[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Rules and Regulations]
[Pages 34955-34959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09447]


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DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service

Rural Housing Service

Rural Utilities Service

7 CFR Parts 1719, 1738, 1739, 1774, 1775, 3570, 4274, 4279, 4280, 
and 4288

[Docket Number: RHS-22-ADMIN-0025]


Rural Development Regulations With the Unique Entity Identifier 
(UEI) for Federal Awards

AGENCY: Rural Business-Cooperative Service, Rural Housing Service, 
Rural Utilities Service, USDA.

ACTION: Final rule.

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SUMMARY: The Rural Business-Cooperative Service (RBCS), Rural Housing 
Service (RHS), and Rural Utilities Services (RUS), agencies in the 
United States Department of Agriculture (USDA) Rural Development (RD) 
Mission area, are issuing a final rule to update RD program regulations 
by removing references to the Data Universal Numbering System (DUNS) 
numbers and replacing them with the new Unique Entity Identifier (UEI) 
as the primary means of identifying entities registered for Federal 
awards government-wide in the System for Award Management (SAM).

DATES: Effective date: May 1, 2024.

FOR FURTHER INFORMATION CONTACT: Lauren Cusick, Rural Development 
Innovation Center--Regulations Management Division, United States 
Department of Agriculture, 1400 Independence Avenue SW, South Building, 
Washington, DC 20250-1522. Telephone: (202) 720-1414. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    RD is a mission area within USDA comprised of RBCS, RHS, and RUS 
that strives to increase economic opportunity and improve the quality 
of life for all rural Americans. RD invests in rural America with loan, 
grant, and loan guarantee programs to help drive economic security and 
prosperity. These programs help expand access to high-speed internet, 
electric, telecommunications, and transportation infrastructure as well 
as support business growth, healthcare, education, housing, and other 
community essentials.
    In 2016, the Federal Government revised both the Federal 
Acquisition Regulation (FAR) and title 2 of the Code of Federal 
Regulations (CFR) to remove any proprietary references to the DUNS. On 
July 10, 2019, the General Services Administration (GSA) published a 
notice in the Federal Register at 84 FR 32916, announcing a public 
meeting that was held on July 25, 2019. During this meeting, GSA 
presented information on replacing the DUNS with a governmentwide UEI. 
A universal identifier is required under titles 2 and 48 of the CFR for 
all applicants (non-individuals), recipients, and subrecipients of 
Federal agency awards.
    On April 4, 2022, the universal identifier used across the Federal 
Government transitioned from using the DUNS number to the UEI, which is 
now the official identifier for doing business with the Federal 
Government. UEIs are required in accordance with 2 CFR part 25, and 
this transition has resulted in the UEI being issued by the Federal 
Government through SAM which is a government-wide registry for any 
entity doing business with the Federal Government, from securing 
Federal contracts to receiving Federal financial assistance. SAM 
centralizes information in conducting the acquisition and financial 
assistance which includes grants and cooperative agreements processes 
and provides a central location for Federal award recipients to change 
organizational information. The use of an UEI means entities no longer 
rely on a third party to obtain an identifier which has allowed the 
government to streamline the entity identification and validation 
process, making it easier and less burdensome for entities to do 
business with the Federal Government.
    The Administrative Procedures Act exempts from prior notice any 
actions ``relating to agency management or personnel or to public 
property, loans, grants, benefits, or contracts'' (5 U.S.C. 553(b)(A)): 
therefore, RD is issuing this action as a final rule.

II. Summary of Changes

    This final rule will update the remaining RBCS, RHS, and RUS 
regulations that are still using a DUNS number reference and replace it 
with the UEI. This change will make it clear that the UEI will be 
required, unless exempt, when applying for Federal awards from RD. The 
following is a summary, by regulation, of the changes made:
    1. 7 CFR part 1719. Section 1719.5(b)(2)(ii) was updated to replace 
the requirement for a DUNs number with the UEI.
    2. 7 CFR part 1738. Section 1738.202 was updated to remove 
paragraph (b) that addressed the DUNs number, the remaining paragraphs 
were redesignated, and the new paragraph (b) was updated to incorporate 
the UEI with the SAM registration information and the reference to a 
commercial and Government Entity (CAGE) code in paragraph (c) was 
removed as that is no longer required.
    3. 7 CFR part 1739. Section 1739.10 was updated to remove paragraph 
(c) that addressed the DUNs number, paragraph (d) was redesignated as 
paragraph (c) and the new paragraph (c)(1) was updated to incorporate 
the UEI with the SAM registration information.
    4. 7 CFR part 1774. Section 1774.2 was updated to remove the 
definition of

[[Page 34956]]

DUNS number and Sec.  1774.10(a) was updated to replace the DUNS number 
information with UEI.
    5. 7 CFR part 1775. Section 1775.2 was updated to remove the 
definition of DUNS number and Sec.  1775.10, paragraphs (b)(3) and (c) 
were updated to replace the DUNS number information with the UEI.
    6. 7 CFR part 3570. Section 3570.252 was updated to remove the 
definition of DUNS number and Sec.  3570.267(b) was updated to replace 
the DUNS number information with the UEI.
    7. 7 CFR part 4274. Section 4274.352(a)(4)(i) was updated to 
replace the DUNS number with the UEI.
    8. 7 CFR part 4279. The introductory text for Sec. Sec.  4279.161 
and 4279.261(i) were updated to replace the DUNS number with the UEI.
    9. 7 CFR part 4280. Section 4280.416(c)(3) was updated to replace 
the DUNS number with the UEI.
    10. 7 CFR part 4288. Section 4288.20(b) was updated to replace the 
DUNS number with the UEI.

III. Executive Orders

Paperwork Reduction Act

    This final rule contains no reporting or recordkeeping provisions 
requiring Office of Management and Budget (OMB) approval under the 
Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35).

E-Government Act Compliance

    RD is committed to the E-Government Act, which requires Government 
agencies in general to provide the public the option of submitting 
information or transacting business electronically to the maximum 
extent possible and to promote the use of the internet and other 
information technologies to provide increased opportunities for citizen 
access to Government information and services, and for other purposes.

Executive Order 12372--Intergovernmental Consultation

    This final rule is not subject to the requirements of Executive 
Order 12372, ``Intergovernmental Review of Federal Programs,'' as 
implemented under USDA's regulations at 2 CFR part 415, subpart C.

Executive Order 12866

    This final rule is exempt from OMB review for purposes of Executive 
Order 12866 and, therefore, has not been reviewed by OMB.

Executive Order 13132--Federalism

    The policies contained in this rule do not have any substantial 
direct effect on States, on the relationship between the National 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Nor does this 
rule impose substantial direct compliance costs on State and local 
governments. Therefore, consultation with the States is not required.

Congressional Review Act

    This rule is not subject to the Congressional Review Act (``CRA'') 
(5 U.S.C. 801 et seq.), as the CRA provides an exemption for any rule 
relating to agency management or personnel and for rules relating to 
agency organization, procedure, or practice that does not substantially 
affect the rights or obligations of non-agency parties.

Regulatory Flexibility Act Certification

    The Regulatory Flexibility Act (5 U.S.C. 601-602) (RFA) generally 
requires an agency to prepare a regulatory flexibility analysis of any 
rule subject to notice and comment rulemaking requirements under the 
Administrative Procedure Act (``APA'') or any other statute. The 
Administrative Procedures Act exempts from notice and comment 
requirements rules ``relating to agency management or personnel or to 
public property, loans, grants, benefits, or contracts'' (5 U.S.C. 
553(a)(2)), so therefore an analysis has not been prepared for this 
rule.

Unfunded Mandates Reform Act

    This final rule contains no Federal Mandates (under the regulatory 
provision of title II of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. chapter 25) for State, local, and tribal governments, or the 
private sector. Thus, this final rule is not subject to the 
requirements of sections 202 and 205 of the Unfunded Mandates Reform 
Act of 1995.

National Environmental Policy Act

    In accordance with the National Environmental Policy Act of 1969, 
Public Law 91-190, this final rule has been reviewed in accordance with 
7 CFR part 1970 (``Environmental Policies and Procedures''). The Agency 
has determined that: (i) This action meets the criteria established in 
7 CFR 1970.53(f); (ii) No extraordinary circumstances exist; and (iii) 
The action is not ``connected'' to other actions with potentially 
significant impacts, is not considered a ``cumulative action'' and is 
not precluded by 40 CFR 1506.1. Therefore, the Agency has determined 
that the action does not have a significant effect on the human 
environment, and therefore neither an Environmental Assessment nor an 
Environmental Impact Statement is required.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    This Executive order imposes requirements on RBCS, RHS and RUS (the 
Agencies) in the development of regulatory policies that have tribal 
implications or preempt tribal laws. The Agencies have determined that 
the final rule does not have a substantial direct effect on one or more 
Indian tribe(s) or on either the relationship or the distribution of 
powers and responsibilities between the Federal Government and Indian 
tribes. Thus, this final rule is not subject to the requirements of 
Executive Order 13175. If Tribal leaders are interested in consulting 
with the Agencies on this final rule, they are encouraged to contact 
USDA's Office of Tribal Relations or RD's Native American Coordinator 
at: [email protected] to request such a consultation.

Assistance Listing Number (Formally Known as the Catalog of Federal 
Domestic Assistance)

    The Assistance Listing Numbers assigned to the programs affected by 
this final rule are: 10.351--Rural Business Development Grants, 
10.751--Rural Energy Savings Program, 10.759--Special Evaluation 
Assistance for Rural Communities and Households, 10.761--Technical 
Assistance and Training Grants, 10.762--Solid Waste Management Grants, 
10.766--Community Facilities Training and Technical Assistance Grants, 
10.767 Intermediary Relending Program, 10.768--Business and Industry 
Loans, 10.863--Community Connect Grants, 10.865--Biorefinery Assistance 
Program, 10.867--Bioenergy Program for Advanced Biofuels, and 10.886--
Rural Broadband Access Loan and Loan Guarantee Program. The Assistance 
Listings are available at SAM.gov.

Civil Rights Impact Analysis

    RD has reviewed this final rule in accordance with USDA Regulation 
4300-4, Civil Rights Impact Analysis, to identify any major civil 
rights impacts the rule might have on program participants on the basis 
of age, race, color, national origin, sex, disability, marital or 
familial status. Based on the review and analysis of the rule and all 
available data, issuance of this final rule is not likely to negatively 
impact low and moderate-income populations, minority populations, 
women, Indian tribes or persons with disability, by

[[Page 34957]]

virtue of their age, race, color, national origin, sex, disability, or 
marital or familial status. No major civil rights impact is likely to 
result from this final rule.

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; 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 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:
    (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].

List of Subjects

7 CFR Part 1719

    Electric power, Grant programs--energy, Loan programs--energy, 
Reporting and recordkeeping requirements, Rural areas.

7 CFR Part 1738

    Loan programs--communications, Rural areas, Telecommunications, 
Telephone.

7 CFR Part 1739

    Grant programs--communications, Rural areas, Telecommunications, 
Telephone.

7 CFR Part 1774

    Community development, Grant programs, Reporting and recordkeeping 
requirements, Rural areas, Waste treatment and disposal, Water supply.

7 CFR Part 1775

    Business and industry, Community development, Community facilities, 
Grant programs--housing and community development, Reporting and 
recordkeeping requirements, Rural areas, Waste treatment and disposal, 
Water supply, Watersheds.

7 CFR Part 3570

    Administrative practice and procedure, Fair housing, Grant 
programs--housing and community development, Housing, Low and moderate 
income housing, Reporting and recordkeeping requirements, Rural areas.

7 CFR Part 4274

    Community development, Loan programs--business, Reporting and 
recordkeeping requirements, Rural areas.

7 CFR Part 4279

    Community development, Energy, Energy conservation, Fees, Grant 
programs, Loan programs--business, Loan programs--housing and community 
development, Renewable energy, Reporting and recordkeeping 
requirements, Rural areas.

7 CFR Part 4280

    Business and industry, Energy, Grant programs--business, Loan 
programs--business, Rural areas.

7 CFR Part 4288

    Administrative practice and procedure, Biobased products, Energy, 
Reporting and recordkeeping requirements.

    Accordingly, for the reasons set forth in the preamble, the Agency 
amends 7 CFR parts 1719, 1738, 1739, 1774, 1775, 3570, 4274, 4279, 4280 
and 4288 as follows:

PART 1719--RURAL ENERGY SAVINGS PROGRAM

0
1. The authority citation for part 1719 continues to read as follows:

    Authority:  7 U.S.C. 8107a (Section 6407).

Subpart B--Application, Submission and Administration of RESP Loans

0
2. Amend Sec.  1719.5 by revising paragraph (b)(2)(ii) to read as 
follows:


Sec.  1719.5  Application process and required information.

* * * * *
    (b) * * *
    (2) * * *
    (ii) The Applicant's tax identification number, SAM Managed 
Identifier (SAMMI), Unique Entity Identifier, and such similar 
information as it may be subsequently amended or required for Federal 
funding.
* * * * *

PART 1738--RURAL BROADBAND LOANS, LOAN/GRANT COMBINATIONS, AND LOAN 
GUARANTEES

0
3. The authority citation for part 1738 continues to read as follows:

    Authority: 7 U.S.C. 901 et seq.

Subpart E--Loan and Loan/Grant Combination Application Review and 
Underwriting

0
4. Amend Sec.  1738.202 by:
0
a. Removing paragraph (b);
0
b. Redesignating paragraphs (c) through (e) as paragraphs (b) through 
(d), respectively; and
0
c. Revising newly redesignated paragraph (b).
    The revision reads as follows:


Sec.  1738.202  Elements of a complete application.

* * * * *
    (b) SAM registration. Prior to submitting an application, all 
Applicants requesting loan/grant combination funds must register in the 
System for Award Management (SAM) at https://sam.gov/ and provide a 
Unique Entity Identifier as part of the application. SAM registration 
must be active with current data at all times, from the application 
review throughout the active Federal Award. To maintain the required 
registration in the SAM database, annual renewal is required with a 
review and update of all information. The Applicant must ensure that 
the information in the database is current, accurate, and complete.
* * * * *

[[Page 34958]]

PART 1739--BROADBAND GRANT PROGRAM

0
5. The authority citation for part 1739 continues to read as follows:

    Authority: 7 U.S.C. 901 et seq.

Subpart A--Community Connect Grant Program

0
6. Amend Sec.  1739.10 by:
0
a. Removing paragraph (c);
0
b. Redesignating paragraph (d) as paragraph (c); and
0
c. Revising newly redesignated paragraph (c)(1).
    The revision reads as follows:


Sec.  1739.10  Eligible applicant.

* * * * *
    (c) * * *
    (1) At the time of application, whether applying electronically or 
by paper, each applicant must have a Unique Entity Identifier (UEI) and 
an active registration in SAM before submitting its application in 
accordance with 2 CFR part 25. Instructions for obtaining the UEI are 
available at https://sam.gov/.
* * * * *

PART 1774--SPECIAL EVALUATION ASSISTANCE FOR RURAL COMMUNITIES AND 
HOUSEHOLDS PROGRAM (SEARCH)

0
7. The authority citation for part 1774 continues to read as follows:

    Authority: 7 U.S.C. 1926(a)(2)(C).

Subpart A--General Provisions


Sec.  1774.2  [Amended]

0
8. Amend Sec.  1774.2 by removing the definition of ``DUNS Number''.

Subpart B--Grant Application Processing

0
9. Amend Sec.  1774.10 by revising paragraph (a) introductory text to 
read as follows:


Sec.  1774.10  Applications.

    (a) To file an application, an organization must provide their 
Unique Entity Identifier (UEI) in accordance with 2 CFR part 25. 
Instructions for obtaining the UEI are available at https://sam.gov/. 
To file a complete application, the following should be submitted:
* * * * *

PART 1775--TECHNICAL ASSISTANCE GRANTS

0
10. The authority citation for part 1775 continues to read as follows:

    Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.

Subpart--A General Provisions


Sec.  1775.2  [Amended]

0
11. Amend Sec.  1775.2 by removing the definition of ``DUNS Number''.

Subpart B--Grant Application Processing

0
12. Amend Sec.  1775.10 by revising paragraphs (b)(3) and (c) 
introductory text to read as follows:


Sec.  1775.10  Applications.

* * * * *
    (b) * * *
    (3) Electronic applications will be accepted prior to the filing 
deadline through the Federal Government's eGrants website (Grants.gov) 
at https://www.grants.gov. Applicants should refer to instructions 
found on the Grants.gov website to submit an electronic application. A 
Unique Entity Identifier (UEI) from the System for Award Management and 
a Central Contractor Registry (CCR) registration is required prior to 
electronic submission. The sign-up procedures, required by Grants.gov, 
may take several business days to complete.
    (c) Application requirements. To file an application, an 
organization must provide their UEI in accordance with 2 CFR part 25. 
Instructions for obtaining the UEI are available at https://sam.gov/. 
To file a complete application, the following information should be 
submitted:
* * * * *

PART 3570--COMMUNITY PROGRAMS

0
13. The authority citation for part 3570 continues to read as follows:

    Authority: 5 U.S.C. 301; 7 U.S.C. 1989.

Subpart F--Community Facilities Technical Assistance and Training 
Grants


Sec.  3570.252  [Amended]

0
14. Amend Sec.  3570.252 by removing the definition of ``DUNS''.

0
15. Amend Sec.  3570.267 by revising paragraph (b) introductory text to 
read as follows:


Sec.  3570.267  Applications.

* * * * *
    (b) Application requirements. To file an application, an 
organization must provide their Unique Entity Identifier (UEI) in 
accordance with 2 CFR part 25. Instructions for obtaining the UEI are 
available at https://sam.gov/. To file a complete application the 
following information must be submitted:
* * * * *

PART 4274--DIRECT AND INSURED LOANMAKING

0
16. The authority citation for part 4274 continues to read as follows:

    Authority:  5 U.S.C. 301; 7 U.S.C. 1932 note; 7 U.S.C. 1989.

Subpart D--Intermediary Relending Program (IRP)

0
17. Amend Sec.  4274.352 by revising paragraph (a)(4)(i) to read as 
follows:


Sec.  4274.352  Loan documentation for ultimate recipients.

* * * * *
    (a) * * *
    (4) * * *
    (i) Name, address, Unique Entity Identifier, Federal ID number, and 
North American Classification System (NAICS) Code of the ultimate 
recipient;
* * * * *

PART 4279--GUARANTEED LOANMAKING

0
18. The authority citation for part 4279 continues to read as follows:

    Authority:  5 U.S.C. 301; 7 U.S.C. 1989; 7 U.S.C. 1932(a); and 
Public Law 116-136, Division B, Title I.

Subpart B--Business and Industry Loans

0
19. Amend Sec.  4279.161 by revising the introductory text to read as 
follows:


Sec.  4279.161  Filing preapplications and applications.

    Borrowers and lenders are encouraged to file preapplications and 
obtain Agency comments before completing an application. However, if 
they prefer, borrowers and lenders may file a complete application 
without filing a preapplication. The Agency will neither accept nor 
process preapplications and applications unless a lender has agreed to 
finance the proposal. For borrowers other than individuals, a Unique 
Entity Identifier (UEI) is required. Instructions for obtaining the UEI 
are available at https://sam.gov/. Guaranteed loans exceeding $600,000 
must be submitted under the requirements specified in paragraph (b) of 
this section. However, guaranteed loans of $600,000 and less may be 
submitted under the requirements of either paragraph (b) or (c) of this 
section.
* * * * *

[[Page 34959]]

Subpart C--Biorefinery, Renewable Chemical, and Biobased Product 
Manufacturing Assistance Loans

0
20. Amend Sec.  4279.261 by revising paragraph (i) to read as follows:


Sec.  4279.261  Application for loan guarantee content.

* * * * *
    (i) Unique Entity Identifier (UEI). For Borrowers other than 
individuals, a UEI, which can be obtained online at https://sam.gov/.
* * * * *

PART 4280--LOANS AND GRANTS

0
21. The authority citation for part 4280 continues to read as follows:

    Authority: 7 U.S.C. 1989(a), 7 U.S.C. 2008s.

Subpart E--Rural Business Development Grants

0
22. Amend Sec.  4280.416 by revising paragraph (c)(3) to read as 
follows:


Sec.  4280.416  Applicant eligibility.

* * * * *
    (c) * * *
    (3) Provide its Unique Entity Identifier (UEI) in each application 
it submits to the Agency. The UEI is included on the Standard Form (SF) 
424, ``Application for Federal Assistance.''
* * * * *

PART 4288--PAYMENT PROGRAMS

0
23. The authority citation for part 4288 continues to read as follows:

    Authority: 5 U.S.C. 301; 7 U.S.C. 1989.

Subpart A--Repowering Assistance Payments to Eligible Biorefineries

0
24. Amend Sec.  4288.20 by revising paragraph (b) introductory text to 
read as follows:


Sec.  4288.20  Submittal of applications.

* * * * *
    (b) Content and form of submission. Applicants must submit a signed 
original and one copy of an application containing the information 
specified in this section. The applicant must also furnish the Agency 
the required documentation identified in Form RD 4288-4, ``Repowering 
Assistance Program Application,'' to verify compliance with program 
provisions before acceptance into the program. Note that applicants are 
required to have a Unique Entity Identifier (UEI) (unless the applicant 
is an individual). Instructions for obtaining the UEI are available at 
https://sam.gov/. Applicants must submit to the Agency the documents 
specified in paragraphs (b)(1) through (6) of this section.
* * * * *

Basil I. Gooden,
Under Secretary, Rural Development, United States Department of 
Agriculture.
[FR Doc. 2024-09447 Filed 4-30-24; 8:45 am]
BILLING CODE 3410-XY-P