Notice2023-05549
Notice of Funding Opportunity for the Community Connect Grant Program 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
March 20, 2023
Issuing agencies
Agriculture DepartmentRural Utilities Service
Abstract
The Rural Utilities Service (RUS or the Agency), a Rural Development (RD) agency of the United States Department of Agriculture (USDA), announces the acceptance of applications under the Community Connect Grant (CCG) program for Fiscal Year 2023. The Agency has approximately $79 million for FY 2023. These grant funds will be made available to eligible applicants to construct broadband networks that provide service on a community-oriented connectivity basis in rural areas. All applicants are responsible for any expenses incurred in developing their applications.
Full Text
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<title>Federal Register, Volume 88 Issue 53 (Monday, March 20, 2023)</title>
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[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Notices]
[Pages 16579-16584]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05549]
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DEPARTMENT OF AGRICULTURE
Rural Utilities Service
[Docket No. RUS-22-TELECOM-0058]
Notice of Funding Opportunity for the Community Connect Grant
Program for Fiscal Year 2023
AGENCY: Rural Utilities Service, USDA.
ACTION: Notice of funding opportunity.
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SUMMARY: The Rural Utilities Service (RUS or the Agency), a Rural
Development (RD) agency of the United States Department of Agriculture
(USDA), announces the acceptance of applications under the Community
Connect Grant (CCG) program for Fiscal Year 2023. The Agency has
approximately $79 million for FY 2023. These grant funds will be made
available to eligible applicants to construct broadband networks that
provide service on a community-oriented connectivity basis in rural
areas. All applicants are responsible for any expenses incurred in
developing their applications.
DATES: Completed applications for grants must be submitted
electronically by no later than 11:59 a.m. Eastern Time (ET), June 20,
2023.
ADDRESSES: All applications must be submitted electronically at:
<a href="https://www.rd.usda.gov/community-connect">https://www.rd.usda.gov/community-connect</a>. This funding opportunity
will also be posted to <a href="https://www.grants.gov">https://www.grants.gov</a>.
FOR FURTHER INFORMATION CONTACT: Randall Millhiser at
<a href="/cdn-cgi/l/email-protection#5e2c3f303a3f3232703337323236372d3b2c1e2b2d3a3f70393128"><span class="__cf_email__" data-cfemail="ccbeada2a8ada0a0e2a1a5a0a0a4a5bfa9be8cb9bfa8ade2aba3ba">[email protected]</span></a>, Deputy Assistant Administrator, Office of
Loan Origination and Approval, RUS, U.S. Department of Agriculture,
1400 Independence Avenue SW, Mail Stop 1590, Room 4121-S, Washington,
DC 20250-1590, or call (202) 578-6926.
SUPPLEMENTARY INFORMATION:
Overview
Federal Awarding Agency Name: Rural Utilities Service.
[[Page 16580]]
Funding Opportunity Title: Community Connect Grant Program.
Announcement Type: Notice of Funding Opportunity.
Funding Opportunity Number: RDRUS-CC-2023.
Assistance Listing: 10.863.
Dates: Completed electronic applications must be filed through
<a href="https://www.rd.usda.gov/community-connect">https://www.rd.usda.gov/community-connect</a> by 11:59 a.m. Eastern Time
(ET) on June 20, 2023. Late or incomplete applications will not be
accepted.
Rural Development Key Priorities: The Agency encourages applicants
to consider projects that will advance the following key priorities:
<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.
A. Program Description
1. Purpose of the Program. The program provides financial
assistance to eligible applicants that will provide service at or above
the broadband grant speed to all premises in rural, economically-
challenged communities where broadband service does not exist. The
deployment of broadband services on a ``community-oriented
connectivity'' basis stimulates economic development and provides
enhanced educational and health care opportunities in rural areas.
2. Statutory and Regulatory Authority. The CCG program is
authorized under the Rural Electrification Act of 1936 (REAct) and
implemented by 7 CFR part 1739.
3. Definitions. The definitions applicable to this notice are
published at 7 CFR 1739.3 and repeated within the FY 2023 CCG Program
Application Guide (Application Guide) available at: <a href="https://www.rd.usda.gov/community-connect">https://www.rd.usda.gov/community-connect</a>.
4. Application of Awards. Awards under the CCG program will be made
on a competitive basis using specific review criteria contained in 7
CFR 1739.16. The Agency will review, evaluate and score applications
received in response to this notice based on the provisions found in 7
CFR 1739.17 and as indicated in this notice. The Agency advises all
interested parties that the applicant bears the full burden in
preparing and submitting an application in response to this notice.
B. Federal Award Information
Type of Award: Grants.
Fiscal Year Funds: FY 2023.
Available Funds: The Agency estimates that approximately $79
million will be available for FY 2023. 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.
Minimum Award: $100,000.
Maximum Award: $5,000,000.
Anticipated Award Date: September 2023.
Performance Period: 3 years.
Renewal or Supplemental Awards: While prior Community Connect
grants cannot be renewed, existing Community Connect awardees can
submit applications for new projects. The Agency will evaluate project
proposals from existing awardees as new applications. Only one grant
application per applicant is eligible for approval under this grant
opportunity.
Type of Assistance Instrument: Grant.
C. Eligibility Information
1. Eligible Applicants. Eligible applicants must meet the
eligibility requirements of 7 CFR 1739.10. Only entities legally
organized as one of the following are eligible for Community Connect
Grant Program financial assistance:
(a) Incorporated organization;
(b) Indian tribe or tribal organization, as defined in 25 U.S.C.
5304;
(c) State government;
(d) Local unit of government;
(e) Any other legal entity, including a cooperative, private
corporation, or limited liability company organized on a for-profit or
not-for-profit basis.
References in this program to a state, state government, or state
agency are meant to include the Commonwealth of Puerto Rico, the Virgin
Islands of the United States, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, the Federated States of Micronesia,
Palau, and the Marshall Islands.
Applicants must have the legal capacity and authority to enter into
contracts, to comply with applicable federal statutes and regulations,
and to own and operate the broadband facilities as proposed in their
application. 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.
2. Cost Sharing or Matching. The Program requires matching
contributions as specified in 7 CFR 1739.14. The Application Guide
provides additional information on required matching contributions.
3. Other. All submitted proposals must meet the eligibility
requirements listed at 7 CFR 1739.11. For FY 2023 applications, the
additional eligibility requirements apply:
(a) Proposed Funded Service Area (PFSA). The applicant must define
a contiguous geographic, area located entirely within an eligible rural
area, in which Broadband Service does not exist and where the applicant
proposes to offer service at the Broadband Grant Speed to all
residential and business customers. The PFSA may consist of multiple
municipalities and may be located in more than one state.
(i) RUS will validate that broadband service does not exist in
areas that applicants describe as having no broadband access or access
that is less than 25 Megabits per second (Mbps) downstream plus 3 Mbps
upstream.
(ii) The broadband grant speed is 100 Mbps downstream and 20 Mbps
upstream for fixed terrestrial broadband service, whether fixed or
wireless.
(iii) A PFSA must not overlap with service areas of current RUS
borrowers and grantees.
(iv) Areas receiving, or areas that have received final approval
for, other federal funding to construct terrestrial facilities
providing at least 25/3 Mbps service in the project Proposed Funded
Service Area as of the date of this notice, and which have been
reported to the agency, are ineligible. As a result, no Community
Connect funds may be used to duplicate costs, services, connections,
facilities, or equipment that have been authorized under such areas.
Applicants submitting a project to serve an area in which the same
entity has already received final approval for other federal funding
must explain in the application why Community Connect 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 Community Connect funding must submit a statement
certifying that the funds requested from Community Connect 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
[[Page 16581]]
accounts for each source of funding to track the uses of the funding to
support the certification statement submitted with the Community
Connect application. RUS can consider adjusting the service area or
award amount of a project selected for Community Connect 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
notice.
(v) A certification from the appropriate tribal official is
required if service is being proposed over or on Tribal Lands. 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. Tribal Lands are identified on the GIS layers included in the
Community Connect mapping tool located at <a href="https://www.rd.usda.gov/community-connect">https://www.rd.usda.gov/community-connect</a>.
(vi) The Consolidated Appropriations Act, 2022 (Pub. L. 117-103)
and the Consolidated Appropriations Act, 2023 (Pub. L. 117-328),
included funding under the ReConnect Program for Community Project
Funding/Congressionally Directed Spending 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 projects
will be made available in the Community Connect mapping tool located
at: <a href="https://www.rd.usda.gov/community-connect">https://www.rd.usda.gov/community-connect</a>.
(b) Essential Community Facilities. The applicant must propose to
offer free service at the Broadband Grant Speed to all participating
Essential Community Facilities located within the PFSA for at least two
years.
(c) Community Center. The applicant must provide a Community Center
within the PFSA with a minimum of 2, and up to 10, computer access
points and wireless access at the Broadband Grant Speed, free of all
charges, to all users for at least two years. Grant funds used for the
improvement, expansion, construction, or acquisition of a community
center must not exceed the lesser of 10 percent of the requested grant
amount or $150,000.
D. Application and Submission Information
1. Address To Request Application Package. The Application Guide,
copies of necessary forms and resources are available at: <a href="https://www.rd.usda.gov/community-connect">https://www.rd.usda.gov/community-connect</a>. Application information is also
available at <a href="https://www.grants.gov/">https://www.grants.gov/</a>.
2. Content and Form of Application Submission.
(a) Application Completion. Carefully review the Application Guide
and 7 CFR part 1739, which detail all relevant forms and worksheets.
The components of a complete application can be found at 7 CFR 1739.15,
and the Application Guide and Community Connect Application Checklist.
(b) Submission of Application Items. Given the high volume of
program interest, applicants should submit the application items in the
order indicated in the Application Guide. Applications that are not
assembled and tabbed in the specified order prevent timely
determination of eligibility. For FY 2023, one proposal per applicant
is eligible for approval. If an applicant submits more than one
proposal, then the Agency will only consider the application with the
highest score.
3. System for Award Management and Unique Entity Identifier.
(a) At the time of application, each applicant must have a Unique
Entity Identifier (UEI) and an active registration in the System for
Award Management (SAM) before submitting its application in accordance
with 2 CFR part 25. Instructions for obtaining the UEI are available at
<a href="https://sam.gov/content/entity-registration">https://sam.gov/content/entity-registration</a>.
(b) 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) 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.
(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 the closing of the application window.
(b) Application Deadline Date: Completed electronic applications
must be filed through <a href="https://www.rd.usda.gov/community-connect">https://www.rd.usda.gov/community-connect</a> by
11:59 a.m. Eastern Time (ET) on June 20, 2023.
(c) Applications Received After Deadline Date: If completed
applications are not received by the application deadline date provided
in Section D.4(b) above, the application will neither be reviewed nor
considered for funding under any circumstances.
5. Funding Restrictions. Ineligible grant purposes are listed at 7
CFR 1739.13. Grant funds may not be used to finance the duplication of
lines, facilities, or systems providing broadband service.
6. Other Submission Requirements. Applications will not be accepted
via mail, fax or electronic mail. Electronic applications for grants
must be submitted through the Community Connect Portal. The Community
Connect Portal can be found on the Community Connect website at:
<a href="https://www.rd.usda.gov/community-connect">https://www.rd.usda.gov/community-connect</a>.
The Community Connect Portal requires all users to obtain Level II
eAuthentication accounts and for applicant users to submit an
Authorized Representative Request (ARR) and a resolution in order to
access the portal to submit an application. These procedures may take
several business days to complete; therefore, the applicant should
complete the registration, credentialing, and authorization procedures
before submitting an application. Instructions on creating a Level II
eAuthentication account are available at: <a href="https://www.eauth.usda.gov/home/">https://www.eauth.usda.gov/home/</a>. If system errors or technical difficulties occur, use the
Contact Us Form available on the Community Connect website at: <a href="https://www.rd.usda.gov/programs-services/telecommunications-programs/community-connect-grants#contact">https://www.rd.usda.gov/programs-services/telecommunications-programs/community-connect-grants#contact</a>.
RUS also reserves the right to ask applicants for clarifying
information and additional verification of assertions in the
application.
E. Application Review Information
1. Criteria.
(a) Scoring Criteria. All scoring criteria is outlined in 7 CFR
1739.17 and in the Application Guide.
(b) Ineligible Areas. RUS will not fund projects located in an area
that does not meet the definition of ``rural area'' found in 7 CFR
1739.3.
(c) Pending Applications. RUS will not fund more than one project
that
[[Page 16582]]
proposes to provide broadband service in the same geographic area. If a
project overlaps the PFSA of an application already submitted to the
Rural eConnectivity Program (ReConnect Program), the Telecommunications
Infrastructure Loan and Loan Guarantee Program, or the Rural Broadband
Access Loan and Loan Guarantee Program, the project will not be
considered until a determination is made on the previously submitted
application.
(d) Substantially Underserved Trust Areas (SUTA). Applicants
seeking assistance may request consideration under the SUTA provisions
in 7 U.S.C. 936f.
(i) If the Administrator determines that a community within ``trust
land'' (as defined in 38 U.S.C. 3765) has a high need for the benefits
of the Program, the Administrator may designate the community as a
``substantially underserved trust area'' (as defined in section 306F of
the REAct).
(ii) To receive consideration under SUTA, the applicant must submit
to the Agency a completed application that includes all information
requested in 7 CFR part 1700, subpart D. In addition, the application
must identify the discretionary authorities within Subpart D that it
seeks to have applied to its application.
2. Review and Selection Process. Once the Agency has received the
application, the Agency will publish a public notice of each
application in accordance with 7 CFR 1739.15(l). The CCG Public Notice
Filings for each application may be found at <a href="https://www.rd.usda.gov/community-connect">https://www.rd.usda.gov/community-connect</a> and clicking the ``Public Notice Filings'' button.
The Agency will use the information submitted to determine if there is
sufficient access to broadband in any part of the proposed funded
service area. Notwithstanding non-responses by actual and potential
providers, the Agency will use all information available in evaluating
the feasibility of the project.
Grants are awarded in rank order, subject to the availability of
funds and consistent with 7 CFR 1739.16 and 7 CFR 1739.17. It should be
noted that an application receiving fewer points can be selected over
an application receiving more points in the event that there are
insufficient funds available to cover the costs of the higher scoring
application or if the higher scoring application would consume a
disproportionate amount of funds available relative to its ranking., as
stated in 7 CFR 1739.16(f).
The Agency reserves the right to offer the applicant a lower amount
than the amount proposed in the application, as stated in 7 CFR
1739.16(g).
If the Agency receives more than one proposal from the same
applicant, then the Agency will only consider the application with the
highest score, except in accordance with 7 CFR 1739.16(f).
F. Federal Award Administration Information
1. Federal Award Notices.
(a) RUS notifies applicants whose projects are selected for awards
by mailing and/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.
(b) 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.
2. Administrative and National Policy Requirements. The items
listed in this announcement, the CCG 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 CCG Agreement.
(b) Using Form SF 270, ``Request for Advance or Reimbursement,'' to
request reimbursements (along with the submission of receipts for
expenditures, timesheets, and any other documentation to support the
request for reimbursement).
(c) Ensuring that records are maintained to document all activities
and expenditures utilizing CCG funds and matching funds (receipts for
expenditures are to be included in this documentation).
(d) 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). The
government must be provided an exclusive first lien on all grant assets
during the service obligation of the grant, and thereafter any sale or
disposition of grant assets must comply with the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
Awards, codified in 2 CFR part 200. Note that this part will apply to
ALL grant funds of an Awardee, regardless of the entity status or type
of organization.
(ii) 2 CFR parts 417 and 180 (Governmentwide Nonprocurement
Debarment and Suspension).
(iii) 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>.
(iv) 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 Rural Development. Nothing herein shall be interpreted to
prohibit preference to American Indians on Indian Reservations.
(1) 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 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, public broadcasts,
and printed materials, such as brochures and pamphlets. All recipients
must submit and have on file a valid Form RD 400-1 (Equal Opportunity
Agreement); and RD Form 400-4 (Assurance Agreement).
(2) By completing the SAM Certification and Representations,
recipients affirm 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
[[Page 16583]]
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) Annual Project Performance Activity Report. All recipients of
Community Connect financial assistance must provide annual project
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
Community Connect Grant Program objectives. See 7 CFR 1739.19 for
additional information on these reporting requirements.
(b) Annual Performance Report. For three years starting the first
January 31st after Project Completion, the Awardee must submit the
following information utilizing RUS' online reporting system:
(i) Existing network service improvements and facility upgrades, as
well as new equipment and capacity enhancements that support high-speed
broadband access for educational institutions, health care providers,
and public safety service providers;
(ii) The estimated number of end users who are currently using or
forecasted to use the new or upgraded infrastructure;
(iii) The progress towards fulfilling the objectives for which the
assistance was granted;
(iv) The speed and average price of the most subscribed tier of the
Awardee's broadband service offerings in the Project's service area;
and
(v) The average price of broadband service in the Project's service
area;
(c) Annual Map Reporting. No later than thirty (30) calendar days
after the end of the Calendar Year, the Awardee shall be required to
submit an updated Approved Project Service Area map through RUS' online
mapping tool showing the areas where construction has been completed
and geospatial location of residences and businesses that are receiving
new broadband service until the entire Approved Project Service Area
can receive the broadband service.
(d) Financial Reporting. All recipients of Community Connect
financial assistance must provide an annual audit, consistent with the
Community Connect grant agreement, and the applicable USDA audit
regulations at 7 CFR 1739.20, 7 CFR part 1773, or 2 CFR part 200,
subpart F, as applicable.
(e) 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 subawards 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 Subawards 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. There is currently underway a consolidation of
eight federal procurement systems, including the Federal Subaward
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 subrecipient's executives (the
five most highly compensated executives) must be reported by the
subrecipient (if the subrecipient meets the criteria under 2 CFR part
170) to the recipient by the end of the month following the month in
which the subaward was made.
(f) Record Keeping and Accounting. The agreement will contain
provisions related to record keeping and accounting requirements.
G. Federal Awarding Agency Contacts
The CCG website maintains up-to-date resources and contact
information for the CCG Program. The CCG has a Contact page located at
<a href="https://www.rd.usda.gov/programs-services/telecommunications-programs/community-connect-grants#contact">https://www.rd.usda.gov/programs-services/telecommunications-programs/community-connect-grants#contact</a>. For inquiries regarding eligibility
concerns, please contact your General Field Representative (GFR) at:
<a href="https://www.rd.usda.gov/contact-us/telecom-gfr">https://www.rd.usda.gov/contact-us/telecom-gfr</a>. Persons with
disabilities that require alternative means for communication should
contact the U.S. Department of Agriculture (USDA) Target Center at
(202) 720-2600 (voice) or the 711 Relay Service.
H. Build America, Buy America
1. Funding to Non-Federal Entities. Awardees that are 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 (BABAA) within the Infrastructure
Investment and Jobs Act, Public Law 117-58. Any requests for waiver of
these requirements must be submitted pursuant to USDA's guidance
available online at: <a href="https://www.usda.gov/ocfo/federal-financial-assistance-policy/USDABuyAmericaWaiver">https://www.usda.gov/ocfo/federal-financial-assistance-policy/USDABuyAmericaWaiver</a>.
2. Funding to All Other Entities. Awardees that are not Non-Federal
Entities shall be governed by the Agency's Buy American requirement at
7 CFR part 1787. Any requests for waiver of these requirements must be
submitted pursuant to those regulations.
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-
0127.
National Environmental Policy Act
All recipients under this Notice are subject to the requirements of
7 CFR part 1970.
Federal Funding Accountability and Transparency Act
All applicants, in accordance with 2 CFR part 25, 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 subawards and executive
total compensation in accordance with 2 CFR part 170.
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,
[[Page 16584]]
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/ad-3027.pdf">https://www.usda.gov/sites/default/files/documents/ad-3027.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#2e5e5c41495c4f430047405a4f454b6e5b5d4a4f00494158"><span class="__cf_email__" data-cfemail="5e2e2c31392c3f337037302a3f353b1e2b2d3a3f70393128">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Andrew Berke,
Administrator, Rural Utilities Service, USDA Rural Development.
[FR Doc. 2023-05549 Filed 3-17-23; 8:45 am]
BILLING CODE 3410-15-P
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</html>Indexed from Federal Register on March 20, 2023.
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.