Notice2024-30651
Notice of Funding Opportunity for the Timber Production Expansion Guaranteed Loan Program for Fiscal Year 2024
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
December 26, 2024
Issuing agencies
Agriculture DepartmentRural Business-Cooperative Service
Abstract
The Rural Business-Cooperative Service (RBCS or Agency), a Rural Development (RD) agency of the United State Department of Agriculture (USDA), announces the acceptance of applications and availability of funding under the Timber Production Expansion Guaranteed Loan Program (TPEP) for fiscal year (FY) 2024. These guaranteed funds will be made available to eligible lenders to make loans to eligible borrowers seeking to establish, reopen, retrofit, expand, or improve a sawmill or other wood processing facility, in close proximity to a unit of United States Forest Service (USFS) National Forest System lands, including Indian forest land or rangeland, identified as high priority or very high priority on the map accessible using the following link: www.arcgis.com/apps/dashboards/ 5d6d9d9922a8486f83d51d40835f1870. This program will have in excess of $200 million available beginning in FY 2025 utilizing funding provided under the Infrastructure Investment and Jobs Act. All applicants are responsible for any expenses incurred in developing their applications.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 247 (Thursday, December 26, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Notices]
[Pages 104972-104976]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30651]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Business Cooperative Service
[DOCKET #: RBS-24-BUSINESS-0008]
Notice of Funding Opportunity for the Timber Production Expansion
Guaranteed Loan Program for Fiscal Year 2024
AGENCY: Rural Business-Cooperative Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Rural Business-Cooperative Service (RBCS or Agency), a
Rural Development (RD) agency of the United State Department of
Agriculture (USDA), announces the acceptance of applications and
availability of funding under the Timber Production Expansion
Guaranteed Loan Program (TPEP) for fiscal year (FY) 2024. These
guaranteed funds will be made available to eligible lenders to make
loans to eligible borrowers seeking to establish, reopen, retrofit,
expand, or improve a sawmill or other wood processing facility, in
close proximity to a unit of United States Forest Service (USFS)
National Forest System lands, including Indian forest land or
rangeland, identified as high priority or very high priority on the map
accessible using the following link: <a href="http://www.arcgis.com/apps/dashboards/5d6d9d9922a8486f83d51d40835f1870">www.arcgis.com/apps/dashboards/5d6d9d9922a8486f83d51d40835f1870</a>. This program will have in excess of
$200 million available beginning in FY 2025 utilizing funding provided
under the Infrastructure Investment and Jobs Act. All applicants are
responsible for any expenses incurred in developing their applications.
DATES: Completed applications may be submitted beginning December 26,
2024. Applications will be accepted until funds are exhausted.
ADDRESSES: Applicants are encouraged to contact the Agency to discuss
projects and ask any questions about the program or application
process. Entities wishing to apply for assistance may download the
application documents and requirements delineated in this notice from:
<a href="http://rd.usda.gov/onerdguarantee">rd.usda.gov/onerdguarantee</a>. Applications will only be accepted
electronically.
Applicants are encouraged to contact their respective RD State
Office for an email contact to submit an electronic application. A list
of the USDA RD State Office contacts can be found at: <a href="http://rd.usda.gov/about-rd/state-offices">rd.usda.gov/about-rd/state-offices</a>.
FOR FURTHER INFORMATION CONTACT: Shaun Stehr at <a href="/cdn-cgi/l/email-protection#eebabeabbeae9b9d8a8fc0898198"><span class="__cf_email__" data-cfemail="eebabeabbeae9b9d8a8fc0898198">[email protected]</span></a>, Loan and
Grant Analyst, RBCS, USDA, 1400 Independence Avenue SW, Mail Stop 3201,
Room 5803-South, Washington, DC 20250-3201; or call 717-675-0038.
SUPPLEMENTARY INFORMATION:
Overview
Federal Awarding Agency Name: Rural Business-Cooperative Service.
Funding Opportunity Title: Timber Production Expansion Guaranteed
Loan Program.
Announcement Type: Notice of Funding Opportunity (NOFO).
Assistance Listing: 10.385.
Dates: Applications will be accepted beginning December 26, 2024.
Applications will be accepted until all funds are expended.
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> Addressing Climate Change and Environmental Justice;
Reducing climate pollution and increasing resilience to the impacts of
climate change through economic support to rural communities.
<bullet> Advancing Racial Justice, Place-Based Equity, and
Opportunity; Ensuring all rural residents have equitable access to RD
programs and benefits from RD funded projects.
<bullet> Creating More and Better Market Opportunities; Assisting
rural communities recover economically through more and better market
opportunities and through improved infrastructure.
A. Program Description
1. Purpose of the Program. The TPEP will provide financial
assistance through loan guarantees to lenders providing loans to
entities seeking to establish, reopen, retrofit, expand, or improve a
sawmill or other wood processing facility in close proximity to a unit
of USFS National Forest System lands, including Indian forest land or
rangeland, that has been identified as high or very high priority for
ecological restoration if the presence of a sawmill or other wood-
processing facility would substantially decrease or does substantially
decrease the cost of conducting ecological restoration projects
involving vegetation removal on the unit of land. These units of USFS
National Forest System lands must be classified as being a high or very
high priority for ecological restoration involving vegetation removal,
due to the risk of unnaturally severe wildfires, or insect or disease
infestation. The Agency will consider a facility to be in close
proximity of the requisite unit of land if it is within two hundred
fifty (250) miles of the area identified as high or very high priority
for ecological restoration. TPEP facilities will purchase and process
byproducts from ecosystem restoration projects.
2. Statutory and Regulatory Authority: The TPEP program is
authorized by section 40804(d)(3)--Ecosystem Restoration--of the
Infrastructure Investment and Jobs Act (Pub. L. 117-58) which directs
USFS to provide financial assistance to entities seeking to establish,
reopen, retrofit, expand, or improve a sawmill or other wood processing
facility that is in close proximity to a unit of United States Forest
Service (USFS) National Forest System lands, including Indian forest
land or rangeland, that has been identified as high or very high
priority for ecological restoration and that is using ecological
byproducts from the unit of land. Further, the TPEP program is in
response to White House Executive Order 14081 on advancing the domestic
bioeconomy, the USDA report Building a Resilient Biomass Supply,
(<a href="http://usda.gov/media/press-releases/2024/03/14/usda-outlines-vision-strengthen-american-bioeconomy-through-more">usda.gov/media/press-releases/2024/03/14/usda-outlines-vision-strengthen-american-bioeconomy-through-more</a>), and the subsequent
deliverables outlined in the report's Implementation Framework. The
TPEP program is operating as a pilot program and will be administered
under 7 CFR part 5001. TPEP is designed and implemented in a manner
similar to the Business and Industry (B&I) Guaranteed loan program with
minor changes to meet the needs of the timber industry. An interagency
agreement between the USFS and RBCS will allow RBCS to implement the
TPEP program in the interest of the USFS.
3. Definitions. The definitions applicable to this notice are
published in 7 CFR 5001.3. For the purpose of this notice only:
(a) Wood Processing Facility means a facility that produces solid
wood products (including lumber, posts and poles), engineered wood
products (including plywood, veneer panels, and mass timber products),
biomass energy products (heat, power, combined heat and power, and
biochar), and fuel products (firewood, wood pellets, briquettes, and
liquid biofuels).
(b) High Priority for Ecological Restoration means publicly owned
USFS National Forest System lands, including Indian forest land or
rangeland, that have been identified by
[[Page 104973]]
USFS as high risk for wildfire or insect or disease infestation. USDA
Forest Service mapping can be found at <a href="http://www.arcgis.com/apps/dashboards/5d6d9d9922a8486f83d51d40835f1870">www.arcgis.com/apps/dashboards/5d6d9d9922a8486f83d51d40835f1870</a>.
4. Application of Awards. The Agency will review, evaluate, and
score applications received in response to this notice based on the
provisions found in 7 CFR part 5001 Subpart A as indicated in this
notice. Awards under TPEP will be made on a first come, first served
basis using specific selection criteria contained in 7 CFR part 5001.
The Agency advises all interested parties that the applicant bears the
full burden in preparing and submitting an application in response to
this notice.
5. Accounting Terms. Accounting terms not otherwise defined in this
notice shall have the definition ascribed to them under Generally
Accepted Accounting Principles (GAAP).
B. Federal Award Information
Type of Award: Loan Guarantee.
Available Funds: An excess of $200 million will be available
beginning in FY 2025. RBCS may, at its discretion, increase the total
level of funding available from any available source provided the
awards meet the requirements of the statute which made the funding
available to the Agency.
Award Amounts: The Administrator has established that the maximum
loan amount is $25 million and there is no minimum loan amount.
Due Date for Applications: Applications will be accepted until
funds are expended.
Anticipated Award Date: Beginning not earlier than one month post
announcement.
Performance Period: Guaranteed loans are governed by the loan
terms.
Type of Assistance Instrument: Loan note guarantee.
Loan guarantee limits:
(a) Loan amount. The total amount of guaranteed loans under this
notice to one borrower, including the aggregate amount of guaranteed
loans to affiliate entities dependent upon another's operations and
generation of revenue for loan repayment, must not exceed $25 million.
(b) Percentage of guarantee. The percentage of guarantee will be 90
percent.
(c) Guarantee Fees. Guarantee fees, as determined under 7 CFR
5001.454, are not applicable to the TPEP program. The guaranteed loan
will not have guarantee origination fees or annual guarantee service
fees.
C. Eligibility Information
1. Eligibility Requirements. The eligibility requirements for the
borrower, lender, and project (as applicable) are clarified in 7 CFR
part 5001 and are summarized in this notice.
2. Eligible Borrowers and Lenders. To be eligible for a loan
guarantee under TPEP, a lender must meet the eligibility requirements
in 7 CFR 5001.130. The borrower must meet the requirements specified in
7 CFR 5001.126(a) and (d) at the time of each guaranteed loan's
approval and through issuance of the loan note guarantee. In addition,
the borrower must be:
(a) An entity engaged in or proposing to engage in establishing,
reopening, retrofitting, expanding, or improving a sawmill or other
wood-processing facility. For purposes of this notice, an eligible
borrower entity may include a forest worker, logger, heavy equipment
operator, material handler, or other professional entity responsible
for purchasing and processing ecosystem restoration byproducts.
(b) Eligible borrowers must use ecosystem restoration byproducts
from Federal or Tribal lands that USFS identified as high or very high
priority for ecological restoration involving vegetation removal and
must procure a significant amount of raw materials from Federal or
Tribal lands. High priority designated lands can be found using the
TPEP Priority Areas dashboard at the following link: <a href="http://www.arcgis.com/apps/dashboards/5d6d9d9922a8486f83d51d40835f1870">www.arcgis.com/apps/dashboards/5d6d9d9922a8486f83d51d40835f1870</a>.
3. Eligible Activities. Establishing, reopening, retrofitting,
expanding, or improving a sawmill or other wood processing facility
that is in close proximity to a unit of USFS National Forest System
lands identified as high or very high priority for ecological
restoration and that uses ecosystem restoration byproducts from an
identified unit of USFS National Forest System lands, if the presence
of a sawmill or other wood-processing facility would substantially
decrease or does substantially decrease the cost of conducting
ecological restorations projects involving vegetation removal on the
unit of land. The Agency will consider a facility to be in close
proximity of the requisite unit of land if it is within two hundred
fifty (250) miles of the area identified as high or very high priority
for ecological restoration.
4. Eligible Uses of Funds/Eligible projects. To be eligible for the
program, a project must meet the eligibility requirements of 7 CFR
5001.121(c) and those specified in this notice. Borrowers must
demonstrate, to the Agency's satisfaction, that guaranteed loan funds
will be used to establish, reopen, retrofit, expand, or improve a
sawmill or other wood processing facility that is in close proximity to
a unit of USFS National Forest System lands that USFS identified as
high or very high priority for ecological restoration and that uses
ecological restoration byproducts from the high or very high priority
unit of land. The following are additional eligible uses of guaranteed
funds:
(a) Lender fees, as determined under 7 CFR 5001.403.
(b) Professional service fees and charges, provided the Agency
approves the amounts as reasonable and customary in the area and fees
for construction permits and licenses.
(c) Feasibility studies and business plans.
(d) Interest (including interest on interim financing) during the
period before the first principal payment becomes due or when the
facility becomes income producing, whichever is earlier.
(e) Refinancing in accordance with 7 CFR 5001.102(d). Unless the
amount to be refinanced is owed directly to the Federal Government or
is federally guaranteed, no more than 50 percent of loan funds may be
used to refinance existing debt.
5. Cost Sharing or Matching. There are no cost sharing or matching
requirements associated with this guarantee.
6. Other.
(a) Ineligible project costs. Ineligible project costs are in
accordance with 7 CFR 5001.122.
(b) Approved Lenders. Lenders that have met the requirements and
have received approval under 7 CFR 5001.130 are prequalified to lend
under TPEP.
(c) Debarment and Suspension. Applicants are not eligible if they
have been debarred or suspended or otherwise excluded from, or
ineligible for, participation in Federal assistance programs under 2
CFR parts 180 and 417. Applicants will be required to comply with the
requirement in 2 CFR 180.335. Lenders are responsible for verification
of the borrower's status. Verification can be done at <a href="http://sam.gov">sam.gov</a>.
D. Application and Submission Information
1. Address to Request Application Package. The TPEP Application
Guide and copies of necessary forms and samples, are available at
<a href="http://www.rd.usda.gov/onerdguarantee">www.rd.usda.gov/onerdguarantee</a>.
2. Content and Form of Application Submission. Applicants seeking
to participate in this program must submit an application in accordance
with this notice and 7 CFR part 5001, as applicable.
[[Page 104974]]
Carefully review this notice, 7 CFR parts 5001.301, 5001.302,
5001.303 and 5001.306, and the TPEP Application Guide, which
collectively detail all required items for a complete application.
Submitted applications and any accompanying materials become Federal
records by law and cannot be returned to you.
Applicants may submit complete applications, until funds are
expended, containing all parts necessary for the Agency to determine
applicant and project eligibility, and to score the application in
order to be considered.
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 their application,
unless determined exempt under 2 CFR 25.110.
(e) TheAgencywillnot make anaward until the applicant has complied
with all SAM requirements including providing the UEI. If an applicant
has not fully complied withthe requirements by the time theAgency is
ready to make anaward, theAgency may determine that the applicant is
not qualified to receive aFederalaward and use that determination as a
basis for making aFederalaward to another applicant.
4. Submission Dates and Times. Applications for loan guarantees may
be submitted at any time on an ongoing basis and applications will be
accepted on a first come first served basis until all funds are
expended. RBCS also reserves the right to ask applicants for clarifying
information and additional verification of assertions in the
application.
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,
including, a county, municipality, town, township, village, or other
unit of general government, including Tribal governments, below the
State level. 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="http://whitehouse.gov/omb/management/office-federal-financial-management/">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 Indian Tribes are not
subject to this requirement.
6. Funding Restrictions. Applications must be for eligible purposes
as defined in Section C.3. of this notice and must comply with the
guaranteed loan fund limitations found in 7 CFR 5001.406(c).
7. Other Submission Requirements.
(a) Approved Multi-State Lenders. Lenders will upload all loan
guarantee applications and servicing requests, regardless of loan
amount to the OneRD Teams Portal.
(b) Non-Multi-State Lenders. All other lenders, other than
designated Multi-State Lenders, will submit applications to the State
Office electronically. State office contacts can be found at
<a href="http://www.rd.usda.gov/about-rd/offices/state-offices">www.rd.usda.gov/about-rd/offices/state-offices</a>.
E. Application Review Information
1. Criteria. All eligible and complete applications will be
evaluated and scored based on the selection criteria and weights
contained in this notice and in 7 CFR 5001.318. Failure to address any
of the application criteria will result in the application being
determined ineligible, and the application will not be considered for
funding.
In addition to the scoring criteria outlined in 7 CFR 5001.318,
there will be an additional 10 points that may be awarded for projects
that address wildfire risk reduction or that provide documented
justification for the following RD key priority categories:
(a) Assisting rural communities recover economically through more
and better market opportunities and through improved infrastructure. An
applicant would receive priority points if the project is located in or
serving a rural community whose economic well-being ranks in the most
distressed tier (distress score of 80 or higher) of the Distressed
Communities Index using the Distressed Communities Look-Up Map
available at <a href="http://www.rd.usda.gov/priority-points">www.rd.usda.gov/priority-points</a>.
(b) 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://www.rd.usda.gov/priority-points">www.rd.usda.gov/priority-points</a>), an applicant would receive priority points if:
<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 (or other documentation of Consent consistent with the laws,
procedures or practices of a Tribe or Tribes) that the applicant is
proposing to serve.
<bullet> The application is from or benefiting a Rural Partner's
Networks (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://www.rd.usda.gov/priority-points">www.rd.usda.gov/priority-points</a>) to
determine if your project qualifies for priority points.
(c) Reducing climate pollution and increasing resilience to the
impacts of climate change through economic support to rural
communities. Using the Disadvantaged Community and Energy Community
Look-Up Map (available at <a href="http://www.rd.usda.gov/priority-points">www.rd.usda.gov/priority-points</a>), applicants
will receive priority in one of the three ways:
<bullet> If the project is located in or serves a Disadvantaged
Community as defined by the Climate and Economic Justice Screening Tool
(CEJST), from the White House Council on Environmental Quality;
<bullet> If the project is located in or serves an Energy Community
as defined by the Inflation Reduction Act (IRA); and
<bullet> If applicants can demonstrate through a written narrative
how the proposed climate-impact projects will improve the livelihoods
of community residents and meet pollution mitigation or clean energy
goals, including benefits calculated using the social cost of carbon
estimates developed by the Environmental Protection Agency.
2. Review and Selection Process. The Agency will review each
complete
[[Page 104975]]
application to make a formal determination as to the eligibility of the
borrower, lender, project, and guaranteed loan purpose and proposed use
of funds; whether there is a reasonable assurance of repayment ability;
whether sufficient collateral and equity exists; and whether the
proposed guaranteed loan complies with all applicable statutes and
regulations. The Agency will comply with provisions in 7 CFR 5001.315,
``Application evaluation and award provisions'', for the review and
selection process.
The Agency reserves the right to offer the applicant less than the
funding requested.
F. Federal Award Administration Information
1. Federal Award Notices
Application Outcomes. TPEP loans will be processed in accordance
with 7 CFR part 5001. RBCS reserves the right to make no awards if all
applications are ineligible, incomplete or do not meet the established
program objectives and priorities.
2. Administrative and National Policy Requirements
(a) Build America, Buy America (BABA). 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 (BABA) within the Infrastructure
Investment and Jobs Act (Pub. L. 117-58), and its implementing
regulations at 2 CFR part 184. Any requests for waiver of these
requirements must be submitted pursuant to USDA's guidance available
online at <a href="http://www.usda.gov/ocfo/federal-financial-assistance-policy/USDABuyAmericaWaiver">www.usda.gov/ocfo/federal-financial-assistance-policy/USDABuyAmericaWaiver</a>.
(b) 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-3465-001">usda.gov/directives/dr-3465-001</a> and
<a href="http://usda.gov/directives/dm-3465-001">usda.gov/directives/dm-3465-001</a>.
(c) Exception authority. The Administrator may, on a case-by-case
basis grant an exception to any requirement or provision of this
notice, provided that such an exception is in the best financial
interests of the Federal Government. Exercise of this authority cannot
be in conflict with applicable law.
(d) Appeals. The provisions of 7 CFR 5001.5 will apply to appeals
under this notice. Funding of successfully appealed applications will
be limited to available funding.
(e) General lender responsibilities. The provisions of 7 CFR 5001.6
will apply to general lender responsibilities under this notice.
(f) Approvals, regulations, and forms. The provisions of 7 CFR
5001.8 will apply to approvals, regulations and forms under this
notice.
(g) Eligible lenders. To become a lender under this notice, the
lending entity must meet the requirements specified in 7 CFR 5001.130,
``Lender eligibility requirements.'' Lenders approved by the Agency as
an eligible lender under 7 CFR 5001.130 and that are in compliance with
7 CFR 5001.132 ``Maintenance of approved lender status'' and the
requirements of this notice, are eligible lenders under this notice.
Lenders must continue to comply with the requirements of 7 CFR
5001.132.
(h) Lender's agreement. Agency approval of the lender will be
evidenced by an outstanding lender's agreement, between the Agency and
the lender as referenced in 7 CFR 5001.131. When approved to
participate as a lender under this notice, the lender must execute a
lender's agreement before the Agency will issue a loan note guarantee.
(i) Access to records. The lender must permit representatives of
the Agency (or other agencies of the United States) to inspect and make
copies of any records of the lender pertaining to Agency guaranteed
loans during regular office hours of the lender or at any other time
upon agreement between the lender and the Agency. In addition, the
lender must cooperate fully with Agency oversight and monitoring of all
lenders involved in any manner with any guarantee to ensure compliance
with this notice. Such oversight and monitoring will include, but is
not limited to, reviewing lender records and meeting with lenders.
(j) Guarantee provisions. The provisions of 7 CFR 5001.450 will
apply to guarantees provided under this notice.
(k) Participation or assignment of guaranteed loan. The provisions
of 7 CFR 5001.408 will apply to guarantees provided under this notice.
(l) Repurchase from holder. The provisions of 7 CFR 5001.511 will
apply to guarantees provided under this notice.
3. Reporting
The provisions of 7 CFR 5001.502 Oversight and Monitoring and the
provisions of 7 CFR 5001.504 Financial Reports will apply to guarantees
provided under this notice.
G. Federal Awarding Agency Contact(s)
For general questions about this announcement, please contact Shaun
Stehr at <a href="/cdn-cgi/l/email-protection#faaeaabfaaba8f899e9bd49d958c"><span class="__cf_email__" data-cfemail="3763677267774244535619505841">[email protected]</span></a> or 202-594-6454. Program website also provide up
to date contact information at <a href="http://rd.usda.gov/onerdguarantee">rd.usda.gov/onerdguarantee</a>.
H. Other Information
1. Paperwork Reduction Act. In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. chapter 35), the information
collection requirements associated with the programs, as covered in
this notice, have been approved by the Office of Management and Budget
(OMB) under OMB Control Number 0572-0155.
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 Impact Analysis. RD has reviewed this notice in
accordance with USDA Regulation 4300-4, Civil Rights Impact Analysis,''
to identify any major civil rights impacts the notice might have on
program participants on the basis of age, race, color, national origin,
sex, disability, gender identity (including gender expression), genetic
information, political beliefs, sexual orientation, marital status,
familial status, parental status, veteran status, religion, reprisal
and/or resulting from all or a part of an individual's income being
derived from any public assistance program. This notice is within a
Guarantee-based program. Guarantees are not covered under title VI of
the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of
1973, and title IX of the Education Amendments Act of 1972, as amended,
when the Federal assistance does not include insurance or interest
credit loans. Lenders must comply with other applicable Federal laws,
including Equal Employment Opportunities, the Equal Credit Opportunity
Act, the Fair
[[Page 104976]]
Housing Act, and the Civil Rights Act of 1964. Guaranteed loans that
involve the construction of or addition to facilities must comply with
the Architectural Barriers Act Accessibility Standard. The borrower and
lender are responsible for ensuring compliance with these requirements.
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. 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; 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="http://www.usda.gov/sites/default/files/documents/ad-3027.pdf">www.usda.gov/sites/default/files/documents/ad-3027.pdf</a> from any USDA office, by calling (866) 632-9992,
or by writing a letter addressed to USDA. The letter must contain the
complainant's name, address, telephone number, and a written
description of the alleged discriminatory action in sufficient detail
to inform the Assistant Secretary for Civil Rights (ASCR) about the
nature and date of an alleged civil rights violation. The completed AD-
3027 form or letter must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
20250-9410; or
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: <a href="/cdn-cgi/l/email-protection#97e7e5f8f0e5f6fab9fef9e3f6fcf2d7e2e4f3f6b9f0f8e1"><span class="__cf_email__" data-cfemail="cabab8a5adb8aba7e4a3a4beaba1af8abfb9aeabe4ada5bc">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Kathryn E. Dirksen Londrigan,
Rural Business-Cooperative Service, USDA Rural Development.
[FR Doc. 2024-30651 Filed 12-23-24; 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 December 26, 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.