Rural Business Development Grant, 15665-15673 [2015-06489]
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15665
Rules and Regulations
Federal Register
Vol. 80, No. 57
Wednesday, March 25, 2015
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
Rural Business-Cooperative Service
Rural Housing Service
Rural Utilities Service
Farm Service Agency
7 CFR Parts 1901 and 1942
Rural Business-Cooperative Service
Rural Utilities Service
7 CFR Parts 4280 and 4284
RIN 0570–AA92
Rural Business Development Grant
Rural Business-Cooperative
Service, Rural Housing Service, Rural
Utilities Service and Farm Service
Agency, the U.S. Department of
Agriculture.
ACTION: Interim final rule with request
for comments.
AGENCY:
This Interim Final Rule is
needed to ensure that the Agency will
have a regulation in place to meet the
Congressional mandate established in
Congress in the Agricultural Act of 2014
(2014 Farm Bill). This mandate requires
the Agency to establish a new program
called the Rural Business Development
Grant Program which combines the
former Rural Business Enterprise Grant
and Rural Business Opportunity Grant
programs. The Agency has made no
substantive changes to either the Rural
Business Enterprise Grant or Rural
Business Opportunity Grant programs
when combining these regulations into
the Rural Business Development Grant
program.
Rural Development, Rural BusinessCooperative Service (RBS) is
establishing a new regulation for the
Rural Business Development Grant
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This Interim Final Rule is
effective March 25, 2015. Written
comments on this Interim Final Rule
must be received on or before May 26,
2015.
ADDRESSES: You may submit comments
on this Interim Final Rule by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
You can find the rule by searching the
RIN number 0570–AA92.
• Mail: Submit written comments via
the U.S. Postal Service to the Branch
Chief, Regulations and Paperwork
Management Branch, U.S. Department
of Agriculture, 300 7th Street SW., 7th
Floor, Washington, DC 20024.
• Hand Delivery/Courier: Submit
written comments via Federal Express
Mail or other courier service requiring a
street address to the Branch Chief,
Regulations and Paperwork
Management Branch, U.S. Department
of Agriculture, 300 7th Street SW., 7th
Floor, Washington, DC 20024.
All written comments will be
available for public inspection during
regular work hours at the 300 7th Street
SW., 7th Floor address listed above.
FOR FURTHER INFORMATION CONTACT:
Melvin Padgett or Cindy Mason, Rural
Development, Business Programs, U.S.
Department of Agriculture, 1400
Independence Avenue SW., Stop 3226,
Washington, DC 20250; email:
Melvin.padgett@wdc.usda.gov or
cindy.mason@wdc.usda.gov; at (202)
720–1495 or (202) 690–1433,
respectively.
DATES:
DEPARTMENT OF AGRICULTURE
SUMMARY:
(RBDG) program. The program was
established by the 2014 Farm Bill. The
RBDG Program will combine the Rural
Business Enterprise Grant (RBEG) and
the Rural Business Opportunity Grant
(RBOG) programs. There are no
substantive programmatic changes to
RBEG and RBOG with this
consolidation.
Request
for Comments: The Agency is interested
in receiving comments on all aspects of
the Interim Final Rule. All comments
should be submitted as indicated in the
ADDRESSES section of this preamble. The
Agency is seeking specific comments on
whether or not to utilize this RBDG
regulation to continue to process
television demonstration grants and
regional commission grants which are
SUPPLEMENTARY INFORMATION:
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currently in 7 CFR part 1942, subpart G.
And, whether or not to incorporate
grants for expansion of employment
opportunities for individuals with
disabilities and health care services
which were authorized in the 2008
Farm Bill. The Agency is interested in
considering all factors that affect the
public. Please be sure to include your
rationale for your suggestions.
Additionally, in 2007, Rural
Development published a proposed rule
for RBEG, however, a final rule was
never published. Rural Development
appreciates the comments that were
submitted on the proposed rule, and
requests that reviewers resubmit
comments on this consolidated rule if
they believe they are still valid.
Executive Order 12866, Classification
This rule has been determined to be
not significant for purposes of Executive
Order 12866 and has not been reviewed
by the Office of Management and
Budget (OMB).
Programs Affected
The Catalog of Federal Domestic
Assistance Program number assigned to
the RBDG is 10.351.
Environmental Impact Statement
This document has been reviewed in
accordance with 7 CFR part 1940,
subpart G, ‘‘Environmental Program.’’
Rural Development has determined that
this action does not constitute a major
Federal action significantly affecting the
quality of the human environment and,
in accordance with the National
Environmental Policy Act (NEPA) of
1969, 42 U.S.C. 4321 et seq., an
Environmental Impact Statement is not
required.
Executive Order 12372,
Intergovernmental Consultation
The program is subject to the
provisions of Executive Order 12372,
which requires intergovernmental
consultation with State and local
officials. Consultation will be completed
at the time each grant is made.
Executive Order 12988, Civil Justice
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. The Agency has determined
that this rule meets the applicable
standards provided in section 3 of the
Executive Order. Additionally, (1) all
State and local laws and regulations that
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are in conflict with this rule will be
preempted; (2) no retroactive effect will
be given to the rule; and (3)
administrative appeal procedures, if
any, must be exhausted before litigation
against the Department or its agencies
may be initiated, in accordance with the
regulations of the National Appeals
Division of the U.S. Department of
Agriculture at 7 CFR part 11.
Executive Order 13132, Federalism
The policies contained in this rule do
not have any substantial direct effect on
States, on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of Government. Nor does this rule
impose substantial direct compliance
costs on State and local Governments.
Therefore, consultation with States is
not required.
Regulatory Flexibility Act Certification
Under section 605(b) of the
Regulatory Flexibility Act, 5 U.S.C.
605(b), the Agency certifies that this
rule will not have a significant
economic impact on a substantial
number of small entities. The Agency
made this determination based on the
fact that this regulation only impacts
those who choose to participate in the
program. Small entity applicants will
not be impacted to a greater extent than
large entity applicants.
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Unfunded Mandate Reform Act
This rule contains no Federal
mandates (under the regulatory
provisions of Title II of the Unfunded
Mandates Reform Act of 1995) for State,
local, and Tribal governments, or the
private sector. Thus, this rule is not
subject to the requirements of sections
202 and 205 of the Unfunded Mandates
Reform Act of 1995.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
This executive order imposes
requirements on Rural Development in
the development of regulatory policies
that have Tribal implications or preempt
Tribal laws. As previously noted, the
consolidation of the RBEG and RBOG
programs through the publication of this
Interim Final Rule will not institute any
substantive programmatic changes.
However, since Congress has
legislatively mandated funds to benefit
federally recognized Indian Tribes in
both programs, in the past,
implementation of the RBDG program in
future years may have substantial and
direct effects on one or more Indian
Tribe(s).
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Consequently, the consolidation of
the RBEG and RBOG programs under
the RBDG program was featured in two
Tribal Consultation webinars hosted by
Rural Development in fiscal year (FY)
2014. On April 2, 2014, Rural
Development hosted a Tribal
Consultation webinar and
teleconference that summarized
significant changes to its programs
mandated by the 2014 Farm Bill. During
the webinar, in addition to summarizing
the Farm Bill changes, Rural
Development listed five Farm Bill
provisions that would likely require
further consultation—including the
RBDG program. No objections were
raised by participants to alter that
assumption.
On August 25, 2014, Rural
Development hosted a Tribal
Consultation webinar and
teleconference that covered the
implementation of the RBDG program
and the Strategic Economic and
Community Development (Section
6025) provision in great depth. Again,
no objections were raised by
participants to alter the course of
implementation for either the RBDG
program or Section 6025.
For further information regarding
Rural Development’s past Tribal
Consultation events or Rural
Development’s Tribal Consultation
process, please contact Rural
Development’s Native American
Coordinator at (720) 544–2911 or
AIAN@wdc.usda.gov.
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995, this document
announces the intention of RBS to
request information collection in
support of the RBDG program (7 CFR
part 4280, subpart E). No new
requirements have been added, but it is
the intent of the Agency to combine the
two current Paperwork Reduction Act
packages into one. Until this paperwork
burden is approved, the Agency will
utilize the current RBEG and RBOG
paperwork burdens. These burdens are
approved under 0570–0022 and 0570–
0024 respectively.
Estimate of Burden: Public reporting
burden for this collection of information
is estimated to average 3.0 hours per
response.
Respondents: Nonprofit corporations
and public bodies.
Estimated Number of Respondents:
920.
Estimated Number of Responses per
Respondent: 22.
Estimated Number of Responses:
20,517.
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Estimated Total Annual Burden on
Respondents: 64,773.
Comments on this document must be
received by May 26, 2015 to be assured
of consideration.
E-Government Act Compliance
Rural Development is committed to
complying with the E-Government Act,
to promote the use of the internet and
other information technologies, to
provide increased opportunities for
citizens to access Government
information and services electronically.
Good Cause
Rural Development is publishing this
rule as an interim final rule for good
cause in that:
Rural Development anticipates going
forward that Congress will only be
providing appropriations for RBDG and
not for the RBOG and RBEG programs;
Since the RBEG and RBOG programs
are being merged without substantive
changes, the public will not be
unfamiliar with the new RBDG
provisions; and
Making the RBDG rule an interim
final rule will assure the continuity of
benefits historically provided under the
RBOG and RBEG programs.
Additionally, notice and comment are
not required because of the
Administrative Procedures Act
exceptions for loans and grants at 5
U.S.C. 553(a)(2).
I. Background
Rural Development is charged with
assisting, among other entities, the
startup, expansion, and the continuation
of small and emerging businesses and/
or non-profits in rural communities.
Rural Development supports this
portion of the overall mission through
two grant programs, the RBEG and
RBOG programs.
Rural Development makes RBEGs to
public bodies and non-profit
corporations so that they may assist
small and emerging businesses and/or
non-profits in their communities to
create and support jobs. RBEG funds
may be used to: Acquire or develop
land, buildings, plants, equipment;
access streets and roads, parking areas,
utility extensions, necessary water and
supply and waste disposal facilities;
provide technical assistance; establish
revolving loan funds; and to create,
expand, or operate rural distance
learning programs that provide
educational or job training instruction
related to potential employment or job
advancement to adult students.
RBOG funds are made to public
bodies and non-profit corporations to
assist businesses and/or non-profits in
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their communities. RBOG funds may be
used to assist in the economic
development of rural areas by providing
technical assistance, training, and
planning for business and economic
development.
In February 2014 the United States
Congress passed the 2014 Farm Bill.
This law combined the RBEG and RBOG
programs into one grant program, the
RBDG program. The Congressional
Record emphasizes that the two
programs should continue to operate in
essentially the same manner as they
operated when they were separate grant
programs. Thus, Rural Development is
publishing this Interim Final Rule to
meet the statutory requirements of the
2014 Farm Bill.
Grants made before the
implementation of the RBDG program
will continue to be governed by the
terms of the applicable RBOG and RBEG
regulations in effect at the time the
grants were made together with any
other applicable agreements.
II. Discussion of Changes
The Agency is publishing this Interim
Final Rule to meet the statutory
requirements of the 2014 Farm Bill
including revising the definition of rural
and rural areas to conform to the
Consolidated Farm and Rural
Development Act definition. The 2014
Farm Bill consolidated the RBEG and
RBOG programs into one grant program
while allowing both programs to operate
essentially as they have in the past. The
Agency is soliciting comments to this
new regulation and will consider all
comments received prior to publishing
a Final Rule. Publishing this Interim
Final Rule will permit the Agency to
provide continuous service to rural
small and emerging businesses, nonprofit corporations, and local public
bodies, while requesting input from the
public on their views of this grant
program.
The Agency combined 7 CFR part
1942, subpart G and 7 CFR part 4284,
subpart G into the RBDG rule at 7 CFR
part 4280, subpart E. Rural Development
has also integrated applicable general
provisions of 7 CFR part 4284, subpart
A into the RBDG rule. Essentially, the
Agency did not change any of the
requirements of either program but
blended the two regulations into one
and eliminated duplicative portions so
that there is only one set of
requirements. The Agency also
combined definitions so that the public
has one definition for both programs as
well as blended the scoring
requirements of both former regulations.
Finally, the Agency blended the
application processes into one
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streamlined set of procedures under the
RBDG funding, incorporating the
statutory language of the 2014 Farm Bill
(7 U.S.C. 1932(c)) specifying how the
funding would be split.
The U.S. Department of Agriculture
and the Agency is adopting the new the
U.S. Department of Agriculture grant
regulation at 2 CFR chapter IV for
monitoring and servicing RBDG
funding. If this rule is published prior
to new the U.S. Department of
Agriculture grant regulations being
published and effective, the Agency will
comply with all applicable parts of 2
CFR chapter IV and chapter XXX
including 7 CFR parts 3015, 3016, 3019,
and 3052.
List of Subjects
7 CFR Part 1901
Civil rights, Compliance reviews, Fair
housing, and Minority groups.
7 CFR Part 1942
15667
(16) Rural Business Development
Grants.
*
*
*
*
*
PART 1942—ASSOCIATIONS
3. The authority citation for part 1942
continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1989.
Subpart G—[Removed and Reserved]
4. Remove and reserve subpart G,
consisting of §§ 1942.301 through
1942.350 and Guides 1 and 2 to subpart
G.
■
CHAPTER XLII—RURAL BUSINESSCOOPERATIVE SERVICE AND RURAL
UTILITIES SERVICE, DEPARTMENT
OF AGRIGULTURE
PART 4280—LOANS AND GRANTS
5. The authority citation for part 4280
is revised to read as follows:
■
Business and Industry, Grant
programs—Housing and Community
development, Industrial park, and Rural
areas.
Authority: 5 U.S.C. 301: 7 U.S.C. 940c and
7 U.S.C. 1932(c).
7 CFR Part 4280
Subpart E—Rural Business
Development Grants
Business and Industry, Economic
Development, Grant programs,
Community development, Industrial
Sites, and Rural Areas.
7 CFR Part 4284
Business and Industry, Economic
Development, Grant programs—Housing
and Community development, and
Rural Areas.
For the reasons set forth in the
preamble, chapters XVIII and XLII, title
7, of the Code of Federal Regulations are
being amended as follows:
CHAPTER XVIII—RURAL HOUSING
SERVICE, RURAL BUSINESSCOOPERATIVE SERVICE, RURAL
UTILITIES SERVICE, AND FARM
SERVICE AGENCY, DEPARTMENT OF
AGRICULTURE
PART 1901—PROGRAM-RELATED
INSTRUCTIONS
1. The authority citation for part 1901
is revised to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 40
U.S.C. 442; 42 U.S.C. 1480, 2942.
Subpart E—Civil Rights Compliance
Requirements
2. Amend § 1901.204 by revising
paragraph (a)(16) to read as follows:
■
§ 1901.204
Compliance reviews.
(a) * * *
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■
6. Add subpart E to read as follows:
General
Sec.
4280.401 Purpose.
4280.402 [Reserved]
4280.403 Definitions.
4280.404 Exception authority.
4280.405 Review or appeal rights.
4280.406 Conflict of interest.
4280.407 Statute and regulation references.
4280.408 U.S. Department of Agriculture
(USDA) departmental regulations and
laws that contain other compliance
requirements.
4280.409 [Reserved]
4280.410 Other laws and regulations that
contain compliance requirements for this
program.
4280.411 Forms, guides, and attachments.
4280.412–4280.414 [Reserved]
Rural Business Development Grants
4280.415 Rural Business Development
Grants.
Eligibility
4280.416 Applicant eligibility.
4280.417 Project eligibility.
4280.418–4280.420 [Reserved]
Funding Provisions
4280.421 Term requirement.
4280.422 Joint funding.
4280.423 Ineligible uses of grant funds.
4280.424–4280.426 [Reserved]
Applying for a Grant
4280.427 Application.
4280.428–4280.429 [Reserved]
4280.430 Notification of decision.
4280.431–4280.433 [Reserved]
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Processing and Scoring Application
4280.434 General processing and scoring
provisions.
4280.435 Scoring criteria.
4280.436–4280.438 [Reserved]
Grant Awards and Agreements
4280.439 Grant awards and agreements.
4280.440–4280.442 [Reserved]
Post Award Activities and Requirements
4280.443 Grant monitoring and servicing.
4280.444–4280.447 [Reserved]
4280.448 Transfers and assumptions.
4280.449–4280.499 [Reserved]
4280.500 OMB control number.
General
§ 4280.401
Purpose.
This subpart implements the RBDG
program administered by the Agency.
Grants made under this subpart will be
made to eligible entities for use in
funding various business opportunity
and business enterprise Projects that
serve Rural Areas.
[Reserved]
§ 4280.403
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§ 4280.402
Definitions.
Administrator. The Administrator of
RBS or designees or successors.
Agency. Rural Business-Cooperative
Service (RBS) or successor.
Agriculture Production. The
cultivation, production, growing,
raising, feeding, housing, breeding,
hatching, or managing of crops, plants,
animals or birds, either for fiber, food
for human consumption, or livestock
feed.
Arm’s-length Transaction. The sale,
release, or disposition of assets in which
the title to the property passes to a
ready, willing, and able disinterested
third party that is not affiliated with or
related to and has no security,
monetary, or stockholder interest in the
grantee or transferor at the time of the
transaction.
Business Support Centers. Centers
established to provide assistance to
businesses in such areas as counseling,
business planning, training,
management assistance, marketing
information, and locating financing for
business operations. The centers need
not be located in a Rural Area, but must
provide assistance to businesses located
in Rural Areas.
Departmental Grant Regulations. The
USDA grant regulations at 2 CFR
chapter IV.
Economic Development. The
industrial, business and financial
augmentation of an area as evidenced by
increases in total income, employment
opportunities, value of production,
duration of employment, or
diversification of industry, reduced
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outmigration, higher labor force
participation rates or wage levels or
gains in other measurements of
economic activity, such as land values.
Indian Tribe (Tribal). Indian Tribes on
Federal and State reservations and other
federally recognized Indian Tribal
groups.
Industrial Site. The development of
undeveloped real estate for uses which
will assist Small and Emerging
Businesses.
Long-term. The period of time covered
by the three most recent decennial
censuses of the United States to the
present.
Nonprofit. An entity chartered as a
nonprofit organization under applicable
State or Tribal law.
Other Business Development. Any
business related activity that will assist
Small and Emerging Businesses and
may include but is not limited to
business incubators, business training
centers, and other training activity
which leads directly to Small and
Emerging Business development.
Planning. A process to coordinate
Economic Development activities,
develop guides for action, or otherwise
assist local community leaders in the
Economic Development of Rural Areas.
Priority Communities. Communities
targeted for Agency assistance as
determined by the U.S. Department of
Agriculture Under Secretary for Rural
Development that are experiencing
trauma due to natural disasters or are
undertaking or completing fundamental
structural changes, have remained
persistently poor, or have experienced
Long-Term population decline or job
deterioration.
Project. The result of the use of grant
funds provided under this subpart
through Technical Assistance or
Planning relating to the Economic
Development of a Rural Area; or the
result of the use of program funds (i.e.,
a facility whether constructed by the
applicant or a third party made with
grant funds, Technical Assistance,
startup operating costs, or working
capital). A revolving fund established in
whole or in part with grant funds will
also be considered a Project.
Public Bodies/Government Entity.
Public Bodies include States, counties,
cities, townships, and incorporated
towns and villages, boroughs,
authorities, districts, and education
institutions organized under State and
Federal laws, and Indian Tribes.
Rural and Rural Area. As described in
7 U.S.C. 1991(a)(13)(A) and (D) et seq.
Small and Emerging Business. Any
private and/or Nonprofit business
which will employ 50 or fewer new
employees and has less than $1 million
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in gross revenue; for retail operations,
total sales minus cost of goods sold
minus returns or for a service
organizations, gross revenue minus cost
of providing service or for a
manufacturing operation it will be total
sales minus cost of raw materials minus
the cost of production.
State. Any of the 50 States, the
Commonwealth of Puerto Rico, the U.S.
Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern
Mariana Islands, the Republic of Palau,
the Federated States of Micronesia, and
the Republic of the Marshall Islands.
Technical Assistance. A function
performed for the benefit of a private
business enterprise or a community and
which is a problem solving activity,
such as market research, product and/or
service improvement, feasibility study,
etc., to assist in the Economic
Development of a Rural Area.
§ 4280.404
Exception authority.
The Administrator may make an
exception, on a case-by-case basis, to
any requirement or provision of this
subpart that is not inconsistent with any
authorizing statute or applicable law if
the Administrator determines that
application of the requirement or
provision would adversely affect the
Government’s financial interest.
§ 4280.405
Review or appeal rights.
A person may seek a review of an
Agency decision under this subpart
from the appropriate Agency official
that oversees the program in question or
appeal to the National Appeals Division
in accordance with 7 CFR part 11.
§ 4280.406
Conflict of interest.
(a) General. No conflict of interest or
appearance of conflict of interest will be
allowed. For purposes of this subpart,
Conflict of Interest includes, but is not
limited to, distribution or payment of
grant, guaranteed loan funds, and
matching funds or award of Project
construction contracts to an individual
owner, partner, or stockholder, or to a
beneficiary or immediate family of the
applicant or grantee when the recipient
will retain any portion of ownership in
the applicant’s or grantee’s Project.
Grant and matching funds may not be
used to support costs for services or
goods going to, or coming from, a person
or entity with a real or apparent conflict
of interest. All transactions must be
Arm’s-length Transactions.
(b) Assistance to employees, relatives,
and associates. The Agency will process
any requests for assistance under this
subpart in accordance with 7 CFR part
1900, subpart D.
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(c) Member/delegate clause. No
member of or delegate to Congress shall
receive any share or part of this grant or
any benefit that may arise therefrom; but
this provision shall not be construed to
bar, as a contractor under the grant, a
publicly held corporation whose
ownership might include a member of
Congress so long as the member’s
ownership is less than 10 percent.
§ 4280.407 Statute and regulation
references.
All references to statutes and
regulations are to include any and all
successor statutes and regulations.
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§ 4280.408 U.S. Department of Agriculture
departmental regulations and laws that
contain other compliance requirements.
(a) Departmental regulations. All
funded under this subpart are subject to
the provisions of the Departmental
Regulations, as applicable, which are
incorporated by reference herein.
(b) Equal opportunity and
nondiscrimination. The Agency will
ensure that equal opportunity and
nondiscrimination requirements are met
in accordance with the Equal Credit
Opportunity Act, 15 U.S.C. 1691 et seq.
and 7 CFR part 15d,
‘‘Nondiscrimination in Programs and
Activities Conducted by the United
State Department of Agriculture.’’ The
Agency will not discriminate against
applicants on the basis of race, color,
religion, national origin, sex, marital
status, or age (provided that the
applicant has the capacity to contract);
because all or part of the applicant’s
income derives from any public
assistance program; or because the
applicant has in good faith exercised
any right under the Consumer Credit
Protection Act, 15 U.S.C. 1601 et seq.
(c) Civil rights compliance. Recipients
of grants must comply with the
Americans with Disabilities Act of 1990,
42 U.S.C. 12101 et seq., Title VI of the
Civil Rights Act of 1964, 42 U.S.C.
2000d et seq., and section 504 of the
Rehabilitation Act of 1973, 29 U.S.C.
794. This may include collection and
maintenance of data on the race, sex,
and national origin of the recipient’s
membership/ownership and employees.
The data must be available to conduct
compliance reviews.
(1) Initial compliance reviews will be
conducted by the Agency prior to funds
being obligated.
(2) Grants will require one subsequent
compliance review following Project
completion. This will occur prior to the
last disbursement of grant funds.
(d) Environmental requirements. 7
CFR part 1940, subpart G or successor
regulation applies to this subpart.
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Prospective applicants are advised to
contact the Agency to determine
environmental requirements as soon as
practicable after they decide to pursue
any form of financial assistance directly
or indirectly available through the
Agency.
(1) Any required environmental
review must be completed by the
Agency prior to the Agency obligating
any funds.
(2) The applicant will be notified of
all specific compliance requirements,
including, but not limited to, the
publication of public notices, and
consultation with State Historic
Preservation Offices (or Tribal Historic
Preservation Offices where appropriate)
and the U.S. Fish and Wildlife Service.
(3) A site visit by the Agency may be
scheduled, if necessary, to determine
the scope of the review.
(4) Applications for Technical
Assistance or Planning Projects are
generally excluded from the
environmental review process by
§ 1940.333 of this title provided the
assistance is not related to the
development of a specific site. However,
as further specified in 7 CFR 1940.330,
the grantee for a Technical Assistance
grant, in the process of providing
Technical Assistance, must consider the
potential environmental impacts of the
recommendations provided to the
recipient of the Technical Assistance.
(5) Applicants for grant funds must
consider and document within their
plans the important environmental
factors within the Planning area and the
potential environmental impacts of the
plan on the Planning area, as well as the
alternative Planning strategies that were
reviewed.
(6) Whenever an applicant files an
application that includes a direct
construction Project and a plan, they
must have a separate environmental
evaluation.
(e) Discrimination complaints—(1)
Who may file. Persons or a specific class
of persons believing they have been
subjected to discrimination prohibited
by this section may file a complaint
personally, or by an authorized
representative with USDA, Director,
Office of Adjudication, 1400
Independence Avenue SW.,
Washington, DC 20250.
(2) Time for filing. A complaint must
be filed no later than 180 days from the
date of the alleged discrimination,
unless the time for filing is extended by
the designated officials of USDA or the
Agency.
(f) Uniform Relocation and Real
Property Acquisition Policies Act. All
Projects must comply with the
requirements set forth in 7 CFR part 21.
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15669
(g) Floodplains and wetlands. All
Projects must comply with Executive
Order 11988 ‘‘Floodplain Management’’
and Executive Order 11990 ‘‘Protection
of Wetlands.’’ The applicable
regulations are codified at 44 CFR parts
59 through 80.
§ 4280.409
[Reserved]
§ 4280.410 Other laws and regulations that
contain compliance requirements for this
program.
(a) Equal employment opportunity.
For all construction contracts and grants
in excess of $10,000, the contractor
must comply with Executive Order
11246, as amended by Executive Order
11375, and as supplemented by
applicable Department of Labor
regulations (41 CFR part 60–1). The
applicant is responsible for ensuring
that the contractor complies with these
requirements.
(b) Architectural barriers. All facilities
financed with Zero-Interest Loans that
are open to the public or in which
persons may be employed or reside
must be designed, constructed, or
altered to be readily accessible to and
usable by disabled persons. Standards
for these facilities must comply with the
Architectural Barriers Act of 1968, as
amended, (42 U.S.C. 4151–4157).
(c) Uniform relocation assistance.
Relocations in connection with these
programs are subject to 49 CFR part 24
as referenced by 7 CFR part 21 except
that the provisions in title III of the
Uniform Act do not apply to these
programs.
(d) Drug-free workplace. Grants made
under these programs are subject to the
requirements contained in 2 CFR
chapter IV which implements the DrugFree Workplace Act. RBDG recipients
will be required to certify that it will
establish and make a good faith effort to
maintain a drug-free workplace
program.
(e) Debarment and suspension. The
requirements of 2 CFR chapter IV are
applicable to this program.
(f) Intergovernmental review of
Federal programs. These programs are
subject to the requirements of Executive
Order 12372 and 2 CFR chapter IV.
Proposed Projects are subject to the
State and local government review
process contained in 2 CFR chapter IV.
(g) Restrictions on lobbying. The
restrictions and requirements imposed
by 31 U.S.C. 1352, and 2 CFR chapter
IV, are applicable to these programs.
(h) Earthquake hazards. These
programs are subject to the seismic
requirements of the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701–
7706).
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(i) Affirmative fair housing. If
applicable, the grantee will be required
to comply with the Affirmative Fair
Housing Act (42 U.S.C. 3601–3631 and
24 CFR part 100).
(j) Flood hazard insurance. The RBDG
program is subject to the National Flood
Insurance Act of 1968 and the Flood
Disaster Protection Act of 1973, as
amended by 42 U.S.C. 4001–4129 and 7
CFR part 1806, subpart B.
(k) Uniform administrative
requirements, cost principles, and audit
requirements for Federal awards. The
requirements of 2 CFR chapter IV, or its
successor regulations are applicable to
this program.
(l) Planning and performing
construction and other development.
The requirements of 7 CFR part 1924,
subpart A, or its successor regulations,
are applicable to this program.
(m) Transparency Act. The
requirements of 2 CFR part 170 are
applicable to this program.
§ 4280.411 Forms, guides, and
attachments.
All forms, guides, and attachments
referenced in this subpart are available
online at: https://forms.sc.egov.usda.gov/
eForms/ or in any Rural Development
State office.
§§ 4280.412–4280.414
[Reserved]
Rural Business Development Grants
§ 4280.415
Grants.
Rural Business Development
Sections 4280.416 through 4280.439
identify the provisions that the Agency
will use for making awards for Rural
Business Development Grants.
Eligibility
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§ 4280.416
Applicant eligibility.
To receive an RBDG under this
subpart, an applicant must meet the
requirements specified in paragraphs (a)
through (e) of this section. If an award
is made to an applicant, that applicant
(grantee) must continue to meet the
requirements specified in this section. If
the grantee does not, then grant funds
may be recovered from the grantee by
the Agency in accordance with
Departmental Regulations.
(a) Type of applicant. The Applicant
must be one of the following:
(1) A Public Body/Government Entity;
(2) An Indian Tribe; or
(3) A Nonprofit entity.
(b) Financial strength and expertise.
The Applicant must have sufficient
financial strength and expertise in
activities proposed in the application to
ensure accomplishment of the described
activities and objectives.
(1) Financial strength will be analyzed
by the Agency based on financial data
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provided in the application. The
analysis will consider the applicant’s
tangible net worth, which must be
positive, and whether the applicant has
dependable sources of revenue or a
successful history of raising revenue
sufficient to meet cash requirements.
(2) Expertise will be analyzed by the
Agency based on the applicant staff’s
training and experience in activities
similar to those proposed in the
application and, if consultants will be
used, on the staff’s experience in
choosing and supervising consultants.
(c) Universal identifier and system for
awards management. Unless exempt
under 2 CFR 25.110, the Applicant
must:
(1) Be registered in the System for
Awards Management (SAM) prior to
submitting an application;
(2) Maintain an active SAM
registration with current information at
all times during which it has an active
Federal award or an application under
consideration by the Agency; and
(3) Provide its Dun and Bradstreet
Data Universal Numbering System
(DUNS) number in each application it
submits to the Agency. Generally, the
DUNS number is included on Standard
Form (SF) 424, ‘‘Application for Federal
Assistance.’’
(d) Delinquent debt. The applicant
must not have any delinquent debt to
the Federal Government. If an applicant
has any delinquent debt to the Federal
Government, the applicant will be
ineligible to receive any funds obligated
under this subpart until the debt has
been paid.
(e) Legal authority and responsibility.
Each Applicant must have the legal
authority necessary to apply for and
carry out the purpose of the grant.
§ 4280.417
Project eligibility.
For a Project to be eligible for funding
under this subpart, the proposed Project
must meet each of the requirements
specified in paragraphs (a) through (e) of
this section.
(a) Types of projects. Grant funds may
be used for Projects identified in either
paragraph (a)(1) of this section, business
opportunity type grants, or paragraph
(a)(2) of this section, business enterprise
type grants. Unless otherwise
announced in a Notice of Solicitation of
Applications, the Agency will set aside
10 percent of its RBDG appropriation for
business opportunity type grants. The
Agency reserves the right to reallocate
funds set aside for business opportunity
type grants to business enterprise type
grants if it becomes apparent to the
Agency that there is insufficient
demand for the funds set aside for the
business opportunity type grants.
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(1) Business opportunity Projects.
Grant funds may be used for business
opportunity Projects that include one or
more of the following activities:
(i) Identify and analyze business
opportunities that will use local rural
materials or human resources. This
includes opportunities in export
markets, as well as feasibility and
business plan studies;
(ii) Identify, train, and provide
Technical Assistance to existing or
prospective rural entrepreneurs and
managers;
(iii) Establish Business Support
Centers and otherwise assist in the
creation of new Rural businesses;
(iv) Conduct local community or
multi-county Economic Development
Planning;
(v) Conduct leadership development
training of existing or prospective adult
rural entrepreneurs and managers;
(vi) Establish centers for training,
technology, and trade that will provide
training to Rural businesses in the
utilization of interactive
communications technologies to
develop international trade
opportunities and markets; or
(vii) Pay reasonable fees and charges
for professional services necessary to
conduct the Technical Assistance,
training, or planning functions.
(2) Business enterprise projects. Grant
funds may be used to finance and/or
develop Small and Emerging Businesses
in Rural Areas including, but not
limited to, the following activities:
(i) Acquisition and development of
land, easements and rights-of-way;
(ii) Construction, conversion,
enlargement, repairs or modernization
of buildings, plants, machinery,
equipment, access streets and roads,
parking areas, utilities, and pollution
control and abatement facilities;
(iii) Provision of loans for startup
operating cost and working capital;
(iv) Reasonable fees and charges for
professional services necessary for the
planning and development of the
Project;
(v) Establishment of a revolving loan
fund to provide financial assistance to
third parties through a loan; and
(vi) Establishment, expansion, and
operation of Rural distance learning
networks or development of Rural
learning programs that provide
educational instruction or job training
instruction related to potential
employment or job advancements for
adult students;
(vii) Provision of Technical
Assistance for Small and Emerging
Businesses, including but not limited to
feasibility studies and business plans;
and/or
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(viii) Provision of Technical
Assistance and training to rural
communities for the purpose of
improving passenger transportation
services or facilities.
(b) Result of projects. (1) For business
opportunity type grants, the Project
must have a reasonable prospect that the
Project will result in the Economic
Development of a Rural Area.
(2) For business enterprise type
grants, the Project must have a
reasonable prospect that it will result in
the development or financing of Small
and Emerging Businesses.
(c) Basis for success or failure. Grants
may be made only when the application
demonstrates a need for the Project and
includes a basis for determining the
success or failure of the Project and
individual major elements of the Project
and outlines procedures that will be
taken to assess the Project’s impact at its
conclusion.
(d) Local and area-wide strategic
plans. Business opportunity type grants
may be made only when the proposed
Project is consistent with any local and
area-wide strategic plans for community
and Economic Development,
coordinated with other Economic
Development activities in the Project
area, and consistent with any Rural
Development State Strategic Plan.
§§ 4280.418–4280.420
[Reserved]
Funding Provisions
§ 4280.421
Term requirement.
A grant may be considered for the
amount needed to assist with the
completion of a proposed Project,
provided that the Project can reasonably
be expected to be completed within 1
full year after it has begun.
§ 4280.422
Joint funding.
To the extent permitted by law,
Agency grant funds may be used jointly
and in proportion with funds furnished
by the grantee or from other sources
including Agency loan funds.
asabaliauskas on DSK5VPTVN1PROD with RULES
§ 4280.423
Ineligible uses of grant funds.
Grant funds may not be used towards
any of the uses identified in paragraphs
(a) through (n) of this section.
(a) Duplicate current services or
substitute support previously provided.
If the current service is inadequate,
however, grant funds may be used to
expand the level of effort or services
beyond what is currently being
provided.
(b) Pay costs of preparing the
application package for funding under
this program or any other program.
(c) Pay costs for any expenses
incurred prior to receipt of a full
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application, except for those permitted
under Departmental Regulations.
(d) Fund political activities.
(e) Pay for assistance to any private
business enterprise which does not
create and/or support jobs in the United
States.
(f) Pay any judgment or debt owed to
the United States.
(g) Fund Agriculture Production
either directly or through horizontally
integrated livestock operations except
for commercial nurseries, timber
operations or limited Agricultural
Production related to Technical
Assistance Projects. The following are
not considered Agriculture Production:
(1) Aquaculture, including
conservation, development, and
utilization of water for aquaculture;
(2) Commercial fishing;
(3) Commercial nurseries engaged in
the production of ornamental plants and
trees and other nursery products such as
bulbs, flowers, shrubbery, flower and
vegetable seeds, sod, and the growing of
plants from seed to the transplant stage;
(4) Forestry, which includes
businesses primarily engaged in the
operation of timber tracts, tree farms,
and forest nurseries and related
activities such as reforestation; or
(5) The growing of mushrooms or
hydroponics.
(h) To finance comprehensive areawide type Planning. This does not
preclude the use of grant funds for
Planning for a given Project.
(i) To make loans when the rates,
terms, and charges for those loans are
not reasonable or would be for purposes
not eligible under 7 CFR part 4274,
subpart D.
(j) For programs operated by cable
television systems.
(k) To fund a part of a Project that is
dependent on other funding unless
there is a firm commitment of the other
funding to ensure completion of the
Project.
(l) To pay for Technical Assistance
that duplicates assistance provided to
implement an action plan funded by the
Forest Service (FS) under the National
Forest-Dependent Rural Communities
Economic Diversification Act for 5
continuous years from the date of grant
approval by the FS. To avoid duplicate
assistance, the grantee shall coordinate
with FS and the Agency to ascertain if
a grant has been made in a substantially
similar geographical or defined local
area in a State for Technical Assistance
under the FS program. The grantee will
provide documentation to FS and the
Agency regarding the contact with each
agency.
(m) Pass through grants. Pass through
grants are for, but not limited to:
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(1) The purchase, refurbishing, or
remodeling of real estate for use as a
business incubator without charging a
fair market rental;
(2) The purchase of equipment for use
by an ultimate recipient without
charging a fair market rental; and
(3) The making of a Revolving Loan
Fund (RLF) loan without taking
appropriate security to reasonably
assure repayment of the loan.
(n) For a Project that would result in
the transfer of existing employment or
business activity more than 25 miles
from its existing location.
§§ 4280.424–4280.426
[Reserved]
Applying for a Grant
§ 4280.427
Application.
Applications for an RBDG grant as
specified in § 4280.417(a)(1) and (2)
must contain the following:
(a) An original and one copy of SF
424, ‘‘Application For Federal
Assistance (For Non-construction);’’
(b) Copies of applicant’s
organizational documents showing the
applicant’s legal existence and authority
to perform the activities under the grant;
(c) A proposed scope of work,
including a description of the proposed
Project, e.g., RLF, Technical Assistance,
Industrial Site, Business Opportunity
and Other Business Development,
details of the proposed activities to be
accomplished and timeframes for
completion of each task, the number of
months duration of the Project, and the
estimated time it will take from grant
approval to beginning of Project
implementation;
(d) A written narrative that includes,
at a minimum, the following items:
(1) An explanation of why the Project
is needed, the benefits of the proposed
Project, and how the Project meets the
grant eligible purposes;
(2) Area to be served, identifying each
governmental unit, i.e. town, county,
etc., to be affected by the Project;
(3) Description of how the Project will
coordinate Economic Development
activities with other Economic
Development activities within the
Project area;
(4) Business to be assisted, if
appropriate, and Economic
Development to be accomplished;
(5) An explanation of how the
proposed Project will result in newly
created, increased, or supported jobs in
the area and the number of projected
new and supported jobs within the next
3 years;
(6) A description of the applicant’s
demonstrated capability and experience
in providing the proposed Project
assistance or similar Economic
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Development activities, including
experience of key staff members and
persons who will be providing the
proposed Project activities and
managing the Project;
(7) The method and rationale used to
select the areas and businesses that will
receive the service;
(8) A brief description of how the
work will be performed including
whether organizational staff or
consultants or contractors will be used;
and
(9) Other information the Agency may
request to assist it in making a grant
award determination;
(e) The latest 3 years of financial
information to show the applicant’s
financial capacity to carry out the
proposed work. If the applicant is less
than 3 years old, at a minimum, the
information should include all balance
sheet(s), income statement(s) and cash
flow statement(s). A current audited
report is required if available;
(f) Intergovernmental review
comments from the State Single Point of
Contact, or evidence that the State has
elected not to review the program under
Executive Order 12372;
(g) Documentation regarding the
availability and amount of other funds
to be used in conjunction with the funds
from the RBDG;
(h) A budget which includes salaries,
fringe benefits, consultant costs, indirect
costs, and other appropriate direct costs
for the Project; and
(i) RBDG construction Project grants
must conform with 7 CFR part 1924,
subpart A requirements.
§§ 4280.428–4280.429
§ 4280.430
[Reserved]
Notification of decision.
When the Agency has determined that
an application is not eligible or that no
further action will be taken, the Agency
will notify the applicant in writing of
the reasons why the application was not
favorably considered and provide any
appeal rights.
§§ 4280.431–4280.433
[Reserved]
Processing and Scoring Applications
asabaliauskas on DSK5VPTVN1PROD with RULES
§ 4280.434 General processing and
scoring provisions.
The Agency will review each
application for assistance in accordance
with the priorities established in
§ 4280.435. The Agency will assign each
application a priority rating and will
select applications for funding based on
the priority ratings and the total funds
available to the program.
(a) Applications. The Agency will
score each application based on the
information contained in the
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application and its supporting
information. All applications submitted
for funding must contain sufficient
information to permit the Agency to
complete a thorough priority rating.
(b) Unfunded applications. The
Agency will notify eligible applicants if
funds are not available. If an applicant
wishes to have their application
maintained in an active file for future
consideration, the applicant must revise
and update their application in writing
for the Agency to reconsider in a future
funding cycle.
persistent poverty county as determined
by USDA’s Economic Research
Serviced—10 points;
(4) Population decline. Has
experienced Long-Term population
decline—10 points as demonstrated by
the latest three decennial censuses.
(c) Population. Proposed Project(s)
will be located in a community of:
(1) Under 5,000 population—15
points;
(2) Between 5,000 and less than
15,000 population—10 points; or
(3) Between 15,000 and 25,000
population—5 points.
§ 4280.435 Scoring criteria.
(d) Unemployment. Proposed
The Agency will use the criteria in
Project(s) will be located in areas where
this section to score applications for
the unemployment rate:
purposes identified under
(1) exceeds the State rate by 25
§ 4280.417(a)(1)and (2).
percent or more—20 points;
(a) Leveraging. If the grant will fund
(2) exceeds the State rate by less than
a critical element of a larger program of
25 percent—10 points; or
(3) is equal to or less than the State
Economic Development, without which
rate—0 points.
the overall program either could not
(e) Median household income.
proceed or would be far less effective,
Proposed Project(s) will be located in
or if the program to be assisted by the
areas where Median Household Income
grant will also be partially funded from
other sources, points will be awarded as (MHI) as prescribed by section 673(2) of
the Community Services Block Grant
follows. If points are awarded for
Act for a family of 4 for the State is:
leveraging, funds must be spent
(1) Less than poverty line—25 points;
proportionally, and if leveraged funds
(2) More than poverty line but less
are not utilized proportionately with the
than 65 percent of State MHI—15
grant, the Agency reserves the right to
points;
take any legal action, including
(3) Between 65 and 85 percent of State
terminating the grant.
MHI—10 points; or
(1) If Rural Development’s portion of
(4) Greater than 85 percent State
Project funding is:
MHI—0 points.
(i) Less than 20 percent—30 points;
(f) Experience. Applicant has
(ii) 20 but less than 50 percent—20
evidence of successful experience in the
points;
type of activity. Evidence of successful
(iii) 50 but less than 75 percent—10
experience may be a description of
points; or
(iv) 75 percent or more—0 points.
experience supplied and certified by the
(2) [Reserved]
applicant based upon its current
(b) Points will be awarded for each of
employees’ resumes:
the following criteria met by the
(1) 10 or more years-30 points;
community or communities that will
(2) At least 5 but less than 10 yearsreceive the benefit of the grant.
20 points;
(3) At least 3 but less than 5 years-10
However, regardless of the mathematical
points; or
total of points indicated by paragraphs
(4) At least 1 but less than 3 years-5
(b)(1) through (4) of this section, total
points awarded under this paragraph (b) points.
(g) Small business start-up or
must not exceed 40.
(1) Trauma. Experiencing trauma due expansion. Applicant has evidence that
to a major natural disaster that occurred small business development will be
supported by startup or expansion as a
not more than 3 years prior to the filing
result of the activities to be carried out
of the application for assistance—15
under the grant. Written evidence of
points;
(2) Economic distress. The community commitment by a small, or a Small and
has suffered a loss of 20 percent or more Emerging Business must be provided to
the Agency, and should include the
in their total jobs caused by the closure
number of jobs that will be supported
of a military facility or other employers
and created. 5 points for each letter up
within the last 3 years—15 points;
(3) Long-term poverty. Has
to 25 points.
experienced Long-Term poverty as
(h) Jobs created or supported. The
demonstrated by being a former Rural
anticipated development, expansion, or
empowerment zone, Rural economic
furtherance of business enterprises as a
area partnership zone, Rural enterprise
result of the proposed Project will create
community, champion community, or a and/or support existing jobs associated
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with the affected businesses. The
number of jobs must be evidenced by a
written commitment from the business
to be assisted.
(1) One job for less than $5,000—25
points;
(2) one job for $5,000 but less than
$10,000—20 points;
(3) one job for $10,000 but less than
$15,000—15 points;
(4) one job for $15,000 but less than
$20,000—10 points; or
(5) one job for $20,000 but less than
$25,000—5 points.
(i) Size of grant request. Grant Projects
utilizing funds available under this
subpart of:
(1) less than $100,000—25 points;
(2) $100,000 to $200,000—15 points;
or
(3) more than $200,000 but not more
than $500,000—10 points.
(j) Indirect cost. Applicant is not
requesting grant funds to cover their
administrative or indirect costs-5 points.
(k) Discretionary points. Either the
State Director or Administrator may
assign up to 50 discretionary points to
an application. Assignment of
discretionary points must include a
written justification. Permissible
justifications are geographic distribution
of funds, special Secretary of
Agriculture initiatives such as Priority
Communities, or a state’s strategic goals.
Discretionary points may only be
assigned to initial grants. However, in
the case where two Projects have the
same score, the State Director may add
one point to the Project that best fits the
State’s strategic plan regardless of
whether the Project is an initial or
subsequent grant.
§§ 4280.436–4280.438
[Reserved]
Grant Awards and Agreement
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§ 4280.439
Grant awards and agreements.
The Agency will award and
administer RBDG grants in accordance
with applicable Departmental
regulations, this subpart, and the
unauthorized grant provisions of 7 CFR
part 1951, subpart O.
(a) Letter of conditions. The Agency
will provide each approved applicant a
letter of conditions, which sets out the
conditions under which the grant will
be made, including, but not limited to,
an Agency grant agreement.
(b) Applicant’s intent to meet
conditions. The applicant must
complete, sign and return a ‘‘Letter of
Intent to Meet Conditions,’’ to the
Agency. If applicant identifies certain
conditions that the applicant cannot
meet, the applicant may propose
alternate conditions to the Agency. The
Agency must concur with any changes
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15673
proposed by the letter of conditions by
the applicant before the any grant will
be made.
DEPARTMENT OF AGRICULTURE
§§ 4280.440–4280.442
7 CFR Parts 944, 980, and 999
[Reserved]
Agricultural Marketing Service
Post Award Activities and
Requirements
[Doc. No. AMS–FV–14–0093; FV15–944/980/
999–1 IR]
§ 4280.443
servicing.
Fruit, Vegetable, and Specialty Crops—
Import Regulations; Changes to
Reporting Requirements To Add
Electronic Form Filing Option
Grant monitoring and
RBDG grants will be monitored and
serviced in accordance with the grant
agreement, this subpart, and 2 CFR
chapter IV.
§§ 4280.444–4280.447
§ 4280.448
[Reserved]
Transfers and assumptions.
The Agency will approve transfer and
assumption requests on grants awarded
under this subpart on a case by case
basis, and then only to eligible entities
under § 4280.416.
§§ 4280.449–4280.499
§ 4280.500
[Reserved]
OMB control number.
The reporting and recordkeeping
requirements contained in this
regulation have been approved by the
Office of Management and Budget
(OMB) under the provisions of 44 U.S.C.
chapter 35 and have been assigned OMB
control numbers 0570–0022 and 0570–
0024 in accordance with the Paperwork
Reduction Act of 1995. You are not
required to respond to this collection of
information unless it displays a valid
OMB control number.
PART 4284—GRANTS
7. The authority citation for part 4284
continues to read as follows:
■
Authority: 5 U.S.C. 301 and 7 U.S.C. 1989.
Subpart F also issued under 7 U.S.C
1932(e).
Subpart G also issued under 7 U.S.C
1926(a)(11).
Subpart J also issued under 7 U.S.C 1621
note.
Subpart K also issued under 7 U.S.C. 1621
note.
Subpart G—[Removed and Reserved]
8. Subpart G, consisting of
§§ 4284.601 through 4284.700, is
removed and reserved.
■
Dated: March 6, 2015.
Lisa Mensah,
Under Secretary, Rural Development.
Dated: March 3, 2015.
Michael Scuse,
Under Secretary, Farm and Foreign
Agricultural Services.
[FR Doc. 2015–06489 Filed 3–24–15; 8:45 am]
BILLING CODE 3410–XY–P
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
Agricultural Marketing Service,
USDA.
ACTION: Interim rule with request for
comments.
AGENCY:
This rule changes the
reporting requirements for commodities
exempt from import regulations under
section 608(e) (hereinafter referred to as
‘‘8e’’) of the Agricultural Marketing
Agreement Act of 1937 by adding an
option to electronically file an
‘‘Importer’s Exempt Commodity Form’’
(FV–6 form). These changes are needed
to bring the import regulations into
conformance with the current practice
of filing FV–6 forms electronically using
the Marketing Order Online System
(MOLS), an internet-based application
that was implemented in 2008. This rule
also changes the import regulations for
dates and raisins by moving the FV–6
form-filing procedures for these two
commodities to the safeguard procedure
regulations for specialty crops and by
making other administrative updates.
These changes to the import regulations
are also required to support the
International Trade Data System (ITDS),
a key White House economic initiative
that will automate the filing of import
and export information by the trade. All
government agencies that are
participating in the ITDS initiative,
including AMS, are required by U.S.
Customs and Border Protection
(hereinafter referred to as ‘‘CBP’’) to
make updates to import and export
regulations to provide for the electronic
entry of shipment data.
DATES: Effective March 30, 2015;
comments received by May 26, 2015
will be considered prior to issuance of
a final rule.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this rule. Comments must be
sent to the Docket Clerk, Marketing
Order and Agreement Division, Fruit
and Vegetable Program, AMS, USDA,
1400 Independence Avenue SW., STOP
0237, Washington, DC 20250–0237; Fax:
(202) 720–8938; or Internet: https://
www.regulations.gov. All comments
should reference the document number
and the date and page number of this
SUMMARY:
E:\FR\FM\25MRR1.SGM
25MRR1
Agencies
[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Rules and Regulations]
[Pages 15665-15673]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06489]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 /
Rules and Regulations
[[Page 15665]]
DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
Rural Housing Service
Rural Utilities Service
Farm Service Agency
7 CFR Parts 1901 and 1942
Rural Business-Cooperative Service
Rural Utilities Service
7 CFR Parts 4280 and 4284
RIN 0570-AA92
Rural Business Development Grant
AGENCY: Rural Business-Cooperative Service, Rural Housing Service,
Rural Utilities Service and Farm Service Agency, the U.S. Department of
Agriculture.
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This Interim Final Rule is needed to ensure that the Agency
will have a regulation in place to meet the Congressional mandate
established in Congress in the Agricultural Act of 2014 (2014 Farm
Bill). This mandate requires the Agency to establish a new program
called the Rural Business Development Grant Program which combines the
former Rural Business Enterprise Grant and Rural Business Opportunity
Grant programs. The Agency has made no substantive changes to either
the Rural Business Enterprise Grant or Rural Business Opportunity Grant
programs when combining these regulations into the Rural Business
Development Grant program.
Rural Development, Rural Business-Cooperative Service (RBS) is
establishing a new regulation for the Rural Business Development Grant
(RBDG) program. The program was established by the 2014 Farm Bill. The
RBDG Program will combine the Rural Business Enterprise Grant (RBEG)
and the Rural Business Opportunity Grant (RBOG) programs. There are no
substantive programmatic changes to RBEG and RBOG with this
consolidation.
DATES: This Interim Final Rule is effective March 25, 2015. Written
comments on this Interim Final Rule must be received on or before May
26, 2015.
ADDRESSES: You may submit comments on this Interim Final Rule by any of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. You can find the rule
by searching the RIN number 0570-AA92.
Mail: Submit written comments via the U.S. Postal Service
to the Branch Chief, Regulations and Paperwork Management Branch, U.S.
Department of Agriculture, 300 7th Street SW., 7th Floor, Washington,
DC 20024.
Hand Delivery/Courier: Submit written comments via Federal
Express Mail or other courier service requiring a street address to the
Branch Chief, Regulations and Paperwork Management Branch, U.S.
Department of Agriculture, 300 7th Street SW., 7th Floor, Washington,
DC 20024.
All written comments will be available for public inspection during
regular work hours at the 300 7th Street SW., 7th Floor address listed
above.
FOR FURTHER INFORMATION CONTACT: Melvin Padgett or Cindy Mason, Rural
Development, Business Programs, U.S. Department of Agriculture, 1400
Independence Avenue SW., Stop 3226, Washington, DC 20250; email:
Melvin.padgett@wdc.usda.gov or cindy.mason@wdc.usda.gov; at (202) 720-
1495 or (202) 690-1433, respectively.
SUPPLEMENTARY INFORMATION: Request for Comments: The Agency is
interested in receiving comments on all aspects of the Interim Final
Rule. All comments should be submitted as indicated in the ADDRESSES
section of this preamble. The Agency is seeking specific comments on
whether or not to utilize this RBDG regulation to continue to process
television demonstration grants and regional commission grants which
are currently in 7 CFR part 1942, subpart G. And, whether or not to
incorporate grants for expansion of employment opportunities for
individuals with disabilities and health care services which were
authorized in the 2008 Farm Bill. The Agency is interested in
considering all factors that affect the public. Please be sure to
include your rationale for your suggestions.
Additionally, in 2007, Rural Development published a proposed rule
for RBEG, however, a final rule was never published. Rural Development
appreciates the comments that were submitted on the proposed rule, and
requests that reviewers resubmit comments on this consolidated rule if
they believe they are still valid.
Executive Order 12866, Classification
This rule has been determined to be not significant for purposes of
Executive Order 12866 and has not been reviewed by the Office of
Management and Budget (OMB).
Programs Affected
The Catalog of Federal Domestic Assistance Program number assigned
to the RBDG is 10.351.
Environmental Impact Statement
This document has been reviewed in accordance with 7 CFR part 1940,
subpart G, ``Environmental Program.'' Rural Development has determined
that this action does not constitute a major Federal action
significantly affecting the quality of the human environment and, in
accordance with the National Environmental Policy Act (NEPA) of 1969,
42 U.S.C. 4321 et seq., an Environmental Impact Statement is not
required.
Executive Order 12372, Intergovernmental Consultation
The program is subject to the provisions of Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. Consultation will be completed at the time each grant is
made.
Executive Order 12988, Civil Justice
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. The Agency has determined that this rule meets the
applicable standards provided in section 3 of the Executive Order.
Additionally, (1) all State and local laws and regulations that
[[Page 15666]]
are in conflict with this rule will be preempted; (2) no retroactive
effect will be given to the rule; and (3) administrative appeal
procedures, if any, must be exhausted before litigation against the
Department or its agencies may be initiated, in accordance with the
regulations of the National Appeals Division of the U.S. Department of
Agriculture at 7 CFR part 11.
Executive Order 13132, Federalism
The policies contained in this rule do not have any substantial
direct effect on States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of Government. Nor does this
rule impose substantial direct compliance costs on State and local
Governments. Therefore, consultation with States is not required.
Regulatory Flexibility Act Certification
Under section 605(b) of the Regulatory Flexibility Act, 5 U.S.C.
605(b), the Agency certifies that this rule will not have a significant
economic impact on a substantial number of small entities. The Agency
made this determination based on the fact that this regulation only
impacts those who choose to participate in the program. Small entity
applicants will not be impacted to a greater extent than large entity
applicants.
Unfunded Mandate Reform Act
This rule contains no Federal mandates (under the regulatory
provisions of Title II of the Unfunded Mandates Reform Act of 1995) for
State, local, and Tribal governments, or the private sector. Thus, this
rule is not subject to the requirements of sections 202 and 205 of the
Unfunded Mandates Reform Act of 1995.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
This executive order imposes requirements on Rural Development in
the development of regulatory policies that have Tribal implications or
preempt Tribal laws. As previously noted, the consolidation of the RBEG
and RBOG programs through the publication of this Interim Final Rule
will not institute any substantive programmatic changes. However, since
Congress has legislatively mandated funds to benefit federally
recognized Indian Tribes in both programs, in the past, implementation
of the RBDG program in future years may have substantial and direct
effects on one or more Indian Tribe(s).
Consequently, the consolidation of the RBEG and RBOG programs under
the RBDG program was featured in two Tribal Consultation webinars
hosted by Rural Development in fiscal year (FY) 2014. On April 2, 2014,
Rural Development hosted a Tribal Consultation webinar and
teleconference that summarized significant changes to its programs
mandated by the 2014 Farm Bill. During the webinar, in addition to
summarizing the Farm Bill changes, Rural Development listed five Farm
Bill provisions that would likely require further consultation--
including the RBDG program. No objections were raised by participants
to alter that assumption.
On August 25, 2014, Rural Development hosted a Tribal Consultation
webinar and teleconference that covered the implementation of the RBDG
program and the Strategic Economic and Community Development (Section
6025) provision in great depth. Again, no objections were raised by
participants to alter the course of implementation for either the RBDG
program or Section 6025.
For further information regarding Rural Development's past Tribal
Consultation events or Rural Development's Tribal Consultation process,
please contact Rural Development's Native American Coordinator at (720)
544-2911 or AIAN@wdc.usda.gov.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995, this
document announces the intention of RBS to request information
collection in support of the RBDG program (7 CFR part 4280, subpart E).
No new requirements have been added, but it is the intent of the Agency
to combine the two current Paperwork Reduction Act packages into one.
Until this paperwork burden is approved, the Agency will utilize the
current RBEG and RBOG paperwork burdens. These burdens are approved
under 0570-0022 and 0570-0024 respectively.
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 3.0 hours per response.
Respondents: Nonprofit corporations and public bodies.
Estimated Number of Respondents: 920.
Estimated Number of Responses per Respondent: 22.
Estimated Number of Responses: 20,517.
Estimated Total Annual Burden on Respondents: 64,773.
Comments on this document must be received by May 26, 2015 to be
assured of consideration.
E-Government Act Compliance
Rural Development is committed to complying with the E-Government
Act, to promote the use of the internet and other information
technologies, to provide increased opportunities for citizens to access
Government information and services electronically.
Good Cause
Rural Development is publishing this rule as an interim final rule
for good cause in that:
Rural Development anticipates going forward that Congress will only
be providing appropriations for RBDG and not for the RBOG and RBEG
programs;
Since the RBEG and RBOG programs are being merged without
substantive changes, the public will not be unfamiliar with the new
RBDG provisions; and
Making the RBDG rule an interim final rule will assure the
continuity of benefits historically provided under the RBOG and RBEG
programs.
Additionally, notice and comment are not required because of the
Administrative Procedures Act exceptions for loans and grants at 5
U.S.C. 553(a)(2).
I. Background
Rural Development is charged with assisting, among other entities,
the startup, expansion, and the continuation of small and emerging
businesses and/or non-profits in rural communities. Rural Development
supports this portion of the overall mission through two grant
programs, the RBEG and RBOG programs.
Rural Development makes RBEGs to public bodies and non-profit
corporations so that they may assist small and emerging businesses and/
or non-profits in their communities to create and support jobs. RBEG
funds may be used to: Acquire or develop land, buildings, plants,
equipment; access streets and roads, parking areas, utility extensions,
necessary water and supply and waste disposal facilities; provide
technical assistance; establish revolving loan funds; and to create,
expand, or operate rural distance learning programs that provide
educational or job training instruction related to potential employment
or job advancement to adult students.
RBOG funds are made to public bodies and non-profit corporations to
assist businesses and/or non-profits in
[[Page 15667]]
their communities. RBOG funds may be used to assist in the economic
development of rural areas by providing technical assistance, training,
and planning for business and economic development.
In February 2014 the United States Congress passed the 2014 Farm
Bill. This law combined the RBEG and RBOG programs into one grant
program, the RBDG program. The Congressional Record emphasizes that the
two programs should continue to operate in essentially the same manner
as they operated when they were separate grant programs. Thus, Rural
Development is publishing this Interim Final Rule to meet the statutory
requirements of the 2014 Farm Bill.
Grants made before the implementation of the RBDG program will
continue to be governed by the terms of the applicable RBOG and RBEG
regulations in effect at the time the grants were made together with
any other applicable agreements.
II. Discussion of Changes
The Agency is publishing this Interim Final Rule to meet the
statutory requirements of the 2014 Farm Bill including revising the
definition of rural and rural areas to conform to the Consolidated Farm
and Rural Development Act definition. The 2014 Farm Bill consolidated
the RBEG and RBOG programs into one grant program while allowing both
programs to operate essentially as they have in the past. The Agency is
soliciting comments to this new regulation and will consider all
comments received prior to publishing a Final Rule. Publishing this
Interim Final Rule will permit the Agency to provide continuous service
to rural small and emerging businesses, non-profit corporations, and
local public bodies, while requesting input from the public on their
views of this grant program.
The Agency combined 7 CFR part 1942, subpart G and 7 CFR part 4284,
subpart G into the RBDG rule at 7 CFR part 4280, subpart E. Rural
Development has also integrated applicable general provisions of 7 CFR
part 4284, subpart A into the RBDG rule. Essentially, the Agency did
not change any of the requirements of either program but blended the
two regulations into one and eliminated duplicative portions so that
there is only one set of requirements. The Agency also combined
definitions so that the public has one definition for both programs as
well as blended the scoring requirements of both former regulations.
Finally, the Agency blended the application processes into one
streamlined set of procedures under the RBDG funding, incorporating the
statutory language of the 2014 Farm Bill (7 U.S.C. 1932(c)) specifying
how the funding would be split.
The U.S. Department of Agriculture and the Agency is adopting the
new the U.S. Department of Agriculture grant regulation at 2 CFR
chapter IV for monitoring and servicing RBDG funding. If this rule is
published prior to new the U.S. Department of Agriculture grant
regulations being published and effective, the Agency will comply with
all applicable parts of 2 CFR chapter IV and chapter XXX including 7
CFR parts 3015, 3016, 3019, and 3052.
List of Subjects
7 CFR Part 1901
Civil rights, Compliance reviews, Fair housing, and Minority
groups.
7 CFR Part 1942
Business and Industry, Grant programs--Housing and Community
development, Industrial park, and Rural areas.
7 CFR Part 4280
Business and Industry, Economic Development, Grant programs,
Community development, Industrial Sites, and Rural Areas.
7 CFR Part 4284
Business and Industry, Economic Development, Grant programs--
Housing and Community development, and Rural Areas.
For the reasons set forth in the preamble, chapters XVIII and XLII,
title 7, of the Code of Federal Regulations are being amended as
follows:
CHAPTER XVIII--RURAL HOUSING SERVICE, RURAL BUSINESS-COOPERATIVE
SERVICE, RURAL UTILITIES SERVICE, AND FARM SERVICE AGENCY, DEPARTMENT
OF AGRICULTURE
PART 1901--PROGRAM-RELATED INSTRUCTIONS
0
1. The authority citation for part 1901 is revised to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 40 U.S.C. 442; 42 U.S.C.
1480, 2942.
Subpart E--Civil Rights Compliance Requirements
0
2. Amend Sec. 1901.204 by revising paragraph (a)(16) to read as
follows:
Sec. 1901.204 Compliance reviews.
(a) * * *
(16) Rural Business Development Grants.
* * * * *
PART 1942--ASSOCIATIONS
0
3. The authority citation for part 1942 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989.
Subpart G--[Removed and Reserved]
0
4. Remove and reserve subpart G, consisting of Sec. Sec. 1942.301
through 1942.350 and Guides 1 and 2 to subpart G.
CHAPTER XLII--RURAL BUSINESS-COOPERATIVE SERVICE AND RURAL UTILITIES
SERVICE, DEPARTMENT OF AGRIGULTURE
PART 4280--LOANS AND GRANTS
0
5. The authority citation for part 4280 is revised to read as follows:
Authority: 5 U.S.C. 301: 7 U.S.C. 940c and 7 U.S.C. 1932(c).
0
6. Add subpart E to read as follows:
Subpart E--Rural Business Development Grants
General
Sec.
4280.401 Purpose.
4280.402 [Reserved]
4280.403 Definitions.
4280.404 Exception authority.
4280.405 Review or appeal rights.
4280.406 Conflict of interest.
4280.407 Statute and regulation references.
4280.408 U.S. Department of Agriculture (USDA) departmental
regulations and laws that contain other compliance requirements.
4280.409 [Reserved]
4280.410 Other laws and regulations that contain compliance
requirements for this program.
4280.411 Forms, guides, and attachments.
4280.412-4280.414 [Reserved]
Rural Business Development Grants
4280.415 Rural Business Development Grants.
Eligibility
4280.416 Applicant eligibility.
4280.417 Project eligibility.
4280.418-4280.420 [Reserved]
Funding Provisions
4280.421 Term requirement.
4280.422 Joint funding.
4280.423 Ineligible uses of grant funds.
4280.424-4280.426 [Reserved]
Applying for a Grant
4280.427 Application.
4280.428-4280.429 [Reserved]
4280.430 Notification of decision.
4280.431-4280.433 [Reserved]
[[Page 15668]]
Processing and Scoring Application
4280.434 General processing and scoring provisions.
4280.435 Scoring criteria.
4280.436-4280.438 [Reserved]
Grant Awards and Agreements
4280.439 Grant awards and agreements.
4280.440-4280.442 [Reserved]
Post Award Activities and Requirements
4280.443 Grant monitoring and servicing.
4280.444-4280.447 [Reserved]
4280.448 Transfers and assumptions.
4280.449-4280.499 [Reserved]
4280.500 OMB control number.
General
Sec. 4280.401 Purpose.
This subpart implements the RBDG program administered by the
Agency. Grants made under this subpart will be made to eligible
entities for use in funding various business opportunity and business
enterprise Projects that serve Rural Areas.
Sec. 4280.402 [Reserved]
Sec. 4280.403 Definitions.
Administrator. The Administrator of RBS or designees or successors.
Agency. Rural Business-Cooperative Service (RBS) or successor.
Agriculture Production. The cultivation, production, growing,
raising, feeding, housing, breeding, hatching, or managing of crops,
plants, animals or birds, either for fiber, food for human consumption,
or livestock feed.
Arm's-length Transaction. The sale, release, or disposition of
assets in which the title to the property passes to a ready, willing,
and able disinterested third party that is not affiliated with or
related to and has no security, monetary, or stockholder interest in
the grantee or transferor at the time of the transaction.
Business Support Centers. Centers established to provide assistance
to businesses in such areas as counseling, business planning, training,
management assistance, marketing information, and locating financing
for business operations. The centers need not be located in a Rural
Area, but must provide assistance to businesses located in Rural Areas.
Departmental Grant Regulations. The USDA grant regulations at 2 CFR
chapter IV.
Economic Development. The industrial, business and financial
augmentation of an area as evidenced by increases in total income,
employment opportunities, value of production, duration of employment,
or diversification of industry, reduced outmigration, higher labor
force participation rates or wage levels or gains in other measurements
of economic activity, such as land values.
Indian Tribe (Tribal). Indian Tribes on Federal and State
reservations and other federally recognized Indian Tribal groups.
Industrial Site. The development of undeveloped real estate for
uses which will assist Small and Emerging Businesses.
Long-term. The period of time covered by the three most recent
decennial censuses of the United States to the present.
Nonprofit. An entity chartered as a nonprofit organization under
applicable State or Tribal law.
Other Business Development. Any business related activity that will
assist Small and Emerging Businesses and may include but is not limited
to business incubators, business training centers, and other training
activity which leads directly to Small and Emerging Business
development.
Planning. A process to coordinate Economic Development activities,
develop guides for action, or otherwise assist local community leaders
in the Economic Development of Rural Areas.
Priority Communities. Communities targeted for Agency assistance as
determined by the U.S. Department of Agriculture Under Secretary for
Rural Development that are experiencing trauma due to natural disasters
or are undertaking or completing fundamental structural changes, have
remained persistently poor, or have experienced Long-Term population
decline or job deterioration.
Project. The result of the use of grant funds provided under this
subpart through Technical Assistance or Planning relating to the
Economic Development of a Rural Area; or the result of the use of
program funds (i.e., a facility whether constructed by the applicant or
a third party made with grant funds, Technical Assistance, startup
operating costs, or working capital). A revolving fund established in
whole or in part with grant funds will also be considered a Project.
Public Bodies/Government Entity. Public Bodies include States,
counties, cities, townships, and incorporated towns and villages,
boroughs, authorities, districts, and education institutions organized
under State and Federal laws, and Indian Tribes.
Rural and Rural Area. As described in 7 U.S.C. 1991(a)(13)(A) and
(D) et seq.
Small and Emerging Business. Any private and/or Nonprofit business
which will employ 50 or fewer new employees and has less than $1
million in gross revenue; for retail operations, total sales minus cost
of goods sold minus returns or for a service organizations, gross
revenue minus cost of providing service or for a manufacturing
operation it will be total sales minus cost of raw materials minus the
cost of production.
State. Any of the 50 States, the Commonwealth of Puerto Rico, the
U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of Palau, the Federated States
of Micronesia, and the Republic of the Marshall Islands.
Technical Assistance. A function performed for the benefit of a
private business enterprise or a community and which is a problem
solving activity, such as market research, product and/or service
improvement, feasibility study, etc., to assist in the Economic
Development of a Rural Area.
Sec. 4280.404 Exception authority.
The Administrator may make an exception, on a case-by-case basis,
to any requirement or provision of this subpart that is not
inconsistent with any authorizing statute or applicable law if the
Administrator determines that application of the requirement or
provision would adversely affect the Government's financial interest.
Sec. 4280.405 Review or appeal rights.
A person may seek a review of an Agency decision under this subpart
from the appropriate Agency official that oversees the program in
question or appeal to the National Appeals Division in accordance with
7 CFR part 11.
Sec. 4280.406 Conflict of interest.
(a) General. No conflict of interest or appearance of conflict of
interest will be allowed. For purposes of this subpart, Conflict of
Interest includes, but is not limited to, distribution or payment of
grant, guaranteed loan funds, and matching funds or award of Project
construction contracts to an individual owner, partner, or stockholder,
or to a beneficiary or immediate family of the applicant or grantee
when the recipient will retain any portion of ownership in the
applicant's or grantee's Project. Grant and matching funds may not be
used to support costs for services or goods going to, or coming from, a
person or entity with a real or apparent conflict of interest. All
transactions must be Arm's-length Transactions.
(b) Assistance to employees, relatives, and associates. The Agency
will process any requests for assistance under this subpart in
accordance with 7 CFR part 1900, subpart D.
[[Page 15669]]
(c) Member/delegate clause. No member of or delegate to Congress
shall receive any share or part of this grant or any benefit that may
arise therefrom; but this provision shall not be construed to bar, as a
contractor under the grant, a publicly held corporation whose ownership
might include a member of Congress so long as the member's ownership is
less than 10 percent.
Sec. 4280.407 Statute and regulation references.
All references to statutes and regulations are to include any and
all successor statutes and regulations.
Sec. 4280.408 U.S. Department of Agriculture departmental regulations
and laws that contain other compliance requirements.
(a) Departmental regulations. All funded under this subpart are
subject to the provisions of the Departmental Regulations, as
applicable, which are incorporated by reference herein.
(b) Equal opportunity and nondiscrimination. The Agency will ensure
that equal opportunity and nondiscrimination requirements are met in
accordance with the Equal Credit Opportunity Act, 15 U.S.C. 1691 et
seq. and 7 CFR part 15d, ``Nondiscrimination in Programs and Activities
Conducted by the United State Department of Agriculture.'' The Agency
will not discriminate against applicants on the basis of race, color,
religion, national origin, sex, marital status, or age (provided that
the applicant has the capacity to contract); because all or part of the
applicant's income derives from any public assistance program; or
because the applicant has in good faith exercised any right under the
Consumer Credit Protection Act, 15 U.S.C. 1601 et seq.
(c) Civil rights compliance. Recipients of grants must comply with
the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq.,
Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq., and
section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794. This may
include collection and maintenance of data on the race, sex, and
national origin of the recipient's membership/ownership and employees.
The data must be available to conduct compliance reviews.
(1) Initial compliance reviews will be conducted by the Agency
prior to funds being obligated.
(2) Grants will require one subsequent compliance review following
Project completion. This will occur prior to the last disbursement of
grant funds.
(d) Environmental requirements. 7 CFR part 1940, subpart G or
successor regulation applies to this subpart. Prospective applicants
are advised to contact the Agency to determine environmental
requirements as soon as practicable after they decide to pursue any
form of financial assistance directly or indirectly available through
the Agency.
(1) Any required environmental review must be completed by the
Agency prior to the Agency obligating any funds.
(2) The applicant will be notified of all specific compliance
requirements, including, but not limited to, the publication of public
notices, and consultation with State Historic Preservation Offices (or
Tribal Historic Preservation Offices where appropriate) and the U.S.
Fish and Wildlife Service.
(3) A site visit by the Agency may be scheduled, if necessary, to
determine the scope of the review.
(4) Applications for Technical Assistance or Planning Projects are
generally excluded from the environmental review process by Sec.
1940.333 of this title provided the assistance is not related to the
development of a specific site. However, as further specified in 7 CFR
1940.330, the grantee for a Technical Assistance grant, in the process
of providing Technical Assistance, must consider the potential
environmental impacts of the recommendations provided to the recipient
of the Technical Assistance.
(5) Applicants for grant funds must consider and document within
their plans the important environmental factors within the Planning
area and the potential environmental impacts of the plan on the
Planning area, as well as the alternative Planning strategies that were
reviewed.
(6) Whenever an applicant files an application that includes a
direct construction Project and a plan, they must have a separate
environmental evaluation.
(e) Discrimination complaints--(1) Who may file. Persons or a
specific class of persons believing they have been subjected to
discrimination prohibited by this section may file a complaint
personally, or by an authorized representative with USDA, Director,
Office of Adjudication, 1400 Independence Avenue SW., Washington, DC
20250.
(2) Time for filing. A complaint must be filed no later than 180
days from the date of the alleged discrimination, unless the time for
filing is extended by the designated officials of USDA or the Agency.
(f) Uniform Relocation and Real Property Acquisition Policies Act.
All Projects must comply with the requirements set forth in 7 CFR part
21.
(g) Floodplains and wetlands. All Projects must comply with
Executive Order 11988 ``Floodplain Management'' and Executive Order
11990 ``Protection of Wetlands.'' The applicable regulations are
codified at 44 CFR parts 59 through 80.
Sec. 4280.409 [Reserved]
Sec. 4280.410 Other laws and regulations that contain compliance
requirements for this program.
(a) Equal employment opportunity. For all construction contracts
and grants in excess of $10,000, the contractor must comply with
Executive Order 11246, as amended by Executive Order 11375, and as
supplemented by applicable Department of Labor regulations (41 CFR part
60-1). The applicant is responsible for ensuring that the contractor
complies with these requirements.
(b) Architectural barriers. All facilities financed with Zero-
Interest Loans that are open to the public or in which persons may be
employed or reside must be designed, constructed, or altered to be
readily accessible to and usable by disabled persons. Standards for
these facilities must comply with the Architectural Barriers Act of
1968, as amended, (42 U.S.C. 4151-4157).
(c) Uniform relocation assistance. Relocations in connection with
these programs are subject to 49 CFR part 24 as referenced by 7 CFR
part 21 except that the provisions in title III of the Uniform Act do
not apply to these programs.
(d) Drug-free workplace. Grants made under these programs are
subject to the requirements contained in 2 CFR chapter IV which
implements the Drug-Free Workplace Act. RBDG recipients will be
required to certify that it will establish and make a good faith effort
to maintain a drug-free workplace program.
(e) Debarment and suspension. The requirements of 2 CFR chapter IV
are applicable to this program.
(f) Intergovernmental review of Federal programs. These programs
are subject to the requirements of Executive Order 12372 and 2 CFR
chapter IV. Proposed Projects are subject to the State and local
government review process contained in 2 CFR chapter IV.
(g) Restrictions on lobbying. The restrictions and requirements
imposed by 31 U.S.C. 1352, and 2 CFR chapter IV, are applicable to
these programs.
(h) Earthquake hazards. These programs are subject to the seismic
requirements of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7701-7706).
[[Page 15670]]
(i) Affirmative fair housing. If applicable, the grantee will be
required to comply with the Affirmative Fair Housing Act (42 U.S.C.
3601-3631 and 24 CFR part 100).
(j) Flood hazard insurance. The RBDG program is subject to the
National Flood Insurance Act of 1968 and the Flood Disaster Protection
Act of 1973, as amended by 42 U.S.C. 4001-4129 and 7 CFR part 1806,
subpart B.
(k) Uniform administrative requirements, cost principles, and audit
requirements for Federal awards. The requirements of 2 CFR chapter IV,
or its successor regulations are applicable to this program.
(l) Planning and performing construction and other development. The
requirements of 7 CFR part 1924, subpart A, or its successor
regulations, are applicable to this program.
(m) Transparency Act. The requirements of 2 CFR part 170 are
applicable to this program.
Sec. 4280.411 Forms, guides, and attachments.
All forms, guides, and attachments referenced in this subpart are
available online at: https://forms.sc.egov.usda.gov/eForms/ or in any
Rural Development State office.
Sec. Sec. 4280.412-4280.414 [Reserved]
Rural Business Development Grants
Sec. 4280.415 Rural Business Development Grants.
Sections 4280.416 through 4280.439 identify the provisions that the
Agency will use for making awards for Rural Business Development
Grants.
Eligibility
Sec. 4280.416 Applicant eligibility.
To receive an RBDG under this subpart, an applicant must meet the
requirements specified in paragraphs (a) through (e) of this section.
If an award is made to an applicant, that applicant (grantee) must
continue to meet the requirements specified in this section. If the
grantee does not, then grant funds may be recovered from the grantee by
the Agency in accordance with Departmental Regulations.
(a) Type of applicant. The Applicant must be one of the following:
(1) A Public Body/Government Entity;
(2) An Indian Tribe; or
(3) A Nonprofit entity.
(b) Financial strength and expertise. The Applicant must have
sufficient financial strength and expertise in activities proposed in
the application to ensure accomplishment of the described activities
and objectives.
(1) Financial strength will be analyzed by the Agency based on
financial data provided in the application. The analysis will consider
the applicant's tangible net worth, which must be positive, and whether
the applicant has dependable sources of revenue or a successful history
of raising revenue sufficient to meet cash requirements.
(2) Expertise will be analyzed by the Agency based on the applicant
staff's training and experience in activities similar to those proposed
in the application and, if consultants will be used, on the staff's
experience in choosing and supervising consultants.
(c) Universal identifier and system for awards management. Unless
exempt under 2 CFR 25.110, the Applicant must:
(1) Be registered in the System for Awards Management (SAM) prior
to submitting an application;
(2) Maintain an active SAM registration with current information at
all times during which it has an active Federal award or an application
under consideration by the Agency; and
(3) Provide its Dun and Bradstreet Data Universal Numbering System
(DUNS) number in each application it submits to the Agency. Generally,
the DUNS number is included on Standard Form (SF) 424, ``Application
for Federal Assistance.''
(d) Delinquent debt. The applicant must not have any delinquent
debt to the Federal Government. If an applicant has any delinquent debt
to the Federal Government, the applicant will be ineligible to receive
any funds obligated under this subpart until the debt has been paid.
(e) Legal authority and responsibility. Each Applicant must have
the legal authority necessary to apply for and carry out the purpose of
the grant.
Sec. 4280.417 Project eligibility.
For a Project to be eligible for funding under this subpart, the
proposed Project must meet each of the requirements specified in
paragraphs (a) through (e) of this section.
(a) Types of projects. Grant funds may be used for Projects
identified in either paragraph (a)(1) of this section, business
opportunity type grants, or paragraph (a)(2) of this section, business
enterprise type grants. Unless otherwise announced in a Notice of
Solicitation of Applications, the Agency will set aside 10 percent of
its RBDG appropriation for business opportunity type grants. The Agency
reserves the right to reallocate funds set aside for business
opportunity type grants to business enterprise type grants if it
becomes apparent to the Agency that there is insufficient demand for
the funds set aside for the business opportunity type grants.
(1) Business opportunity Projects. Grant funds may be used for
business opportunity Projects that include one or more of the following
activities:
(i) Identify and analyze business opportunities that will use local
rural materials or human resources. This includes opportunities in
export markets, as well as feasibility and business plan studies;
(ii) Identify, train, and provide Technical Assistance to existing
or prospective rural entrepreneurs and managers;
(iii) Establish Business Support Centers and otherwise assist in
the creation of new Rural businesses;
(iv) Conduct local community or multi-county Economic Development
Planning;
(v) Conduct leadership development training of existing or
prospective adult rural entrepreneurs and managers;
(vi) Establish centers for training, technology, and trade that
will provide training to Rural businesses in the utilization of
interactive communications technologies to develop international trade
opportunities and markets; or
(vii) Pay reasonable fees and charges for professional services
necessary to conduct the Technical Assistance, training, or planning
functions.
(2) Business enterprise projects. Grant funds may be used to
finance and/or develop Small and Emerging Businesses in Rural Areas
including, but not limited to, the following activities:
(i) Acquisition and development of land, easements and rights-of-
way;
(ii) Construction, conversion, enlargement, repairs or
modernization of buildings, plants, machinery, equipment, access
streets and roads, parking areas, utilities, and pollution control and
abatement facilities;
(iii) Provision of loans for startup operating cost and working
capital;
(iv) Reasonable fees and charges for professional services
necessary for the planning and development of the Project;
(v) Establishment of a revolving loan fund to provide financial
assistance to third parties through a loan; and
(vi) Establishment, expansion, and operation of Rural distance
learning networks or development of Rural learning programs that
provide educational instruction or job training instruction related to
potential employment or job advancements for adult students;
(vii) Provision of Technical Assistance for Small and Emerging
Businesses, including but not limited to feasibility studies and
business plans; and/or
[[Page 15671]]
(viii) Provision of Technical Assistance and training to rural
communities for the purpose of improving passenger transportation
services or facilities.
(b) Result of projects. (1) For business opportunity type grants,
the Project must have a reasonable prospect that the Project will
result in the Economic Development of a Rural Area.
(2) For business enterprise type grants, the Project must have a
reasonable prospect that it will result in the development or financing
of Small and Emerging Businesses.
(c) Basis for success or failure. Grants may be made only when the
application demonstrates a need for the Project and includes a basis
for determining the success or failure of the Project and individual
major elements of the Project and outlines procedures that will be
taken to assess the Project's impact at its conclusion.
(d) Local and area-wide strategic plans. Business opportunity type
grants may be made only when the proposed Project is consistent with
any local and area-wide strategic plans for community and Economic
Development, coordinated with other Economic Development activities in
the Project area, and consistent with any Rural Development State
Strategic Plan.
Sec. Sec. 4280.418-4280.420 [Reserved]
Funding Provisions
Sec. 4280.421 Term requirement.
A grant may be considered for the amount needed to assist with the
completion of a proposed Project, provided that the Project can
reasonably be expected to be completed within 1 full year after it has
begun.
Sec. 4280.422 Joint funding.
To the extent permitted by law, Agency grant funds may be used
jointly and in proportion with funds furnished by the grantee or from
other sources including Agency loan funds.
Sec. 4280.423 Ineligible uses of grant funds.
Grant funds may not be used towards any of the uses identified in
paragraphs (a) through (n) of this section.
(a) Duplicate current services or substitute support previously
provided. If the current service is inadequate, however, grant funds
may be used to expand the level of effort or services beyond what is
currently being provided.
(b) Pay costs of preparing the application package for funding
under this program or any other program.
(c) Pay costs for any expenses incurred prior to receipt of a full
application, except for those permitted under Departmental Regulations.
(d) Fund political activities.
(e) Pay for assistance to any private business enterprise which
does not create and/or support jobs in the United States.
(f) Pay any judgment or debt owed to the United States.
(g) Fund Agriculture Production either directly or through
horizontally integrated livestock operations except for commercial
nurseries, timber operations or limited Agricultural Production related
to Technical Assistance Projects. The following are not considered
Agriculture Production:
(1) Aquaculture, including conservation, development, and
utilization of water for aquaculture;
(2) Commercial fishing;
(3) Commercial nurseries engaged in the production of ornamental
plants and trees and other nursery products such as bulbs, flowers,
shrubbery, flower and vegetable seeds, sod, and the growing of plants
from seed to the transplant stage;
(4) Forestry, which includes businesses primarily engaged in the
operation of timber tracts, tree farms, and forest nurseries and
related activities such as reforestation; or
(5) The growing of mushrooms or hydroponics.
(h) To finance comprehensive area-wide type Planning. This does not
preclude the use of grant funds for Planning for a given Project.
(i) To make loans when the rates, terms, and charges for those
loans are not reasonable or would be for purposes not eligible under 7
CFR part 4274, subpart D.
(j) For programs operated by cable television systems.
(k) To fund a part of a Project that is dependent on other funding
unless there is a firm commitment of the other funding to ensure
completion of the Project.
(l) To pay for Technical Assistance that duplicates assistance
provided to implement an action plan funded by the Forest Service (FS)
under the National Forest-Dependent Rural Communities Economic
Diversification Act for 5 continuous years from the date of grant
approval by the FS. To avoid duplicate assistance, the grantee shall
coordinate with FS and the Agency to ascertain if a grant has been made
in a substantially similar geographical or defined local area in a
State for Technical Assistance under the FS program. The grantee will
provide documentation to FS and the Agency regarding the contact with
each agency.
(m) Pass through grants. Pass through grants are for, but not
limited to:
(1) The purchase, refurbishing, or remodeling of real estate for
use as a business incubator without charging a fair market rental;
(2) The purchase of equipment for use by an ultimate recipient
without charging a fair market rental; and
(3) The making of a Revolving Loan Fund (RLF) loan without taking
appropriate security to reasonably assure repayment of the loan.
(n) For a Project that would result in the transfer of existing
employment or business activity more than 25 miles from its existing
location.
Sec. Sec. 4280.424-4280.426 [Reserved]
Applying for a Grant
Sec. 4280.427 Application.
Applications for an RBDG grant as specified in Sec. 4280.417(a)(1)
and (2) must contain the following:
(a) An original and one copy of SF 424, ``Application For Federal
Assistance (For Non-construction);''
(b) Copies of applicant's organizational documents showing the
applicant's legal existence and authority to perform the activities
under the grant;
(c) A proposed scope of work, including a description of the
proposed Project, e.g., RLF, Technical Assistance, Industrial Site,
Business Opportunity and Other Business Development, details of the
proposed activities to be accomplished and timeframes for completion of
each task, the number of months duration of the Project, and the
estimated time it will take from grant approval to beginning of Project
implementation;
(d) A written narrative that includes, at a minimum, the following
items:
(1) An explanation of why the Project is needed, the benefits of
the proposed Project, and how the Project meets the grant eligible
purposes;
(2) Area to be served, identifying each governmental unit, i.e.
town, county, etc., to be affected by the Project;
(3) Description of how the Project will coordinate Economic
Development activities with other Economic Development activities
within the Project area;
(4) Business to be assisted, if appropriate, and Economic
Development to be accomplished;
(5) An explanation of how the proposed Project will result in newly
created, increased, or supported jobs in the area and the number of
projected new and supported jobs within the next 3 years;
(6) A description of the applicant's demonstrated capability and
experience in providing the proposed Project assistance or similar
Economic
[[Page 15672]]
Development activities, including experience of key staff members and
persons who will be providing the proposed Project activities and
managing the Project;
(7) The method and rationale used to select the areas and
businesses that will receive the service;
(8) A brief description of how the work will be performed including
whether organizational staff or consultants or contractors will be
used; and
(9) Other information the Agency may request to assist it in making
a grant award determination;
(e) The latest 3 years of financial information to show the
applicant's financial capacity to carry out the proposed work. If the
applicant is less than 3 years old, at a minimum, the information
should include all balance sheet(s), income statement(s) and cash flow
statement(s). A current audited report is required if available;
(f) Intergovernmental review comments from the State Single Point
of Contact, or evidence that the State has elected not to review the
program under Executive Order 12372;
(g) Documentation regarding the availability and amount of other
funds to be used in conjunction with the funds from the RBDG;
(h) A budget which includes salaries, fringe benefits, consultant
costs, indirect costs, and other appropriate direct costs for the
Project; and
(i) RBDG construction Project grants must conform with 7 CFR part
1924, subpart A requirements.
Sec. Sec. 4280.428-4280.429 [Reserved]
Sec. 4280.430 Notification of decision.
When the Agency has determined that an application is not eligible
or that no further action will be taken, the Agency will notify the
applicant in writing of the reasons why the application was not
favorably considered and provide any appeal rights.
Sec. Sec. 4280.431-4280.433 [Reserved]
Processing and Scoring Applications
Sec. 4280.434 General processing and scoring provisions.
The Agency will review each application for assistance in
accordance with the priorities established in Sec. 4280.435. The
Agency will assign each application a priority rating and will select
applications for funding based on the priority ratings and the total
funds available to the program.
(a) Applications. The Agency will score each application based on
the information contained in the application and its supporting
information. All applications submitted for funding must contain
sufficient information to permit the Agency to complete a thorough
priority rating.
(b) Unfunded applications. The Agency will notify eligible
applicants if funds are not available. If an applicant wishes to have
their application maintained in an active file for future
consideration, the applicant must revise and update their application
in writing for the Agency to reconsider in a future funding cycle.
Sec. 4280.435 Scoring criteria.
The Agency will use the criteria in this section to score
applications for purposes identified under Sec. 4280.417(a)(1)and (2).
(a) Leveraging. If the grant will fund a critical element of a
larger program of Economic Development, without which the overall
program either could not proceed or would be far less effective, or if
the program to be assisted by the grant will also be partially funded
from other sources, points will be awarded as follows. If points are
awarded for leveraging, funds must be spent proportionally, and if
leveraged funds are not utilized proportionately with the grant, the
Agency reserves the right to take any legal action, including
terminating the grant.
(1) If Rural Development's portion of Project funding is:
(i) Less than 20 percent--30 points;
(ii) 20 but less than 50 percent--20 points;
(iii) 50 but less than 75 percent--10 points; or
(iv) 75 percent or more--0 points.
(2) [Reserved]
(b) Points will be awarded for each of the following criteria met
by the community or communities that will receive the benefit of the
grant. However, regardless of the mathematical total of points
indicated by paragraphs (b)(1) through (4) of this section, total
points awarded under this paragraph (b) must not exceed 40.
(1) Trauma. Experiencing trauma due to a major natural disaster
that occurred not more than 3 years prior to the filing of the
application for assistance--15 points;
(2) Economic distress. The community has suffered a loss of 20
percent or more in their total jobs caused by the closure of a military
facility or other employers within the last 3 years--15 points;
(3) Long-term poverty. Has experienced Long-Term poverty as
demonstrated by being a former Rural empowerment zone, Rural economic
area partnership zone, Rural enterprise community, champion community,
or a persistent poverty county as determined by USDA's Economic
Research Serviced--10 points;
(4) Population decline. Has experienced Long-Term population
decline--10 points as demonstrated by the latest three decennial
censuses.
(c) Population. Proposed Project(s) will be located in a community
of:
(1) Under 5,000 population--15 points;
(2) Between 5,000 and less than 15,000 population--10 points; or
(3) Between 15,000 and 25,000 population--5 points.
(d) Unemployment. Proposed Project(s) will be located in areas
where the unemployment rate:
(1) exceeds the State rate by 25 percent or more--20 points;
(2) exceeds the State rate by less than 25 percent--10 points; or
(3) is equal to or less than the State rate--0 points.
(e) Median household income. Proposed Project(s) will be located in
areas where Median Household Income (MHI) as prescribed by section
673(2) of the Community Services Block Grant Act for a family of 4 for
the State is:
(1) Less than poverty line--25 points;
(2) More than poverty line but less than 65 percent of State MHI--
15 points;
(3) Between 65 and 85 percent of State MHI--10 points; or
(4) Greater than 85 percent State MHI--0 points.
(f) Experience. Applicant has evidence of successful experience in
the type of activity. Evidence of successful experience may be a
description of experience supplied and certified by the applicant based
upon its current employees' resumes:
(1) 10 or more years-30 points;
(2) At least 5 but less than 10 years-20 points;
(3) At least 3 but less than 5 years-10 points; or
(4) At least 1 but less than 3 years-5 points.
(g) Small business start-up or expansion. Applicant has evidence
that small business development will be supported by startup or
expansion as a result of the activities to be carried out under the
grant. Written evidence of commitment by a small, or a Small and
Emerging Business must be provided to the Agency, and should include
the number of jobs that will be supported and created. 5 points for
each letter up to 25 points.
(h) Jobs created or supported. The anticipated development,
expansion, or furtherance of business enterprises as a result of the
proposed Project will create and/or support existing jobs associated
[[Page 15673]]
with the affected businesses. The number of jobs must be evidenced by a
written commitment from the business to be assisted.
(1) One job for less than $5,000--25 points;
(2) one job for $5,000 but less than $10,000--20 points;
(3) one job for $10,000 but less than $15,000--15 points;
(4) one job for $15,000 but less than $20,000--10 points; or
(5) one job for $20,000 but less than $25,000--5 points.
(i) Size of grant request. Grant Projects utilizing funds available
under this subpart of:
(1) less than $100,000--25 points;
(2) $100,000 to $200,000--15 points; or
(3) more than $200,000 but not more than $500,000--10 points.
(j) Indirect cost. Applicant is not requesting grant funds to cover
their administrative or indirect costs-5 points.
(k) Discretionary points. Either the State Director or
Administrator may assign up to 50 discretionary points to an
application. Assignment of discretionary points must include a written
justification. Permissible justifications are geographic distribution
of funds, special Secretary of Agriculture initiatives such as Priority
Communities, or a state's strategic goals. Discretionary points may
only be assigned to initial grants. However, in the case where two
Projects have the same score, the State Director may add one point to
the Project that best fits the State's strategic plan regardless of
whether the Project is an initial or subsequent grant.
Sec. Sec. 4280.436-4280.438 [Reserved]
Grant Awards and Agreement
Sec. 4280.439 Grant awards and agreements.
The Agency will award and administer RBDG grants in accordance with
applicable Departmental regulations, this subpart, and the unauthorized
grant provisions of 7 CFR part 1951, subpart O.
(a) Letter of conditions. The Agency will provide each approved
applicant a letter of conditions, which sets out the conditions under
which the grant will be made, including, but not limited to, an Agency
grant agreement.
(b) Applicant's intent to meet conditions. The applicant must
complete, sign and return a ``Letter of Intent to Meet Conditions,'' to
the Agency. If applicant identifies certain conditions that the
applicant cannot meet, the applicant may propose alternate conditions
to the Agency. The Agency must concur with any changes proposed by the
letter of conditions by the applicant before the any grant will be
made.
Sec. Sec. 4280.440-4280.442 [Reserved]
Post Award Activities and Requirements
Sec. 4280.443 Grant monitoring and servicing.
RBDG grants will be monitored and serviced in accordance with the
grant agreement, this subpart, and 2 CFR chapter IV.
Sec. Sec. 4280.444-4280.447 [Reserved]
Sec. 4280.448 Transfers and assumptions.
The Agency will approve transfer and assumption requests on grants
awarded under this subpart on a case by case basis, and then only to
eligible entities under Sec. 4280.416.
Sec. Sec. 4280.449-4280.499 [Reserved]
Sec. 4280.500 OMB control number.
The reporting and recordkeeping requirements contained in this
regulation have been approved by the Office of Management and Budget
(OMB) under the provisions of 44 U.S.C. chapter 35 and have been
assigned OMB control numbers 0570-0022 and 0570-0024 in accordance with
the Paperwork Reduction Act of 1995. You are not required to respond to
this collection of information unless it displays a valid OMB control
number.
PART 4284--GRANTS
0
7. The authority citation for part 4284 continues to read as follows:
Authority: 5 U.S.C. 301 and 7 U.S.C. 1989.
Subpart F also issued under 7 U.S.C 1932(e).
Subpart G also issued under 7 U.S.C 1926(a)(11).
Subpart J also issued under 7 U.S.C 1621 note.
Subpart K also issued under 7 U.S.C. 1621 note.
Subpart G--[Removed and Reserved]
0
8. Subpart G, consisting of Sec. Sec. 4284.601 through 4284.700, is
removed and reserved.
Dated: March 6, 2015.
Lisa Mensah,
Under Secretary, Rural Development.
Dated: March 3, 2015.
Michael Scuse,
Under Secretary, Farm and Foreign Agricultural Services.
[FR Doc. 2015-06489 Filed 3-24-15; 8:45 am]
BILLING CODE 3410-XY-P