[Federal Register Volume 87, Number 230 (Thursday, December 1, 2022)]
[Notices]
[Pages 73742-73748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26128]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
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  Federal Register / Vol. 87, No. 230 / Thursday, December 1, 2022 / 
Notices  

[[Page 73742]]



DEPARTMENT OF AGRICULTURE

Rural Utilities Service

[Docket No. RUS-22-TELECOM-0051]


Notice of Solicitation of Applications for the Distance Learning 
and Telemedicine Grants for Fiscal Year 2023

AGENCY: Rural Utilities Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: President Joe Biden has pledged that every American will have 
access to affordable, reliable, high speed internet. Digital equity--
devices, skills and affordability that bring the internet to life--are 
a critical part of that mission. As part of that work, the Rural 
Utilities Service (RUS or the Agency), a Rural Development (RD) agency 
of the United States Department of Agriculture (USDA), announce the 
acceptance of applications under the Distance Learning and Telemedicine 
(DLT) grant 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 
$64 million 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. All applicants are responsible for any expenses 
incurred in developing their applications.

DATES: Applications must be submitted through https://www.grants.gov/ 
and received no later than January 30, 2023 to be eligible for funding 
under this grant opportunity. Late or incomplete applications will not 
be eligible for funding under this grant opportunity.

ADDRESSES: All applications must be submitted electronically at https://www.grants.gov. Instructions and additional resources, to include an 
Application Guide, are available at https://www.rd.usda.gov/programs-services/telecommunications-programs/distance-learning-telemedicine-grants, under the ``To Apply'' tab.

FOR FURTHER INFORMATION CONTACT: For inquiries regarding eligibility 
concerns, please contact program staff at https://www.usda.gov/reconnect/contact-us. Other inquiries, please contact Randall 
Millhiser, Deputy Assistant Administrator, Office of Loan Origination 
and Approval, RUS, USDA, 1400 Independence Avenue SW, Mail Stop 1590, 
Room 4121-S, Washington, DC 20250-1590, telephone: (202) 720-0800, 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

Overview

    Federal Awarding Agency Name: United States Department of 
Agriculture, Rural Development, Rural Utilities Service.
    Funding Opportunity Title: Distance Learning and Telemedicine 
Grants.
    Announcement Type: Notice of Solicitation of Applications.
    Funding Opportunity Number: RUS-23-01-DLT.
    Assistance Listing Number: 10.855.
    Dates: Applications must be submitted through https://www.grants.gov/ and received no later than January 30, 2023 to be 
eligible for funding under this grant opportunity. Late or incomplete 
applications will not be eligible for funding under this grant 
opportunity.
    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 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; and
     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. Seeking to make progress toward 
President Biden's goal of digital equity throughout the country, the 
DLT program provides financial assistance to enable and improve 
distance learning and telemedicine services in rural areas. DLT grant 
funds support the use of telecommunications-enabled information, audio 
and video equipment, and related advanced technologies by students, 
teachers, medical professionals, and rural residents. These grants are 
intended to increase rural access to education, training, and health 
care resources that are otherwise unavailable or limited in scope.
    2. Statutory and Regulatory Authority. The DLT program is 
authorized under 7 U.S.C. 950aaa and implemented by 7 CFR part 1734.
    3. Definitions. The definitions applicable to this notice are 
published at 7 CFR 1734.3. Additional definitions applicable to this 
notice are listed below.
    Rural area refers to any area, as confirmed by the most recent 
decennial Census of the United States, which is not located within a 
city, town, or incorporated area that has a population of greater than 
20,000 inhabitants; or an urbanized area contiguous and adjacent to a 
city or town that has a population of greater than 50,000 inhabitants; 
and which excludes certain populations pursuant to 7 U.S.C. 
1991(a)(13)(H) and (I). For purposes of the definition of rural area, 
an urbanized area means a densely populated territory as defined in the 
most recent decennial Census.
    Opioid or other substance use disorder treatment is defined as the 
interactive communication between medical or educational professionals 
and opioid users or their families, other treatment professionals or 
those who interact with opioid or other substance users.
    4. Application of Awards. The Agency will review, evaluate, and 
score applications received in response to this notice based on 7 CFR 
1734.26. Awards under the DLT program will be made on a competitive 
basis using specific selection criteria provided in 7 CFR 1734.27. The 
Agency advises all interested parties that the applicant

[[Page 73743]]

bears the full burden in preparing and submitting an application in 
response to this notice regardless of whether or not funding is 
appropriated for the DLT program in FY 2023.

B. Federal Award Information

    Type of Award: Grants.
    Fiscal Year Funds: FY 2023.
    Available Funds: Based on FY 2022 appropriated funding, the Agency 
estimates that approximately $64 million will be available for FY 2023.
    To combat a key threat to economic prosperity, rural workforce and 
quality of life, the Agency sets aside $12 million for projects that 
seek to reduce the morbidity and mortality associated with Substance 
Use Disorder (including opioid misuse) in rural communities by 
strengthening the capacity to address prevention, treatment and/or 
recovery at the community level. The amount for this set aside is 
subject to change based on FY 2023 appropriations.
    The total appropriated amount minus the determined set aside amount 
will be available for all eligible projects. RUS may at its discretion, 
increase the total level of funding available 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: Pursuant to 7 CFR 1734.24, the Administrator has 
established that the minimum grant amount of $50,000 and the maximum 
grant amount of $1,000,000 will be applied to this grant opportunity, 
if and when funds are appropriated.
    Anticipated Award Date: September 30, 2023.
    Performance Period: Three-year period, beginning the date funds are 
released.
    Renewal or Supplemental Awards: Although prior DLT grants cannot be 
renewed, existing DLT awardees can submit applications for new projects 
that are distinct from previously funded projects, either because they 
are for a completely separate purpose and technology or because they 
propose to serve a new service area, unassociated with prior funded 
service areas. The Agency will evaluate project proposals from existing 
awardees as new applications. Grant applications must be submitted 
during the application window.
    Type of Assistance Instrument: Grant Agreement.

C. Eligibility Information

    1. Eligible Applicants. Eligible applicants must meet the 
eligibility requirements of 7 CFR 1734.4.
    (a) Applicants must have a Unique Entity Identifier (UEI) and an 
active registration that includes the Financial Assistance 
Representations and Certifications and has current information in the 
System for Award Management (SAM) at: https://www.sam.gov. Further 
information regarding UEI acquisition and SAM registration can be found 
in Section D.3 of this document.
    (b) Corporations that have been convicted of a federal felony 
within the past 24 months are not eligible. Any corporation that has 
been assessed to have any unpaid federal tax liability, for which all 
judicial and administrative remedies have been exhausted or have lapsed 
and is not being paid in a timely manner pursuant to an agreement with 
the authority responsible for collecting the tax liability, is not 
eligible for financial assistance.
    (c) Applicants are required to provide evidence of their ability to 
contract with RUS to obtain the grant and comply with all applicable 
requirements, in accordance with 7 CFR 1734.4(a). It is incumbent on 
applicants to determine the appropriate entity to apply for the grant. 
Entities created by educational or medical institutions for the purpose 
of applying for and managing grants, such as university or hospital 
foundations, should not be applicants unless they can own and manage 
grant-funded equipment as required by the Grant Agreement and 
applicable regulations, including 2 CFR part 200. Accordingly, RUS will 
not transfer awards to another entity because the applicant has later 
determined that it cannot close the award, execute the standard Grant 
Agreement, which is publicly available, nor hold the grant assets in 
its name.
    2. Tribal Government Resolution of Consent. A certification from 
the appropriate tribal official is required if a project is being 
proposed by a non-Tribal applicant over or on Tribal Lands. The 
appropriate certification is a Tribal Government Resolution of Consent. 
The appropriate tribal official is the Tribal Council of the Tribal 
Government with jurisdiction over the Tribal Lands at issue. Any non-
Tribal applicant that fails to provide a certification to administer a 
project on Tribal Lands will not be considered for funding.
    3. Cost Sharing or Matching. The DLT Program requires matching 
contributions for grants as outlined in 7 CFR 1734.22. The Application 
Guide located on the DLT website at https://www.rd.usda.gov/programs-services/telecommunications-programs/distance-learning-telemedicine-grants provides additional guidance information for matching 
contributions.
    (a) Match Documentation. Grant applicants must demonstrate matching 
contributions, in cash or in kind (new or non-depreciated items), of at 
least 15 percent of the grant amount requested. Matching contributions 
must be used for approved purposes for grants (see 7 CFR 1734.21 and 
Section D.6 of this notice). Applications that do not provide 
sufficient documentation of the required 15 percent match will be 
deemed ineligible.
    (b) Discounts and Donations. A review of applications submitted in 
the past determined that vendor-donated matches did not have value 
without a required subsequent purchase of vendor equipment or licenses 
with grant funds. For example, in many grant applications, software 
licenses were donated in satisfaction of the matching requirement. 
However, such licenses only worked with, and thus only had value with, 
the same vendor's equipment. Additionally, by side agreement, grant 
applicants were required to purchase the vendor's equipment once the 
grant was made with grant funds. The Agency determined that such a 
practice violated federal procurement standards found at 2 CFR 200.317-
326, because the grant applicant did not put the purchase out for bid, 
either because no other equipment would work with the ``donated'' 
licenses, or because they were contractually obligated to buy the 
equipment before the grant was made. As such, the Agency has determined 
that vendor matches requiring subsequent purchases, either by necessity 
or contract, are not permitted.
    4. Other. The Application Guide provides additional information 
regarding eligible and ineligible items for equipment and facilities.
    Grant applications that are written by vendors who are mentioned in 
the application as vendors to be used on the project to be funded by 
the DLT award are ineligible as a violation of the competition rules in 
2 CFR 200.319. Such vendors are also prohibited from bidding on the 
project because of conflict of interest. Additionally, applicants must 
fully understand the procurement requirements of 2 CFR part 200 subpart 
D and the DLT regulations when compiling an application for submission 
and must avoid the use of predetermined equipment as a violation of the 
bidding requirements unless they have adequately demonstrated in the 
application that no other equipment is available for the intended 
purpose.
    Projects located in areas covered by the Coastal Barrier Resources 
Act (16

[[Page 73744]]

U.S.C. 3501 et seq.) are not eligible for financial assistance from the 
DLT Program. See 7 CFR 1734.23(a)(11).

D. Application and Submission Information

    1. Address to Request Application Package. The Application Guide, 
copies of forms and resources are available at https://www.rd.usda.gov/programs-services/telecommunications-programs/distance-learning-telemedicine-grants.
    The Application Guide provides specific, detailed instructions for 
each item of a complete application. The Agency emphasizes the 
importance of including every item and strongly encourages applicants 
to follow the instructions carefully, using the examples and 
illustrations in the Application Guide.
    2. Content and Form of Application Submission.
    (a) Application Completion. Carefully review 7 CFR part 1734 
subparts A and B. A list of items for a complete application can be 
found at 7 CFR 1734.25. The Application Guide also provides additional 
information on how to complete the application.
    (b) Description of Project Sites. Most DLT grant projects contain 
several project sites. The Agency provides a site worksheet to help 
applicants clearly identify hub, hub/end-user, and end-user sites. The 
Application Guide provides a sample site worksheet to help guide the 
Applicant on what information to provide to the Agency. As in prior DLT 
funding windows, site information must be consistent throughout the 
application. Applications without consistent site information will be 
returned as ineligible.
    (c) Submission of Application Items. Given the high volume of 
program interest, applicants should submit the application items in the 
order as indicated in the table below. Applications that are not 
assembled in the specified order prevent timely determination of 
eligibility. For duplicate applications submitted through Grants.gov, 
the Agency will base its evaluation on the last copy of the application 
submitted. If an applicant submits multiple applications for different 
projects, then the Agency will only consider the application with the 
highest score.

----------------------------------------------------------------------------------------------------------------
           Application item                            Regulation                             Comments
----------------------------------------------------------------------------------------------------------------
SF-424 (Application for Federal        7 CFR 1734.25(a)..........................  Form provided through
 Assistance Form).                                                                  Grants.gov.
Executive Summary of the Project.....  7 CFR 1734.25(b)..........................  Narrative, including a
                                                                                    publicly releasable section
                                                                                    that describes the
                                                                                    population served.
Scoring Criteria Documentation.......  7 CFR 1734.25(c)..........................  Provide documentation on how
                                                                                    applicant meets each of the
                                                                                    scoring criteria (see Sec.
                                                                                    1734.26).
Scope of Work........................  7 CFR 1734.25(d)..........................  Narrative and documentation,
                                                                                    including the budget.
Financial Information and              7 CFR 1734.25(e)..........................  Narrative.
 Sustainability.
Statement of Experience..............  7 CFR 1734.25(f)..........................  Narrative.
Funding Commitments from All Sources.  7 CFR 1734.25(g)..........................  Worksheet and match
                                                                                    documentation letters with
                                                                                    authorized signatures.
Telecommunications System Plan.......  7 CFR 1734.25(h)..........................  Documentation.
Compliance with other Federal          7 CFR 1734.25(i)..........................  Addressed by providing
 Statutes.                                                                          Financial Assistance
                                                                                    Representations and
                                                                                    Certifications in
                                                                                    www.SAM.gov.
Non-Duplication of Services..........  7 CFR 1734.25(i)..........................  Guidance provided in the
                                                                                    Application Guide.
Assurance Regarding Felony Conviction  7 CFR 1734.25(i)..........................  Addressed by providing
 or Tax Delinquent Status for                                                       Financial Assistance
 Corporate Applicants.                                                              Representations and
                                                                                    Certifications in
                                                                                    www.SAM.gov.
Environmental Review Requirements....  7 CFR 1734.25(j)..........................  Guidance provided in the
                                                                                    Application Guide.
Evidence of Legal Authority and        7 CFR 1734.25(k)..........................  Guidance provided in the
 Existence.                                                                         Application Guide.
Federal Debt Certification...........  7 CFR 1734.25(l)..........................  SF-424, Application for
                                                                                    Federal Assistance.
Consultation with USDA State Director  7 CFR 1734.25(m)..........................  Documentation.
Supplemental Information.............  7 CFR 1734.25(n)..........................  Documentation.
----------------------------------------------------------------------------------------------------------------

    Submit the electronic application through www.grants.gov. Do not 
send a paper copy to RUS. To increase the range of applicants that will 
be successful in FY 2023, only ONE application per applicant is 
eligible for approval. If an applicant submits more than one 
application through www.grants.gov, the Agency will base its evaluation 
on the application last submitted.
    3. System for Award Management and Unique Entity Identifier.
    (a) At the time of application, each applicant must have an active 
registration in the System for Award Management (SAM) before submitting 
its application in accordance with 2 CFR part 25, Universal Entity 
Identifier and System for Award Management. 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) Each 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.
    (c) Each applicant 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, Exceptions.
    (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. Prior to official submission 
of applications, applicants may request technical assistance or other 
application guidance from the Agency, as long as such requests are made 
prior to January 17, 2023. Agency contact information can be found in 
FOR FURTHER INFORMATION CONTACT section of this notice.
    (b) Application Deadline Date. Applications must be submitted 
through www.grants.gov and received no later than January 30, 2023 to 
be eligible for funding under this grant opportunity.
    (c) Applications Received After Deadline Date. Late or incomplete

[[Page 73745]]

applications will not be eligible for funding under this grant 
opportunity.
    The Agency will not solicit or consider new scoring or eligibility 
information that is submitted after the application deadline. The 
Agency reserves the right to contact applicants to seek clarification 
on materials contained in the submitted application.
    5. Intergovernmental Review. The DLT Grant Program is subject to 
Executive Order 12372, ``Intergovernmental Review of Federal 
Programs.'' Submit one copy of the application to the State government 
single point of contact, if one has been designated, at the same time 
as application submission to the Agency. If the project is located in 
more than one state, submit a copy to each applicable state government 
single point of contact. Go to https://www.whitehouse.gov/wp-content/uploads/2020/04/SPOC-4-13-20.pdf for state office contact information. 
Applications from Federally recognized Indian tribes are not subject to 
this requirement.
    6. Funding Restrictions. Ineligible grant purposes are outlined in 
7 CFR 1734.23.
    Hub sites located in non-rural areas are not eligible for grant 
assistance unless they are necessary to provide DLT services to rural 
residents at end user sites. See 7 CFR 1734.2(h). Applicants should 
exclude ineligible items and ineligible matching contributions from the 
budget. If an ineligible item or matching contribution is included in 
the budget, the item will be removed and may result in an application 
being deemed ineligible. See the Application Guide for more details on 
funding restrictions, matching contributions, a recommended budget 
format, and detailed budget compilation instructions.
    7. Other Submission Requirements.
    (a) Applications will not be accepted via paper, fax or electronic 
mail.
    (b) Submit the electronic application through www.grants.gov. Do 
not send a paper copy to RUS.
    (c) Grants.gov requires some credentialing and online 
authentication procedures. These procedures may take several business 
days to complete. Therefore, the applicant should complete the 
registration, credentialing, and authorization procedures at 
www.grants.gov before submitting an application. Instructions on all 
required passwords, credentialing, and software are available on 
www.grants.gov. If system errors or technical difficulties occur, use 
the customer support resources available at the Grants.gov website.

E. Application Review Information

    1. Criteria. Grant applications are scored competitively and are 
subject to the criteria provided in 7 CFR 1734.26 and this notice, and 
further guidance on these criteria is provided in the Application 
Guide.
    (a) Rurality Category (up to 40 points). The rurality score is 
based on two factors: (1) the population size of each community where 
an end-user site is located and (2) whether an end-user site lies 
within an urbanized area contiguous and adjacent to a city or town 
having a population in excess of 50,000 inhabitants. For non-fixed site 
projects and projects which contain non-fixed components, the rurality 
score will be based on the hub site. Applicants should use 2010 census 
data from the census website (https://data.census.gov/cedsci/) as their 
source for population data. To determine if a site lies in any 
incorporated or unincorporated city, village, or borough having a 
population in excess of 20,000 inhabitants or an urbanized area 
contiguous and adjacent to a city or town having a population in excess 
of 50,000 inhabitants, applicants should check the site address, using 
the DLT mapping tool at https://ruraldevelopment.maps.arcgis.com/apps/webappviewer/index.html?id=15a73830555645ae93d2fa773ed8e971. The 
Application Guide provides additional guidance for this category, 
including a Rurality Worksheet to assist applicants in the calculation 
of their rurality scores.
    (b) Economic Need Category (up to 30 points). Economic need is 
based on the county poverty percentage of the end-user sites proposed 
in the application. The percentages must be determined by utilizing the 
United States Census Small Area Income and Poverty Estimates (SAIPE) 
Program. Applicants can use the spreadsheet posted to the DLT Program 
website to look up current SAIPE county-level data. End-user sites 
located in geographic areas, for which no SAIPE data exist, will be 
determined to have an average SAIPE poverty percentage of 30 percent. 
Such geographic areas may include territories of the United States or 
other locations eligible for funding through the DLT Grant Program. 
End-user sites located in geographic areas for which no SAIPE data 
exist will be determined to have an average SAIPE poverty percentage of 
30 percent. Such geographic areas may include territories of the United 
States or other locations eligible for funding through the DLT Grant 
Program.
    (c) Service Needs and Benefits Category (up to 30 points). This 
category measures the extent to which the proposed project meets the 
need for distance learning or telemedicine services in rural areas, the 
benefits derived from the proposed services, and the local community 
involvement in the planning, implementation, and financial assistance 
of the project. RUS will also consider the extent to which the 
applicant's documentation identifies the local economic, education, or 
health care challenges. The applicant must explain how the project 
proposes to address these issues and why the applicant cannot complete 
the project without a grant.
    (d) Special Consideration (up to 10 points). Special consideration 
points will be awarded for projects with at least one end-user site in 
the following areas. Applicants may only receive special consideration 
points in one area (up to 10 points):
    (i) (10 points) Projects that serve Tribal Lands, Farmworker 
Communities, or Distressed Energy Communities. Projects that enable and 
improve distance learning and telemedicine services on Tribal Lands are 
eligible for 10 points. Non-Tribal applicants must submit a letter of 
Tribal consent consistent with Section C.2 if services are being 
proposed on Tribal Lands. from the Tribe(s) with whom they propose to 
partner. If the applicant proposes to partner with more than one Tribe, 
consent from each Tribe is required. If consent is not provided, the 
project will be deemed ineligible. Projects that enable and improve 
distance learning and telemedicine services to Farmworker Communities 
in rural areas are eligible for 10 points. The key to the success of 
the food and agriculture industries is the millions of workers that 
power it. Farmworkers include agricultural workers, field crop workers, 
nursery workers, livestock workers, graders and sorters. Applicants 
seeking these points should describe the type of farm work that is 
prevalent in the community they intend to serve and how many 
farmworkers will be served by the project. Projects that enable and 
improve distance learning and telemedicine services to Distressed 
Energy Communities in rural areas are eligible for 10 points.
    Tribal Lands, Farmworker Communities, and Distressed Energy 
Communities are identified in GIS layers included in the DLT mapping 
tool located at: https://ruraldevelopment.maps.arcgis.com/apps/webappviewer/index.html?id=15a73830555645ae93d2fa773ed8e971.
    Tribal Lands will be identified using the GIS layers (Tribal Area 
(BIA LAR);

[[Page 73746]]

Tribal Supplemental Area (BIA LAR); Tribal Statistical Area (BIA); and 
Census Tribal areas in Alaska. The GIS layer for Farmworker Communities 
will consist of rural areas that have received funding under the USDA 
Rural Housing Service (RHS) Farm Labor Housing Programs. Distressed 
Energy Communities are identified as communities that are fossil fuel 
dependent (e.g., coal, oil, gas, and power plant communities) whose 
economic well-being ranks in the most distressed tier of the Distressed 
Communities Index. The energy community list is defined by the Report 
to the President on Empowering Workers Through Revitalizing Energy 
Communities.
    (ii) (10 points) Projects that support Native American Language(s). 
Language helps people engage meaningfully with one another, share 
knowledge, worldviews, cultural expressions, beliefs, traditions, and 
hope for the future--from generation to generation. Yet, many 
indigenous languages across the world are in danger of falling into 
disuse. It is the policy of the United States to preserve, protect, and 
promote the rights and freedom of Native Americans to use, practice, 
and develop Native languages. Projects that use distance learning to 
protect, revitalize, and promote the use of Native languages are 
eligible for 10 points. For this criterion, USDA will look to the 
Native American Languages Preservation Act of 2006 which defines Native 
American Language as the historical, traditional languages spoken by 
Native Americans, including the languages spoken by Native Hawaiian and 
Native American Pacific Islander Peoples. To receive these points, an 
applicant must indicate the Native American Language(s) that will be 
supported by the project, list the qualifications of the instructor(s) 
to teach that language, and include the number of students that will be 
served by the project.
    (iii) (10 points) Projects that support Mental Health Services. 
Rural communities have fewer mental health facilities and less access 
to mental health services and professionals. The lack of this vital 
infrastructure puts low-income residents, veterans, and young people in 
rural communities at risk, with the suicide rate growing at a faster 
pace among rural youth. Projects that enable and improve telemedicine 
services to support mental health services in rural communities are 
eligible for 10 points. The executive summary and the needs and 
benefits section of the application must demonstrate that supporting 
mental health services is a primary purpose of the application.
    2. Review and Selection Process.
    (a) Grant applications are ranked by the final score. RUS selects 
applications based on those rankings, subject to the availability of 
funds. As noted in Section D.2.c. of this announcement, RUS will 
approve no more than one application per applicant. If an applicant 
submits more than one application for different projects, then the 
Agency will only consider the application with the highest score. If an 
applicant submits more than one application for the same project, then 
the Agency will only consider the latest submission. In addition, the 
Agency has the authority to limit the number of applications selected 
in any one state or for any one project during a fiscal year. See 7 CFR 
1734.27 for a description of the grant application selection process. 
An application receiving fewer points can be selected over a higher 
scoring application in the event that there are insufficient funds 
available to cover the costs of the higher scoring application, as 
stated in 7 CFR 1734.27(b)(3).
    (b) The Agency evaluates grant applications in accordance with 7 
CFR 1734.27(c).
    (c) The agency reserves the right to offer the applicant less than 
the grant funding requested.

F. Federal Award Administration Information

    1. Federal Award Notices. RUS notifies applicants whose projects 
are selected for awards by mailing or emailing a copy of an award 
letter. The receipt of an award letter does not authorize the applicant 
to commence performance under the award. After sending the award 
letter, the Agency will send an agreement that contains all the terms 
and conditions for the grant. An applicant must execute and return the 
grant agreement, accompanied by any additional items required by the 
agreement, within the number of days specified in the selection notice 
letter. The standard agreement is available on the https://www.rd.usda.gov/programs-services/telecommunications-programs/distance-learning-telemedicine-grants.
    2. Administrative and National Policy Requirements.
    The items listed in this announcement, the DLT Grant Program 
regulation, the Application Guide, and program resources implement the 
appropriate administrative and national policy requirements, which 
include but are not limited to:
    (a) Executing a DLT Grant Agreement.
    (b) Using Form SF 270, ``Request for Advance or Reimbursement,'' to 
request reimbursements (along with the submission of receipts for 
expenditures and any other documentation to support the request for 
reimbursement).
    (c) Submitting an annual Project Performance Activity Report, no 
later than January 31st of the year following the year in which all or 
any portion of the grant is first advanced and continuing in subsequent 
years until completion of the project.
    (d) Ensuring that records are maintained to document all activities 
and expenditures utilizing DLT grant funds and matching funds (receipts 
for expenditures are to be included in this documentation).
    (e) Providing a final project performance report, no later than one 
hundred twenty (120) days after the expiration date, termination of the 
grant, the project completion, or the final disbursement of the grant 
by the grantee, whichever event occurs last.
    (f) Complying with policies, guidance, and requirements as 
described in the following applicable Code of Federal Regulations, and 
any successor regulations:
    (i) 2 CFR parts 200 and 400 (Uniform Administrative Requirements, 
Cost Principles, and Audit Requirements for Federal Awards).
    (ii) 2 CFR parts 417 and 180 (Government-wide Nonprocurement 
Debarment and Suspension).
    (g) Complying with Executive Order 13166, ``Improving Access to 
Services for Persons with Limited English Proficiency.'' For 
information on limited English proficiency and agency-specific 
guidance, go to https://www.LEP.gov.
    (h) Accountability and Compliance with Civil Rights Laws. The 
regulation found at 7 CFR part 1901 Subpart E contains policies and 
procedures for implementing the regulations of the Department of 
Agriculture issued pursuant to Title VI of the Civil Rights Act of 
1964, Title VIII of the Civil Rights Act of 1968, Title IX, Section 504 
of the Rehabilitation Act of 1973, Executive Order 13166, Executive 
Order 11246, and the Equal Credit Opportunity Act of 1974, as they 
relate to the Rural Development. Nothing herein shall be interpreted to 
prohibit preference to American Indians on Indian Reservations.
    The policies contained in this subpart apply to recipients. As 
recipients of federal financial assistance, awardees are required to 
comply with the applicable federal, state and local laws. Title VI of 
the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act 
prohibits discrimination by recipients of federal financial assistance. 
Recipients are required to adhere to specific outreach activities. 
These outreach activities include contacting

[[Page 73747]]

community organizations and leaders that include minority leaders; 
advertising in local newspapers and other media throughout the entire 
service area; and including the nondiscrimination slogan, ``This is an 
Equal Opportunity Program. Discrimination is prohibited by Federal 
Law,'' in methods that may include, but not be limited to, 
advertisements, electronic media, public broadcasts, and printed 
materials, such as brochures and pamphlets.
    By completing the Financial Assistance Representations and 
Certifications in SAM, recipients affirm that they will operate the 
program free from discrimination. The recipient will maintain the race 
and ethnic data on the board members and beneficiaries of the program. 
The recipient will provide alternative forms of communication to 
persons with limited English proficiency. The Agency will conduct Civil 
Rights Compliance Reviews on recipients to identify the collection of 
racial and ethnic data on program beneficiaries. In addition, the 
compliance review will ensure that equal access to the program benefits 
and activities are provided for persons with disabilities and language 
barriers.
    3. Reporting.
    (a) Performance Reporting. All recipients of DLT financial 
assistance must provide annual performance activity reports to RUS 
until the project is complete and the funds are expended. A final 
performance report is also required; the final report may serve as the 
last annual report. The final report must include an evaluation of the 
success of the project in meeting the DLT Grant Program objectives. See 
7 CFR 1734.7 for additional information on these reporting 
requirements.
    (b) Annual Audit. All recipients of DLT financial assistance must 
provide an annual audit as follows:
    (i) Non-Federal Entities, which include recipients that are states, 
local governments, Indian tribes, institutions of higher education, or 
nonprofit organizations, shall provide RUS with an audit pursuant to 2 
CFR part 200, subpart F (Audit Requirements). The recipient must follow 
subsection 2 CFR 200.502 in determining federal awards expended. All 
RUS loans impose an ongoing compliance requirement for the purpose of 
determining federal awards expended during a fiscal year. In addition, 
the recipient must include the value of new federal loans made along 
with any grant expenditures from all federal sources during the 
recipient's fiscal year. Therefore, the audit submission requirement 
for this program begins in the recipient's fiscal year that the loan is 
made and thereafter, based on the balance of federal loan(s) at the 
beginning of the audit period. All required audits must be submitted 
within the earlier of: (i) 30 calendar days after receipt of the 
auditor's report; or (ii) nine months after the end of the recipient's 
audit period.
    (ii) For all other entities, recipients shall provide RUS with an 
audit within 120 days after the as of audit date in accordance with 7 
CFR part 1773. With respect to grant funds, the audit is required until 
all grant funds have been expended or rescinded. While an audit is 
required, recipients must also submit the reports on internal control; 
compliance with provisions of laws, regulations, contracts and grant 
agreements; and instances of fraud.
    (c) Recipient and Sub-recipient Reporting. The applicant must have 
the necessary processes and systems in place to comply with the 
reporting requirements for first-tier sub-awards and executive 
compensation under the Federal Funding Accountability and Transparency 
Act of 2006 in the event the applicant receives funding, unless such 
applicant is exempt from such reporting requirements pursuant to 2 CFR 
170.110(b). The reporting requirements under the Transparency Act 
pursuant to 2 CFR part 170 are as follows:
    (i) First Tier Sub-Awards of $25,000 or more (unless they are 
exempt under 2 CFR part 170) must be reported by the recipient to 
https://www.fsrs.gov no later than the end of the month following the 
month the obligation was made. Please note that currently underway is a 
consolidation of eight federal procurement systems, including the 
Federal Sub-award Reporting System (FSRS), into one system, the System 
for Award Management (SAM). As a result, the FSRS will soon be 
consolidated into and accessed through https://www.sam.gov.
    (ii) The total compensation of the recipient's executives (the five 
most highly compensated executives) must be reported by the recipient 
(if the recipient meets the criteria under 2 CFR part 170) to https://www.sam.gov by the end of the month following the month in which the 
award was made.
    (iii) The total compensation of the sub-recipient's executives (the 
five most highly compensated executives) must be reported by the sub-
recipient (if the sub- recipient meets the criteria under 2 CFR part 
170) to the recipient by the end of the month following the month in 
which the sub-award was made.
    (d) Record Keeping and Accounting. The agreement will contain 
provisions related to record keeping and accounting requirements.

G. Federal Awarding Agency Contacts

    For general questions about this announcement, please contact the 
point of contact provided in the FOR FURTHER INFORMATION CONTACT 
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 Infrastructure 
Investment and Jobs Act (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 (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

[[Page 73748]]

project but are not an integral part of the structure or permanently 
affixed to the infrastructure project.

I. Other Information

Paperwork Reduction Act
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
chapter 35), the information collection requirements associated with 
the programs, as covered in this notice, have been approved by the 
Office of Management and Budget (OMB) under OMB Control Number 0572-
0096.
National Environmental Policy Act
    All recipients under this notice are subject to the requirements of 
7 CFR part 1970 (https://www.ecfr.gov/current/title-7/subtitle-B/chapter-XVIII/subchapter-H/part-1970).
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 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 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 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 (ASCR) about the nature and date of an 
alleged civil rights violation. The completed AD-3027 form or letter 
must be submitted to USDA by:
    (1) Mail: U.S. Department of Agriculture, Office of the Assistant 
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 
20250-9410; or
    (2) Fax: (833) 256-1665 or (202) 690-7442; or
    (3) Email: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

Andrew Berke,
Administrator, Rural Utilities Service, USDA Rural Development.
[FR Doc. 2022-26128 Filed 11-30-22; 8:45 am]
BILLING CODE 3410-15-P