[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Notices]
[Pages 71571-71576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25532]


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DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service

[DOCKET #: RBS-22--BUSINESS-0021]


Notice of Solicitation of Applications for the Rural Business 
Development Grant Programs for Fiscal Year 2023

AGENCY: Rural Business-Cooperative Service, USDA.

ACTION: Notice.

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SUMMARY: This notice is given to invite applications for grants under 
the Rural Business Development Grant (RBDG) Program for fiscal year 
(FY) 2023, subject to the availability of funding. This notice is being 
issued prior to passage of a FY 2023 Appropriations Act in order to 
allow applicants sufficient time to leverage financing, prepare and 
submit their applications, and give the Agency time to process 
applications within FY 2023. Based on FY 2022 appropriated funding, the 
Agency estimates that approximately $46,000,000 will be available for 
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 available in FY 2023 for RBDG 
applications. All applicants are responsible for any expenses incurred 
in developing their applications.

DATES: Complete applications may be submitted in paper or electronic 
format and must be received by 4:30 p.m. local time on February 28, 
2023, in the USDA Rural Development (RD) State Office for the State 
where the project is located. A list of the USDA RD State Offices can 
be found at: https://www.rd.usda.gov/about-rd/state-offices.

ADDRESSES: This funding announcement will also be announced on 
www.Grants.gov. Applications must be submitted to the USDA RD State 
Office for the State where the project is located. For projects 
involving multiple states, the application must be filed in the RD 
State Office where the Applicant is located. 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. 
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: Lisa Sharp at usda.gov">lisa.sharp@usda.gov, or 
Cindy Mason at usda.gov">cindy.mason@usda.gov, Program Management Division, Rural 
Business-Cooperative Service, U.S. Department of Agriculture, 1400 
Independence Avenue SW, MS 3226, Room 5160-South, Washington, DC 20250-
3226, or call (202) 720-1400. For further information on submitting 
program applications under this notice, please contact the USDA RD 
State Office in the State where 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 Agency Name: Rural Business-Cooperative Service.
    Funding Opportunity Title: Rural Business Development Grant 
Program.
    Announcement Type: Initial Solicitation Announcement.
    Funding Opportunity Number: RDBCP-RBDG-2023.
    Assistance Listing: 10.351.
    Dates: Complete applications may be submitted in paper or 
electronic format and must be received by 4:30 p.m. local time on 
February 28, 2023, in the USDA RD State Office for the State where the 
project is located. A list of the USDA RD State Offices can be found 
at: https://www.rd.usda.gov/about-rd/state-offices.
    Rural Development Key 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):
     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.

A. Program Description

    1. Purpose of the Program. The purpose of the program is to promote 
economic development and job creation projects through the awarding of 
grant funds to eligible entities. Applications will compete in two 
separate categories, business opportunity grants and business 
enterprise grants, for use in funding various business and community 
projects that serve rural areas.
    Business opportunity projects must be in compliance with eligible 
uses as stated in 7 CFR 4280.417(a)(1) (eCFR:: 7 CFR 4280.417--Project 
eligibility) that include the establishment of business support centers 
or providing funds for job training and leadership development in rural 
areas. Business opportunity projects must be consistent with any local 
and area-wide strategic plans for community and economic development, 
coordinated with other economic development activities in the project 
area, and consistent with any RD State Strategic Plan.
    Business enterprise projects must be in compliance with eligible 
uses as stated in 7 CFR 4280.417(a)(2) (eCFR: 7 CFR 4280.417--Project 
eligibility.) and are to be used to finance or develop small and 
emerging businesses in rural areas. Enterprise grant purposes include 
projects for the acquisition and development of land, access streets 
and roads, the conversion or modernization of buildings, capitalization 
of revolving loan funds and the purchase of machinery and equipment for 
businesses located in a rural area.
    2. Statutory and Regulatory Authority.
    (a) RBDG Program: The RBDG Program is authorized under 7 U.S.C. 
1932(c) (https://www.govinfo.gov/link/uscode/7/1932) and implemented by 
7 CFR part 4280, subpart E (https://www.ecfr.gov/current/title-7/part-4280/subpart-E). Assistance provided under the RBDG Program will be 
made to eligible entities and will be used for funding various business 
opportunity projects and business enterprise projects, as applicable, 
that serve Rural Areas.
    (b) Set-Aside Funding: The Consolidated Appropriations Act, 2022 
(Pub. L. 117-103), designated funding for Federally-Recognized Native 
American Tribes, Rural Empowerment Zone/Enterprise Communities/Rural 
Economic Area Partnerships, projects in Persistent Poverty Counties (as 
discussed below), Native American Persistent Poverty areas and for 
Strategic Economic and Community Development (SECD) projects in FY 
2022.

[[Page 71572]]

    Set-aside funding may or may not be made available through 
appropriations in FY 2023 where continued emphasis is given to 
financial assistance for projects located in these areas. Eligible 
applicants for the Native American and Rural Empowerment Zone/
Enterprise Communities/Rural Economic Area Partnership set-aside funds, 
if available, must demonstrate that at least 75 percent of the benefits 
of an approved grant will assist beneficiaries in the designated areas. 
Eligible applicants for the Persistent Poverty Counties, Native 
American Persistent Poverty areas, and the SECD set-aside funds, if 
available, must demonstrate that 100 percent of the benefits of an 
approved grant will assist beneficiaries in the designated areas. The 
completed application deadline for these set-aside funds, if available, 
is consistent with the RBDG application deadline date of February 28, 
2023. Applicants for set-aside funds must indicate that they are 
applying for set-aside funds and may not submit a duplicate application 
for regular RBDG funds. If funding for an anticipated set-aside program 
is not appropriated in FY 2023, or if any eligible applications for 
set-aside funding are not funded due to insufficient funds, such 
applications will be allowed to compete for available FY 2023 regular 
RBDG funds in the State where the project is located.
    (c) Persistent Poverty Funding: The Consolidated Appropriations 
Act, 2022 (Pub. L. 117-103) provides designated funding for projects in 
Persistent Poverty Counties. ``Persistent Poverty Counties'' as defined 
in section 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 section 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, 
beneficiaries of technical assistance services located in county seats 
of Persistent Poverty Counties with populations up to 55,000 (per the 
2010 Census) have been deemed eligible. Comparable statutory provisions 
may or may not be included in the appropriations act for FY 2023.
    3. Definitions. The definitions applicable to this notice are 
published at 7 CFR 4280.403 (eCFR :: 7 CFR 4280.403--Definitions.).
    4. Application of Awards. Awards under the RBDG Program will be 
made on a competitive basis using specific selection criteria contained 
in 7 CFR part 4280, subpart E (https://www.ecfr.gov/current/title-7/part-4280/subpart-E). 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 E (https://www.ecfr.gov/current/title-7/part-4280/subpart-E), and as indicated in this notice. 
The Agency advises all interested parties that the applicant bears the 
full burden in preparing and submitting an application in response to 
this notice whether or not funding is appropriated for this program in 
FY 2023.

B. Federal Award Information

    Type of Awards: Grants.
    Fiscal Year Funds: FY 2023.
    Available Funds: Dependent upon FY 2023 appropriations. Funding is 
anticipated to be approximately $46 million based on FY 2022 amounts. 
RBCS may at its discretion, increase the total level of funding 
available in this funding round [or in any category in this funding 
round] from any available source provided the awards meet the 
requirements of the statute which made the funding available to the 
Agency.
    Award Amounts: No Minimum or Maximum.
    Anticipated Award Dates: Set-Aside awards, if applicable: May 31, 
2023. Regular awards: August 31, 2023.
    Performance Period: June 1, 2023, through September 30, 2025.
    Renewal or Supplemental Awards: None.
    Type of Assistance Instrument: Grant Agreement.

C. Eligibility Information

    1. Eligible Applicants.
    Grants may be made to a Public Body/Government Entity, an Indian 
Tribe, or a Nonprofit entity primarily serving rural areas. In 
accordance with 7 CFR 4280.416(d) (https://www.ecfr.gov/current/title-7/section-4280.416#p-4280.416(d)), applicants that are not delinquent 
on any Federal debt or not otherwise disqualified from participation in 
these Programs are eligible to apply. The Agency will check the System 
for Award Management (SAM) to determine if the applicant has been 
debarred or suspended at the time of application and prior to the 
awarding of grant funds.
    2. Cost Sharing or Matching. There are no cost sharing or matching 
requirements associated with this grant.
    3. Other. Grant funds may be used for projects identified in 7 CFR 
4280.417(a) (eCFR:: 7 CFR 4280.417--Project eligibility.) as either a 
business opportunity type grant or a business enterprise type grant.

D. Application and Submission Information

    1. Address to Request Application Package.
    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. 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).
    2. Content and Form of Application Submission.
    (a) The applicant documentation and forms needed for a complete 
application are located in 7 CFR part 4280, subpart E (https://www.ecfr.gov/current/title-7/part-4280/subpart-E), a copy of which will 
be provided to any interested applicant making a request to a USDA RD 
State Office for the State where the project is located. A list of the 
USDA RD State Offices can be found at: https://www.rd.usda.gov/about-rd/state-offices.
    (b) The Agency requires information to make an eligibility 
determination through applications that must include the items 
identified in 7 CFR 4280.427 (https://www.ecfr.gov/current/title-7/section-4280.427). The written narrative outlined in 7 CFR 4280.427(d) 
should include the following for Other Information:
    (1) Please note that no assistance or funding can be provided to 
hemp producers or processors unless they have a valid license issued 
from an approved State, Tribal or Federal plan as per section 10113 of 
the Agriculture Improvement Act of 2018, Public Law 115-334 (https://www.govinfo.gov/link/plaw/115/public/334). Verification of valid hemp 
licenses will occur at the time of award; and
    (2) Other information the Agency may request to assist in making a 
grant award determination.
    Each selection priority criterion outlined in 7 CFR 4280.427 
(https://www.ecfr.gov/current/title-7/section-4280.427) 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.
    (c) The application must be submitted in one package. The single 
package should be well organized and include a table of contents, if 
appropriate. There

[[Page 71573]]

are no specific limitations on number of pages, font size and type 
face, margins, paper size, and the sequence or assembly requirements 
other than those described in 7 CFR part 4280, subpart E (https://www.ecfr.gov/current/title-7/part-4280/subpart-E).
    (d) An original copy of the application must be filed with the RD 
State Office for the State where the project is located. For projects 
involving multiple states, the application must be filed in the RD 
State Office where the Applicant is located.
    (e) The component pieces of this application require 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.
    (f) RBDG grants must conform with the environmental policies and 
procedures of 7 CFR part 1970 (eCFR :: 7 CFR part 1970--Environmental 
Policies and Procedures).
    3. System for Award Management and Unique Entity Identifier.
    (a) At the time of application, each applicant must have an active 
registration in SAM before submitting its application in accordance 
with 2 CFR 25 (https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/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.
    (b) Applicants 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.
    (c) Applicants must ensure they complete the Financial Assistance 
General Certifications and Representations in SAM.
    (d) Applicants must provide a valid UEI in its application, unless 
determined exempt under 2 CFR 25.110 (https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25/subpart-A/section-25.110).
    (e) 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.
    (a) Application Technical Assistance Deadline Date: 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 prior to February 10, 2023. 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.
    (b) Application Deadline Date: Applications (paper or electronic 
format) must be submitted to the appropriate RD State Office no later 
than 4:30 p.m. (local time) on February 28, 2023. If completed 
applications are not received by the deadline date, the application 
will neither be reviewed nor considered for funding under any 
circumstances. 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.
    5. Intergovernmental Review.
    Intergovernmental Review under Executive Order 12372 is not 
required in this program.
    6. Funding Restrictions.
    (a) Indirect costs will be permitted in accordance with applicable 
law and in accordance with 2 CFR part 200 (https://www.ecfr.gov/current/title-2/part-200). Pre-Federal award costs will only be 
permitted with prior written approval by the Agency.
    (b) In accordance with 7 CFR 4280.421 (eCFR :: 7 CFR 4280.421--Term 
requirement.), a project must reasonably be expected to be completed 
within one (1) full year after it has begun.
    7. Other Submission Requirements.
    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 are located 
in the ADDRESSES section of this notice.

E. Application Review Information

    1. Criteria.
    (a) The Agency will review each application for assistance in 
accordance with the priorities established in 7 CFR 4280.435 (eCFR :: 7 
CFR 4280.435--Scoring criteria.). The Agency will assign each 
application a priority rating and will select applications for funding 
based on the priority ratings and the total funds available to the 
program. 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.
    (b) The Agency will use the criteria in 7 CFR 4280.435 (eCFR :: 7 
CFR 4280.435--Scoring criteria.) to score applications for purposes 
identified under 7 CFR 4280.417(a)(1) and (2).eCFR :: 7 CFR 4280.417--
Project eligibility.
    (1) Leveraging. If the grant will fund a critical element of a 
larger program of economic development, without which the overall 
program either could not proceed or would be far less effective, or if 
the program to be assisted by the grant will also be partially funded 
from other sources, points will be awarded as follows. If RD's portion 
of project funding is: (i) less than 20 percent--30 points; (ii) 20 
percent but less than 50 percent--20 points; (iii) 50 percent but less 
than 75 percent--10 points or 75 percent or more--0 points. If points 
are awarded for leveraging, funds must be spent proportionally, and if 
leveraged funds are not utilized proportionately with the grant, the 
Agency reserves the right to take any legal action, including 
terminating the grant. The application must contain a firm commitment 
in writing of other funding for the project or points will not be 
awarded to the application for leveraging.
    (2) Points will be awarded for each of the following criteria met 
by the community or communities that will receive the benefit of the 
grant. However, regardless of the mathematical total of points 
indicated by paragraphs (2)(a) through (d) of this section, total 
points awarded under this paragraph (2) must not exceed 40.
    (a) Trauma. Experiencing trauma due to a major natural disaster 
that occurred not more than 3 years prior to the filing of the 
application for assistance--15 points;
    (b) Economic distress. The Community has suffered a loss of 20 
percent or more in their total jobs caused by the closure of a military 
facility or other employers within the last 3 years--15 points;
    (c) Long-term poverty. Has experienced long-term poverty as 
demonstrated by being a former rural empowerment zone, rural economic 
area partnership zone, rural enterprise champion community, or a 
persistent poverty county as determined by USDA's Economic Research 
Service--10 points;

[[Page 71574]]

    (d) Population decline--10 points as demonstrated by the latest 
three decennial censuses.
    (3) Population. Proposed project(s) will be located in a community 
of: (a) Under 5,000 population--15 points; (b) Between 5,000 and less 
than 15,000 population--10 points; or (c) Between 15,000 and 25,000 
population--5 points.
    (4) Unemployment. Proposed project(s) will be located in areas 
where the unemployment rate: (a) exceeds the State rate by 25 percent 
or more--20 points (b) exceeds the State rate by less than 25 percent--
10 points or (c) is equal to or less than the State rate--0 points.
    (5) Median household income. Proposed project(s) will be located in 
areas where Median Household Income (MHI) is: (a) Less than the poverty 
line for a family of four, as defined by section 673(2) of the 
Community Services Block Grant Act--25 points; (b) More than the 
poverty line for a family of four but less than 65 percent of State 
MHI--15 points; (c) Between 65 and 85 percent of State MHI--10 points; 
or (d) Greater than 85 percent State MHI--0 points.
    (6) Experience. Applicant has evidence of successful experience in 
the type of activity. Evidence of successful experience may be a 
description of experience supplied and certified by the applicant based 
upon its current employees' resumes: (a) 10 or more years--30 points; 
(b) At least 5 but less than 10 years--20 points; (c) At least 3 years 
but less than 5 years--10 points; or (d) At least 1 but less than 3 
years--5 points.
    (7) Small business start-up or expansion. Applicant has evidence 
that small business development will be supported by startup or 
expansion as a result of the activities to be carried out under the 
grant. Written evidence of commitment by a small or a small and 
emerging business must be provided to the Agency and should include the 
number of jobs that will be supported and created. 5 points for each 
letter up to 25 points.
    (8) Jobs created or supported. The anticipated development, 
expansion, or furtherance of business enterprises as a result of the 
proposed project will create and/or support existing jobs associated 
with the affected businesses. The number of jobs must be evidenced by a 
written commitment from the business to be assisted: (a) One job for 
less than $5,000--25 points; (b) One job for $5,000 but less than 
$10,000--20 points; (c) One job for $10,000 but less than $15,000--15 
points; (d) One job for $15,000 but less than $20,000--10 points; or 
(e) One job for $20,000 but less than $25,000--5 points.
    (9) Size of grant request. Grant projects utilizing funds available 
under this subpart of: (a) Less than $100,000--25 points; (b) $100,000 
to $200,000--15 points; or (c) More than $200,000 but not more than 
$500,000--10 points.
    (10) Indirect cost. Applicant is not requesting grant funds to 
cover their administrative or indirect costs--5 points.
    (11) Discretionary points. Either the State Director or 
Administrator may assign up to 50 discretionary points to an 
application. Assignment of discretionary points must include a written 
justification. Permissible justifications are geographic distribution 
of funds, special Secretary of Agriculture initiatives such as Priority 
Communities, or a state's strategic goals. Discretionary points may 
only be assigned to initial grants. However, in the case where two 
projects have the same score, the State Director may add one point to 
the project that best fits the State's strategic plan regardless of 
whether the project is an initial or subsequent grant.
    (c) The following are examples of special Secretary of Agriculture 
initiatives that can support obtaining discretionary points.
    (1) 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, Rural 
Development: Key Priorities [bond] Rural Development (usda.gov) https://www.rd.usda.gov/priority-points, has the data to confirm if your 
project location qualifies for these discretionary points.
    (2) 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 Center for Disease Control's 
Social Vulnerability Index. The website, Rural Development: Key 
Priorities [bond] Rural Development (usda.gov), has the data to confirm 
if your project location qualifies or not.
    (3) Reduce climate pollution and increasing resilience to the 
impacts of climate change through economic support to rural 
communities. Applicants may receive points if the project is located in 
or serving coal, oil and gas, and power plant communities whose 
economic well-being ranks in the most distressed tier of the Distressed 
Communities Index. The website, Rural Development: Key Priorities 
[bond] Rural Development (usda.gov), has the data to confirm if your 
project location qualifies or not. Applicants may also receive points 
by demonstrating how proposed climate-impact projects improve the 
livelihoods of community residents and meet pollution mitigation or 
clean energy goals.
    The Agency will assign each application a priority rating based on 
the total score and will select applications for funding based on the 
priority ratings and the total funds available to the program for 
opportunity-type projects and enterprise-type projects.
    2. Review and Selection Process.
    The RD State Offices will review applications to determine if they 
are eligible for assistance based on requirements contained in 7 CFR 
4280.416 (https://www.ecfr.gov/current/title-7/section-4280.416) and 7 
CFR 4280.417 (https://www.ecfr.gov/current/title-7/section-4280.417). 
Funding of projects is subject to the availability of funds and 
Applicant's satisfactory submission of the items required by 7 CFR part 
4280, subpart E (https://www.ecfr.gov/current/title-7/part-4280/subpart-E) and this notice, in addition to any conditions specifically 
outlined in any issued USDA RD Letter of Conditions if available funds 
are to be awarded. The agency reserves the right to offer the applicant 
less than the grant funding requested.
    The Agency will score each application based on the information 
contained in the application and its supporting information. All 
applications submitted for funding must be in one package and contain 
sufficient information to permit the Agency to complete a thorough 
priority rating. Agency employees may not consider any information that 
is not provided by the applicant in writing for scoring purposes. 
Applications will not be considered for funding if they do not provide 
sufficient information to determine eligibility or are missing required 
elements.
    Applications for set-aside funds, if available, will compete at the 
National Office in their respective categories. Applications for 
regular RBDG projects will compete at the state level in their 
respective category, business opportunity grants or business enterprise 
grants, for funding made available through RD State allocated funds. 
Applications will be reviewed, prioritized by score, and funded by 
ranking each project in highest to lowest score order until available 
funds are

[[Page 71575]]

exhausted. If funds are exhausted at the state level, each State's 
highest scoring unfunded business enterprise project will have the 
opportunity to compete for funding through a final national 
competition.
    The Agency will notify eligible applicants in writing if RBDG funds 
are not available. The applicant is permitted to respond in writing 
that they wish their application to be reconsidered in the next fiscal 
year. The applicant may provide additional updated information to the 
Agency prior to the next fiscal year's application deadline for their 
project.
    The Agency will notify eligible applicants in writing if set-aside 
funds are not available. Applications that are eligible for set-aside 
funds but are unfunded due to the availability of funds will be allowed 
to compete for available FY 2023 regular RBDG funds in the State where 
the project is located. For projects involving multiple states, the 
application will be returned to the RD State Office where the Applicant 
is located and will compete for funds in that State. The Agency will 
notify eligible applicants in writing if their application will not be 
funded in FY 2023 due to insufficient funds in the set-aside and 
regular RBDG programs.

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 grant award can be approved and 
funded. If an application is withdrawn by the applicant, it can be 
resubmitted later and will be evaluated as a new application in the 
period submitted.
    2. Administrative and National Policy Requirements.
    Additional requirements that apply to grantees selected for this 
Program can be found in 7 CFR part 4280, subpart E (https://www.ecfr.gov/current/title-7/part-4280/subpart-E). Awards are subject 
to USDA grant regulations at 2 CFR part 400 (https://www.ecfr.gov/current/title-2/part-400) which incorporates the Office of Management 
and Budget (OMB) regulations at 2 CFR part 200 (https://www.ecfr.gov/current/title-2/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, 
but it is a notification that grant funds may be awarded subject to 
conditions. The 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. If the applicant wishes to 
consider beginning their project performance prior to the grant being 
officially closed, all pre-award costs must be approved in writing and 
in advance by the Agency.
    Additional requirements that apply to grantees selected for these 
programs can be found in 7 CFR part 4280, subpart E (https://www.ecfr.gov/current/title-7/part-4280/subpart-E), the Grants and 
Agreements regulations of the U.S. Department of Agriculture codified 
in 2 CFR 400.1 (https://www.ecfr.gov/current/title-2/section-400.1) to 
400.2 (https://www.ecfr.gov/current/title-2/section-400.2) and 2 CFR 
parts 415 (https://www.ecfr.gov/current/title-2/part-415) to 422 
(https://www.ecfr.gov/current/title-2/part-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 (https://www.ecfr.gov/current/title-2/part-170)). The applicant 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--
Federal Funding Accountability and Transparency Act of 2006--Content 
Details--(govinfo.gov)) reporting requirements (see 2 CFR 170.200(b) 
(https://www.ecfr.gov/current/title-2/section-170.200#p-170.200(b)), 
unless the recipient is exempt under 2 CFR 170.110(b) (https://www.ecfr.gov/current/title-2/section-170.110#p-170.110(b)).
    The following additional requirements apply to grantees selected 
for these programs:
    (a) Form RD 4280-2 ``Rural Business-Cooperative Service Financial 
Assistance Agreement.''
    (b) Letter of Conditions.
    (c) Form RD 1940-1, ``Request for Obligation of Funds.''
    (d) Form RD 1942-46, ``Letter of Intent to Meet Conditions.''
    (e) SF LLL, ``Disclosure of Lobbying Activities,'' if applicable.
    (f) Grantees will use Form SF 270, ``Request for Advance or 
Reimbursement'' when requesting grant funds from the Agency.
    3. Reporting.
    (a) 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. 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 
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 RBDG grant if applicable. The 
Project Performance Reports must include, but not be limited to, the 
following:
    (1) A comparison of actual accomplishments to the objectives 
established for that period.
    (2) 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.
    (3) Objectives and timetable established for the next reporting 
period.
    (4) 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, will be placed in the reporting section of the Letter of 
Conditions.
    (5) Within 90 days after the conclusion of the project, the grantee 
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 grantee may request 
reimbursement on a monthly basis, the last 3 months of reimbursements 
will be withheld until the final Project Evaluation, Project 
Performance, and Financial Status Reports are received and approved by 
the Agency.
    (b) In addition to any reports required by 2 CFR part 200 (https://www.ecfr.gov/current/title-2/part-200) and 2 CFR 400.1 (https://www.ecfr.gov/current/title-2/section-400.1) to 400.2 (https://
www.ecfr.gov/current/title-2/

[[Page 71576]]

section-400.2), and 2 CFR parts 415 to 422 (https://www.ecfr.gov/current/title-2/section-415), the grantee must provide reports as 
required by 7 CFR part 4280, subpart E (https://www.ecfr.gov/current/title-7/part-4280/subpart-E).

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. 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 IIJA, and its 
implementing regulations. The Act requires the following Buy America 
preference:
    (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 are manufactured in the United 
States. This means that all manufacturing processes for the 
construction material occurred in the United States.

I. Other Information

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 0570-0070.

Federal Funding Accountability and Transparency Act

    All applicants, in accordance with 2 CFR part 25 (https://www.ecfr.gov/current/title-2/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 (https://www.ecfr.gov/current/title-2/part-170).

Civil Rights Act

    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 (eCFR :: 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) 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.

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 711 Relay Service.
    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: usda.gov">program.intake@usda.gov. USDA is an equal opportunity 
provider, employer, and lender.

Karama Neal,
Administrator, Rural Business-Cooperative Service, USDA Rural 
Development.
[FR Doc. 2022-25532 Filed 11-22-22; 8:45 am]
BILLING CODE 3410-XY-P