Notice2023-08233
Funding Opportunity Announcement for the Broadband Technical Assistance for Fiscal Year 2023
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Published
April 19, 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--for Broadband Technical Assistance (BTA) for Fiscal Year (FY) 2023. Broadband Technical Assistance provides competitive cooperative agreement funding to eligible entities to receive or deliver broadband technical assistance and training that promotes the expansion of broadband into rural areas. Examples of broadband technical assistance projects may include conducting feasibility studies, completing network designs, and developing broadband financial assistance applications. This announcement lists the information needed to submit an application.
Full Text
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<title>Federal Register, Volume 88 Issue 75 (Wednesday, April 19, 2023)</title>
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[Federal Register Volume 88, Number 75 (Wednesday, April 19, 2023)]
[Notices]
[Pages 24154-24159]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08233]
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DEPARTMENT OF AGRICULTURE
Rural Utilities Service
[DOCKET #: RUS-22-TELECOM-0054]
Funding Opportunity Announcement for the Broadband Technical
Assistance for Fiscal Year 2023
AGENCY: Rural Utilities Service, USDA.
ACTION: Notice.
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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--for Broadband
Technical Assistance (BTA) for Fiscal Year (FY) 2023. Broadband
Technical Assistance provides competitive cooperative agreement funding
to eligible entities to receive or deliver broadband technical
assistance and training that promotes the expansion of broadband into
rural areas. Examples of broadband technical assistance projects may
include conducting feasibility studies, completing network designs, and
developing broadband financial assistance applications. This
announcement lists the information needed to submit an application.
DATES: Applications must be submitted through <a href="https://www.grants.gov">https://www.grants.gov</a> no
later than June 20, 2023 to be eligible for funding under this grant
opportunity. Late or incomplete applications will not be eligible for
funding.
ADDRESSES: All applications must be submitted electronically via the
online application system at <a href="https://www.grants.gov">https://www.grants.gov</a>.
FOR FURTHER INFORMATION CONTACT: Laurel Leverrier, Assistant
Administrator, Telecommunications Program, Rural Utilities Service,
United States Department of Agriculture, telephone: (202) 720-9556,
email: <a href="/cdn-cgi/l/email-protection#5e123f2b2c3b3270123b283b2c2c373b2c1e2b2d3a3f70393128"><span class="__cf_email__" data-cfemail="6f230e1a1d0a0341230a190a1d1d060a1d2f1a1c0b0e41080019">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Overview
Federal Awarding Agency Name: Rural Utilities Service.
Funding Opportunity Title: Broadband Technical Assistance.
Announcement Type: Funding Opportunity Announcement (FOA).
Funding Opportunity Number: RUS-BTA-2023.
Assistance Listing Number: 10.752.
Dates: Applications must be submitted through <a href="http://Grants.gov">Grants.gov</a> and
received no later than June 20, 2023 to be eligible for funding under
this opportunity. Late or incomplete applications will not be eligible
for funding.
Rural Development Key Priorities: The Agency encourages applicants
to consider projects that will advance the following key priorities.
<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.
Rural Partners Network (RPN): In addition, the Agency encourages
applicants to work with the RPN. The RPN is an all-of-government
program that demonstrates to rural America that the federal government
can work differently to serve their unique needs in a way that is
community-centered and locally-driven. The RPN is a recognition by the
Biden Administration that it is time to do more for rural communities.
Applicants to this funding opportunity are encouraged to include RPN
Community Networks in their proposals by identifying Community Networks
as collaborative partners or recipients of service. The RPN is
supported by over 20 federal agencies and regional commissions, so
including RPN Community Networks can help facilitate coordination with
other federal agencies that fund broadband technical assistance (i.e.,
NTIA, ARC, EDA) to ensure complimentary efforts and reduce the chance
of duplicative awards. Please visit <a href="https://www.rural.gov/community-networks">https://www.rural.gov/community-networks</a> for more information on locations of the 36 RPN Community
Networks spanning ten states and Puerto Rico. To access specific
contact information for prospective network participants to determine
fit, please contact <a href="/cdn-cgi/l/email-protection#3d6f484f5c516d5c4f4953584f4e7358494a524f567d484e595c135a524b"><span class="__cf_email__" data-cfemail="7d2f080f1c112d1c0f0913180f0e3318090a120f163d080e191c531a120b">[email protected]</span></a>
A. Program Description
1. Purpose of the Program.
Broadband Technical Assistance provides financial assistance to
eligible entities to receive or deliver broadband technical assistance
and training and support the expansion or development of broadband
cooperatives. Program funds must be used to support broadband technical
assistance activities that promote the expansion of broadband into
rural areas. Broadband technical assistance activities include, but are
not limited to, project planning and community engagement, financial
sustainability, environmental compliance, construction and engineering
planning, accessing federal resources, and data collection and
reporting.
All applicants should carefully review and prepare their
applications according to instructions in the FY 2023 BTA Application
Guide (Application Guide) and program resources available on the
program website at: https://
[[Page 24155]]
www.rd.usda.gov/programs-services/telecommunications-programs/
broadband-technical-assistance-program. Expenses incurred prior to
submission of an application will be at the applicant's own risk.
2. Statutory and Regulatory Authority
The Rural eConnectivity Program is authorized under 7 U.S.C. 901 et
seq., and Public Law 115-141, Section 779 (2018). This BTA FOA will use
technical assistance funds appropriated under the Infrastructure
Investment and Jobs Act (IIJA) (Pub. L. 117-58).
3. Definitions
The terms and conditions provided in this FOA are applicable to and
for the purposes of this FOA only. Unless otherwise provided in the
award documents, all financial terms not defined herein shall have the
meaning as defined by Generally Accepted Accounting Principles.
Administrator means the Administrator of RUS, or the
Administrator's designee.
Applicant means an entity requesting funding under this FOA.
Application means the Applicant's request for federal funding,
which may be approved in whole or in part by RUS.
Award documents mean, as applicable, all associated award
agreements.
Award means a cooperative agreement entered into under this FOA.
Awardee means an eligible entity that has applied and been awarded
federal assistance under this part.
Broadband technical assistance refers to activities that support
broadband expansion into eligible rural areas and predevelopment
planning activities, which may include, but are not limited to, project
planning and community engagement, financial sustainability,
environmental compliance, construction planning and engineering,
accessing federal resources, and data collection and reporting.
Colonias are identified using the GIS layer (Colonia Areas) in the
RUS mapping tool located at <a href="https://www.rd.usda.gov/programs-services/telecommunications-programs/broadband-technical-assistance-program">https://www.rd.usda.gov/programs-services/telecommunications-programs/broadband-technical-assistance-program</a>.
Cooperative means an autonomous association of persons united
voluntarily to meet their common economic, social and cultural needs
and aspirations through a jointly owned and democratically controlled
enterprise. Cooperatives are democratically controlled by their
members, with each member having one vote in electing the board of
directors.
Cooperative agreement is the instrument used to fund the support of
RD's goals of increasing rural economic growth. In a cooperative
agreement, federal employees participate more closely in project
activities, often working side-by-side with the cooperator.
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. A GIS layer identifying distressed
energy communities can be found at <a href="https://www.rd.usda.gov/programs-services/telecommunications-programs/broadband-technical-assistance-program">https://www.rd.usda.gov/programs-services/telecommunications-programs/broadband-technical-assistance-program</a>.
Indirect costs are costs that are not readily identified with a
particular grant, contract, project function or activity, but are
necessary for the general operation of the organization and the conduct
of activities it performs.
Persistent poverty county is defined as any county with 20 percent
or more of its population living in poverty over the past 30 years, as
measured by the 1990 and 2000 decennial censuses, and the 2007-2011
American Community Survey 5-6 year average, or any territory or
possession of the United States (U.S.). A GIS layer identifying
persistent poverty counties can be found at <a href="https://www.rd.usda.gov/programs-services/telecommunications-programs/broadband-technical-assistance-program">https://www.rd.usda.gov/programs-services/telecommunications-programs/broadband-technical-assistance-program</a>.
Rural area means any area, as confirmed by the most recent
decennial Census of the U.S., 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.
Tribe means the term as defined in the Federally Recognized Indian
Tribe List Act of 1994 (Pub. L. 103-454; 108 Stat. 4791, 4792). An
American Indian or Alaska Native tribe, band, nation, pueblo, village,
or community that the Secretary of the Interior acknowledges to exist
as an Indian tribe under the Federally Recognized Tribe List Act of
1994 (25 U.S.C. 5131).
Tribal Entity includes all entities falling under the eligible
legal structures, including but not limited to: tribal owned
corporations, tribal enterprises, subsidiaries of tribally-owned
corporations and enterprises, tribal authorities, tribal utilities
intertribal non-profits and associations, Alaska Native Corporations,
Native entities within the State of Alaska recognized by and eligible
to receive services from the U.S. Department of the Interior's Bureau
of Indian Affairs, Native Hawaiian organizations including Homestead
Associations, State recognized tribes/nonprofits, and individually-
owned Native American entities.
Tribal Land means any area identified by the U.S. Department of
Interior as Tribal Land. A GIS layer of most Tribal Lands can be found
on the RUS mapping tool located at: <a href="https://www.rd.usda.gov/programs-services/telecommunications-programs/broadband-technical-assistance-program">https://www.rd.usda.gov/programs-services/telecommunications-programs/broadband-technical-assistance-program</a>.
4. Application of Awards
Applications will be reviewed for eligibility and completeness
based on Sections C and D of this FOA. Applications determined to be
eligible and complete will be further evaluated based on criteria
outlined in Section E. All applications will be competitively scored
and ranked. Notifications will be sent to applications in accordance
with Section F of this FOA.
B. Federal Award Information
Type of Award: Cooperative Agreement.
Fiscal Year Funds: FY 2023.
Available Funds: $20 million is available for funding under this
FOA. RUS may, at its discretion, increase the total level of funding
available from any available funding source provided the awards meet
the requirements of the statute which made the funding available to the
Agency.
Award Amounts. The minimum and maximum award amounts vary by
funding category. The Agency reserves the right to make the applicant
an offer that varies in amount or scope from the applicant's original
request.
Funding Categories: Applicant must choose one of the following
funding categories to be considered for funding:
<bullet> Technical Assistance Providers. Up to $7.5 million is
available. The minimum award amount is $50,000 and the maximum award
amount is $1,000,000. Entities submitting an application under this
funding category must propose to deliver broadband
[[Page 24156]]
technical assistance that will benefit rural communities.
<bullet> Technical Assistance Recipients. Up to $7.5 million is
available. The minimum award amount is $50,000 and the maximum award
amount is $250,000. Entities submitting an application under this
funding category must be beneficiaries of broadband technical
assistance.
<bullet> Projects Supporting Cooperatives. Up to $5 million is
available. The minimum award amount is $50,000 and the maximum award
amount is $1,000,000. Entities submitting an application under this
funding category must propose a project that supports the establishment
or growth of broadband cooperatives that will benefit rural
communities.
Anticipated Award Date: Awards are anticipated to be made by
September 30, 2023.
Period of Performance: October 1, 2023, through September 30, 2025.
Renewal or Supplemental Awards: Not applicable.
Type of Assistance Instrument: Cooperative Agreement. RD is
authorized to administer cooperative agreement awards in accordance
with 7 U.S.C. 2204b(b)(4) for BTA.
C. Eligibility Information
1. Eligible Applicants
Only entities legally organized as one of the following are
eligible for financial assistance:
a. Federally recognized Tribes and Tribal entities;
b. States or local governments, including any agency, subdivision,
instrumentality, or political subdivision thereof;
c. A territory or possession of the U.S.;
d. An institution of higher education (including 1862 Land-Grant
Institutions, 1890 Land-Grant Institutions, 1994 Land-Grant
Institutions, Hispanic-Serving Institutions, and Historically Black
Colleges and Universities);
e. Nonprofit organizations with 501(c)(3) IRS status;
f. Cooperatives or mutual organizations;
g. Corporations; or
h. Limited Liability Companies or Limited Liability Partnerships
2. Project Eligibility
a. To be eligible for funding assistance, the proposed project must
promote the expansion of broadband services into eligible rural areas.
b. Award funds may be used to assist rural communities, new and
existing cooperatives, consultants, and others in identifying and
planning for the following purposes to deliver broadband services to
rural areas:
i. Identify resources to finance broadband facilities from public
and private sources;
ii. Prepare feasibility studies, financial forecasts, market
surveys, environmental studies, and technical design information to
support broadband services;
iii. Prepare reports and surveys necessary to support the need for
broadband services, the price range and to request financial
assistance;
iv. Analyze and improve operations related to the management of
broadband facilities (i.e., implement automation, adopt new software,
conduct training, etc.) and to the efficiency of the entity.
c. The proposed project must include a component that allows for
active participation and substantial involvement by RD in the
applicant's project proposal. Examples of measurable substantial
involvement include, but are not limited to the following:
i. Joint convenings of community members, partners, and
stakeholders;
ii. Joint delivery of training for RD programs;
iii. The development of training sessions and outreach materials;
and
iv. Joint efforts to form new broadband cooperatives and support
existing cooperatives efforts to expand broadband service into rural
areas.
It is the intent of the proposed project to engage RD staff in
broadband technical assistance activities, and it is the responsibility
of the applicant to identify specific tasks where RD staff can provide
measurable, substantial involvement in the project. If such tasks are
not identified, the application will not be eligible for funding.
d. 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 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
There are no cost sharing or matching requirements associated with
this funding opportunity.
D. Application and Submission Information
1. Address To Request Application Package
Application and supporting materials are available at <a href="http://Grants.gov">Grants.gov</a>.
Applications must contain all required information. To apply
electronically, applicants must follow the instructions for this
funding announcement at <a href="http://Grants.gov">Grants.gov</a>.
2. Content and Form of Application Submission
a. A fully completed application is required to be considered
eligible for funding. For an application to be considered complete, the
applicant must complete and submit all forms, information, and
supporting documentation described below.
i. Written narrative proposal. The written proposal should be
assembled into one or more pdf file(s) and should conform to the order
in which the evaluation criteria are presented in Section E. The
completed pdf file(s) should be uploaded into <a href="http://Grants.gov">Grants.gov</a> as an
attachment to the application. The maximum limit for the written
narrative section is 25 pages. Information exceeding 25 pages for the
written narrative may not be considered for evaluation by the scoring
panel. The written narrative proposal must clearly identify the funding
category chosen.
ii. Standard Form 424, ``Application for Federal Assistance.''
iii. Standard Form 424B, ``Assurances--Non-Construction Programs.''
iii. RD Form 400-4, ``Assurance Agreement.''
iv. The Agency reserves the right to contact applicants to seek
clarification on submitted materials or request additional information.
b. 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.
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 (<a href="https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25">https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25</a>). In order to register in
SAM, entities will be required to create a Unique Entity Identifier
(UEI). Instructions for
[[Page 24157]]
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 Representations and Certifications in SAM.
d. Applicants must provide a valid UEI in its application, unless
determined exempt under 2 CFR 25.110 (<a href="https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25/subpart-A/section-25.110">https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25/subpart-A/section-25.110</a>).
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
Applications must be submitted through <a href="http://Grants.gov">Grants.gov</a> and received no
later than June 20, 2023 to be eligible for funding under this
opportunity. Late or incomplete applications will not be eligible for
funding.
<a href="http://Grants.gov">Grants.gov</a> requires some credentialing and online authentication
procedures that may take several business days to complete. Therefore,
the applicant should complete the registration, credentialing, and
authorization procedures at <a href="http://Grants.gov">Grants.gov</a> in order to submit an
application. Instructions on all required passwords, credentialing, and
software are available on <a href="http://Grants.gov">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.
The Agency will not solicit or consider new scoring or eligibility
information that is submitted after the application deadline. RUS also
reserves the right to ask applicants for clarifying information and
additional verification of assertions in the application.
5. Intergovernmental Review
This program is not subject to Executive Order 12372,
``Intergovernmental Review of Federal Programs.''
6. Funding Restrictions
In addition to costs identified as unallowable by 2 CFR part 200,
award funds cannot be used to pay for the following types of expenses
(this is not a comprehensive list of unallowable costs, see 2 CFR part
200).
a. Construction (in any form).
b. Activities serving non-rural communities.
c. Activities supporting communities with existing broadband
access.
d. Duplicative project costs funded by another award.
e. Indirect Costs.
7. Other Submission Requirements
Applications must be submitted electronically using <a href="http://Grants.gov">Grants.gov</a>. No
other form of application will be accepted. RUS will not accept
applications through mail or courier delivery, in-person delivery,
email, or fax. 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.
E. Application Review Information
1. Evaluation Criteria
The Agency will review each eligible, complete application based on
the evaluation criteria identified in this section. The written
narrative proposal addressed in Section D of this FOA must address the
criteria in the following order:
a. Project Work Plan (up to 30 points). The applicant can receive
up to 30 points for providing a detailed project work plan that
demonstrates the soundness of the proposed broadband technical
assistance approach. The scoring criterion will be based on the
following:
i. Work Plan Approach--The work plan approach should identify and
detail project objectives, rural communities to be served, project key
goals, partnerships developed or to be developed, and anticipated
deliverables of the project. Applicants must list all rural communities
that will benefit from the broadband technical assistance project and
describe characteristics of the communities being served including
information such as population size, population density, poverty rate,
and other economic indicators.
ii. Work Plan Implementation--Applicants should include details on
how the technical assistance will be provided and how it will lead to
expanded broadband service in rural areas. Applicants should detail
major task(s), involvement of key personnel, time period of task(s),
substantial involvement of RD staff, and expected deliverables.
iii. Budget and Work Plan Alignment--A detailed budget and budget
justification must be provided. The budget justification should align
with the tasks detailed in the workplan. Discuss how the budget
specifically supports the proposed activities discussed in the project
key tasks (as described above). The format of the budget's narrative
can be in a chart, spreadsheet, table, etc., but it should be readable
on letter-size, printable pages. The information needs to be presented
in such a way that the reviewers can readily understand what expenses
are incurred to support the project. Statement(s) of work for any
subcontractors and consultants must be included as part of the
application.
b. Organizational capacity (up to 20 points). All applicants must
demonstrate the capacity to deliver and/or support broadband technical
assistance activities. The applicant can receive up to 20 points based
on organizational capacity and qualifications. The maximum 20 points
for this criterion will be based on the following:
i. The applicant's proposal should demonstrate that the applicant
has identified appropriate key personnel, both in terms of number of
personnel and qualifications of personnel and should provide specific
detail of qualifications of key personnel relating to broadband
technical assistance. Capacity of personnel to access data for needs
assessments and access to planners and other technical experts will be
evaluated.
ii. Applicants that are technical assistance providers should
specify the number of years of providing broadband technical
assistance, detail experience in providing broadband technical
assistance to rural communities, identify types of rural communities
previously served, and detail experience in performance evaluation.
c. Targeted communities (20 points). The applicant must describe
how the proposed technical assistance activities will benefit targeted
communities. The applicant should provide detail on how the project
will promote the expansion of broadband within the targeted
communities. Describe how the plan will help entities plan for and
access broadband funding opportunities. The applicant can receive 20
points if at least 50 percent of the rural
[[Page 24158]]
communities benefiting from the project consist of:
i. Tribes and Tribal entities,
ii. Colonias,
iii. Persistent poverty counties, or
iv. Distressed energy communities.
A GIS layer of the areas noted above can be found on the RUS
mapping tool located at: <a href="https://www.rd.usda.gov/programs-services/telecommunications-programs/broadband-technical-assistance-program">https://www.rd.usda.gov/programs-services/telecommunications-programs/broadband-technical-assistance-program</a>. 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.
d. Rurality (up to 20 points). Points will be awarded for serving
the least dense rural areas as measured by the population of the
communities served.
e. Economic Need (up to 20 points). Economic need is based on the
county poverty percentage of the communities proposed to be served in
the application. The percentages must be determined by utilizing the
U.S. Census Small Area Income and Poverty Estimates (SAIPE) Program.
Communities located in geographic areas, for which no SAIPE data exist,
will be determined to have an average SAIPE poverty percentage of 30
percent. SAIPE data can be found on the program website.
f. Performance measures (up to 10 points). The applicant can
receive up to 10 points based on the proposed performance measures to
evaluate the progress and impact of the proposed project.
Performance measures should be based on the applicant's proposal
and must include a description for how the results of the technical
assistance will be measured and the benchmarks to be used for measuring
effectiveness. Indicators to be used should be specific and be
quantifiable.
2. Review and Selection Process
Applications are ranked by the final score. RUS selects
applications based on those rankings, subject to the availability of
funds. 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. 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. An
application receiving fewer points can be selected over a higher
scoring application if there are insufficient funds available to cover
the costs of the higher scoring application.
The Agency reserves the right to offer the applicant less than the
amount of 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. The award letter will include an agreement that contains all
the terms and conditions for the cooperative agreement. An applicant
must execute and return the 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 FOA, the Application Guide, and program
resources implement the appropriate administrative and national policy
requirements, which include but are not limited to:
a. 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).
b. 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 award is first advanced and continuing in subsequent
years until completion of the project.
c. Ensuring that records are maintained to document all activities
and expenditures utilizing program funds and matching funds (receipts
for expenditures are to be included in this documentation).
d. Providing a final project performance report, no later than one
hundred twenty (120) days after the expiration date, termination of the
award, the project completion, or the final disbursement of the award
by the awardee, whichever event occurs last.
e. 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 180 and 417 (Government-wide 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 (<a href="https://www.ecfr.gov/current/title-7/subtitle-B/chapter-XVIII/subchapter-H/part-1901/subpart-E">https://www.ecfr.gov/current/title-7/subtitle-B/chapter-XVIII/subchapter-H/part-1901/subpart-E</a>) 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 RD. 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 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.
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
[[Page 24159]]
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 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 program objectives. Success of the project
can be demonstrated by identifying the progress achieved in securing
financing to bring broadband service to the eligible rural area.
Project performance reports should include, but are not limited to, the
following:
i. A comparison of actual accomplishments to the objectives
established for that period;
ii. A description of any problems, delays, or adverse conditions
which have occurred, or are anticipated, and which may affect the
attainment of overall project objectives, prevent the meeting of 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
iii. Objectives and timetable established for the next reporting
period.
iv. Activities demonstrating the coordination with the State
Broadband Office.
b. 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 (Transparency Act) 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 are found at 2 CFR part 170 (<a href="https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-170">https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-170</a>).
c. Record keeping and accounting. The agreement will contain
provisions related to record keeping and accounting requirements.
G. Federal Awarding Agency Contacts
1. Website: <a href="https://www.rd.usda.gov/programs-services/telecommunications-programs/broadband-technical-assistance-program">https://www.rd.usda.gov/programs-services/telecommunications-programs/broadband-technical-assistance-program</a>. The
BTA website maintains up-to-date resources and contact information for
the Program.
2. 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 Laurel Leverrier, Assistant Administrator,
Telecommunications Program, Rural Utilities Service, U.S. Department of
Agriculture (USDA), email <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="167a776364737a387a73607364647f7364566365727738717960">[email protected]</a>, telephone: (202)
720-9554.
H. Other Information
1. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995, the
information collection requirements associated with the program, as
covered in this notice, have been approved by the Office of Management
and Budget (OMB) under OMB Control Number 0503-0028.
2. 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>).
However, awards for technical assistance and training under this
notice are classified as a Categorical Exclusion according to 7 CFR
1970.53(b) (<a href="https://www.ecfr.gov/current/title-7/subtitle-B/chapter-XVIII/subchapter-H/part-1970#p-1970.53">https://www.ecfr.gov/current/title-7/subtitle-B/chapter-XVIII/subchapter-H/part-1970#p-1970.53</a>(b)), and usually do not require
any additional documentation. RUS will review each application to
determine its compliance with 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>). The
applicant may be asked to provide additional information or
documentation to assist RUS with this determination.
3. USDA Non-Discrimination Statement
In accordance with Federal civil rights laws and USDA civil rights
regulations and policies, the USDA, its Mission Areas, agencies, staff
offices, employees, and institutions participating in or administering
USDA programs are prohibited from 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/oascr/program-discrimination-complaint-filing">https://www.usda.gov/oascr/program-discrimination-complaint-filing</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:
a. Mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
20250-9410; or
b. Fax: (833) 256-1665 or (202) 690-7442; or
c. Email: <a href="/cdn-cgi/l/email-protection#0f7f7d60687d6e622166617b6e646a4f7a7c6b6e21686079"><span class="__cf_email__" data-cfemail="e79795888095868ac98e8993868c82a792948386c9808891">[email protected]</span></a>.
Andrew Berke,
Administrator, Rural Utilities Service, Rural Development.
[FR Doc. 2023-08233 Filed 4-18-23; 8:45 am]
BILLING CODE 3410-15-P
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</html>Indexed from Federal Register on April 19, 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.