because they
are for a completely separate purpose and technology or because they
propose to serve a new service area, unassociated with prior funded
service areas. The Agency will evaluate project proposals from existing
awardees as new applications. Grant applications must be submitted
during the application window.
Type of Assistance Instrument: Grant Agreement.
C. Eligibility Information
1. Eligible Applicants. Eligible applicants must meet the
eligibility requirements of 7 CFR 1734.4.
(a) Applicants must have a Unique Entity Identifier (UEI) and an
active registration that includes the Financial Assistance
Representations and Certifications and has current information in the
System for Award Management (SAM) at: <a href="https://www.sam.gov">https://www.sam.gov</a>. Further
information regarding UEI acquisition and SAM registration can be found
in Section D.3 of this document.
(b) Corporations that have been convicted of a federal felony
within the past 24 months are not eligible. Any corporation that has
been assessed to have any unpaid federal tax liability, for which all
judicial and administrative remedies have been exhausted or have lapsed
and is not being paid in a timely manner pursuant to an agreement with
the authority responsible for collecting the tax liability, is not
eligible for financial assistance.
(c) Applicants are required to provide evidence of their ability to
contract with RUS to obtain the grant and comply with all applicable
requirements, in accordance with 7 CFR 1734.4(a). It is incumbent on
applicants to determine the appropriate entity to apply for the grant.
Entities created by educational or medical institutions for the purpose
of applying for and managing grants, such as university or hospital
foundations, should not be applicants unless they can own and manage
grant-funded equipment as required by the Grant Agreement and
applicable regulations, including 2 CFR part 200. Accordingly, RUS will
not transfer awards to another entity because the applicant has later
determined that it cannot close the award, execute the standard Grant
Agreement, which is publicly available, nor hold the grant assets in
its name.
2. Tribal Government Resolution of Consent. A certification from
the appropriate tribal official is required if a project is being
proposed by a non-Tribal applicant 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 non-
Tribal applicant that fails to provide a certification to administer a
project on Tribal Lands will not be considered for funding.
3. Cost Sharing or Matching. The DLT Program requires matching
contributions for grants as outlined in 7 CFR 1734.22. The Application
Guide located on the DLT website at <a href="https://www.rd.usda.gov/programs-services/telecommunications-programs/distance-learning-telemedicine-grants">https://www.rd.usda.gov/programs-services/telecommunications-programs/distance-learning-telemedicine-grants</a> provides additional guidance information for matching
contributions.
(a) Match Documentation. Grant applicants must demonstrate matching
contributions, in cash or in kind (new or non-depreciated items), of at
least 15 percent of the grant amount requested. Matching contributions
must be used for approved purposes for grants (see 7 CFR 1734.21 and
Section D.6 of this notice). Applications that do not provide
sufficient documentation of the required 15 percent match will be
deemed ineligible.
(b) Discounts and Donations. A review of applications submitted in
the past determined that vendor-donated matches did not have value
without a required subsequent purchase of vendor equipment or licenses
with grant funds. For example, in many grant applications, software
licenses were donated in satisfaction of the matching requirement.
However, such licenses only worked with, and thus only had value with,
the same vendor's equipment. Additionally, by side agreement, grant
applicants were required to purchase the vendor's equipment once the
grant was made with grant funds. The Agency determined that such a
practice violated federal procurement standards found at 2 CFR 200.317-
326, because the grant applicant did not put the purchase out for bid,
either because no other equipment would work with the ``donated''
licenses, or because they were contractually obligated to buy the
equipment before the grant was made. As such, the Agency has determined
that vendor matches requiring subsequent purchases, either by necessity
or contract, are not permitted.
4. Other. The Application Guide provides additional information
regarding eligible and ineligible items for equipment and facilities.
Grant applications that are written by vendors who are mentioned in
the application as vendors to be used on the project to be funded by
the DLT award are ineligible as a violation of the competition rules in
2 CFR 200.319. Such vendors are also prohibited from bidding on the
project because of conflict of interest. Additionally, applicants must
fully understand the procurement requirements of 2 CFR part 200 subpart
D and the DLT regulations when compiling an application for submission
and must avoid the use of predetermined equipment as a violation of the
bidding requirements unless they have adequately demonstrated in the
application that no other equipment is available for the intended
purpose.
Projects located in areas covered by the Coastal Barrier Resources
Act (16
[[Page 73744]]
U.S.C. 3501 et seq.) are not eligible for financial assistance from the
DLT Program. See 7 CFR 1734.23(a)(11).
D. Application and Submission Information
1. Address to Request Application Package. The Application Guide,
copies of forms and resources are available at <a href="https://www.rd.usda.gov/programs-services/telecommunications-programs/distance-learning-telemedicine-grants">https://www.rd.usda.gov/programs-services/telecommunications-programs/distance-learning-telemedicine-grants</a>.
The Application Guide provides specific, detailed instructions for
each item of a complete application. The Agency emphasizes the
importance of including every item and strongly encourages applicants
to follow the instructions carefully, using the examples and
illustrations in the Application Guide.
2. Content and Form of Application Submission.
(a) Application Completion. Carefully review 7 CFR part 1734
subparts A and B. A list of items for a complete application can be
found at 7 CFR 1734.25. The Application Guide also provides additional
information on how to complete the application.
(b) Description of Project Sites. Most DLT grant projects contain
several project sites. The Agency provides a site worksheet to help
applicants clearly identify hub, hub/end-user, and end-user sites. The
Application Guide provides a sample site worksheet to help guide the
Applicant on what information to provide to the Agency. As in prior DLT
funding windows, site information must be consistent throughout the
application. Applications without consistent site information will be
returned as ineligible.
(c) Submission of Application Items. Given the high volume of
program interest, applicants should submit the application items in the
order as indicated in the table below. Applications that are not
assembled in the specified order prevent timely determination of
eligibility. For duplicate applications submitted through <a href="http://Grants.gov">Grants.gov</a>,
the Agency will base its evaluation on the last copy of the application
submitted. If an applicant submits multiple applications for different
projects, then the Agency will only consider the application with the
highest score.
----------------------------------------------------------------------------------------------------------------
Application item Regulation Comments
----------------------------------------------------------------------------------------------------------------
SF-424 (Application for Federal 7 CFR 1734.25(a).......................... Form provided through
Assistance Form). <a href="http://Grants.gov">Grants.gov</a>.
Executive Summary of the Project..... 7 CFR 1734.25(b).......................... Narrative, including a
publicly releasable section
that describes the
population served.
Scoring Criteria Documentation....... 7 CFR 1734.25(c).......................... Provide documentation on how
applicant meets each of the
scoring criteria (see Sec.
1734.26).
Scope of Work........................ 7 CFR 1734.25(d).......................... Narrative and documentation,
including the budget.
Financial Information and 7 CFR 1734.25(e).......................... Narrative.
Sustainability.
Statement of Experience.............. 7 CFR 1734.25(f).......................... Narrative.
Funding Commitments from All Sources. 7 CFR 1734.25(g).......................... Worksheet and match
documentation letters with
authorized signatures.
Telecommunications System Plan....... 7 CFR 1734.25(h).......................... Documentation.
Compliance with other Federal 7 CFR 1734.25(i).......................... Addressed by providing
Statutes. Financial Assistance
Representations and
Certifications in
<a href="http://www.SAM.gov">www.SAM.gov</a>.
Non-Duplication of Services.......... 7 CFR 1734.25(i).......................... Guidance provided in the
Application Guide.
Assurance Regarding Felony Conviction 7 CFR 1734.25(i).......................... Addressed by providing
or Tax Delinquent Status for Financial Assistance
Corporate Applicants. Representations and
Certifications in
<a href="http://www.SAM.gov">www.SAM.gov</a>.
Environmental Review Requirements.... 7 CFR 1734.25(j).......................... Guidance provided in the
Application Guide.
Evidence of Legal Authority and 7 CFR 1734.25(k).......................... Guidance provided in the
Existence. Application Guide.
Federal Debt Certification........... 7 CFR 1734.25(l).......................... SF-424, Application for
Federal Assistance.
Consultation with USDA State Director 7 CFR 1734.25(m).......................... Documentation.
Supplemental Information............. 7 CFR 1734.25(n).......................... Documentation.
----------------------------------------------------------------------------------------------------------------
Submit the electronic application through <a href="http://www.grants.gov">www.grants.gov</a>. Do not
send a paper copy to RUS. To increase the range of applicants that will
be successful in FY 2023, only ONE application per applicant is
eligible for approval. If an applicant submits more than one
application through <a href="http://www.grants.gov">www.grants.gov</a>, the Agency will base its evaluation
on the application last submitted.
3. System for Award Management and Unique Entity Identifier.
(a) At the time of application, each applicant must have an active
registration in the System for Award Management (SAM) before submitting
its application in accordance with 2 CFR part 25, Universal Entity
Identifier and System for Award Management. To register in SAM,
entities will be required to create a 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>.
(b) Each 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.
(c) Each applicant must ensure they complete the Financial
Assistance General Certifications and Representations in SAM.
(d) Applicants must provide a valid UEI in its application, unless
determined exempt under 2 CFR 25.110, Exceptions.
(e) 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.
(a) Application Technical Assistance. Prior to official submission
of applications, applicants may request technical assistance or other
application guidance from the Agency, as long as such requests are made
prior to January 17, 2023. Agency contact information can be found in
FOR FURTHER INFORMATION CONTACT section of this notice.
(b) Application Deadline Date. Applications must be submitted
through <a href="http://www.grants.gov">www.grants.gov</a> and received no later than January 30, 2023 to
be eligible for funding under this grant opportunity.
(c) Applications Received After Deadline Date. Late or incomplete
[[Page 73745]]
applications will not be eligible for funding under this grant
opportunity.
The Agency will not solicit or consider new scoring or eligibility
information that is submitted after the application deadline. The
Agency reserves the right to contact applicants to seek clarification
on materials contained in the submitted application.
5. Intergovernmental Review. The DLT Grant Program is subject to
Executive Order 12372, ``Intergovernmental Review of Federal
Programs.'' Submit one copy of the application to the State government
single point of contact, if one has been designated, at the same time
as application submission to the Agency. If the project is located in
more than one state, submit a copy to each applicable state government
single point of contact. Go to <a href="https://www.whitehouse.gov/wp-content/uploads/2020/04/SPOC-4-13-20.pdf">https://www.whitehouse.gov/wp-content/uploads/2020/04/SPOC-4-13-20.pdf</a> for state office contact information.
Applications from Federally recognized Indian tribes are not subject to
this requirement.
6. Funding Restrictions. Ineligible grant purposes are outlined in
7 CFR 1734.23.
Hub sites located in non-rural areas are not eligible for grant
assistance unless they are necessary to provide DLT services to rural
residents at end user sites. See 7 CFR 1734.2(h). Applicants should
exclude ineligible items and ineligible matching contributions from the
budget. If an ineligible item or matching contribution is included in
the budget, the item will be removed and may result in an application
being deemed ineligible. See the Application Guide for more details on
funding restrictions, matching contributions, a recommended budget
format, and detailed budget compilation instructions.
7. Other Submission Requirements.
(a) Applications will not be accepted via paper, fax or electronic
mail.
(b) Submit the electronic application through <a href="http://www.grants.gov">www.grants.gov</a>. Do
not send a paper copy to RUS.
(c) <a href="http://Grants.gov">Grants.gov</a> requires some credentialing and online
authentication procedures. These procedures may take several business
days to complete. Therefore, the applicant should complete the
registration, credentialing, and authorization procedures at
<a href="http://www.grants.gov">www.grants.gov</a> before submitting an application. Instructions on all
required passwords, credentialing, and software are available on
<a href="http://www.grants.gov">www.grants.gov</a>. If system errors or technical difficulties occur, use
the customer support resources available at the <a href="http://Grants.gov">Grants.gov</a> website.
E. Application Review Information
1. Criteria. Grant applications are scored competitively and are
subject to the criteria provided in 7 CFR 1734.26 and this notice, and
further guidance on these criteria is provided in the Application
Guide.
(a) Rurality Category (up to 40 points). The rurality score is
based on two factors: (1) the population size of each community where
an end-user site is located and (2) whether an end-user site lies
within an urbanized area contiguous and adjacent to a city or town
having a population in excess of 50,000 inhabitants. For non-fixed site
projects and projects which contain non-fixed components, the rurality
score will be based on the hub site. Applicants should use 2010 census
data from the census website (<a href="https://data.census.gov/cedsci/">https://data.census.gov/cedsci/</a>) as their
source for population data. To determine if a site lies in any
incorporated or unincorporated city, village, or borough having a
population in excess of 20,000 inhabitants or an urbanized area
contiguous and adjacent to a city or town having a population in excess
of 50,000 inhabitants, applicants should check the site address, using
the DLT mapping tool at <a href="https://ruraldevelopment.maps.arcgis.com/apps/webappviewer/index.html?id=15a73830555645ae93d2fa773ed8e971">https://ruraldevelopment.maps.arcgis.com/apps/webappviewer/index.html?id=15a73830555645ae93d2fa773ed8e971</a>. The
Application Guide provides additional guidance for this category,
including a Rurality Worksheet to assist applicants in the calculation
of their rurality scores.
(b) Economic Need Category (up to 30 points). Economic need is
based on the county poverty percentage of the end-user sites proposed
in the application. The percentages must be determined by utilizing the
United States Census Small Area Income and Poverty Estimates (SAIPE)
Program. Applicants can use the spreadsheet posted to the DLT Program
website to look up current SAIPE county-level data. End-user sites
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 DLT Grant Program.
End-user sites 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 DLT Grant
Program.
(c) Service Needs and Benefits Category (up to 30 points). This
category measures the extent to which the proposed project meets the
need for distance learning or telemedicine services in rural areas, the
benefits derived from the proposed services, and the local community
involvement in the planning, implementation, and financial assistance
of the project. RUS will also consider the extent to which the
applicant's documentation identifies the local economic, education, or
health care challenges. The applicant must explain how the project
proposes to address these issues and why the applicant cannot complete
the project without a grant.
(d) Special Consideration (up to 10 points). Special consideration
points will be awarded for projects with at least one end-user site in
the following areas. Applicants may only receive special consideration
points in one area (up to 10 points):
(i) (10 points) Projects that serve Tribal Lands, Farmworker
Communities, or Distressed Energy Communities. Projects that enable and
improve distance learning and telemedicine services on Tribal Lands are
eligible for 10 points. Non-Tribal applicants must submit a letter of
Tribal consent consistent with Section C.2 if services are being
proposed on Tribal Lands. from the Tribe(s) with whom they propose to
partner. If the applicant proposes to partner with more than one Tribe,
consent from each Tribe is required. If consent is not provided, the
project will be deemed ineligible. Projects that enable and improve
distance learning and telemedicine services to Farmworker Communities
in rural areas are eligible for 10 points. The key to the success of
the food and agriculture industries is the millions of workers that
power it. Farmworkers include agricultural workers, field crop workers,
nursery workers, livestock workers, graders and sorters. Applicants
seeking these points should describe the type of farm work that is
prevalent in the community they intend to serve and how many
farmworkers will be served by the project. Projects that enable and
improve distance learning and telemedicine services to Distressed
Energy Communities in rural areas are eligible for 10 points.
Tribal Lands, Farmworker Communities, and Distressed Energy
Communities are identified in GIS layers included in the DLT mapping
tool located at: <a href="https://ruraldevelopment.maps.arcgis.com/apps/webappviewer/index.html?id=15a73830555645ae93d2fa773ed8e971">https://ruraldevelopment.maps.arcgis.com/apps/webappviewer/index.html?id=15a73830555645ae93d2fa773ed8e971</a>.
Tribal Lands will be identified using the GIS layers (Tribal Area
(BIA LAR);
[[Page 73746]]
Tribal Supplemental Area (BIA LAR); Tribal Statistical Area (BIA); and
Census Tribal areas in Alaska. The GIS layer for Farmworker Communities
will consist of rural areas that have received funding under the USDA
Rural Housing Service (RHS) Farm Labor Housing Programs. Distressed
Energy Communities are identified as communities that are fossil fuel
dependent (e.g., coal, oil, gas, and power plant communities) whose
economic well-being ranks in the most distressed tier of the Distressed
Communities Index. The energy community list is defined by the Report
to the President on Empowering Workers Through Revitalizing Energy
Communities.
(ii) (10 points) Projects that support Native American Language(s).
Language helps people engage meaningfully with one another, share
knowledge, worldviews, cultural expressions, beliefs, traditions, and
hope for the future--from generation to generation. Yet, many
indigenous languages across the world are in danger of falling into
disuse. It is the policy of the United States to preserve, protect, and
promote the rights and freedom of Native Americans to use, practice,
and develop Native languages. Projects that use distance learning to
protect, revitalize, and promote the use of Native languages are
eligible for 10 points. For this criterion, USDA will look to the
Native American Languages Preservation Act of 2006 which defines Native
American Language as the historical, traditional languages spoken by
Native Americans, including the languages spoken by Native Hawaiian and
Native American Pacific Islander Peoples. To receive these points, an
applicant must indicate the Native American Language(s) that will be
supported by the project, list the qualifications of the instructor(s)
to teach that language, and include the number of students that will be
served by the project.
(iii) (10 points) Projects that support Mental Health Services.
Rural communities have fewer mental health facilities and less access
to mental health services and professionals. The lack of this vital
infrastructure puts low-income residents, veterans, and young people in
rural communities at risk, with the suicide rate growing at a faster
pace among rural youth. Projects that enable and improve telemedicine
services to support mental health services in rural communities are
eligible for 10 points. The executive summary and the needs and
benefits section of the application must demonstrate that supporting
mental health services is a primary purpose of the application.
2. Review and Selection Process.
(a) Grant applications are ranked by the final score. RUS selects
applications based on those rankings, subject to the availability of
funds. As noted in Section D.2.c. of this announcement, RUS will
approve no more than one application per applicant. If an applicant
submits more than one application for different projects, then the
Agency will only consider the application with the highest score. If an
applicant submits more than one application for the same project, then
the Agency will only consider the latest submission. In addition, the
Agency has the authority to limit the number of applications selected
in any one state or for any one project during a fiscal year. See 7 CFR
1734.27 for a description of the grant application selection process.
An application receiving fewer points can be selected over a higher
scoring application in the event that there are insufficient funds
available to cover the costs of the higher scoring application, as
stated in 7 CFR 1734.27(b)(3).
(b) The Agency evaluates grant applications in accordance with 7
CFR 1734.27(c).
(c) The agency reserves the right to offer the applicant less than
the grant funding requested.
F. Federal Award Administration Information
1. Federal Award Notices. RUS notifies applicants whose projects
are selected for awards by mailing or emailing a copy of an award
letter. The receipt of an award letter does not authorize the applicant
to commence performance under the award. After sending the award
letter, the Agency will send an agreement that contains all the terms
and conditions for the grant. An applicant must execute and return the
grant agreement, accompanied by any additional items required by the
agreement, within the number of days specified in the selection notice
letter. The standard agreement is available on the <a href="https://www.rd.usda.gov/programs-services/telecommunications-programs/distance-learning-telemedicine-grants">https://www.rd.usda.gov/programs-services/telecommunications-programs/distance-learning-telemedicine-grants</a>.
2. Administrative and National Policy Requirements.
The items listed in this announcement, the DLT Grant Program
regulation, the Application Guide, and program resources implement the
appropriate administrative and national policy requirements, which
include but are not limited to:
(a) Executing a DLT Grant Agreement.
(b) Using Form SF 270, ``Request for Advance or Reimbursement,'' to
request reimbursements (along with the submission of receipts for
expenditures and any other documentation to support the request for
reimbursement).
(c) Submitting an annual Project Performance Activity Report, no
later than January 31st of the year following the year in which all or
any portion of the grant is first advanced and continuing in subsequent
years until completion of the project.
(d) Ensuring that records are maintained to document all activities
and expenditures utilizing DLT grant funds and matching funds (receipts
for expenditures are to be included in this documentation).
(e) Providing a final project performance report, no later than one
hundred twenty (120) days after the expiration date, termination of the
grant, the project completion, or the final disbursement of the grant
by the grantee, whichever event occurs last.
(f) Complying with policies, guidance, and requirements as
described in the following applicable Code of Federal Regulations, and
any successor regulations:
(i) 2 CFR parts 200 and 400 (Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards).
(ii) 2 CFR parts 417 and 180 (Government-wide Nonprocurement
Debarment and Suspension).
(g) Complying with Executive Order 13166, ``Improving Access to
Services for Persons with Limited English Proficiency.'' For
information on limited English proficiency and agency-specific
guidance, go to <a href="https://www.LEP.gov">https://www.LEP.gov</a>.
(h) Accountability and Compliance with Civil Rights Laws. The
regulation found at 7 CFR part 1901 Subpart E contains policies and
procedures for implementing the regulations of the Department of
Agriculture issued pursuant to Title VI of the Civil Rights Act of
1964, Title VIII of the Civil Rights Act of 1968, Title IX, Section 504
of the Rehabilitation Act of 1973, Executive Order 13166, Executive
Order 11246, and the Equal Credit Opportunity Act of 1974, as they
relate to the Rural Development. Nothing herein shall be interpreted to
prohibit preference to American Indians on Indian Reservations.
The policies contained in this subpart apply to recipients. As
recipients of federal financial assistance, awardees are required to
comply with the applicable federal, state and local laws. Title VI of
the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act
prohibits discrimination by recipients of federal financial assistance.
Recipients are required to adhere to specific outreach activities.
These outreach activities include contacting
[[Page 73747]]
community organizations and leaders that include minority leaders;
advertising in local newspapers and other media throughout the entire
service area; and including the nondiscrimination slogan, ``This is an
Equal Opportunity Program. Discrimination is prohibited by Federal
Law,'' in methods that may include, but not be limited to,
advertisements, electronic media, public broadcasts, and printed
materials, such as brochures and pamphlets.
By completing the Financial Assistance Representations and
Certifications in SAM, recipients affirm that they will operate the
program free from discrimination. The recipient will maintain the race
and ethnic data on the board members and beneficiaries of the program.
The recipient will provide alternative forms of communication to
persons with limited English proficiency. The Agency will conduct Civil
Rights Compliance Reviews on recipients to identify the collection of
racial and ethnic data on program beneficiaries. In addition, the
compliance review will ensure that equal access to the program benefits
and activities are provided for persons with disabilities and language
barriers.
3. Reporting.
(a) Performance Reporting. All recipients of DLT financial
assistance must provide annual performance activity reports to RUS
until the project is complete and the funds are expended. A final
performance report is also required; the final report may serve as the
last annual report. The final report must include an evaluation of the
success of the project in meeting the DLT Grant Program objectives. See
7 CFR 1734.7 for additional information on these reporting
requirements.
(b) Annual Audit. All recipients of DLT financial assistance must
provide an annual audit as follows:
(i) Non-Federal Entities, which include recipients that are states,
local governments, Indian tribes, institutions of higher education, or
nonprofit organizations, shall provide RUS with an audit pursuant to 2
CFR part 200, subpart F (Audit Requirements). The recipient must follow
subsection 2 CFR 200.502 in determining federal awards expended. All
RUS loans impose an ongoing compliance requirement for the purpose of
determining federal awards expended during a fiscal year. In addition,
the recipient must include the value of new federal loans made along
with any grant expenditures from all federal sources during the
recipient's fiscal year. Therefore, the audit submission requirement
for this program begins in the recipient's fiscal year that the loan is
made and thereafter, based on the balance of federal loan(s) at the
beginning of the audit period. All required audits must be submitted
within the earlier of: (i) 30 calendar days after receipt of the
auditor's report; or (ii) nine months after the end of the recipient's
audit period.
(ii) For all other entities, recipients shall provide RUS with an
audit within 120 days after the as of audit date in accordance with 7
CFR part 1773. With respect to grant funds, the audit is required until
all grant funds have been expended or rescinded. While an audit is
required, recipients must also submit the reports on internal control;
compliance with provisions of laws, regulations, contracts and grant
agreements; and instances of fraud.
(c) Recipient and Sub-recipient Reporting. The applicant must have
the necessary processes and systems in place to comply with the
reporting requirements for first-tier sub-awards and executive
compensation under the Federal Funding Accountability and Transparency
Act of 2006 in the event the applicant receives funding, unless such
applicant is exempt from such reporting requirements pursuant to 2 CFR
170.110(b). The reporting requirements under the Transparency Act
pursuant to 2 CFR part 170 are as follows:
(i) First Tier Sub-Awards of $25,000 or more (unless they are
exempt under 2 CFR part 170) must be reported by the recipient to
<a href="https://www.fsrs.gov">https://www.fsrs.gov</a> no later than the end of the month following the
month the obligation was made. Please note that currently underway is a
consolidation of eight federal procurement systems, including the
Federal Sub-award Reporting System (FSRS), into one system, the System
for Award Management (SAM). As a result, the FSRS will soon be
consolidated into and accessed through <a href="https://www.sam.gov">https://www.sam.gov</a>.
(ii) The total compensation of the recipient's executives (the five
most highly compensated executives) must be reported by the recipient
(if the recipient meets the criteria under 2 CFR part 170) to <a href="https://www.sam.gov">https://www.sam.gov</a> by the end of the month following the month in which the
award was made.
(iii) The total compensation of the sub-recipient's executives (the
five most highly compensated executives) must be reported by the sub-
recipient (if the sub- recipient meets the criteria under 2 CFR part
170) to the recipient by the end of the month following the month in
which the sub-award was made.
(d) Record Keeping and Accounting. The agreement will contain
provisions related to record keeping and accounting requirements.
G. Federal Awarding Agency Contacts
For general questions about this announcement, please contact the
point of contact provided in the FOR FURTHER INFORMATION CONTACT
section of this notice.
H. 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 (IIJA), and its implementing regulations. The
Act requires the following Buy America preference:
(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 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
[[Page 73748]]
project but are not an integral part of the structure or permanently
affixed to the infrastructure project.
I. Other Information
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35), the information collection requirements associated with
the programs, as covered in this notice, have been approved by the
Office of Management and Budget (OMB) under OMB Control Number 0572-
0096.
National Environmental Policy Act
All recipients under this notice are subject to the requirements of
7 CFR part 1970 (<a href="https://www.ecfr.gov/current/title-7/subtitle-B/chapter-XVIII/subchapter-H/part-1970">https://www.ecfr.gov/current/title-7/subtitle-B/chapter-XVIII/subchapter-H/part-1970</a>).
Federal Funding Accountability and Transparency Act
All applicants, in accordance with 2 CFR part 25 (<a href="https://www.ecfr.gov/current/title-2/part-25">https://www.ecfr.gov/current/title-2/part-25</a>), must be registered in SAM and
have a UEI number as stated in Section D.3 of this notice. All
recipients of federal financial assistance are required to report
information about first-tier sub-awards and executive total
compensation in accordance with 2 CFR part 170 (<a href="https://www.ecfr.gov/current/title-2/part-170">https://www.ecfr.gov/current/title-2/part-170</a>).
Civil Rights Act
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 Nondiscrimination in Federally Assisted Programs of the
Department of Agriculture--Effectuation of Title VI of the Civil Rights
Act of 1964) 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.
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 711 Relay Service.
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 (ASCR) 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#067674696174676b286f6872676d63467375626728616970"><span class="__cf_email__" data-cfemail="a1d1d3cec6d3c0cc8fc8cfd5c0cac4e1d4d2c5c08fc6ced7">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Andrew Berke,
Administrator, Rural Utilities Service, USDA Rural Development.
[FR Doc. 2022-26128 Filed 11-30-22; 8:45 am]
BILLING CODE 3410-15-P
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</html>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.