[Federal Register Volume 89, Number 41 (Thursday, February 29, 2024)]
[Notices]
[Pages 14800-14806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04015]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / 
Notices  

[[Page 14800]]



DEPARTMENT OF AGRICULTURE

Rural Utilities Service

[DOCKET#: RUS-23-TELECOM-0021]


Notice of Solicitation of Applications for the Distance Learning 
and Telemedicine Grants for Fiscal Year 2024

AGENCY: Rural Utilities Service, USDA.

ACTION: Notice.

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

SUMMARY: President Joe Biden has pledged that every American will have 
access to affordable, reliable, high-speed internet. Digital equity 
devices, skills and affordability that brings the internet to life are 
a critical part of that mission. As part of that work, the Rural 
Utilities Service (RUS, Agency), a Rural Development (RD) agency of the 
United States Department of Agriculture (USDA), announces the 
acceptance of applications under the Distance Learning and Telemedicine 
(DLT) grant program for fiscal year (FY) 2024, subject to the 
availability of funding. This notice is being issued prior to passage 
of a FY 2024 Appropriations Act in order to allow applicants sufficient 
time to leverage financing, prepare and submit their applications, and 
give the Agency time to process applications within FY 2024. Based on 
FY 2023 appropriated funding, the Agency estimates that approximately 
$60 million will be available for FY 2024. Successful applications will 
be selected by the Agency for funding and subsequently awarded to the 
extent that funding may ultimately be made available through 
appropriations. All applicants are responsible for any expenses 
incurred in developing their applications.

DATES: Applications must be submitted through www.grants.gov/ and 
received no later than April 29, 2024 to be eligible for funding under 
this grant opportunity. Late or incomplete applications will not be 
eligible for funding under this grant opportunity.

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

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

SUPPLEMENTARY INFORMATION: 

Overview

    Federal Awarding Agency Name: Rural Utilities Service (RUS).
    Funding Opportunity Title: Distance Learning and Telemedicine (DLT) 
Grants.
    Announcement Type: Notice of Solicitation of Applications (NOSA).
    Funding Opportunity Number: RUS-24-01-DLT.
    Assistance Listing Number: 10.855.
    Dates: Applications must be submitted through www.grants.gov/ and 
received no later than April 29, 2024 to be eligible for funding under 
this grant opportunity. Late or incomplete applications will not be 
eligible for funding under this grant opportunity.
    Rural Development Key Priorities: The Agency encourages applicants 
to consider projects that will advance the following key priorities 
(more details available at www.rd.usda.gov/priority-points):
     Assisting rural communities recover economically through 
more and better market opportunities and through improved 
infrastructure.
     Ensuring all rural residents have equitable access to RD 
programs and benefits from RD funded projects; and
     Reducing climate pollution and increasing resilience to 
the impacts of climate change through economic support to rural 
communities.

A. Program Description

    1. Purpose of the Program. Seeking to make progress toward 
President Biden's goal of digital equity throughout the country, the 
DLT program provides financial assistance to enable and improve 
distance learning and telemedicine services in rural areas. DLT grant 
funds support the use of telecommunications-enabled information, audio 
and video equipment, and related advanced technologies by students, 
teachers, medical professionals, and rural residents. These grants are 
intended to increase rural access to education, training, and health 
care resources that are otherwise unavailable or limited in scope.
    2. Statutory and Regulatory Authority. The DLT program is 
authorized under 7 U.S.C. 950aaa and implemented by 7 CFR part 1734.
    3. Definitions. The definitions applicable to this notice are 
published at 7 CFR 1734.3. Additional definitions applicable to this 
notice are listed below.
    Federally Recognized Tribe is classified as any Indian or Alaska 
Native tribe, band, nation, pueblo, village or community as defined by 
the Federally Recognized Indian Tribe List Act (List Act) of 1994 (Pub. 
L. 103-454). A list of Federally Recognized Tribes is available at: 
www.federalregister.gov/documents/2023/01/12/2023-00504/indian-entities-recognized-by-and-eligible-to-receive-services-from-the-united-states-bureau-of.
    Opioid or other substance use disorder treatment is defined as the 
interactive communication between medical or educational professionals 
and opioid users or their families, other treatment professionals or 
those who interact with opioid or other substance users.
    Rural Area refers to any area, as confirmed by the most recent 
decennial Census of the United States, which is not located within a 
city, town, or incorporated area that has a population of greater than 
20,000 inhabitants; or an urbanized area contiguous and adjacent to a 
city or town that has a population of greater than 50,000 inhabitants; 
and which excludes certain populations pursuant to 7 U.S.C. 
1991(a)(13)(H) and (I). For purposes of the definition of Rural Area, 
the Agency has determined to recognize any census-designated

[[Page 14801]]

``urban area'' in place of an ``urbanized area,'' given that the Census 
Bureau no longer tracks or uses the term urbanized area.
    4. Application of Awards. The Agency will review, evaluate, and 
score applications received in response to this notice based on 7 CFR 
1734.26. Awards under the DLT program will be made on a competitive 
basis using specific selection criteria provided in 7 CFR 1734.27. The 
Agency advises all interested parties that the applicant bears the full 
burden in preparing and submitting an application in response to this 
notice regardless of whether or not funding is appropriated for the DLT 
program in FY 2024.

B. Federal Award Information

    Type of Award: Grants.
    Fiscal Year Funds: FY 2024.
    Available Funds: Based on FY 2023 appropriated funding, the Agency 
estimates that approximately $60 million will be available for FY 2024.
    To combat a key threat to economic prosperity, rural workforce and 
quality of life, the Agency is directed to set aside 20% of the total 
available funds for FY 2024 for projects that seek to reduce the 
morbidity and mortality associated with substance use disorder 
(including opioid misuse) in rural communities by strengthening the 
capacity to address prevention, treatment and/or recovery at the 
community level.
    The total appropriated amount minus the determined set aside amount 
will be available for all eligible projects. RUS may at its discretion, 
increase the total level of funding available in this funding round 
from any available source provided the awards meet the requirements of 
the statute which made the funding available to the Agency.
    Award Amounts: Pursuant to 7 CFR 1734.24, the Administrator has 
established that the minimum grant amount of $50,000 and the maximum 
grant amount of $1,000,000 will be applied to this grant opportunity, 
if funds are appropriated.
    Anticipated Award Date: September 30, 2024.
    Performance Period: Three-year period, beginning the date funds are 
released.
    Renewal or Supplemental Awards: Although prior DLT grants cannot be 
renewed, existing DLT awardees can submit applications for new projects 
that are distinct from previously funded projects, either because they 
are for a completely separate purpose and technology or because they 
propose to serve a new service area, unassociated with prior funded 
service areas. Grant applications must be submitted during the 
application window.
    Type of Assistance Instrument: Grant Agreement.

C. Eligibility Information

    1. Eligible Applicants. Eligible applicants must meet the 
eligibility requirements of 7 CFR 1734.4.
    (a) Applicants must have a Unique Entity Identifier (UEI) and an 
active registration that includes the Financial Assistance 
Representations and Certifications and has current information in the 
System for Award Management (SAM) at: www.sam.gov. Further information 
regarding UEI acquisition and SAM registration can be found in Section 
D.3 of this document.
    (b) Corporations that have been convicted of a federal felony 
within the past 24 months are not eligible. Any corporation that has 
been assessed to have any unpaid federal tax liability, for which all 
judicial and administrative remedies have been exhausted or have lapsed 
and is not being paid in a timely manner pursuant to an agreement with 
the authority responsible for collecting the tax liability, is not 
eligible for financial assistance.
    (c) Applicants are required to provide evidence of their ability to 
contract with RUS to obtain the grant and comply with all applicable 
requirements, in accordance with 7 CFR 1734.4(a). It is incumbent on 
applicants to determine the appropriate entity to apply for the grant. 
Entities created by educational or medical institutions for the purpose 
of applying for and managing grants, such as university or hospital 
foundations, should not be applicants unless they can own and manage 
grant-funded equipment as required by the Grant Agreement and 
applicable regulations, including 2 CFR part 200. Accordingly, RUS will 
not transfer awards to another entity because the applicant has later 
determined that it cannot close the award, execute the standard Grant 
Agreement, which is publicly available, nor hold the grant assets in 
its name.
    2. Cost Sharing or Matching. The DLT program requires matching 
contributions for grants as outlined in 7 CFR 1734.22. The Application 
Guide located on the DLT website at www.rd.usda.gov/programs-services/telecommunications-programs/distance-learning-telemedicine-grants 
provides additional guidance for matching contributions.
    (a) Match Documentation. Grant applicants must demonstrate matching 
contributions, in cash or in kind (new or non-depreciated items), of at 
least 15 percent of the grant amount requested. Matching contributions 
must be used for approved purposes for grants (see 7 CFR 1734.21 and 
Section D.6 of this notice). Applications that do not provide 
sufficient documentation of the required 15 percent match will be 
deemed ineligible.
    (b) Discounts and Donations. A review of applications submitted in 
the past determined that vendor-donated matches did not have value 
without a required subsequent purchase of vendor equipment or licenses 
with grant funds. For example, in many grant applications, software 
licenses were donated in satisfaction of the matching requirement. 
However, such licenses only worked with, and thus only had value with, 
the same vendor's equipment. Additionally, by side agreement, grant 
applicants were required to purchase the vendor's equipment once the 
grant was made with grant funds. The Agency determined that such a 
practice violated federal procurement standards found at 2 CFR 200.317-
326, because the grant applicant did not put the purchase out for bid, 
either because no other equipment would work with the ``donated'' 
licenses, or because they were contractually obligated to buy the 
equipment before the grant was made. As such, the Agency has determined 
that vendor matches requiring subsequent purchases, either by necessity 
or contract, are not permitted.
    3. Other Eligibility Requirements.
    (a) The Application Guide provides additional information regarding 
eligible and ineligible items for equipment and facilities.
    (b) Grant applications that are written by vendors who are 
mentioned in the application as vendors to be used on the project to be 
funded by the DLT award are ineligible as a violation of the 
competition rules in 2 CFR 200.319. Such vendors are also prohibited 
from bidding on the project because of conflict of interest. 
Additionally, applicants must fully understand the procurement 
requirements of 2 CFR part 200, subpart D and 7 CFR part 1734 when 
compiling an application for submission and must avoid the use of 
predetermined equipment as a violation of the bidding requirements 
unless they have adequately demonstrated in the application that no 
other equipment is available for the intended purpose.
    (c) Projects located in areas covered by the Coastal Barrier 
Resources Act (16 U.S.C. 3501 et seq.) are not eligible for financial 
assistance from the DLT program. See 7 CFR 1734.23(a)(11).
    (d) If a DLT project proposes service on or over Tribal Lands and 
the applicant is non-Tribal, then a letter of consent is required from 
each Tribal

[[Page 14802]]

Council with jurisdiction over the Tribal Lands in question. However, 
if a DLT project proposes infrastructure construction or deployment on 
or over Tribal Lands, then a Tribal Resolution is required from each 
Tribal Government with jurisdiction over the Tribal Lands in question.

D. Application and Submission Information

    1. Address to Request Application Package. The Application Guide, 
copies of necessary forms, and resources are available at 
www.rd.usda.gov/programs-services/telecommunications-programs/distance-learning-telemedicine-grants. Application information is also available 
at www.grants.gov/. If you require alternative means of communication 
of program information (e.g., Braille, large print, audiotape, etc.) 
please contact the 711 Relay Service.
    2. Content and Form of Application Submission.
    (a) Application Completion. Carefully review 7 CFR part 1734, 
subparts A and B. A list of items for a complete application can be 
found at 7 CFR 1734.25. The Application Guide 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.
    (b) Description of Project Sites. Most DLT grant projects contain 
several project sites. The Agency provides a sample worksheet that is 
located within the Application Guide to help applicants clearly 
identify hub, hub/end-user, and end-user sites. As in prior DLT funding 
windows, site information must be consistent throughout the 
application. Applications without consistent site information will be 
returned as ineligible.
    (c) Submission of Application Items. Given the high volume of 
program interest, applicants should submit the application items in the 
order as indicated in the table below. Applications that are not 
assembled in the specified order prevent timely determination of 
eligibility.

------------------------------------------------------------------------
       Application item             Regulation            Comments
------------------------------------------------------------------------
SF-424 (Application for         7 CFR 1734.25(a).  Form provided through
 Federal Assistance Form).                          www.grants.gov.
Executive Summary of the        7 CFR 1734.25(b).  Narrative, including
 Project.                                           a publicly
                                                    releasable section
                                                    that describes the
                                                    population served.
Non-Duplication of Services...  7 CFR              Guidance provided in
                                 1734.25(b)(8).     the Application
                                                    Guide.
Scoring Criteria Documentation  7 CFR 1734.25(c).  Provide documentation
                                                    on how applicant
                                                    meets each of the
                                                    scoring criteria
                                                    (see 7 CFR 1734.26).
Scope of Work.................  7 CFR 1734.25(d).  Narrative and
                                                    documentation,
                                                    including the
                                                    budget.
Financial Information and       7 CFR 1734.25(e).  Narrative.
 Sustainability.
Statement of Experience.......  7 CFR 1734.25(f).  Narrative.
Funding Commitments from All    7 CFR 1734.25(g).  Worksheet and match
 Sources.                                           documentation
                                                    letters with
                                                    authorized
                                                    signatures.
Telecommunications System Plan  7 CFR 1734.25(h).  Documentation.
Compliance with other Federal   7 CFR 1734.25(i).  Addressed by
 Statutes.                                          providing Financial
                                                    Assistance
                                                    Representations and
                                                    Certifications in
                                                    www.SAM.gov.
Assurance Regarding Felony      7 CFR 1734.25(i).  Addressed by
 Conviction or Tax Delinquent                       providing Financial
 Status for Corporate                               Assistance
 Applicants.                                        Representations and
                                                    Certifications in
                                                    sam.gov/content/home home.
Environmental Review            7 CFR 1734.25(j).  Guidance provided in
 Requirements.                                      the Application
                                                    Guide.
Evidence of Legal Authority     7 CFR 1734.25(k).  Guidance provided in
 and Existence.                                     the Application
                                                    Guide.
Federal Debt Certification....  7 CFR 1734.25(l).  SF-424, Application
                                                    for Federal
                                                    Assistance.
Consultation with USDA State    7 CFR 1734.25(m).  Documentation.
 Director.
Supplemental Information......  7 CFR 1734.25(n).  Documentation.
------------------------------------------------------------------------

    3. System for Award Management and Unique Entity Identifier.
    (a) At the time of application, each applicant must have an active 
registration in the SAM before submitting its application in accordance 
with 2 CFR part 25. To register in the SAM, entities will be required 
to obtain a UEI. Instructions for obtaining the UEI are available at 
sam.gov/content/entity-registration.
    (b) Applicants must maintain an active SAM registration, with 
current, accurate and complete information, at all times during which 
it has an active federal award or an application under consideration by 
a federal awarding agency.
    (c) Applicants must ensure they complete the Financial Assistance 
General Certifications and Representations in the SAM.
    (d) Applicants must provide a valid UEI in its application, unless 
determined exempt under 2 CFR 25.110.
    (e) The Agency will not make an award until the applicant has 
complied with all the SAM requirements including providing the UEI. If 
an applicant has not fully complied with the requirements by the time 
the Agency is ready to make an award, the Agency may determine that the 
applicant is not qualified to receive a federal award and use that 
determination as a basis for making a federal award to another 
applicant.
    4. Submission Dates and Times.
    (a) Application Technical Assistance. Prior to official submission 
of applications, applicants may request technical assistance or other 
application guidance from the Agency, as long as such requests are made 
prior to April 15, 2024. Agency contact information can be found in FOR 
FURTHER INFORMATION CONTACT section of this notice.
    (b) Application Deadline Date. Applications must be submitted 
through www.grants.gov/ and received no later than April 29, 2024 to be 
eligible for funding under this grant opportunity.
    (c) Applications Received After Deadline Date. Late or incomplete 
applications will not be eligible for funding under this grant 
opportunity.
    The Agency will not solicit or consider new scoring or eligibility 
information that is submitted after the application deadline. The 
Agency reserves the right to contact applicants to seek clarification 
on materials contained in the submitted application.
    5. Intergovernmental Review. 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. 
Applicants should use the USDA Office of the Chief Financial Officer 
(OCFO), Intergovernmental Review website

[[Page 14803]]

(www.usda.gov/ocfo/federal-financial-assistance-policy/intergovernmental-review) instructions to contact the State Points of 
Contact (SPOC). Any comments obtained through the SPOC must be provided 
as part of the application process. Applications from federally 
recognized Indian Tribes are not subject to this requirement.
    6. Funding Restrictions.
    (a) Ineligible grant purposes are outlined in 7 CFR 1734.23. 
Applicants should exclude ineligible items and ineligible matching 
contributions from the budget. If an ineligible item or matching 
contribution is included in the budget, the item will be removed and 
may result in an application being deemed ineligible. See the 
Application Guide for more details on funding restrictions, matching 
contributions, a recommended budget format, and detailed budget 
compilation instructions.
    (1) If an application includes both eligible and ineligible grant 
purposes on a single line of the application budget, and the cost of 
the ineligible item can be determined, the ineligible item will be 
removed from the approved budget. However, the entire line item will be 
deemed ineligible if the cost of the ineligible item cannot be 
determined.
    (b) Hub sites located in non-rural areas are not eligible for grant 
assistance unless they are necessary to provide DLT services to rural 
residents at end user sites. See 7 CFR 1734.2(h).
    (c) For the purposes for this NOSA, the cost of video conferencing 
platform licenses is considered an eligible cost if:
    (1) The video conferencing platform is an integral component in a 
project delivering distance learning or telemedicine services to an end 
user through the use of eligible equipment;
    (2) The cost does not exceed ten percent of the requested grant 
amount;
    (3) The application demonstrates that the predominant use (50 
percent or more) of the video conferencing platform will be for the 
distance learning or telemedicine project;
    (4) The license is new and not a renewal of an existing license; 
and
    (5) The number of licenses requested does not exceed the number of 
end-user devices requested in the application.
    The duration of funding for video conferencing platform licenses is 
limited to three years from the date funds are made available.
    (d) If an application includes multiple costs on a single line of 
the application budget, one of which is subject to a cost limitation, 
as outlined in 7 CFR 1734.21, the items that are not subject to the 
cost limitation will be deducted when calculating the cost limitation 
percentage. However, the entire line item will be applied against the 
cost limitation if each cost cannot be determined.
    7. Other Submission Requirements.
    (a) Applications will not be accepted via paper, fax or electronic 
mail.
    (b) Submit the electronic application through www.grants.gov/. Do 
not send a paper copy to RUS. To increase the range of applicants that 
will be successful in FY 2024, only ONE application per applicant is 
eligible for approval.
    (c) For duplicate applications submitted through www.grants.gov, 
the Agency will base its evaluation on the last copy of the application 
submitted. If an applicant submits multiple applications for different 
projects, then the Agency will only consider the application with the 
highest score.
    (d) Grants.gov requires some credentialing and online 
authentication procedures. These procedures may take several business 
days to complete. Therefore, the applicant should complete the 
registration, credentialing, and authorization procedures at 
www.grants.gov/ before submitting an application. Instructions on all 
required passwords, credentialing, and software are available on 
www.grants.gov/. If system errors or technical difficulties occur, use 
the customer support resources available at the Grants.gov website.

E. Application Review Information

    1. Criteria. Grant applications are scored competitively and are 
subject to the criteria provided in 7 CFR 1734.26 and this notice, and 
further guidance on these criteria is provided in the Application 
Guide.
    (a) Rurality Category (up to 40 points). The rurality score is 
based on two factors:
    (1) the population size of each community where an end-user site is 
located and
    (2) whether an end-user site lies within an urbanized area 
contiguous and adjacent to a city or town having a population in excess 
of 50,000 inhabitants.
    For non-fixed site projects and projects which contain non-fixed 
components, the rurality score will be based on the hub site.
    Applicants should use 2020 census data from the census website 
(data.census.gov/cedsci/) as their source for population data. To 
determine if a site lies in any incorporated or unincorporated city, 
village, or borough having a population in excess of 20,000 inhabitants 
or an urbanized area contiguous and adjacent to a city or town having a 
population in excess of 50,000 inhabitants, applicants should check the 
site address, using the DLT mapping tool available at www.rd.usda.gov/programs-services/telecommunications-programs/distance-learning-telemedicine-grants. The Application Guide provides additional guidance 
for this category, including a worksheet to assist applicants in the 
calculation of their rurality scores.
    (b) Economic Need Category (up to 30 points). Economic need is 
based on the county poverty percentage of the end-user sites proposed 
in the application. The percentages must be determined by utilizing the 
United States Census Small Area Income and Poverty Estimates (SAIPE) 
program. Applicants can use the spreadsheet posted to the DLT program 
website to look up current SAIPE county-level data. End-user sites 
located in geographic areas, for which no SAIPE data exist, will be 
determined to have an average SAIPE poverty percentage of 30 percent. 
Such geographic areas may include territories of the United States or 
other locations eligible for funding through the DLT grant program.
    (c) Service Needs and Benefits Category (up to 30 points). This 
category measures the extent to which the proposed project meets the 
need for distance learning or telemedicine services in Rural Areas, the 
benefits derived from the proposed services, and the local community 
involvement in the planning, implementation, and financial assistance 
of the project. RUS will also consider the extent to which the 
applicant's documentation identifies the local economic, education, or 
health care challenges. The applicant must explain how the project 
proposes to address these issues and why the applicant cannot complete 
the project without a grant.
    (d) Special Consideration (up to 10 points). Special consideration 
points will be awarded for projects with at least one end-user site in 
the following areas. Applicants may only receive special consideration 
points in one area (up to 10 points):
    (1) Creating More and Better Markets (10 points). Projects that 
enable and improve distance learning and telemedicine services in Rural 
Areas to the most distressed tier of the Distressed Communities index 
are eligible for 10 points. The most distressed tier of the index are 
those communities with a score over 80. A list of Distressed 
Communities can be found at: www.rd.usda.gov/media/file/download/fy24distressedcommunityindexlist-.xlsx.
    (2) Projects advancing Racial Justice, Place-Based Equity, and 
Opportunity.

[[Page 14804]]

    (10 points). Projects that meet one of the criteria below will 
receive 10 points.
    (i) Projects proposing to serve rural communities with a Social 
Vulnerability Index (SVI) with a score of 0.75 or higher are eligible. 
For the purposes of this NOSA, Puerto Rico, Guam, America Samoa, the 
Northern Mariana Islands, Palau, the Marshall Islands, the Federated 
States of Micronesia, the U.S. Virgin Islands, and Hawaiian Census 
Tribal areas are considered Socially Vulnerable Communities. A GIS 
layer identifying the Socially Vulnerable Communities can be found 
using the DLT mapping tool available at: www.rd.usda.gov/programs-services/telecommunications-programs/distance-learning-telemedicine-grants.
    (ii) Projects that enable and improve distance learning and 
telemedicine services on Tribal Lands. Tribal Lands will be identified 
in GIS layers included in the DLT mapping tool available at: 
www.rd.usda.gov/programs-services/telecommunications-programs/distance-learning-telemedicine-grants.
    (iii) Projects proposed by a federally recognized Tribe, including 
Tribal instrumentalities and entities that are wholly owned by Tribes.
    2. Review and Selection Process. Grant applications are ranked by 
the final score. RUS selects applications based on those rankings, 
subject to the availability of funds. As noted in Section D.7. of this 
announcement, RUS will approve no more than one application per 
applicant. If an applicant submits more than one application for 
different projects, then the Agency will only consider the application 
with the highest score. If an applicant submits more than one 
application for the same project, then the Agency will only consider 
the latest submission. In addition, the Agency has the authority to 
limit the number of applications selected in any one state or for any 
one project during a fiscal year. See 7 CFR 1734.27 for a description 
of the grant application selection process. An application receiving 
fewer points can be selected over a higher scoring application in the 
event that there are insufficient funds available to cover the costs of 
the higher scoring application, as stated in 7 CFR 1734.27(b)(3).
    The Agency evaluates grant applications in accordance with 7 CFR 
1734.27(c). The Agency reserves the right to offer the applicant less 
than the grant funding requested.

F. Federal Award Administration Information

    1. Federal Award Notices. RUS notifies applicants whose projects 
are selected for awards by mailing or emailing a copy of an award 
letter. The receipt of an award letter does not authorize the applicant 
to commence performance under the award. After sending the award 
letter, the Agency will send an agreement that contains all the terms 
and conditions for the grant. An applicant must execute and return the 
grant agreement, accompanied by any additional items required by the 
agreement, within the number of days specified in the selection notice 
letter. The standard agreement is available on the https://www.rd.usda.gov/programs-services/telecommunications-programs/distance-learning-telemedicine-grants.
    2. Administrative and National Policy Requirements.
    The items listed in 7 CFR part 1734, this announcement, the 
Application Guide, and program resources implement the appropriate 
administrative and national policy requirements, which include but are 
not limited to:
    (a) Executing a DLT Grant Agreement.
    (b) Using Form SF 270, Request for Advance or Reimbursement, to 
request reimbursements (along with the submission of receipts for 
expenditures and any other documentation to support the request for 
reimbursement).
    (c) Submitting an annual Project Performance Activity Report, no 
later than January 31st of the year following the year in which all or 
any portion of the grant is first advanced and continuing in subsequent 
years until completion of the project.
    (d) Ensuring that records are maintained to document all activities 
and expenditures utilizing DLT grant funds and matching funds (receipts 
for expenditures are to be included in this documentation).
    (e) Providing a final project performance report, no later than one 
hundred twenty (120) days after the expiration date, termination of the 
grant, the project completion, or the final disbursement of the grant 
by the grantee, whichever event occurs last.
    (f) Complying with policies, guidance, and requirements as 
described in the following applicable Code of Federal Regulations, and 
any successor regulations:
    (1) 2 CFR parts 200 and 400 (Uniform Administrative Requirements, 
Cost Principles, and Audit Requirements for Federal Awards).
    (2) 2 CFR parts 417 and 180 (Government-wide Nonprocurement 
Debarment and Suspension).
    (g) Complying with Executive Order 13166, Improving Access to 
Services for Persons with Limited English Proficiency. For information 
on limited English proficiency and agency-specific guidance, go to 
www.LEP.gov.
    (h) Accountability and Compliance with Civil Rights Laws. The 
regulation found at 7 CFR part 1901, subpart E contains policies and 
procedures for implementing the regulations of the Department of 
Agriculture issued pursuant to Title VI of the Civil Rights Act of 
1964, Title VIII of the Civil Rights Act of 1968, Title IX, Section 504 
of the Rehabilitation Act of 1973, Executive Order 13166, Executive 
Order 11246, and the Equal Credit Opportunity Act of 1974, as they 
relate to the 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, tribal, 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, electronic media, public broadcasts, and printed 
materials, such as brochures and pamphlets.
    By completing the Financial Assistance Representations and 
Certifications in SAM, recipients affirm that they will operate the 
program free from discrimination. The recipient will maintain the race 
and ethnic data on the board members and beneficiaries of the program. 
The recipient will provide alternative forms of communication to 
persons with limited English proficiency. The Agency will conduct Civil 
Rights Compliance Reviews on recipients to identify the collection of 
racial and ethnic data on program beneficiaries. In addition, the 
compliance review will ensure that equal access to the program benefits 
and activities are provided for persons with disabilities and language 
barriers.
    3. Reporting.
    (a) Performance Reporting. All recipients of DLT financial 
assistance must provide annual performance activity reports to RUS 
until the project is complete and the funds are expended. A final 
performance report is also

[[Page 14805]]

required; the final report may serve as the last annual report. The 
final report must include an evaluation of the success of the project 
in meeting the DLT program objectives. See 7 CFR 1734.7 for additional 
information on these reporting requirements.
    (b) Annual Audit. All recipients of DLT financial assistance must 
provide an annual audit as follows:
    (1) Non-Federal Entities, which include recipients that are states, 
local governments, Indian tribes, institutions of higher education, or 
nonprofit organizations, shall provide RUS with an audit pursuant to 2 
CFR part 200, subpart F (Audit Requirements). The recipient must follow 
subsection 2 CFR 200.502 in determining federal awards expended. All 
RUS loans impose an ongoing compliance requirement for the purpose of 
determining federal awards expended during a fiscal year. In addition, 
the recipient must include the value of new federal loans made along 
with any grant expenditures from all federal sources during the 
recipient's fiscal year. Therefore, the audit submission requirement 
for this program begins in the recipient's fiscal year that the loan is 
made and thereafter, based on the balance of federal loan(s) at the 
beginning of the audit period. All required audits must be submitted 
within the earlier of: (i) 30 calendar days after receipt of the 
auditor's report; or (ii) nine months after the end of the recipient's 
audit period.
    (2) For all other entities, recipients shall provide RUS with an 
audit within 120 days after the as of audit date in accordance with 7 
CFR part 1773. With respect to grant funds, the audit is required until 
all grant funds have been expended or rescinded. While an audit is 
required, recipients must also submit the reports on internal control; 
compliance with provisions of laws, regulations, contracts and grant 
agreements; and instances of fraud.
    (c) Recipient and Sub-recipient Reporting. The applicant must have 
the necessary processes and systems in place to comply with the 
reporting requirements for first-tier sub-awards and executive 
compensation under the Federal Funding Accountability and Transparency 
Act of 2006 in the event the applicant receives funding unless such 
applicant is exempt from such reporting requirements pursuant to 2 CFR 
170.110(b). The reporting requirements under the Transparency Act 
pursuant to 2 CFR part 170 are as follows:
    (1) First Tier Sub-Awards of $25,000 or more (unless they are 
exempt under 2 CFR part 170) must be reported by the recipient to 
www.fsrs.gov no later than the end of the month following the month the 
obligation was made. Please note that currently underway is a 
consolidation of eight federal procurement systems, including the 
Federal Sub-award Reporting System (FSRS), into one system, SAM. As a 
result, the FSRS will soon be consolidated into and accessed through 
www.sam.gov.
    (2) The total compensation of the recipient's executives (the five 
most highly compensated executives) must be reported by the recipient 
(if the recipient meets the criteria under 2 CFR part 170) to 
www.sam.gov by the end of the month following the month in which the 
award was made.
    (3) The total compensation of the sub-recipient's executives (the 
five most highly compensated executives) must be reported by the sub-
recipient (if the sub- recipient meets the criteria under 2 CFR part 
170) to the recipient by the end of the month following the month in 
which the sub-award was made.
    (d) Record Keeping and Accounting. The agreement will contain 
provisions related to record keeping and accounting requirements.

G. Federal Awarding Agency Contacts

    For general questions about this announcement, please contact the 
point of contact provided in the FOR FURTHER INFORMATION CONTACT 
section of this notice.

H. Buy America

    With respect to any construction under the DLT project, Awardees 
that are 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 
Infrastructure Investment and Jobs Act (Pub. L. 117-58), and its 
implementing regulations at 2 CFR part 184. Any requests for waiver of 
these requirements must be submitted pursuant to USDA's guidance 
available online at www.usda.gov/ocfo/federal-financial-assistance-policy/USDABuyAmericaWaiver.

I. Other Information

    (a) Paperwork Reduction Act. In accordance with the Paperwork 
Reduction Act of 1995 (44 U.S.C. chapter 35), the information 
collection requirements associated with the programs, as covered in 
this notice, have been approved by the Office of Management and Budget 
(OMB) under OMB Control Number 0572-0096.
    (b) National Environmental Policy Act. All recipients under this 
notice are subject to the requirements of 7 CFR part 1970.
    (c) Federal Funding Accountability and Transparency Act. All 
applicants, in accordance with 2 CFR part 25, must be registered in the 
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.
    (d) Debarment and Suspension. Applicants are not eligible if they 
have been debarred or suspended or otherwise excluded from, or 
ineligible for, participation in Federal assistance programs under 2 
CFR parts 180 and 417. The Applicant will be required to comply with 
the requirements of 2 CFR 180.335.
    (e) 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 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.
    (f) Nondiscrimination Statement. In accordance with Federal civil 
rights laws and USDA civil rights regulations and policies, the USDA, 
its Mission Areas, agencies, staff offices, employees, and institutions 
participating in or administering USDA programs are prohibited from 
discriminating based on race, color, national origin, religion, sex, 
gender identity (including gender expression), sexual orientation, 
disability, age, marital status, family/parental status, income derived 
from a public assistance program, political beliefs, or reprisal or 
retaliation for prior civil rights activity, in any program or activity 
conducted or funded by USDA (not all bases apply to all programs). 
Remedies and complaint filing deadlines vary by program or incident.
    Program information may be made available in languages other than 
English. Persons with disabilities who require alternative means of 
communication to obtain program information (e.g., Braille, large 
print, audiotape, American Sign Language) should contact the 
responsible Mission Area, agency, or staff office; or the 711 Relay 
Service.
    To file a program discrimination complaint, a complainant should 
complete a Form AD-3027, USDA Program Discrimination Complaint

[[Page 14806]]

Form, which can be obtained online at www.usda.gov/sites/default/files/documents/ad-3027.pdf, or from any USDA office, by calling (866) 632-
9992, or by writing a letter addressed to USDA. The letter must contain 
the complainant's name, address, telephone number, and a written 
description of the alleged discriminatory action in sufficient detail 
to inform the Assistant Secretary for Civil Rights (ASCR) about the 
nature and date of an alleged civil rights violation. The completed AD-
3027 form or letter must be submitted to USDA by:

(1) Mail: U.S. Department of Agriculture, Office of the Assistant 
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 
20250-9410; or
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: [email protected]

    USDA is an equal opportunity provider, employer, and lender.

Andrew Berke,
Administrator, Rural Utilities Service, USDA Rural Development.
[FR Doc. 2024-04015 Filed 2-28-24; 8:45 am]
BILLING CODE 3410-15-P