Broadband Technology Opportunities Program, 3792-3820 [2010-1097]

Agencies

• DEPARTMENT OF COMMERCE
• National Telecommunications and Information Administration

[Federal Register Volume 75, Number 14 (Friday, January 22, 2010)]
[Notices]
[Pages 3792-3820]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1097]



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Part II





Department of Commerce





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National Telecommunications and Information Administration



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Department of Agriculture





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Rural Utilities Service



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Broadband Technology Opportunities Program; Notices

Federal Register / Vol. 75 , No. 14 / Friday, January 22, 2010 / 
Notices

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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

[Docket No. 0907141137-0024-06]
RIN 0660-ZA28


Broadband Technology Opportunities Program

AGENCY: National Telecommunications and Information Administration 
(NTIA), U.S. Department of Commerce.

ACTION: Notice of Funds Availability (NOFA) and solicitation of 
applications.

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SUMMARY: NTIA announces general policy and application procedures for 
the Broadband Technology Opportunities Program (BTOP or Program) that 
the agency established pursuant to the American Recovery and 
Reinvestment Act of 2009 (Recovery Act). BTOP provides grants for 
deploying broadband infrastructure in unserved and underserved areas of 
the United States, enhancing broadband capacity at public computer 
centers, and promoting sustainable broadband adoption projects. In 
facilitating the expansion of broadband communications services and 
infrastructure, BTOP advances the objectives of the Recovery Act to 
spur job creation and stimulate long-term economic growth and 
opportunity.

DATES: All applications for funding BTOP projects must be submitted 
between February 16, 2010, at 8 a.m. Eastern Standard Time (EST) and 
March 15, 2010, at 5 p.m. Eastern Daylight Time (EDT).

ADDRESSES: The application packages for electronic submissions will be 
available at https://www.broadbandusa.gov. See Supplementary Information 
for more details.

FOR FURTHER INFORMATION CONTACT: For general inquiries regarding BTOP 
or questions regarding this NOFA, contact Anthony Wilhelm, Director, 
BTOP, Office of Telecommunications and Information Applications, 
National Telecommunications and Information Administration, U.S. 
Department of Commerce (DOC), 1401 Constitution Avenue, NW., HCHB, Room 
4887, Washington, DC 20230; Help Desk e-mail: BroadbandUSA@usda.gov, 
Help Desk telephone: 1-877-508-8364. Additional information regarding 
BTOP may be obtained at https://www.ntia.doc.gov/broadbandgrants/. For 
inquiries regarding BTOP compliance requirements, including applicable 
Federal rules and regulations protecting against fraud, waste, and 
abuse, contact btopcompliance@ntia.doc.gov. Additional information 
regarding compliance for BTOP may be obtained at https://www.broadbandusa.gov/compliance.htm.

    Authority:  This notice is issued pursuant to the American 
Recovery and Reinvestment Act of 2009, Pub. L. 111-5, 123 Stat. 115 
(2009).

SUPPLEMENTARY INFORMATION:
    Electronic submissions: Electronic submissions of applications will 
allow for the expeditious review of an applicant's proposal consistent 
with the goals of the Recovery Act. As a result, all applicants are 
required to submit their applications electronically at https://applyonline.broadbandusa.gov. The electronic application system will 
provide a date-and-time-stamped confirmation number that will serve as 
proof of submission. Please note that applications will not be accepted 
via paper, facsimile machine transmission, electronic mail, or other 
media format. Applicants, however, may request a waiver of these filing 
instructions pursuant to Section X.N. of this NOFA.
    Catalog of Federal Domestic Assistance (CFDA) Number: Broadband 
Technology Opportunities Program (BTOP)--11.557.

Additional Items in Supplementary Information

    I. Overview: Describes the broadband initiatives in the Recovery 
Act, the first round of funding, and an overview of the next round 
of funding.
    II. Funding Opportunity Description: Provides a more thorough 
description of BTOP and the funding priorities.
    III. Definitions: Sets forth the key statutory terms and other 
terms used in BTOP.
    IV. Award Information: Describes funding availability, grant 
terms, as applicable, and other award information.
    V. Eligibility Information and General Program Requirements: 
Establishes eligibility criteria, eligible and ineligible costs, and 
general program requirements.
    VI. Application and Submission Information: Provides information 
regarding how to apply, application materials, and the application 
process.
    VII. Application Review Information: Establishes the evaluation 
criteria for application review.
    VIII. Anticipated Announcement and Award Dates: Identifies the 
initial announcement date for certain awards and provides other 
information regarding BTOP.
    IX. Award Administration Information: Provides award notice 
information, administrative and national policy requirements, terms 
and conditions, and other reporting requirements for award 
recipients.
    X. Other Information: Sets forth guidance on funding, compliance 
with various laws, confidentiality, discretionary awards, and 
authorized signatures.

I. Overview

A. American Recovery and Reinvestment Act of 2009 (Recovery Act)

    On February 17, 2009, President Obama signed the Recovery Act into 
law.\1\ The essential goal of the Recovery Act is to provide a ``direct 
fiscal boost to help lift our Nation from the greatest economic crisis 
in our lifetimes and lay the foundation for future growth.'' \2\ 
Accordingly, the Recovery Act identifies five overall purposes: To 
preserve and create jobs and promote economic recovery; to assist those 
most impacted by the current economic recession; to provide investments 
needed to increase economic efficiency by spurring technological 
advances in science and health; to invest in transportation, 
environmental protection, and other infrastructure that will provide 
long-term economic benefits; and to stabilize State and local 
government budgets.\3\ The Recovery Act further instructs the President 
and the heads of Federal departments and agencies to manage and expend 
Recovery Act funds to achieve these five purposes, ``commencing 
expenditures and activities as quickly as possible consistent with 
prudent management.'' \4\
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    \1\ American Recovery and Reinvestment Act of 2009, Pub. L. No. 
111-5, 123 Stat. 115 (2009) (Recovery Act).
    \2\ Statement on Signing the American Recovery and Reinvestment 
Act of 2009, Daily Comp. of Pres. Doc., 2009 DCPD No. 00088, at 1 
(Feb. 17, 2009), https://fdsys.gpo.gov/fdsys/pkg/DCPD-200900088/pdf/DCPD-200900088.pdf.
    \3\ Recovery Act sec. 3(a), 123 Stat. at 115-16.
    \4\ See id. Sec. 3(b), 123 Stat. at 116.
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    Consistent with the purposes described above, the Recovery Act 
provides the U.S. Department of Agriculture's Rural Utilities Service 
(RUS) and the National Telecommunications and Information 
Administration (NTIA) with $7.2 billion to expand access to broadband 
services in the United States. In so doing, the Recovery Act recognizes 
the growing importance of access to broadband services to economic 
development and to the quality of life of all Americans.
    The Recovery Act provides $4.7 billion to NTIA to establish the 
Broadband Technology Opportunities Program (BTOP or Program) and 
directs that these funds be awarded by September 30, 2010. This amount 
represents a significant investment to advance President Obama's 
national broadband strategy. Of these funds, at least $200 million will 
be made available for competitive grants for

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expanding public computer center capacity; at least $250 million will 
be made available for competitive grants for innovative programs to 
encourage sustainable adoption of broadband services; and up to $350 
million will be made available to fund the State Broadband Data and 
Development Grant Program (Broadband Mapping Program) authorized by the 
Broadband Data Improvement Act.\5\ The Broadband Mapping Program is 
designed to support the development and maintenance of a nationwide 
broadband map for use by policymakers and consumers.\6\
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    \5\ Pub. L. 110-385, 122 Stat. 4096 (to be codified at 47 U.S.C. 
1301 et seq.).
    \6\ See State Broadband Data and Development Grant Program, 
Notice of Funds Availability and Solicitation of Applications, 74 FR 
32545 (July 8, 2009).
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B. Round One

    In response to the first Notice of Funds Availability (First NOFA), 
RUS and NTIA received almost 2,200 applications requesting nearly $28 
billion in funding for proposed broadband projects reaching all States, 
five territories, and the District of Columbia.\7\ When including about 
$10.5 billion in matching funds committed by the applicants, these 
applications represent more than $38 billion in proposed broadband 
projects. RUS and NTIA received applications from a diverse range of 
parties, including: State, tribal, and local governments; nonprofits; 
industry; small businesses; community anchor institutions such as 
libraries, universities, community colleges, and hospitals; public 
safety organizations; and other entities in rural, suburban, and urban 
areas. Parties submitted more than 830 applications jointly to RUS's 
Broadband Initiatives Program (BIP) and NTIA's BTOP, requesting nearly 
$12.8 billion in infrastructure funding. NTIA received an additional 
260 infrastructure applications that sought only BTOP funding, 
requesting more than $5.4 billion in grants for broadband 
infrastructure projects in unserved and underserved areas. Parties 
submitted more than 360 applications to NTIA requesting more than $1.9 
billion in grants from BTOP for public computer center projects. In 
addition, parties filed more than 320 applications with NTIA requesting 
nearly $2.5 billion in grants from BTOP for projects that promote 
sustainable demand for broadband services.
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    \7\ Notice of Funds Availability and Solicitation of 
Applications, 74 FR 33104 (July 9, 2009).
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    On December 17, 2009, NTIA announced the first set of awards out of 
the $1.6 billion that was allocated for the first round of funding. 
These awards, as well as additional awards announced by Secretary Locke 
on January 13, 2010, totaled approximately $137 million for investments 
in ten broadband projects benefitting ten States.\8\ Of these awards, 
$119 million was dedicated for Middle Mile projects; $15.9 million for 
Public Computer Center projects; and $2.4 million for Sustainable 
Broadband Adoption projects. Additional awards will be announced on a 
rolling basis.
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    \8\ White House Press Release, Vice President Biden Kicks Off 
$7.2 Billion Recovery Act Broadband Program (December 17, 2009), 
available at https://www.whitehouse.gov/the-press-office/vice-president-biden-kicks-72-billion-recovery-act-broadband-program. 
Department of Commerce Press Release, Commerce Secretary Gary Locke 
Announces $7.5 Million Investment to Increase Broadband Access in 
Los Angeles (January 13, 2010), available at https://www.commerce.gov/newsroom/pressreleases_factsheets/prod01_008797.
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C. Round Two

1. Funding Process
    The purpose of this NOFA is to describe the availability of BTOP 
funds for the second round of funding and set forth the application 
requirements for those entities wishing to participate in the Program. 
Applicants are permitted to apply to one or more of the project 
categories. Each application will be screened for initial eligibility. 
Those eligible applications that satisfy the statutory purposes and 
funding priorities will be prioritized and evaluated against objective 
evaluation criteria to determine whether an award may be merited. 
Applications that satisfy the BTOP priorities and score highly when 
evaluated against the objective evaluation criteria will advance to the 
due diligence stage of review, where NTIA may request additional 
information and adjustments to the proposal. From this pool of 
applications, NTIA will select awardees based on the selection factors. 
NTIA anticipates completing this round of funding as quickly as 
possible to maximize the stimulative effect of the Recovery Act. NTIA 
also is committed to transparency and fairness in the award process and 
will require rigorous reporting to ensure prudent stewardship of 
taxpayer funds.
2. Request for Information (RFI)
    To prepare for this round of funding, on November 10, 2009, RUS and 
NTIA released a second joint request for information seeking public 
comment on ways to enhance the applicant experience through targeted 
revisions to the First NOFA.\9\ RUS and NTIA received approximately 225 
comments from institutions and individuals on a wide range of topics, 
and these comments have played an important role in developing this 
NOFA. For further discussion and explanation of NTIA's reliance on the 
public comments in the policy decisions involved in BTOP, see the 
attached Policy Justification found in the Appendix at the end of this 
NOFA.
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    \9\ Joint Request for Information (RFI), 74 FR 58940 (Nov. 16, 
2009).
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3. Project Categories
    For this round of funding, NTIA will award grants in three 
categories of eligible projects: Comprehensive Community Infrastructure 
(CCI), Public Computer Centers (PCC), and Sustainable Broadband 
Adoption (SBA).\10\ The CCI category will focus on Middle Mile 
broadband infrastructure projects that offer new or substantially 
upgraded connections to community anchor institutions, especially 
community colleges. The PCC category will help expand public access to 
broadband service and enhance broadband capacity at entities that 
permit the public to use these computing centers, such as community 
colleges and public libraries.\11\ The SBA category will fund 
innovative projects that promote broadband demand, including projects 
focused on providing broadband education, awareness, training, access, 
equipment, or support, particularly among vulnerable population groups 
that traditionally have underutilized broadband technology.\12\
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    \10\ See Recovery Act Div. A, Tit. II, 123 Stat. at 128.
    \11\ Id. Div. A, Tit. II & sec. 6001(b)(3), 123 Stat. at 128, 
512-13.
    \12\ Id. Div. A, Tit. II & sec. 6001(b)(5), 123 Stat. at 128, 
513.
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    NTIA plans to award all remaining BTOP grants funded by the 
Recovery Act in this round of funding. Approximately $2.6 billion of 
program-level funding has been allocated to this NOFA by NTIA. NTIA 
intends to award approximately $2.35 billion for CCI projects, at least 
$150 million for PCC projects, and at least $100 million for SBA 
projects.
4. Changes From the First NOFA
    Based on the comments received in response to the second RFI and 
the experience gained from administering the first round of funding, 
NTIA is making a number of changes to the Program. The goals of these 
changes are to increase efficiency, sharpen the Program's funding 
focus, and improve the applicant experience.
    In the first round, RUS and NTIA issued a joint BIP/BTOP NOFA to

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promote coordination between these programs. The agencies gave 
applicants the option to file a single application for infrastructure 
projects for both programs. For the second round of funding, RUS and 
NTIA have decided to issue separate NOFAs for BIP and BTOP to better 
promote each agency's distinct objectives. The joint application 
process was burdensome for some applicants. Therefore, RUS and NTIA 
have eliminated the option of allowing applicants to file a single, 
joint BIP/BTOP application in the second funding round in favor of 
separate applications.
    NTIA has sought to bring further leverage to Federal funds by 
giving additional consideration to projects that propose to contribute 
a non-Federal cost share/match that equals or exceeds 30 percent of the 
total eligible costs of the project.
    In addition, NTIA is adopting a ``comprehensive communities'' 
approach to award BTOP grants for infrastructure projects that 
emphasize Middle Mile broadband capabilities and new or substantially 
upgraded connections to community anchor institutions to maximize the 
benefits of BTOP funds. In adopting this approach, NTIA has 
restructured the Broadband Infrastructure category of the First NOFA 
into the CCI category for this second round of funding.
    Further, NTIA has implemented other targeted changes to several 
Program provisions. In particular, NTIA has reduced the number of 
BTOP's eligibility factors to just three criteria--eligible entities, 
fully completed application, and matching--which will be used to 
determine whether an application is eligible for consideration. NTIA 
has further streamlined the eligibility review by removing the budget 
reasonableness and technical feasibility factors from the eligibility 
requirements, because these categories are more effectively evaluated 
during the expert review and due diligence phases of application 
consideration. NTIA also has changed the number of expert reviewers 
from at least three to at least two in order to make the expert review 
process as efficient as possible, without impacting the rigor of 
review. NTIA will review CCI applications according to the priorities 
established in Section II.B. Additionally, NTIA has clarified the 
process for requesting waivers from several key statutory and 
programmatic obligations, including the matching fund requirement, Last 
Mile coverage obligation, and restriction on the sale or lease of 
project assets.
    With respect to the application, NTIA will now collect the 
information most essential to project review in the application itself, 
with the option to collect additional data during the due diligence 
review, as needed. In addition, NTIA has made numerous adjustments to 
the online application system to streamline the intake of information 
and reduce applicant burden. In particular, NTIA has reduced the 
overall number of attachments to the applications. It also has 
separated the BTOP infrastructure application from the BIP 
infrastructure application and separated the PCC application from the 
SBA application. Moreover, it has eliminated the proposed funded 
service area mapping tool and modified the service area delineations 
from Census blocks to Census tracts and block groups. NTIA also has 
made it easier for applicants filing applications in multiple project 
categories to link these applications, in furtherance of NTIA's focus 
on comprehensive communities.

II. Funding Opportunity Description

A. Statutory Purposes

    Section 6001 of the Recovery Act establishes a national broadband 
service development and expansion program to promote five core 
purposes:
    a. To provide access to broadband service to consumers residing in 
unserved areas of the country;
    b. To provide improved access to broadband service to consumers 
residing in underserved areas of the country;
    c. To provide broadband education, awareness, training, access, 
equipment, and support to: (i) Schools, libraries, medical and 
healthcare providers, community colleges and other institutions of 
higher learning, and other community support organizations; (ii) 
organizations and agencies that provide outreach, access, equipment, 
and support services to facilitate greater use of broadband services by 
vulnerable populations (e.g., low-income, unemployed, aged); or (iii) 
job-creating strategic facilities located in State- or Federally-
designated economic development zones;
    d. To improve access to, and use of, broadband service by public 
safety agencies; and
    e. To stimulate the demand for broadband, economic growth, and job 
creation.\13\
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    \13\ See id. Sec. 6001(b), 123 Stat. at 512-13.
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B. BTOP Priorities

    All projects funded under BTOP must advance one or more of the five 
statutory purposes outlined above. The Program is designed to extend 
broadband access to unserved areas, improve access to underserved 
areas, and expand broadband access to a wide range of institutions and 
individuals, including vulnerable populations. It will seek to serve 
the highest priority needs for Federal investment--particularly 
projects that offer the potential for economic growth and job creation. 
The Program will support viable, sustainable, and scalable projects.
1. Comprehensive Community Infrastructure Projects
a. Background
    In the first funding round, NTIA solicited Broadband Infrastructure 
applications in two categories, Last Mile and Middle Mile. Last Mile 
projects were defined as any infrastructure project the predominant 
purpose of which is to provide broadband service to end users or end-
user devices. Middle Mile projects were defined as any broadband 
infrastructure project that does not predominantly provide broadband 
service to end users or to end-user devices and that may include 
interoffice transport, backhaul, Internet connectivity, or special 
access. Middle Mile projects funded to date in Round One also included 
expanding and enhancing broadband services for community anchor 
institutions such as schools, libraries, colleges and universities, 
medical and healthcare providers, public safety entities, and other 
community support organizations.
    Recognizing the significant importance of Middle Mile 
infrastructure to improving broadband capabilities for consumers 
residing in unserved and underserved areas of the nation, NTIA has 
awarded a significant portion of funds in the first round of funding to 
Middle Mile projects, particularly those that connect a significant 
number of community anchor institutions. Such projects provide 
substantial benefits, including enhancing broadband service for 
community anchor institutions, facilitating the development of Last 
Mile broadband services in unserved and underserved areas, and 
promoting economic growth.
b. CCI Funding Priorities
    In this round of funding, NTIA seeks to focus on Middle Mile 
projects by adopting a ``comprehensive communities'' approach to 
awarding BTOP infrastructure grants. Under this approach, priority will 
be given to CCI projects that include a Middle Mile component and 
satisfy certain

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additional considerations.\14\ This prioritization will be used for the 
sequencing of applications for the objective merit review performed by 
expert reviewers.\15\ In particular, the highest priority for merit 
review will be given to CCI applications that satisfy all of the 
criteria below. Note that the application evaluation process will 
continue to consider additional factors, including, for example, the 
degree to which the projects will benefit consumers residing in 
unserved or underserved areas, the participation of an Indian Tribe or 
socially and economically disadvantaged small business concern as 
defined under Section 8(a) of the Small Business Act (as modified by 
NTIA's adoption of an alternative small business concern size standard 
for use in BTOP),\16\ and the ability of a project to leverage funding 
from another Recovery Act program or other State or Federal development 
program.\17\ In order of importance, the CCI priority criteria are set 
forth as follows:
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    \14\ Consistent with the terms of the Recovery Act, in this 
funding round NTIA will not fund Middle Mile projects in areas that 
RUS has already funded with Middle Mile awards made through BIP.
    \15\ See Department of Commerce (DOC) Grants and Cooperative 
Agreements Interim Manual (Grants Manual), ch. 8, secs. B.1.c. and 
B.3 (June 21, 2007) (available at https://oam.ocs.doc.gov/GMD_updated-doc.html).
    \16\ 15 U.S.C. 637(a)(4). NTIA sought the Small Business 
Administration's approval to adopt a $40 million alternative small 
business size standard for BTOP. The Small Business Administration 
issued a letter approving the use of this alternative size standard 
of $40 million to define a small business concern for purposes of 
BTOP.
    \17\ See infra Section VII.A.1.
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    (1) Projects that will deploy Middle Mile broadband infrastructure 
with a commitment to offer new or substantially upgraded service to 
community anchor institutions. Those projects proposing to serve a 
significant number of community anchor institutions that have expressed 
a demand or indicated a need for access or improved access to broadband 
service will receive higher priority;
    (2) Projects that will deploy Middle Mile broadband infrastructure 
and incorporate a public-private partnership among government, non-
profit and for-profit entities, and other key community stakeholders, 
particularly those that have expressed a demand or indicated a need for 
access or improved access to broadband service;
    (3) Projects that will deploy Middle Mile broadband infrastructure 
with the intent to bolster growth in economically distressed areas;
    (4) Projects that will deploy Middle Mile broadband infrastructure 
with a commitment to serve community colleges that have expressed a 
demand or indicated a need for access or improved access to broadband 
service;
    (5) Projects that will deploy Middle Mile broadband infrastructure 
with a commitment to serve public safety entities that have expressed a 
demand or indicated a need for access or improved access to broadband 
service;
    (6) Projects that will deploy Middle Mile broadband infrastructure 
that includes (i) a Last Mile infrastructure component in unserved or 
underserved areas; or (ii) commitments or non-binding letters of intent 
from one or more Last Mile broadband service providers.\18\ For Last 
Mile infrastructure components in rural areas, however, the additional 
costs of the Last Mile component used to offer service to residential 
consumers and non-community anchor institutions may not exceed more 
than 20 percent of the total eligible costs of the project; and
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    \18\ Consistent with the terms of the Recovery Act, in this 
funding round NTIA will not fund Last Mile projects in areas that 
RUS has already funded with Last Mile awards made through BIP.
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    (7) Projects that will deploy Middle Mile broadband infrastructure 
and propose to contribute a non-Federal cost match that equals or 
exceeds 30 percent of the total eligible costs of the project.
    To the extent that a CCI applicant with a Middle Mile component 
does not address all of the criteria set forth above (i.e., criteria 
(1)-(7)), NTIA will prioritize those applications remaining for merit 
review in the order that they satisfy the most highly-ranked criteria 
(i.e., applications satisfying criteria (1)-(6) will be sequenced for 
merit review, then applications satisfying (1)-(5), then (1)-(4), then 
(1)-(3), then (1)-(2) respectively, and, finally, applications that 
satisfy only the first criterion). All other CCI applicants with a 
Middle Mile component, that is, those that do not satisfy the first 
criterion identified above, will be next in priority for merit review.
c. ``Comprehensive Communities'' Policy Rationale
    The ``comprehensive communities'' approach, with its focus on the 
deployment of Middle Mile broadband facilities and the provision of new 
or substantially upgraded connections to community anchor institutions 
as its centerpiece, will provide a number of benefits to the public and 
taxpayers. ``Comprehensive communities'' projects can leverage 
resources and better ensure sustainable community growth and 
prosperity. These projects also can create consumer demand and lay the 
foundation for the ultimate provision of reasonably priced end-user 
broadband services in unserved and underserved communities. Open and 
nondiscriminatory CCI projects funded by BTOP will enable other service 
providers to serve the community.\19\ Once Middle Mile facilities are 
built, the costs of providing services to a broad array of end users 
are reduced. Much like the interstate highways that link together the 
nation's roads and streets, Middle Mile broadband facilities play a 
critical role in the healthy functioning of the nation's broadband 
infrastructure and are a necessary foundation for the ultimate 
provision of affordable end-user broadband services in unserved and 
underserved communities.
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    \19\ See Recovery Act sec. 6001(j), 123 Stat. at 515.
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    Expanding Middle Mile broadband service not only enhances the 
availability and affordability of end-user broadband connectivity for 
consumers and businesses, it also increases the effectiveness of 
community anchor institutions in fulfilling their missions. Schools, 
libraries, colleges and universities, medical and healthcare providers, 
public safety entities, and other community support organizations 
increasingly rely on high-speed Internet connectivity to serve their 
constituencies and their communities. Expanding broadband capabilities 
for community anchor institutions will result in substantial benefits 
for the entire community, delivering improved education, healthcare, 
and economic development.
    CCI projects are also job-intensive and pave the way for a ripple 
effect of economic development throughout the communities they touch. 
Focusing the awards in this funding round on CCI projects that provide 
high-speed Middle Mile networks to connect community anchor 
institutions, including community colleges, or benefit consumers 
residing in unserved or underserved areas will maximize the benefits of 
Recovery Act dollars and lay a foundation for economic development for 
years to come.\20\
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    \20\ See National Economic Council, Recovery Act Investments in 
Broadband: Leveraging Federal Dollars to Create Jobs and Connect 
America (Dec. 2009), available at https://www.whitehouse.gov/sites/default/files/20091217-recovery-act-investments-broadband.pdf.
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d. Relationship to BIP
    Although BIP and BTOP no longer will offer a joint application, RUS 
and NTIA continue to collaborate to maximize the impact of available 
Federal funding, to best leverage the experience and expertise of each 
agency, and to avoid geographic overlap

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in projects funded by the two agencies (as required by the Recovery 
Act).\21\ To accomplish these objectives, NTIA strongly recommends that 
CCI applicants that are currently RUS loan or grant recipients as well 
as any CCI applicant whose project will include a Last Mile service 
area that is at least 75 percent rural apply to BIP for funding. 
Applications from such applicants will not be viewed favorably by NTIA 
and will not be a funding priority.
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    \21\ Recovery Act Tit. I, 123 Stat. at 118.
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e. Exclusive Last Mile Projects
    As explained above, priority will be given to CCI projects that 
include a Middle Mile component. While a CCI project may exclusively 
contain a Last Mile component, it will only be considered for merit 
review and funding after all projects with a Middle Mile component have 
been considered.
2. Public Computer Centers (PCC)
    In this funding round, consistent with the Recovery Act, NTIA will 
fund PCC projects. These projects provide broadband access to the 
general public or a specific vulnerable population and must either 
create or expand a public computer center or improve broadband service 
or connections at a public computer center, including those at 
community colleges, that meets a specific public need for broadband 
service. PCC projects are a logical complement to CCI projects, because 
they are uniquely positioned to serve many members of a community with 
computer equipment, computer training, job training, and access to job 
and educational resources that might not otherwise be available.
3. Sustainable Broadband Adoption (SBA)
    Consistent with the Recovery Act and the promotion of BTOP's five 
core objectives, NTIA also will fund SBA projects. The SBA program is 
designed to fund innovative projects that promote broadband demand, 
especially among vulnerable population groups where broadband 
technology traditionally has been underutilized. Broadband technology 
has reshaped the way our nation functions, and NTIA recognizes that 
broadband adoption projects strive to ensure that as much of the 
population as possible has opportunities, abilities, and resources to 
thrive in today's society. With projects focusing on broadband 
awareness, access, training, and education, barriers to broadband 
adoption can be overcome, fostering educational and business 
opportunities and a more competitive country as a whole. NTIA, 
therefore, seeks SBA projects that, after establishing a subscribership 
baseline in a given community, demonstrate a clear ability to measure 
and sustain the expected increase in broadband adoption without ongoing 
Federal grant assistance, so that the nation will continue to see the 
benefits of these projects well after the period of performance for the 
grant award has ended.

C. Application Review and the Selection Process

1. Initial Review
    NTIA will conduct an initial review of applications to determine 
whether they meet the eligibility requirements set forth in Section 
V.A. through V.C. of this NOFA. These requirements are mandatory, and 
applicants that fail to meet them will not have their applications 
considered further.
2. Scoring Applications
    Subsequent to this initial eligibility review, applications will be 
separated into the three project categories. For PCC and SBA projects, 
applications will receive an Evaluation Criteria Review score by at 
least two objective expert reviewers who may be Federal employees or 
non-Federal persons. For CCI projects, program staff will prioritize 
the applications for the Evaluation Criteria Review based on the BTOP 
priorities set forth in Section II.B., and then the applications will 
be evaluated in priority order by at least two objective expert 
reviewers who may be Federal employees or non-Federal persons. No 
consensus advice will be provided by the non-Federal expert reviewers.
    Reviewers will be selected based on their expertise in: (i) 
Analyzing a business or organizational model pursuant to BTOP purposes; 
(ii) designing, funding, constructing, or operating broadband networks 
or public computer centers; (iii) broadband-related outreach, training, 
or education; (iv) innovative programs to increase the demand for 
broadband services; or (v) other broadband-related functions or 
activities. Reviewers will evaluate applications against the evaluation 
criteria provided in this NOFA and independently score each 
application. Reviewer scores will be averaged and NTIA will establish 
thresholds that will be used to determine which applications are 
considered ``highly qualified.'' Highly qualified applications may be 
considered further for an award by NTIA Program staff and given a ``due 
diligence'' review. For CCI projects, priority in due diligence 
processing will be given to applications that best conform to BTOP 
priorities as expressed in Section II.B.1.b of this NOFA.
3. State and Tribal Consultation
    The Recovery Act authorizes NTIA to consult with States, 
territories, possessions, and the District of Columbia (``States'') 
regarding the identification of unserved and underserved areas within 
their borders and the allocation of grant funds to projects in or 
affecting their State.\22\ After the application deadline, NTIA will 
invite each State, via its Governor, to provide input on those 
geographic areas within the State for which NTIA should give priority 
in selecting projects for funding. States may, if they wish, comment on 
specific BTOP applications that propose to serve areas within their 
jurisdiction, regardless of the size or geographic scope of the project 
and, at their discretion, provide an explanation for why certain 
applications meet the greatest needs of the State. NTIA also will 
extend the invitation to tribal entities to comment upon applications 
that propose to serve tribal communities in an effort to fund projects 
that best meet the needs of their tribal lands.
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    \22\ Recovery Act sec. 6001(c), 123 Stat. at 513.
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    NTIA will share data that are available on the publicly searchable 
application database with each relevant State and tribe. States and 
tribes that wish to review additional information regarding 
applications proposing to serve areas within their jurisdiction may 
request such information from applicants directly. States and tribes 
will not be required to rank or comment on BTOP applications in order 
for applications affecting their areas to receive funding. The input of 
States and tribes is consultative in nature and, while extremely 
valuable, constitutes only one among several factors the Selecting 
Official, the Assistant Secretary, weighs when evaluating applications. 
States or tribes will not have the ability to veto any particular 
project. States and tribes will have no less than 20 calendar days from 
the date of notification to submit their comments to NTIA. NTIA will 
make the comments of the States and tribes publicly available at https://www.broadbandusa.gov. Accordingly, States and tribes should not 
include in their comments to NTIA any information that is deemed 
confidential and proprietary.
4. Due Diligence Review
    During due diligence review, applicants may be asked to submit 
additional information, as appropriate,

[[Page 3797]]

to clarify or to further substantiate the representations made in their 
applications. The supplemental information, along with all information 
submitted with the application, will be reviewed and analyzed by NTIA 
Program staff to confirm eligibility and evaluate the applications with 
respect to general Program requirements, the appropriate Federal share 
of the project, evaluation criteria, and selection factors. Applicants 
whose supporting documents are not timely filed or who do not 
adequately substantiate the representations in their applications may 
be rejected. NTIA may, at its discretion, request supplemental 
documentation before deciding to reject such applications and re-
evaluate the application package based on all of the information 
presented.
    At any time during the application review process, NTIA reserves 
the right to discuss with the applicant specific modifications to the 
application to resolve any differences that may exist between the 
applicant's original request and NTIA's determination of eligible costs 
and funding priorities, including, for example, the right to adjust the 
Federal share of the project. Note that it is NTIA's intent to fund 
only the portion of the project that satisfies Program purposes and is 
justified based on an analysis of anticipated costs and revenues. 
Specifically, pursuant to the Recovery Act requirement that applicants 
demonstrate that a project would not have been implemented during the 
grant period without Federal assistance, NTIA may seek to adjust the 
amount of funds made available for the Federal share of the project to 
a level warranted based on this ``but for'' test.\23\ Not all 
applicants contacted necessarily will receive a BTOP award. Upon 
completion of due diligence, NTIA Program staff will summarize their 
analysis for each application reviewed.
---------------------------------------------------------------------------

    \23\ See Recovery Act sec. 6001(e)(3), 123 Stat. at 514.
---------------------------------------------------------------------------

5. The Selection Process
    The Director of BTOP (BTOP Director) will prepare and present a 
package or packages of recommended grant awards to the Associate 
Administrator for the Office of Telecommunications and Information 
Applications (OTIA Associate Administrator), or his/her designee, for 
review and approval. The BTOP Director's recommendations and the OTIA 
Associate Administrator's review and approval will consider the 
following selection factors:
    a. The Evaluation Criteria Review score of the objective expert 
reviewers;
    b. The analysis of NTIA Program staff;
    c. Satisfaction of the statutory purposes and BTOP priorities set 
forth in Section II.;
    d. The extent to which the non-Federal cost match equals or exceeds 
30 percent of the total eligible costs of the project;
    e. The geographic distribution of the proposed grant awards (e.g., 
ensuring that, to the extent practical, NTIA awards not less than one 
grant in each State as set forth in the Recovery Act);
    f. The range of technologies and uses of the technologies employed 
by the proposed grant awards;
    g. Avoidance of redundancy, duplication, and conflicts with the 
initiatives of other Federal agencies, including Department of 
Agriculture loan and grant programs for broadband services, applicable 
universal service programs authorized by the Federal Communications 
Commission, and, to the extent practical, avoidance of unjust 
enrichment; \24\
---------------------------------------------------------------------------

    \24\ Recovery Act sec. 6001(h)(2)(D), 123 Stat. at 515.
---------------------------------------------------------------------------

    h. The availability of funds;
    i. If applicable, the comments of States, including, but not 
limited to, such comments as described in their application for the 
Broadband Mapping Program or as subsequently provided to NTIA either on 
their own or along with the submission of State-level broadband maps; 
\25\ and
---------------------------------------------------------------------------

    \25\ Consistent with the Recovery Act, the Broadband Mapping 
Program provides participating States the opportunity to identify 
unserved and underserved areas in their State.
---------------------------------------------------------------------------

    j. If applicable, the comments of tribal entities.
    Upon approval of the OTIA Associate Administrator or designee, the 
BTOP Director's recommendations then will be presented to the Selecting 
Official. The Assistant Secretary selects the applications for grant 
awards, taking into consideration the BTOP Director's and the OTIA 
Associate Administrator's, or his or her designee's, recommendations 
and the degree to which the application package, taken as a whole, 
satisfies the selection factors described above and the Program's 
statutory purposes and priorities as set forth in Sections II of this 
NOFA. Awards will be made on a rolling basis subject to the 
availability of funds. Unsuccessful applicants will be notified in 
writing.

III. Definitions

    The terms and conditions provided in this NOFA are applicable to 
and for purposes of this NOFA only.
    Applicant means an entity requesting approval of an award under 
this NOFA.
    Assistant Secretary means the Assistant Secretary for 
Communications and Information, National Telecommunications and 
Information Administration, Department of Commerce, or the Assistant 
Secretary's designee.
    Award means a grant made under this NOFA by NTIA.
    Awardee means a grantee.
    Broadband means providing two-way data transmission with advertised 
speeds of at least 768 kilobits per second (kbps) downstream and at 
least 200 kbps upstream to end users, or providing sufficient capacity 
in a Middle Mile project to support the provision of broadband service 
to end users.
    BTOP means the Broadband Technology Opportunities Program, 
administered by NTIA, under the Recovery Act.
    Build-out means the construction or improvement of facilities and 
equipment as specified in the application.
    Community anchor institutions means schools, libraries, medical and 
healthcare providers, public safety entities, community colleges and 
other institutions of higher education, and other community support 
organizations and agencies that provide outreach, access, equipment, 
and support services to facilitate greater use of broadband service by 
vulnerable populations, including low-income, the unemployed, and the 
aged.
    Comprehensive Community Infrastructure (CCI) project means an 
infrastructure project that focuses primarily on providing new or 
substantially upgraded connections to community anchor institutions.
    Economically distressed area means an area that has: (i) A per 
capita income of 80 percent or less of the national average; and (ii) 
an unemployment rate that is, for the most recent 24-month period for 
which data are available, at least one percent greater than the 
national average unemployment rate.\26\
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    \26\ This definition is derived from regulations adopted by the 
Economic Development Administration, U.S. Department of Commerce, 
regarding the Public Works and Economic Development Act of 1965, as 
amended. See 13 CFR 301.3.
---------------------------------------------------------------------------

    Forecast period means the time period used by NTIA to determine if 
an application is financially feasible. Financial feasibility of an 
application is based on eight-year projections.
    GAAP means generally accepted accounting principles.
    Grant agreement means the agreement between NTIA and the grantee 
for grants awarded under this NOFA, including

[[Page 3798]]

any amendments thereto, setting forth the binding terms and conditions 
relating to Federal funding under BTOP. Sample grant agreements are 
available for review at https://www.broadbandusa.gov or https://www.ntia.doc.gov.
    Grant funds means Federal funds provided pursuant to a grant made 
under this NOFA.
    Grantee means the prime recipient of a grant under this NOFA.
    Last Mile means those components of a CCI project that provide 
broadband service to end-user devices through an intermediate point of 
aggregation. That is, in most cases, the Last Mile connection goes from 
the end-user device through an intermediate point of aggregation (i.e., 
a remote terminal, fiber node, wireless tower, or other equivalent 
access point) to a primary IP routing entity in a centralized facility 
(i.e., in the central office, the cable headend, the wireless switching 
station, or other equivalent centralized facility). The Last Mile also 
includes equivalent services that, solely because of close proximity 
between the customer and centralized facility, are routed directly to 
the centralized facility. The Last Mile will terminate at, and include, 
the initial customer-facing router or aggregation switch in the 
centralized facility (e.g., a DSLAM, CMTS, RNC, or equivalent) that is 
utilized to deliver Last Mile broadband service.
    Last Mile service area means the service area of a Last Mile 
component of a CCI project, composed of one or more contiguous Census 
block groups \27\ or tracts,\28\ where the applicant is requesting BTOP 
funds to provide broadband service to end-user devices through an 
intermediate point of aggregation and terminating at the initial 
customer-facing router or aggregation switch in the centralized 
facility used to deliver the Last Mile broadband service.
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    \27\ A Census block group is a cluster of Census blocks having 
the same first digit of their four-digit identifying numbers within 
a Census tract. A Census block group is the next level above Census 
block in the geographic hierarchy.
    \28\ Census tracts are small, relatively permanent statistical 
subdivisions of a county. Census tracts are delineated for most 
metropolitan areas (MAs) and other densely populated counties by 
local Census statistical areas committees following Census Bureau 
guidelines (more than 3,000 Census tracts have been established in 
221 counties outside MAs). Census tracts usually have between 2,500 
and 8,000 persons and, when first delineated, are designed to be 
homogeneous with respect to population characteristics, economic 
status, and living conditions. Census tracts do not cross county 
boundaries. The spatial size of Census tracts varies widely 
depending on the density of settlement. Census tract boundaries are 
delineated with the intention of being maintained over a long time 
so that statistical comparisons can be made from Census to Census. 
However, physical changes in street patterns caused by highway 
construction, new development, or other reasons may require 
occasional revisions; Census tracts occasionally are split due to 
large population growth, or combined as a result of substantial 
population decline. See the Census Bureau's Web site at https://www.census.gov for more detailed information on its data gathering 
methodology.
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    Middle Mile means those components of a CCI project that provide 
broadband service from one or more centralized facilities, (i.e., the 
central office, the cable headend, the wireless switching station, or 
other equivalent centralized facility) to an Internet point of 
presence. The Middle Mile includes, among other things, the centralized 
facilities and all of the equipment in those facilities, except for any 
equipment that would qualify as part of a Last Mile component as 
defined in this NOFA.
    Middle Mile service area means the project service area, composed 
of one or more contiguous Census block groups or tracts, where the 
applicant is requesting BTOP funds to provide broadband service from 
one or more centralized facilities, (i.e., the central office, the 
cable headend, the wireless switching station, or other equivalent 
centralized facility) to an Internet point of presence.
    Pre-application expense means any reasonable expense incurred after 
the release of this NOFA up to the issuance of the grant award from 
NTIA to prepare an application. These expenses include engineering 
costs, accountant or other consultant fees, and costs related to 
developing the proposal. Lobbying costs and contingency fees are not 
included as pre-application expenses.
    Proposed funded service area means the total service area of a CCI 
project where broadband service will be provided.
    Public computer center means a place, including but not limited to 
community colleges, libraries, schools, youth centers, employment 
service centers, Native American chapter houses, community centers, 
senior centers, assistive technology centers for people with 
disabilities, community health centers, and Neighborhood Network 
Centers in public housing developments, that provide broadband access 
to the general public or a specific vulnerable population, such as low-
income, unemployed, aged, children, minorities, and people with 
disabilities.
    Recipient means any entity that receives Recovery Act funds 
directly from the Federal government (including Recovery Act funds 
received through a grant) other than an individual. This includes a 
State that receives Recovery Act funds.
    Recovery Act means the American Recovery and Reinvestment Act of 
2009, Pub. L. 111-5, 123 Stat. 115 (2009).
    Rural area means any area, as confirmed by the latest decennial 
Census of the U.S. Census Bureau, that is not located within: (i) A 
city, town, or incorporated area that has a population of greater than 
20,000 inhabitants; or (ii) an urbanized area contiguous and adjacent 
to a city or town that has a population of greater than 50,000 
inhabitants. For purposes of the definition of rural area, an urbanized 
area means a densely populated territory as defined in the latest 
decennial Census of the U.S. Census Bureau.
    Socially and Economically Disadvantaged Small Business Concern 
means a firm, together with its controlling interests and affiliates, 
with average gross revenue not exceeding $40 million for the preceding 
three years, and that meets the definition of a socially and 
economically disadvantaged small business concern under the Small 
Business Act.\29\
---------------------------------------------------------------------------

    \29\ 15 U.S.C. 637(a)(4) (as modified by the Small Business 
Administration's approval of NTIA's request to adopt an alternative 
small business concern size standard for use in BTOP).
---------------------------------------------------------------------------

    State means, for purposes of BTOP, a State or political subdivision 
thereof, the District of Columbia, or a territory or possession of the 
United States.
    Sub-recipient means an entity that expends Recovery Act funds 
received through a subaward from a recipient to carry out a Federal 
program but does not include an individual who is a beneficiary of such 
a program.\30\
---------------------------------------------------------------------------

    \30\ Implementing Guidance for Reports on Use of Funds Pursuant 
to the American Recovery and Reinvestment Act of 2009 (OMB M-09-21 
June 22, 2009), available at https://www.whitehouse.gov/omb/assets/memoranda_fy2009/m09-21.pdf.
---------------------------------------------------------------------------

    Tribe means an Indian tribe that has the meaning given that term in 
Section 4(e) of the Indian Self-Determination and Education Assistance 
Act.\31\
---------------------------------------------------------------------------

    \31\ 25 U.S.C. 450b(e).
---------------------------------------------------------------------------

    Underserved area means a Last Mile or Middle Mile service area, 
where at least one of the following factors is met: (i) No more than 50 
percent of the households in the Last Mile or Middle Mile service area 
have access to facilities-based, terrestrial broadband service at 
greater than the minimum broadband transmission speed (set forth in the 
definition of broadband above); (ii) no fixed or mobile terrestrial 
broadband service provider advertises to residential end users 
broadband transmission speeds of at least three megabits per second 
(``Mbps'') downstream in the Last Mile or Middle Mile service area; or 
(iii) the rate of terrestrial broadband subscribership for the Last 
Mile or Middle Mile service area is 40 percent of households or less.

[[Page 3799]]

An underserved area may include individual Census block groups or 
tracts that on their own would not be considered underserved. The 
availability of or subscribership rates for satellite broadband service 
is not considered for the purpose of determining whether an area is 
underserved.
    Unserved area means a Last Mile or Middle Mile service area where 
at least 90 percent of the households lack access to facilities-based, 
terrestrial broadband service, either fixed or mobile, at the minimum 
broadband transmission speed (set forth in the definition of broadband 
above). An unserved area may include individual Census block groups or 
tracts that on their own would not be considered unserved. A household 
has access to broadband service if the household readily can subscribe 
to that service upon request. The availability of or subscribership 
rates for satellite broadband service is not considered for the purpose 
of determining whether an area is unserved.

IV. Award Information

A. General

    Approximately $2.6 billion in budget authority has been set aside 
for funding opportunities under this NOFA. Publication of this NOFA 
does not obligate NTIA to award any specific project or obligate all of 
the available funds. Based on Round 1 experience, NTIA expects this 
grant round to be very competitive. During Round 1, RUS and NTIA 
received approximately 2,200 applications collectively requesting 
nearly $28 billion in Federal funds.

B. Funding Limits

    Approximately $2.6 billion is available to be awarded under this 
NOFA, which NTIA anticipates will be allocated in the following 
categories:
    a. Approximately $2.35 billion will be made available for CCI 
projects;
    b. At least $150 million will be made available for PCC projects; 
and
    c. At least $100 million will be made available for SBA projects.

C. Repooling

    Subject to the statutory thresholds set forth in the Recovery Act, 
NTIA retains the discretion to divert funds from one category of 
projects to another.

D. Unused Funds

    Funds remaining from the initial round of funding due to BTOP 
funding priorities or any other reason, and unused funds not awarded 
under the Broadband Mapping Program, may be used to augment the BTOP 
funding categories established above.\32\ NTIA reserves the right to 
reopen the application window or release subsequent NOFAs to ensure 
that all funds are awarded by September 30, 2010.
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    \32\ See supra note 6.
---------------------------------------------------------------------------

E. Award Amount

    Given NTIA's Round 1 experience, NTIA expects to make awards within 
the following funding ranges. These ranges are not required minimums 
and maximums, but applicants requesting amounts for projects outside of 
these ranges must provide a reasoned explanation for the variance in 
their project size.

CCI: $5 million-$150 million
PCC: $500,000-$15 million
SBA: $500,000-$15 million

F. Award Period

    All awards under BTOP must be made no later than September 30, 
2010.\33\ While the completion time will vary depending on the 
complexity of the project, grant recipients must substantially complete 
projects supported by this Program no later than two years, and 
projects must be fully completed no later than three years, following 
the date of issuance of the grant award.\34\
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    \33\ Recovery Act sec. 6001(d)(2), 123 Stat. at 513.
    \34\ Id. Sec. 6001(d)(3), 123 Stat. at 513.
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G. Type of Funding Instrument

    The funding instrument will be a grant.

V. Eligibility Information for BTOP

    Applicants must satisfy the eligibility requirements set forth 
below in Sections V.A. through V.C. to qualify for funding. Applicants 
failing to comply with these requirements will not be considered for an 
award.

A. Eligible Entities

1. Applicant Organization
    The following entities are eligible to apply for funding:
    a. States, local governments, or any agency, subdivision, 
instrumentality, or political subdivision thereof;
    b. The District of Columbia;
    c. A territory or possession of the United States;
    d. An Indian tribe (as defined in Section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b));
    e. A native Hawaiian organization;
    f. A non-profit foundation, a non-profit corporation, a non-profit 
institution, or a non-profit association;
    g. Other non-profit entities;
    h. For-profit corporations;
    i. Limited liability companies; and
    j. Cooperative or mutual organizations.
2. BTOP Public Interest Finding
    Section 6001(e)(1)(C) of the Recovery Act authorizes the Assistant 
Secretary to find by rule that it is in the public interest for any 
entity not otherwise encompassed by Section 6001(e)(1) to be eligible 
for a BTOP grant to the extent that such finding will promote the 
purposes of BTOP in a technology neutral manner. Consistent with the 
rationale set forth in the First NOFA,\35\ the Assistant Secretary 
found it to be in the public interest to permit for-profit corporations 
and non-profit entities (not otherwise encompassed by Section 
6001(e)(1)(B)) that are willing to promote the goals of the Recovery 
Act and comply with the statutory requirements of BTOP to be eligible 
for a grant. By adopting this broad approach, the Assistant Secretary 
intended to invite a diverse group of applicants to participate in BTOP 
and to expand broadband capabilities in a technology neutral 
manner.\36\ NTIA will continue to permit these same entities to apply 
for funding in this next round of awards.
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    \35\ See 74 FR at 33134 (July 9, 2009).
    \36\ Recovery Act sec. 6001(e)(1)(C), 123 Stat. at 513; 74 FR at 
33110.
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B. Fully Completed Application

    All applications will be evaluated initially to ensure that they 
are fully complete, certified, and contain all supporting 
documentation.

C. Cost Share/Matching

1. Matching Requirement
    In general, awardees under BTOP are required by statute to provide 
matching funds of at least 20 percent toward the total eligible costs 
of the project unless the Assistant Secretary grants a waiver. For 
costs to be eligible to meet matching requirements, they first must be 
allowable under the grant program. Eligible cost concepts are discussed 
in more detail in Section V.E. of this NOFA. Applicants must document 
in their application their capacity to provide matching funds. NTIA 
will provide up to 80 percent of the total eligible costs of the 
project, unless the applicant petitions the Assistant Secretary for a 
waiver of the matching requirement and that waiver is granted based on 
the applicant's demonstration of financial need, as discussed 
below.\37\
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    \37\ See id. sec. 6001(f), 123 Stat. at 514.
---------------------------------------------------------------------------

    Generally, Federal funds may not be used as a cost match except as 
provided

[[Page 3800]]

by Federal statute.\38\ In-kind contributions, including third party 
in-kind contributions, are non-cash donations to a project that may 
count toward satisfying the non-Federal matching requirement of a 
project's total budget