Notice of Funds Availability Under the American Recovery and Reinvestment Act, 2009, 36448-36455 [E9-17512]
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36448
Notices
Federal Register
Vol. 74, No. 140
Thursday, July 23, 2009
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
Palmer, AK 99645–6539, (907) 761–
7705/TDD (907) 761–8905.
Illinois
Arizona
USDA Rural Development State Office,
230 N. 1st Ave., Suite 206, Phoenix,
AZ 85003, (602) 280–8701/TDD (602)
280–8705.
USDA Rural Development State Office,
2118 West Park Court, Suite A,
Champaign, IL 61821, (217) 403–
6200/TDD (217) 403–6240.
Indiana
Arkansas
Iowa
Rural Housing Service
USDA Rural Development State Office,
700 West Capitol Avenue, Room 3416,
Little Rock, AR 72201–3225, (501)
301–3200/TDD (501) 301–3279.
USDA Rural Development State Office,
5975 Lakeside Boulevard,
Indianapolis, IN 46278, (317) 290–
3100/TDD (317) 290–3343.
Rural Business-Cooperative Service
California
Rural Utilities Service
USDA Rural Development State Office,
430 G Street, # 4169, Davis, CA
95616–4169, (530) 792–5800/TDD
(530) 792–5848.
USDA Rural Development State Office,
Federal Building, Room 873, 210
Walnut Street, Des Moines, IA 50309,
(515) 284–4663/TDD (515) 284–4858.
Kansas
DEPARTMENT OF AGRICULTURE
Notice of Funds Availability Under the
American Recovery and Reinvestment
Act, 2009
Rural Housing Service, Rural
Business-Cooperative Service, and Rural
Utilities Service, USDA.
ACTION: Notice.
AGENCIES:
SUMMARY: The Rural Housing Service
(RHS), Rural Business-Cooperative
Service (RBS), and Rural Utilities
Service (RUS) are administered through
USDA Rural Development (RD). This
Notice announces the availability of
stimulus assistance provided pursuant
to Title 1 of Division A of the American
Recovery and Reinvestment Act, 2009,
(Pub. L. 111–5) (February 17, 2009).
DATES: Unless otherwise specified in
this notice, applications will be
accepted on a rolling basis until funds
are expended. Program funding expires
September 30, 2010.
ADDRESSES: Entities wishing to apply for
assistance, or that are in need of further
information, should contact the USDA
Rural Development State Office in the
state where the project is located. A list
of the USDA Rural Development State
Offices addresses and telephone
numbers are as follows:
Note: Telephone numbers are not toll-free.
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Sterling Centre, Suite 601, 4121
Carmichael Road, Montgomery, AL
36106–3683, (334) 279–3400/TDD
(334) 279–3495.
USDA Rural Development State Office,
800 West Evergreen, Suite 201,
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Kentucky
Connecticut
USDA Rural Development State Office,
451 West Street, Suite 2, Amherst,
MA 01002–2999, (413) 253–4300/TDD
(413) 253–4590.
USDA Rural Development State Office,
771 Corporate Drive, Suite 200,
Lexington, KY 40503, (859) 224–7300/
TDD (859) 224–7422.
Louisiana
Delaware
USDA Rural Development State Office,
1221 College Park Drive, Suite 200,
Dover, DE 19904, (302) 857–3580/
TDD (302) 857–3585.
USDA Rural Development State Office,
3727 Government Street, Alexandria,
LA 71302, (318) 473–7921/TDD (318)
473–7655.
Maine
Florida
USDA Rural Development State Office,
4440 NW 25th Place, P.O. Box
147010, Gainesville, FL 32614–7010,
(352) 338–3400/TDD (352) 338–3499.
USDA Rural Development State Office,
967 Illinois Avenue, Suite 4, P.O. Box
405, Bangor, ME 04402–0405, (207)
990–9160/TDD (207) 942–7331.
Maryland
Georgia
USDA Rural Development State Office,
Stephens Federal Building, 355 E.
Hancock Avenue, Athens, GA 30601–
2768, (706) 546–2162/TDD (706) 546–
2034.
USDA Rural Development State Office,
1221 College Park Drive, Suite 200,
Dover, DE 19904, (302) 857–3580/
TDD (302) 857–3585.
Massachusetts
Hawaii
Idaho
Alaska
15:01 Jul 22, 2009
USDA Rural Development State Office,
655 Parfet Street, Room E–100,
Lakewood, CO 80215, (720) 544–
2903/TDD (720) 544–2976.
USDA Rural Development State Office,
1303 S.W. First American Place, Suite
100, Topeka, KS 66604–4040, (785)
271–2700/TDD (785) 271–2767.
USDA Rural Development State Office,
Federal Building, Room 311, 154
Waianuenue Avenue, Hilo, HI 96720,
(808) 933–8380/TDD (808) 933–8321.
Alabama
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Colorado
USDA Rural Development State Office,
9173 West Barnes Dr., Suite A1,
Boise, ID 83709, (208) 378–5600/TDD
(208) 378–5644.
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USDA Rural Development State Office,
451 West Street, Suite 2, Amherst,
MA 01002–2999, (413) 253–4300/TDD
(413) 253–4590.
Michigan
USDA Rural Development State Office,
3001 Coolidge Road, Suite 200, East
Lansing, MI 48823, (517) 324–5190/
TDD (517) 324–5169.
Minnesota
USDA Rural Development State Office,
375 Jackson Street, Suite 410, St. Paul,
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MN 55101–1853, (651) 602–7800/TDD
(651) 602–3799.
Mississippi
USDA Rural Development State Office,
Federal Building, Suite 831, 100 W.
Capitol Street, Jackson, MS 39269,
(601) 965–4316/TDD (601) 965–5850.
Missouri
USDA Rural Development State Office,
601 Business Loop 70 West, Parkade
Center, Suite 235, Columbia, MO
65203, (573) 876–0976/TDD (573)
876–9480.
Montana
USDA Rural Development State Office,
900 Technology Boulevard, Suite B,
P.O. Box 850, Bozeman, MT 59771,
(406) 585–2580/TDD (406) 585–2562.
Nebraska
USDA Rural Development State Office,
Federal Building, Room 152, 100
Centennial Mall North, Lincoln, NE
68508, (402) 437–5551/TDD (402)
437–5093.
Nevada
USDA Rural Development State Office,
1390 South Curry Street, Carson City,
NV 89703–5146, (775) 887–1222/TDD
(775) 885–0633.
New Hampshire
USDA Rural Development State Office,
City Center, 3rd Floor, 89 Main Street,
Montpelier, VT 05602, (802) 828–
6000/TDD (802) 223–6365.
New Jersey
USDA Rural Development State Office,
8000 Midlantic Drive, 5th Floor
North, Suite 500, Mt. Laurel, NJ
08054, (856) 787–7700/TDD (856)
787–7784.
New Mexico
USDA Rural Development State Office,
6200 Jefferson Street, NE., Room 255,
Albuquerque, NM 87109, (505) 761–
4950/TDD (505) 761–4938.
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New York
USDA Rural Development State Office,
The Galleries of Syracuse, 441 South
Salina Street, Suite 357, Syracuse, NY
13202–2541, (315) 477–6400/TDD
(315) 477–6447.
Rosser, P.O. Box 1737, Bismarck, ND
58502–1737, (701) 530–2037/TDD
(701) 530–2113.
Ohio
USDA Rural Development State Office,
Federal Building, Room 507, 200
North High Street, Columbus, OH
43215–2418, (614) 255–2400/TDD
(614) 255–2554.
Oklahoma
USDA Rural Development State Office,
100 USDA, Suite 108, Stillwater, OK
74074–2654, (405) 742–1000/TDD
(405) 742–1007.
Oregon
USDA Rural Development State Office,
1201 NE. Lloyd Blvd., Suite 801,
Portland, OR 97232, (503) 414–3300/
TDD (503) 414–3387.
Pennsylvania
USDA Rural Development State Office,
One Credit Union Place, Suite 330,
Harrisburg, PA 17110–2996, (717)
237–2299/TDD (717) 237–2261.
Puerto Rico
USDA Rural Development State Office,
IBM Building, Suite 601, 654 Munos
Rivera Avenue, San Juan, PR 00918–
6106, (787) 766–5095/TDD (787) 766–
5332.
Rhode Island
USDA Rural Development State Office,
451 West Street, Suite 2, Amherst,
MA 01002–2999, (413) 253–4300/TDD
(413) 253–4590.
South Carolina
USDA Rural Development State Office,
Strom Thurmond Federal Building,
1835 Assembly Street, Room 1007,
Columbia, SC 29201, (803) 765–5163/
TDD (803) 765–5697.
South Dakota
USDA Rural Development State Office,
Federal Building, Room 210, 200
Fourth Street, SW., Huron, SD 57350,
(605) 352–1100/TDD (605) 352–1147.
Tennessee
USDA Rural Development State Office,
3322 West End Avenue, Suite 300,
Nashville, TN 37203–1084, (615) 783–
1300.
North Carolina
USDA Rural Development State Office,
4405 Bland Road, Suite 260, Raleigh,
NC 27609, (919) 873–2000/TDD (919)
873–2003.
Texas
USDA Rural Development State Office,
Federal Building, Suite 102, 101
South Main, Temple, TX 76501, (254)
742–9700/TDD (254) 742–9712.
North Dakota
USDA Rural Development State Office,
Federal Building, Room 208, 220 East
Utah
USDA Rural Development State Office,
Wallace F. Bennett Federal Building,
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125 South State Street, Room 4311,
Salt Lake City, UT 84138, (801) 524–
4320/TDD (801) 524–3309.
Vermont
USDA Rural Development State Office,
City Center, 3rd Floor, 89 Main Street,
Montpelier, VT 05602, (802) 828–
6000/TDD (802) 223–6365.
Virginia
USDA Rural Development State Office,
1606 Santa Rosa Road, Suite 238,
Richmond, VA 23229–5014, (804)
287–1550/TDD (804) 287–1753.
Virgin Islands
USDA Rural Development State Office,
4440 NW. 25th Place, P.O. Box
147010, Gainesville, FL 32614–7010,
(352) 338–3400/TDD (352) 338–3499.
Washington
USDA Rural Development State Office,
1835 Black Lake Boulevard SW., Suite
B, Olympia, WA 98512–5715, (360)
704–7740/TDD (360) 704–7760.
West Virginia
USDA Rural Development State Office,
75 High Street, Room 320,
Morgantown, WV 26505–7500, (304)
284–4860/TDD (304) 284–4836.
Wisconsin
USDA Rural Development State Office,
4949 Kirschling Court, Stevens Point,
WI 54481, (715) 345–7600/TDD (715)
345–7614.
Wyoming
USDA Rural Development State Office,
100 East B, Federal Building, Room
1005, P.O. Box 11005, Casper, WY
82602–5006, (307) 233–6700/TDD
(307) 233–6733.
FOR FURTHER INFORMATION CONTACT: For
information and application assistance
contact the appropriate Rural
Development State Office listed in the
ADDRESSES section of this Notice.
For information regarding Housing
and Community Facilities Programs:
Community Facilities, Anita Outen,
Loan Specialist, at 202–720–1497, or
Susan Woolard, Loan Specialist, at 202–
720–1506; and Single Family Program,
Myron Wooden, Loan Specialist, at 202–
720–4780.
For further information regarding
Business Programs, contact: Fred
Kieferle, Business and Industry (B&I)
Guaranteed Loan Program, at 202–720–
7818, e-mail:
fred.kieferle@wdc.usda.gov, Cindy
Mason, Rural Business Enterprise Grant
(RBEG), at 202–690–1433, e-mail:
cindy.mason@wdc.usda.gov.
For information regarding Water and
Environmental Programs’ Direct Loan,
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Guaranteed Loan, and Grant programs,
contact: Gayle Auman, Loan Specialist,
at 334–279–3620, e-mail: gayle.auman@
wdc.usda.gov.
SUPPLEMENTARY INFORMATION:
Background: The Rural Development
Mission Area agencies (RHS, RUS, and
RBS of the United States Department of
Agriculture) provide a wide variety of
grant, loan, and loan guarantee
assistance to rural residents, rural
communities, and rural utility systems.
The eligibility criteria for each of the
programs differ widely.
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995, USDA Rural
Development has submitted a new
information collection to OMB for
emergency review and approval of the
reporting and recordkeeping
requirements contained in this Notice.
The programs being impacted already
have information collection packages in
place. Therefore, the burden in this new
package is solely based on the
additional burden hours being generated
by the American Recovery and
Reinvestment Act of 2009. The
breakdown is as follows:
(OMB No. 0572–0121) 7 CFR Part
1780, Water and Waste Loan and Grant
Program
Estimate Burden Increase: 78,111
hours.
(OMB No. 0570–0022) 7 CFR Part
1942–G, Rural Business Enterprise
Grants and Television Demonstration
Grants.
Estimated Burden Increase: 19,189
hours.
(OMB No. 0575–0173) 7 CFR 3570–B,
Community Facilities Grant Program.
Estimated Burden Increase: 3,102
hours.
(OMB No. 0575–0015) 7 CFR 1942–A,
Community Facility Loans.
Estimated Burden Increase: 70,560
hours.
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(OMB No. 0575–0120) 7 CFR Part
1942–C, ‘‘Fire and Rescue Loans’’.
Estimated Burden Increase: 7,512
hours.
(OMB No. 0575–0172) Direct Single
Family Housing Loan and Grant
Programs, 7 CFR Part 3550–HB–1–3550,
and HB–2–3550.
Estimated Burden Increase: 39,198
hours.
(OMB No. 0575–0078) 7 CFR Part
1980–D, Rural Housing Loans.
Estimated Burden Increase: 106,878
hours.
Reporting and Registration
Requirement under Section 1512 of the
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American Recovery and Reinvestment
Act of 2009, Public Law 111–5:
(a) This award requires the recipient
to complete projects or activities which
are funded under the American
Recovery and Reinvestment Act of 2009
(‘‘Recovery Act’’) and to report on use
of Recovery Act funds provided through
this award. Information from these
reports will be made available to the
public.
(b) The first report is due no later than
ten calendar days after the initial
calendar quarter in which the recipient
receives the assistance award funded in
whole or in part by the Recovery Act,
or by October 10, 2009. Thereafter,
reports shall be submitted no later than
the 10th day after the end of each
calendar quarter.
(c) Recipients and their first-tier
recipients must maintain current
registrations in the Central Contractor
Registration (https://www.ccr.gov) at all
times during which they have active
federal awards funded with Recovery
Act funds. A Data Universal Numbering
System (DUNS) Number is one of the
requirements for registration in the
Central Contractor Registration.
(d) The recipient shall report the
information described in section 1512(c)
using the reporting instructions and
data elements that will be provided
online at https://
www.FederalReporting.gov, unless the
information is pre-populated.
I. American Recovery and
Reinvestment Act (Recovery Act), 2009
A. Affected Programs
The following programs are subject to
the provisions of Executive Order 12372
which requires intergovernmental
consultation with State and local
officials, pursuant to 7 CFR 3015.302.
These programs or activities are listed in
the Catalog of Federal Domestic
Assistance (CDFA) under numbers:
10.780 Community Facilities Loans and
Grants
10.788 Single Family Housing Direct Loans
10.789 Single Family Housing Guaranteed
Loans
10.782 Business and Industry Guaranteed
Loans
10.783 Rural Business Enterprise Grants
10.781 Water and Waste Loans and Grants
10.886 Broadband Loans and Grants
B. Definitions
‘‘Agency’’—The Rural Housing
Service, Rural Utilities Service and
Rural Business-Cooperative Service or
the successors for the programs it
administers.
‘‘Persistent poverty counties’’—Any
county that has had twenty percent or
more of its population living in poverty
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for the past thirty years, as measured by
the 1980, 1990, 2000 decennial census
information.
‘‘Recipient’’—Any entity that receives
Recovery Funds directly from the
Federal Government (including
Recovery Funds received through loan,
grant, or contract) other than an
individual and includes a State that
receives Recovery Funds.
‘‘Recovery Act’’—Refers to Title 1 of
Division A of the American Recovery
and Reinvestment Act, 2009, (Pub. L.
111–5) (February 17, 2009).
‘‘Recovery Funds’’—Any funds that
are available from appropriations made
under the Recovery Act.
C. General Provisions
1. Preference for Quick-Start Activities
In using the funds made available in
the Recovery Act for infrastructure
investment, the Agencies shall give
preference to activities that can be
started and completed expeditiously,
including a goal of using at least 50
percent of the funds for activities that
can be initiated not later than 120 days
after the date of enactment of the
Recovery Act. Recipients shall also use
grant funds in a manner that maximizes
job creation and economic benefit.
Agencies may use these funds for a
backlog of applications on hand as well
as new applications. For Water and
Environment and Community Facilities
programs, those new applications that
are submitted in a timely manner
complete with Preliminary Engineering
Review (PER), Environmental Report
(ER), and current financial data will be
accelerated in the process.
2. Period of Availability
All funds appropriated in the
Recovery Act are available for obligation
no later than September 30, 2010.
Funding provided through the Recovery
Act is one-time funding.
3. Buy American
None of the funds made available by
the Recovery Act may be used for a
project for the construction, alteration,
maintenance, or repair of a public
building or public work unless all of the
iron, steel and manufactured goods used
in the project are produced in the
United States unless USDA Rural
Development waives the application of
this provision. Since only Community
Facilities (CF) and Water and
Environmental Programs (WEP) are
involved in the construction, alteration,
maintenance, or repair of public
building and public works, the Buy
American provisions are only applicable
to CF and WEP. (Recovery Act Sec.
1605)
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If the applicant’s requested use of
Recovery Act funds involves the
construction, alteration, maintenance, or
repair of a public building or public
work, and does not involve iron, steel,
and or manufactured goods covered
under international agreements, the
following is applicable:
Notice of Required Use of American
Iron, Steel, and Manufactured Goods—
Section 1605 of the American Recovery
and Reinvestment Act, 2009
(a) Definitions. Manufactured good,
public building and public work, and
steel, as used in this notice, are defined
in 2 CFR 176.140.
(b) Requests for determinations of
inapplicability. A prospective applicant
requesting a determination regarding the
inapplicability of Section 1605 of the
American Recovery and Reinvestment
Act of 2009 (Pub. L. 111–5) (Recovery
Act) should submit the request to the
award official in time to allow a
determination before submission of
applications or proposals. The
prospective applicant shall include the
information and applicable supporting
data required by 2 CFR 176.140(c) and
(d) in the request. If an applicant has not
requested a determination regarding the
inapplicability of Section 1605 of the
Recovery Act before submitting its
application or proposal, or has not
received a response to a previous
request, the applicant shall include the
information and supporting data in the
application or proposal.
(c) Evaluation of project proposals. If
the Federal government determines that
an exception based on unreasonable
cost of domestic iron, steel, and/or
manufactured goods applies, the Federal
Government will evaluate a project
requesting exception to the
requirements of Section 1605 of the
Recovery Act by adding to the estimated
total cost of the project 25 percent of the
project cost, if foreign iron, steel, or
manufactured goods are used in the
project based on unreasonable cost of
comparable manufactured domestic
iron, steel, and/or manufactured goods.
(d) Alternate project proposals.
(1) When a project proposal includes
foreign iron, steel, and/or manufactured
goods not listed by the Federal
Government at 2 CFR 176.140(b)(2), the
applicant also may submit an alternate
proposal based on use of equivalent
domestic iron, steel, and/or
manufactured goods.
(2) If an alternate proposal is
submitted, the applicant shall submit a
separate cost comparison table prepared
in accordance with 2 CFR 176.140(c)
and (d) for the proposal that is based on
the use of any foreign iron, steel, and/
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or manufactured goods for which the
Federal Government has not yet
determined an exception applies.
(3) If the Federal Government
determines that a particular exception
requested in accordance with 2 CFR
176.140(b) does not apply, the Federal
Government will evaluate only those
proposals based on use of the equivalent
domestic iron, steel, and/or
manufactured goods, and the applicant
shall be required to furnish such
domestic items.
If the applicant’s requested use of
Recovery Act funds involves the
construction, alteration, maintenance, or
repair of a public building or public
work, and involves iron, steel, and/or
manufactured goods covered under
international agreements, the following
is applicable:
Notice of Required Use of American
Iron, Steel, and Manufactured Goods
(Covered Under International
Agreements)—Section 1605 of the
American Recovery and Reinvestment
Act, 2009
(a) Definitions. Designated country
iron, steel, and/or manufactured goods,
foreign iron, steel, and/or manufactured
good, manufactured good, public
building and public work, and steel, as
used in this provision, are defined in 2
CFR 176.160(a).
(b) Requests for determinations of
inapplicability. A prospective applicant
requesting a determination regarding the
inapplicability of Section 1605 of the
American Recovery and Reinvestment
Act of 2009 (Pub. L. 111–5) (Recovery
Act) should submit the request to the
award official in time to allow a
determination before submission of
applications or proposals. The
prospective applicant shall include the
information and applicable supporting
data required by 2 CFR 176.160(c) and
(d) in the request. If an applicant has not
requested a determination regarding the
inapplicability of 1605 of the Recovery
Act before submitting its application or
proposal, or has not received a response
to a previous request, the applicant shall
include the information and supporting
data in the application or proposal.
(c) Evaluation of project proposals. If
the Federal Government determines that
an exception based on unreasonable
cost of domestic iron, steel, and/or
manufactured goods applies, the Federal
Government will evaluate a project
requesting exception to the
requirements of section 1605 of the
Recovery Act by adding to the estimated
total cost of the project 25 percent of the
project cost if foreign iron, steel, or
manufactured goods are used based on
unreasonable cost of comparable
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36451
domestic iron, steel, or manufactured
goods.
(d) Alternate project proposals.
(1) When a project proposal includes
foreign iron, steel, and/or manufactured
goods, other than designated country
iron, steel, and/or manufactured goods,
that are not listed by the Federal
Government in this Buy American
notice in the request for applications or
proposals, the applicant may submit an
alternate proposal based on use of
equivalent domestic or designated
country iron, steel, and/or manufactured
goods.
(2) If an alternate proposal is
submitted, the applicant shall submit a
separate cost comparison table prepared
in accordance with 2 CFR 176.160(c)
and (d) for the proposal that is based on
the use of any foreign iron, steel, and/
or manufactured goods for which the
Federal Government has not yet
determined an exception applies.
(3) If the Federal Government
determines that a particular exception
requested in accordance with 2 CFR
176.160(b) does not apply, the Federal
Government will evaluate only those
proposals based on use of the equivalent
domestic or designated country iron,
steel, and/or manufactured goods and
the applicant shall be required to
furnish such domestic or designated
country items.
4. Wage-Rate Requirements
All laborers and mechanics employed
by contractors and subcontractors on
projects funded directly by or assisted
in whole or in part by and through the
Federal Government pursuant to the
Recovery Act shall be paid wages at
rates not less than those prevailing on
projects of a character similar in the
locality as determined by the Secretary
of Labor in accordance with subchapter
IV of chapter 31 of 40 U.S.C. In this
regard, the award will contain the
following provision:
Wage Rate Requirements Under Section
1606 of the American Recovery and
Reinvestment Act, 2009
(a) Section 1606 of the Recovery Act
requires that all laborers and mechanics
employed by contractors and
subcontractors on projects funded
directly by or assisted in whole or in
part by and through the Federal
Government pursuant to the Recovery
Act shall be paid wages at rates not less
than those prevailing on projects of a
character similar in the locality as
determined by the Secretary of Labor in
accordance with subchapter IV of
chapter 31 of 40 U.S.C.
Pursuant to Reorganization Plan No.
14 and the Copeland Act, 40 U.S.C.
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3145, the Department of Labor has
issued regulations at 29 CFR Parts 1, 3,
and 5 to implement the Davis-Bacon
and related Acts. Regulations in 29 CFR
5.5 instruct agencies concerning
application of the standard Davis-Bacon
contract clauses set forth in that section.
Federal agencies providing grants,
cooperative agreements, and loans
under the Recovery Act shall ensure
that the standard Davis-Bacon contract
clauses found in 29 CFR 5.5(a) are
incorporated in any resultant covered
contracts that are in excess of $2,000 for
construction, alteration and/or repair
(including painting and decorating).
(b) For additional guidance on the
wage rate requirements of section 1606,
contact your awarding agency.
Recipients of grants, cooperative
agreements and loans should direct
their initial inquiries concerning the
application of Davis-Bacon
requirements to a particular federally
assisted project to the Federal agency
funding the project. The Secretary of
Labor retains final coverage authority
under Reorganization Plan No. 14.
5. National Environmental Policy Act of
1969
Implementation of the Recovery Act
will utilize existing environmental
review compliance requirements in
accordance with its statutory and
regulatory obligations. The Agency’s
respective environmental policies and
procedures are codified in 7 CFR Part
1940, Subpart G and 7 CFR Part 1794 as
applicable. All relevant environmental
compliance requirements are integrated
in the above regulations, including the
National Environmental Policy Act,
National Historic Preservation Act and
Endangered Species Act compliance
processes.
All program applicants are required to
integrate environmental factors, along
with other technical and financial
considerations, into early project
planning and design. The
environmental review process must be
completed, including all public notice
requirements prior to funding any
proposals.
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6. Accountability and Transparency and
Responsibility for Informing SubRecipients
Recipients and their sub-recipients
must maintain current registrations in
the Central Contractor Registration
(https://www.ccr.gov) at all times for
which they have active Federal awards
funded with Recovery Act funds. A Dun
and Bradstreet Data Universal
Numbering System (DUNS) Number
(https://www.dnb.com/us/) is one of the
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Jkt 217001
requirements for registration in the
Central Contractor Registration.
All awards will contain the following
tracking and documenting requirements:
Recovery Act Transactions Listed in
Schedule of Expenditures of Federal
Awards and Recipient Responsibilities
for Informing Sub-Recipients
(a) To maximize the transparency and
accountability of funds authorized
under the Recovery Act as required by
Congress and in accordance with 2 CFR
215, subpart 21 and OMB Circular A–
102 Common Rules provisions,
recipients agree to maintain records that
identify adequately the source and
application of Recovery Act funds.
(b) For recipients covered by the
Single Audit Act Amendments of 1996
and OMB Circular A–133, ‘‘Audits of
States, Local Governments, and NonProfit Organizations,’’ recipients agree
to separately identify the expenditures
for Federal awards under the Recovery
Act on the Schedule of Expenditures of
Federal Awards (SEFA) and the Data
Collection Form (SF–SAC) required by
OMB Circular A–133. This shall be
accomplished by identifying
expenditures for Federal awards made
the under Recovery Act separately on
the SEFA, and as separate rows under
Item 9 of Part III on the SF–SAC by
CFDA number, and inclusion of the
prefix ‘‘ARRA’’ in identifying the name
of the Federal program on the SEFA and
as the first characters in Item 9d of Part
III on the SF–SAC.
(c) Recipients agree to separately
identify to each sub-recipient and
document at the time of sub-award and
at the time of disbursement of funds, the
Federal award number, CFDA number,
and amount of Recovery Act funds.
When a recipient awards Recovery Act
funds for an existing program, the
information furnished to sub-recipients
shall distinguish the sub-awards of
incremental Recovery Act funds from
regular sub-awards under the existing
program.
(d) Recipients agree to require their
sub-recipients to include their SEFA
information to specifically identify
Recovery Act funding similar to the
requirements for the recipient SEFA
described above. This information is
needed to allow the recipient to
properly monitor sub-recipient
expenditure of Recovery Act funds as
well as oversight by the Federal
awarding agencies, Offices of Inspector
General and the Government
Accountability Office.
Pursuant to section 1511 of the
Recovery Act:
With respect to these funds made
available to State or local governments
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for infrastructure investments, the
Governor, mayor, or other chief
executive, as appropriate, shall certify
that the infrastructure investment has
received the full review and vetting
required by law and that the chief
executive accepts responsibility that the
infrastructure investment is an
appropriate use of taxpayer dollars.
Such certification shall include a
description of the investment, the
estimated total cost, and the amount of
these funds to be used, and shall be
posted on the Recovery.gov Web site at
https://www.recovery.gov. A State or
local agency may not receive
infrastructure investment funding from
funds made available in the Recovery
Act unless this certification is made and
posted.
7. Reporting on Use of the Recovery
Funds
Recipients of Federal awards from
funds authorized under the Recovery
Act must comply with all reporting
requirements outlined in Section 1512
of the Recovery Act. For purposes of
reporting, recipients of recovery funds
from RD must report on sub-recipient
activities as specified below. Not later
than 10 days after the end of each
calendar quarter, starting with the
quarter ending June 30, 2009, and
reporting by July 10, 2009, the recipient
must submit a report to the appropriate
Agency that will be posted to
Recovery.gov. Each award will contain
the following reporting requirement:
Reporting and Registration
Requirements Under Section 1512 of
the American Recovery and
Reinvestment Act, 2009
(a) This award requires the recipient
to complete projects or activities which
are funded under the Recovery Act and
to report on use of Recovery Act funds
provided through this award.
Information from these reports will be
made available to the public.
(b) The reports are due no later than
ten calendar days after each calendar
quarter in which the recipient receives
the assistance award funded in whole or
in part by the Recovery Act.
(c) Recipients and their sub-recipients
must maintain current registrations in
the Central Contractor Registration
(https://www.ccr.gov) at all times during
which they have active Federal awards
funded with Recovery Act funds. A Dun
and Bradstreet Data Universal
Numbering System (DUNS) Number
(https://www.dnb.com/us/) is one of the
requirements for registration in the
Central Contractor Registration.
(d) The recipient shall report the
information described in Section
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1512(c) of the Recovery Act, the
reporting instructions and data elements
that will be provided online at https://
www.FederalReporting.gov, and ensure
that any information that is pre-filled is
corrected or updated as needed.
8. Priority
For Water and Environment,
Community Facilities, and Rural
Business programs, 10 percent of
funding shall be allocated for assistance
in persistent poverty counties.
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9. Whistleblower Protection
Each recipient or sub-recipient
awarded funds made available under
the Recovery Act shall promptly refer to
the USDA Office of Inspector General,
any credible evidence that a principal,
employee, agent, contractor, subrecipient, subcontractor, or other person
has submitted a false claim under the
False Claims Act or has committed a
criminal or civil violation of laws
pertaining to fraud, conflict of interest,
bribery, gratuity, or similar misconduct
involving those funds.
Section 1553(a) of the Recovery Act
provides protection for whistleblowers:
Prohibition of Reprisals—An
employee of any non-Federal employer
receiving covered funds may not be
discharged, demoted, or otherwise
discriminated against as a reprisal for
disclosing, including a disclosure made
in the ordinary course of an employee’s
duties, to the Board, an inspector
general, the Comptroller General, a
member of Congress, a State or Federal
regulatory or law enforcement agency, a
person with supervisory authority over
the employee (or such other person
working for the employer who has the
authority to investigate, discover, or
terminate misconduct), a court or grand
jury, the head of a Federal agency, or
their representatives, information that
the employee reasonably believes is
evidence of—
(1) Gross mismanagement of an
agency contract or grant relating to
covered funds;
(2) A gross waste of covered funds;
(3) A substantial and specific danger
to public health or safety related to the
implementation or use of covered funds;
(4) An abuse of authority related to
the implementation or use of covered
funds; or
(5) A violation of law, rule, or
regulation related to an agency contract
(including the competition for or
negotiation of a contract) or grant,
awarded or issued relating to covered
funds.
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15:01 Jul 22, 2009
Jkt 217001
10. Schedule of Expenditures of Federal
Awards
Recipients agree to separately identify
the expenditures for each loan and grant
award funded under the Recovery Act
on the SEFA and the SF–SAC required
by OMB Circular A–133. This
identification on the SEFA and SF–SAC
shall include the Federal award number,
the CFDA number, and amount, such
that separate accountability and
disclosure is provided for Recovery Act
funds by Federal award number
consistent with the recipient reports
required by Section 1512(c).
11. Prohibitions
None of the funds appropriated or
otherwise made available under the
Recovery Act may be used by any State
or local government or any private
entity for any casino or other gambling
related establishment, aquarium, zoo,
golf course or swimming pool. This
prohibition extends to all facilities that
maintain such establishments. In
implementing this prohibition RD
specifically will not finance projects,
such as dwellings and hotels, with
swimming pools. (Section 1604 of the
Recovery Act.)
12. Civil Rights
Programs referenced in this notice are
subject to applicable Civil Rights Laws.
These laws include the Equal Credit
Opportunity Act, Title VI of the Civil
Rights Act of 1964, Title VIII of the Civil
Rights Act of 1968, as amended in 1988,
Section 504 of the Rehabilitation Act of
1973, and the Age Discrimination Act of
1975.
13. Application Procedure
Unless otherwise specified in this
Notice, the application procedure for
assistance under this Notice is the same
as the regular application procedure for
the particular program for which
financial assistance is requested.
D. Funding Availability
1. Community Facilities (CF) Programs
General. The CF Direct Loan and
Grant Programs are designed to finance
and facilitate the development of
essential community facilities servicing
rural areas. These facilities include, but
are not limited to, hospitals; medical
clinics; elderly care facilities; police
stations and vehicles; fire and rescue
stations and vehicles; vocational and
medical rehabilitation centers; and
educational facilities. Funds under this
Notice can be used to construct, enlarge
or improve community facilities for
health, public safety, and education.
This may include the purchase of
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Fmt 4703
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equipment or furnishings required for a
facility’s operation.
Recovery Act Authorization. Pursuant
to the Recovery Act, funding is available
as follows:
CF Direct Loan Funds .....
Less National Office Reserve ..............................
Allocation to States .........
CF Grant Funds ...............
Less National Office Reserve ..............................
Allocation to States .........
$1,136,188,811
568,094,811
568,094,000
61,110,000
30,553,000
30,557,000
Applicable Statutory or Regulatory
Authority.
• Consolidated Farm and Rural
Development Act, Section 306 (7 U.S.C.
1926(a)(1) and (19)).
• 7 CFR Part 1942, Subpart A,
Community Facilities Direct Loan
Program.
• 7 CFR Part 1942, Subpart C, Fire
and Rescue Loans.
• 7 CFR Part 3570, Subpart B,
Community Facilities Grant Program.
Further Information. The essential
community facility must primarily serve
rural areas, be located in a rural area
with a population of 20,000 or less, and
the median household income of the
population to be served by the proposed
facility must be below the higher of the
poverty line or 90 percent of the State
non-metropolitan median household
income. The amount of CF grant funds
that a project is eligible for will be
determined in accordance with 7 CFR
Part 3570, Subpart B. CF grant funds
will not exceed 75 percent of the total
project cost. Additionally, if other
Federal grant assistance is received, the
aggregate of Federal grant assistance
may not exceed 75 percent of the total
project cost. Rural Development has
determined that it will review and make
awards under this NOFA as applications
are received based on the existing
criteria in 7 CFR, Part 3570, Subpart B,
and 7 CFR, Part 1942, Subpart A.
Applications will be reviewed,
approved, and obligated in the States’
Rural Development offices.
2. Single Family Housing (SFH)
Programs
General. USDA Rural Development
will provide assistance through its SFH
loan program in rural areas as
authorized under the Recovery Act. The
SFH loan programs are designed to
assist very low, low-income, and
moderate-income households to obtain
modest, decent, safe, and sanitary
housing for use as a permanent
residence in rural areas.
Recovery Act Authorization. Pursuant
to the Recovery Act, funding is available
as follows:
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(a) Section 502 Guaranteed SFH Loans
Guarantees—Purchase ...........................................................................................................................................................
Guarantees—Refinance .........................................................................................................................................................
(1) Purchase—Amount Available for 2009 Recovery Act Allocation
Amount Available for Allocation .........................................................................................................................................
Less National Office General Reserve ..................................................................................................................................
Allocation to the States .........................................................................................................................................................
(2) Refinance—Amount Available for 2009 Recovery Act Allocation
Total Available ......................................................................................................................................................................
Less National Office General Reserve ..................................................................................................................................
(b) Section 502 Direct SFH Loans
Amount Available for Allocation .........................................................................................................................................
Less National Office General Reserve ..................................................................................................................................
Allocation to the States .........................................................................................................................................................
Applicable Statutory or Regulatory
Authority.
• The Housing Act of 1949 as
amended.
• 7 CFR Part 1980, Subpart D
(Guaranteed).
• 7 CFR Part 3550 (Direct).
Further Information. All SFH
programs typically are administered
through field offices. For more
information or to request an application,
please contact the Rural Development
state office servicing your area listed in
the ADDRESSES section of this notice.
Section 502 Guaranteed SFH Refinance
loan funds, however, will be distributed
from the National Office.
All Section 502 loans involving
construction or repair costs greater than
$2,000 funded with recovery funds will
be subject to the provisions of the DavisBacon Act. The National Office will
maintain a general reserve. These funds
will be available to states that exhaust
their Recovery Act allocations.
3. Business & Industry (B&I) Guaranteed
Loan Program
USDA Rural Development will
provide B&I guaranteed loan funds for
eligible businesses as authorized under
the Recovery Act. As program details
are currently under consideration, a
separate NOFA will be issued providing
program specifics at a later date.
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4. Rural Business Enterprise Grant
(RBEG) Program
General. RBS’s primary objective is to
improve the economic conditions of
rural areas. RBEG funding will be used
to support the development of small and
emerging private business enterprises in
rural areas. The USDA Rural
Development will administer grant
awards made under the RBEG program
and 7 U.S.C. 1932(c) for fiscal years
(FYs) 2009 and 2010. RBEG program
regulations are in 7 CFR part 1942,
subpart G. Expenses incurred in
developing applications will be at the
applicant’s risk.
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15:01 Jul 22, 2009
Jkt 217001
Recovery Act Authorization. Pursuant
to the Recovery Act, funding is available
as follows:
Rural Business Enterprise Grants—
$19,400,000.
Approximate Number of Awards:
Estimate 200;
Average Award: $99,000;
Anticipated Award Date: Ongoing
until available funds are expended.
Applicable Statutory or Regulatory
Authority.
• Consolidated Farm and Rural
Development Act, Section 310B (7
U.S.C. 1932).
• 7 CFR Part 1942, subpart G.
Dates. RBEG applications will be
accepted in the State Offices on a rolling
basis. States will be required to submit
applications to the National Office by
local close of business on the last
business day of each month (June 29,
July 31 and so forth) until funds are
expended.
Further Information. Applicants can
obtain grant application information
and submit applications for Rural
Business Enterprise Grants through the
grants.gov site at https://www.grants.gov.
Users of grants.gov alternatively may
download a copy of the application
package to complete offline.
Applications in paper format should be
submitted to the USDA Rural
Development State Office where the
project is located. All applicants must
have a Dun and Bradstreet Data
Universal Numbering System (DUNS)
number which can be obtained at no
cost via a toll-free request line at 1–866–
705–5711 or at https://www.dnb.com/
us/.
Eligible Projects will be scored,
ranked, and submitted to the Secretary
for final selection for Recovery Act
funding. Unsuccessful projects
submitted under the Recovery Act will
be returned to the appropriate State
Offices for possible funding under the
Omnibus Appropriations Act, 2009.
Matching funds are not required.
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$9,849,606,299
400,000,000
9,849,606,299
2,849,606,299
7,000,000,000
400,000,000
400,000,000
967,113,095
290,143,000
676,979,000
5. Water and Environmental Programs
(WEP)
This Notice is intended to announce
the availability of additional assistance
to be administered through the WEP as
authorized under the Recovery Act,
2009, as follows:
WEP Direct Loans Funds
WEP Grant Funds ............
Circuit Rider Technical
Assistance .....................
$2,733,515,732
924,680,000
14,280,000
USDA Rural Development’s WEP
provides a wide variety of loan, grant,
and loan guarantee assistance to rural
residents, rural communities and rural
utility systems. Funding shall be used
for the cost of direct loans and grants for
the rural water, waste water and waste
disposal programs authorized by section
306 and described in section 381E(d)(2)
of the Consolidated Farm and Rural
Development Act.
(a) Assistance Available through This
Notice.
The Act enables USDA Rural
Development to make additional funds
available for WEP with Direct Loans and
Grants. Eligible applicants are public
bodies, organizations operated on a notfor-profit basis, Indian tribes on Federal
and State reservations and other
Federally-recognized Indian tribes.
These funds will be used to serve rural
areas with a population not in excess of
10,000. Eligible loan and grant purposes
include, but are not limited to,
constructing, enlarging, extending or
otherwise improving rural water,
sanitary sewage, solid waste disposal
and storm wastewater disposal facilities.
None of the borrower and project
eligibility requirements as outlined in 7
CFR part 1780, including availability of
other credit, income or population are
waived under this Notice.
Further details on eligible applicants
and projects may be found in the
relevant regulations listed in applicable
statutory or regulatory authority below.
(b) National Environment Policy Act
of 1969.
The WEP implementation of the
Recovery Act will utilize existing
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environmental review compliance
requirements in accordance with its
statutory and regulatory obligations. The
agency’s environmental policies and
procedures are codified in 7 CFR Part
1794. All relevant environmental
compliance requirements are integrated
in the above regulation, including the
National Environmental Policy Act,
National Historic Preservation Act and
Endangered Species Act compliance
processes.
All WEP applicants are required to
integrate environmental factors, along
with other technical and financial
considerations into early project
planning and design. The agency has
guidance documents for applicants
posted on the following webpage—
https://www.usda.gov/rus/water/ees/
bulletin.htm. The environmental review
process must be complete, including all
public notice requirements prior to
funding any proposals.
(c) Applicable Statutory or Regulatory
Authority.
• Title 1 of Division A of the
American Recovery and Reinvestment
Act, 2009;
• Consolidated Farm and Rural
Development Act, Section 306(a)(1), (2)
and (22) (7 U.S.C. 1926(a)(1), (2) and
(22));
• 7 CFR Part 1780, Water and Waste
Loans and Grants; and
• RD Instruction 1940–C, Davis Bacon
and Related Acts (Available in any RD
Office).
6. Broadband Direct Loans and Grants
Rural Development anticipates
making Direct Broadband loans and
grants available to eligible entities using
Recovery Act funds. Further
information regarding Broadband loans
and grants will be provided separately
in a subsequent NOFA or a series of
NOFAs.
Civil Rights: Programs referenced in
this Notice are subject to applicable
Civil Rights Laws. These laws include
the Equal Credit Opportunity Act, Title
VI of the Civil Rights Act of 1964, Title
VIII of the Civil Rights Act of 1968, as
amended in 1988, Section 504 of the
Rehabilitation Act of 1973 and the Age
Discrimination Act of 1975.
Non-Discrimination Statement: The
U.S. Department of Agriculture (USDA)
prohibits discrimination in all its
programs and activities on the basis of
race, color, national origin, age,
disability, and where applicable, sex,
marital status, familial status, parental
status, religion, sexual orientation,
genetic information, political beliefs,
reprisal, or because all or part of an
individual’s income is derived from any
public assistance program. (Not all
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15:01 Jul 22, 2009
Jkt 217001
prohibited bases apply to all programs.)
Persons with disabilities who require
alternative means for communication of
program information (Braille, large
print, audiotape, etc.) should contact
USDA’s TARGET Center at (202) 720–
2600 (voice and TDD). To file a
complaint of discrimination, write to
USDA, Director, Office of Civil Rights,
1400 Independence Avenue, SW.,
Washington, DC 20250–9410, or call
(800) 795–3272 (voice), or (202) 720–
6382 (TDD). ‘‘USDA is an equal
opportunity provider, employer, and
lender.’’
Dated: July 17, 2009.
Dallas Tonsager,
Under Secretary.
[FR Doc. E9–17512 Filed 7–22–09; 8:45 am]
BILLING CODE 3410–XY–P
COMMISSION ON CIVIL RIGHTS
Sunshine Act Notice
AGENCY: United States Commission on
Civil Rights.
ACTION:
Notice of meeting.
DATE AND TIME: Friday, July 31, 2009;
1:30 p.m. EDT.
PLACE: Via Teleconference, Public Dial
In—1–800–597–7623, Conference ID #
21390687.
Meeting Agenda
This meeting is open to the public.
I. Approval of Agenda
II. State Advisory Committee Issues
• Arizona SAC
• Hawaii SAC
• Michigan SAC
• Utah SAC
III. Program Planning
• Update on National Civil Rights
Conference
IV. Adjourn
CONTACT PERSON FOR FURTHER
INFORMATION: Lenore Ostrowsky,
Acting
Chief, Public Affairs Unit, (202) 376–
8591. TDD: (202) 376–8116.
Persons with a disability requiring
special services, such as an interpreter
for the hearing impaired, should contact
Pamela Dunston at least seven days
prior to the meeting at 202–376–8105.
TDD: (202) 376–8116.
Dated: July 21, 2009.
David Blackwood,
General Counsel.
[FR Doc. E9–17726 Filed 7–21–09; 4:15 pm]
BILLING CODE 6335–01–P
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36455
DEPARTMENT OF COMMERCE
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the emergency
provisions of the Paperwork Reduction
Act (44 U.S.C. Chapter 35).
Agency: National
Telecommunications and Information
Administration (NTIA).
Title: Broadband Subscription and
Usage Survey (Supplement to the
Census Bureau’s Current Population
Survey).
OMB Control Number: 0660–0021.
Agency Form Number: None.
Type of Request: Emergency
submission.
Burden Hours: 581.
Average Time per Response: 38
seconds.
Number of Respondents: 55,000.
Needs and Uses: NTIA proposes to
add five questions to the Census
Bureau’s October 2009 Current
Population Survey (CPS) in order to
gather reliable data on broadband (also
known as high-speed Internet) use by
U.S. households. The Administration is
committed to providing broadband
service to every community in America.
To that end, the Administration is
working with Congress, NTIA, the
Federal Communications Commission,
Rural Utilities Service, the States, and
other parties to develop and implement
economic and regulatory policies that
foster broadband deployment. Current,
systematic, and comprehensive data on
broadband subscription and use by U.S.
households is critical to allow
policymakers not only to gauge progress
made to date, but also to identify
problem areas with a specificity that
permits carefully targeted and cost
effective responses.
The Census Bureau is widely regarded
as a superior collector of data based on
its centuries of experience and its
scientific methods. Collection of NTIA’s
requested broadband usage data,
moreover, will occur in conjunction
with Census’ scheduled October CPS,
thereby significantly reducing the
potential burdens on the Bureau and the
households surveyed. The questions on
Internet usage were included in seven
previous Census household surveys.
The need for comprehensive
broadband data has become more
pressing in recent months and has
necessitated this request for expedited
review. The General Accountability
Office (GAO) recently issued reports
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]]>Agencies
[Federal Register Volume 74, Number 140 (Thursday, July 23, 2009)]
[Notices]
[Pages 36448-36455]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17512]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 /
Notices
[[Page 36448]]
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Rural Business-Cooperative Service
Rural Utilities Service
Notice of Funds Availability Under the American Recovery and
Reinvestment Act, 2009
AGENCIES: Rural Housing Service, Rural Business-Cooperative Service,
and Rural Utilities Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Rural Housing Service (RHS), Rural Business-Cooperative
Service (RBS), and Rural Utilities Service (RUS) are administered
through USDA Rural Development (RD). This Notice announces the
availability of stimulus assistance provided pursuant to Title 1 of
Division A of the American Recovery and Reinvestment Act, 2009, (Pub.
L. 111-5) (February 17, 2009).
DATES: Unless otherwise specified in this notice, applications will be
accepted on a rolling basis until funds are expended. Program funding
expires September 30, 2010.
ADDRESSES: Entities wishing to apply for assistance, or that are in
need of further information, should contact the USDA Rural Development
State Office in the state where the project is located. A list of the
USDA Rural Development State Offices addresses and telephone numbers
are as follows:
Note: Telephone numbers are not toll-free.
Alabama
Sterling Centre, Suite 601, 4121 Carmichael Road, Montgomery, AL 36106-
3683, (334) 279-3400/TDD (334) 279-3495.
Alaska
USDA Rural Development State Office, 800 West Evergreen, Suite 201,
Palmer, AK 99645-6539, (907) 761-7705/TDD (907) 761-8905.
Arizona
USDA Rural Development State Office, 230 N. 1st Ave., Suite 206,
Phoenix, AZ 85003, (602) 280-8701/TDD (602) 280-8705.
Arkansas
USDA Rural Development State Office, 700 West Capitol Avenue, Room
3416, Little Rock, AR 72201-3225, (501) 301-3200/TDD (501) 301-3279.
California
USDA Rural Development State Office, 430 G Street, 4169,
Davis, CA 95616-4169, (530) 792-5800/TDD (530) 792-5848.
Colorado
USDA Rural Development State Office, 655 Parfet Street, Room E-100,
Lakewood, CO 80215, (720) 544-2903/TDD (720) 544-2976.
Connecticut
USDA Rural Development State Office, 451 West Street, Suite 2, Amherst,
MA 01002-2999, (413) 253-4300/TDD (413) 253-4590.
Delaware
USDA Rural Development State Office, 1221 College Park Drive, Suite
200, Dover, DE 19904, (302) 857-3580/TDD (302) 857-3585.
Florida
USDA Rural Development State Office, 4440 NW 25th Place, P.O. Box
147010, Gainesville, FL 32614-7010, (352) 338-3400/TDD (352) 338-3499.
Georgia
USDA Rural Development State Office, Stephens Federal Building, 355 E.
Hancock Avenue, Athens, GA 30601-2768, (706) 546-2162/TDD (706) 546-
2034.
Hawaii
USDA Rural Development State Office, Federal Building, Room 311, 154
Waianuenue Avenue, Hilo, HI 96720, (808) 933-8380/TDD (808) 933-8321.
Idaho
USDA Rural Development State Office, 9173 West Barnes Dr., Suite A1,
Boise, ID 83709, (208) 378-5600/TDD (208) 378-5644.
Illinois
USDA Rural Development State Office, 2118 West Park Court, Suite A,
Champaign, IL 61821, (217) 403-6200/TDD (217) 403-6240.
Indiana
USDA Rural Development State Office, 5975 Lakeside Boulevard,
Indianapolis, IN 46278, (317) 290-3100/TDD (317) 290-3343.
Iowa
USDA Rural Development State Office, Federal Building, Room 873, 210
Walnut Street, Des Moines, IA 50309, (515) 284-4663/TDD (515) 284-4858.
Kansas
USDA Rural Development State Office, 1303 S.W. First American Place,
Suite 100, Topeka, KS 66604-4040, (785) 271-2700/TDD (785) 271-2767.
Kentucky
USDA Rural Development State Office, 771 Corporate Drive, Suite 200,
Lexington, KY 40503, (859) 224-7300/TDD (859) 224-7422.
Louisiana
USDA Rural Development State Office, 3727 Government Street,
Alexandria, LA 71302, (318) 473-7921/TDD (318) 473-7655.
Maine
USDA Rural Development State Office, 967 Illinois Avenue, Suite 4, P.O.
Box 405, Bangor, ME 04402-0405, (207) 990-9160/TDD (207) 942-7331.
Maryland
USDA Rural Development State Office, 1221 College Park Drive, Suite
200, Dover, DE 19904, (302) 857-3580/TDD (302) 857-3585.
Massachusetts
USDA Rural Development State Office, 451 West Street, Suite 2, Amherst,
MA 01002-2999, (413) 253-4300/TDD (413) 253-4590.
Michigan
USDA Rural Development State Office, 3001 Coolidge Road, Suite 200,
East Lansing, MI 48823, (517) 324-5190/TDD (517) 324-5169.
Minnesota
USDA Rural Development State Office, 375 Jackson Street, Suite 410, St.
Paul,
[[Page 36449]]
MN 55101-1853, (651) 602-7800/TDD (651) 602-3799.
Mississippi
USDA Rural Development State Office, Federal Building, Suite 831, 100
W. Capitol Street, Jackson, MS 39269, (601) 965-4316/TDD (601) 965-
5850.
Missouri
USDA Rural Development State Office, 601 Business Loop 70 West, Parkade
Center, Suite 235, Columbia, MO 65203, (573) 876-0976/TDD (573) 876-
9480.
Montana
USDA Rural Development State Office, 900 Technology Boulevard, Suite B,
P.O. Box 850, Bozeman, MT 59771, (406) 585-2580/TDD (406) 585-2562.
Nebraska
USDA Rural Development State Office, Federal Building, Room 152, 100
Centennial Mall North, Lincoln, NE 68508, (402) 437-5551/TDD (402) 437-
5093.
Nevada
USDA Rural Development State Office, 1390 South Curry Street, Carson
City, NV 89703-5146, (775) 887-1222/TDD (775) 885-0633.
New Hampshire
USDA Rural Development State Office, City Center, 3rd Floor, 89 Main
Street, Montpelier, VT 05602, (802) 828-6000/TDD (802) 223-6365.
New Jersey
USDA Rural Development State Office, 8000 Midlantic Drive, 5th Floor
North, Suite 500, Mt. Laurel, NJ 08054, (856) 787-7700/TDD (856) 787-
7784.
New Mexico
USDA Rural Development State Office, 6200 Jefferson Street, NE., Room
255, Albuquerque, NM 87109, (505) 761-4950/TDD (505) 761-4938.
New York
USDA Rural Development State Office, The Galleries of Syracuse, 441
South Salina Street, Suite 357, Syracuse, NY 13202-2541, (315) 477-
6400/TDD (315) 477-6447.
North Carolina
USDA Rural Development State Office, 4405 Bland Road, Suite 260,
Raleigh, NC 27609, (919) 873-2000/TDD (919) 873-2003.
North Dakota
USDA Rural Development State Office, Federal Building, Room 208, 220
East Rosser, P.O. Box 1737, Bismarck, ND 58502-1737, (701) 530-2037/TDD
(701) 530-2113.
Ohio
USDA Rural Development State Office, Federal Building, Room 507, 200
North High Street, Columbus, OH 43215-2418, (614) 255-2400/TDD (614)
255-2554.
Oklahoma
USDA Rural Development State Office, 100 USDA, Suite 108, Stillwater,
OK 74074-2654, (405) 742-1000/TDD (405) 742-1007.
Oregon
USDA Rural Development State Office, 1201 NE. Lloyd Blvd., Suite 801,
Portland, OR 97232, (503) 414-3300/TDD (503) 414-3387.
Pennsylvania
USDA Rural Development State Office, One Credit Union Place, Suite 330,
Harrisburg, PA 17110-2996, (717) 237-2299/TDD (717) 237-2261.
Puerto Rico
USDA Rural Development State Office, IBM Building, Suite 601, 654 Munos
Rivera Avenue, San Juan, PR 00918-6106, (787) 766-5095/TDD (787) 766-
5332.
Rhode Island
USDA Rural Development State Office, 451 West Street, Suite 2, Amherst,
MA 01002-2999, (413) 253-4300/TDD (413) 253-4590.
South Carolina
USDA Rural Development State Office, Strom Thurmond Federal Building,
1835 Assembly Street, Room 1007, Columbia, SC 29201, (803) 765-5163/TDD
(803) 765-5697.
South Dakota
USDA Rural Development State Office, Federal Building, Room 210, 200
Fourth Street, SW., Huron, SD 57350, (605) 352-1100/TDD (605) 352-1147.
Tennessee
USDA Rural Development State Office, 3322 West End Avenue, Suite 300,
Nashville, TN 37203-1084, (615) 783-1300.
Texas
USDA Rural Development State Office, Federal Building, Suite 102, 101
South Main, Temple, TX 76501, (254) 742-9700/TDD (254) 742-9712.
Utah
USDA Rural Development State Office, Wallace F. Bennett Federal
Building, 125 South State Street, Room 4311, Salt Lake City, UT 84138,
(801) 524-4320/TDD (801) 524-3309.
Vermont
USDA Rural Development State Office, City Center, 3rd Floor, 89 Main
Street, Montpelier, VT 05602, (802) 828-6000/TDD (802) 223-6365.
Virginia
USDA Rural Development State Office, 1606 Santa Rosa Road, Suite 238,
Richmond, VA 23229-5014, (804) 287-1550/TDD (804) 287-1753.
Virgin Islands
USDA Rural Development State Office, 4440 NW. 25th Place, P.O. Box
147010, Gainesville, FL 32614-7010, (352) 338-3400/TDD (352) 338-3499.
Washington
USDA Rural Development State Office, 1835 Black Lake Boulevard SW.,
Suite B, Olympia, WA 98512-5715, (360) 704-7740/TDD (360) 704-7760.
West Virginia
USDA Rural Development State Office, 75 High Street, Room 320,
Morgantown, WV 26505-7500, (304) 284-4860/TDD (304) 284-4836.
Wisconsin
USDA Rural Development State Office, 4949 Kirschling Court, Stevens
Point, WI 54481, (715) 345-7600/TDD (715) 345-7614.
Wyoming
USDA Rural Development State Office, 100 East B, Federal Building, Room
1005, P.O. Box 11005, Casper, WY 82602-5006, (307) 233-6700/TDD (307)
233-6733.
FOR FURTHER INFORMATION CONTACT: For information and application
assistance contact the appropriate Rural Development State Office
listed in the ADDRESSES section of this Notice.
For information regarding Housing and Community Facilities
Programs: Community Facilities, Anita Outen, Loan Specialist, at 202-
720-1497, or Susan Woolard, Loan Specialist, at 202-720-1506; and
Single Family Program, Myron Wooden, Loan Specialist, at 202-720-4780.
For further information regarding Business Programs, contact: Fred
Kieferle, Business and Industry (B&I) Guaranteed Loan Program, at 202-
720-7818, e-mail: fred.kieferle@wdc.usda.gov, Cindy Mason, Rural
Business Enterprise Grant (RBEG), at 202-690-1433, e-mail:
cindy.mason@wdc.usda.gov.
For information regarding Water and Environmental Programs' Direct
Loan,
[[Page 36450]]
Guaranteed Loan, and Grant programs, contact: Gayle Auman, Loan
Specialist, at 334-279-3620, e-mail: gayle.auman@wdc.usda.gov.
SUPPLEMENTARY INFORMATION: Background: The Rural Development Mission
Area agencies (RHS, RUS, and RBS of the United States Department of
Agriculture) provide a wide variety of grant, loan, and loan guarantee
assistance to rural residents, rural communities, and rural utility
systems. The eligibility criteria for each of the programs differ
widely.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995, USDA Rural
Development has submitted a new information collection to OMB for
emergency review and approval of the reporting and recordkeeping
requirements contained in this Notice. The programs being impacted
already have information collection packages in place. Therefore, the
burden in this new package is solely based on the additional burden
hours being generated by the American Recovery and Reinvestment Act of
2009. The breakdown is as follows:
(OMB No. 0572-0121) 7 CFR Part 1780, Water and Waste Loan and Grant
Program
Estimate Burden Increase: 78,111 hours.
(OMB No. 0570-0022) 7 CFR Part 1942-G, Rural Business Enterprise
Grants and Television Demonstration Grants.
Estimated Burden Increase: 19,189 hours.
(OMB No. 0575-0173) 7 CFR 3570-B, Community Facilities Grant
Program.
Estimated Burden Increase: 3,102 hours.
(OMB No. 0575-0015) 7 CFR 1942-A, Community Facility Loans.
Estimated Burden Increase: 70,560 hours.
(OMB No. 0575-0120) 7 CFR Part 1942-C, ``Fire and Rescue Loans''.
Estimated Burden Increase: 7,512 hours.
(OMB No. 0575-0172) Direct Single Family Housing Loan and Grant
Programs, 7 CFR Part 3550-HB-1-3550, and HB-2-3550.
Estimated Burden Increase: 39,198 hours.
(OMB No. 0575-0078) 7 CFR Part 1980-D, Rural Housing Loans.
Estimated Burden Increase: 106,878 hours.
Reporting and Registration Requirement under Section 1512 of the
American Recovery and Reinvestment Act of 2009, Public Law 111-5:
(a) This award requires the recipient to complete projects or
activities which are funded under the American Recovery and
Reinvestment Act of 2009 (``Recovery Act'') and to report on use of
Recovery Act funds provided through this award. Information from these
reports will be made available to the public.
(b) The first report is due no later than ten calendar days after
the initial calendar quarter in which the recipient receives the
assistance award funded in whole or in part by the Recovery Act, or by
October 10, 2009. Thereafter, reports shall be submitted no later than
the 10th day after the end of each calendar quarter.
(c) Recipients and their first-tier recipients must maintain
current registrations in the Central Contractor Registration (https://www.ccr.gov) at all times during which they have active federal awards
funded with Recovery Act funds. A Data Universal Numbering System
(DUNS) Number is one of the requirements for registration in the
Central Contractor Registration.
(d) The recipient shall report the information described in section
1512(c) using the reporting instructions and data elements that will be
provided online at https://www.FederalReporting.gov, unless the
information is pre-populated.
I. American Recovery and Reinvestment Act (Recovery Act), 2009
A. Affected Programs
The following programs are subject to the provisions of Executive
Order 12372 which requires intergovernmental consultation with State
and local officials, pursuant to 7 CFR 3015.302. These programs or
activities are listed in the Catalog of Federal Domestic Assistance
(CDFA) under numbers:
10.780 Community Facilities Loans and Grants
10.788 Single Family Housing Direct Loans
10.789 Single Family Housing Guaranteed Loans
10.782 Business and Industry Guaranteed Loans
10.783 Rural Business Enterprise Grants
10.781 Water and Waste Loans and Grants
10.886 Broadband Loans and Grants
B. Definitions
``Agency''--The Rural Housing Service, Rural Utilities Service and
Rural Business-Cooperative Service or the successors for the programs
it administers.
``Persistent poverty counties''--Any county that has had twenty
percent or more of its population living in poverty for the past thirty
years, as measured by the 1980, 1990, 2000 decennial census
information.
``Recipient''--Any entity that receives Recovery Funds directly
from the Federal Government (including Recovery Funds received through
loan, grant, or contract) other than an individual and includes a State
that receives Recovery Funds.
``Recovery Act''--Refers to Title 1 of Division A of the American
Recovery and Reinvestment Act, 2009, (Pub. L. 111-5) (February 17,
2009).
``Recovery Funds''--Any funds that are available from
appropriations made under the Recovery Act.
C. General Provisions
1. Preference for Quick-Start Activities
In using the funds made available in the Recovery Act for
infrastructure investment, the Agencies shall give preference to
activities that can be started and completed expeditiously, including a
goal of using at least 50 percent of the funds for activities that can
be initiated not later than 120 days after the date of enactment of the
Recovery Act. Recipients shall also use grant funds in a manner that
maximizes job creation and economic benefit. Agencies may use these
funds for a backlog of applications on hand as well as new
applications. For Water and Environment and Community Facilities
programs, those new applications that are submitted in a timely manner
complete with Preliminary Engineering Review (PER), Environmental
Report (ER), and current financial data will be accelerated in the
process.
2. Period of Availability
All funds appropriated in the Recovery Act are available for
obligation no later than September 30, 2010. Funding provided through
the Recovery Act is one-time funding.
3. Buy American
None of the funds made available by the Recovery Act may be used
for a project for the construction, alteration, maintenance, or repair
of a public building or public work unless all of the iron, steel and
manufactured goods used in the project are produced in the United
States unless USDA Rural Development waives the application of this
provision. Since only Community Facilities (CF) and Water and
Environmental Programs (WEP) are involved in the construction,
alteration, maintenance, or repair of public building and public works,
the Buy American provisions are only applicable to CF and WEP.
(Recovery Act Sec. 1605)
[[Page 36451]]
If the applicant's requested use of Recovery Act funds involves the
construction, alteration, maintenance, or repair of a public building
or public work, and does not involve iron, steel, and or manufactured
goods covered under international agreements, the following is
applicable:
Notice of Required Use of American Iron, Steel, and Manufactured
Goods--Section 1605 of the American Recovery and Reinvestment Act, 2009
(a) Definitions. Manufactured good, public building and public
work, and steel, as used in this notice, are defined in 2 CFR 176.140.
(b) Requests for determinations of inapplicability. A prospective
applicant requesting a determination regarding the inapplicability of
Section 1605 of the American Recovery and Reinvestment Act of 2009
(Pub. L. 111-5) (Recovery Act) should submit the request to the award
official in time to allow a determination before submission of
applications or proposals. The prospective applicant shall include the
information and applicable supporting data required by 2 CFR 176.140(c)
and (d) in the request. If an applicant has not requested a
determination regarding the inapplicability of Section 1605 of the
Recovery Act before submitting its application or proposal, or has not
received a response to a previous request, the applicant shall include
the information and supporting data in the application or proposal.
(c) Evaluation of project proposals. If the Federal government
determines that an exception based on unreasonable cost of domestic
iron, steel, and/or manufactured goods applies, the Federal Government
will evaluate a project requesting exception to the requirements of
Section 1605 of the Recovery Act by adding to the estimated total cost
of the project 25 percent of the project cost, if foreign iron, steel,
or manufactured goods are used in the project based on unreasonable
cost of comparable manufactured domestic iron, steel, and/or
manufactured goods.
(d) Alternate project proposals.
(1) When a project proposal includes foreign iron, steel, and/or
manufactured goods not listed by the Federal Government at 2 CFR
176.140(b)(2), the applicant also may submit an alternate proposal
based on use of equivalent domestic iron, steel, and/or manufactured
goods.
(2) If an alternate proposal is submitted, the applicant shall
submit a separate cost comparison table prepared in accordance with 2
CFR 176.140(c) and (d) for the proposal that is based on the use of any
foreign iron, steel, and/or manufactured goods for which the Federal
Government has not yet determined an exception applies.
(3) If the Federal Government determines that a particular
exception requested in accordance with 2 CFR 176.140(b) does not apply,
the Federal Government will evaluate only those proposals based on use
of the equivalent domestic iron, steel, and/or manufactured goods, and
the applicant shall be required to furnish such domestic items.
If the applicant's requested use of Recovery Act funds involves the
construction, alteration, maintenance, or repair of a public building
or public work, and involves iron, steel, and/or manufactured goods
covered under international agreements, the following is applicable:
Notice of Required Use of American Iron, Steel, and Manufactured Goods
(Covered Under International Agreements)--Section 1605 of the American
Recovery and Reinvestment Act, 2009
(a) Definitions. Designated country iron, steel, and/or
manufactured goods, foreign iron, steel, and/or manufactured good,
manufactured good, public building and public work, and steel, as used
in this provision, are defined in 2 CFR 176.160(a).
(b) Requests for determinations of inapplicability. A prospective
applicant requesting a determination regarding the inapplicability of
Section 1605 of the American Recovery and Reinvestment Act of 2009
(Pub. L. 111-5) (Recovery Act) should submit the request to the award
official in time to allow a determination before submission of
applications or proposals. The prospective applicant shall include the
information and applicable supporting data required by 2 CFR 176.160(c)
and (d) in the request. If an applicant has not requested a
determination regarding the inapplicability of 1605 of the Recovery Act
before submitting its application or proposal, or has not received a
response to a previous request, the applicant shall include the
information and supporting data in the application or proposal.
(c) Evaluation of project proposals. If the Federal Government
determines that an exception based on unreasonable cost of domestic
iron, steel, and/or manufactured goods applies, the Federal Government
will evaluate a project requesting exception to the requirements of
section 1605 of the Recovery Act by adding to the estimated total cost
of the project 25 percent of the project cost if foreign iron, steel,
or manufactured goods are used based on unreasonable cost of comparable
domestic iron, steel, or manufactured goods.
(d) Alternate project proposals.
(1) When a project proposal includes foreign iron, steel, and/or
manufactured goods, other than designated country iron, steel, and/or
manufactured goods, that are not listed by the Federal Government in
this Buy American notice in the request for applications or proposals,
the applicant may submit an alternate proposal based on use of
equivalent domestic or designated country iron, steel, and/or
manufactured goods.
(2) If an alternate proposal is submitted, the applicant shall
submit a separate cost comparison table prepared in accordance with 2
CFR 176.160(c) and (d) for the proposal that is based on the use of any
foreign iron, steel, and/or manufactured goods for which the Federal
Government has not yet determined an exception applies.
(3) If the Federal Government determines that a particular
exception requested in accordance with 2 CFR 176.160(b) does not apply,
the Federal Government will evaluate only those proposals based on use
of the equivalent domestic or designated country iron, steel, and/or
manufactured goods and the applicant shall be required to furnish such
domestic or designated country items.
4. Wage-Rate Requirements
All laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in whole or
in part by and through the Federal Government pursuant to the Recovery
Act shall be paid wages at rates not less than those prevailing on
projects of a character similar in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of chapter 31 of 40
U.S.C. In this regard, the award will contain the following provision:
Wage Rate Requirements Under Section 1606 of the American Recovery and
Reinvestment Act, 2009
(a) Section 1606 of the Recovery Act requires that all laborers and
mechanics employed by contractors and subcontractors on projects funded
directly by or assisted in whole or in part by and through the Federal
Government pursuant to the Recovery Act shall be paid wages at rates
not less than those prevailing on projects of a character similar in
the locality as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of 40 U.S.C.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40
U.S.C.
[[Page 36452]]
3145, the Department of Labor has issued regulations at 29 CFR Parts 1,
3, and 5 to implement the Davis-Bacon and related Acts. Regulations in
29 CFR 5.5 instruct agencies concerning application of the standard
Davis-Bacon contract clauses set forth in that section. Federal
agencies providing grants, cooperative agreements, and loans under the
Recovery Act shall ensure that the standard Davis-Bacon contract
clauses found in 29 CFR 5.5(a) are incorporated in any resultant
covered contracts that are in excess of $2,000 for construction,
alteration and/or repair (including painting and decorating).
(b) For additional guidance on the wage rate requirements of
section 1606, contact your awarding agency. Recipients of grants,
cooperative agreements and loans should direct their initial inquiries
concerning the application of Davis-Bacon requirements to a particular
federally assisted project to the Federal agency funding the project.
The Secretary of Labor retains final coverage authority under
Reorganization Plan No. 14.
5. National Environmental Policy Act of 1969
Implementation of the Recovery Act will utilize existing
environmental review compliance requirements in accordance with its
statutory and regulatory obligations. The Agency's respective
environmental policies and procedures are codified in 7 CFR Part 1940,
Subpart G and 7 CFR Part 1794 as applicable. All relevant environmental
compliance requirements are integrated in the above regulations,
including the National Environmental Policy Act, National Historic
Preservation Act and Endangered Species Act compliance processes.
All program applicants are required to integrate environmental
factors, along with other technical and financial considerations, into
early project planning and design. The environmental review process
must be completed, including all public notice requirements prior to
funding any proposals.
6. Accountability and Transparency and Responsibility for Informing
Sub-Recipients
Recipients and their sub-recipients must maintain current
registrations in the Central Contractor Registration (https://www.ccr.gov) at all times for which they have active Federal awards
funded with Recovery Act funds. A Dun and Bradstreet Data Universal
Numbering System (DUNS) Number (https://www.dnb.com/us/) is one of the
requirements for registration in the Central Contractor Registration.
All awards will contain the following tracking and documenting
requirements:
Recovery Act Transactions Listed in Schedule of Expenditures of Federal
Awards and Recipient Responsibilities for Informing Sub-Recipients
(a) To maximize the transparency and accountability of funds
authorized under the Recovery Act as required by Congress and in
accordance with 2 CFR 215, subpart 21 and OMB Circular A-102 Common
Rules provisions, recipients agree to maintain records that identify
adequately the source and application of Recovery Act funds.
(b) For recipients covered by the Single Audit Act Amendments of
1996 and OMB Circular A-133, ``Audits of States, Local Governments, and
Non-Profit Organizations,'' recipients agree to separately identify the
expenditures for Federal awards under the Recovery Act on the Schedule
of Expenditures of Federal Awards (SEFA) and the Data Collection Form
(SF-SAC) required by OMB Circular A-133. This shall be accomplished by
identifying expenditures for Federal awards made the under Recovery Act
separately on the SEFA, and as separate rows under Item 9 of Part III
on the SF-SAC by CFDA number, and inclusion of the prefix ``ARRA'' in
identifying the name of the Federal program on the SEFA and as the
first characters in Item 9d of Part III on the SF-SAC.
(c) Recipients agree to separately identify to each sub-recipient
and document at the time of sub-award and at the time of disbursement
of funds, the Federal award number, CFDA number, and amount of Recovery
Act funds. When a recipient awards Recovery Act funds for an existing
program, the information furnished to sub-recipients shall distinguish
the sub-awards of incremental Recovery Act funds from regular sub-
awards under the existing program.
(d) Recipients agree to require their sub-recipients to include
their SEFA information to specifically identify Recovery Act funding
similar to the requirements for the recipient SEFA described above.
This information is needed to allow the recipient to properly monitor
sub-recipient expenditure of Recovery Act funds as well as oversight by
the Federal awarding agencies, Offices of Inspector General and the
Government Accountability Office.
Pursuant to section 1511 of the Recovery Act:
With respect to these funds made available to State or local
governments for infrastructure investments, the Governor, mayor, or
other chief executive, as appropriate, shall certify that the
infrastructure investment has received the full review and vetting
required by law and that the chief executive accepts responsibility
that the infrastructure investment is an appropriate use of taxpayer
dollars. Such certification shall include a description of the
investment, the estimated total cost, and the amount of these funds to
be used, and shall be posted on the Recovery.gov Web site at https://www.recovery.gov. A State or local agency may not receive
infrastructure investment funding from funds made available in the
Recovery Act unless this certification is made and posted.
7. Reporting on Use of the Recovery Funds
Recipients of Federal awards from funds authorized under the
Recovery Act must comply with all reporting requirements outlined in
Section 1512 of the Recovery Act. For purposes of reporting, recipients
of recovery funds from RD must report on sub-recipient activities as
specified below. Not later than 10 days after the end of each calendar
quarter, starting with the quarter ending June 30, 2009, and reporting
by July 10, 2009, the recipient must submit a report to the appropriate
Agency that will be posted to Recovery.gov. Each award will contain the
following reporting requirement:
Reporting and Registration Requirements Under Section 1512 of the
American Recovery and Reinvestment Act, 2009
(a) This award requires the recipient to complete projects or
activities which are funded under the Recovery Act and to report on use
of Recovery Act funds provided through this award. Information from
these reports will be made available to the public.
(b) The reports are due no later than ten calendar days after each
calendar quarter in which the recipient receives the assistance award
funded in whole or in part by the Recovery Act.
(c) Recipients and their sub-recipients must maintain current
registrations in the Central Contractor Registration (https://www.ccr.gov) at all times during which they have active Federal awards
funded with Recovery Act funds. A Dun and Bradstreet Data Universal
Numbering System (DUNS) Number (https://www.dnb.com/us/) is one of the
requirements for registration in the Central Contractor Registration.
(d) The recipient shall report the information described in Section
[[Page 36453]]
1512(c) of the Recovery Act, the reporting instructions and data
elements that will be provided online at https://www.FederalReporting.gov, and ensure that any information that is pre-
filled is corrected or updated as needed.
8. Priority
For Water and Environment, Community Facilities, and Rural Business
programs, 10 percent of funding shall be allocated for assistance in
persistent poverty counties.
9. Whistleblower Protection
Each recipient or sub-recipient awarded funds made available under
the Recovery Act shall promptly refer to the USDA Office of Inspector
General, any credible evidence that a principal, employee, agent,
contractor, sub-recipient, subcontractor, or other person has submitted
a false claim under the False Claims Act or has committed a criminal or
civil violation of laws pertaining to fraud, conflict of interest,
bribery, gratuity, or similar misconduct involving those funds.
Section 1553(a) of the Recovery Act provides protection for
whistleblowers:
Prohibition of Reprisals--An employee of any non-Federal employer
receiving covered funds may not be discharged, demoted, or otherwise
discriminated against as a reprisal for disclosing, including a
disclosure made in the ordinary course of an employee's duties, to the
Board, an inspector general, the Comptroller General, a member of
Congress, a State or Federal regulatory or law enforcement agency, a
person with supervisory authority over the employee (or such other
person working for the employer who has the authority to investigate,
discover, or terminate misconduct), a court or grand jury, the head of
a Federal agency, or their representatives, information that the
employee reasonably believes is evidence of--
(1) Gross mismanagement of an agency contract or grant relating to
covered funds;
(2) A gross waste of covered funds;
(3) A substantial and specific danger to public health or safety
related to the implementation or use of covered funds;
(4) An abuse of authority related to the implementation or use of
covered funds; or
(5) A violation of law, rule, or regulation related to an agency
contract (including the competition for or negotiation of a contract)
or grant, awarded or issued relating to covered funds.
10. Schedule of Expenditures of Federal Awards
Recipients agree to separately identify the expenditures for each
loan and grant award funded under the Recovery Act on the SEFA and the
SF-SAC required by OMB Circular A-133. This identification on the SEFA
and SF-SAC shall include the Federal award number, the CFDA number, and
amount, such that separate accountability and disclosure is provided
for Recovery Act funds by Federal award number consistent with the
recipient reports required by Section 1512(c).
11. Prohibitions
None of the funds appropriated or otherwise made available under
the Recovery Act may be used by any State or local government or any
private entity for any casino or other gambling related establishment,
aquarium, zoo, golf course or swimming pool. This prohibition extends
to all facilities that maintain such establishments. In implementing
this prohibition RD specifically will not finance projects, such as
dwellings and hotels, with swimming pools. (Section 1604 of the
Recovery Act.)
12. Civil Rights
Programs referenced in this notice are subject to applicable Civil
Rights Laws. These laws include the Equal Credit Opportunity Act, Title
VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act
of 1968, as amended in 1988, Section 504 of the Rehabilitation Act of
1973, and the Age Discrimination Act of 1975.
13. Application Procedure
Unless otherwise specified in this Notice, the application
procedure for assistance under this Notice is the same as the regular
application procedure for the particular program for which financial
assistance is requested.
D. Funding Availability
1. Community Facilities (CF) Programs
General. The CF Direct Loan and Grant Programs are designed to
finance and facilitate the development of essential community
facilities servicing rural areas. These facilities include, but are not
limited to, hospitals; medical clinics; elderly care facilities; police
stations and vehicles; fire and rescue stations and vehicles;
vocational and medical rehabilitation centers; and educational
facilities. Funds under this Notice can be used to construct, enlarge
or improve community facilities for health, public safety, and
education. This may include the purchase of equipment or furnishings
required for a facility's operation.
Recovery Act Authorization. Pursuant to the Recovery Act, funding
is available as follows:
CF Direct Loan Funds.................................. $1,136,188,811
Less National Office Reserve.......................... 568,094,811
Allocation to States.................................. 568,094,000
CF Grant Funds........................................ 61,110,000
Less National Office Reserve.......................... 30,553,000
Allocation to States.................................. 30,557,000
Applicable Statutory or Regulatory Authority.
Consolidated Farm and Rural Development Act, Section 306
(7 U.S.C. 1926(a)(1) and (19)).
7 CFR Part 1942, Subpart A, Community Facilities Direct
Loan Program.
7 CFR Part 1942, Subpart C, Fire and Rescue Loans.
7 CFR Part 3570, Subpart B, Community Facilities Grant
Program.
Further Information. The essential community facility must
primarily serve rural areas, be located in a rural area with a
population of 20,000 or less, and the median household income of the
population to be served by the proposed facility must be below the
higher of the poverty line or 90 percent of the State non-metropolitan
median household income. The amount of CF grant funds that a project is
eligible for will be determined in accordance with 7 CFR Part 3570,
Subpart B. CF grant funds will not exceed 75 percent of the total
project cost. Additionally, if other Federal grant assistance is
received, the aggregate of Federal grant assistance may not exceed 75
percent of the total project cost. Rural Development has determined
that it will review and make awards under this NOFA as applications are
received based on the existing criteria in 7 CFR, Part 3570, Subpart B,
and 7 CFR, Part 1942, Subpart A. Applications will be reviewed,
approved, and obligated in the States' Rural Development offices.
2. Single Family Housing (SFH) Programs
General. USDA Rural Development will provide assistance through its
SFH loan program in rural areas as authorized under the Recovery Act.
The SFH loan programs are designed to assist very low, low-income, and
moderate-income households to obtain modest, decent, safe, and sanitary
housing for use as a permanent residence in rural areas.
Recovery Act Authorization. Pursuant to the Recovery Act, funding
is available as follows:
[[Page 36454]]
(a) Section 502 Guaranteed SFH Loans
Guarantees--Purchase............................. $9,849,606,299
Guarantees--Refinance............................ 400,000,000
(1) Purchase--Amount Available for 2009 Recovery Act
Allocation
Amount Available for Allocation.................. 9,849,606,299
Less National Office General Reserve............. 2,849,606,299
Allocation to the States......................... 7,000,000,000
(2) Refinance--Amount Available for 2009 Recovery Act
Allocation
Total Available.................................. 400,000,000
Less National Office General Reserve............. 400,000,000
(b) Section 502 Direct SFH Loans
Amount Available for Allocation.................. 967,113,095
Less National Office General Reserve............. 290,143,000
Allocation to the States......................... 676,979,000
Applicable Statutory or Regulatory Authority.
The Housing Act of 1949 as amended.
7 CFR Part 1980, Subpart D (Guaranteed).
7 CFR Part 3550 (Direct).
Further Information. All SFH programs typically are administered
through field offices. For more information or to request an
application, please contact the Rural Development state office
servicing your area listed in the ADDRESSES section of this notice.
Section 502 Guaranteed SFH Refinance loan funds, however, will be
distributed from the National Office.
All Section 502 loans involving construction or repair costs
greater than $2,000 funded with recovery funds will be subject to the
provisions of the Davis-Bacon Act. The National Office will maintain a
general reserve. These funds will be available to states that exhaust
their Recovery Act allocations.
3. Business & Industry (B&I) Guaranteed Loan Program
USDA Rural Development will provide B&I guaranteed loan funds for
eligible businesses as authorized under the Recovery Act. As program
details are currently under consideration, a separate NOFA will be
issued providing program specifics at a later date.
4. Rural Business Enterprise Grant (RBEG) Program
General. RBS's primary objective is to improve the economic
conditions of rural areas. RBEG funding will be used to support the
development of small and emerging private business enterprises in rural
areas. The USDA Rural Development will administer grant awards made
under the RBEG program and 7 U.S.C. 1932(c) for fiscal years (FYs) 2009
and 2010. RBEG program regulations are in 7 CFR part 1942, subpart G.
Expenses incurred in developing applications will be at the applicant's
risk.
Recovery Act Authorization. Pursuant to the Recovery Act, funding
is available as follows:
Rural Business Enterprise Grants--$19,400,000.
Approximate Number of Awards: Estimate 200;
Average Award: $99,000;
Anticipated Award Date: Ongoing until available funds are expended.
Applicable Statutory or Regulatory Authority.
Consolidated Farm and Rural Development Act, Section 310B
(7 U.S.C. 1932).
7 CFR Part 1942, subpart G.
Dates. RBEG applications will be accepted in the State Offices on a
rolling basis. States will be required to submit applications to the
National Office by local close of business on the last business day of
each month (June 29, July 31 and so forth) until funds are expended.
Further Information. Applicants can obtain grant application
information and submit applications for Rural Business Enterprise
Grants through the grants.gov site at https://www.grants.gov. Users of
grants.gov alternatively may download a copy of the application package
to complete offline. Applications in paper format should be submitted
to the USDA Rural Development State Office where the project is
located. All applicants must have a Dun and Bradstreet Data Universal
Numbering System (DUNS) number which can be obtained at no cost via a
toll-free request line at 1-866-705-5711 or at https://www.dnb.com/us/ us/.
Eligible Projects will be scored, ranked, and submitted to the
Secretary for final selection for Recovery Act funding. Unsuccessful
projects submitted under the Recovery Act will be returned to the
appropriate State Offices for possible funding under the Omnibus
Appropriations Act, 2009.
Matching funds are not required.
5. Water and Environmental Programs (WEP)
This Notice is intended to announce the availability of additional
assistance to be administered through the WEP as authorized under the
Recovery Act, 2009, as follows:
WEP Direct Loans Funds................................ $2,733,515,732
WEP Grant Funds....................................... 924,680,000
Circuit Rider Technical Assistance.................... 14,280,000
USDA Rural Development's WEP provides a wide variety of loan,
grant, and loan guarantee assistance to rural residents, rural
communities and rural utility systems. Funding shall be used for the
cost of direct loans and grants for the rural water, waste water and
waste disposal programs authorized by section 306 and described in
section 381E(d)(2) of the Consolidated Farm and Rural Development Act.
(a) Assistance Available through This Notice.
The Act enables USDA Rural Development to make additional funds
available for WEP with Direct Loans and Grants. Eligible applicants are
public bodies, organizations operated on a not-for-profit basis, Indian
tribes on Federal and State reservations and other Federally-recognized
Indian tribes. These funds will be used to serve rural areas with a
population not in excess of 10,000. Eligible loan and grant purposes
include, but are not limited to, constructing, enlarging, extending or
otherwise improving rural water, sanitary sewage, solid waste disposal
and storm wastewater disposal facilities. None of the borrower and
project eligibility requirements as outlined in 7 CFR part 1780,
including availability of other credit, income or population are waived
under this Notice.
Further details on eligible applicants and projects may be found in
the relevant regulations listed in applicable statutory or regulatory
authority below.
(b) National Environment Policy Act of 1969.
The WEP implementation of the Recovery Act will utilize existing
[[Page 36455]]
environmental review compliance requirements in accordance with its
statutory and regulatory obligations. The agency's environmental
policies and procedures are codified in 7 CFR Part 1794. All relevant
environmental compliance requirements are integrated in the above
regulation, including the National Environmental Policy Act, National
Historic Preservation Act and Endangered Species Act compliance
processes.
All WEP applicants are required to integrate environmental factors,
along with other technical and financial considerations into early
project planning and design. The agency has guidance documents for
applicants posted on the following webpage--https://www.usda.gov/rus/water/ees/bulletin.htm. The environmental review process must be
complete, including all public notice requirements prior to funding any
proposals.
(c) Applicable Statutory or Regulatory Authority.
Title 1 of Division A of the American Recovery and
Reinvestment Act, 2009;
Consolidated Farm and Rural Development Act, Section
306(a)(1), (2) and (22) (7 U.S.C. 1926(a)(1), (2) and (22));
7 CFR Part 1780, Water and Waste Loans and Grants; and
RD Instruction 1940-C, Davis Bacon and Related Acts
(Available in any RD Office).
6. Broadband Direct Loans and Grants
Rural Development anticipates making Direct Broadband loans and
grants available to eligible entities using Recovery Act funds. Further
information regarding Broadband loans and grants will be provided
separately in a subsequent NOFA or a series of NOFAs.
Civil Rights: Programs referenced in this Notice are subject to
applicable Civil Rights Laws. These laws include the Equal Credit
Opportunity Act, Title VI of the Civil Rights Act of 1964, Title VIII
of the Civil Rights Act of 1968, as amended in 1988, Section 504 of the
Rehabilitation Act of 1973 and the Age Discrimination Act of 1975.
Non-Discrimination Statement: The U.S. Department of Agriculture
(USDA) prohibits discrimination in all its programs and activities on
the basis of race, color, national origin, age, disability, and where
applicable, sex, marital status, familial status, parental status,
religion, sexual orientation, genetic information, political beliefs,
reprisal, or because all or part of an individual's income is derived
from any public assistance program. (Not all prohibited bases apply to
all programs.) Persons with disabilities who require alternative means
for communication of program information (Braille, large print,
audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600
(voice and TDD). To file a complaint of discrimination, write to USDA,
Director, Office of Civil Rights, 1400 Independence Avenue, SW.,
Washington, DC 20250-9410, or call (800) 795-3272 (voice), or (202)
720-6382 (TDD). ``USDA is an equal opportunity provider, employer, and
lender.''
Dated: July 17, 2009.
Dallas Tonsager,
Under Secretary.
[FR Doc. E9-17512 Filed 7-22-09; 8:45 am]
BILLING CODE 3410-XY-P
