[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Notices]
[Pages 70818-70822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26876]


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DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service

[Docket #RBS-21-BUSINESS-0026]


Notice of Funding Opportunity for the Biofuel Producer Program 
for Fiscal Year 2021

AGENCY: Rural Business-Cooperative Service, USDA.

ACTION: Notice.

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SUMMARY: The Rural Business-Cooperative Service (RBCS or Agency), an 
agency of the United States Department of Agriculture (USDA), announces 
the application window, application requirements and the availability 
of up to $700 million in payments to eligible biofuel producers for 
unexpected market losses as a result of COVID-19 in order to maintain a 
viable and significant biofuels market for agricultural producers that 
supply biofuel producers. The Biofuel Producer Program is authorized 
under Title I of Division B of the Coronavirus Aid, Relief, and 
Economic Security (CARES) Act. All applicants are responsible for any 
expenses incurred in developing their applications.

DATES: Applications for the Biofuel Producer Program must be received 
by 11:59 p.m. EDT on February 11, 2022.

ADDRESSES: Application materials, requirements and other important 
information is available on the Biofuel Producer Program's website at 
https://www.rd.usda.gov/programs-services/energy-programs/biofuel-producer-relief-payments-program. Application materials may also be 
obtained by contacting the Agency at [email protected].
    Application submission: Applications must be submitted 
electronically to [email protected] by the deadline stated in the 
DATES section of this Notice.

FOR FURTHER INFORMATION CONTACT: Lisa Noty, USDA Rural Development, 
Rural Business-Cooperative Service. Telephone: (712) 254-4366, email: 
[email protected]. Persons with disabilities that require alternative 
means for communication should contact the U.S. Department of 
Agriculture (USDA) Target Center at (202) 720-2600 (voice).

SUPPLEMENTARY INFORMATION: 

Overview

    Federal Agency: Rural Business-Cooperative Service.
    Funding Opportunity Title: Notice of Funding Opportunity for the 
Biofuel Producer Program for Fiscal Year 2021.
    Announcement Type: Notice of Funding Opportunity.
    Assistance Listings Number: 10.378.
    Due Date for Applications: Applications must be submitted 
electronically to [email protected] and must be received by 11:59 
p.m. Eastern Daylight Time (EDT) February 11, 2022.

A. Program Description

    1. Purpose of the program. The Biofuel Producer Program will make 
payments to eligible producers of eligible biofuel for unexpected 
market losses as a result of COVID-19. These payments to biofuel 
producers support the maintenance and viability of a significant market 
for agricultural producers of products such a corn, soybean or biomass 
that supply biofuel production. Payment to a biofuel producer will be 
based upon the volume of market loss the biofuel producer experienced 
in calendar year 2020. The producer's volume of market loss will be 
calculated by comparing the amount of fuel (gallons of eligible 
biofuel) they produced in calendar year 2020 to the amount of fuel 
(gallons of eligible biofuel) produced in calendar year 2019. Eligible 
biofuel (gallons of biofuel) produced by the eligible producer in 2020 
to meet required contractual commitments resulting in a gross profit 
loss will be deducted from 2020 production by the Agency's calculation 
of program payments. Quantities of gaseous biofuel will be converted 
into gallons based on the British Thermal Unit (BTU) equivalent of one 
gallon of biodiesel using factors published by the Energy Information 
Administration (EIA).
    The payments will be based on a fixed amount per gallon for all 
eligible producers. The fixed amount per gallon will be calculated by 
dividing the amount of program funding available by the total volume of 
market loss reported by eligible program applicants. USDA may limit the 
payment fixed amount per gallon.
    2. Statutory authority. The CARES Act (Pub. L. 116-136) authorizes 
the Secretary of Agriculture to prevent, prepare for, and respond to 
coronavirus by providing support for agricultural producers impacted by 
coronavirus. This authority includes supporting agricultural producers 
that rely on biofuels producers as a market for their agricultural 
products such as corn, soybeans and biomass, by making payments to 
producers of biofuels in order to maintain a viable and significant 
market for such agricultural products in light of the adverse effects 
on that market from the coronavirus. In some cases, crops have been 
specifically developed for biofuel production, such as high-amylase 
corn varieties that are designed for the ethanol fermentation process. 
Many agricultural producers may be part of farmer-owned cooperatives 
that in some case require members to supply a certain amount of a crop 
to the plant.
    3. Definitions. The following definitions are applicable to this 
Notice:
    Agency means Rural Business-Cooperative Service, USDA, Rural 
Development.
    Applicant means a sole proprietorship or legal entity who makes a 
request for payment under this Notice.
    Eligible biofuel means renewable fuel that is produced from 
renewable biomass and that is used to replace or reduce the quantity of 
fossil fuel present in a transportation fuel, comprised of advanced 
biofuel, biomass-based diesel, cellulosic biofuel, or conventional 
biofuel, as such terms are defined in section 211(o)(1) of the Clean 
Air Act (42 U.S.C. 7545(o)(1)) produced in the United States.
    Eligible producer means a sole proprietorship or legal entity that 
produces an eligible biofuel. A sole proprietorship or legal entity 
that produces eligible biofuel as a third-party producer under a toll/
bailment arrangement production contract is considered an eligible 
producer under this Notice. The following are not considered an 
eligible producer under this Notice:
    i. A sole proprietorship or legal entity that exclusively contracts 
for the production of biofuel by a third-party

[[Page 70819]]

producer(s) under a toll/bailment arrangement/third party production 
contract.
    ii. A sole proprietorship or legal entity that blends or otherwise 
combines biofuels into a blended biofuel.
    Gross Profit means revenue minus the cost of goods sold. Gross 
profit only includes variable costs and does not account for fixed 
costs.
    Recipient means a sole proprietorship or legal entity receiving a 
Biofuel Producer Program payment under this Notice.

B. Federal Award Information

    Type of awards: Payment.
    Available funds: Up to $700,000,000.
    Payment amounts: The total number of payments and the funding 
provided per recipient will depend on the number of eligible 
recipients.
    Due date for applications: Applications must be submitted 
electronically to [email protected] and must be received by 11:59 
p.m. EDT February 11, 2022.
    Anticipated award date: Payments to participating biofuels 
producers will be made following the conclusion of the application 
cycle. The Agency anticipates only making one payment to selected 
applicants under this Notice.
    Type of assistance instrument: Payment.

C. Eligibility Information

    1. Eligible applicants. To be eligible for this program, the 
applicant must be an independent eligible producer or own and control 
multiple eligible producer entities as defined in section A.3 of this 
Notice. Eligible producers that are owned or controlled by a sole 
proprietorship or entity that owns or controls multiple eligible 
producers are not eligible applicants--in such cases, the sole 
proprietorship or entity that owns or controls multiple eligible 
producers may be an eligible applicant. In addition, to be eligible for 
this program, applicants must meet all requirements for program 
payments, and must meet the citizenship requirement specified in 
paragraphs i or ii, as applicable, of this section.
    i. If the applicant is a sole proprietorship, the applicant must be 
a citizen or national of the United States (U.S.), the Republic of 
Palau, the Federated States of Micronesia, the Republic of the Marshall 
Islands, or American Samoa, or must reside in the U.S. after legal 
admittance for permanent residence.
    ii. If the applicant is an entity other than a sole proprietorship, 
the applicant must be at least 51 percent owned by persons who are 
either citizens or nationals of the U.S., the Republic of Palau, the 
Federated States of Micronesia, the Republic of the Marshall Islands, 
or American Samoa, or legally admitted permanent residents residing in 
the U.S.
    iii. The Agency will determine an applicant's eligibility for 
participation in this program.
    iv. If additional information is needed for the Agency to determine 
an applicant's eligibility, the Agency will notify the applicant, in 
writing, as soon as practicable. This notification will identify, at a 
minimum, the additional information being requested and a timeframe in 
which to supply the information.
    v. An otherwise eligible producer will be determined to be 
ineligible if the producer:
    a. Refuses to allow the Agency to verify any information provided 
by the applicant under this program, including information for 
determining applicant eligibility and application payments; or
    b. Fails to meet any of the conditions set out in this Notice or in 
other program documents; or
    c. Fails to comply with all applicable Federal, tribal, state, and 
local laws.
    2. Eligible recipient. Payments will be made to eligible producers 
of eligible biofuel for unexpected market losses as a result of COVID-
19.
    3. Other. Applicants must report all production of all eligible 
biofuel for all their production facilities under a single application 
and must include production facilities that did not experience market 
losses. A production facility may be reported by only one applicant. 
Application requirements and other important information is available 
on the program's website [Insert Web Address].

D. Application and Submission Information

    1. Web Address for requesting application package. Applicants 
seeking to participate in this program must submit an application in 
accordance with this Notice. Application and supporting materials are 
available on the program's website at https://www.rd.usda.gov/programs-services/energy-programs/biofuel-producer-relief-payments-program.
    2. Electronic application and submission. Applications must be 
submitted electronically to [email protected]. Instructions and 
resources for completing the application are available on the program's 
website at https://www.rd.usda.gov/programs-services/energy-programs/biofuel-producer-relief-payments-program. No other form of application 
will be accepted.
    3. Dun and Bradstreet Data Universal Numbering System (DUNS) and 
System for Award Management (SAM). All applicants must have a DUNs 
number which can be obtained at no cost via a toll-free request line at 
(866) 705-5711 or online at http://fedgov.dnb.com/webform.
    i. Each applicant must (a) be registered in the System for Award 
Management (SAM) before submitting its application and (b) provide a 
valid unique entity identifier in its application, unless determined 
exempt under 2 CFR 25.110. It is strongly recommended that applicants 
begin the registration process as soon as possible.
    ii. Applicant must maintain an active SAM registration, with 
current, accurate and complete information, at all times during which 
it has an active Federal award or an application under consideration by 
a Federal awarding agency.
    iii. Applicant must complete the Financial Assistance General 
Certifications and Representations in SAM.
    iv. The Agency will not make an award until the applicant has 
complied with all applicable DUNS (unique entity identifier) and SAM 
requirements including maintaining an active SAM registration. If an 
applicant has not fully complied with the requirements by the time the 
Agency is ready to make an award, the Agency may determine that the 
applicant is not qualified to receive a Federal award and use that 
determination as a basis for making a Federal award to another 
applicant.
    4. Content of Application. Applications must contain all parts 
necessary for the Agency to determine applicant eligibility, conduct 
the application evaluation, and calculate payment, as applicable, in 
order to be considered.
    i. A complete application is comprised of the following elements:
    a. Application form, Form RD 4288-7.
    b. Application worksheet reporting production of eligible biofuel, 
Part B Attachment to Form RD 4288-7. Applicants producing eligible 
biofuel in more than one production facility must report production for 
all of their production facilities including production facilities that 
did not experience market losses.
    c. Automated Clearing House Vendor/Miscellaneous Payment Enrollment 
Form, Form SF-3881.
    d. Assurance Agreement, Form RD 400-4.

[[Page 70820]]

    e. Disclosure of Lobbying Activities, Form SF-LLL.
    f. Certification for Contracts, Grants and Loans (RD Instruction 
1940-Q; Exhibit A-1).
    g. Contracts and Financial Information. Include copies of contracts 
and financial statements and supporting documentation for payment 
requests that include production in 2020 that was required to meet 
contractual commitments and resulted in a gross profit loss.
    h. Certifications. The producer must furnish the Agency the 
Renewable Identification Number (RIN) for each biofuel and all required 
certifications before acceptance into the program and furnish access to 
the producer's records required by the Agency to verify compliance with 
program provisions. The required certifications depend on the type of 
biofuel produced.
    1. Alcohol. For alcohol producers with authority from the Bureau of 
Alcohol, Tobacco and Firearms (ATF) to produce alcohol, certify to 
compliance of either:
    i. The Alcohol Fuel Producers Permit (ATF F 5110.74) or
    ii. The registration of Distilled Spirits Plant (ATF F 5110.41) and 
Operating Permit (ATF F 5110.23).
    2. Hydrous ethanol. For hydrous ethanol that is upgraded by another 
distiller to anhydrous ethyl alcohol, the increased ethanol production 
is eligible for payment one time only. If the biofuel producer 
submitting the application under this notice is:
    i. The hydrous ethanol producer, then the biofuel producer shall 
include with the application a certification, acceptable to the Agency, 
from the distiller stating that the:
    A. Applicable hydrous ethanol produced is distilled and denatured 
for fuel use according to ATF requirements, and
    B. Distiller will not submit an application for payment under this 
notice.
    ii. The distiller that upgrades hydrous ethanol to anhydrous ethyl 
alcohol, then the biofuel producer shall include with the application a 
certification, acceptable to the Agency, from the hydrous ethanol 
producer stating that the hydrous ethanol producer will not submit an 
application for payment under this notice.
    Note: The Agency may pay the first applicant to the exclusion of 
other possible applicants. Or, the Agency may require an agreement as 
to payment before paying either. Alternatively, the Agency may 
designate whether the distiller or the hydrous ethanol producer will be 
the payee where needed to ensure program integrity.
    3. Biodiesel, biomass-based diesel, and liquid hydrocarbons derived 
from biomass. For these fuels, the biofuel producer's certification 
that the producer, the biofuel biorefinery, and the biofuel meet the 
definition, registration requirements as applicable under the Energy 
Independence and Security Act, and Clean Air Act, and quality 
requirements per applicable ASTM International standards and 
commercially acceptable quality standards of the local market. The 
biofuel producer must also provide the Renewable Identification Number 
(RIN) for each biofuel and BQ-9000 certification.
    4. Gaseous biofuel. For gaseous biofuel producers, copy of contract 
and certification that the biofuel meets commercially acceptable 
pipeline quality standards of the local market.
    ii. All applications determined to be insufficient to determine 
eligibility as stated in Sections C and D.3 of this Notice shall be 
deemed as incomplete and will not receive funding.
    5. Submission dates and times. The deadline date for applications 
to be received, in order to be considered for funding, is specified in 
the DATES section at the beginning of this notice.
    6. Funding restrictions. The following restrictions apply:
    i. The Agency anticipates only making one payment to an eligible 
applicant under this Notice.
    ii. An applicant that is otherwise an eligible producer under this 
Notice and also contracts for production of biofuel by a third-party 
producer under a toll/bailment arrangement/third party production 
contract, may not include the biofuel produced by the third party. The 
application for payment under this Notice will only include eligible 
biofuel produced by the eligible applicant and not the biofuel produced 
by a third party under a third-party contract.
    7. Other Submission Requirements. The following requirements apply:
    i. Applications must be submitted electronically.
    ii. Only one application may be submitted per applicant.
    A. Applications by an eligible producer requesting payments for 
multiple facilities must be submitted under a single application and 
must report production for all their production facilities including 
production facilities that did not experience market losses.
    B. Applications requesting payments for multiple eligible producer 
entities controlled by a sole proprietorship or entity must be 
submitted under a single application by the controlling (parent) 
entity. Applicants must report production for all production facilities 
the controlling entity (parent) controls under a single application 
including production facilities that did not experience market losses.

E. Application Review Information

    1. Criteria. The applicant must be an eligible applicant and meet 
the requirements of section C. Eligibility Information. The applicant 
must be an eligible producer and produce eligible biofuel. Payment to 
an eligible producer will be based upon the volume of market loss the 
biofuel producer experienced in calendar year 2020 based on the 
requirements specified in this notice. Market loss will be calculated 
by comparing the amount of fuel (gallons of eligible biofuel) an 
applicant produced in calendar year 2019 to the amount of fuel (gallons 
of eligible biofuel) produced in the calendar year 2020. Applicants 
producing eligible biofuel in more than one production facility, market 
loss will be calculated based on the production for all of their 
production facilities including production facilities that did not 
experience market losses.
    2. Review and selection process. The Agency will make its 
determination as to whether or not the applicant, producer, and biofuel 
is eligible for payment. If an applicant, producer, or biofuel is 
determined to be ineligible, the Agency will notify the applicant, in 
writing, of its determination and inform of any review and appeal 
rights. Payments to successfully appealed applications will be limited 
to available funding. After an application is submitted, eligible 
producers may be required to submit additional clarification if their 
original submittal is not sufficient to verify eligibility for payment 
or amount of payment.
    3. Payment provisions. Payments will be made to all eligible 
producers based on the requirements specified in this notice in 
accordance with the provisions of this section.
    i. Market loss. Eligible producers of eligible biofuel produced in 
the United States, shall demonstrate unexpected market losses as a 
result of COVID-19 by furnishing data containing:
    a. Amount of eligible biofuel (gallons of biofuel) produced by the 
eligible producer in the calendar year 2019 as part of the application 
worksheet described in section D.4.i.b. of this Notice.
    b. Amount of eligible biofuel (gallons of biofuel) produced by the 
eligible producer in the calendar year 2020 as part of the application 
worksheet

[[Page 70821]]

described in section D.4.i.b. of this Notice.
    c. Amount of eligible biofuel (gallons of biofuel) reported under 
(b), above, produced by the eligible producer in 2020 to meet required 
contractual commitments resulting in a gross profit loss.
    d. A signed statement from the applicant attesting to the validity 
of the information furnished under (a)-(c) above contained in the 
application form described in section D.4.i.a. of this Notice.
    e. Any supporting documentation or data that the applicant may 
believe will be useful in evaluating the volume of market loss 
experienced as a result of COVID-19.
    ii. Execution of Payments. Based upon the volume of market loss 
experience data collected as a result of this Notice, the USDA will 
affix a target volume amount per gallon, limited by the amount of 
funding available under the authorizing legislation. The amount of 
payment to a recipient will not exceed $50 million. The maximum amount 
of payment will be applied for each controlling (parent) entity. The 
Agency will convert the production of gaseous biofuel into gallons 
based on the BTU equivalent of one gallon of biodiesel using factors 
published by the EIA.
    iii. Payment liability. Any payment, or portion thereof, made under 
this Notice shall be made without regard to questions of title under 
state law and without regard to any claim or lien against the advanced 
biofuel, or proceeds thereof, in favor of the owner or any other 
creditor, except agencies of the U.S. Government or to the extent such 
payments are subject to offset for debts referred to the Treasury 
Offset Program.
    iv. Refunds and interest payments. A biofuel producer who receives 
payments under this Notice may be required to refund such payments as 
specified in this section. If the Agency suspects fraudulent 
representation through its review and records inspections, the producer 
will be referred to the Office of Inspector General for appropriate 
action.
    a. A biofuel producer receiving payments under this Notice shall 
become ineligible if the Agency determines the biofuel producer has: 
(1) Made any fraudulent representation; or (2) misrepresented any 
material fact affecting an Agency determination.
    b. If an Agency determination that a producer is not eligible for 
participation under this Notice is appealed and overturned, the Agency 
will make an appropriate and applicable payment to the producer from 
program funds, to the extent such funds are available.
    c. Any payment made to an entity determined by the Agency to be 
ineligible shall be refunded to the Agency with interest and other such 
sums as may become due, including, but not limited to, any interest, 
penalties, and administrative costs as determined appropriate under 31 
CFR 901.9.
    d. When a refund is due, it shall be paid promptly. The Agency may 
use all collection remedies available to it in accordance to 7 CFR part 
3, including but not limited to offset of federal and state payments 
through the Treasury Offset Program, reporting of the debt to 
commercial credit reporting agencies, debarment from receiving federal 
financial assistance under 31 U.S.C. 3720B, and referral to the 
Department of Justice for enforcement through litigation.
    4. Appeals. Applicants may have either appeal or review rights for 
Agency decisions made under this Notice. Agency decisions that are 
adverse to the individual applicant are appealable, while matters of 
general applicability are not subject to appeal; however, such 
decisions are reviewable for appealability by the National Appeals 
Division (NAD). All appeals will be conducted by NAD and will be 
handled in accordance with 7 CFR part 11. All appeal provisions will be 
concluded before proceeding with collection actions.

F. Federal Awarding Administration Information

    1. Federal award notices. Applicants will be contacted in writing 
by the Agency to arrange transfer of program payments under this 
Section. If a producer is determined to be ineligible, the Agency will 
notify the producer, in writing, of its determination and inform the 
producer of any review and appeal rights. Payments to successfully 
appealed applications will be limited to available funding.
    2. Administrative and national policy requirements. The Agency 
reserves the right to request/require that the applicant provide 
original signatures on forms submitted electronically.
    3. Reporting. All recipients of Federal financial assistance are 
required to report information about first-tier sub-awards and 
executive compensation in accordance with 2 CFR part 170. If an 
applicant does not have an exception under 2 CFR 170.110(b), the 
applicant must then ensure that it has the necessary processes and 
systems in place to comply with the reporting requirements to receive 
funding.
    In addition, the Agency is requesting that each applicant provide 
race, ethnicity, and gender information about the applicant. The 
information will allow the Agency to evaluate its outreach efforts to 
under-served and under-represented populations. Applicants are 
encouraged to furnish this information with their applications but are 
not required to do so. An applicant's eligibility or the likelihood of 
receiving an award will not be impacted by furnishing or not furnishing 
this information.

G. Federal Awarding Agency Contacts

    For further information, contact Lisa Noty, Loan and Grant 
Specialist, Program Operations Office, USDA Rural Business-Cooperative 
Service, 511 West 7th Street, Atlantic, Iowa 50022. Telephone: (712) 
254-43661400. Email: [email protected]. Persons with disabilities that 
require alternative means for communication should contact the USDA 
Target Center at (202) 720-2600 (voice).

H. Other Information

    1. Congressional Review Act. Pursuant to Subtitle E of the Small 
Business Regulatory Enforcement Fairness Act of 1996 (also known as the 
Congressional Review Act or CRA), 5 U.S.C. 801 et seq., the Office of 
Information and Regulatory Affairs in the Office of Management and 
Budget designated this action as a major rule as defined by 5 U.S.C. 
804(2) because it is likely to result in an annual effect on the 
economy of $100,000,000 or more. Accordingly, there is a 60-day delay 
in the effective date of this action. Application selection will not 
begin until after February 11, 2022. Therefore, the 60-day delay 
required by the CRA is not expected to have a material impact upon the 
administration and/or implementation of the Biofuel Producer Program.
    2. Paperwork Reduction Act. In accordance with the Paperwork 
Reduction Act of 1995 (44 U.S.C. chapter 35), the Agency requested that 
the Office of Management and Budget (OMB) conduct an emergency review 
by December 13, 2021, of a new information collection that contains the 
Information Collection and Recordkeeping requirements contained in this 
notice.
    Copies of all forms and instructions referenced in this Notice may 
be obtained from the program's website at https://www.rd.usda.gov/programs-services/energy-programs/biofuel-producer-relief-payments-program. Data furnished by the applicants will be used to determine 
eligibility for program

[[Page 70822]]

benefits. Furnishing the data is voluntary; however, the failure to 
provide data could result in program benefits being withheld or denied. 
Comments are invited on (a) whether the collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility; (b) the 
accuracy of the Agency's estimate of burden including the validity of 
the methodology and assumption used; (c) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (d) ways 
to minimize the burden of the collection of information on those who 
are to respond, including using appropriate automated, electronic, 
mechanical, or other technological collection techniques on other forms 
and information technology.
    Title: Biofuel Producer Program.
    Type of Request: New collection.
    Abstract: The Biofuel Producer Program was authorized under Title I 
of Division B of the Coronavirus Aid, Relief, and Economic Security Act 
(Pub. L. 116-136). The purpose of the program is to make payments to 
eligible producers of eligible biofuel for unexpected market losses as 
a result of COVID-19.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 1.57 hours per response.
    Estimated Number of Respondents: 300.
    Estimated Total Annual Responses: 633.
    Estimated Total Recordkeeping Hours: 0.
    Estimated Total Burden Hours: 996.
    Estimated Total Annual Burden (including recordkeeping) on 
Respondents: 996 hours.
    Copies of this information collection can be obtained from Pamela 
Bennett, Management Analyst, Regulations Management Division, U.S. 
Department of Agriculture, 1400 Independence Ave. SW, Washington, DC 
20250. Phone: 202-720-9639. Email: [email protected].
    All responses to this information collection and recordkeeping 
notice will be summarized and included in the request for OMB approval. 
All comments will also become a matter of public record.
    3. Environmental review information. Payments are being made to 
producers with existing facilities. Therefore, payments made under this 
Notice are categorically excluded from the environmental review 
process.
    4. Other federal statutes. The applicant must certify to compliance 
with other Federal statutes and regulations by completing the Financial 
Assistance General Certifications and Representations in SAM, 
including, but not limited to the following:
    i. 7 CFR part 15, subpart A--Nondiscrimination in Federally-
Assisted Programs of the Department of Agriculture--Effectuation of 
Title VI of the Civil Rights Act of 1964. Civil Rights compliance 
includes, but is not limited to the following:
    a. Race and ethnicity data will be collected in accordance with 
Office of Management and Budget (OMB) Federal Register Notice, 
``Revisions to the Standards for the Classification of Federal Data on 
Race and Ethnicity'' (published October 30, 1997 at 62 FR 58782). Sex 
data will be collected in accordance with Title IX of the Education 
Amendments of 1972. These items should not be submitted with the 
application but should be available upon request by RBCS.
    b. The applicant must comply with Title VI of the Civil Rights Act 
of 1964, Title IX of the Education Amendments of 1972, the Americans 
with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 
1973, the Age Discrimination Act of 1975, Executive Order 12250, and 7 
CFR part 1901, subpart E.
    ii. 2 CFR part 417--Governmentwide Debarment and Suspension (Non-
procurement), or any successor regulations.
    iii. 2 CFR parts 200 and 400 (Uniform Assistance Requirements, Cost 
Principles and Audit Requirements for Federal Awards), or any successor 
regulations.
    iv. Subpart B of 2 CFR part 421, which adopts the Governmentwide 
implementation (2 CFR part 182) of the Drug-Free Workplace Act.
    v. Executive Order 13166, ``Improving Access to Services for 
Persons with Limited English Proficiency.'' For information on limited 
English proficiency and agency-specific guidance go to http://www.lep.gov/.
    vi. Federal Obligation Certification on Delinquent Debt.
    5. Nondiscrimination Statement. In accordance with Federal civil 
rights law and USDA civil rights regulations and policies, the USDA, 
its Mission Areas, agencies, staff offices, employees, and institutions 
participating in or administering USDA programs are prohibited from 
discriminating based on race, color, national origin, religion, sex, 
gender identity (including gender expression), sexual orientation, 
disability, age, marital status, family/parental status, income derived 
from a public assistance program, political beliefs, or reprisal or 
retaliation for prior civil rights activity, in any program or activity 
conducted or funded by USDA (not all bases apply to all programs). 
Remedies and complaint filing deadlines vary by program or incident.
    Program information may be made available in languages other than 
English. Persons with disabilities who require alternative means of 
communication to obtain program information (e.g., Braille, large 
print, audiotape, American Sign Language) should contact the 
responsible Mission Area, agency, or staff office; the USDA TARGET 
Center at (202) 720-2600 (voice and TTY); or the Federal Relay Service 
at (800) 877-8339.
    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 https://www.ocio.usda.gov/document/ad-3027, 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;
    (2) Fax: (833) 256-1665 or (202) 690-7442; or
    (3) Email: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

Karama Neal,
Administrator, Rural Business-Cooperative Service.
[FR Doc. 2021-26876 Filed 12-10-21; 8:45 am]
BILLING CODE 3410-XY-P