[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)]
[Rules and Regulations]
[Pages 45031-45034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19199]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 /
Rules and Regulations
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DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Parts 1709, 1739, 1776, and 1783
RIN 0572-AC39
Announcement Process for Rural Utilities Service Grant Programs
AGENCY: Rural Utilities Service, USDA.
ACTION: Final rule.
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SUMMARY: The Rural Utilities Service (RUS) is issuing a final rule to
conform with newly implemented uniform posting requirements for federal
grants, so that interested applicants need only search one federal
posting site on grant opportunities.
DATES: This final rule is effective September 5, 2018.
FOR FURTHER INFORMATION CONTACT: Michele Brooks, Regulations Team Lead,
Rural Development Innovation Center, U.S. Department of Agriculture,
STOP 1522, 1400 Independence Ave. SW, Washington, DC 20250-1550,
Telephone number: (202) 690-1078.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This final rule has been determined to be not significant for the
purposes of Executive Order 12866, Regulatory Planning and Review, and
therefore has not been reviewed by the Office of Management and Budget
(OMB).
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. The Agency has determined that this rule meets
the applicable standards provided in section 3 of the Executive Order.
In addition, all state and local laws and regulations that are in
conflict with this rule will be preempted. No retroactive effect will
be given to this rule and, in accordance with section 212(e) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6912(e)), administrative appeal procedures must be exhausted before an
action against the Department or its agencies may be initiated.
Executive Order 12372
This final rule is not subject to the requirements of Executive
Order 12372, ``Intergovernmental Review,'' as implemented under USDA's
regulations at 2 CFR part 415, subpart C.
Executive Order 13771
The programs affected by this rulemaking are not subject to
Executive Order 13771 as they are considered transfer programs and are
exempt from the Executive Order.
Regulatory Flexibility Act Certification
RUS has determined that this final rule will not have a significant
economic impact on a substantial number of small entities, as defined
in the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The matter
covered by this rulemaking is administrative, concerning the Agency's
process for implementation of the program.
Environmental Impact Statement
This final rule has been examined under Agency environmental
regulations at 7 CFR part 1970. The Administrator has determined that
this is not a major Federal action significantly affecting the
environment. Therefore, in accordance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), an Environmental Impact
Statement is not required.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance (CFDA) numbers assigned
to these programs are 10.859, ``Assistance to High Energy Cost Rural
Communities,'' 10.862, ``Household Water Well System Grant Program,''
10.863, ``Community Connect Grant Program,'' and 10.864 ``Grant Program
to Establish a Fund for Financing Water and Wastewater Projects.'' The
Catalog is available on the internet at http://www.cfda.gov. The CFDA
website also contains a PDF file version of the Catalog.
Unfunded Mandates
This final rule contains no Federal mandates (under the regulatory
provisions of Title II of the Unfunded Mandates Reform Act of 1995) for
state, local, and tribal governments or the private sector. Therefore,
this rule is not subject to the requirements of sections 202 and 205 of
the Unfunded Mandates Reform Act of 1995.
E-Government Act Compliance
RUS is committed to the E-Government Act, which requires Government
agencies in general to provide the public the option of submitting
information or transacting business electronically to the maximum
extent possible.
Executive Order 13132, Federalism
The policies contained in this final rule do not have any
substantial direct effect on states, on the relationship between the
national government and the states, or on the distribution of power and
responsibilities among the various levels of government. Nor does this
final rule impose substantial direct compliance costs on state and
local governments. Therefore, consultation with the states is not
required.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
This final rule has been reviewed in accordance with the
requirements of Executive Order 13175, ``Consultation and Coordination
with Indian Tribal Governments.'' Executive Order 13175 requires
Federal agencies to consult and coordinate with tribes on a government-
to-government basis on policies that have tribal implications,
including regulations, legislative comments or proposed legislation,
and other policy statements or actions that have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
Rural Development has assessed the impact of this rule on Indian tribes
and determined that this rule does not, to our knowledge, have tribal
implications that require tribal consultation under E.O. 13175. If a
tribe would like to engage in consultation with Rural Development on
this rule, please contact Rural Development's Native American
Coordinator at (720) 544-2911 or [email protected].
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USDA Non-Discrimination Policy
In accordance with Federal civil rights law and U.S. Department of
Agriculture (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.
Persons with disabilities who require alternative means of
communication for program information (e.g., Braille, large print,
audiotape, American Sign Language, etc.) should contact the responsible
Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or
contact USDA through the Federal Relay Service at (800) 877-8339.
Additionally, program information may be made available in languages
other than English.
To file a program discrimination complaint, complete the USDA
Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or
write a letter addressed to USDA and provide in the letter all of the
information requested in the form. To request a copy of the complaint
form, call (866) 632-9992. Submit your completed form or letter 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; (2) fax: 1 (833) 256-1665; or (3) email:
[email protected]. USDA is an equal opportunity provider,
employer, and lender.
Information Collection and Recordkeeping Requirements
This final rule contains no new reporting or recordkeeping burdens
under OMB control numbers 0572-0127, 0572-0136, 0572-0138, and 0572-
0139 that would require approval under the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35).
Background
Rural Development is a mission area within the USDA comprised of
the Rural Utilities Service, Rural Housing Service, and Rural Business/
Cooperative Service. Rural Development's mission is to increase
economic opportunity and improve the quality of life for all rural
Americans. Rural Development meets its mission by providing loans, loan
guarantees, grants, and technical assistance through more than 40
programs aimed at creating and improving housing, businesses, and
infrastructure throughout rural America.
In accordance with Executive Order 13777, Enforcing the Regulatory
Reform Agenda, RUS was tasked with identifying duplicative actions that
can be streamlined which could result in time and cost savings. In
doing so, RUS identified certain RUS grant regulations require that a
Notice of Funds Availability (NOFA) be published in the Federal
Register on an annual basis to announce the open/close period for the
grant programs. Given that federal agencies must now publish grant
Funding Opportunity Announcements (FOA) on www.Grants.gov, several
agency regulations must now be amended to conform with the Uniform
Administrative Requirements, Cost Principles, And Audit Requirements
For Federal Awards in 2 CFR part 200. All pertinent information that
the public will need to apply for each of the grant programs will be
included in the FOA as required by 2 CFR 200.203. In addition, the
agency will include the information on the program website and in the
program application guide, which will be linked to the FOA.
Interested parties may subscribe to funding opportunities on
Grants.gov by logging in to www.Grants.gov and choosing the ``Connect''
tab to access the ``Connect Center.'' Subscribing to opportunities,
will allow users to receive updates and notifications for specific
funding opportunities.
To implement these changes, RUS is publishing this action as a
final rule. The Administrative Procedures Act exempts from prior notice
rules any actions ``relating to agency management or personnel or to
public property, loans, grants, benefits, or contracts'' (5 U.S.C.
553(b)(A)).
List of Subjects
7 CFR Part 1709
Administrative practice and procedure, Electric power, Grant
programs--energy, Loan programs--energy, Reporting and recordkeeping
requirements, Rural areas.
7 CFR Part 1739
Grant programs--communications, Rural areas, Telecommunications,
Telephone.
7 CFR Part 1776
Agriculture, Community development, Community facilities, Credit,
Grant programs--housing and community development, Nonprofit
organizations, Reporting and recordkeeping requirements, Rural areas,
Waste treatment and disposal, Water pollution control, Water resources,
Water supply, Watersheds.
7 CFR Part 1783
Business and industry, Community development, Community facilities,
Grant programs-housing and community development, Reporting and
recordkeeping requirements, Rural areas, Waste treatment and disposal,
Water supply, Watersheds.
Accordingly, for reasons set forth in the preamble, 7 CFR parts
1709, 1739, 1776, and 1783 are amended as follows:
PART 1709--ASSISTANCE TO HIGH COST ENERGY COMMUNITIES
0
1. The authority citation for part 1709 continues to read as follows:
Authority: 5 U.S.C. 301, 7 U.S.C. 901 et seq.
Subpart A--General Requirements
0
2. Amend Sec. 1709.3 by adding a definition for ``Funding opportunity
announcement'' in alphabetical order to read as follows:
Sec. 1709.3 Definitions.
* * * * *
Funding opportunity announcement (FOA) means a publicly available
document by which a Federal agency makes know its intentions to award
discretionary grants or cooperative agreements, usually as a result of
competition for funds. FOA announcements may be known as program
announcements, notices of funding availability, solicitations, or other
names depending on the agency and type of program. FOA announcements
can be found at www.Grants.gov in the Search Grants tab and on the
funding agency's or program's website.
* * * * *
Subpart B--RUS High Energy Cost Grant Program
0
3. Revise Sec. 1709.114 to read as follows:
Sec. 1709.114 Application process.
The RUS will request applications for high energy cost grants on a
competitive basis by posting a FOA on www.Grant.gov. The FOA will
establish
[[Page 45033]]
the amount of funds available, the application package contents and
additional requirements, the availability of application materials,
high energy cost community eligibility benchmarks, selection criteria
and weights, priority considerations, deadlines and procedures for
submitting applications. This information will also be made available
in the RUS High Energy Cost Grant program application guide and the RUS
High Energy Cost Grant program website.
0
4. Amend Sec. 1709.121 by revising paragraph (d) to read as follows:
Sec. 1709.121 Administrator's review and selection of grant awards.
* * * * *
(d) In the event an insufficient number of eligible applications
are received in response to a FOA and selected for funding to exhaust
the funds available, the Administrator reserves the discretion to
reopen the application period and to accept additional applications for
consideration under the terms of the FOA. Another FOA regarding the
reopening of an application period will be announced on www.Grants.gov.
PART 1739--BROADBAND GRANT PROGRAM
0
5. The authority citation for part 1739 continues to read as follows:
Authority: Title III, Pub. L. 108-199, 118 Stat. 3.
Subpart A--Community Connect Grant Program
0
6. Amend Sec. 1739.1 by revising the third sentence of paragraph (a)
to read as follows:
Sec. 1739.1 Purpose.
(a) * * * The Agency will give priority to rural areas that have
the greatest need for broadband services, based on the criteria
contained herein and in the RUS Community Connect Program application
guide and/or the Community Connect Program website and in the funding
opportunity announcement (FOA) posted on www.Grants.gov.
* * * * *
0
7. Revise Sec. 1739.2 to read as follows:
Sec. 1739.2 Funding availability and application dates and
submission.
(a) The Agency will post a FOA on www.Grants.gov that will set
forth the total amount of funding available; the maximum and minimum
funding for each grant; funding priority; the application submission
dates; and the appropriate addresses and agency contact information.
The FOA will also outline and explain the procedures for submission of
applications, including electronic submissions. The Agency may publish
more than one FOA should additional funding become available. This
information will also be made available in the RUS Community Connect
Grant program application guide and on the RUS Community Connect Grant
program website.
(b) Notwithstanding paragraph (a) of this section, the Agency may,
in response to a surplus of qualified eligible applications which could
not be funded from the previous fiscal year, decline to post a FOA for
the following fiscal year and fund said applications without further
public notice.
0
8. Amend Sec. 1739.3 by revising the first sentence of the definitions
of ``Broadband Grant Speed'' and ``Broadband service'' and by adding
the definition of ``Funding opportunity agreement'' in alphabetical
order to read as follows:
Sec. 1739.3 Definitions.
* * * * *
Broadband Grant Speed means the minimum bandwidth described in the
funding opportunity that an applicant must propose to deliver to every
customer in the proposed funded service area in order for the Agency to
approve a broadband grant. * * *
Broadband service means any terrestrial technology having the
capacity to provide transmission facilities that enable subscribers of
the service to originate and receive high-quality voice, data,
graphics, and video at the minimum rate of data transmission described
in the funding opportunity. * * *
* * * * *
Funding opportunity announcement (FOA) means a publicly available
document by which a Federal agency makes know its intentions to award
discretionary grants or cooperative agreements, usually as a result of
competition for funds. FOA announcements may be known as program
announcements, notices of funding availability, solicitations, or other
names depending on the agency and type of program. FOA announcements
can be found at www.Grants.gov in the Search Grants tab and on the
funding agency's or program's website.
* * * * *
0
9. Amend Sec. 1739.15 by revising the introductory text to read as
follows:
Sec. 1739.15 Completed application.
Applications should be prepared in conformance with the provisions
of this part and all applicable regulations, including 2 CFR part 200,
as adopted by USDA through 2 CFR part 400. Applicants must also conform
to the requirements of the FOA posted on www.Grants.gov, the RUS
Community Connect Grant program application guide, and the Community
Connect Grant program website. Applicants should refer to the FOA and
the application guide for submission directions. The application guide
contains instructions and forms, as well as other important information
needed to prepare an application and is updated on an annual basis.
Paper copies of the application guide can be requested by contacting
the Loan Origination and Approval Division at 202-720-0800. Completed
applications must include the following documentation, studies, reports
and information, in form and substance satisfactory to the Agency:
* * * * *
0
10. Amend Sec. 1739.16 by revising the first sentence of paragraph (a)
to read as follows:
Sec. 1739.16 Review of grant applications.
(a) All applications for grants must be delivered to the Agency at
the address and by the date specified in the FOA, the Community Connect
Grant program application guide and the Community Connect Grant program
website (see Sec. 1739.2) to be eligible for funding. * * *
* * * * *
0
11. Amend Sec. 1739.17 by revising paragraph (d)(7) to read as
follows:
Sec. 1739.17 Scoring of applications.
* * * * *
(d) * * *
(7) Any other additional factors that may be outlined in the FOA,
the Community Connect Grant program application guide, and the
Community Connect Grant program website.
PART 1776--HOUSEHOLD WATER WELL SYSTEM GRANT PROGRAM
0
12. The authority citation for part 1776 continues to read as follows:
Authority: 7 U.S.C. 1926e.
0
13. Amend Sec. 1776.3 by adding a definition for ``Funding opportunity
announcement'' in alphabetical order to read as follows:
Sec. 1776.3 Definitions.
* * * * *
Funding opportunity announcement (FOA) means a publicly available
[[Page 45034]]
document by which a Federal agency makes know its intentions to award
discretionary grants or cooperative agreements, usually as a result of
competition for funds. FOA announcements may be known as program
announcements, notices of funding availability, solicitations, or other
names depending on the agency and type of program. FOA announcements
can be found at www.Grants.gov in the Search Grants tab and on the
funding agency's or program's website.
* * * * *
0
14. Revise Sec. 1776.6 to read as follows:
Sec. 1776.6 Funding availability.
A FOA will be posted to www.Grants.gov in fiscal years that funds
are available for this program. The FOA will establish the period
during which applications for such funds may be submitted for
consideration.
0
15. Amend Sec. 1776.8 by revising paragraph (d) to read as follows:
Sec. 1776.8 Methods for submitting applications.
* * * * *
(d) The methods of submitting applications may be changed from time
to reflect changes in addresses and electronic submission procedures.
The applicant should refer to the most recent FOA for notice of any
such changes. In the event of any discrepancy, the most recent FOA must
be followed.
PART 1783--REVOLVING FUNDS FOR FINANCING WATER AND WASTEWATER
PROJECTS (REVOLVING FUND PROGRAM)
0
16. The authority citation for part 1783 continues to read as follows:
Authority: 7 U.S.C. 1926 (a)(2)(B).
Subpart A--General
0
17. Amend Sec. 1783.3 by adding a definition for ``Funding opportunity
announcement'' in alphabetical order to read as follows:
Sec. 1783.3 What definitions are used in this regulation?
* * * * *
Funding opportunity announcement (FOA) means a publicly available
document by which a Federal agency makes know its intentions to award
discretionary grants or cooperative agreements, usually as a result of
competition for funds. FOA announcements may be known as program
announcements, notices of funding availability, solicitations, or other
names depending on the agency and type of program. FOA announcements
can be found at Grants.gov in the Search Grants tab and on the funding
agency's or program's website.
* * * * *
Subpart B--Revolving Loan Program Grants
0
18. Revise Sec. 1783.6 to read as follows:
Sec. 1783.6 When will applications for grants be accepted?
A FOA will be posted to www.Grants.gov in fiscal years that funds
are available for this program. The FOA will establish the period
during which applications for such funds may be submitted for
consideration.
0
19. Amend Sec. 1783.8 by revising the second sentence of paragraph (c)
to read as follows:
Sec. 1783.8 What are the acceptable methods for submitting
applications?
* * * * *
(c) * * * Applicants should refer to the most recent FOA for notice
of any such changes. In the event of any discrepancy, the information
contained in the FOA must be followed. * * *
Dated: August 27, 2018.
Christopher A. McLean,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2018-19199 Filed 9-4-18; 8:45 am]
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