[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Pages 40775-40780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13232]


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 Notices
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  Federal Register / Vol. 88, No. 119 / Thursday, June 22, 2023 / 
Notices  

[[Page 40775]]



DEPARTMENT OF AGRICULTURE

Rural Utilities Service

[DOCKET #: RUS-23-WATER-0009]


Notice of Funding Opportunity for Calendar Year 2022 Disaster 
Water Grants Program for Fiscal Year 2023; Water and Environmental 
Programs

AGENCY: Rural Utilities Service, USDA.

ACTION: Notice.

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

SUMMARY: The Rural Utilities Service (RUS or Agency), a Rural 
Development (RD) mission area of the United States Department of 
Agriculture (USDA), announces the acceptance of applications under the 
Calendar Year (CY) 2022 Disaster Water Grants Program for Fiscal Year 
(FY) 2023. The Agency will have at least $247,250,000 in grant funding 
through the Disaster Relief Supplemental Appropriations Act, 2023. 
Grant funds will be made available to qualified, rural applicants to 
pay for necessary expenses related to water infrastructure systems 
damaged by events that occurred during CY 2022 and were recognized 
through Presidentially Declared Disasters. All applicants are 
responsible for any expenses incurred in developing their applications.

DATES: Applications will be accepted on a continual basis, beginning on 
June 22, 2023 until funds are exhausted. To comply with the 
Congressional Review Act, there is a 60-day delay in the effective date 
of this action, and the Agency will not take action on applications 
until the later of 60 days after notification to Congress or August 21, 
2023.

ADDRESSES: Applications and supporting documentation must be submitted 
electronically through USDA's application intake system, RD APPLY, at 
https://rdapply.usda.gov. Application documents and additional 
resources are available at https://www.rd.usda.gov/programs-services/water-environmental-programs/calendar-year-2022-disaster-water-grants-program.
    This funding opportunity will also be posted to https://www.grants.gov.

FOR FURTHER INFORMATION CONTACT: Angela Tilghman, Water and 
Environmental Programs, RUS, USDA at [email protected]. Persons with 
disabilities that require alternative means for communication should 
contact the USDA Target Center at (202) 720-2600 (voice) or the 711 
Relay Service.
    Funding under this Notice will be delivered in coordination with 
the USDA RD State Offices. Applicants are encouraged to contact their 
respective USDA RD State Offices, as designated by where the project is 
located, for further information on submitting applications under this 
Notice. A list of USDA RD State Office contacts is provided at the 
following link: https://www.rd.usda.gov/about-rd/state-offices.

SUPPLEMENTARY INFORMATION:

Overview

    Federal Awarding Agency Name: Rural Utilities Services.
    Funding Opportunity Title: Calendar Year 2022 Disaster Water Grants 
Program.
    Announcement Type: Notice of Funding Opportunity (NOFO).
    Funding Opportunity Number: RD-RUS-CY22Disaster.
    Assistance Listing: 10.760.
    Dates: Applications will be accepted on a continual basis, 
beginning on June 22, 2023, until funds are exhausted. To comply with 
the Congressional Review Act, there is a 60-day delay in the effective 
date of this action, and the Agency will not take action on 
applications until the later of 60 days after notification to Congress 
or August 21, 2023.
    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.

A. Program Description

    1. Purpose of the Program. The CY 2022 Disaster Water Grants 
Program is designed to assist communities by awarding grant funds to 
qualified entities for expenses related to water infrastructure systems 
in designated areas that were impacted by events that occurred during 
CY 2022 and were recognized through Presidentially Declared Disasters. 
In addition to damage repairs, these grants are also intended to 
develop system capacity and resiliency in order to reduce or eliminate 
long-term risks from future events. Subject to any updates to the 
Presidentially Declared Disasters, the following states have been 
identified as containing areas that have been impacted by qualifying 
events during CY 2022: Alaska, American Samoa, Arizona, California, 
Florida, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Maine, 
Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, 
Nevada, New Mexico, New York, North Carolina, North Dakota, Oklahoma, 
Oregon, Puerto Rico, Rhode Island, South Carolina, South Dakota, 
Tennessee, Texas, U.S. Virgin Islands, Virginia, Washington, and West 
Virginia. For the most current list of Presidentially Declared 
Disasters, visit the United States (U.S.) Department of Homeland 
Security, Federal Emergency Management Agency (FEMA) website at https://www.fema.gov/disaster/declarations.
    2. Statutory and Regulatory Authority. The CY 2022 Disaster Water 
Grants Program is authorized pursuant to 5 U.S.C. 301; 7 U.S.C. 1989; 
16 U.S.C. 1005; and Division N of the Consolidated Appropriations Act, 
2023, Public Law 117-328. It is implemented in accordance with the 
provisions established within Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards, 2 CFR parts 200 
and 400, uniform Federal grant awards regulations, 7 CFR part 1780 and 
this NOFO.
    3. Definitions. The terms and conditions provided in this NOFO are 
applicable to and for purposes of this NOFO only.
    Agency. RUS or its successors, and the USDA RD employees acting on

[[Page 40776]]

behalf of RUS in accordance with the appropriate delegations of 
authority.
    Calendar Year (CY). The period-of-time beginning on January 1 and 
ending on December 31 of each year.
    Eligible Project Costs. The costs incurred during the period of 
performance and that are directly related to the use and purposes of 
the CY 2022 Disaster Water Grants Program. See Section C.2. of this 
Notice for eligible project costs.
    Median Household Income (MHI). The income data used in this part to 
determine MHI must be that which most accurately reflects the income of 
the service area. The MHI will be the income data for the service area 
as determined by the Agency-approved five-year income dataset from the 
United States Department of Commerce, United States Census Bureau, 
American Community Survey (ACS) or, if needed, other Agency-approved 
Census Bureau data. If there is reason to believe that the ACS data is 
not an accurate representation of the MHI within the area to be served, 
the reasons will be documented and the applicant may furnish, or the 
Agency may obtain, additional information regarding such MHI. 
Information will consist of reliable data from local, regional, State, 
Tribal or Federal sources, or from a survey conducted by a reliable 
impartial source which meets Agency established standards.
    Prefabricated Homes Communities. Mobile, manufactured, and modular 
homes that share a private public water and/or sewer system.
    Presidentially Declared Disasters. A declaration made by the 
President in accordance with applicable statues that a disaster exists, 
necessitating assistance in the recovery of the impacted area.
    Rural or Rural Area. For purposes of this Notice, any area in a 
city, town, or unincorporated area identified through Presidentially 
Declared Disasters with a population not in excess of 35,000 
inhabitants, according to the latest Agency-implemented decennial 
census of the United States. The population of the community is as 
adjusted by the exclusion of individuals incarcerated on a long-term or 
regional basis, and the exclusion of the first 1,500 individuals who 
reside in housing located on a military base. The area to be served may 
be made up of combinations of these eligible areas. If the applicable 
population figure cannot be obtained from the most recent decennial 
Census, RUS will determine the applicable population figure based on 
available population data. Facilities financed may be located in non-
rural areas. However, funds may be used to finance only that portion of 
the facility serving rural areas, regardless of facility location.
    State. References in this NOFO to State, State government, or State 
agency are limited to any of the 50 States of the U.S., the 
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American 
Samoa, the Commonwealth of the Northern Mariana Islands, and, as may be 
determined by the Secretary to be feasible, appropriate and lawful, the 
Freely Associated States and the Federated States of Micronesia, the 
Republic of the Marshall Islands, and the Republic of Palau which were 
identified through Presidentially Declared Disasters related to events 
that occurred during CY 2022.
    State Nonmetropolitan Median Household Income (SNMHI). Median 
household income of a state's nonmetropolitan counties and portions of 
metropolitan counties outside of cities, towns, or places of 50,000 or 
more in population. The SNMHI is set by the Agency. The nonmetropolitan 
median household income of the State may only be updated on a national 
basis by the Agency.
    4. Application of Awards. The Agency will review, evaluate, and 
score applications received in response to this Notice. Awards under 
the CY 2022 Disaster Water Grants Program will be made on a rolling 
basis, providing priority to applications using specific selection 
criteria contained in this Notice. The Agency advises all interested 
parties that the applicant bears the full burden in preparing and 
submitting an application in response to this Notice regardless of if 
funding is awarded.

B. Federal Award Information

    Type of Award: Grants.
    Fiscal Year Funds: FY 2023.
    Available Funds: At least $247,250,000. RUS may at its discretion, 
increase the total level of funding available in this funding round 
from any available source provided the award(s) meets the requirements 
of the statute which made the funding available to the Agency.
    Award Amounts: No minimum or maximum award amount.
    Anticipated Award Date: Summer 2023 until all funds are expended.
    Performance Period: The grant period is not to exceed 48-months 
from the obligation of funds date, unless agreed to by the Agency.
    Renewal or Supplemental Awards: Applications for renewal or 
supplementation of existing projects may be eligible to compete with 
applications for new Federal awards under this program. Funding 
provided through this NOFO does not guarantee or otherwise imply any 
future commitment of funding for renewal or supplementation of existing 
projects. Should additional RUS funding be needed from other Agency 
programs to carry out the proposed scope of work, the application 
requirements of each program will be applicable.
    Type of Assistance Instrument: Grant Agreement.
    Approximate Number of Awards: The number of awards will depend on 
the number of eligible applications and the total amount of requested 
funds.

C. Eligibility Information

    1. Eligible Applicants. Eligible applicants must meet the following 
eligibility requirements:
    (a) Be either a Public Body, an organization operated on a not-for-
profit basis, a tribe, or a prefabricated home organization operating 
an eligible community-based system. Non-tribal applicants proposing to 
serve tribes and tribal areas should have the support of those tribes 
either in the form of a Tribal Resolution and/or letter of support for 
the project impacting their communities.
    (b) Be eligible to receive and administer a Federal grant under 
Federal law.
    (c) Each applicant must: (1) Have or will obtain the legal 
authority necessary for owning, constructing, operating, and 
maintaining the facility or service to be repaired or replaced and for 
issuing security for the proposed grant; (2) Be responsible for 
operating, maintaining, and managing the facility, and providing for 
its continued availability and use at reasonable user rates and 
charges; and (3) Retain this responsibility even though the facility 
may be operated, maintained, or managed by a third party under contract 
or management agreement.
    (d) Demonstrate that they possess the technical, managerial, and 
financial capability necessary to consistently comply with pertinent 
Federal and State laws and requirements.
    (e) Have no delinquent debt to the federal government or no 
outstanding judgments to repay a federal debt.
    2. Eligible Project Costs.
    (a) Grant funds may be used by eligible applicants to pay for 
expenses:
    (1) Related to restoration, repair, or rebuilding to water 
infrastructure systems. Water infrastructure systems include drinking 
water, wastewater, solid waste, and stormwater projects serving 
eligible communities. Adequate documentation must be provided to 
demonstrate impacts to the water

[[Page 40777]]

infrastructure systems, watershed, or water resources.
    (2) To develop system capacity and resiliency to reduce or 
eliminate long-term risks from hazards and their effects on water 
infrastructure systems identified above.
    (3) Related to restoration, repair, or rebuilding, and is not 
limited to replacing what was present prior to the disaster. Facilities 
should be planned and constructed in a sustainable way that reduces or 
eliminates long-term risk to people and property from future disasters. 
Projects must consider current and future community needs and meet 
current building codes and other standards, while also improving 
resilience to future disasters.
    (b) When associated with an eligible construction project, funding 
may be used to pay for:
    (1) Reasonable fees and costs such as: legal, engineering, 
administrative services, fiscal advisory, recording, environmental 
analyses and surveys, possible salvage or other mitigation measures, 
planning, establishing or acquiring rights.
    (2) Costs of acquiring interest in land to include rights, leases, 
permits, rights-of-way; and other evidence of land or protection 
necessary for development of the facility.
    (3) Purchasing or renting equipment necessary to install, operate, 
maintain, extend, or protect facilities.
    (4) Costs of additional applicant labor and other expenses 
necessary to install and extend service.
    (5) Costs for connecting the user to the main service line.
    (6) Repairs and replacements already made to restore service. 
Grants may be awarded to reimburse applicants for expenses incurred in 
recovery and response efforts. Adequate documentation must be provided 
to demonstrate that the expenses are related to an event that occurred 
in CY 2022 identified through a Presidentially Declared Disaster, and 
that it was necessary to complete the repairs prior to submitting an 
application for assistance. Additional documentation may be needed to 
ensure environmental and certain other Agency requirements are met.
    (7) Other costs that the Agency determines to be eligible and 
necessary.
    (c) Project costs must be for necessary expenses related to water 
infrastructure systems damaged by events that occurred during CY 2022 
and were recognized through Presidentially Declared Disasters.
    3. Cost Sharing or Matching. There are no cost sharing or matching 
requirements associated with this grant.
    4. Other. There shall be no reimbursement for repairs, 
replacements, or other improvements made or financed using insurance 
proceeds or funding from other Federal grant programs, including but 
not limited to awards provided by FEMA, U.S. Environmental Protection 
Agency or state agencies delivering funding on its behalf, and U.S. 
Housing and Urban Development's Community Development Block Grants.

D. Application and Submission Information

    1. Address to Request Application Package. General information 
related to the CY 2022 Disaster Water Grants Program, copies of 
necessary forms and samples, and other program guidance is available at 
https://www.rd.usda.gov/programs-services/water-environmental-programs/calendar-year-2022-disaster-water-grants-program. Applications and 
supporting documentation must be submitted electronically through 
USDA's application intake system, RD APPLY, at https://rdapply.usda.gov.
    For additional information on how to apply, including local field 
office contacts, please see the ``For Further Information Contact'' 
section of this Notice.
    2. Content and Form of Application Submission. To be considered for 
funding, applicants must be an eligible entity and submit a complete 
application. A complete application must contain all required elements 
outlined in this Notice. Applicants will be required to submit the 
following items to the processing office electronically via RD APPLY.
    (a) Standard Form (SF) 424, ``Application for Federal Assistance.''
    (b) SF 424-C, ``Budget Information-Construction Programs.''
    (c) SF 424-D, ``Assurances-Construction Programs.''
    (d) Form RD 1910-11, ``Application Certification, Federal 
Collection Policies for Consumer or Commercial Debts.''
    (e) Form RD 400-1, ``Equal Opportunity Agreement.''
    (f) Form RD 400-4, ``Assurance Agreement.''
    (g) If the applicant is a public body, the following must be 
provided:
    (1) Copy of a resolution, statute, or state constitutional 
provision that creates the public body, or
    (2) Legal opinion from the applicant's attorney identifying the 
name and title of the official who can act on behalf of the applicant 
and denoting the applicant's legal authority to: (1) Accept grant funds 
and enter into the proposed transaction and (2) Comply with regulatory 
requirements and carry out the responsibilities imposed by the program.
    (h) If the applicant is a nonprofit entity, the following must be 
provided:
    (1) At least one of the following must be presented:
    (A) Documentation to verify the IRS currently recognizes the 
applicant as a 501(c)(3) organization;
    (B) A statement from a State taxing body or the State attorney 
general certifying that: (i) The organization is a nonprofit operating 
within the state, and (ii) No part of its net earnings may lawfully 
benefit any private shareholder or individual; or,
    (C) A certified copy of the applicant's certification of 
incorporation or similar document if it clearly establishes the 
nonprofit status of the applicant.
    (2) Certificate of Good Standing from the Secretary of State.
    (3) Articles of Incorporation and amendments (if applicable).
    (4) Current By-Laws.
    (5) List of local Board of Director to include addresses and term 
period.
    (i) If the applicant is a prefabricated home communities' 
organization, the following must be provided:
    (1) Articles of Organization.
    (2) Employer Identification Number.
    (3) Operating Licenses and Certifications, as required.
    (4) Operating Agreement.
    (j) A copy of, or reference to, the Presidential Disaster 
Declaration used to qualify for funding under this Notice.
    (k) The material submitted with the application should include a 
preliminary engineering report, population and median household income 
of the area to be served, and descriptions of the existing facility, 
proposed project and nature of the disaster that caused the problem(s) 
being addressed by the project. To meet these requirements, a 
preliminary engineering report is required that offers adequate 
justification of need, defines scope of the proposed work, and cost 
estimate. The simplified engineering report template in items i thru 
iii below may be considered for projects that are repair-in-kind and 
that do not require funding from other Agency programs. Projects that 
do not meet the preceding, must follow RUS Bulletin 1780-2, Preliminary 
Engineering Reports for the Water and Waste Disposal. The following 
items are to be considered with simplified preliminary engineering 
reports:
    (1) Scope of Work. Describe work to be performed including type, 
amount, and a brief description and justification of engineering design 
parameters used.
    (2) Cost Estimate. Provide an itemized estimate of the total 
project cost based

[[Page 40778]]

on the stated period of construction. Include development and 
construction, land and rights, legal, engineering, equipment, 
contingencies, and other costs associated with the proposed project.
    (3) System Resiliency and Water Reuse. When possible, system 
resiliency and water reuse options should be considered.
    (l) A certification or letter from applicant or its attorney 
regarding any insurance coverage and claims, FEMA, or another Federal 
funding agency for this project.
    (m) A completed environmental documentation report and 
certifications prepared in accordance with 7 CFR part 1970; and
    (n) A copy of the applicant's most recent year-end financial 
statements, and a current balance sheet, income statement, and 
operating budget. The following forms may be used to present the 
information:
    (1) Form RD 442-3, ``Balance Sheet'' or similar form.
    (2) Form RD 442-2, ``Statement of Budget, Income and Equity'' or 
similar form.
    (3) Form RD 442-7, ``Operating Budget'' or similar form.
    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 Identifier 
and System for Award Management. To register in SAM, entities will be 
required to obtain 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.
    (f) The entity that will retain the rights to own, operate, and 
maintain the constructed facility will also be required to complete the 
registration requirements outlined above. The timing of any 
requirements will be outlined in the Grant Agreement issued following 
the selection of an application.
    4. Submission Dates and Times. Applications will be accepted on a 
continual basis, beginning on June 22, 2023, until funds are exhausted.
    5. Intergovernmental Review. Executive Order (E.O.) 12372, 
``Intergovernmental Review of Federal Programs,'' applies to this 
program. This E.O. requires that Federal agencies provide opportunities 
for consultation on proposed assistance with State and local 
governments. Many states have established a Single Point of Contact 
(SPOC) to facilitate this consultation. For a list of States that 
maintain a SPOC, please see the White House website: https://www.whitehouse.gov/omb/management/office-federal-financial-management/. 
If your State has a SPOC, you may submit a copy of the application 
directly for review. Any comments obtained through the SPOC must be 
provided to your State Office for consideration as part of your 
application. If your state has not established a SPOC, you may submit 
your application directly to the Agency. Applications from Federally 
Recognized Tribes are not subject to this requirement.
    6. Funding Restrictions. Applications must be for eligible purposes 
as defined in Section C.2. of this Notice. Funding may not be used to 
pay for the following costs:
    (a) Facilities which are not modest in size, design, and cost;
    (b) Grant finder's fees;
    (c) The construction of any new combined storm and sanitary sewer 
facilities;
    (d) Any portion of the cost of a facility which does not serve a 
rural area;
    (e) That portion of project costs normally provided by a business 
or industrial user, such as wastewater pretreatment, etc.;
    (f) Rental for the use of equipment or machinery owned by the 
applicant;
    (g) For other purposes not directly related to operation and 
maintenance of the facility being installed or improved; and
    (h) Pay project costs when other funding is a guaranteed loan 
obtained in accordance with 7 CFR part 5001.
    7. Other Submission Requirements. Applications and supporting 
information will not be accepted via, fax, electronic mail, or any 
other medium other than through RD APPLY at https://rdapply.usda.gov.

E. Application Review Information

    1. Criteria. When ranking eligible applications for consideration 
for limited funds, Agency officials must consider the priority items 
met by each application and the degree to which those priorities are 
met. Points will be awarded as follows:

------------------------------------------------------------------------
         Criteria No.                  Criteria              Points
------------------------------------------------------------------------
1.............................  Population of
                                 proposed area(s) to
                                 be served (based on
                                 Census data):
                                a. Not in excess of                   30
                                 2,500.
                                b. More than 2,500                    20
                                 and not in excess of
                                 5,500.
                                c. More than 5,500                    15
                                 and not in excess of
                                 10,000.
                                d. Over 10,000.......                  0
2.............................  Income: The MHI of
                                 population to be
                                 served by the
                                 proposed project is:
                                a. Not in excess of                   30
                                 70 percent of the
                                 SNMHI or below
                                 poverty guideline.
                                b. More than 70                       20
                                 percent and not in
                                 excess of 80 percent
                                 of the SNMHI.
                                c. More than 80                       15
                                 percent and not in
                                 excess of 90 percent
                                 of the SNMHI.
                                d. More than 90                        0
                                 percent of the SNMHI.
3.............................  Health Priorities:
                                a. Needed to                          25
                                 alleviate an
                                 emergency situation,
                                 correct
                                 unanticipated
                                 diminution in
                                 quantity or
                                 deterioration in
                                 quality of a water
                                 supply, or to meet
                                 Safe Drinking Water
                                 Act requirements
                                 which pertain to a
                                 water system.
                                b. Required to                        25
                                 correct inadequacies
                                 of a wastewater
                                 disposal system, or
                                 to meet health
                                 standards which
                                 pertain to a
                                 wastewater disposal
                                 system.

[[Page 40779]]

 
                                c. Required to meet                   15
                                 administrative
                                 orders issued to
                                 correct local, State
                                 or Federal solid
                                 waste violations.
4.............................  Other Priorities:
                                Amount of non-Agency                  15
                                 funds committed to                   10
                                 the project:.                         5
                                A. 50 percent or more                  0
                                B. 20 percent to 49
                                 percent.
                                C. 5 percent to 19
                                 percent.
                                D. Less than 5
                                 percent.
                                The proposed project                  10
                                 will enlarge,
                                 extend, or otherwise
                                 modify existing
                                 facilities to
                                 provide service to
                                 additional rural
                                 areas.
                                The proposed project                  10
                                 will serve an area
                                 that has an
                                 unreliable quality
                                 or supply of
                                 drinking water.
                                Project promotes long-          Up to 15
                                 term system
                                 sustainability,
                                 resiliency and water
                                 reuse.
5.............................  Administrator
                                 Discretion:
                                RUS Administrator may                 15
                                 provide additional
                                 points based on the
                                 identified factor *.
------------------------------------------------------------------------
* Administrator Discretionary Points--In order to be considered for
  Administrator Discretionary Points, the applicant must provide
  adequate documentation to address the following factor:

    Project is located in a Disadvantaged Community or a Distressed 
Community (15 points will be added). A Disadvantaged Community will be 
determined by the Agency by using the Council on Environmental 
Quality's Climate and Economic Justice Screening Tool (which is 
incorporated into the USDA look-up map) which identifies communities 
burdened by climate change and environmental injustice. Additionally, 
all communities within the boundaries of Federally Recognized Tribes 
and Alaska Native Villages will also be determined to be Disadvantaged 
Communities by the Agency. Distressed Community will be determined by 
the Agency by using the Economic Innovation Group's Distressed 
Communities Index (which is incorporated into the USDA look-up map), 
which uses several socio-economic measures to identify communities with 
low economic well-being. To determine if your project is located in a 
Disadvantaged Community or a Distressed Community, please use the 
following USDA look-up map: https://ruraldevelopment.maps.arcgis.com/apps/webappviewer/index.html?id=4acf083be4c44bb7864d90f97de0c788.
    The Administrator Discretionary Points will be awarded solely on 
the aforementioned factor.
    2. Review and Selection Process. Within 10 working days of 
receiving an application, the Agency will send you a notification of 
acknowledgment. The application will be reviewed for completeness to 
determine if all the required items were included. If the application 
is incomplete or ineligible, the Agency will return it with an 
explanation. Applicants may resubmit applications deemed incomplete or 
ineligible after revising them in accordance with the Agency 
explanation. The Agency reserves the right to offer the applicant less 
than the grant funding requested.

F. Federal Award Administration Information

1. Federal Award Notices
    (a) Application Outcomes. There are four possible outcomes 
following the submission of an application under the CY 2022 Disaster 
Water Grants Program. The Agency reserves the right to make no grant 
awards if all applications are ineligible, incomplete or do not meet 
the established program objectives and priorities. The Agency may 
determine that the application is:
    (1) Eligible and selected for funding,
    (2) Eligible but offered fewer funds than requested,
    (3) Eligible but not selected for funding, or
    (4) Ineligible for the grant.
    (b) Award Notices. Applicants selected for funding will be sent a 
Letter of Conditions, accompanied by a grant agreement, which outlines 
the terms and conditions of the award, and other applicable documents. 
Pursuant to the grant agreement, 2 CFR parts 200 and 400, and other 
applicable provisions, grant funds may be released over the course of 
the grant period in reimbursement for the performance of eligible, 
approved activities which do not duplicate similar federal efforts or 
tasks. The grant agreement may also include reporting and pre-approval 
requirements. If such requirements are not met, it may result in a 
delay in reimbursement, disallowance of expense, or a suspension of the 
grant.
    (c) Payments/Reimbursements. Grantees will be reimbursed as per 
Letter of Conditions, the grant agreement, and this Notice. No funds 
will be disbursed prior to the Agency's receipt of the fully executed 
grant agreement. Funding requests may be submitted for allowable costs 
up to monthly and must include the appropriate supporting 
documentation, which may include copies of payments made to contractors 
and other parties, and evidence of the completed work. Payment requests 
must be submitted using form SF-270, ``Request for Advance or 
Reimbursement,'' or similar agency approved substitute. The grantee is 
responsible for the monitoring and oversight of any construction, 
including the monitoring of progress related to the goals and 
objectives and any reporting required in Section F.3. of this Notice. 
Construction must be performed in accordance with 7 CFR 1780, sections 
1780.57, 1780.61, and 1780.67 through 1780.76.
    (d) Scope of Services. The scope of work will be attached to the 
executed grant agreement. Related to non-reimbursement construction 
applications, the grantee is responsible for ensuring that all 
contractual, legal, and program requirements are met prior to starting 
work. Construction projects that require refinement to the scope of 
work post-obligation will provide an updated scope of work prior to 
proceeding with any design or entering into any contracts. RUS will 
review the scope of work to ensure that the project costs are eligible 
and then affix the revised scope of work to the grant agreement. The 
grantee must ensure that any updated scope of work documents meet all 
accessibility, civil rights, environmental, and other applicable 
standards.
    Any change in the scope of the project, budget adjustments of more 
than 20 percent of the total budget, or any other significant change in 
the project scope must be reported to and approved by the approval 
official by written amendment to the grant agreement. Any change not 
properly approved may be cause for termination of the grant.
    2. Administrative and National Policy Requirements. There are no 
known

[[Page 40780]]

unusual Administrative and National Policy Requirements associated with 
the CY 2022 Disaster Water Grants Program. This Notice is subject to 
the terms and requirements of Departmental and other regulations, 
including 2 CFR parts 180, 182, 200, 400, 421 and any successor 
regulations implementing the appropriate administrative and national 
policy requirements.
    3. Reporting. Performance reporting, including applicable forms, 
narratives, financials, and other documentation, are to be completed 
and submitted in accordance with the provisions of this Notice, 2 CFR 
parts 200 and 400, and the grant agreement. Further, all grantees must 
submit an audit or financial information covering the defined period of 
performance as outlined in this Notice, 2 CFR part 200, subpart F, and 
the grant agreement.
    As outlined in Section F.1. of this Notice, Grant recipients shall 
constantly monitor performance to ensure that time schedules are being 
met, projected work by time periods is being accomplished, and other 
performance objectives are being achieved. The recipient will provide 
project reports to the Agency as follows:
    (a) ``Federal Financial Report (SF 425)'' and Project Performance 
Report. An SF 425 and a project performance activity report will be 
required of all recipients on a quarterly basis, due 30 days after the 
end of each quarter.
    (b) Final Project Performance Report. A final project performance 
report will be required with the last SF 425 due 90 days after the end 
of the last quarter in which the project is completed.
    (c) Financial Reporting. The recipient will provide an audit report 
or financial statements to the Agency as follows:
    (1) Recipients expending $750,000 or more Federal funds per fiscal 
year will submit an audit conducted in accordance with 2 CFR part 200. 
The audit will be submitted within the earlier of 30 calendar days 
after receipt of the auditor's report(s), or nine months after the 
recipient's fiscal year. Additional audits may be required if the 
project period covers more than one fiscal year.
    (2) Recipients expending less than $750,000 will provide annual 
financial statements covering the grant period, consisting of the 
organization's statement of income and expense and balance sheet signed 
by an appropriate official of the organization. Financial statements 
will be submitted within 90 days after the recipient's fiscal year.

G. Federal Awarding Agency Contact(s)

    For general questions about this announcement, please see the 
contact information provided in the For Further Information Contact 
section of this Notice.

H. Other Information

    1. Congressional Review Act Statement. Pursuant to subtitle E of 
the Small Business Regulatory Enforcement Fairness Act of 1996 (also 
known as the Congressional Review Act or CRA); 5 U.S.C. 801 et seq., 
the Office of Information and Regulatory Affairs in the Office of 
Management and Budget designated this action as a major rule as defined 
by 5 U.S.C. 804(2), because it is likely to result in an annual effect 
on the economy of $100,000,000 or more. Accordingly, there is a 60-day 
delay in the effective date of this action, and the Agency will not 
take action on applications until the later of 60 days after 
notification to Congress or August 21, 2023.
    2. 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 program, as covered in this 
Notice, have been approved by the Office of Management and Budget (OMB) 
under OMB Control Number 0572-0121.
    3. National Environmental Policy Act. All recipients under this 
Notice are subject to the requirements of 7 CFR part 1970.
    4. Federal Funding Accountability and Transparency Act. All 
applicants, in accordance with 2 CFR part 25, must be registered in SAM 
and have a UEI number as stated in Section D.3 of this Notice. All 
recipients of Federal financial assistance are required to report 
information about first-tier sub-awards and executive total 
compensation in accordance with 2 CFR part 170, Reporting sub-award and 
executive compensation information.
    5. 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 (7 CFR 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.
    6. 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/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:
    (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].
    USDA is an equal opportunity provider, employer, and lender.

Andrew Berke,
Administrator, Rural Utilities Services, USDA Rural Development.
[FR Doc. 2023-13232 Filed 6-21-23; 8:45 am]
BILLING CODE 3410-15-P