[Federal Register Volume 74, Number 140 (Thursday, July 23, 2009)]
[Notices]
[Pages 36448-36455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17512]
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Notices
Federal Register
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This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
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Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 /
Notices
[[Page 36448]]
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Rural Business-Cooperative Service
Rural Utilities Service
Notice of Funds Availability Under the American Recovery and
Reinvestment Act, 2009
AGENCIES: Rural Housing Service, Rural Business-Cooperative Service,
and Rural Utilities Service, USDA.
ACTION: Notice.
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SUMMARY: The Rural Housing Service (RHS), Rural Business-Cooperative
Service (RBS), and Rural Utilities Service (RUS) are administered
through USDA Rural Development (RD). This Notice announces the
availability of stimulus assistance provided pursuant to Title 1 of
Division A of the American Recovery and Reinvestment Act, 2009, (Pub.
L. 111-5) (February 17, 2009).
DATES: Unless otherwise specified in this notice, applications will be
accepted on a rolling basis until funds are expended. Program funding
expires September 30, 2010.
ADDRESSES: Entities wishing to apply for assistance, or that are in
need of further information, should contact the USDA Rural Development
State Office in the state where the project is located. A list of the
USDA Rural Development State Offices addresses and telephone numbers
are as follows:
Note: Telephone numbers are not toll-free.
Alabama
Sterling Centre, Suite 601, 4121 Carmichael Road, Montgomery, AL 36106-
3683, (334) 279-3400/TDD (334) 279-3495.
Alaska
USDA Rural Development State Office, 800 West Evergreen, Suite 201,
Palmer, AK 99645-6539, (907) 761-7705/TDD (907) 761-8905.
Arizona
USDA Rural Development State Office, 230 N. 1st Ave., Suite 206,
Phoenix, AZ 85003, (602) 280-8701/TDD (602) 280-8705.
Arkansas
USDA Rural Development State Office, 700 West Capitol Avenue, Room
3416, Little Rock, AR 72201-3225, (501) 301-3200/TDD (501) 301-3279.
California
USDA Rural Development State Office, 430 G Street, 4169,
Davis, CA 95616-4169, (530) 792-5800/TDD (530) 792-5848.
Colorado
USDA Rural Development State Office, 655 Parfet Street, Room E-100,
Lakewood, CO 80215, (720) 544-2903/TDD (720) 544-2976.
Connecticut
USDA Rural Development State Office, 451 West Street, Suite 2, Amherst,
MA 01002-2999, (413) 253-4300/TDD (413) 253-4590.
Delaware
USDA Rural Development State Office, 1221 College Park Drive, Suite
200, Dover, DE 19904, (302) 857-3580/TDD (302) 857-3585.
Florida
USDA Rural Development State Office, 4440 NW 25th Place, P.O. Box
147010, Gainesville, FL 32614-7010, (352) 338-3400/TDD (352) 338-3499.
Georgia
USDA Rural Development State Office, Stephens Federal Building, 355 E.
Hancock Avenue, Athens, GA 30601-2768, (706) 546-2162/TDD (706) 546-
2034.
Hawaii
USDA Rural Development State Office, Federal Building, Room 311, 154
Waianuenue Avenue, Hilo, HI 96720, (808) 933-8380/TDD (808) 933-8321.
Idaho
USDA Rural Development State Office, 9173 West Barnes Dr., Suite A1,
Boise, ID 83709, (208) 378-5600/TDD (208) 378-5644.
Illinois
USDA Rural Development State Office, 2118 West Park Court, Suite A,
Champaign, IL 61821, (217) 403-6200/TDD (217) 403-6240.
Indiana
USDA Rural Development State Office, 5975 Lakeside Boulevard,
Indianapolis, IN 46278, (317) 290-3100/TDD (317) 290-3343.
Iowa
USDA Rural Development State Office, Federal Building, Room 873, 210
Walnut Street, Des Moines, IA 50309, (515) 284-4663/TDD (515) 284-4858.
Kansas
USDA Rural Development State Office, 1303 S.W. First American Place,
Suite 100, Topeka, KS 66604-4040, (785) 271-2700/TDD (785) 271-2767.
Kentucky
USDA Rural Development State Office, 771 Corporate Drive, Suite 200,
Lexington, KY 40503, (859) 224-7300/TDD (859) 224-7422.
Louisiana
USDA Rural Development State Office, 3727 Government Street,
Alexandria, LA 71302, (318) 473-7921/TDD (318) 473-7655.
Maine
USDA Rural Development State Office, 967 Illinois Avenue, Suite 4, P.O.
Box 405, Bangor, ME 04402-0405, (207) 990-9160/TDD (207) 942-7331.
Maryland
USDA Rural Development State Office, 1221 College Park Drive, Suite
200, Dover, DE 19904, (302) 857-3580/TDD (302) 857-3585.
Massachusetts
USDA Rural Development State Office, 451 West Street, Suite 2, Amherst,
MA 01002-2999, (413) 253-4300/TDD (413) 253-4590.
Michigan
USDA Rural Development State Office, 3001 Coolidge Road, Suite 200,
East Lansing, MI 48823, (517) 324-5190/TDD (517) 324-5169.
Minnesota
USDA Rural Development State Office, 375 Jackson Street, Suite 410, St.
Paul,
[[Page 36449]]
MN 55101-1853, (651) 602-7800/TDD (651) 602-3799.
Mississippi
USDA Rural Development State Office, Federal Building, Suite 831, 100
W. Capitol Street, Jackson, MS 39269, (601) 965-4316/TDD (601) 965-
5850.
Missouri
USDA Rural Development State Office, 601 Business Loop 70 West, Parkade
Center, Suite 235, Columbia, MO 65203, (573) 876-0976/TDD (573) 876-
9480.
Montana
USDA Rural Development State Office, 900 Technology Boulevard, Suite B,
P.O. Box 850, Bozeman, MT 59771, (406) 585-2580/TDD (406) 585-2562.
Nebraska
USDA Rural Development State Office, Federal Building, Room 152, 100
Centennial Mall North, Lincoln, NE 68508, (402) 437-5551/TDD (402) 437-
5093.
Nevada
USDA Rural Development State Office, 1390 South Curry Street, Carson
City, NV 89703-5146, (775) 887-1222/TDD (775) 885-0633.
New Hampshire
USDA Rural Development State Office, City Center, 3rd Floor, 89 Main
Street, Montpelier, VT 05602, (802) 828-6000/TDD (802) 223-6365.
New Jersey
USDA Rural Development State Office, 8000 Midlantic Drive, 5th Floor
North, Suite 500, Mt. Laurel, NJ 08054, (856) 787-7700/TDD (856) 787-
7784.
New Mexico
USDA Rural Development State Office, 6200 Jefferson Street, NE., Room
255, Albuquerque, NM 87109, (505) 761-4950/TDD (505) 761-4938.
New York
USDA Rural Development State Office, The Galleries of Syracuse, 441
South Salina Street, Suite 357, Syracuse, NY 13202-2541, (315) 477-
6400/TDD (315) 477-6447.
North Carolina
USDA Rural Development State Office, 4405 Bland Road, Suite 260,
Raleigh, NC 27609, (919) 873-2000/TDD (919) 873-2003.
North Dakota
USDA Rural Development State Office, Federal Building, Room 208, 220
East Rosser, P.O. Box 1737, Bismarck, ND 58502-1737, (701) 530-2037/TDD
(701) 530-2113.
Ohio
USDA Rural Development State Office, Federal Building, Room 507, 200
North High Street, Columbus, OH 43215-2418, (614) 255-2400/TDD (614)
255-2554.
Oklahoma
USDA Rural Development State Office, 100 USDA, Suite 108, Stillwater,
OK 74074-2654, (405) 742-1000/TDD (405) 742-1007.
Oregon
USDA Rural Development State Office, 1201 NE. Lloyd Blvd., Suite 801,
Portland, OR 97232, (503) 414-3300/TDD (503) 414-3387.
Pennsylvania
USDA Rural Development State Office, One Credit Union Place, Suite 330,
Harrisburg, PA 17110-2996, (717) 237-2299/TDD (717) 237-2261.
Puerto Rico
USDA Rural Development State Office, IBM Building, Suite 601, 654 Munos
Rivera Avenue, San Juan, PR 00918-6106, (787) 766-5095/TDD (787) 766-
5332.
Rhode Island
USDA Rural Development State Office, 451 West Street, Suite 2, Amherst,
MA 01002-2999, (413) 253-4300/TDD (413) 253-4590.
South Carolina
USDA Rural Development State Office, Strom Thurmond Federal Building,
1835 Assembly Street, Room 1007, Columbia, SC 29201, (803) 765-5163/TDD
(803) 765-5697.
South Dakota
USDA Rural Development State Office, Federal Building, Room 210, 200
Fourth Street, SW., Huron, SD 57350, (605) 352-1100/TDD (605) 352-1147.
Tennessee
USDA Rural Development State Office, 3322 West End Avenue, Suite 300,
Nashville, TN 37203-1084, (615) 783-1300.
Texas
USDA Rural Development State Office, Federal Building, Suite 102, 101
South Main, Temple, TX 76501, (254) 742-9700/TDD (254) 742-9712.
Utah
USDA Rural Development State Office, Wallace F. Bennett Federal
Building, 125 South State Street, Room 4311, Salt Lake City, UT 84138,
(801) 524-4320/TDD (801) 524-3309.
Vermont
USDA Rural Development State Office, City Center, 3rd Floor, 89 Main
Street, Montpelier, VT 05602, (802) 828-6000/TDD (802) 223-6365.
Virginia
USDA Rural Development State Office, 1606 Santa Rosa Road, Suite 238,
Richmond, VA 23229-5014, (804) 287-1550/TDD (804) 287-1753.
Virgin Islands
USDA Rural Development State Office, 4440 NW. 25th Place, P.O. Box
147010, Gainesville, FL 32614-7010, (352) 338-3400/TDD (352) 338-3499.
Washington
USDA Rural Development State Office, 1835 Black Lake Boulevard SW.,
Suite B, Olympia, WA 98512-5715, (360) 704-7740/TDD (360) 704-7760.
West Virginia
USDA Rural Development State Office, 75 High Street, Room 320,
Morgantown, WV 26505-7500, (304) 284-4860/TDD (304) 284-4836.
Wisconsin
USDA Rural Development State Office, 4949 Kirschling Court, Stevens
Point, WI 54481, (715) 345-7600/TDD (715) 345-7614.
Wyoming
USDA Rural Development State Office, 100 East B, Federal Building, Room
1005, P.O. Box 11005, Casper, WY 82602-5006, (307) 233-6700/TDD (307)
233-6733.
FOR FURTHER INFORMATION CONTACT: For information and application
assistance contact the appropriate Rural Development State Office
listed in the ADDRESSES section of this Notice.
For information regarding Housing and Community Facilities
Programs: Community Facilities, Anita Outen, Loan Specialist, at 202-
720-1497, or Susan Woolard, Loan Specialist, at 202-720-1506; and
Single Family Program, Myron Wooden, Loan Specialist, at 202-720-4780.
For further information regarding Business Programs, contact: Fred
Kieferle, Business and Industry (B&I) Guaranteed Loan Program, at 202-
720-7818, e-mail: [email protected], Cindy Mason, Rural
Business Enterprise Grant (RBEG), at 202-690-1433, e-mail:
[email protected].
For information regarding Water and Environmental Programs' Direct
Loan,
[[Page 36450]]
Guaranteed Loan, and Grant programs, contact: Gayle Auman, Loan
Specialist, at 334-279-3620, e-mail: [email protected].
SUPPLEMENTARY INFORMATION: Background: The Rural Development Mission
Area agencies (RHS, RUS, and RBS of the United States Department of
Agriculture) provide a wide variety of grant, loan, and loan guarantee
assistance to rural residents, rural communities, and rural utility
systems. The eligibility criteria for each of the programs differ
widely.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995, USDA Rural
Development has submitted a new information collection to OMB for
emergency review and approval of the reporting and recordkeeping
requirements contained in this Notice. The programs being impacted
already have information collection packages in place. Therefore, the
burden in this new package is solely based on the additional burden
hours being generated by the American Recovery and Reinvestment Act of
2009. The breakdown is as follows:
(OMB No. 0572-0121) 7 CFR Part 1780, Water and Waste Loan and Grant
Program
Estimate Burden Increase: 78,111 hours.
(OMB No. 0570-0022) 7 CFR Part 1942-G, Rural Business Enterprise
Grants and Television Demonstration Grants.
Estimated Burden Increase: 19,189 hours.
(OMB No. 0575-0173) 7 CFR 3570-B, Community Facilities Grant
Program.
Estimated Burden Increase: 3,102 hours.
(OMB No. 0575-0015) 7 CFR 1942-A, Community Facility Loans.
Estimated Burden Increase: 70,560 hours.
(OMB No. 0575-0120) 7 CFR Part 1942-C, ``Fire and Rescue Loans''.
Estimated Burden Increase: 7,512 hours.
(OMB No. 0575-0172) Direct Single Family Housing Loan and Grant
Programs, 7 CFR Part 3550-HB-1-3550, and HB-2-3550.
Estimated Burden Increase: 39,198 hours.
(OMB No. 0575-0078) 7 CFR Part 1980-D, Rural Housing Loans.
Estimated Burden Increase: 106,878 hours.
Reporting and Registration Requirement under Section 1512 of the
American Recovery and Reinvestment Act of 2009, Public Law 111-5:
(a) This award requires the recipient to complete projects or
activities which are funded under the American Recovery and
Reinvestment Act of 2009 (``Recovery Act'') and to report on use of
Recovery Act funds provided through this award. Information from these
reports will be made available to the public.
(b) The first report is due no later than ten calendar days after
the initial calendar quarter in which the recipient receives the
assistance award funded in whole or in part by the Recovery Act, or by
October 10, 2009. Thereafter, reports shall be submitted no later than
the 10th day after the end of each calendar quarter.
(c) Recipients and their first-tier recipients must maintain
current registrations in the Central Contractor Registration (http://www.ccr.gov) at all times during which they have active federal awards
funded with Recovery Act funds. A Data Universal Numbering System
(DUNS) Number is one of the requirements for registration in the
Central Contractor Registration.
(d) The recipient shall report the information described in section
1512(c) using the reporting instructions and data elements that will be
provided online at http://www.FederalReporting.gov, unless the
information is pre-populated.
I. American Recovery and Reinvestment Act (Recovery Act), 2009
A. Affected Programs
The following programs are subject to the provisions of Executive
Order 12372 which requires intergovernmental consultation with State
and local officials, pursuant to 7 CFR 3015.302. These programs or
activities are listed in the Catalog of Federal Domestic Assistance
(CDFA) under numbers:
10.780 Community Facilities Loans and Grants
10.788 Single Family Housing Direct Loans
10.789 Single Family Housing Guaranteed Loans
10.782 Business and Industry Guaranteed Loans
10.783 Rural Business Enterprise Grants
10.781 Water and Waste Loans and Grants
10.886 Broadband Loans and Grants
B. Definitions
``Agency''--The Rural Housing Service, Rural Utilities Service and
Rural Business-Cooperative Service or the successors for the programs
it administers.
``Persistent poverty counties''--Any county that has had twenty
percent or more of its population living in poverty for the past thirty
years, as measured by the 1980, 1990, 2000 decennial census
information.
``Recipient''--Any entity that receives Recovery Funds directly
from the Federal Government (including Recovery Funds received through
loan, grant, or contract) other than an individual and includes a State
that receives Recovery Funds.
``Recovery Act''--Refers to Title 1 of Division A of the American
Recovery and Reinvestment Act, 2009, (Pub. L. 111-5) (February 17,
2009).
``Recovery Funds''--Any funds that are available from
appropriations made under the Recovery Act.
C. General Provisions
1. Preference for Quick-Start Activities
In using the funds made available in the Recovery Act for
infrastructure investment, the Agencies shall give preference to
activities that can be started and completed expeditiously, including a
goal of using at least 50 percent of the funds for activities that can
be initiated not later than 120 days after the date of enactment of the
Recovery Act. Recipients shall also use grant funds in a manner that
maximizes job creation and economic benefit. Agencies may use these
funds for a backlog of applications on hand as well as new
applications. For Water and Environment and Community Facilities
programs, those new applications that are submitted in a timely manner
complete with Preliminary Engineering Review (PER), Environmental
Report (ER), and current financial data will be accelerated in the
process.
2. Period of Availability
All funds appropriated in the Recovery Act are available for
obligation no later than September 30, 2010. Funding provided through
the Recovery Act is one-time funding.
3. Buy American
None of the funds made available by the Recovery Act may be used
for a project for the construction, alteration, maintenance, or repair
of a public building or public work unless all of the iron, steel and
manufactured goods used in the project are produced in the United
States unless USDA Rural Development waives the application of this
provision. Since only Community Facilities (CF) and Water and
Environmental Programs (WEP) are involved in the construction,
alteration, maintenance, or repair of public building and public works,
the Buy American provisions are only applicable to CF and WEP.
(Recovery Act Sec. 1605)
[[Page 36451]]
If the applicant's requested use of Recovery Act funds involves the
construction, alteration, maintenance, or repair of a public building
or public work, and does not involve iron, steel, and or manufactured
goods covered under international agreements, the following is
applicable:
Notice of Required Use of American Iron, Steel, and Manufactured
Goods--Section 1605 of the American Recovery and Reinvestment Act, 2009
(a) Definitions. Manufactured good, public building and public
work, and steel, as used in this notice, are defined in 2 CFR 176.140.
(b) Requests for determinations of inapplicability. A prospective
applicant requesting a determination regarding the inapplicability of
Section 1605 of the American Recovery and Reinvestment Act of 2009
(Pub. L. 111-5) (Recovery Act) should submit the request to the award
official in time to allow a determination before submission of
applications or proposals. The prospective applicant shall include the
information and applicable supporting data required by 2 CFR 176.140(c)
and (d) in the request. If an applicant has not requested a
determination regarding the inapplicability of Section 1605 of the
Recovery Act before submitting its application or proposal, or has not
received a response to a previous request, the applicant shall include
the information and supporting data in the application or proposal.
(c) Evaluation of project proposals. If the Federal government
determines that an exception based on unreasonable cost of domestic
iron, steel, and/or manufactured goods applies, the Federal Government
will evaluate a project requesting exception to the requirements of
Section 1605 of the Recovery Act by adding to the estimated total cost
of the project 25 percent of the project cost, if foreign iron, steel,
or manufactured goods are used in the project based on unreasonable
cost of comparable manufactured domestic iron, steel, and/or
manufactured goods.
(d) Alternate project proposals.
(1) When a project proposal includes foreign iron, steel, and/or
manufactured goods not listed by the Federal Government at 2 CFR
176.140(b)(2), the applicant also may submit an alternate proposal
based on use of equivalent domestic iron, steel, and/or manufactured
goods.
(2) If an alternate proposal is submitted, the applicant shall
submit a separate cost comparison table prepared in accordance with 2
CFR 176.140(c) and (d) for the proposal that is based on the use of any
foreign iron, steel, and/or manufactured goods for which the Federal
Government has not yet determined an exception applies.
(3) If the Federal Government determines that a particular
exception requested in accordance with 2 CFR 176.140(b) does not apply,
the Federal Government will evaluate only those proposals based on use
of the equivalent domestic iron, steel, and/or manufactured goods, and
the applicant shall be required to furnish such domestic items.
If the applicant's requested use of Recovery Act funds involves the
construction, alteration, maintenance, or repair of a public building
or public work, and involves iron, steel, and/or manufactured goods
covered under international agreements, the following is applicable:
Notice of Required Use of American Iron, Steel, and Manufactured Goods
(Covered Under International Agreements)--Section 1605 of the American
Recovery and Reinvestment Act, 2009
(a) Definitions. Designated country iron, steel, and/or
manufactured goods, foreign iron, steel, and/or manufactured good,
manufactured good, public building and public work, and steel, as used
in this provision, are defined in 2 CFR 176.160(a).
(b) Requests for determinations of inapplicability. A prospective
applicant requesting a determination regarding the inapplicability of
Section 1605 of the American Recovery and Reinvestment Act of 2009
(Pub. L. 111-5) (Recovery Act) should submit the request to the award
official in time to allow a determination before submission of
applications or proposals. The prospective applicant shall include the
information and applicable supporting data required by 2 CFR 176.160(c)
and (d) in the request. If an applicant has not requested a
determination regarding the inapplicability of 1605 of the Recovery Act
before submitting its application or proposal, or has not received a
response to a previous request, the applicant shall include the
information and supporting data in the application or proposal.
(c) Evaluation of project proposals. If the Federal Government
determines that an exception based on unreasonable cost of domestic
iron, steel, and/or manufactured goods applies, the Federal Government
will evaluate a project requesting exception to the requirements of
section 1605 of the Recovery Act by adding to the estimated total cost
of the project 25 percent of the project cost if foreign iron, steel,
or manufactured goods are used based on unreasonable cost of comparable
domestic iron, steel, or manufactured goods.
(d) Alternate project proposals.
(1) When a project proposal includes foreign iron, steel, and/or
manufactured goods, other than designated country iron, steel, and/or
manufactured goods, that are not listed by the Federal Government in
this Buy American notice in the request for applications or proposals,
the applicant may submit an alternate proposal based on use of
equivalent domestic or designated country iron, steel, and/or
manufactured goods.
(2) If an alternate proposal is submitted, the applicant shall
submit a separate cost comparison table prepared in accordance with 2
CFR 176.160(c) and (d) for the proposal that is based on the use of any
foreign iron, steel, and/or manufactured goods for which the Federal
Government has not yet determined an exception applies.
(3) If the Federal Government determines that a particular
exception requested in accordance with 2 CFR 176.160(b) does not apply,
the Federal Government will evaluate only those proposals based on use
of the equivalent domestic or designated country iron, steel, and/or
manufactured goods and the applicant shall be required to furnish such
domestic or designated country items.
4. Wage-Rate Requirements
All laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in whole or
in part by and through the Federal Government pursuant to the Recovery
Act shall be paid wages at rates not less than those prevailing on
projects of a character similar in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of chapter 31 of 40
U.S.C. In this regard, the award will contain the following provision:
Wage Rate Requirements Under Section 1606 of the American Recovery and
Reinvestment Act, 2009
(a) Section 1606 of the Recovery Act requires that all laborers and
mechanics employed by contractors and subcontractors on projects funded
directly by or assisted in whole or in part by and through the Federal
Government pursuant to the Recovery Act shall be paid wages at rates
not less than those prevailing on projects of a character similar in
the locality as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of 40 U.S.C.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40
U.S.C.
[[Page 36452]]
3145, the Department of Labor has issued regulations at 29 CFR Parts 1,
3, and 5 to implement the Davis-Bacon and related Acts. Regulations in
29 CFR 5.5 instruct agencies concerning application of the standard
Davis-Bacon contract clauses set forth in that section. Federal
agencies providing grants, cooperative agreements, and loans under the
Recovery Act shall ensure that the standard Davis-Bacon contract
clauses found in 29 CFR 5.5(a) are incorporated in any resultant
covered contracts that are in excess of $2,000 for construction,
alteration and/or repair (including painting and decorating).
(b) For additional guidance on the wage rate requirements of
section 1606, contact your awarding agency. Recipients of grants,
cooperative agreements and loans should direct their initial inquiries
concerning the application of Davis-Bacon requirements to a particular
federally assisted project to the Federal agency funding the project.
The Secretary of Labor retains final coverage authority under
Reorganization Plan No. 14.
5. National Environmental Policy Act of 1969
Implementation of the Recovery Act will utilize existing
environmental review compliance requirements in accordance with its
statutory and regulatory obligations. The Agency's respective
environmental policies and procedures are codified in 7 CFR Part 1940,
Subpart G and 7 CFR Part 1794 as applicable. All relevant environmental
compliance requirements are integrated in the above regulations,
including the National Environmental Policy Act, National Historic
Preservation Act and Endangered Species Act compliance processes.
All program applicants are required to integrate environmental
factors, along with other technical and financial considerations, into
early project planning and design. The environmental review process
must be completed, including all public notice requirements prior to
funding any proposals.
6. Accountability and Transparency and Responsibility for Informing
Sub-Recipients
Recipients and their sub-recipients must maintain current
registrations in the Central Contractor Registration (http://www.ccr.gov) at all times for which they have active Federal awards
funded with Recovery Act funds. A Dun and Bradstreet Data Universal
Numbering System (DUNS) Number (http://www.dnb.com/us/) is one of the
requirements for registration in the Central Contractor Registration.
All awards will contain the following tracking and documenting
requirements:
Recovery Act Transactions Listed in Schedule of Expenditures of Federal
Awards and Recipient Responsibilities for Informing Sub-Recipients
(a) To maximize the transparency and accountability of funds
authorized under the Recovery Act as required by Congress and in
accordance with 2 CFR 215, subpart 21 and OMB Circular A-102 Common
Rules provisions, recipients agree to maintain records that identify
adequately the source and application of Recovery Act funds.
(b) For recipients covered by the Single Audit Act Amendments of
1996 and OMB Circular A-133, ``Audits of States, Local Governments, and
Non-Profit Organizations,'' recipients agree to separately identify the
expenditures for Federal awards under the Recovery Act on the Schedule
of Expenditures of Federal Awards (SEFA) and the Data Collection Form
(SF-SAC) required by OMB Circular A-133. This shall be accomplished by
identifying expenditures for Federal awards made the under Recovery Act
separately on the SEFA, and as separate rows under Item 9 of Part III
on the SF-SAC by CFDA number, and inclusion of the prefix ``ARRA'' in
identifying the name of the Federal program on the SEFA and as the
first characters in Item 9d of Part III on the SF-SAC.
(c) Recipients agree to separately identify to each sub-recipient
and document at the time of sub-award and at the time of disbursement
of funds, the Federal award number, CFDA number, and amount of Recovery
Act funds. When a recipient awards Recovery Act funds for an existing
program, the information furnished to sub-recipients shall distinguish
the sub-awards of incremental Recovery Act funds from regular sub-
awards under the existing program.
(d) Recipients agree to require their sub-recipients to include
their SEFA information to specifically identify Recovery Act funding
similar to the requirements for the recipient SEFA described above.
This information is needed to allow the recipient to properly monitor
sub-recipient expenditure of Recovery Act funds as well as oversight by
the Federal awarding agencies, Offices of Inspector General and the
Government Accountability Office.
Pursuant to section 1511 of the Recovery Act:
With respect to these funds made available to State or local
governments for infrastructure investments, the Governor, mayor, or
other chief executive, as appropriate, shall certify that the
infrastructure investment has received the full review and vetting
required by law and that the chief executive accepts responsibility
that the infrastructure investment is an appropriate use of taxpayer
dollars. Such certification shall include a description of the
investment, the estimated total cost, and the amount of these funds to
be used, and shall be posted on the Recovery.gov Web site at http://www.recovery.gov. A State or local agency may not receive
infrastructure investment funding from funds made available in the
Recovery Act unless this certification is made and posted.
7. Reporting on Use of the Recovery Funds
Recipients of Federal awards from funds authorized under the
Recovery Act must comply with all reporting requirements outlined in
Section 1512 of the Recovery Act. For purposes of reporting, recipients
of recovery funds from RD must report on sub-recipient activities as
specified below. Not later than 10 days after the end of each calendar
quarter, starting with the quarter ending June 30, 2009, and reporting
by July 10, 2009, the recipient must submit a report to the appropriate
Agency that will be posted to Recovery.gov. Each award will contain the
following reporting requirement:
Reporting and Registration Requirements Under Section 1512 of the
American Recovery and Reinvestment Act, 2009
(a) This award requires the recipient to complete projects or
activities which are funded under the Recovery Act and to report on use
of Recovery Act funds provided through this award. Information from
these reports will be made available to the public.
(b) The reports are due no later than ten calendar days after each
calendar quarter in which the recipient receives the assistance award
funded in whole or in part by the Recovery Act.
(c) Recipients and their sub-recipients must maintain current
registrations in the Central Contractor Registration (http://www.ccr.gov) at all times during which they have active Federal awards
funded with Recovery Act funds. A Dun and Bradstreet Data Universal
Numbering System (DUNS) Number (http://www.dnb.com/us/) is one of the
requirements for registration in the Central Contractor Registration.
(d) The recipient shall report the information described in Section
[[Page 36453]]
1512(c) of the Recovery Act, the reporting instructions and data
elements that will be provided online at http://www.FederalReporting.gov, and ensure that any information that is pre-
filled is corrected or updated as needed.
8. Priority
For Water and Environment, Community Facilities, and Rural Business
programs, 10 percent of funding shall be allocated for assistance in
persistent poverty counties.
9. Whistleblower Protection
Each recipient or sub-recipient awarded funds made available under
the Recovery Act shall promptly refer to the USDA Office of Inspector
General, any credible evidence that a principal, employee, agent,
contractor, sub-recipient, subcontractor, or other person has submitted
a false claim under the False Claims Act or has committed a criminal or
civil violation of laws pertaining to fraud, conflict of interest,
bribery, gratuity, or similar misconduct involving those funds.
Section 1553(a) of the Recovery Act provides protection for
whistleblowers:
Prohibition of Reprisals--An employee of any non-Federal employer
receiving covered funds may not be discharged, demoted, or otherwise
discriminated against as a reprisal for disclosing, including a
disclosure made in the ordinary course of an employee's duties, to the
Board, an inspector general, the Comptroller General, a member of
Congress, a State or Federal regulatory or law enforcement agency, a
person with supervisory authority over the employee (or such other
person working for the employer who has the authority to investigate,
discover, or terminate misconduct), a court or grand jury, the head of
a Federal agency, or their representatives, information that the
employee reasonably believes is evidence of--
(1) Gross mismanagement of an agency contract or grant relating to
covered funds;
(2) A gross waste of covered funds;
(3) A substantial and specific danger to public health or safety
related to the implementation or use of covered funds;
(4) An abuse of authority related to the implementation or use of
covered funds; or
(5) A violation of law, rule, or regulation related to an agency
contract (including the competition for or negotiation of a contract)
or grant, awarded or issued relating to covered funds.
10. Schedule of Expenditures of Federal Awards
Recipients agree to separately identify the expenditures for each
loan and grant award funded under the Recovery Act on the SEFA and the
SF-SAC required by OMB Circular A-133. This identification on the SEFA
and SF-SAC shall include the Federal award number, the CFDA number, and
amount, such that separate accountability and disclosure is provided
for Recovery Act funds by Federal award number consistent with the
recipient reports required by Section 1512(c).
11. Prohibitions
None of the funds appropriated or otherwise made available under
the Recovery Act may be used by any State or local government or any
private entity for any casino or other gambling related establishment,
aquarium, zoo, golf course or swimming pool. This prohibition extends
to all facilities that maintain such establishments. In implementing
this prohibition RD specifically will not finance projects, such as
dwellings and hotels, with swimming pools. (Section 1604 of the
Recovery Act.)
12. Civil Rights
Programs referenced in this notice are subject to applicable Civil
Rights Laws. These laws include the Equal Credit Opportunity Act, Title
VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act
of 1968, as amended in 1988, Section 504 of the Rehabilitation Act of
1973, and the Age Discrimination Act of 1975.
13. Application Procedure
Unless otherwise specified in this Notice, the application
procedure for assistance under this Notice is the same as the regular
application procedure for the particular program for which financial
assistance is requested.
D. Funding Availability
1. Community Facilities (CF) Programs
General. The CF Direct Loan and Grant Programs are designed to
finance and facilitate the development of essential community
facilities servicing rural areas. These facilities include, but are not
limited to, hospitals; medical clinics; elderly care facilities; police
stations and vehicles; fire and rescue stations and vehicles;
vocational and medical rehabilitation centers; and educational
facilities. Funds under this Notice can be used to construct, enlarge
or improve community facilities for health, public safety, and
education. This may include the purchase of equipment or furnishings
required for a facility's operation.
Recovery Act Authorization. Pursuant to the Recovery Act, funding
is available as follows:
CF Direct Loan Funds.................................. $1,136,188,811
Less National Office Reserve.......................... 568,094,811
Allocation to States.................................. 568,094,000
CF Grant Funds........................................ 61,110,000
Less National Office Reserve.......................... 30,553,000
Allocation to States.................................. 30,557,000
Applicable Statutory or Regulatory Authority.
Consolidated Farm and Rural Development Act, Section 306
(7 U.S.C. 1926(a)(1) and (19)).
7 CFR Part 1942, Subpart A, Community Facilities Direct
Loan Program.
7 CFR Part 1942, Subpart C, Fire and Rescue Loans.
7 CFR Part 3570, Subpart B, Community Facilities Grant
Program.
Further Information. The essential community facility must
primarily serve rural areas, be located in a rural area with a
population of 20,000 or less, and the median household income of the
population to be served by the proposed facility must be below the
higher of the poverty line or 90 percent of the State non-metropolitan
median household income. The amount of CF grant funds that a project is
eligible for will be determined in accordance with 7 CFR Part 3570,
Subpart B. CF grant funds will not exceed 75 percent of the total
project cost. Additionally, if other Federal grant assistance is
received, the aggregate of Federal grant assistance may not exceed 75
percent of the total project cost. Rural Development has determined
that it will review and make awards under this NOFA as applications are
received based on the existing criteria in 7 CFR, Part 3570, Subpart B,
and 7 CFR, Part 1942, Subpart A. Applications will be reviewed,
approved, and obligated in the States' Rural Development offices.
2. Single Family Housing (SFH) Programs
General. USDA Rural Development will provide assistance through its
SFH loan program in rural areas as authorized under the Recovery Act.
The SFH loan programs are designed to assist very low, low-income, and
moderate-income households to obtain modest, decent, safe, and sanitary
housing for use as a permanent residence in rural areas.
Recovery Act Authorization. Pursuant to the Recovery Act, funding
is available as follows:
[[Page 36454]]
(a) Section 502 Guaranteed SFH Loans
Guarantees--Purchase............................. $9,849,606,299
Guarantees--Refinance............................ 400,000,000
(1) Purchase--Amount Available for 2009 Recovery Act
Allocation
Amount Available for Allocation.................. 9,849,606,299
Less National Office General Reserve............. 2,849,606,299
Allocation to the States......................... 7,000,000,000
(2) Refinance--Amount Available for 2009 Recovery Act
Allocation
Total Available.................................. 400,000,000
Less National Office General Reserve............. 400,000,000
(b) Section 502 Direct SFH Loans
Amount Available for Allocation.................. 967,113,095
Less National Office General Reserve............. 290,143,000
Allocation to the States......................... 676,979,000
Applicable Statutory or Regulatory Authority.
The Housing Act of 1949 as amended.
7 CFR Part 1980, Subpart D (Guaranteed).
7 CFR Part 3550 (Direct).
Further Information. All SFH programs typically are administered
through field offices. For more information or to request an
application, please contact the Rural Development state office
servicing your area listed in the ADDRESSES section of this notice.
Section 502 Guaranteed SFH Refinance loan funds, however, will be
distributed from the National Office.
All Section 502 loans involving construction or repair costs
greater than $2,000 funded with recovery funds will be subject to the
provisions of the Davis-Bacon Act. The National Office will maintain a
general reserve. These funds will be available to states that exhaust
their Recovery Act allocations.
3. Business & Industry (B&I) Guaranteed Loan Program
USDA Rural Development will provide B&I guaranteed loan funds for
eligible businesses as authorized under the Recovery Act. As program
details are currently under consideration, a separate NOFA will be
issued providing program specifics at a later date.
4. Rural Business Enterprise Grant (RBEG) Program
General. RBS's primary objective is to improve the economic
conditions of rural areas. RBEG funding will be used to support the
development of small and emerging private business enterprises in rural
areas. The USDA Rural Development will administer grant awards made
under the RBEG program and 7 U.S.C. 1932(c) for fiscal years (FYs) 2009
and 2010. RBEG program regulations are in 7 CFR part 1942, subpart G.
Expenses incurred in developing applications will be at the applicant's
risk.
Recovery Act Authorization. Pursuant to the Recovery Act, funding
is available as follows:
Rural Business Enterprise Grants--$19,400,000.
Approximate Number of Awards: Estimate 200;
Average Award: $99,000;
Anticipated Award Date: Ongoing until available funds are expended.
Applicable Statutory or Regulatory Authority.
Consolidated Farm and Rural Development Act, Section 310B
(7 U.S.C. 1932).
7 CFR Part 1942, subpart G.
Dates. RBEG applications will be accepted in the State Offices on a
rolling basis. States will be required to submit applications to the
National Office by local close of business on the last business day of
each month (June 29, July 31 and so forth) until funds are expended.
Further Information. Applicants can obtain grant application
information and submit applications for Rural Business Enterprise
Grants through the grants.gov site at http://www.grants.gov. Users of
grants.gov alternatively may download a copy of the application package
to complete offline. Applications in paper format should be submitted
to the USDA Rural Development State Office where the project is
located. All applicants must have a Dun and Bradstreet Data Universal
Numbering System (DUNS) number which can be obtained at no cost via a
toll-free request line at 1-866-705-5711 or at http://www.dnb.com/us/ us/.
Eligible Projects will be scored, ranked, and submitted to the
Secretary for final selection for Recovery Act funding. Unsuccessful
projects submitted under the Recovery Act will be returned to the
appropriate State Offices for possible funding under the Omnibus
Appropriations Act, 2009.
Matching funds are not required.
5. Water and Environmental Programs (WEP)
This Notice is intended to announce the availability of additional
assistance to be administered through the WEP as authorized under the
Recovery Act, 2009, as follows:
WEP Direct Loans Funds................................ $2,733,515,732
WEP Grant Funds....................................... 924,680,000
Circuit Rider Technical Assistance.................... 14,280,000
USDA Rural Development's WEP provides a wide variety of loan,
grant, and loan guarantee assistance to rural residents, rural
communities and rural utility systems. Funding shall be used for the
cost of direct loans and grants for the rural water, waste water and
waste disposal programs authorized by section 306 and described in
section 381E(d)(2) of the Consolidated Farm and Rural Development Act.
(a) Assistance Available through This Notice.
The Act enables USDA Rural Development to make additional funds
available for WEP with Direct Loans and Grants. Eligible applicants are
public bodies, organizations operated on a not-for-profit basis, Indian
tribes on Federal and State reservations and other Federally-recognized
Indian tribes. These funds will be used to serve rural areas with a
population not in excess of 10,000. Eligible loan and grant purposes
include, but are not limited to, constructing, enlarging, extending or
otherwise improving rural water, sanitary sewage, solid waste disposal
and storm wastewater disposal facilities. None of the borrower and
project eligibility requirements as outlined in 7 CFR part 1780,
including availability of other credit, income or population are waived
under this Notice.
Further details on eligible applicants and projects may be found in
the relevant regulations listed in applicable statutory or regulatory
authority below.
(b) National Environment Policy Act of 1969.
The WEP implementation of the Recovery Act will utilize existing
[[Page 36455]]
environmental review compliance requirements in accordance with its
statutory and regulatory obligations. The agency's environmental
policies and procedures are codified in 7 CFR Part 1794. All relevant
environmental compliance requirements are integrated in the above
regulation, including the National Environmental Policy Act, National
Historic Preservation Act and Endangered Species Act compliance
processes.
All WEP applicants are required to integrate environmental factors,
along with other technical and financial considerations into early
project planning and design. The agency has guidance documents for
applicants posted on the following webpage--http://www.usda.gov/rus/water/ees/bulletin.htm. The environmental review process must be
complete, including all public notice requirements prior to funding any
proposals.
(c) Applicable Statutory or Regulatory Authority.
Title 1 of Division A of the American Recovery and
Reinvestment Act, 2009;
Consolidated Farm and Rural Development Act, Section
306(a)(1), (2) and (22) (7 U.S.C. 1926(a)(1), (2) and (22));
7 CFR Part 1780, Water and Waste Loans and Grants; and
RD Instruction 1940-C, Davis Bacon and Related Acts
(Available in any RD Office).
6. Broadband Direct Loans and Grants
Rural Development anticipates making Direct Broadband loans and
grants available to eligible entities using Recovery Act funds. Further
information regarding Broadband loans and grants will be provided
separately in a subsequent NOFA or a series of NOFAs.
Civil Rights: Programs referenced in this Notice are subject to
applicable Civil Rights Laws. These laws include the Equal Credit
Opportunity Act, Title VI of the Civil Rights Act of 1964, Title VIII
of the Civil Rights Act of 1968, as amended in 1988, Section 504 of the
Rehabilitation Act of 1973 and the Age Discrimination Act of 1975.
Non-Discrimination Statement: The U.S. Department of Agriculture
(USDA) prohibits discrimination in all its programs and activities on
the basis of race, color, national origin, age, disability, and where
applicable, sex, marital status, familial status, parental status,
religion, sexual orientation, genetic information, political beliefs,
reprisal, or because all or part of an individual's income is derived
from any public assistance program. (Not all prohibited bases apply to
all programs.) Persons with disabilities who require alternative means
for communication of program information (Braille, large print,
audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600
(voice and TDD). To file a complaint of discrimination, write to USDA,
Director, Office of Civil Rights, 1400 Independence Avenue, SW.,
Washington, DC 20250-9410, or call (800) 795-3272 (voice), or (202)
720-6382 (TDD). ``USDA is an equal opportunity provider, employer, and
lender.''
Dated: July 17, 2009.
Dallas Tonsager,
Under Secretary.
[FR Doc. E9-17512 Filed 7-22-09; 8:45 am]
BILLING CODE 3410-XY-P