[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Notices]
[Pages 53452-53455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18783]


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DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service

[DOCKET#: RBS-22-BUSINESS-0014]


Notice of Solicitation of Applications for Inviting Applications 
for the Intermediary Relending Program for Fiscal Year 2023

AGENCY: Rural Business-Cooperative Service, USDA Rural Development.

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 
under the Intermediary Relending Program (IRP) for fiscal year (FY) 
2023, subject to availability of funding. This Notice is being issued 
prior to passage of a FY 2023 Appropriations Act in order to allow 
applicants enough time to leverage financing, prepare and submit their 
applications, and give the Agency time to process program 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 website at https://www.rd.usda.gov/newsroom/federal-funding-opportunities will identify the amount received in the appropriations. 
The Agency advises that all interested parties bear the financial 
burden of preparing and submitting an application in response to the 
notice whether or not funding is appropriated for this Program in FY 
2023.

DATES: The deadlines for completed applications to be received in the 
USDA Rural Development (RD) State Office for quarterly funding 
competitions is 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.

ADDRESSES: Applications must be submitted to the USDA RD State Office 
for the state where the applicant 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) to compete for available funds in the fiscal quarter. 
Applicants are encouraged to contact their respective RD 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/about-rd/state-offices.

FOR FURTHER INFORMATION CONTACT: Lori Pittman, Program Management 
Division, Business Programs, Rural Business-Cooperative Service, U.S. 
Department of Agriculture, 1400 Independence Avenue SW, MS 3226, Room 
5160-S, Washington, DC 20250-3226, [email protected] or call (202) 
720-9815. For further information on this notice, please contact the 
USDA RD State Office in the State in 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/about-rd/state-offices.

SUPPLEMENTARY INFORMATION: 

Overview

    Federal Awarding Agency Name: Rural Business-Cooperative Service.
    Funding Opportunity Title: Intermediary Relending Program.
    Announcement Type: Solicitation of Applications for FY 2023 loan 
funds.
    Assistance Listing Number: 10.767.
    Dates: The deadlines for completed applications to be received in 
the USDA RD State Office for quarterly funding competitions is 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

    1. Rural Development Priorities: The Agency encourages applicants 
to consider projects that will advance the following key priorities 
(more details available at https://www.rd.usda.gov/priority-points):
    (a) Assisting rural communities recover economically through more 
and better market opportunities and through improved infrastructure;
    (b) Ensuring all rural residents have equitable access to RD 
programs and benefits from RD funded projects; and
    (c) Reducing climate pollution and increasing resilience to the 
impacts of climate change through economic support to rural 
communities.
    2. Set-Aside Funding: The Consolidated Appropriations Act, 2021 
authorized set-aside funding to projects and intermediaries serving 
Federally-Recognized Tribes, and for Mississippi Delta Region Counties 
(as determined in accordance with Pub. L. 100-460). Eligible applicants 
for the set-aside funds, assuming that similar set-aside funds are 
appropriated for Fiscal Year 2023, must demonstrate that at least 75 
percent of the benefits of an approved loan in this program will assist 
ultimate recipients in the designated areas. Applications for set-aside 
funds must be submitted to the RD State Office where

[[Page 53453]]

the project is located by 4:30 p.m. (local time) on the following 
deadline dates. The completed application deadline for the Federally 
Recognized Tribes and Mississippi Delta Region Counties projects is May 
31, 2023. It is possible that funds may also be appropriated by 
Congress for projects located in Rural Empowerment Zone/Enterprise 
Communities/Rural Economic Area Partnership areas. Completed 
applications for these projects, subject to available funding, must be 
submitted by July 15, 2023.

A. Program Description

    1. Purpose of the Program. The purpose of the program is to provide 
direct loans to intermediaries that establish revolving loan programs 
for the purpose of providing loans to ultimate recipients for business 
purposes and community development in a rural area as defined in 7 CFR 
4274.302. All applicable program requirements in their entirety can be 
found at 7 CFR part 4274, subpart D.
    2. Statutory and Regulatory Authority. This program is authorized 
under Section 310H of the Consolidated Farm and Rural Development Act 
(7 U.S.C. 1936b) and is administered through regulations at 7 CFR part 
4274, subpart D.
    3. Definitions. The definitions applicable to this notice are 
published at 7 CFR 4274.302.
    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 4274.341.

B. Federal Award Information

    Type of Award: Loan.
    Fiscal Year Funds: FY 2023.
    Available Funds: Funding for the IRP program in FY 2023 will be 
determined in an Appropriations Act for FY 2023.
    Award Amounts: The Agency anticipates a maximum award of $1 Million 
for eligible Intermediaries submitting a loan request.
    Due Date for Applications: The deadlines for completed applications 
to be received in the USDA RD State Office for quarterly funding 
competitions is 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.
    Anticipated Award Dates--
    1. Regular Funding: First Quarter--December 1, 2022, Second 
Quarter--March 1, 2023, Third Quarter--June 1, 2023, Fourth Quarter--
September 1, 2023.
    2. Federally Recognized Tribes and Mississippi Delta Region 
Counties Funding: June 15, 2023.
    3. Empowerment Zones/Enterprise Communities/Rural Economic Area 
Partnership Funding: August 1, 2023.
    Performance Period: None.
    Renewal or Supplemental Awards: None.
    Type of Assistance Instrument: Direct Loan

C. Eligibility Information

    1. Eligible Applicants. IRP loans may be made to a private non-
profit corporation, a public agency, an Indian Tribe, or a cooperative 
entity, identified as eligible intermediary in accordance with 7 CFR 
4274.310.
    2. Cost Share or Matching. The IRP revolving fund share of the 
eligible project cost of an ultimate recipient's project funded under 
this Notice shall not exceed the lesser of (a) $400,000; and (b) Fifty 
percent of the originally-approved Agency IRP loan amount to an 
intermediary. No more than 75 percent of the total cost of an ultimate 
recipient's project can be funded from Agency IRP loan funds. Points 
awarded for leveraging will be considered in accordance with the 
requirements specified in 7 CFR 4274.341(b)(4).
    3. Discretionary Points. The Administrator may assign up to 10 
discretionary points to an application when under their approval 
authority. Permissible justifications in accordance with 7 CFR 
4274.341(b)(10) are geographic distribution of funds or special 
President/Secretary of Agriculture initiatives such as local foods, 
regional development, persistent poverty, energy-related, etc. The 
number of points to be awarded will be awarded for either or both 
items. Secretary of Agriculture initiatives include:
    (a) Assisting rural communities recover economically through more 
and better market opportunities and through improved infrastructure. 
Applicant may 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 
location qualifies or not.
    (b) Ensuring all rural residents have equitable access to RD 
programs and benefits from RD funded projects. Applicant may receive 
priority points if the project is located in or serving a community 
with a score of 0.75 or above on the Centers for Disease Control and 
Prevention Social Vulnerability Index. The website, https://www.rd.usda.gov/priority-points, has the data to confirm if your 
location qualifies or not.
    (c) Reduce climate pollution and increasing resilience to the 
impacts of climate change through economic support to rural 
communities. Applicants may receive points through one of two options. 
The website, https://www.rd.usda.gov/priority-points, has the options 
and data to confirm if your location qualifies or not.
    4. Other. Applications will only be accepted from eligible 
intermediaries that will establish, or have established, revolving loan 
programs for the purpose of providing loans to ultimate recipients for 
business purposes and community developments in a rural area.
    There are no ``responsiveness'' or ``threshold'' eligibility 
criteria for these loans. However, not more than one loan will be 
approved by the Agency for an intermediary in any single fiscal year 
unless the additional request is from this program's set-aside funding.
    Applications will not be considered for funding if they do not 
provide enough information to determine eligibility, are not suitable 
for evaluation, or are missing required elements as stated in 7 CFR 
4274.340.

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 where they are located, provided in the ADDRESSES section 
of this notice, to obtain copies of the application package. Applicants 
are also encouraged to contact their respective RD State office for an 
email contact to submit an electronic application prior to the 
submission deadline date(s). Please note that applicants may locate the 
downloadable application package for this program by the Assistance 
Listing Number provided in the Overview Section above.
    2. Content and Form of Application Submission. An application must 
contain all the required elements and each selection priority criterion 
outlined in 7 CFR 4274.340 must be addressed in the application. An 
original copy of the application must be filed with a RD State Office 
for the state where the Intermediary is located.
    The applicant documentation and forms needed for a complete 
application are located in 7 CFR 4274.340. There are no specific 
formats or limitations on the number of pages required for an 
application narrative, and applicants may request any Agency forms and 
addresses from the ADDRESSES section of this notice. Any form that 
requires an

[[Page 53454]]

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 part 25. In order to register in SAM, entities 
will be required to create a Unique Entity Identifier (UEI). 
Instructions for obtaining the UEI are available at https://sam.gov/content/entity-registration.
    (a) 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.
    (b) Applicant must ensure it completes the Financial Assistance 
General Certifications and Representations in SAM.
    (c) Applicants must provide a valid UEI in its application, unless 
determined exempt under 2 CFR 25.110.
    (d) 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. Applications, including applications 
for set aside funding, must be received by the specified USDA RD State 
Office by the dates and times as indicated above to compete for 
available funds in a fiscal quarter. If the due date falls on a 
Saturday, Sunday or federal holiday, the application is due the next 
business day. The Agency will determine the application receipt date 
based on the actual date an application is received electronically, in 
person, or when a paper application is postmarked.
    5. Intergovernmental Review. Executive Order (E.O.) 12372, 
``Intergovernmental Review of Federal Programs,'' applies to this 
program. This E.O. requires that Federal agencies provide opportunities 
for consultation on proposed assistance with State and local 
governments. Many states have established a Single Point of Contact 
(SPOC) to facilitate this consultation. For a list of States that 
maintain a SPOC, please see the White House website: https://www.whitehouse.gov/omb/management/office-federal-financial-management/. 
If your State has a SPOC, you may submit a copy of the application 
directly for review. Any comments obtained through the SPOC must be 
provided to your State Office for consideration as part of your 
application. If your state has not established a SPOC, you may submit 
your application directly to the Agency. Indian Tribes are exempt from 
this requirement.
    6. Funding Restrictions. The intent of the Intermediary Relending 
Program is identified above in Section A. 1 above. There are no funding 
restrictions beyond that the loan proceeds be used for eligible type 
purposes stated in RD Instruction 4274-D, Sec.  4274.320. Building 
construction is an eligible use of funds under the program and all 
projects must be located in a rural area of a State. Any administrative 
costs must be approved annually by the Agency.
    7. Other Submission Requirements. Please note that applicants may 
locate the downloadable application package for this program by the 
Assistance Listing Number provided in the Application and Submission 
Information, Content and Form of Application Submission Section above.

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 4274.341(b). Failure to address any of the 
application 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 RD State Offices will review 
applications to determine if they are eligible for assistance based on 
the requirements contained in 7 CFR part 4274, subpart D. If determined 
eligible, your application will be submitted to the National Office for 
funding competition with all eligible applications received by the 
quarterly application deadline. The Agency Administrator reserves the 
right to award up to 10 discretionary points as identified under 7 CFR 
4274.341(b)(10).
    In order to distribute funds among the greatest number of projects 
possible, State application submissions will be reviewed, organized and 
ranked in order from highest to lowest and funded up to the maximum 
funding available.

F. Federal Award Administration Information

    1. Federal Award Notices. Successful applicants will receive 
notification for funding from the USDA RD State Office. Applicants must 
comply with all applicable statutes and regulations before the loan 
award will be obligated. An eligible application competing for regular 
IRP funds, but not selected, will be reconsidered in three subsequent 
quarterly funding competitions, for a total of four competitions (and 
may be considered in a following fiscal year), provided the application 
and eligibility requirements have not changed. After competing in four 
quarterly competitions, any unsuccessful applicant for regular funds 
will receive written notification indicating that its application will 
no longer be considered for funding. Applicants competing for set-aside 
funding have only one application period per fiscal year to apply for 
set-aside funding. Unsuccessful applicants for set-aside funding will 
receive written notification indicating that their application was not 
successful. An unsuccessful applicant for set-aside funding may elect, 
in writing, to submit its project for IRP regular fund competitions 
commencing with the next quarterly application period.
    2. Administrative and National Policy Requirements. Additional 
requirements that apply to intermediaries selected for this Program can 
be found in 7 CFR part 4274, subpart D. All successful applicants will 
be notified by letter which will include a Letter of Conditions, and a 
Letter of Intent to Meet Conditions, which are not approval 
determinations. The loan will be considered approved when all 
conditions in the Letter of Conditions have been met and the Agency 
obligates the funding for the project.
    3. Reporting. 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)).
    Intermediaries must collect and maintain data provided by Ultimate 
Recipients on race, sex, and national origin and also ensure that 
Ultimate Recipients collect and maintain this data. Race and ethnicity 
data will be collected in accordance with the Office

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of Management and Budget (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.
    The applicant and the Ultimate Recipients 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, Executive Order 13166 Limited English 
Proficiency (LEP), and 7 CFR part 1901, subpart E.

G. Federal Awarding Agency Contact(s)

    For general questions about this notice, please contact Lori 
Pittman, Business Loan & Grant Analyst, Program Management Division, 
Business Programs, Rural Business-Cooperative Service, U.S. Department 
of Agriculture, 1400 Independence Avenue SW, MS 3226, Room 5160-S, 
Washington, DC 20250-3226, [email protected] or call (202) 720-
9815.

H. Buy America Requirements

    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 (IIJA), 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 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. Paperwork Reduction Act. In accordance with the Paperwork 
Reduction Act of 1995, the information collection requirement contained 
in this notice is approved by OMB under OMB Control Number 0570-0021.
    2. National Environmental Policy Act: All recipients under this 
Notice are subject to the requirements of 7 CFR part 1970 and must 
comply in accordance with 7 CFR 4274.305(b),
    3. Federal Funding Accountability and Transparency Act. All 
applicants, in accordance with 2 CFR part 25, must be registered in SAM 
and have a UEI number as stated in Section D.3. of this notice. All 
recipients of Federal financial assistance are required to report 
information about first-tier sub-awards and executive total 
compensation in accordance with 2 CFR part 170.
    4. Nondiscrimination Statement. In accordance with Federal civil 
rights laws 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.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. 2022-18783 Filed 8-30-22; 8:45 am]
BILLING CODE 3410-XY-P