[Federal Register Volume 87, Number 241 (Friday, December 16, 2022)]
[Notices]
[Pages 77059-77064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27359]


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

DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service

[Docket #RBS-22-BUSINESS-0029]


Notice of Solicitation of Applications for the Rural Energy for 
America Program for Fiscal Year 2023

AGENCY: Rural Business-Cooperative Service, USDA.

ACTION: Notice.

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

SUMMARY: The Rural Business-Cooperative Service (the Agency) Notice of 
Solicitation of Applications (NOSA) announces the acceptance of grant, 
guaranteed loan, and combined grant and guaranteed loan applications 
under the Rural Energy for America Program (REAP). The REAP program 
helps agricultural producers and rural small businesses reduce energy 
costs and consumption and helps meet the Nation's critical energy 
needs. Applications for REAP may be submitted at any time throughout 
the year. This notice announces the deadlines, dates, and times that 
applications must be received in order to be considered for federal 
Fiscal Year (FY) 2023 REAP funds. The NOSA is being issued prior to 
passage of a final appropriations act for FY 2023 to allow potential 
applicants time to submit applications for financial assistance under 
the program and to give the Agency time to process applications within 
the current FY. All REAP applications competing for FY 2023 funding 
will be evaluated and scored according to the provisions listed in this 
Notice, unless otherwise amended via a subsequent FY 2023 Notice. 
Applicants who have already filed REAP applications for FY 2023 will be 
allowed to modify their application to revise the amount of grant 
requested and project budget and to provide additional information if 
necessary for application evaluation and scoring; the modification will 
not be treated as a new application, nor will it alter the submission 
date of record if there are no changes to the scope of the project. A 
planned second notice for FY 2023 is expected to address such matters 
as additional application deadlines, dates, and times, scoring 
modifications, as well as additional funding, including technical 
assistance and an amendment to the Federal grant portion not to exceed 
50 percent of total eligible project costs per Inflation Reduction Act 
language.

DATES: Application deadline dates and times are as outlined in 7 CFR 
4280.122 and 4280.156(a). Renewable Energy Systems and Energy 
Efficiency

[[Page 77060]]

Improvements (RES/EEI) and Energy Efficient Equipment and Systems (EEE) 
guaranteed loan applications are competed on an ongoing basis in 
accordance with 7 CFR 5001.315. See Section G.2. for details on REAP 
competitions.

ADDRESSES: You are encouraged to contact your United States Department 
of Agriculture (USDA) Rural Development (RD) State Energy Coordinator 
well in advance of the application deadline to discuss your project and 
ask any questions about the application process. Contact information 
for Energy Coordinators can be found at https://rd.usda.gov/files/RBS_StateEnergyCoordinators.pdf.
    Program guidance and application forms may be obtained at https://rd.usda.gov/programs-services/all-programs/energy-programs. To submit 
an electronic application via grants.gov, follow the instructions for 
the REAP funding announcement located at https://www.grants.gov.

FOR FURTHER INFORMATION CONTACT: Jonathan Burns, Program Management 
Division, Rural Business-Cooperative Service, United States Department 
of Agriculture, 774-678-7238 or email [email protected].

SUPPLEMENTARY INFORMATION: 

Overview

    Federal Awarding Agency Name: USDA, Rural Business-Cooperative 
Service.
    Funding Opportunity Title: Rural Energy for America Program (REAP).
    Announcement Type: Notice of Solicitation of Applications.
    Funding Opportunity Number: RDBCP-REAP-RES-EEI-2023.
    Assistance Listing: 10.868.
    Type of Instrument: Grant, guaranteed loan, and grant and 
guaranteed loan combined funding.
    Approximate Number of Awards: The estimated number of awards is 
3,000 based on the anticipated level of funding as noted in Federal 
Award Information, Total Funding in Section B of this notice. The 
number of awards will depend on the actual amount of funds made 
available and on the number of eligible applicants participating in 
this program.
    Administrative: The Agency encourages applicants to consider 
projects that will advance the key priorities below:
     Assisting rural communities to recover economically 
through more and better market opportunities and through improved 
infrastructure.
     Ensuring all rural residents have equitable access to RD 
programs and benefits from RD funded projects.
     Reducing climate pollution and increasing resilience to 
the impacts of climate change through economic support to rural 
communities.

A. Program Description

    1. Purpose of the program. See Summary Section of this Notice.
    2. Statutory and Regulatory Authority. REAP is authorized under 7 
U.S.C. 8107 and is implemented by 7 CFR part 4280 subpart B and 7 CFR 
5001. The Inflation Reduction Act (IRA) of 2022 provides additional 
authorities for REAP Public Law 117-169 section 22002.
    3. Definitions. The definitions applicable to this notice are 
published at 7 CFR 4280.103 and 7 CFR 5001.3.

B. Federal Award Information

    Type of Award: Competitive grants and guaranteed loans.
    Fiscal Year Funds: FY 2023.
    Available Funds: Total approximate budget authority made available 
under this notice is as follows:

------------------------------------------------------------------------
                                                              Available
                          Source                                funds
------------------------------------------------------------------------
Agriculture Improvement Act of 2018 (Farm Bill)...........   $50,000,000
2022 Inflation Reduction Act..............................   250,000,000
                                                           -------------
    Total funds available.................................   300,000,000
------------------------------------------------------------------------

    The Agency 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:
    Maximum Award: See Funding Restrictions in Section F of this 
notice.
    Minimum Award: See Funding Restrictions in Section F of this 
notice.
    Anticipated Award Date: Prior to September 30, 2023.
    Performance Period: Up to 24 months for grants. Guaranteed loans 
are governed by the loan terms.

C. Available Funds Information

    Program Level Funds. This Notice is announcing mandatory Farm Bill 
and partial discretionary IRA funding. The Agency intends to issue a 
second notice to announce additional discretionary IRA funding. This 
notice is announcing deadline times and dates for applications to be 
submitted for REAP funds that may be received from the congressional 
enactment of a full-year appropriation for FY 2023. Based on FY 2022 
appropriated funding, the Agency estimates that approximately $12.5 
million may be available for FY 2023 in addition to the Farm Bill and 
IRA funding. Expenses incurred in developing applications will be at 
the applicant's risk.
    Source, Type, and Allocation of Funds. REAP funding is sourced via 
the Farm Bill and the IRA for the purposes as outlined in 7 CFR 
4280.101.
    The following outlines the types of REAP funding available, 
deadlines, and a summary of how funds are allocated:

------------------------------------------------------------------------
                                                          Application
          Type of funds               Competition          deadline
------------------------------------------------------------------------
Energy Audit and Renewable        ..................  January 31, 2023.
 Energy Development Assistance
 (EA/REDA) Grant funds.
RES/EEI Grant funds.............  20K or less.......  October 31, 2022.
RES/EEI Grant funds.............  Unrestricted......  March 31, 2023.
RES/EEI/EEE Guaranteed Loan.....  ..................  Ongoing
                                                       Competition.
------------------------------------------------------------------------

    1. EA/REDA grant funds. The amount of funds available for EA/REDA 
will be at least 4 percent of FY mandatory Farm Bill funds. Funds will 
be competed at the National Office and obligations of EA/REDA funds 
will take place through March 31, 2023.
    2. RES/EEI grant funds. IRA funds will be available to fund 
requests that do not exceed 40 percent of total eligible project costs. 
Farm Bill funds and FY2023 appropriated funds, if any, will be 
available to fund requests that do not exceed 25 percent of total 
eligible project costs.
    (i) To ensure that small projects have a fair opportunity to 
compete for the funding and consistent with the requirements set forth 
in the 7 U.S.C. 8107(e)(1), the Agency will set aside not less than 20 
percent of the Farm Bill and IRA funds until June 30, 2023, to fund 
grant requests of $20,000 or less. Each

[[Page 77061]]

RD State Office will receive a set-aside allocation of IRA funds for 
grant requests of $20,000 or less, which includes combination grant and 
guaranteed loan requests where the grant amount requested is $20,000 or 
less. Complete grant applications requesting $20,000 or less, including 
the grant portion of a combined grant and guaranteed loan request, 
received by October 31, 2022, will compete for approximately 50 percent 
of the state's set-aside allocation, and those received by March 31, 
2023, will compete for the second 50 percent (approximately) of the 
state's set-aside allocation. Any unobligated balance of funds 
remaining in state set-aside accounts will be pooled to the National 
Office for a national set-aside competition. Obligation of set-aside 
grant funds will take place through June 30, 2023.
    (ii) Each RD State Office will also receive allocations of 
unrestricted FY2023 Farm Bill funds and IRA grant funds that can be 
used to fund any RES/EEI grant application regardless of the amount of 
grant requested, including the grant portion of a combination grant and 
guaranteed loan request, that is received by March 31, 2023. Any 
unobligated balance of funds remaining in state unrestricted accounts 
will be pooled to the National Office for a national competition of 
funds. Obligation of unrestricted grant funds will take place through 
September 30, 2023.
    3. RES/EEI and EEE loan guarantee funds. RD's National Office will 
maintain a reserve of Farm Bill guaranteed loan funds to fund 
guaranteed loan only requests or the loan portion of a combined funding 
request. EEE guaranteed loans for agricultural production and 
processing shall not exceed 15 percent of the funds available to the 
program. Applications will be reviewed and processed when received. 
Those applications that meet the Agency's underwriting requirements and 
are credit worthy will compete in national competitions for guaranteed 
loan funds periodically. If funds remain after the final guaranteed 
loan-only national competition, the Agency may elect to utilize budget 
authority to fund additional grant-only applications. For FY 2023, the 
guarantee fee rates, the annual renewal fee, the maximum percentage of 
guarantee and the maximum portion of guarantee authority available for 
a reduced guarantee fee will be published in a separate notice. 
Obligation of guaranteed loan funds will take place through September 
30, 2023.
    4. RES/EEI combined grant and guaranteed loan funds. Funding 
availability for combined grant and guaranteed loan applications is 
outlined in Sections B and C of this notice. Combination funding 
requests are scored using RES/EEI grant scoring criteria. If the 
combined application is ranked high enough to receive state allocated 
grant funds, the state will request funding for the guaranteed loan 
portion of the request from the National Office guaranteed loan reserve 
and no further competition will be required. If not funded by the state 
allocation of funds, combined grant and guaranteed loan applications 
may be submitted to the National Office to compete in the appropriate 
National Office competition. Obligation of these funds will take place 
through September 30, 2023.

D. Eligibility Information

    The eligibility requirements for the applicant, borrower, lender, 
and project (as applicable) are clarified in 7 CFR 4280 Subpart B and 
in 7 CFR 5001 and are summarized in this notice. Failure to meet the 
eligibility criteria by the time of the competition window will 
preclude the application from competing until all eligibility criteria 
have been met.
    1. Eligible Applicants. Grant applicants must meet the requirements 
specified in 7 CFR 4280.110. An applicant must also meet the 
requirements specified at: 7 CFR 4280.112 for RES/EEI grant; 7 CFR 
4280.137 for RES/EEI combined grant and guarantee; and 7 CFR 4280.149 
for EA/REDA grant.
    2. Eligible Borrowers and Lenders. To be eligible for the 
guaranteed loan portion of the program, borrowers must meet the 
eligibility requirements in 7 CFR 5001.126 and lenders must meet the 
eligibility requirements in 7 CFR 5001.130.
    3. Eligible Projects. To be eligible for the program a project must 
meet the eligibility requirements specified in: 7 CFR 4280.113 for RES/
EEI grant; 7 CFR 4280.150 for EA/REDA grant; 7 CFR 4280.137 for RES/EEI 
combined grant and guarantee; and 7 CFR 5001.106 through 5001.108, as 
applicable, for RES/EEI/EEE loan guarantees.
    4. Other.
    (i). Ineligible project costs are defined at: 7 CFR 4280.115(d) for 
RES/EEI grant and combined grant and guaranteed loans; 7 CFR 
4280.152(c) for EA/REDA grant; and 7 CFR 5001.122 for RES/EEI/EEE loan 
guarantees.
    (ii) Other compliance requirements. The USDA Departmental 
Regulations and Laws that contain other compliance requirements are 
referenced in Section E.5. of this notice. Applicants who have been 
found to be in violation of applicable Federal statutes will be 
ineligible.
    (iii) Hemp production. The Agriculture Improvement Act of 2018, 
Public Law 115-334, (the 2018 Farm Bill) requires USDA to promulgate 
regulations and guidelines to establish and administer a program for 
the production of hemp in the United States.
    In determining eligibility for the applicant, project or use of 
funds, any project applying for funding under the REAP program and 
proposing to produce, procure, supply or market any component of the 
hemp plant or hemp related by-products, or provide technical assistance 
related to such products, must have a valid license from an approved 
state, Tribal or Federal plan pursuant to section 10113 of the 2018 
Farm Bill, be in compliance with regulations published by the 
Agricultural Marketing Service at 7 CFR 990, and meet any applicable US 
Food and Drug Administration and U.S. Drug Enforcement Administration 
regulatory requirements. Verification of valid hemp licenses will occur 
prior to award. In addition, all projects proposing to use biomass 
feedstock from any part of the hemp plant must demonstrate assurance of 
an adequate supply of the feedstock.

E. Application Submission Information

    1. Address to Request Application Package. Application materials 
may be obtained by contacting the RD Energy Coordinator for the state 
where the proposed project will be located, as identified via the 
following link: https://www.rd.usda.gov/files/RBS_StateEnergyCoordinators.pdf. In addition, for grant applications, 
applicants may obtain electronic grant applications for REAP from 
www.grants.gov.
    2. Content and Form of Application Submission. Applicants seeking 
to participate in this program must submit applications in accordance 
with this notice, 7 CFR part 4280 subpart B and 7 CFR 5001, as 
applicable. Applicants must submit complete applications by the dates 
identified in section E.4., of this notice, containing all parts 
necessary for the Agency to determine applicant and project 
eligibility, to score the application, and to conduct the technical 
evaluation, as applicable, in order to be considered. The Agency 
encourages the Applicant to reach out to their Energy Coordinator to 
determine application status. The Applicant bears all risk should they 
incur project costs or commence construction activities prior to Agency 
notification of a complete and eligible application and

[[Page 77062]]

the completion of an environmental review.
    Applicants who have already filed REAP applications for FY 2023 
will be allowed to modify their application to revise the amount of 
grant requested and project budget and to provide additional 
information necessary to meet updated provisions, for determining 
eligibility, and application scoring. The modification will not be 
treated as a new application, nor will it alter the submission date of 
record as noted in 7 CFR 4280.110(d) if there are no changes to the 
scope of the project. If the scope of the project has changed, the 
applicant must withdraw the existing application and may refile a new 
application reflecting the new project scope, constituting a new 
application submission date of record.
    3. Submission. Applicants must submit one original, hardcopy or 
electronic application to the appropriate RD Energy Coordinator for the 
State where the applicant's proposed project will be located. For grant 
applications, submission may be via www.grants.gov. A list of USDA RD 
Energy Coordinators is available via the following link: https://www.rd.usda.gov/files/RBS_StateEnergyCoordinators.pdf.
    4. Submission Dates and Times. Grant applications, guaranteed loan-
only applications, and combined grant and guaranteed loan applications 
for financial assistance may be submitted at any time on an ongoing 
basis. Application competition deadlines are outlined in 7 CFR 4280.122 
for RES/EEI grants and 7 CFR 4280.156 for EA/REDA grants and 
competition deadlines are summarized in the table below. RES/EEI/EEE 
guaranteed loans will be reviewed and processed when received for 
periodic competitions. In order to be considered for funds under this 
notice, complete applications must be received by the appropriate USDA 
RD State Office Energy Coordinator or via www.grants.gov by 4:30 p.m. 
local time on the competition deadline. The complete application date 
is the date the Agency receives the last piece of information that 
allows the Agency to determine eligibility and to score, rank, and 
compete the application for funding. The Agency encourages the 
applicant to reach out to their Energy Coordinator to determine 
application status. The applicant bears all risk should they incur 
project costs or commence construction activities prior to Agency 
notification of a complete and eligible application and the completion 
of an environmental review.
    When an application window closes, the next application window 
opens on the following day. An application received after the 
competition date will be considered with other complete applications 
received in the next application window.

------------------------------------------------------------------------
                                                          Application
                                   Application window    window closing
           Application                opening dates    dates/competition
                                                           deadlines
------------------------------------------------------------------------
EA/REDA..........................  February 1, 2022..  January 31,
                                                        2023.*
RES/EEI--$20,000 or less set-      April 1, 2022.....  October 31, 2022.
 aside.
Grant only request or a
 combination grant and guaranteed
 loan where the grant request is
 $20,000 or less, competing for
 up to approximately 50 percent
 of state set-aside funds.
RES/EEI--$20,000 or less set-      November 1, 2022..  March 31, 2023.*
 aside.
Grant only request or a
 combination grant and guaranteed
 loan where the grant request is
 $20,000 or less competing for
 the remaining state set-aside
 funds.
RES/EEI--Unrestricted grants.....  April 1, 2022.....  March 31, 2023.*
Grant only request or a
 combination grant and guaranteed
 loan regardless of the amount of
 grant request.
RES/EEI/EEE Guaranteed Loans.....  Continuous          Continuous
                                    application         application
                                    cycle..             cycle.
------------------------------------------------------------------------
* Unless subsequent deadlines are published via a Notice, applications
  received after this date will be considered for the next funding cycle
  in the subsequent FY.

    5. Other Submission Requirements. The following are applicable for 
all REAP applications:
    (i) Environmental information. For the Agency to consider an 
application, the application must address all environmental 
considerations specific to the project in accordance with 7 CFR 1970 
and provide supporting documentation as necessary. An environmental 
review must be completed prior to approval of the application and 
obligation of funds. Applicants are advised to contact the Agency as 
soon as possible and prior to commissioning a project to determine 
environmental requirements and ensure adequate review time.
    (ii) Transparency Act Reporting. All recipients of Federal 
financial assistance are required to report information about first-
tier subawards and executive compensation in accordance with 2 CFR 170. 
If an applicant does not have an exception under 2 CFR 170.110(b), the 
applicant must then ensure that they have the necessary processes and 
systems in place to comply with the reporting requirements to receive 
funding.
    (iii) Race, ethnicity, and gender. The Agency is requesting that 
each applicant provide race, ethnicity, and gender information about 
the applicant. The information will allow the Agency to evaluate its 
outreach efforts to under-served and under-represented populations. 
Applicants are encouraged to furnish this information with their 
application but are not required to do so. An applicant's eligibility 
or the likelihood of receiving an award will not be impacted by 
furnishing or not furnishing this information.

F. Funding Restrictions

    The following funding limitations apply to applications submitted 
under this Notice.
1. RES/EEI/EEE Applications
    (i) Applicants can compete and be awarded only one RES grant and 
one EEI grant in a FY, which includes the grant portion of a combined 
funding request. The maximum amount of grant assistance to an entity 
will not exceed $1,500,000 in a FY.
    (ii) Modification is being made via this Notice to the Federal 
grant portion noted in 7 CFR 4280.115(a). The Federal grant portion of 
a project utilizing Inflation Reduction Act funds cannot exceed 40 
percent of total eligible project costs. The Federal grant portion of a 
project utilizing Farm Bill funds or FY 2023 appropriated funds, if 
any, cannot exceed 25 percent of total eligible project costs. Sources 
of REAP

[[Page 77063]]

grant funds cannot be combined to fund a project. The Agency reserves 
the right to further amend the Federal grant portion via a subsequent 
Notice not to exceed 50 percent of total eligible project costs per IRA 
language.
    (iii) For RES grants, the minimum grant is $2,500 and the maximum 
is being increased from $500,000 to $1,000,000. For EEI grants, the 
minimum grant is $1,500 and the maximum grant is being increased from 
$250,000 to $500,000. These minimum and maximum limits also apply to 
the grant portion of a combined funding request.
    (iv) For RES/EEI/EEE loan guarantees or the loan guarantee portion 
of a combined funding request, the minimum REAP guaranteed loan amount 
is $5,000 and the maximum amount of a guaranteed loan to be provided to 
a borrower is $25 million. Guaranteed loan requests will not exceed 75 
percent of total eligible project costs, with any Federal grant 
portion, as applicable, not to exceed 25 or 40 percent of total 
eligible project costs, as applicable to the source of grant funds as 
outlined in further detail above.
2. EA/REDA Applications
    (i) Applicants may submit only one EA grant application and one 
REDA grant application in a FY. Separate applications must be submitted 
for EA funding and REDA funding. If an application is submitted for 
both EA and REDA funding or if an application's scope of work includes 
both EA and REDA activities, it will be determined ineligible for 
competition. The maximum aggregate amount of EA and REDA grant awards 
to any one recipient cannot exceed $100,000 in a FY.
    (ii) Applicants that have received one or more grants under this 
program must have made satisfactory progress per 7 CFR 4280.110(a) 
before being considered for funding.
    (iii) The 2018 Farm Bill mandates that the recipient of an EA grant 
must require the agricultural producer or rural small business 
receiving the energy audit to pay at least 25 percent of the cost of 
the energy audit, which shall be retained by the grantee for the cost 
of the audit.

G. Application Review Information

    1. Scoring. All complete applications will be scored in accordance 
with the following: 7 CFR 4280.121 and the following paragraph for RES/
EEI grants and RES/EEI combined grant and loan guarantee requests; 7 
CFR 4280.155 for EA/REDA grants; and 7 CFR 5001.319 and the following 
paragraph for RES/EEI/EEE guaranteed loans.
    State Director and Administrator priority points can be awarded to 
applications which help further a Presidential initiative, or a 
Secretary of Agriculture priority as found in 7 CFR 4280.121(h)(4) for 
REAP Renewable Energy Systems (RES) and Energy Efficiency Improvement 
(EEI) grants and 7 CFR 5001.319(g)(4) for REAP RES and EEI and Energy 
Efficient Equipment and Systems guaranteed loans. For FY 2023, 10 State 
Director and Administrator priority points will be automatically 
awarded for applications, which based on location, meet any one of the 
key priorities as follows: (i) Assisting rural communities to recover 
economically through more and better market opportunities and through 
improved infrastructure; (ii) Ensuring all rural residents have 
equitable access to RD programs and benefits from RD funded projects; 
and (iii) Supporting economic investments in distressed communities. 
Data sources for the key priorities are found at: https://www.rd.usda.gov/priority-pointshttps://www.rd.usda.gov/priority-points 
and at https://ruraldevelopment.maps.arcgis.com/apps/webappviewer/index.html?id=06a26a91d074426d944d22715a90311e for distressed 
communities. The State Director or Administrator at their discretion 
may award up to 5 priority points maximum for projects which meet any 
of the following criteria if a project does not qualify for the 10 
priority points under the Administration's priorities or as a 
distressed community as described above: (i) The application is for an 
under-represented technology; (ii) selecting the application helps 
achieve geographic diversity, which may include points based upon the 
size of the funding request; (iii) the applicant is a member of an 
unserved or underserved population described as follows: (1) Owned by a 
veteran, including but not limited to individuals as sole proprietors, 
members, partners, stockholders, etc., of not less than 20 percent. In 
order to receive points, applicants must provide a statement in their 
application to indicate that owners of the project have veteran status; 
or (2) owned by a member of a socially disadvantaged group, which are 
groups whose members have been subjected to racial, ethnic, or gender 
prejudice because of their identity as members of a group without 
regard to their individual qualities. In order to receive points, the 
application must include a statement to indicate that the owners of the 
project are members of a socially disadvantaged group; (iv) the 
proposed project is in a Federally declared major disaster area. 
Declarations must be within the last 2 calendar years; (v) the proposed 
project is located in (1) an area where 20 percent or more of its 
population is living in poverty over the last 30 years, as defined by 
the United States Census Bureau, (2) an underserved community(ies) or 
(3) an area that has experienced long-term population decline, or loss 
of employment. Except for veteran and socially disadvantaged group 
status, all other priority points are based upon project location 
specific criteria which will be documented automatically by the Agency. 
State Director or Administrator priority points for a REAP application 
cannot exceed 10 points total.
    2. Competitions. Unless modified in a subsequent notice, the 
maximum number of competitions a complete and eligible application will 
be able to compete within the FY is outlined in 7 CFR 4280.122 for RES/
EEI grants, 7 CFR 4280.156 for EA/REDA grants, and 7 CFR 5001.315 for 
guaranteed loans. If the application remains unfunded after the final 
National Office competition for the FY it must be withdrawn.
    3. Notification of funding determination. As per 7 CFR 4280.111(c) 
and 7 CFR 5001.315(b)(2), all applicants will be informed in writing by 
the Agency as to the funding determination of the application. https://www.rd.usda.gov/.

H. Build America, Buy America Act

    The Infrastructure Investment and Jobs Act (IIJA), (Public Law 117-
58) 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

[[Page 77064]]

means that all manufacturing processes for the construction material 
occurred in the United States.
    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 (BABAA) within the IIJA, and its 
implementing regulations. Infrastructure projects include structures, 
facilities, and equipment that generate, transport, and distribute fuel 
or energy, including electric vehicle (EV) charging stations. 
Infrastructure projects also include structures, facilities, and 
equipment for roads, highways, and bridges; public transportation; 
dams, ports, harbors, and other maritime facilities; intercity 
passenger and freight railroads; freight and intermodal facilities; 
airports; water systems, including drinking water and wastewater 
systems; electrical transmission facilities and systems; utilities; 
broadband infrastructure; and buildings and real property.
    In accordance with BABAA, however, USDA has determined that de 
minimis, small grants, and minor components shall be waived from the 
requirements of BABAA, pursuant to a public interest waiver that was 
granted to the Department on Sept. 13, 2022. See https://www.usda.gov/sites/default/files/documents/usda-departmentwide-de-minimis-small-grants-minor-components-waiver-final-approved-09132022.pdf Under such 
waiver, small grants below the Simplified Acquisition Threshold, which 
is currently set at $250,000 shall not be subject to BABAA. 
Additionally, de minimis and minor components, as described in the 
Department waiver, are also not subject to BABAA. Applicants and 
projects that are subject to BABAA may request other specific waivers, 
pursuant to the requirements posted at the USDA Office of the Chief 
Financial Office website: https://www.usda.gov/ocfo/federal-financial-assistance-policy/USDABuyAmericaWaiver.
    For-profit entities and other entities not included in the 
definition of Non-Federal Entities, defined pursuant to 2 CFR 200.1, 
are not subject to BABAA. EA and REDA grants are not infrastructure 
projects and are not subject to BABAA.

I. Other Information

    1. Paperwork Reduction Act. In accordance with the Paperwork 
Reduction Act of 1995, 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 0570-0067.
    2. Nondiscrimination Statement. In accordance with Federal civil 
rights law and USDA civil rights regulations and policies, the USDA, 
its Agencies, offices, and 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/ad-3027.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:
    (i) Mail: U.S. Department of Agriculture, Office of the Assistant 
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 
20250-9410; or
    (ii) Fax: (833) 256-1665 or (202) 690-7442; or
    (iii) Email: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

Mark Brodziski,
Acting Administrator, Rural Business-Cooperative Service.
[FR Doc. 2022-27359 Filed 12-15-22; 8:45 am]
BILLING CODE 3410-XY-P