Notice2024-23854
Notice of Funding Opportunity for the Rural Energy for America Program for Fiscal Years 2025, 2026, and 2027
Primary source
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Published
October 16, 2024
Issuing agencies
Agriculture DepartmentRural Business-Cooperative Service
Abstract
The Rural Business-Cooperative Service (RBCS or the Agency), a Rural Development (RD) agency of the United States Department of Agriculture (USDA) is issuing a Notice of Funding Opportunity (NOFO) to announce acceptance of grant, guaranteed loan, and combined grant and guaranteed loan applications under the Rural Energy for America Program (REAP). This notice announces the deadlines, dates, and times that applications must be received in order to be considered for REAP funds. The NOFO is being issued for Fiscal Years (FY) 2025, 2026, and 2027. The notice will not be applied retroactively to any applications previously filed. Applications received the date following the publication of this notice through September 30, 2027, will be evaluated and scored according to the provisions listed in this notice, unless otherwise amended via a subsequent notice.
Full Text
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<title>Federal Register, Volume 89 Issue 200 (Wednesday, October 16, 2024)</title>
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[Federal Register Volume 89, Number 200 (Wednesday, October 16, 2024)]
[Notices]
[Pages 83449-83455]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23854]
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DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
[Docket No. RBS-24-BUSINESS-0015]
Notice of Funding Opportunity for the Rural Energy for America
Program for Fiscal Years 2025, 2026, and 2027
AGENCY: Rural Business-Cooperative Service, USDA.
ACTION: Notice.
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SUMMARY: The Rural Business-Cooperative Service (RBCS or the Agency), a
Rural Development (RD) agency of the United States Department of
Agriculture (USDA) is issuing a Notice of Funding Opportunity (NOFO) to
announce acceptance of grant, guaranteed loan, and combined grant and
guaranteed loan applications under the Rural Energy for America Program
(REAP). This notice announces the deadlines, dates, and times that
applications must be received in order to be considered for REAP funds.
The NOFO is being issued for Fiscal Years (FY) 2025, 2026, and 2027.
The notice will not be applied retroactively to any applications
previously filed. Applications received the date following the
publication of this notice through September 30, 2027, will be
evaluated and scored according to the provisions listed in this notice,
unless otherwise amended via a subsequent notice.
DATES: As provided for in 7 CFR 4280.122, the Agency, by this notice,
is decreasing the number of competitions for Renewable Energy Systems
and Energy Efficiency Improvements (RES/EEI). The application deadline
date and time as outlined in 7 CFR 4280.156(a) for Energy Audit and
Renewable Energy Development Assistance (EA and REDA) remains
unchanged. RES/EEI and Energy Efficient Equipment and systems (EEE)
guaranteed loan applications are completed on an ongoing basis in
accordance with 7 CFR 5001.315. See section D.4. of this notice for
details on future RES/EEI grant competitions.
ADDRESSES: You are encouraged to contact your USDA RD State Energy
Coordinator well in advance of the application deadline to discuss your
project and ask any questions about the application process. Contact
information for State Office Energy Coordinators can be found at
<a href="http://rd.usda.gov/files/RBS_StateEnergyCoordinators.pdf">rd.usda.gov/files/RBS_StateEnergyCoordinators.pdf</a>.
Program guidance and application forms may be obtained at
<a href="http://rd.usda.gov/programs-services/all-programs/energy-programs">rd.usda.gov/programs-services/all-programs/energy-programs</a>. To submit
an electronic application via <a href="http://grants.gov">grants.gov</a>, follow the instructions for
the REAP funding announcement located at <a href="http://www.grants.gov">www.grants.gov</a>.
FOR FURTHER INFORMATION CONTACT: Jonathan Burns, Programs Management
Division, RBCS, USDA, 1400 Independence Avenue SW, Mail Stop 3226, Room
5801-S, Washington, DC 20250-3226, Phone: (774) 678-7238 or Email
<a href="/cdn-cgi/l/email-protection#f8bba89f8a99968c8bb88d8b9c99d69f978e"><span class="__cf_email__" data-cfemail="4f0c1f283d2e213b3c0f3a3c2b2e61282039">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Overview
Federal Awarding Agency Name: USDA, Rural Business-Cooperative
Service.
Funding Opportunity Title: Rural Energy for America Program (REAP).
Announcement Type: Notice of Funding Opportunity.
Funding Opportunity Number: RDBCP-REAP-RES-EEI-2025-2026-2027.
Assistance Listing Number: 10.868.
Dates: As provided for in 7 CFR 4280.122, the Agency, by this
notice, is decreasing the number of competitions for RES/EEI. The
application deadline date and time as outlined in 7 CFR 4280.156(a) for
EA/REDA remains unchanged. RES/EEI and EEE guaranteed loan applications
are completed on an ongoing basis in accordance with 7 CFR 5001.315.
See section D.4 of this notice for details on future RES/EEI grant
competitions.
Rural Development Key Priorities: The Agency encourages applicants
to consider projects that will advance the following key priorities
(more details available at <a href="http://www.rd.usda.gov/priority-points">www.rd.usda.gov/priority-points</a>):
<bullet> Creating More and Better Markets: Assist rural communities
to recover economically through more and better market opportunities
and through improved infrastructure.
<bullet> Addressing Climate Change and Environmental Justice:
Reduce climate pollution and increase resilience to the impacts of
climate change through economic support for rural communities.
<bullet> Advancing Racial Justice, Place-Based Equity, and
Opportunity: Ensure all rural residents have equitable access to RD
programs and benefits from RD funded projects.
[[Page 83450]]
A. Program Description
1. Purpose of the Program. The Agency provides grants, guaranteed
loans, and combined grant and guaranteed loan combinations through the
REAP program to help agricultural producers and rural small businesses,
including those Tribally owned or Tribal member owned, reduce energy
costs and consumption and helps meet the Nation's critical energy
needs. The REAP has two types of funding assistance: RES/EEI assistance
and EA and REDA grants.
2. Statutory and Regulatory Authority. REAP is authorized by
section 9007 of the Farm Security and Rural Investment Act of 2002, as
amended, codified at 7 U.S.C. 8107 and is implemented by 7 CFR 4280
subpart B (<a href="http://ecfr.gov/current/title-7/subtitle-B/chapter-XLII/part-4280#part-4280">ecfr.gov/current/title-7/subtitle-B/chapter-XLII/part-4280#part-4280</a>) and 7 CFR part 5001 (<a href="http://ecfr.gov/current/title7/subtitle-B/chapter-L/part-5001">ecfr.gov/current/title7/subtitle-B/chapter-L/part-5001</a>). The Inflation Reduction Act (IRA) of 2022
provides additional authorities for REAP (Public Law 117-169, section
22002).
3. Definitions. The definitions applicable to this notice are
published at 7 CFR 4280.103 and 7 CFR 5001.3. For the purpose of this
notice only, underutilized renewable energy technologies (underutilized
technologies) are defined as those technologies which do not produce
greenhouse gases at the project level and make up less than 20 percent
of the total grant dollars obligated at the end of the fiscal year, two
(2) years previous to the current year. For example, FY 2023 award data
will be utilized to determine which technologies are underutilized
technologies for the FY 2025 competition.
4. Application of Awards. The Agency will review, evaluate and
score applications based on the provisions found in 7 CFR 4280, subpart
B, 7 CFR 5001, 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
regardless of whether or not funding is appropriated for the REAP
program or whether or not the applicant is ultimately successful.
B. Federal Award Information
Type of Award: Competitive grants and guaranteed loans.
Fiscal Year Funds: FYs 2025, 2026, and 2027.
Available Funds: The collective funding is anticipated to be at
least $600,000,000 divided as indicated below:
a. IRA funding--Approximately $180,000,000 per Federal FY.
b. IRA underutilized renewable energy technology set aside
funding--Approximately $20,000,000 per Federal FY.
The Agency may, at its discretion, increase the total level of
funding available in this funding round (or in any category in this
notice) from any available source provided the awards meet the
requirements of the statute which made the funding available to the
Agency.
Award Amounts: See Funding Restrictions in section E of this notice
for minimum and maximum award amounts.
Anticipated Award Date: State competitions will be held after the
close of each application window as described in section D.4 of this
notice. States with high volumes may experience delays in their ability
to conduct competitions. Stakeholders are encouraged to contact State
Energy Coordinators to determine estimated dates of when their
competition will be finalized. A list of State Energy Coordinators can
be found at <a href="http://rd.usda.gov/sites/default/files/RBS_StateEnergyCoordinators.pdf">rd.usda.gov/sites/default/files/RBS_StateEnergyCoordinators.pdf</a>.
Performance Period: Up to 24 months for grants. Guaranteed loans
are governed by the loan terms.
Renewal or Supplemental Awards: None.
Type of Assistance Instrument: Grant, guaranteed loan, and grant
and guaranteed loan combined funding.
Approximate Number of Awards: The collective estimated number of
awards under this notice is 6,000 based on the three FYs included in
the notice and will depend on the actual amount of funds made available
and on the number of eligible applicants participating in this program.
C. Eligibility Information
1. Eligibility Requirements. Eligibility requirements for the
applicant, borrower, lender, and project (as applicable) are clarified
in 7 CFR part 4280, subpart B and in 7 CFR part 5001 and are summarized
in this notice. Failure to meet the eligibility criteria by the time of
the competition window will preclude the application from competing
until all eligibility criteria have been met.
2. Eligible Borrowers and Lenders. To be eligible for the
guaranteed loan portion of the program, borrowers must meet the
eligibility requirements in 7 CFR 5001.126 and lenders must meet the
eligibility requirements in 7 CFR 5001.130.
3. Eligible Projects. To be eligible for the program, a project
must meet the eligibility requirements specified in 7 CFR 4280.113 for
RES/EEI grant; 7 CFR 4280.150 for EA/REDA grant; 7 CFR 4280.137 for
RES/EEI combined grant and guaranteed loan; and 7 CFR 5001.106 through
5001.108, as applicable, for RES/EEI/EEE loan guarantees. For RES/EEI
grants:
a. Applicants are advised against starting construction prior to
the Agency's completion of its environmental review process. Even if
construction starts before the environmental review process is
completed, the application may ultimately be determined to be
ineligible.
b. Only projects that have been determined by the Agency to have
technical merit, as determined using the procedures specified in 7 CFR
4280.117, are eligible for program funding.
c. Pursuant to the definition of Renewable Energy System in 7 CFR
4280.103, RES projects that include components and ancillary
infrastructure such as flexible fuel pumps or electric vehicle charging
stations may not be networked or utilize network management software
that allows for payment processing as these systems include a mechanism
for dispensing energy at retail.
4. Cost Sharing or Matching. Matching requirements for each type of
funding, as applicable, are outlined in 7 CFR 4280.115 (b) for RES/EEI
grant; and 7 CFR 4280.137 for RES/EEI combined grant and guaranteed
loan.
5. Other:
a. Ineligible project costs.
i. Ineligible project costs are defined at: 7 CFR 4280.115(d) for
RES/EEI grant and combined grant and guaranteed loans; 7 CFR
4280.152(c) for EA/REDA grant; and 7 CFR 4280.137 (j)(5) and 5001.122
for RES/EEI/EEE loan guarantees.
ii. Applicants are advised to not incur project costs, prior to
Agency acknowledgement of a complete and eligible application. Pursuant
to 7 CFR 4280.115(c) and 7 CFR 4280.152(b), any costs incurred prior to
your complete application date are considered ineligible project costs.
Final Federal grant share amounts are calculated at the time of
reimbursement and are based on the documented total eligible project
costs. Awardees must provide evidence of costs incurred at the time of
reimbursement. Having ineligible project costs could result in
receiving a lower Federal grant share amount than originally requested
or approved, or a determination that a project is ineligible.
b. Other compliance requirements.
i. Debarment and Suspension. According to 2 CFR parts 180 subpart C
[[Page 83451]]
and 2 CFR part 417, participants in covered transactions must verify
that the person with whom you intend to do business is not excluded or
disqualified. You, as a participant, may not enter into a covered
transaction with an excluded person, unless the Federal agency for the
transaction grants an exception. You can verify the person with whom
you intend to do business is not excluded or disqualified by checking
the System for Awards Management (SAM) exclusions, collecting a
certification from that person, or adding a clause or condition to the
covered transaction with that person.
ii. Federal Laws and Regulations. Applicants are subject to all
applicable Federal laws and regulations, including USDA Departmental
Regulations. Sections D and E of this notice contain other compliance
requirements.
iii. Hemp Production.
A. The Agriculture Improvement Act of 2018, Public Law 115-334, as
amended, (the 2018 Farm Bill) requires USDA to promulgate regulations
and guidelines to establish and administer a program for the production
of hemp in the United States.
B. In determining eligibility for the applicant, project or use of
funds, any project applying for funding under the REAP program and
proposing to produce, procure, supply or market any component of the
hemp plant or hemp related by-products, or provide technical assistance
related to such products, must have a valid license from an approved
State, Tribal or Federal plan pursuant to section G of the Agricultural
Marketing Act of 1946, as amended, to be in compliance with regulations
published by the Agricultural Marketing Service at 7 CFR part 990, and
meet any applicable U.S. Food and Drug Administration and U.S. Drug
Enforcement Administration regulatory requirements. Verification of
valid hemp licenses will occur prior to award. In addition, all
projects proposing to use biomass feedstock from any part of the hemp
plant must demonstrate assurance of an adequate supply of the
feedstock.
D. Application and Submission Information
1. Address to Request Application Package. Application materials
may be obtained by contacting the RD Energy Coordinator for the State
where the proposed project will be located, as identified via the
following link: <a href="http://rd.usda.gov/files/RBS_StateEnergyCoordinators.pdf">rd.usda.gov/files/RBS_StateEnergyCoordinators.pdf</a>. In
addition, for grant applications, applicants may obtain electronic
grant applications for REAP from <a href="http://grants.gov">grants.gov</a>.
2. Content and Form of Application Submission. Applicants seeking
to participate in this program must submit applications in accordance
with this notice, 7 CFR part 4280 subpart B and 7 CFR part 5001, as
applicable.
a. Applicants must submit complete applications by the dates
identified in section D.4., of this notice, containing all parts
necessary for the Agency to determine applicant and project
eligibility, to score the application, and to conduct the technical
merit evaluation, as applicable, in order to be considered. The Agency
encourages the applicant to reach out to their Energy Coordinator to
determine application status. The applicant bears all risk should they
incur project costs or commence construction activities prior to Agency
notification of a complete and eligible application and the completion
of an environmental review.
b. Applicants must submit one original, hardcopy or electronic
application to the appropriate RD Energy Coordinator for the State
where the applicant's proposed project will be located, or for grant
applications, submission may be via <a href="http://grants.gov">grants.gov</a> or through other means
identified on the Agency program website. A list of USDA RD State
Office Energy Coordinators is available via the following link:
<a href="http://rd.usda.gov/files/RBS_StateEnergyCoordinators.pdf">rd.usda.gov/files/RBS_StateEnergyCoordinators.pdf</a>.
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. 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="http://sam.gov/content/entity-registration">sam.gov/content/entity-registration</a>.
b. Applicants 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. Applicants 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. Grant applications, guaranteed loan-
only applications, and combined grant and guaranteed loan applications
for financial assistance may be submitted at any time the application
window is open and will compete accordingly based on the application
window submission deadlines. To be considered for funds under this
notice, complete applications must be received by the appropriate USDA
RD State Office Energy Coordinator, regardless of postmark, or via
<a href="http://www.grants.gov">www.grants.gov</a> by 4:30 p.m. local time on the application window
submission deadline. The complete application date is the date the
Agency receives the last piece of information that allows the Agency to
determine eligibility and to score, rank, and compete the application
for funding. The Agency will not solicit or consider new scoring or
eligibility information that is submitted after the application
deadline. The Agency also reserves the right to ask applicants for
clarifying information and additional verification of assertions in the
application.
The Agency encourages applicants to reach out to their Energy
Coordinator to determine application status. When an application window
closes, the next application window opens on the following day, if
applicable. An application received after the window closing date will
be considered with other complete applications received in the next
application window. If the competition deadline falls on a weekend or a
federally observed holiday, the next Federal business day will be
considered last day for receipt of a complete application. Applications
not funded in a given competition will rollover to the next
competition.
Applications will compete based upon on the dollar amount of grant
request (set aside or unrestricted), the percent of Federal grant share
to total project cost, or if the definition of underutilized
technologies, as defined in section A.3. is met.
a. RES/EEI grant applications. As provided for in 7 CFR 4280.122,
the Agency, by this notice, is updating when applications will be
accepted and the number of competitions for RES/EEI grant applications.
All application deadlines listed below apply to all grants, regardless
of the amount requested.
i. Application window opening. The Agency will be accepting
applications
[[Page 83452]]
between July 1 and March 31 of each year covered under this notice.
Competition deadlines are outlined below. In order to compete for
funding in a competition cycle outlined below, a complete application
must be received by the Agency before the deadline. Applicants may only
have one active application for assistance per project regardless of
Fiscal Year.
ii. Application window closing. The Agency will not be accepting
applications between April 1 and June 30 of each year covered under
this notice. If the Agency receives an application during this time, it
will not be reviewed or processed, and the application will be
returned.
iii. Application deadlines.
A. The following additional application deadlines are being
announced for FY 2025:
(1) December 31, 2024; and
(2) March 31, 2025.
B. The following application deadlines are being announced for FY
2026:
(1) September 30, 2025;
(2) December 31, 2025; and
(3) March 31, 2026.
C. The following application deadlines are being announced for FY
2027:
(1) September 30, 2026;
(2) December 31, 2026; and
(3) March 31, 2027.
iv. Underutilized technologies. Only projects that propose the use
of underutilized technologies will be eligible for set aside funding.
Any unused underutilized technology set aside funding will revert to
the general program funds on an annual basis.
v. National Office competition(s). National Office pooled
competitions will be conducted on an as needed basis based on when
projects are ready to compete. State allocated restricted funds will be
pooled on or about June 1. Pooled restricted funds will first be used
to fund eligible unselected requests of $20,000 or less. Any unused
restricted funds may be made available to supplement National Office
Reserve Account.
A. State allocated unrestricted funds will be pooled on or about
August 1. Pooled unrestricted funds will first be used to fund eligible
unselected requests of more than $20,000.
B. Applications may compete in National Office competitions
provided it has competed in at least one State competition.
vi. Incomplete applications. If an application is determined to not
be a complete application according to 7 CFR 4280.103, the applicant
will have 15 business days to complete their application otherwise
their application will be withdrawn. If the Agency requires additional
clarification or documentation to determine applicant or project
eligibility, applicants will have 15 business days to provide the
information otherwise their application will be withdrawn. Please see
Review and Selection Process under section E.2. for additional
information.
b. EA/REDA grant applications. The application deadline date and
time for the EA/REDA grants as outlined in 7 CFR 4280.156(a) remains
unchanged. Complete applications must be received by 4:30 p.m. local
time on January 31 of each year.
c. RES/EEI and Energy Efficient Equipment and Systems (EEE)
guaranteed loans. Applications are competed on an ongoing basis in
accordance with 7 CFR 5001.315.
5. Intergovernmental Review. REAP is not subject to Executive Order
12372, Intergovernmental Review of Federal Programs.
6. Funding Restrictions. The following funding limitations apply to
applications submitted under this notice.
a. RES/EEI grant funds. IRA funds will be available to fund
requests that do not exceed 50 percent of total eligible project costs.
Farm Bill funds and annual appropriated funds, if any, may become
available to fund requests that do not exceed 25 percent of total
eligible project costs.
i. Maximum grant assistance. As provided for in 7 CFR 4280.115,
modification is being made, via this notice, to increase the maximum
grant assistance noted in 7 CFR 4280.115(a)(3). Projects receiving IRA
grant funding are eligible for up to $1,000,000 for an RES project and
$500,000 for an EEI project. Applicants can compete and be awarded only
one RES grant and one EEI grant in a FY, which includes the grant
portion of a combined funding request. Applicants may only have one
active application for assistance per project regardless of FY.
Entities that share common management or ownership, regardless of
percent owned, either directly or indirectly through another entity or
person, have an aggregated funding limit of $500,000 in EEI awards and
$1 million in RES awards per Federal Fiscal Year.
ii. Maximum request. As provided for in 7 CFR 4280.115,
modification is being made, via this notice, to increase the maximum
request noted in 7 CFR 4280.115(a)(2). The maximum request for a RES
grant application is $1,000,000 and the maximum request for an EEI
grant application is $500,000.
A. Pursuant to section 22002 of the IRA, the Federal grant portion
of a project utilizing IRA funds cannot exceed 50 percent of total
eligible project costs. Applications submitted on or after the next
business day following the publication of the notice are subject to the
requirements of this notice, unless otherwise specified in a subsequent
Federal Register notice. Projects are eligible for up to 50 percent
Federal grant share from IRA funds if the project meets one of the
following criteria:
(1) Is a renewable energy system or retrofit of a renewable energy
system that produces zero greenhouse gas emissions (carbon dioxide
(CO<INF>2</INF>), methane (CH<INF>4</INF>), nitrous oxide
(N<INF>2</INF>O), or fluorinated gases) at the project level;
(2) Is located in an Energy Community as defined in 26 U.S.C.
45(b)(11)(B), and as determined by the Department of Energy;
(3) Is an energy efficiency improvement project; or
(4) Is a project proposed from an eligible Tribal corporation or
other Tribal Business entities (including Tribal agriculture
operations) as described in 7 CFR part 4280.
All other applications, such as biomass and biogas projects, are
eligible for up to 25 percent Federal grant share from IRA funds. The
Federal grant portion of a project utilizing appropriations bills,
continuing resolutions, or supplemental appropriations bills, cannot
exceed 25 percent of total eligible project costs. Sources of REAP
grant funds cannot be combined to fund a project. Loan and grant
combination applications may use IRA grant funds and mandatory Farm
Bill loan funds to fund a project.
B. For RES grants, the minimum request is a total project cost
threshold of $10,000; therefore, at 25 percent funding the minimum
grant request is $2,500, and at 50 percent funding the minimum grant
request is $5,000. The maximum grant request is $1,000,000. For EEI
grants, the minimum request is a total project cost threshold of
$6,000, therefore at 25 percent funding the minimum grant request is
$1,500 and at 50 percent funding the minimum grant request is $3,000.
The maximum grant request is $500,000. These minimum and maximum limits
also apply to the grant portion of a combined funding request.
C. For RES/EEI/EEE loan guarantees or the loan guaranteed portion
of a combined funding request, the minimum REAP guaranteed loan amount
is $5,000, and the maximum
[[Page 83453]]
amount of a guaranteed loan to be provided to a borrower is $25
million. REAP guaranteed loan requests and combined grant and
guaranteed loan requests will not exceed 75 percent of total eligible
project costs, with the portion of any grant requests under this notice
not exceeding 25, or 50 percent of total eligible project costs, as
applicable to the source of grant funds and grant funding provisions as
outlined in this notice.
iii. Disbursement. Pursuant to section 22002(c) of the IRA, the
Secretary shall not enter into a loan agreement that may result in a
disbursement after September 30, 2031, or a grant with an outlay after
September 30, 2031. Applicants should plan accordingly.
b. EA/REDA applications.
i. Applicants may submit only one EA grant application and one REDA
grant application in a FY. Separate applications must be submitted for
EA funding and REDA funding. If an application is submitted for both EA
and REDA funding or if an application's scope of work includes both EA
and REDA activities, it will be determined ineligible for competition.
The maximum aggregate amount of EA and REDA grant awards to any one
recipient cannot exceed $100,000 in a FY.
ii. Applicants that have received one or more grants under this
program must have made satisfactory progress per 7 CFR 4280.110(a)
before being considered for funding.
iii. The 2018 Farm Bill mandates that the recipient of an EA grant
must require the agricultural producer or rural small business
receiving the energy audit to pay at least 25 percent of the cost of
the energy audit, which shall be retained by the grantee for the cost
of the audit.
E. Application Review Information
1. Criteria. Unless otherwise specified in a subsequent Federal
Register notice, all complete applications received on or after the
next business day following the publication of this notice will be
scored in accordance with the following.
a. RES/EEI grant applications and RES/EEI combined grant and loan
guarantee requests received between March 31, 2023, and September 30,
2024, or the business day before publication of this notice whichever
happens last will be scored according to the notice published in the
Federal Register on March 31, 2023, at 88 FR 19239.
b. As provided for in 7 CFR 4280.121, the Agency, by this notice,
is updating RES/EEI grants and RES/EEI combined grant and loan
guarantee scoring criteria. Applications submitted on or after the next
business day following the publication of the notice will be scored
based on the criteria identified below.
i. Existing business and size of request, 7 CFR 4280.121(e) and (g)
will be removed from the scoring criteria.
ii. 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 wellbeing. 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="http://ruraldevelopment.maps.arcgis.com/apps/webappviewer/index.html?id=4acf083be4c44bb7864d90f97de0c788">ruraldevelopment.maps.arcgis.com/apps/webappviewer/index.html?id=4acf083be4c44bb7864d90f97de0c788</a>. Points
will be awarded if any portion of the project site is located within a
disadvantaged or distressed communities.
iii. Environmental benefits, 7 CFR 4280.121(a) is being increased
to a maximum of 10 points, and points will be awarded as follows: All
projects which do not produce greenhouse gases at the project level
will be awarded five (5) points and may be considered for up to a
maximum of 10 points. Applicants must provide a detailed narrative or
analysis to support additional environmental benefits. One point will
be awarded for each of the five sub-criteria for documented
environmental benefit supported by the project. Each additional benefit
must be directly attributable to the RES/EEI project and assessed at
the project level; (1) does not convert farmland; (2) does not
contribute to deforestation or addresses fire hazards on forest lands;
(3) documented water conservation; (4) complies with EPA's renewable
fuel standards; and (5) at least 25 percent of project components are
biobased.
iv. Commitment of funds, 7 CFR 4280.121(c) is being decreased to a
maximum of 10 points.
v. State Director and Administrator priority points, 7 CFR
4280.121(h) have been modified as shown in item F.1.e. below.
vi. The remaining scoring criteria, energy generated, replaced or
saved; previous grantees and borrowers; and simple payback, 7 CFR
4280.121 (b), (d), and (f), respectively, remain as stated in the
regulation.
c. EA/REDA grants will be scored based on 7 CFR 4280.155.
d. RES/EEI/EEE guaranteed loans will be scored based on 7 CFR
5001.319 and item F.1.e. below.
e. State Director or Administrator priority points are found in 7
CFR 4280.121(h), 4280.137(h), and 5001.319(g). For the purposes of this
notice, the State Director or Administrator at their discretion may
award up to 10 priority points maximum. The maximum of 5 points will be
awarded for projects which meets the following criterion:
Ensuring all rural residents have equitable access to RD programs
and benefits from RD funded projects. Using the Social Vulnerability
Index (SVI) Look-Up Map (available at <a href="http://rd.usda.gov/priority-pointsrd.usda.gov/priority-points">rd.usda.gov/priority-pointsrd.usda.gov/priority-points</a>), an applicant would receive priority
points:
<bullet> The project is located in or serving a community with
score 0.75 or above on the SVI;
<bullet> The applicant is a federally recognized Tribe, including
Tribal instrumentalities and entities that are wholly owned by Tribes;
or
<bullet> Is a project where at least 50 percent of the project
beneficiaries are members of federally recognized Tribes and non-Tribal
applicants include a Tribal Resolution of Consent from the Tribe or
Tribes that the applicant is proposing to serve.
<bullet> The application is from or benefiting a Rural Partner's
Network's (RPN) community network. Currently RPN Networks exist in
Alaska, Arizona, Georgia, Kentucky, Mississippi, Nevada, New Mexico,
North Carolina, Puerto Rico, West Virginia and Wisconsin. Use the
Community Look-Up map (available at <a href="http://rd.usda.gov/priority-pointsrd.usda.gov/priority-points">rd.usda.gov/priority-pointsrd.usda.gov/priority-points</a>) to determine if your project
qualifies for priority points.
Up to an additional 5 points may be awarded based on the following
criteria:
i. Selecting the application helps achieve geographic diversity,
which may include points based upon the size of the funding request;
ii. The applicant is a member of an unserved or underserved
population.
A. Owned by a veteran, including but not limited to individuals as
sole
[[Page 83454]]
proprietors, members, partners, stockholders, etc., of not less than 20
percent. To receive points, applicants must provide a statement in
their application to indicate that owners of the project have veteran
status; or
B. Owned by a member of a socially disadvantaged group, which are
groups whose members have been subjected to racial, ethnic, or gender
prejudice because of their identity as members of a group without
regard to their individual qualities. To receive points, the
application must include a statement in their application to indicate
that the owners of the project are members of a socially disadvantaged
group;
iii. The proposed project is in a federally declared major disaster
area. Declarations must be within the last 2 calendar years; or
iv. The proposed project is located in
A. An area where 20 percent or more of its population is living in
poverty over the last 30 years, as defined by the United States Census
Bureau, or
B. An area that has experienced long-term population decline, or
loss of employment.
Except for veteran and socially disadvantaged group status, all
other priority points are based upon project location specific criteria
which will be documented automatically by the Agency. State Director or
Administrator priority points for a REAP application cannot exceed 10
points total.
2. Review and Selection Process. Each application will be reviewed
for completeness. If an application does not meet the definition of
complete application, according to 7 CFR 4280.103, the Agency will send
a notification identifying those parts of the application that are
incomplete, and no further action will be taken on the application.
The Agency will give 15 business days for applicants to provide the
missing documentation. The application will be withdrawn, and the
applicant notified if the required documentation is not received within
the 15 business days or if the information submitted by the deadline is
insufficient.
Application processing will continue if all documentation is
received timely and is sufficient to meet the definition of a complete
application.
Once an application is deemed complete, the Agency will review for
applicant and project eligibility as well as for financial and
technical feasibility. If the Agency requires additional clarification
or documentation, the Agency will send a notification and give a second
15 business day window for the applicant to provide the information
needed for applicant and project eligibility and financial and
technical feasibility.
The application will be withdrawn, and the applicant notified if
the required information is not received within the 15 business days or
if the information submitted by the deadline is insufficient.
Application processing will continue if all information is received
timely and is sufficient for determining applicant and project
eligibility as well as for financial and technical feasibility. The
applicant will then receive a notification of the eligibility review
outcome.
F. Federal Award Administration Information
1. Federal Award Notices
a. Each applicant and/or lender, as applicable, will be notified of
the Agency's decision on their application.
b. If selected for funding, applicants will receive a notification
from the Agency via postal service or email. Selection notification
does not ensure grant approval. If selected, a Letter of Conditions
will be prepared establishing conditions that must be agreed to by the
applicant before any obligation of funds can occur. Letters of
Condition will be sent with Form RD 1942-46, ``Letter of Intent to Meet
Conditions'', and Form RD 1940-1, ``Request for Obligation of Funds.''
Applicants must complete, sign, and return Form RD 1942-46 and RD 1940-
1 if they accept the conditions of the grant.
c. If not selected for funding, a notification will be provided via
postal service or email and will include any review and or appeal
rights.
2. Administrative and National Policy Requirements
a. Additional Requirements.
i. Additional requirements that apply to applicants selected for a
program award can be found in 7 CFR part 4280, subpart B, or 7 CFR part
5001; the Grants and Agreements regulations of the Department of
Agriculture codified in 2 CFR parts 180, 200, 400, 415, 417, 418, 421;
2 CFR part 25, and successor regulations to these parts. The following
additional completed documents are required for Applicants selected for
a program award:
A. RD 4280-2, ``Financial Assistance Agreement.''
B. Form RD-400-4, ``Assurance Agreement.''
C. Form RD-400-1 ``Equal Opportunity Agreement.''
D. SF LLL, ``Disclosure of Lobbying Activities,'' if applicable.
b. Build America, Buy America Act. 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 IIJA. Any requests for waiver of these requirements
must be submitted pursuant to USDA's guidance available online at
<a href="http://usda.gov/ocfo/federal-financial-assistance-policy/USDABuyAmericaWaiver">usda.gov/ocfo/federal-financial-assistance-policy/USDABuyAmericaWaiver</a>.
c. Geospatial Data. Awardee, and any and all contracts entered into
by the Awardee with respect to the Award, shall ensure that geospatial
data required to be collected and provided to the agency, conforms with
the requirements of USDA Department Regulation DR-3465-001 and the
Geospatial Metadata Standards set forth in DM 3465-001, which can be
obtained online at <a href="http://usda.gov/directives/dr-3465-001andusda.gov/directives/dm-3465-001">usda.gov/directives/dr-3465-001andusda.gov/directives/dm-3465-001</a>.
d. Transparency Act Reporting. All recipients of Federal financial
assistance are required to report information about first-tier
subawards and executive compensation in accordance with 2 CFR part 170.
If an applicant does not have an exception pursuant to 2 CFR 170.105,
the applicant must then ensure that they have the necessary processes
and systems in place to comply with the reporting requirements to
receive funding.
e. Race, ethnicity, and gender. The Agency is requesting that each
applicant provide race, ethnicity, and gender information about the
applicant. The information will allow the Agency to evaluate its
outreach efforts to underserved and under-represented populations.
Applicants are encouraged to furnish this information with their
application but are not required to do so. An applicant's eligibility
or the likelihood of receiving an award will not be impacted by
furnishing or not furnishing this information.
3. Reporting. The Agency will service RES and EEI grants in
accordance with 7 CFR 4280.124 and 2 CFR part 400. The following will
be required, as indicated in the Financial Assistance Agreement, and
specified at 7 CFR 4280.124(i):
a. An SF-425, ``Federal Financial Report,'' and a project
performance report will be required on a semiannual basis (due 30
working days after end of the semiannual period) between grant approval
and completion (i.e., construction) of the project. For the purposes of
this grant, semiannual
[[Page 83455]]
periods end on June 30 and December 31 of each year. The project
performance reports shall include the elements prescribed in the
Financial Assistance Agreement.
b. Form RD 4280-3D, `Annual Outcome Project Performance
Certification' as outlined in 7 CFR 4280.124(i)(3), must be provided by
grantee once the project has been constructed.
c. A final project and financial status report must be provided
within 120 days after the expiration or termination of the grant as
outlined in 7 CFR 4280.124(i)(2)(ii).
G. Federal Awarding Agency Contacts
For general questions about this announcement, please contact
Jonathan Burns at <a href="/cdn-cgi/l/email-protection#d79487b0a5b6b9a3a497a2a4b3b6f9b0b8a1"><span class="__cf_email__" data-cfemail="b5f6e5d2c7d4dbc1c6f5c0c6d1d49bd2dac3">[email protected]</span></a> or (774) 678-7238. The Agency
website also provides up to date contact information at <a href="http://rd.usda.gov/programs-services/energy-programs/rural-energy-america-program-renewable-energy-systems-energy-efficiency-improvement-guaranteed-loans">rd.usda.gov/programs-services/energy-programs/rural-energy-america-program-renewable-energy-systems-energy-efficiency-improvement-guaranteed-loans</a>.
H. Other Information
1. Paperwork Reduction Act. In accordance with the Paperwork
Reduction Act of 1995, 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 0570-0067.
2. National Environmental Policy Act. All recipients under this
notice are subject to the requirements of 7 CFR part 1970.
3. 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.
4. 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 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.
5. Equal Opportunity for Religious Organizations.
a. Faith-based organizations may apply for this award on the same
basis as any other organization, as set forth at, and subject to the
protections and requirements of, this part and any applicable
constitutional and statutory requirements, including 42 U.S.C. 2000bb
et seq. USDA will not, in the selection of recipients, discriminate for
or against an organization on the basis of the organization's religious
character, motives, or affiliation, or lack thereof, or on the basis of
conduct that would not be considered grounds to favor or disfavor a
similarly situated secular organization.
b. A faith-based organization that participates in this program
will retain its independence from the Government and may continue to
carry out its mission consistent with religious freedom and conscience
protections in Federal law. Religious accommodations may also be sought
under many of these religious freedom and conscience protection laws.
c. A faith-based organization may not use direct Federal financial
assistance from USDA to support or engage in any explicitly religious
activities except when consistent with the Establishment Clause of the
First Amendment and any other applicable requirements. An organization
receiving Federal financial assistance also may not, in providing
services funded by USDA, or in their outreach activities related to
such services, discriminate against a program beneficiary or
prospective program beneficiary on the basis of religion, a religious
belief, a refusal to hold a religious belief, or a refusal to attend or
participate in a religious practice.
6. Signage. The Awardee is encouraged to display USDA standard
infrastructure investment signage, available for download from the
Agency, during construction of the project. Expenditures for such
signage shall be a permitted eligible cost of IRA funded projects.
7. Nondiscrimination Statement. In accordance with Federal civil
rights law and USDA civil rights regulations and policies, the USDA,
its Agencies, offices, and 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; or the 711 Relay
Service.
To file a program discrimination complaint, a complainant should
complete a Form AD3027, 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:
(i) Mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
20250-9410; or
(ii) Fax: (833) 256-1665 or (202) 690-7442; or
(iii) Email: <a href="/cdn-cgi/l/email-protection#6010120f0712010d4e090e14010b0520151304014e070f16"><span class="__cf_email__" data-cfemail="5222203d3520333f7c3b3c2633393712272136337c353d24">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Kathryn E. Dirksen Londrigan,
Administrator, Rural Business-Cooperative Service, USDA, Rural
Development.
[FR Doc. 2024-23854 Filed 10-15-24; 8:45 am]
BILLING CODE 3410-XY-P
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</html>Indexed from Federal Register on October 16, 2024.
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.