[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Notices]
[Pages 53443-53448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18773]


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DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service

[Docket #: RBS-22-BUSINESS-0015]


Notice of Solicitation of Applications for Inviting Applications 
for the Rural Economic Development Loan and Grant Programs for Fiscal 
Year 2023

AGENCY: Rural Business-Cooperative Service, Department of Agriculture.

ACTION: Notice.

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SUMMARY: The Rural Business-Cooperative Service (Agency), an agency of 
the United States Department of Agriculture (USDA) invites applications 
for loans and grants under the Rural Economic Development Loan and 
Grant Programs (REDLG or Programs) for fiscal year (FY) 2023, subject 
to the availability of funding. This notice is being issued prior to 
the passage of a FY 23 Appropriations Act, which may or may not provide 
funding for this program, to allow applicants sufficient time to 
leverage financing, prepare and submit their applications, and give the 
Agency time to process applications within FY 2023. Successful 
applications will be selected by the Agency for funding and 
subsequently awarded to the extent that funding may ultimately be made 
available through appropriations. An announcement on the Agency website 
at https://www.rd.usda.gov/newsroom/federal-funding-opportunities will 
identify the amount received in the FY 23 appropriations.

DATES: The deadlines for completed applications to be received in the 
USDA Rural Development (RD) State Office for quarterly funding 
competitions are no later than 4:30 p.m. (local time) on: First 
Quarter, September 30, 2022; Second Quarter, December 31, 2022; Third 
Quarter, March 31, 2023 and Fourth Quarter, June 30, 2023.
    The application dates and times are firm. The Agency will not 
consider any application received after the deadline for funding 
competition in that fiscal quarter.
    Applicants intending to mail applications must allow sufficient 
time to permit delivery on or before the closing deadline date and 
time. Acceptance by the United States Postal Service or private mailer 
does not constitute delivery.

[[Page 53444]]

    Facsimile (FAX) or postage due applications will not be accepted.

ADDRESSES: Applications must be submitted to the USDA RD State Office 
for the state where the project is located. Applications may be 
submitted in paper or electronic format to the appropriate RD State 
Office and must be received by 4:30 p.m. local time on the deadline 
date(s). Applicants are encouraged to contact their respective State 
Office for an email contact to submit an electronic application prior 
to the submission deadline date(s). A list of the USDA RD State Office 
contacts can be found at: https://www.rd.usda.gov/contact-us/state-offices. This notice will also be announced at: https://grants.gov.

FOR FURTHER INFORMATION CONTACT: Cindy Mason at [email protected], 
Program Management Division, Business Programs, Rural Business-
Cooperative Service, U.S. Department of Agriculture, 1400 Independence 
Avenue SW, Stop 3226, Room 5160-South, Washington, DC 20250-3226, or 
call (202) 720-1400. For further information on this notice, please 
contact the USDA Rural Development State Office in the state which the 
applicant's headquarters is located. A list of RD State Office contacts 
is provided at the following link: https://www.rd.usda.gov/contact-us/state-offices.

SUPPLEMENTARY INFORMATION:

Overview

    Federal Agency Name: Rural Business-Cooperative Service.
    Funding Opportunity Type: Rural Economic Development Loans and 
Grants.
    Announcement Type: Initial Solicitation Announcement.
    Assistance ListingNumber: 10.854.
    Funding Opportunity Number: RD-RBCS-23-REDLG.
    Dates: The deadlines for complete applications to be received in 
the USDA RD State Office for quarterly funding competitions are no 
later than 4:30 p.m. (local time) on: First Quarter, September 30, 
2022; Second Quarter, December 31, 2022; Third Quarter, March 31, 2023 
and Fourth Quarter, June 30, 2023.
    Administrative:
    (i) The Agency encourages applicants to consider projects that will 
advance the key priorities below:
     Assisting rural communities to recover economically 
through more and better market opportunities and through improved 
infrastructure.
     Ensuring all rural residents have equitable access to RD 
programs and benefits from RD funded projects.
     Reducing climate pollution and increasing resilience to 
the impacts of climate change through economic support to rural 
communities.
    (ii) The Agency advises all interested parties that the applicant 
bears the burden in preparing and submitting an application in response 
to this notice whether or not funding is appropriated for these 
programs in FY 2023.
    (iii) If the proposal involves new construction; large increases in 
employment; hazardous waste; a change in use, size, capacity, purpose, 
or location from an original facility; or is publicly controversial, 
the following is required: environmental documentation in accordance 
with 7 CFR part 1970; financial and statistical information; and 
written project description.
    (iv) The Further Consolidated Appropriations Act, 2022, SEC. 736 
designates funding for projects in persistent poverty counties. 
Persistent poverty counties as defined in SEC. 736 is ``any county that 
has had 20 percent or more of its population living in poverty over the 
past 30 years, as measured by the 1990 and 2000 decennial censuses, and 
2007-2011 American Community Survey 5-year average, or any territory or 
possession of the United States''. Another provision in SEC. 736 
expands the eligible population in persistent poverty counties to 
include any county seat of such a persistent poverty county that has a 
population that does not exceed the authorized population limit by more 
than 10 percent. This provision expands the current 50,000 population 
limit to 55,000 for only county seats located in persistent poverty 
counties. Therefore, applicants and/or beneficiaries of technical 
assistance services located in persistent poverty county seats with 
populations up to 55,000 (per the 2010 Census) are eligible.

A. Program Description

    (1) Purpose of the Program. The Rural Economic Development Loan 
(REDL) and Grant (REDG) Programs (REDLG or Program(s)) provide 
financing to eligible Rural Utilities Service (RUS) electric or 
telecommunications borrowers (Intermediaries) to promote rural economic 
development and job creation projects. Assistance provided to rural and 
Tribal areas, as defined, under this program may include business 
startup costs, business expansion, business incubators, technical 
assistance feasibility studies, advanced telecommunications services 
and computer networks for medical, educational, and job training 
services, and Community Facilities, as defined at 7 CFR 4280.3, 
projects for economic development.
    (2) Statutory Authority. These Programs are authorized under 7 
U.S.C. 940c-2 and 7 CFR part 4280, subpart A.
    (3) Definition of Terms. The definitions applicable to this notice 
are published at 7 CFR 4280.3.
    (4) Application of Awards. The Agency will review, evaluate, and 
score applications received in response to this notice based on the 
provisions found in 7 CFR part 4280, subpart A, and as indicated in 
this notice.

B. Federal Award Information

    Type of Awards: Loans and Grants.
    Fiscal Year Funds: FY 2023.
    Available Funds: Anyone interested in submitting an application for 
funding under these Programs are encouraged to consult the RD Notices 
of Solicitation of Applications website at https://www.rd.usda.gov/newsroom/federal-funding-opportunities.
    Maximum Award: The Agency anticipates the following maximum amounts 
per award: Loans--$2,000,000; Grants--$300,000.
    Anticipated Award Dates: First Quarter, November 30, 2022; Second 
Quarter, February 28, 2023; Third Quarter, May 31, 2023; and Fourth 
Quarter, August 31, 2023.
    Performance Period: December 1, 2022, through September 30, 2024.
    Renewal or Supplemental Awards: None.

C. Eligibility Information

    (1) Eligible Applicants. Loans and grants may be made to any entity 
that is identified by USDA RD as an eligible borrower under the Rural 
Electrification Act of 1936, as amended (Act). In accordance with 7 CFR 
4280.13, applicants that are not delinquent on any Federal debt or not 
otherwise disqualified from participation in these Programs are 
eligible to apply. An applicant must be eligible under 7 U.S.C. 940c. 
Notwithstanding any other provision of law, any former RUS borrower 
that has repaid or prepaid an insured, direct, or guaranteed loan under 
the Act, or any not-for-profit utility that is eligible to receive an 
insured or direct loan under such Act shall be eligible for assistance 
under section 313(b)(2)(B) of such Act in the same manner as a borrower 
under such Act. All other restrictions in this notice will apply.
    (2) Cost Sharing or Matching. For loans, either the ultimate 
recipient or the intermediary must provide supplemental funds for the 
project equal to at least 20 percent of the loan to the intermediary. 
For grants, the intermediary must establish a revolving loan fund and 
contribute an amount

[[Page 53445]]

equal to at least 20 percent of the grant. The supplemental 
contribution must come from the intermediary's funds which may not be 
from other Federal grants, unless permitted by law.
    (3) Other.
    (i) There are no ``responsiveness'' or ``threshold'' eligibility 
criteria for these loans and grants. There is no limit on the number of 
applications an applicant may submit under this announcement.
    (ii) None of the funds made available by this or any other Act may 
be used to enter into a contract, memorandum of understanding, or 
cooperative agreement with, make a grant to, or provide a loan or loan 
guarantee to any corporation that:
    (a) Has any unpaid Federal tax liability that has been assessed, 
for which all judicial and administrative remedies have been exhausted 
or have lapsed, and that is not being paid in a timely manner pursuant 
to an agreement with the authority responsible for collecting the tax 
liability, where the awarding agency is aware of the unpaid tax 
liability, unless a Federal agency has considered suspension or 
debarment of the corporation and has made a determination that this 
further action is not necessary to protect the interests of the 
Government.
    (b) Was convicted of a felony criminal violation under any Federal 
law within the preceding 24 months, where the awarding agency is aware 
of the conviction, unless a Federal agency has considered suspension or 
debarment of the corporation and has made a determination that this 
further action is not necessary to protect the interests of the 
Government.
    (4) Completeness Eligibility. Applications will not be considered 
for funding if they do not provide sufficient information to determine 
eligibility or are missing required elements.

D. Application and Submission Information

    (1) Address to Request Application Package. For further 
information, entities wishing to apply for assistance should contact 
the USDA RD State Office provided in the ADDRESSES section of this 
notice to obtain copies of the application package.
    Prior to official submission of grant applications, applicants may 
request technical assistance or other application guidance from the 
Agency, as long as such requests are made at least 15 days prior to 
each quarter submission date. Technical assistance is not meant to be 
an analysis or assessment of the quality of the materials submitted, a 
substitute for agency review of completed applications, nor a 
determination of eligibility, if such determination requires in-depth 
analysis. The Agency will not solicit or consider scoring or 
eligibility information that is submitted after the application 
deadline. The Agency reserves the right to contact applicants to seek 
clarification information on materials contained in the submitted 
application.
    Applications may be submitted in paper or electronic format to the 
appropriate RD State Office and must be received by 4:30 p.m. local 
time on the deadline date(s) to compete for available funds in that 
quarter. Applicants are encouraged to contact their respective State 
Office for an email contact to submit an electronic application prior 
to the submission deadline date(s). Applications may be submitted to a 
RD State Office at any time but must be received by 4:30 p.m. local 
time on deadline(s) to compete for the available funds in that fiscal 
quarter.
    (2) Content and Form of Application Submission. An application must 
contain all of the required elements. Each selection priority criterion 
outlined in 7 CFR 4280.42(b) must be addressed in the application. 
Failure to address any of the criterion will result in a zero-point 
score for that criterion and will impact the overall evaluation of the 
application. Copies of 7 CFR part 4280, subpart A, will be provided to 
any interested applicant making a request to a RD State Office. An 
original copy of the application package must be filed with the RD 
State Office for the State where the intermediary is located.
    (i) A complete application must include, but is not limited to, the 
following:
    (a) An original and one copy of Form SF 424, ``Application for 
Federal Assistance (for non-construction)'';
    (b) Copies of applicant's organizational documents showing the 
applicant's legal existence and authority to perform the activities 
under the Programs;
    (c) A resolution of the Board of Directors;
    (d) SF-LLL, ``Restrictions on Lobbying'';
    (e) RD Form 400-1, ``Equal Opportunity Agreement'' (if 
construction);
    (f) Evidence of compliance with the Earthquake Hazards Reduction 
Act of 1977, as amended (42 U.S.C. 7701 et seq.), ``Seismic Safety of 
Federal and Federally Assisted or Regulated New Building 
Construction'';
    (g) Documentation required in accordance with 7 CFR part 1970, 
``Environmental Policies and Procedures'';
    (h) A proposed scope of work, including a description of the 
proposed project, details of the proposed activities to be accomplished 
and timeframes for completion of each task, the number of months 
duration of the project, and the estimated time it will take from 
approval to beginning of project implementation;
    (i) A written narrative that includes, at a minimum, the following 
items:
    (1) An explanation of why the project is needed, the benefits of 
the proposed project, and how the project meets the grant eligible 
purposes, if applicable;
    (2) Area to be served, identifying each governmental unit, i.e., 
tribe, town, county, etc., to be affected by the project;
    (3) Description of how the project will coordinate economic 
development activities with other economic development activities 
within the project area;
    (4) Businesses to be assisted, if appropriate, and economic 
development to be accomplished;
    (5) An explanation of how the proposed project will result in newly 
created, increased, or supported jobs in the area and the number of 
projected new and supported jobs within the next 3 years;
    (6) A description of the applicant's demonstrated capability and 
experience in providing the proposed project assistance, including 
experience of key staff members and persons who will be providing the 
proposed project activities and managing the project;
    (7) The method and rationale used to select the areas and 
businesses that will receive the service;
    (8) A brief description of how the work will be performed, 
including whether organizational staff or consultants or contractors 
will be used; and
    (9) Other information the Agency may request to assist it in making 
an award determination.
    (j) The last 3 years of financial information to show the 
applicant's financial capacity to carry out the proposed work. If the 
applicant is less than 3 years old, at a minimum, the information 
should include all balance sheet(s), income statement(s), and cash flow 
statement(s). A current audited report is required, if available;
    (k) Documentation regarding the availability and amount of other 
funds to be used in conjunction with the funds from REDLG; and
    (l) A budget which includes salaries, fringe benefits, consultant 
costs, indirect costs, and other appropriate direct costs for the 
project.

[[Page 53446]]

    (ii) The applicant documentation and forms needed for a complete 
application are listed above and at 7 CFR 4280.39. Applicants may 
request forms and addresses from the ADDRESSES section of this notice.
    (iii) There are no specific limitations on the number of pages, 
font size and type face, margins, paper size, number of copies, and the 
sequence or assembly requirements.
    (iv) The component pieces of this application should contain 
original signatures on the original application. Any form that requires 
an original signature but is signed electronically in the application 
submission, must be signed in ink by the authorized person prior to the 
disbursement of funds.
    (3) System for Award Management and Unique Entity Identifier. At 
the time of application, each applicant must have an active 
registration in the System for Award (SAM) before submitting its 
application in accordance with 2 CFR 25. In order to register in SAM, 
entities will be required to create Unique Entity Identifier (UEI). 
Instructions for obtaining the UEI are available at https://sam.gov/content/entity-registration.
    (i) 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.
    (ii) Applicant must ensure they complete the Financial Assistance 
General Certifications and Representations in SAM.
    (iii) Applicants must provide a valid UEI in its application, 
unless determined exempt under 2 CFR 25.110.
    (iv) The Agency will not make an award until the applicant has 
complied with all SAM requirements including providing the UEI. If an 
applicant has not fully complied with the requirements by the time the 
Agency is ready to make an award, the Agency may determine that the 
applicant is not qualified to receive a Federal award and use that 
determination as a basis for making a Federal award to another 
applicant.
    (4) Submission Dates and Times.
    (i) Application Funding Competition Deadlines: No later than 4:30 
p.m. (local time) on: First Quarter, September 30, 2022; Second 
Quarter, December 31, 2022; Third Quarter, March 31, 2023; and Fourth 
Quarter, June 30, 2023.
    Explanation of Dates: Applications must be in the USDA RD State 
Office by the dates and times as indicated above. If the due date falls 
on a Saturday, Sunday, or Federal holiday, the application is due the 
next business day.
    (ii) The deadline date means that the completed application package 
must be received in the USDA RD State Office by the deadline date and 
time established above. All application documents identified in this 
notice are required.
    (iii) If completed applications are not received by the deadline 
established above, the application will neither be reviewed nor 
considered in that quarter under any circumstances.
    (iv) The grantee may utilize a previously approved indirect cost 
rate. Otherwise, the applicant may elect to charge the 10 percent 
indirect cost permitted under 2 CFR 200.414(f). An indirect cost rate 
determination may be requested with the application; however, due to 
the time required to evaluate indirect cost rates, it is likely that 
all funds will be awarded before the indirect cost rate is determined. 
No foreign travel is permitted. Pre-Federal award costs will only be 
permitted with prior written approval by the Agency.
    (v) Applicants may submit applications in hard copy or electronic 
format as previously indicated in the Application and Submission 
Information section of this notice. If the applicant wishes to hand 
deliver its application, the addresses for these deliveries can be 
located in the ADDRESSES section of this notice.
    (vi) If you require alternative means of communication for program 
information (e.g., Braille, large print, audiotape, etc.) please 
contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).
    (5) Intergovernmental Review. This program is subject to Executive 
Order 12372, which requires intergovernmental consultation with state 
and local officials. RD conducts intergovernmental consultation as 
implemented with 2 CFR part 415, subpart C. Not all States have chosen 
to participate in the intergovernmental review process. A list of 
participating States is available at the following website: https://www.whitehouse.gov/omb/management/office-federal-financial-management/.

E. Application Review Information

    (1) Criteria. All eligible and complete applications will be 
evaluated and scored based on the selection criteria and weights 
contained in 7 CFR part 4280, subpart A. Failure to address any one of 
the criteria by the application deadline will result in the application 
being determined ineligible, and the application will not be considered 
for funding.
    (2) Review and Selection Process. The State Offices will review 
applications to determine if they are eligible for assistance based on 
requirements contained in 7 CFR part 4280, subpart A. If determined 
eligible, your application will be submitted to the National Office. 
Funding of projects is subject to the intermediary's satisfactory 
submission of the additional items required by that subpart and the 
USDA RD Letter of Conditions. Discretionary priority points, under 7 
CFR 4280.43(e), may be awarded with documented justification for the 
following categories:
    (i) Assisting rural communities recover economically through more 
and better market opportunities and through improved infrastructure. 
Applicant would receive priority points if the project is located in or 
serving one of the top 10 percent of counties or county equivalents 
based upon county risk score in the United States. The website, https://www.rd.usda.gov/priority-points, has the data to confirm if your 
project location qualifies for these discretionary points.
    (ii) Ensuring all rural residents have equitable access to RD 
programs and benefits from RD funded projects. Applicant would receive 
priority points if the project is located in or serving a community 
with a score 0.75 or above on the Center for Disease Control's Social 
Vulnerability Index. The website, https://www.rd.usda.gov/priority-points, has the data to confirm if your project location qualifies for 
these discretionary points.
    (iii) Reduce climate pollution and increasing resilience to the 
impacts of climate change through economic support to rural 
communities. Applicants will receive points through one of two options. 
See the website, https://www.rd.usda.gov/priority-points, for options.
    To ensure the broad geographic distribution of funding, the highest 
scoring application from each state will be grouped together and then 
ranked from highest to lowest score, with funds awarded in ranking 
order. If funds are available, the process of grouping, ranking, and 
awarding of funds will continue with the second highest scoring 
application from each state. The process will continue in this manner 
until all available funds have been awarded.

F. Federal Award Administration Information

    (1) Federal Award Notices. Successful applicants will receive 
notification for funding from the RD State Office. Applicants must 
comply with all applicable statutes and regulations before the loan/
grant award can be approved. Provided the application and

[[Page 53447]]

eligibility requirements have not changed, an eligible application not 
selected will be reconsidered in three subsequent quarterly funding 
competitions for a total of four competitions. If an application is 
withdrawn by the applicant, it can be resubmitted and will be evaluated 
as a new application.
    (2) Administrative and National Policy Requirements. Additional 
requirements that apply to intermediaries or grantees selected for 
these programs can be found in 7 CFR part 4280, subpart A. Awards are 
subject to USDA grant regulations at 2 CFR part 400 which adopts the 
Office of Management and Budget (OMB) regulations 2 CFR part 200.
    All successful applicants will be notified by letter which will 
include a Letter of Conditions, and a Letter of Intent to Meet 
Conditions. This letter is not an authorization to begin performance. 
If the applicant wishes to consider beginning performance prior to the 
loan or grant being officially closed, all pre-award costs must be 
approved in writing and in advance by the Agency. The loan or grant 
will be considered officially awarded when all conditions in the Letter 
of Conditions have been met and the Agency obligates the funding for 
the project.
    Additional requirements that apply to intermediaries or grantees 
selected for these Programs can be found in 7 CFR 4280, subpart A; 
Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards of the U.S. Department of Agriculture 
codified in 2 CFR 400.1 to 400.2, and 2 CFR part 415 to 422, and 
successor regulations to these parts.
    In addition, all recipients of Federal financial assistance are 
required to report information about first-tier sub-awards and 
executive compensation (see 2 CFR part 170). You will be required to 
have the necessary processes and systems in place to comply with the 
Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 
109-282) reporting requirements (see 2 CFR 170.200(b), unless you are 
exempt under 2 CFR 170.110(b)).
    The following additional requirements apply to intermediaries or 
grantees selected for these Programs:
    (i) Form RD 4280-2 ``Rural Business-Cooperative Service Financial 
Assistance Agreement.''
    (ii) Letter of Conditions.
    (iii) Form RD 1940-1, ``Request for Obligation of Funds.''
    (iv) Form RD 1942-46, ``Letter of Intent to Meet Conditions.''
    (v) LLL, ``Disclosure of Lobbying Activities,'' if applicable.
    (vi) Form SF 270, ``Request for Advance or Reimbursement.''
    (vii) Form RD 400-4, ``Assurance Agreement'' must be completed by 
the applicant and each prospective ultimate recipient.
    (viii) Intermediaries or grantees must collect and maintain data 
provided by ultimate recipients on race, sex, and national origin and 
ensure ultimate recipients collect and maintain this data. Race and 
ethnicity data will be collected in accordance with OMB Federal 
Register notice, ``Revisions to the Standards for the Classification of 
Federal Data on Race and Ethnicity'' (62 FR 58782), October 30, 1997. 
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 the Agency.
    (ix) The applicant and the ultimate recipient must comply with 
Title VI of the Civil Rights Act of 1964, Title IX of the Education 
Amendments of 1972, Americans with Disabilities Act (ADA), Section 504 
of the Rehabilitation Act of 1973, Age Discrimination Act of 1975, 
Executive Order 12250, Executive Order 13166 Limited English 
Proficiency (LEP), and 7 CFR part 1901, subpart E.
    (3) Reporting.
    (i) A financial status report and a project performance activity 
report will be required of all grantees on a quarterly basis until 
initial funds are expended and yearly thereafter, if applicable, based 
on the Federal fiscal year. The grantee will complete the project 
within the total time available to it in accordance with the scope of 
work and any necessary modifications thereof prepared by the grantee 
and approved by the Agency. A final project performance report will be 
required with the final financial status report. The final report may 
serve as the last quarterly report. The final report must provide 
complete information regarding the jobs created and supported as a 
result of the grant if applicable. Grantees must continuously monitor 
performance to ensure that time schedules are being met, projected work 
by time periods is being accomplished, and other performance objectives 
are being achieved. Grantees must submit an original of each report to 
the Agency no later than 30 days after the end of the quarter. The 
project performance reports must include, but not be limited to, the 
following:
    (a) A comparison of actual accomplishments to the objectives 
established for that period;
    (b) Problems, delays, or adverse conditions, if any, which have 
affected or will affect attainment of overall project objectives, 
prevent meeting time schedules or objectives, or preclude the 
attainment of particular project work elements during established time 
periods. This disclosure shall be accompanied by a statement of the 
action taken or planned to resolve the situation; and
    (c) Objectives and timetable established for the next reporting 
period.
    (d) Any special reporting requirements, such as jobs supported and 
created, businesses assisted, or economic development which results in 
improvements in median household incomes, and any other specific 
requirements, should be placed in the reporting section of the Letter 
of Conditions.
    (e) Within 90 days after the conclusion of the project, the 
intermediary will provide a final project evaluation report. The last 
quarterly payment will be withheld until the final report is received 
and approved by the Agency. Even though the intermediary may request 
reimbursement on a monthly basis, the last 3 months of reimbursements 
will be withheld until a final report, project performance, and 
financial status report are received and approved by the Agency.
    (ii) In addition to any reports required by 2 CFR part 200 and 2 
CFR 400.1 to 400.2 and 2 CFR part 415 to 422, the intermediary or 
grantee must provide reports as required by 7 CFR part 4280, subpart A.

G. Federal Awarding Agency Contact(s)

    For general questions about this announcement, please contact your 
USDA RD State Office provided in the ADDRESSES section of this notice.

H. Build America, Buy America

    Awards under this announcement for Infrastructure projects to Non-
Federal entities, defined pursuant to 2 CFR 200.1 as any State, local 
government, Indian tribe, Institution of Higher Education, or nonprofit 
organization, shall be governed by the requirements of Section 70914 of 
the Build America, Buy America Act (BABA) within the Infrastructure 
Investment and Jobs Act, and its implementing regulations. Recipients 
of an award of Federal financial assistance from a program for 
infrastructure are hereby notified that none of the funds provided 
under this award may be used for a project for infrastructure unless:
    (1) All iron and steel used in the project are produced in the 
United States. This means all manufacturing processes, from the initial 
melting stage

[[Page 53448]]

through the application of coatings, occurred in the United States.
    (2) All manufactured products used in the project are produced in 
the United States. This means the manufactured product was manufactured 
in the United States, and the cost of the components of the 
manufactured product that are mined, produced, or manufactured in the 
United States is greater than 55 percent of the total cost of all 
components of the manufactured product, unless another standard for 
determining the minimum amount of domestic content of the manufactured 
product has been established under applicable law or regulation.
    (3) All construction materials (excludes cement and cementitious 
materials, aggregates such as stone, sand, or gravel, or aggregate 
binding agents or additives) are manufactured in the United States. 
This means that all manufacturing processes for the construction 
material occurred in the United States.
    The Buy America preference only applies to articles, materials, and 
supplies that are consumed in, incorporated into, or affixed to an 
infrastructure project. As such, it does not apply to tools, equipment, 
and supplies, such as temporary scaffolding, brought to the 
construction site and removed at or before the completion of the 
infrastructure project. Nor does a Buy America preference apply to 
equipment and furnishings, such as movable chairs, desks, and portable 
computer equipment, that are used at or within the finished 
infrastructure project, but are not an integral part of the structure 
or permanently affixed to the infrastructure project.

I. Other Information

    (1) Civil Rights Requirements. All grants made under this notice 
are subject to Title VI of the Civil Rights Act of 1964 as required by 
the USDA (7 CFR part 15, subpart A) and Section 504 of the 
Rehabilitation Act of 1973, Title VIII of the Civil Rights Act of 1968, 
Title IX, Executive Order 13166 (Limited English Proficiency), 
Executive Order 11246, and the Equal Credit Opportunity Act of 1974.
    (2) Paperwork Reduction Act. In accordance with the Paperwork 
Reduction Act of 1995, the information collection requirement contained 
in this notice has been approved by OMB under OMB Control Number 0570-
0070.
    (3) National Environmental Policy Act. All recipients under this 
notice are subject to the requirements of 7 CFR 1970, available at: 
https://rd.usda.gov/resources/environmental-studies/environmental-guidance.
    (4) Nondiscrimination Statement. In accordance with Federal civil 
rights laws and U.S. Department of Agriculture (USDA) civil rights 
regulations and policies, the USDA, its Mission Areas, agencies, staff 
offices, employees, and institutions participating in or administering 
USDA programs are prohibited from discriminating based on race, color, 
national origin, religion, sex, gender identity (including gender 
expression), sexual orientation, disability, age, marital status, 
family/parental status, income derived from a public assistance 
program, political beliefs, or reprisal or retaliation for prior civil 
rights activity, in any program or activity conducted or funded by USDA 
(not all bases apply to all programs). Remedies and complaint filing 
deadlines vary by program or incident.
    Program information may be made available in languages other than 
English. Persons with disabilities who require alternative means of 
communication to obtain program information (e.g., Braille, large 
print, audiotape, American Sign Language) should contact the 
responsible Mission Area, agency, or staff office; 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.usda.gov/sites/default/files/documents/usda-program-discrimination-complaint-form.pdf, 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 about the nature and date of an alleged 
civil rights violation. The completed AD-3027 form or letter must be 
submitted to USDA by:

(1) Mail: U.S. Department of Agriculture, Office of the Assistant 
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 
20250-9410; or
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: [email protected].

Karama Neal,
Administrator, Rural Business-Cooperative Service, USDA Rural 
Development.
[FR Doc. 2022-18773 Filed 8-30-22; 8:45 am]
BILLING CODE 3410-XY-P