[Federal Register Volume 88, Number 75 (Wednesday, April 19, 2023)]
[Notices]
[Pages 24154-24159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08233]


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DEPARTMENT OF AGRICULTURE

Rural Utilities Service

[DOCKET #: RUS-22-TELECOM-0054]


Funding Opportunity Announcement for the Broadband Technical 
Assistance for Fiscal Year 2023

AGENCY: Rural Utilities Service, USDA.

ACTION: Notice.

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SUMMARY: The Rural Utilities Service (RUS or the Agency), a Rural 
Development (RD) agency of the United States Department of Agriculture 
(USDA), announces the acceptance of applications--for Broadband 
Technical Assistance (BTA) for Fiscal Year (FY) 2023. Broadband 
Technical Assistance provides competitive cooperative agreement funding 
to eligible entities to receive or deliver broadband technical 
assistance and training that promotes the expansion of broadband into 
rural areas. Examples of broadband technical assistance projects may 
include conducting feasibility studies, completing network designs, and 
developing broadband financial assistance applications. This 
announcement lists the information needed to submit an application.

DATES: Applications must be submitted through https://www.grants.gov no 
later than June 20, 2023 to be eligible for funding under this grant 
opportunity. Late or incomplete applications will not be eligible for 
funding.

ADDRESSES: All applications must be submitted electronically via the 
online application system at https://www.grants.gov.

FOR FURTHER INFORMATION CONTACT: Laurel Leverrier, Assistant 
Administrator, Telecommunications Program, Rural Utilities Service, 
United States Department of Agriculture, telephone: (202) 720-9556, 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

Overview

    Federal Awarding Agency Name: Rural Utilities Service.
    Funding Opportunity Title: Broadband Technical Assistance.
    Announcement Type: Funding Opportunity Announcement (FOA).
    Funding Opportunity Number: RUS-BTA-2023.
    Assistance Listing Number: 10.752.
    Dates: Applications must be submitted through Grants.gov and 
received no later than June 20, 2023 to be eligible for funding under 
this opportunity. Late or incomplete applications will not be eligible 
for funding.
    Rural Development Key Priorities: The Agency encourages applicants 
to consider projects that will advance the following key priorities.
     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.
    Rural Partners Network (RPN): In addition, the Agency encourages 
applicants to work with the RPN. The RPN is an all-of-government 
program that demonstrates to rural America that the federal government 
can work differently to serve their unique needs in a way that is 
community-centered and locally-driven. The RPN is a recognition by the 
Biden Administration that it is time to do more for rural communities. 
Applicants to this funding opportunity are encouraged to include RPN 
Community Networks in their proposals by identifying Community Networks 
as collaborative partners or recipients of service. The RPN is 
supported by over 20 federal agencies and regional commissions, so 
including RPN Community Networks can help facilitate coordination with 
other federal agencies that fund broadband technical assistance (i.e., 
NTIA, ARC, EDA) to ensure complimentary efforts and reduce the chance 
of duplicative awards. Please visit https://www.rural.gov/community-networks for more information on locations of the 36 RPN Community 
Networks spanning ten states and Puerto Rico. To access specific 
contact information for prospective network participants to determine 
fit, please contact [email protected]

A. Program Description

1. Purpose of the Program.

    Broadband Technical Assistance provides financial assistance to 
eligible entities to receive or deliver broadband technical assistance 
and training and support the expansion or development of broadband 
cooperatives. Program funds must be used to support broadband technical 
assistance activities that promote the expansion of broadband into 
rural areas. Broadband technical assistance activities include, but are 
not limited to, project planning and community engagement, financial 
sustainability, environmental compliance, construction and engineering 
planning, accessing federal resources, and data collection and 
reporting.
    All applicants should carefully review and prepare their 
applications according to instructions in the FY 2023 BTA Application 
Guide (Application Guide) and program resources available on the 
program website at: https://

[[Page 24155]]

www.rd.usda.gov/programs-services/telecommunications-programs/
broadband-technical-assistance-program. Expenses incurred prior to 
submission of an application will be at the applicant's own risk.

2. Statutory and Regulatory Authority

    The Rural eConnectivity Program is authorized under 7 U.S.C. 901 et 
seq., and Public Law 115-141, Section 779 (2018). This BTA FOA will use 
technical assistance funds appropriated under the Infrastructure 
Investment and Jobs Act (IIJA) (Pub. L. 117-58).

3. Definitions

    The terms and conditions provided in this FOA are applicable to and 
for the purposes of this FOA only. Unless otherwise provided in the 
award documents, all financial terms not defined herein shall have the 
meaning as defined by Generally Accepted Accounting Principles.
    Administrator means the Administrator of RUS, or the 
Administrator's designee.
    Applicant means an entity requesting funding under this FOA.
    Application means the Applicant's request for federal funding, 
which may be approved in whole or in part by RUS.
    Award documents mean, as applicable, all associated award 
agreements.
    Award means a cooperative agreement entered into under this FOA.
    Awardee means an eligible entity that has applied and been awarded 
federal assistance under this part.
    Broadband technical assistance refers to activities that support 
broadband expansion into eligible rural areas and predevelopment 
planning activities, which may include, but are not limited to, project 
planning and community engagement, financial sustainability, 
environmental compliance, construction planning and engineering, 
accessing federal resources, and data collection and reporting.
    Colonias are identified using the GIS layer (Colonia Areas) in the 
RUS mapping tool located at https://www.rd.usda.gov/programs-services/telecommunications-programs/broadband-technical-assistance-program.
    Cooperative means an autonomous association of persons united 
voluntarily to meet their common economic, social and cultural needs 
and aspirations through a jointly owned and democratically controlled 
enterprise. Cooperatives are democratically controlled by their 
members, with each member having one vote in electing the board of 
directors.
    Cooperative agreement is the instrument used to fund the support of 
RD's goals of increasing rural economic growth. In a cooperative 
agreement, federal employees participate more closely in project 
activities, often working side-by-side with the cooperator.
    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. A GIS layer identifying distressed 
energy communities can be found at https://www.rd.usda.gov/programs-services/telecommunications-programs/broadband-technical-assistance-program.
    Indirect costs are costs that are not readily identified with a 
particular grant, contract, project function or activity, but are 
necessary for the general operation of the organization and the conduct 
of activities it performs.
    Persistent poverty county is defined as any county with 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 the 2007-2011 
American Community Survey 5-6 year average, or any territory or 
possession of the United States (U.S.). A GIS layer identifying 
persistent poverty counties can be found at https://www.rd.usda.gov/programs-services/telecommunications-programs/broadband-technical-assistance-program.
    Rural area means any area, as confirmed by the most recent 
decennial Census of the U.S., 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.
    Tribe means the term as defined in the Federally Recognized Indian 
Tribe List Act of 1994 (Pub. L. 103-454; 108 Stat. 4791, 4792). An 
American Indian or Alaska Native tribe, band, nation, pueblo, village, 
or community that the Secretary of the Interior acknowledges to exist 
as an Indian tribe under the Federally Recognized Tribe List Act of 
1994 (25 U.S.C. 5131).
    Tribal Entity includes all entities falling under the eligible 
legal structures, including but not limited to: tribal owned 
corporations, tribal enterprises, subsidiaries of tribally-owned 
corporations and enterprises, tribal authorities, tribal utilities 
intertribal non-profits and associations, Alaska Native Corporations, 
Native entities within the State of Alaska recognized by and eligible 
to receive services from the U.S. Department of the Interior's Bureau 
of Indian Affairs, Native Hawaiian organizations including Homestead 
Associations, State recognized tribes/nonprofits, and individually-
owned Native American entities.
    Tribal Land means any area identified by the U.S. Department of 
Interior as Tribal Land. A GIS layer of most Tribal Lands can be found 
on the RUS mapping tool located at: https://www.rd.usda.gov/programs-services/telecommunications-programs/broadband-technical-assistance-program.

4. Application of Awards

    Applications will be reviewed for eligibility and completeness 
based on Sections C and D of this FOA. Applications determined to be 
eligible and complete will be further evaluated based on criteria 
outlined in Section E. All applications will be competitively scored 
and ranked. Notifications will be sent to applications in accordance 
with Section F of this FOA.

B. Federal Award Information

    Type of Award: Cooperative Agreement.
    Fiscal Year Funds: FY 2023.
    Available Funds: $20 million is available for funding under this 
FOA. RUS may, at its discretion, increase the total level of funding 
available from any available funding source provided the awards meet 
the requirements of the statute which made the funding available to the 
Agency.
    Award Amounts. The minimum and maximum award amounts vary by 
funding category. The Agency reserves the right to make the applicant 
an offer that varies in amount or scope from the applicant's original 
request.
    Funding Categories: Applicant must choose one of the following 
funding categories to be considered for funding:
     Technical Assistance Providers. Up to $7.5 million is 
available. The minimum award amount is $50,000 and the maximum award 
amount is $1,000,000. Entities submitting an application under this 
funding category must propose to deliver broadband

[[Page 24156]]

technical assistance that will benefit rural communities.
     Technical Assistance Recipients. Up to $7.5 million is 
available. The minimum award amount is $50,000 and the maximum award 
amount is $250,000. Entities submitting an application under this 
funding category must be beneficiaries of broadband technical 
assistance.
     Projects Supporting Cooperatives. Up to $5 million is 
available. The minimum award amount is $50,000 and the maximum award 
amount is $1,000,000. Entities submitting an application under this 
funding category must propose a project that supports the establishment 
or growth of broadband cooperatives that will benefit rural 
communities.
    Anticipated Award Date: Awards are anticipated to be made by 
September 30, 2023.
    Period of Performance: October 1, 2023, through September 30, 2025.
    Renewal or Supplemental Awards: Not applicable.
    Type of Assistance Instrument: Cooperative Agreement. RD is 
authorized to administer cooperative agreement awards in accordance 
with 7 U.S.C. 2204b(b)(4) for BTA.

C. Eligibility Information

1. Eligible Applicants

    Only entities legally organized as one of the following are 
eligible for financial assistance:
    a. Federally recognized Tribes and Tribal entities;
    b. States or local governments, including any agency, subdivision, 
instrumentality, or political subdivision thereof;
    c. A territory or possession of the U.S.;
    d. An institution of higher education (including 1862 Land-Grant 
Institutions, 1890 Land-Grant Institutions, 1994 Land-Grant 
Institutions, Hispanic-Serving Institutions, and Historically Black 
Colleges and Universities);
    e. Nonprofit organizations with 501(c)(3) IRS status;
    f. Cooperatives or mutual organizations;
    g. Corporations; or
    h. Limited Liability Companies or Limited Liability Partnerships

2. Project Eligibility

    a. To be eligible for funding assistance, the proposed project must 
promote the expansion of broadband services into eligible rural areas.
    b. Award funds may be used to assist rural communities, new and 
existing cooperatives, consultants, and others in identifying and 
planning for the following purposes to deliver broadband services to 
rural areas:
    i. Identify resources to finance broadband facilities from public 
and private sources;
    ii. Prepare feasibility studies, financial forecasts, market 
surveys, environmental studies, and technical design information to 
support broadband services;
    iii. Prepare reports and surveys necessary to support the need for 
broadband services, the price range and to request financial 
assistance;
    iv. Analyze and improve operations related to the management of 
broadband facilities (i.e., implement automation, adopt new software, 
conduct training, etc.) and to the efficiency of the entity.
    c. The proposed project must include a component that allows for 
active participation and substantial involvement by RD in the 
applicant's project proposal. Examples of measurable substantial 
involvement include, but are not limited to the following:
    i. Joint convenings of community members, partners, and 
stakeholders;
    ii. Joint delivery of training for RD programs;
    iii. The development of training sessions and outreach materials; 
and
    iv. Joint efforts to form new broadband cooperatives and support 
existing cooperatives efforts to expand broadband service into rural 
areas.
    It is the intent of the proposed project to engage RD staff in 
broadband technical assistance activities, and it is the responsibility 
of the applicant to identify specific tasks where RD staff can provide 
measurable, substantial involvement in the project. If such tasks are 
not identified, the application will not be eligible for funding.
    d. 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 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

    There are no cost sharing or matching requirements associated with 
this funding opportunity.

D. Application and Submission Information

1. Address To Request Application Package

    Application and supporting materials are available at Grants.gov. 
Applications must contain all required information. To apply 
electronically, applicants must follow the instructions for this 
funding announcement at Grants.gov.

2. Content and Form of Application Submission

    a. A fully completed application is required to be considered 
eligible for funding. For an application to be considered complete, the 
applicant must complete and submit all forms, information, and 
supporting documentation described below.
    i. Written narrative proposal. The written proposal should be 
assembled into one or more pdf file(s) and should conform to the order 
in which the evaluation criteria are presented in Section E. The 
completed pdf file(s) should be uploaded into Grants.gov as an 
attachment to the application. The maximum limit for the written 
narrative section is 25 pages. Information exceeding 25 pages for the 
written narrative may not be considered for evaluation by the scoring 
panel. The written narrative proposal must clearly identify the funding 
category chosen.
    ii. Standard Form 424, ``Application for Federal Assistance.''
    iii. Standard Form 424B, ``Assurances--Non-Construction Programs.''
    iii. RD Form 400-4, ``Assurance Agreement.''
    iv. The Agency reserves the right to contact applicants to seek 
clarification on submitted materials or request additional information.
    b. 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.

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 (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

[[Page 24157]]

obtaining the UEI are available at https://sam.gov/content/entity-registration.
    b. 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. Applicant must ensure they complete the Financial Assistance 
General Representations and Certifications 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

    Applications must be submitted through Grants.gov and received no 
later than June 20, 2023 to be eligible for funding under this 
opportunity. Late or incomplete applications will not be eligible for 
funding.
    Grants.gov requires some credentialing and online authentication 
procedures that may take several business days to complete. Therefore, 
the applicant should complete the registration, credentialing, and 
authorization procedures at Grants.gov in order to submit an 
application. Instructions on all required passwords, credentialing, and 
software are available on Grants.gov. If system errors or technical 
difficulties occur, use the customer support resources available at the 
Grants.gov website.
    The Agency will not solicit or consider new scoring or eligibility 
information that is submitted after the application deadline. RUS also 
reserves the right to ask applicants for clarifying information and 
additional verification of assertions in the application.

5. Intergovernmental Review

    This program is not subject to Executive Order 12372, 
``Intergovernmental Review of Federal Programs.''

6. Funding Restrictions

    In addition to costs identified as unallowable by 2 CFR part 200, 
award funds cannot be used to pay for the following types of expenses 
(this is not a comprehensive list of unallowable costs, see 2 CFR part 
200).
    a. Construction (in any form).
    b. Activities serving non-rural communities.
    c. Activities supporting communities with existing broadband 
access.
    d. Duplicative project costs funded by another award.
    e. Indirect Costs.

7. Other Submission Requirements

    Applications must be submitted electronically using Grants.gov. No 
other form of application will be accepted. RUS will not accept 
applications through mail or courier delivery, in-person delivery, 
email, or fax. 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.

E. Application Review Information

1. Evaluation Criteria

    The Agency will review each eligible, complete application based on 
the evaluation criteria identified in this section. The written 
narrative proposal addressed in Section D of this FOA must address the 
criteria in the following order:
    a. Project Work Plan (up to 30 points). The applicant can receive 
up to 30 points for providing a detailed project work plan that 
demonstrates the soundness of the proposed broadband technical 
assistance approach. The scoring criterion will be based on the 
following:
    i. Work Plan Approach--The work plan approach should identify and 
detail project objectives, rural communities to be served, project key 
goals, partnerships developed or to be developed, and anticipated 
deliverables of the project. Applicants must list all rural communities 
that will benefit from the broadband technical assistance project and 
describe characteristics of the communities being served including 
information such as population size, population density, poverty rate, 
and other economic indicators.
    ii. Work Plan Implementation--Applicants should include details on 
how the technical assistance will be provided and how it will lead to 
expanded broadband service in rural areas. Applicants should detail 
major task(s), involvement of key personnel, time period of task(s), 
substantial involvement of RD staff, and expected deliverables.
    iii. Budget and Work Plan Alignment--A detailed budget and budget 
justification must be provided. The budget justification should align 
with the tasks detailed in the workplan. Discuss how the budget 
specifically supports the proposed activities discussed in the project 
key tasks (as described above). The format of the budget's narrative 
can be in a chart, spreadsheet, table, etc., but it should be readable 
on letter-size, printable pages. The information needs to be presented 
in such a way that the reviewers can readily understand what expenses 
are incurred to support the project. Statement(s) of work for any 
subcontractors and consultants must be included as part of the 
application.
    b. Organizational capacity (up to 20 points). All applicants must 
demonstrate the capacity to deliver and/or support broadband technical 
assistance activities. The applicant can receive up to 20 points based 
on organizational capacity and qualifications. The maximum 20 points 
for this criterion will be based on the following:
    i. The applicant's proposal should demonstrate that the applicant 
has identified appropriate key personnel, both in terms of number of 
personnel and qualifications of personnel and should provide specific 
detail of qualifications of key personnel relating to broadband 
technical assistance. Capacity of personnel to access data for needs 
assessments and access to planners and other technical experts will be 
evaluated.
    ii. Applicants that are technical assistance providers should 
specify the number of years of providing broadband technical 
assistance, detail experience in providing broadband technical 
assistance to rural communities, identify types of rural communities 
previously served, and detail experience in performance evaluation.
    c. Targeted communities (20 points). The applicant must describe 
how the proposed technical assistance activities will benefit targeted 
communities. The applicant should provide detail on how the project 
will promote the expansion of broadband within the targeted 
communities. Describe how the plan will help entities plan for and 
access broadband funding opportunities. The applicant can receive 20 
points if at least 50 percent of the rural

[[Page 24158]]

communities benefiting from the project consist of:
    i. Tribes and Tribal entities,
    ii. Colonias,
    iii. Persistent poverty counties, or
    iv. Distressed energy communities.
    A GIS layer of the areas noted above can be found on the RUS 
mapping tool located at: https://www.rd.usda.gov/programs-services/telecommunications-programs/broadband-technical-assistance-program. 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.
    d. Rurality (up to 20 points). Points will be awarded for serving 
the least dense rural areas as measured by the population of the 
communities served.
    e. Economic Need (up to 20 points). Economic need is based on the 
county poverty percentage of the communities proposed to be served in 
the application. The percentages must be determined by utilizing the 
U.S. Census Small Area Income and Poverty Estimates (SAIPE) Program. 
Communities located in geographic areas, for which no SAIPE data exist, 
will be determined to have an average SAIPE poverty percentage of 30 
percent. SAIPE data can be found on the program website.
    f. Performance measures (up to 10 points). The applicant can 
receive up to 10 points based on the proposed performance measures to 
evaluate the progress and impact of the proposed project.
    Performance measures should be based on the applicant's proposal 
and must include a description for how the results of the technical 
assistance will be measured and the benchmarks to be used for measuring 
effectiveness. Indicators to be used should be specific and be 
quantifiable.

2. Review and Selection Process

    Applications are ranked by the final score. RUS selects 
applications based on those rankings, subject to the availability of 
funds. 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. 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. An 
application receiving fewer points can be selected over a higher 
scoring application if there are insufficient funds available to cover 
the costs of the higher scoring application.
    The Agency reserves the right to offer the applicant less than the 
amount of 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. The award letter will include an agreement that contains all 
the terms and conditions for the cooperative agreement. An applicant 
must execute and return the agreement, accompanied by any additional 
items required by the agreement, within the number of days specified in 
the selection notice letter.

2. Administrative and National Policy Requirements

    The items listed in this FOA, the Application Guide, and program 
resources implement the appropriate administrative and national policy 
requirements, which include but are not limited to:
    a. 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).
    b. 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 award is first advanced and continuing in subsequent 
years until completion of the project.
    c. Ensuring that records are maintained to document all activities 
and expenditures utilizing program funds and matching funds (receipts 
for expenditures are to be included in this documentation).
    d. Providing a final project performance report, no later than one 
hundred twenty (120) days after the expiration date, termination of the 
award, the project completion, or the final disbursement of the award 
by the awardee, whichever event occurs last.
    e. 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 180 and 417 (Government-wide Nonprocurement 
Debarment and Suspension).
    iii. 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.
    iv. Accountability and Compliance with Civil Rights Laws. The 
regulation found at 7 CFR part 1901 subpart E (https://www.ecfr.gov/current/title-7/subtitle-B/chapter-XVIII/subchapter-H/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 RD. 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 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, 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

[[Page 24159]]

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 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 program objectives. Success of the project 
can be demonstrated by identifying the progress achieved in securing 
financing to bring broadband service to the eligible rural area. 
Project performance reports should include, but are not limited to, the 
following:
    i. A comparison of actual accomplishments to the objectives 
established for that period;
    ii. A description of any problems, delays, or adverse conditions 
which have occurred, or are anticipated, and which may affect the 
attainment of overall project objectives, prevent the meeting of time 
schedules or objectives, or preclude the attainment of particular 
project work elements during established time periods. This disclosure 
shall be accompanied by a statement of the action taken or planned to 
resolve the situation; and
    iii. Objectives and timetable established for the next reporting 
period.
    iv. Activities demonstrating the coordination with the State 
Broadband Office.
    b. 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 (Transparency Act) 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 are found at 2 CFR part 170 (https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-170).
    c. Record keeping and accounting. The agreement will contain 
provisions related to record keeping and accounting requirements.

G. Federal Awarding Agency Contacts

    1. Website: https://www.rd.usda.gov/programs-services/telecommunications-programs/broadband-technical-assistance-program. The 
BTA website maintains up-to-date resources and contact information for 
the Program.
    2. For inquiries regarding eligibility concerns, please contact 
program staff at https://www.usda.gov/reconnect/contact-us. Other 
inquiries, please contact Laurel Leverrier, Assistant Administrator, 
Telecommunications Program, Rural Utilities Service, U.S. Department of 
Agriculture (USDA), email [email protected], telephone: (202) 
720-9554.

H. Other Information

1. Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995, the 
information collection requirements associated with the program, as 
covered in this notice, have been approved by the Office of Management 
and Budget (OMB) under OMB Control Number 0503-0028.

2. 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).
    However, awards for technical assistance and training under this 
notice are classified as a Categorical Exclusion according to 7 CFR 
1970.53(b) (https://www.ecfr.gov/current/title-7/subtitle-B/chapter-XVIII/subchapter-H/part-1970#p-1970.53(b)), and usually do not require 
any additional documentation. RUS will review each application to 
determine its compliance with 7 CFR part 1970 (https://www.ecfr.gov/current/title-7/subtitle-B/chapter-XVIII/subchapter-H/part-1970). The 
applicant may be asked to provide additional information or 
documentation to assist RUS with this determination.

3. USDA Non-Discrimination 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/oascr/program-discrimination-complaint-filing, 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:
    a. Mail: U.S. Department of Agriculture, Office of the Assistant 
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 
20250-9410; or
    b. Fax: (833) 256-1665 or (202) 690-7442; or
    c. Email: [email protected].

Andrew Berke,
Administrator, Rural Utilities Service, Rural Development.
[FR Doc. 2023-08233 Filed 4-18-23; 8:45 am]
BILLING CODE 3410-15-P