Notice2023-13232
Notice of Funding Opportunity for Calendar Year 2022 Disaster Water Grants Program for Fiscal Year 2023; Water and Environmental Programs
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
June 22, 2023
Effective
August 21, 2023
Issuing agencies
Agriculture DepartmentRural Utilities Service
Abstract
The Rural Utilities Service (RUS or Agency), a Rural Development (RD) mission area of the United States Department of Agriculture (USDA), announces the acceptance of applications under the Calendar Year (CY) 2022 Disaster Water Grants Program for Fiscal Year (FY) 2023. The Agency will have at least $247,250,000 in grant funding through the Disaster Relief Supplemental Appropriations Act, 2023. Grant funds will be made available to qualified, rural applicants to pay for necessary expenses related to water infrastructure systems damaged by events that occurred during CY 2022 and were recognized through Presidentially Declared Disasters. All applicants are responsible for any expenses incurred in developing their applications.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 119 (Thursday, June 22, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Pages 40775-40780]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13232]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 88, No. 119 / Thursday, June 22, 2023 /
Notices
[[Page 40775]]
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
[DOCKET #: RUS-23-WATER-0009]
Notice of Funding Opportunity for Calendar Year 2022 Disaster
Water Grants Program for Fiscal Year 2023; Water and Environmental
Programs
AGENCY: Rural Utilities Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Rural Utilities Service (RUS or Agency), a Rural
Development (RD) mission area of the United States Department of
Agriculture (USDA), announces the acceptance of applications under the
Calendar Year (CY) 2022 Disaster Water Grants Program for Fiscal Year
(FY) 2023. The Agency will have at least $247,250,000 in grant funding
through the Disaster Relief Supplemental Appropriations Act, 2023.
Grant funds will be made available to qualified, rural applicants to
pay for necessary expenses related to water infrastructure systems
damaged by events that occurred during CY 2022 and were recognized
through Presidentially Declared Disasters. All applicants are
responsible for any expenses incurred in developing their applications.
DATES: Applications will be accepted on a continual basis, beginning on
June 22, 2023 until funds are exhausted. To comply with the
Congressional Review Act, there is a 60-day delay in the effective date
of this action, and the Agency will not take action on applications
until the later of 60 days after notification to Congress or August 21,
2023.
ADDRESSES: Applications and supporting documentation must be submitted
electronically through USDA's application intake system, RD APPLY, at
<a href="https://rdapply.usda.gov">https://rdapply.usda.gov</a>. Application documents and additional
resources are available at <a href="https://www.rd.usda.gov/programs-services/water-environmental-programs/calendar-year-2022-disaster-water-grants-program">https://www.rd.usda.gov/programs-services/water-environmental-programs/calendar-year-2022-disaster-water-grants-program</a>.
This funding opportunity will also be posted to <a href="https://www.grants.gov">https://www.grants.gov</a>.
FOR FURTHER INFORMATION CONTACT: Angela Tilghman, Water and
Environmental Programs, RUS, USDA at <a href="/cdn-cgi/l/email-protection#f2a593869780dfa0b6b287819693dc959d84"><span class="__cf_email__" data-cfemail="194e786d7c6b344b5d596c6a7d78377e766f">[email protected]</span></a>. Persons with
disabilities that require alternative means for communication should
contact the USDA Target Center at (202) 720-2600 (voice) or the 711
Relay Service.
Funding under this Notice will be delivered in coordination with
the USDA RD State Offices. Applicants are encouraged to contact their
respective USDA RD State Offices, as designated by where the project is
located, for further information on submitting applications under this
Notice. A list of USDA RD State Office contacts is provided at the
following link: <a href="https://www.rd.usda.gov/about-rd/state-offices">https://www.rd.usda.gov/about-rd/state-offices</a>.
SUPPLEMENTARY INFORMATION:
Overview
Federal Awarding Agency Name: Rural Utilities Services.
Funding Opportunity Title: Calendar Year 2022 Disaster Water Grants
Program.
Announcement Type: Notice of Funding Opportunity (NOFO).
Funding Opportunity Number: RD-RUS-CY22Disaster.
Assistance Listing: 10.760.
Dates: Applications will be accepted on a continual basis,
beginning on June 22, 2023, until funds are exhausted. To comply with
the Congressional Review Act, there is a 60-day delay in the effective
date of this action, and the Agency will not take action on
applications until the later of 60 days after notification to Congress
or August 21, 2023.
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.
A. Program Description
1. Purpose of the Program. The CY 2022 Disaster Water Grants
Program is designed to assist communities by awarding grant funds to
qualified entities for expenses related to water infrastructure systems
in designated areas that were impacted by events that occurred during
CY 2022 and were recognized through Presidentially Declared Disasters.
In addition to damage repairs, these grants are also intended to
develop system capacity and resiliency in order to reduce or eliminate
long-term risks from future events. Subject to any updates to the
Presidentially Declared Disasters, the following states have been
identified as containing areas that have been impacted by qualifying
events during CY 2022: Alaska, American Samoa, Arizona, California,
Florida, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Maine,
Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska,
Nevada, New Mexico, New York, North Carolina, North Dakota, Oklahoma,
Oregon, Puerto Rico, Rhode Island, South Carolina, South Dakota,
Tennessee, Texas, U.S. Virgin Islands, Virginia, Washington, and West
Virginia. For the most current list of Presidentially Declared
Disasters, visit the United States (U.S.) Department of Homeland
Security, Federal Emergency Management Agency (FEMA) website at <a href="https://www.fema.gov/disaster/declarations">https://www.fema.gov/disaster/declarations</a>.
2. Statutory and Regulatory Authority. The CY 2022 Disaster Water
Grants Program is authorized pursuant to 5 U.S.C. 301; 7 U.S.C. 1989;
16 U.S.C. 1005; and Division N of the Consolidated Appropriations Act,
2023, Public Law 117-328. It is implemented in accordance with the
provisions established within Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards, 2 CFR parts 200
and 400, uniform Federal grant awards regulations, 7 CFR part 1780 and
this NOFO.
3. Definitions. The terms and conditions provided in this NOFO are
applicable to and for purposes of this NOFO only.
Agency. RUS or its successors, and the USDA RD employees acting on
[[Page 40776]]
behalf of RUS in accordance with the appropriate delegations of
authority.
Calendar Year (CY). The period-of-time beginning on January 1 and
ending on December 31 of each year.
Eligible Project Costs. The costs incurred during the period of
performance and that are directly related to the use and purposes of
the CY 2022 Disaster Water Grants Program. See Section C.2. of this
Notice for eligible project costs.
Median Household Income (MHI). The income data used in this part to
determine MHI must be that which most accurately reflects the income of
the service area. The MHI will be the income data for the service area
as determined by the Agency-approved five-year income dataset from the
United States Department of Commerce, United States Census Bureau,
American Community Survey (ACS) or, if needed, other Agency-approved
Census Bureau data. If there is reason to believe that the ACS data is
not an accurate representation of the MHI within the area to be served,
the reasons will be documented and the applicant may furnish, or the
Agency may obtain, additional information regarding such MHI.
Information will consist of reliable data from local, regional, State,
Tribal or Federal sources, or from a survey conducted by a reliable
impartial source which meets Agency established standards.
Prefabricated Homes Communities. Mobile, manufactured, and modular
homes that share a private public water and/or sewer system.
Presidentially Declared Disasters. A declaration made by the
President in accordance with applicable statues that a disaster exists,
necessitating assistance in the recovery of the impacted area.
Rural or Rural Area. For purposes of this Notice, any area in a
city, town, or unincorporated area identified through Presidentially
Declared Disasters with a population not in excess of 35,000
inhabitants, according to the latest Agency-implemented decennial
census of the United States. The population of the community is as
adjusted by the exclusion of individuals incarcerated on a long-term or
regional basis, and the exclusion of the first 1,500 individuals who
reside in housing located on a military base. The area to be served may
be made up of combinations of these eligible areas. If the applicable
population figure cannot be obtained from the most recent decennial
Census, RUS will determine the applicable population figure based on
available population data. Facilities financed may be located in non-
rural areas. However, funds may be used to finance only that portion of
the facility serving rural areas, regardless of facility location.
State. References in this NOFO to State, State government, or State
agency are limited to any of the 50 States of the U.S., the
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, and, as may be
determined by the Secretary to be feasible, appropriate and lawful, the
Freely Associated States and the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau which were
identified through Presidentially Declared Disasters related to events
that occurred during CY 2022.
State Nonmetropolitan Median Household Income (SNMHI). Median
household income of a state's nonmetropolitan counties and portions of
metropolitan counties outside of cities, towns, or places of 50,000 or
more in population. The SNMHI is set by the Agency. The nonmetropolitan
median household income of the State may only be updated on a national
basis by the Agency.
4. Application of Awards. The Agency will review, evaluate, and
score applications received in response to this Notice. Awards under
the CY 2022 Disaster Water Grants Program will be made on a rolling
basis, providing priority to applications using specific selection
criteria contained 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 regardless of if
funding is awarded.
B. Federal Award Information
Type of Award: Grants.
Fiscal Year Funds: FY 2023.
Available Funds: At least $247,250,000. RUS may at its discretion,
increase the total level of funding available in this funding round
from any available source provided the award(s) meets the requirements
of the statute which made the funding available to the Agency.
Award Amounts: No minimum or maximum award amount.
Anticipated Award Date: Summer 2023 until all funds are expended.
Performance Period: The grant period is not to exceed 48-months
from the obligation of funds date, unless agreed to by the Agency.
Renewal or Supplemental Awards: Applications for renewal or
supplementation of existing projects may be eligible to compete with
applications for new Federal awards under this program. Funding
provided through this NOFO does not guarantee or otherwise imply any
future commitment of funding for renewal or supplementation of existing
projects. Should additional RUS funding be needed from other Agency
programs to carry out the proposed scope of work, the application
requirements of each program will be applicable.
Type of Assistance Instrument: Grant Agreement.
Approximate Number of Awards: The number of awards will depend on
the number of eligible applications and the total amount of requested
funds.
C. Eligibility Information
1. Eligible Applicants. Eligible applicants must meet the following
eligibility requirements:
(a) Be either a Public Body, an organization operated on a not-for-
profit basis, a tribe, or a prefabricated home organization operating
an eligible community-based system. Non-tribal applicants proposing to
serve tribes and tribal areas should have the support of those tribes
either in the form of a Tribal Resolution and/or letter of support for
the project impacting their communities.
(b) Be eligible to receive and administer a Federal grant under
Federal law.
(c) Each applicant must: (1) Have or will obtain the legal
authority necessary for owning, constructing, operating, and
maintaining the facility or service to be repaired or replaced and for
issuing security for the proposed grant; (2) Be responsible for
operating, maintaining, and managing the facility, and providing for
its continued availability and use at reasonable user rates and
charges; and (3) Retain this responsibility even though the facility
may be operated, maintained, or managed by a third party under contract
or management agreement.
(d) Demonstrate that they possess the technical, managerial, and
financial capability necessary to consistently comply with pertinent
Federal and State laws and requirements.
(e) Have no delinquent debt to the federal government or no
outstanding judgments to repay a federal debt.
2. Eligible Project Costs.
(a) Grant funds may be used by eligible applicants to pay for
expenses:
(1) Related to restoration, repair, or rebuilding to water
infrastructure systems. Water infrastructure systems include drinking
water, wastewater, solid waste, and stormwater projects serving
eligible communities. Adequate documentation must be provided to
demonstrate impacts to the water
[[Page 40777]]
infrastructure systems, watershed, or water resources.
(2) To develop system capacity and resiliency to reduce or
eliminate long-term risks from hazards and their effects on water
infrastructure systems identified above.
(3) Related to restoration, repair, or rebuilding, and is not
limited to replacing what was present prior to the disaster. Facilities
should be planned and constructed in a sustainable way that reduces or
eliminates long-term risk to people and property from future disasters.
Projects must consider current and future community needs and meet
current building codes and other standards, while also improving
resilience to future disasters.
(b) When associated with an eligible construction project, funding
may be used to pay for:
(1) Reasonable fees and costs such as: legal, engineering,
administrative services, fiscal advisory, recording, environmental
analyses and surveys, possible salvage or other mitigation measures,
planning, establishing or acquiring rights.
(2) Costs of acquiring interest in land to include rights, leases,
permits, rights-of-way; and other evidence of land or protection
necessary for development of the facility.
(3) Purchasing or renting equipment necessary to install, operate,
maintain, extend, or protect facilities.
(4) Costs of additional applicant labor and other expenses
necessary to install and extend service.
(5) Costs for connecting the user to the main service line.
(6) Repairs and replacements already made to restore service.
Grants may be awarded to reimburse applicants for expenses incurred in
recovery and response efforts. Adequate documentation must be provided
to demonstrate that the expenses are related to an event that occurred
in CY 2022 identified through a Presidentially Declared Disaster, and
that it was necessary to complete the repairs prior to submitting an
application for assistance. Additional documentation may be needed to
ensure environmental and certain other Agency requirements are met.
(7) Other costs that the Agency determines to be eligible and
necessary.
(c) Project costs must be for necessary expenses related to water
infrastructure systems damaged by events that occurred during CY 2022
and were recognized through Presidentially Declared Disasters.
3. Cost Sharing or Matching. There are no cost sharing or matching
requirements associated with this grant.
4. Other. There shall be no reimbursement for repairs,
replacements, or other improvements made or financed using insurance
proceeds or funding from other Federal grant programs, including but
not limited to awards provided by FEMA, U.S. Environmental Protection
Agency or state agencies delivering funding on its behalf, and U.S.
Housing and Urban Development's Community Development Block Grants.
D. Application and Submission Information
1. Address to Request Application Package. General information
related to the CY 2022 Disaster Water Grants Program, copies of
necessary forms and samples, and other program guidance is available at
<a href="https://www.rd.usda.gov/programs-services/water-environmental-programs/calendar-year-2022-disaster-water-grants-program">https://www.rd.usda.gov/programs-services/water-environmental-programs/calendar-year-2022-disaster-water-grants-program</a>. Applications and
supporting documentation must be submitted electronically through
USDA's application intake system, RD APPLY, at <a href="https://rdapply.usda.gov">https://rdapply.usda.gov</a>.
For additional information on how to apply, including local field
office contacts, please see the ``For Further Information Contact''
section of this Notice.
2. Content and Form of Application Submission. To be considered for
funding, applicants must be an eligible entity and submit a complete
application. A complete application must contain all required elements
outlined in this Notice. Applicants will be required to submit the
following items to the processing office electronically via RD APPLY.
(a) Standard Form (SF) 424, ``Application for Federal Assistance.''
(b) SF 424-C, ``Budget Information-Construction Programs.''
(c) SF 424-D, ``Assurances-Construction Programs.''
(d) Form RD 1910-11, ``Application Certification, Federal
Collection Policies for Consumer or Commercial Debts.''
(e) Form RD 400-1, ``Equal Opportunity Agreement.''
(f) Form RD 400-4, ``Assurance Agreement.''
(g) If the applicant is a public body, the following must be
provided:
(1) Copy of a resolution, statute, or state constitutional
provision that creates the public body, or
(2) Legal opinion from the applicant's attorney identifying the
name and title of the official who can act on behalf of the applicant
and denoting the applicant's legal authority to: (1) Accept grant funds
and enter into the proposed transaction and (2) Comply with regulatory
requirements and carry out the responsibilities imposed by the program.
(h) If the applicant is a nonprofit entity, the following must be
provided:
(1) At least one of the following must be presented:
(A) Documentation to verify the IRS currently recognizes the
applicant as a 501(c)(3) organization;
(B) A statement from a State taxing body or the State attorney
general certifying that: (i) The organization is a nonprofit operating
within the state, and (ii) No part of its net earnings may lawfully
benefit any private shareholder or individual; or,
(C) A certified copy of the applicant's certification of
incorporation or similar document if it clearly establishes the
nonprofit status of the applicant.
(2) Certificate of Good Standing from the Secretary of State.
(3) Articles of Incorporation and amendments (if applicable).
(4) Current By-Laws.
(5) List of local Board of Director to include addresses and term
period.
(i) If the applicant is a prefabricated home communities'
organization, the following must be provided:
(1) Articles of Organization.
(2) Employer Identification Number.
(3) Operating Licenses and Certifications, as required.
(4) Operating Agreement.
(j) A copy of, or reference to, the Presidential Disaster
Declaration used to qualify for funding under this Notice.
(k) The material submitted with the application should include a
preliminary engineering report, population and median household income
of the area to be served, and descriptions of the existing facility,
proposed project and nature of the disaster that caused the problem(s)
being addressed by the project. To meet these requirements, a
preliminary engineering report is required that offers adequate
justification of need, defines scope of the proposed work, and cost
estimate. The simplified engineering report template in items i thru
iii below may be considered for projects that are repair-in-kind and
that do not require funding from other Agency programs. Projects that
do not meet the preceding, must follow RUS Bulletin 1780-2, Preliminary
Engineering Reports for the Water and Waste Disposal. The following
items are to be considered with simplified preliminary engineering
reports:
(1) Scope of Work. Describe work to be performed including type,
amount, and a brief description and justification of engineering design
parameters used.
(2) Cost Estimate. Provide an itemized estimate of the total
project cost based
[[Page 40778]]
on the stated period of construction. Include development and
construction, land and rights, legal, engineering, equipment,
contingencies, and other costs associated with the proposed project.
(3) System Resiliency and Water Reuse. When possible, system
resiliency and water reuse options should be considered.
(l) A certification or letter from applicant or its attorney
regarding any insurance coverage and claims, FEMA, or another Federal
funding agency for this project.
(m) A completed environmental documentation report and
certifications prepared in accordance with 7 CFR part 1970; and
(n) A copy of the applicant's most recent year-end financial
statements, and a current balance sheet, income statement, and
operating budget. The following forms may be used to present the
information:
(1) Form RD 442-3, ``Balance Sheet'' or similar form.
(2) Form RD 442-2, ``Statement of Budget, Income and Equity'' or
similar form.
(3) Form RD 442-7, ``Operating Budget'' or similar form.
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 Identifier
and System for Award Management. To register in SAM, entities will be
required to obtain 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.
(f) The entity that will retain the rights to own, operate, and
maintain the constructed facility will also be required to complete the
registration requirements outlined above. The timing of any
requirements will be outlined in the Grant Agreement issued following
the selection of an application.
4. Submission Dates and Times. Applications will be accepted on a
continual basis, beginning on June 22, 2023, until funds are exhausted.
5. Intergovernmental Review. Executive Order (E.O.) 12372,
``Intergovernmental Review of Federal Programs,'' applies to this
program. This E.O. requires that Federal agencies provide opportunities
for consultation on proposed assistance with State and local
governments. Many states have established a Single Point of Contact
(SPOC) to facilitate this consultation. For a list of States that
maintain a SPOC, please see the White House website: <a href="https://www.whitehouse.gov/omb/management/office-federal-financial-management/">https://www.whitehouse.gov/omb/management/office-federal-financial-management/</a>.
If your State has a SPOC, you may submit a copy of the application
directly for review. Any comments obtained through the SPOC must be
provided to your State Office for consideration as part of your
application. If your state has not established a SPOC, you may submit
your application directly to the Agency. Applications from Federally
Recognized Tribes are not subject to this requirement.
6. Funding Restrictions. Applications must be for eligible purposes
as defined in Section C.2. of this Notice. Funding may not be used to
pay for the following costs:
(a) Facilities which are not modest in size, design, and cost;
(b) Grant finder's fees;
(c) The construction of any new combined storm and sanitary sewer
facilities;
(d) Any portion of the cost of a facility which does not serve a
rural area;
(e) That portion of project costs normally provided by a business
or industrial user, such as wastewater pretreatment, etc.;
(f) Rental for the use of equipment or machinery owned by the
applicant;
(g) For other purposes not directly related to operation and
maintenance of the facility being installed or improved; and
(h) Pay project costs when other funding is a guaranteed loan
obtained in accordance with 7 CFR part 5001.
7. Other Submission Requirements. Applications and supporting
information will not be accepted via, fax, electronic mail, or any
other medium other than through RD APPLY at <a href="https://rdapply.usda.gov">https://rdapply.usda.gov</a>.
E. Application Review Information
1. Criteria. When ranking eligible applications for consideration
for limited funds, Agency officials must consider the priority items
met by each application and the degree to which those priorities are
met. Points will be awarded as follows:
------------------------------------------------------------------------
Criteria No. Criteria Points
------------------------------------------------------------------------
1............................. Population of
proposed area(s) to
be served (based on
Census data):
a. Not in excess of 30
2,500.
b. More than 2,500 20
and not in excess of
5,500.
c. More than 5,500 15
and not in excess of
10,000.
d. Over 10,000....... 0
2............................. Income: The MHI of
population to be
served by the
proposed project is:
a. Not in excess of 30
70 percent of the
SNMHI or below
poverty guideline.
b. More than 70 20
percent and not in
excess of 80 percent
of the SNMHI.
c. More than 80 15
percent and not in
excess of 90 percent
of the SNMHI.
d. More than 90 0
percent of the SNMHI.
3............................. Health Priorities:
a. Needed to 25
alleviate an
emergency situation,
correct
unanticipated
diminution in
quantity or
deterioration in
quality of a water
supply, or to meet
Safe Drinking Water
Act requirements
which pertain to a
water system.
b. Required to 25
correct inadequacies
of a wastewater
disposal system, or
to meet health
standards which
pertain to a
wastewater disposal
system.
[[Page 40779]]
c. Required to meet 15
administrative
orders issued to
correct local, State
or Federal solid
waste violations.
4............................. Other Priorities:
Amount of non-Agency 15
funds committed to 10
the project:. 5
A. 50 percent or more 0
B. 20 percent to 49
percent.
C. 5 percent to 19
percent.
D. Less than 5
percent.
The proposed project 10
will enlarge,
extend, or otherwise
modify existing
facilities to
provide service to
additional rural
areas.
The proposed project 10
will serve an area
that has an
unreliable quality
or supply of
drinking water.
Project promotes long- Up to 15
term system
sustainability,
resiliency and water
reuse.
5............................. Administrator
Discretion:
RUS Administrator may 15
provide additional
points based on the
identified factor *.
------------------------------------------------------------------------
* Administrator Discretionary Points--In order to be considered for
Administrator Discretionary Points, the applicant must provide
adequate documentation to address the following factor:
Project is located in a Disadvantaged Community or a Distressed
Community (15 points will be added). A Disadvantaged Community will be
determined by the Agency by using the Council on Environmental
Quality's Climate and Economic Justice Screening Tool (which is
incorporated into the USDA look-up map) which identifies communities
burdened by climate change and environmental injustice. Additionally,
all communities within the boundaries of Federally Recognized Tribes
and Alaska Native Villages will also be determined to be Disadvantaged
Communities by the Agency. Distressed Community will be determined by
the Agency by using the Economic Innovation Group's Distressed
Communities Index (which is incorporated into the USDA look-up map),
which uses several socio-economic measures to identify communities with
low economic well-being. To determine if your project is located in a
Disadvantaged Community or a Distressed Community, please use the
following USDA look-up map: <a href="https://ruraldevelopment.maps.arcgis.com/apps/webappviewer/index.html?id=4acf083be4c44bb7864d90f97de0c788">https://ruraldevelopment.maps.arcgis.com/apps/webappviewer/index.html?id=4acf083be4c44bb7864d90f97de0c788</a>.
The Administrator Discretionary Points will be awarded solely on
the aforementioned factor.
2. Review and Selection Process. Within 10 working days of
receiving an application, the Agency will send you a notification of
acknowledgment. The application will be reviewed for completeness to
determine if all the required items were included. If the application
is incomplete or ineligible, the Agency will return it with an
explanation. Applicants may resubmit applications deemed incomplete or
ineligible after revising them in accordance with the Agency
explanation. The Agency reserves the right to offer the applicant less
than the grant funding requested.
F. Federal Award Administration Information
1. Federal Award Notices
(a) Application Outcomes. There are four possible outcomes
following the submission of an application under the CY 2022 Disaster
Water Grants Program. The Agency reserves the right to make no grant
awards if all applications are ineligible, incomplete or do not meet
the established program objectives and priorities. The Agency may
determine that the application is:
(1) Eligible and selected for funding,
(2) Eligible but offered fewer funds than requested,
(3) Eligible but not selected for funding, or
(4) Ineligible for the grant.
(b) Award Notices. Applicants selected for funding will be sent a
Letter of Conditions, accompanied by a grant agreement, which outlines
the terms and conditions of the award, and other applicable documents.
Pursuant to the grant agreement, 2 CFR parts 200 and 400, and other
applicable provisions, grant funds may be released over the course of
the grant period in reimbursement for the performance of eligible,
approved activities which do not duplicate similar federal efforts or
tasks. The grant agreement may also include reporting and pre-approval
requirements. If such requirements are not met, it may result in a
delay in reimbursement, disallowance of expense, or a suspension of the
grant.
(c) Payments/Reimbursements. Grantees will be reimbursed as per
Letter of Conditions, the grant agreement, and this Notice. No funds
will be disbursed prior to the Agency's receipt of the fully executed
grant agreement. Funding requests may be submitted for allowable costs
up to monthly and must include the appropriate supporting
documentation, which may include copies of payments made to contractors
and other parties, and evidence of the completed work. Payment requests
must be submitted using form SF-270, ``Request for Advance or
Reimbursement,'' or similar agency approved substitute. The grantee is
responsible for the monitoring and oversight of any construction,
including the monitoring of progress related to the goals and
objectives and any reporting required in Section F.3. of this Notice.
Construction must be performed in accordance with 7 CFR 1780, sections
1780.57, 1780.61, and 1780.67 through 1780.76.
(d) Scope of Services. The scope of work will be attached to the
executed grant agreement. Related to non-reimbursement construction
applications, the grantee is responsible for ensuring that all
contractual, legal, and program requirements are met prior to starting
work. Construction projects that require refinement to the scope of
work post-obligation will provide an updated scope of work prior to
proceeding with any design or entering into any contracts. RUS will
review the scope of work to ensure that the project costs are eligible
and then affix the revised scope of work to the grant agreement. The
grantee must ensure that any updated scope of work documents meet all
accessibility, civil rights, environmental, and other applicable
standards.
Any change in the scope of the project, budget adjustments of more
than 20 percent of the total budget, or any other significant change in
the project scope must be reported to and approved by the approval
official by written amendment to the grant agreement. Any change not
properly approved may be cause for termination of the grant.
2. Administrative and National Policy Requirements. There are no
known
[[Page 40780]]
unusual Administrative and National Policy Requirements associated with
the CY 2022 Disaster Water Grants Program. This Notice is subject to
the terms and requirements of Departmental and other regulations,
including 2 CFR parts 180, 182, 200, 400, 421 and any successor
regulations implementing the appropriate administrative and national
policy requirements.
3. Reporting. Performance reporting, including applicable forms,
narratives, financials, and other documentation, are to be completed
and submitted in accordance with the provisions of this Notice, 2 CFR
parts 200 and 400, and the grant agreement. Further, all grantees must
submit an audit or financial information covering the defined period of
performance as outlined in this Notice, 2 CFR part 200, subpart F, and
the grant agreement.
As outlined in Section F.1. of this Notice, Grant recipients shall
constantly monitor performance to ensure that time schedules are being
met, projected work by time periods is being accomplished, and other
performance objectives are being achieved. The recipient will provide
project reports to the Agency as follows:
(a) ``Federal Financial Report (SF 425)'' and Project Performance
Report. An SF 425 and a project performance activity report will be
required of all recipients on a quarterly basis, due 30 days after the
end of each quarter.
(b) Final Project Performance Report. A final project performance
report will be required with the last SF 425 due 90 days after the end
of the last quarter in which the project is completed.
(c) Financial Reporting. The recipient will provide an audit report
or financial statements to the Agency as follows:
(1) Recipients expending $750,000 or more Federal funds per fiscal
year will submit an audit conducted in accordance with 2 CFR part 200.
The audit will be submitted within the earlier of 30 calendar days
after receipt of the auditor's report(s), or nine months after the
recipient's fiscal year. Additional audits may be required if the
project period covers more than one fiscal year.
(2) Recipients expending less than $750,000 will provide annual
financial statements covering the grant period, consisting of the
organization's statement of income and expense and balance sheet signed
by an appropriate official of the organization. Financial statements
will be submitted within 90 days after the recipient's fiscal year.
G. Federal Awarding Agency Contact(s)
For general questions about this announcement, please see the
contact information provided in the For Further Information Contact
section of this Notice.
H. Other Information
1. Congressional Review Act Statement. Pursuant to subtitle E of
the Small Business Regulatory Enforcement Fairness Act of 1996 (also
known as the Congressional Review Act or CRA); 5 U.S.C. 801 et seq.,
the Office of Information and Regulatory Affairs in the Office of
Management and Budget designated this action as a major rule as defined
by 5 U.S.C. 804(2), because it is likely to result in an annual effect
on the economy of $100,000,000 or more. Accordingly, there is a 60-day
delay in the effective date of this action, and the Agency will not
take action on applications until the later of 60 days after
notification to Congress or August 21, 2023.
2. 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 program, as covered in this
Notice, have been approved by the Office of Management and Budget (OMB)
under OMB Control Number 0572-0121.
3. National Environmental Policy Act. All recipients under this
Notice are subject to the requirements of 7 CFR part 1970.
4. 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 sub-awards and executive total
compensation in accordance with 2 CFR part 170, Reporting sub-award and
executive compensation information.
5. 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 (7 CFR 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.
6. 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:
(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#7c0c0e131b0e1d11521512081d17193c090f181d521b130a"><span class="__cf_email__" data-cfemail="e595978a82978488cb8c8b91848e80a590968184cb828a93">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Andrew Berke,
Administrator, Rural Utilities Services, USDA Rural Development.
[FR Doc. 2023-13232 Filed 6-21-23; 8:45 am]
BILLING CODE 3410-15-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 22, 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.