Rural eConnectivity Program, 58860-58864 [2021-23128]
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disadvantaged farmers have equal
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Dated: October 13, 2021.
Cikena Reid,
USDA Committee Management Officer.
[FR Doc. 2021–23235 Filed 10–22–21; 8:45 am]
BILLING CODE 3412–88–P
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
[Docket Number: RUS–21–Telecom–0010]
Rural eConnectivity Program
Rural Utilities Service, USDA.
Funding opportunity
announcement.
AGENCY:
ACTION:
The Rural Utilities Service, a
Rural Development agency of the United
States Department of Agriculture
(USDA), hereinafter referred to as
‘‘RUS’’ or ‘‘the Agency’’ is issuing a
Funding Opportunity Announcement
(FOA) to announce that it is accepting
applications for fiscal year 2022 (FY 22)
for the Rural eConnectivity Program (the
ReConnect Program). In addition, this
FOA defines requirements that are
determined at the time a funding
announcement is published, as outlined
in the regulation. As part of this
announcement, the Agency is also
informing potential applicants and other
interested parties about its intention to
seek information on a topic that will
help inform future funding
announcements. More information is
located in Section G of this
announcement.
SUMMARY:
Beginning on November 24,
2021, applications can be submitted
through the RUS on-line application
portal until 11:59 a.m. Eastern on
February 22, 2022. Applications will not
be accepted after February 22, 2022
until a new application opportunity has
been opened with the publication of an
additional FOA in the Federal Register.
ADDRESSES: Applications must be
submitted electronically through the
RUS on-line application portal located
at https://www.usda.gov/reconnect. This
FOA will be made available for
informational purposes on Grants.gov.
DATES:
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For
general inquiries regarding the
ReConnect Program, contact Laurel
Leverrier, Assistant Administrator,
Telecommunications Program, Rural
Utilities Service, U.S. Department of
Agriculture (USDA), email
laurel.leverrier@usda.gov, telephone:
(202) 720–9554.
For inquiries regarding eligibility
concerns, please contact the ReConnect
Program Staff at https://www.usda.gov/
reconnect/contact-us.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Overview
Federal Agency: Rural Utilities
Service.
Funding Opportunity Title: The Rural
eConnectivity Program.
Announcement Type: Funding
Opportunity Announcement.
Assistance Listing: 10.752.
Funding Opportunity Number
(grants.gov): RUS–REC–2022.
Dates: Beginning on November 24,
2021, applications can be submitted
through the RUS on-line application
portal until 11:59 a.m. Eastern on
February 22, 2022. Applications will not
be accepted after February 22, 2022
until a new application opportunity has
been opened with the publication of an
additional FOA in the Federal Register.
Administrative: The Agency
encourages applicants to consider
projects that will advance the following
key priorities:
• Assisting Rural communities
recover economically from the impacts
of the COVID–19 pandemic, particularly
disadvantaged communities.
• Ensuring all rural residents have
equitable access to Rural Development
programs and benefits from Rural
Development funded projects.
• Reducing climate pollution and
increasing resilience to the impacts of
climate change through economic
support to rural communities.
In addition, the Agency would like to
highlight the importance of creating
good-paying jobs with strong labor
standards.
Program Description
1. Program purpose. The ReConnect
Program provides loans, grants, and
loan/grant combinations to facilitate
broadband deployment in rural areas. In
facilitating the expansion of broadband
services and infrastructure, the program
will fuel long-term rural economic
development and opportunities in rural
America.
2. Statutory authority. The ReConnect
Program is authorized by the
Consolidated Appropriations Act, 2018
(Pub. L. 115–141), which directs the
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pilot to be conducted under the Rural
Electrification Act of 1936 (7 U.S.C. 901
et seq). Since its establishment in 2018,
the ReConnect Program has been
implemented by issuing two FOAs that
detailed the requirements for submitting
an application. The ReConnect Program
has received successive appropriations
by Congress and has matured due to
Agency experience and feedback
provided by stakeholders. The policies
and procedures for the ReConnect
Program are codified in a final rule, 7
CFR part 1740, that was published in
the Federal Register on February 26,
2021 (86 FR 11603). Among other
things, those rules require that the
applicant demonstrate that the project
can be completely built out within five
years from the date funds are first made
available; the project is technically
feasible; all project costs can be fully
funded or accounted for; facilities
funded with grant funds will provide
the broadband service proposed in the
application for the composite economic
life of the facilities, as approved by
RUS, or as provided in the Award
Documents; and that facilities funded
with loan funds must provide
broadband service through the
amortization period of the loan.
Applicants should carefully review
those rules in conjunction with this
FOA.
For FY 22, loans, grants, and loan/
grant combinations will be made for the
costs of construction, improvement, or
acquisition of facilities and equipment
needed to facilitate broadband
deployment in rural areas.
3. Definition of terms. The definitions
applicable to this FOA are as follows:
i. Local government means the
administration of a particular town,
county, or district, with representatives
elected by those who live there.
ii. Remote areas means areas
classified by the USDA Economic
Research Service as Frontier and
Remote Area (FAR) Level 4. A
geographic information system (GIS)
layer of FAR Level 4 areas can be found
at https://www.usda.gov/reconnect.
iii. Socially Vulnerable Community
means a community or area identified in
the Center for Disease Control’s Social
Vulnerability Index with a score of .75
or higher. A GIS layer identifying the
Socially Vulnerable Communities can
be found at https://www.usda.gov/
reconnect.
iv. Sufficient access to broadband (7
CFR 1740.2) means any rural area in
which households have fixed, terrestrial
broadband service defined as 100
megabits per second (Mbps)
downstream and 20 Mbps upstream.
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v. System requirements (7 CFR
1740.3(a)(2)). Facilities proposed to be
constructed with award funds must be
capable of delivering 100 Mbps
symmetrical service to every premise in
the proposed funded service area
(PFSA). Please note that capable of
delivering 100 Mbps symmetrical
service to every premise means that all
premises in the PFSA must be able to
receive this service at the same time.
vi. Tribal Government means the
governing body of an Indian or Alaska
Native tribe, band, nation, pueblo,
village, or community listed pursuant to
the Federally Recognized Indian Tribe
List Act of 1994, 25 U.S.C. 479a.
vii. Tribal land means any area
identified by the United States Census
Bureau as tribal land. A GIS layer of
Tribal Lands can be found on the RUS
mapping tool located at https://
www.usda.gov/reconnect.
viii. Other definitions related to the
ReConnect Program are contained in 7
CFR 1740.2.
B. Federal Award Information
1. Funding categories, interest rates
and terms (7 CFR 1740.3(b)).
i. 100 Percent Loan. Applications will
be processed and awarded on a rolling
basis. In the event two loan applications
are received for the same PFSA, the
application submitted first will be
considered first. The interest rate for a
100 percent loan will be set at a fixed
2 percent. Principal and interest
payments will be deferred for three
years. The amortization period will be
based on the composite economic life of
the assets funded plus three years.
ii. 50 Percent Loan/50 Percent Grant
Combination. The interest rate for the 50
percent loan component will be set at
the Treasury rate for the remaining
amortization period at the time of each
advance of funds. Principal and interest
payments will be deferred for three
years. The amortization period will be
based on the composite economic life of
the assets funded plus three years.
Applicants may propose substituting
cash for the loan component at the time
of application and funds must be
deposited into the applicant’s operating
accounts at the closing of the award.
iii. 100 Percent Grant. Applicants
must provide a matching contribution
equal to at least 25 percent of the cost
of the overall project. The matching
contribution requirement applies only
to the 100 Percent Grant funding
category. The applicant must clearly
identify the source of the funds even if
it is to be provided from the applicant’s
operating accounts. All matching funds
must be deposited into the applicant’s
operating accounts at the closing of the
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award. If the matching funds are
provided by a third party, a
commitment letter from the third party
must be submitted indicating that the
funds will be available at the closing of
the award if approved. The matching
contribution can only be used for
eligible purposes. If the applicant elects
to initiate a loan to satisfy the matching
requirement, documentation must be
included as part of the application
indicating the terms and conditions for
the loan and that the grant funded assets
cannot be used as collateral for the
matching funds loan. The loan must be
entered into and funds transferred into
the applicant’s accounts by the closing
of the award.
iv. 100 Percent Grant for Tribal
Governments and Socially Vulnerable
Communities. If the applicant is a Tribal
Government, or a corporation that is
wholly owned by a Tribal Government,
proposing to provide service on its own
lands, there is no matching fund
requirement and applicants may apply
for grant funds to construct the
broadband facilities. In addition, if at
least 75 percent of the geographic area
of an applicant’s PFSA(s) consists of
Socially Vulnerable Communities, as
defined in section A.3.iii. of this FOA,
there is no matching fund requirement
and applicants may apply for grant
funds to construct the broadband
facilities.
2. Maximum and minimum funding
amounts (7 CFR 1740.3(b)).
i. 100 Percent Loan. Up to
$200,000,000 is available for loans. The
maximum amount that can be requested
in an application is $50,000,000.
ii. 50 Percent Loan—50 Percent Grant
Combination. Up to $250,000,000 is
available for loan/grant combinations.
The maximum amount that can be
requested in an application is
$25,000,000 for the loan and
$25,000,000 for the grant. Loan and
grant amounts will always be equal.
iii. 100 Percent Grant. Up to
$350,000,000 is available for grants. The
maximum amount of grant funds that
can be requested in an application is
$25,000,000. However, to encourage
broadband deployment in remote areas,
if an applicant provides supporting
information that demonstrates that the
PFSA(s) is comprised 100 percent of
areas classified by the USDA Economic
Research Service as FAR Level 4, the
applicant may request up to
$35,000,000. A GIS layer of FAR Level
4 areas can be found at https://
www.usda.gov/reconnect.
iv. 100 Percent Grant for Tribal
Governments and Socially Vulnerable
Communities. Up to $350,000,000 is
available for grants. The maximum
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amount of grant funds that can be
requested in an application is
$25,000,000. However, to encourage
broadband deployment in remote areas,
if an applicant provides supporting
information that demonstrates that the
PFSA(s) is comprised 100 percent of
locations within areas classified by the
USDA Economic Research Service as
FAR Level 4, the applicant may request
up to $35,000,000. A GIS layer of FAR
Level 4 areas can be found at https://
www.usda.gov/reconnect.
v. The minimum amount that can be
requested in any ReConnect Program
application is $100,000.
C. Eligibility Information
1. Eligibility requirements. The
eligibility requirements for the
ReConnect Program are published at 7
CFR 1740 Subpart B.
2. Eligible service areas. The
following areas are eligible:
i. For a PFSA to be eligible for
funding, at least 90 percent of the
households in the PFSA must lack
sufficient access to broadband. For
purposes of this FOA, sufficient access
to broadband means any rural area in
which households have access to fixed,
terrestrial broadband service of at least
100 megabits per second (Mbps)
downstream and 20 Mbps upstream.
Applicants must submit evidence that
sufficient access to broadband does not
exist for 90 percent of the households in
the PFSA, identify all existing providers
in the PFSA, and indicate what level of
service is being provided. If these areas
are found to have sufficient service, the
application will be rejected.
ii. Pursuant to the Consolidated
Appropriations Act, 2021 (Pub. L. 116–
260), the service areas of existing RUS
borrowers without sufficient access to
broadband, as defined in this FOA, are
eligible for ReConnect funding.
iii. Areas that receive support from
the Federal Communications
Commission (FCC), but are without
sufficient access to broadband, as
defined in this FOA, are eligible for
funding under this FOA.
iv. RUS will offer funding in areas
receiving or under consideration for a
Rural Digital Opportunity Fund (RDOF)
award because RDOF funds both
operational expenses and capital
expenses, while ReConnect funds only
capital expenses. However, the
application should explain why RUS
should provide additional funding. For
example, will the applicant commit to
an accelerated deployment schedule if it
receives RUS funding. RUS will also
require all ReConnect awardees
receiving or under consideration for
RDOF funding to submit a statement
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certifying that the funds requested from
ReConnect have not been and will not
be reimbursed by the RDOF award. That
is, funds must be used only for
complementary purposes and not for
duplicative ones, and therefore funding
recipients cannot claim that both RDOF
and ReConnect funds were used to pay
for the same labor or materials used to
deploy broadband to specific locations
or to procure the same unit of network
equipment. Recipients that receive both
RDOF and ReConnect funding must
keep separate accounts to track the
sources and uses of each funding source
as needed to support the certification
statement submitted with its ReConnect
application.
v. If two or more applications are
submitted for the same non-Tribal Land
area receiving or under consideration
for an RDOF award, and one of those
applications is submitted by the RDOF
winning bidder, or the winning bidder’s
assignee, and its application scores
equally as high as the other
application(s) for the area, RUS will give
preference to the applicant receiving or
under consideration for the RDOF
award, except that on Tribal Lands, RUS
will give preference to the applicant that
has a Tribal Government Resolution of
Consent.
vi. If an applicant has applied for or
is receiving other federal funding to
deploy broadband in all or part of the
PFSA, the applicant should explain how
RUS funding will be complementary to
but not duplicative of the other funding.
ReConnect awardees will be required to
submit a statement certifying that the
funds requested from ReConnect have
not been and will not be reimbursed by
any other federal funding mechanism.
3. Tribal Government Resolution of
Consent. Pursuant to 7 CFR
1740.60(d)(19), a certification from the
appropriate tribal official is required if
service is being proposed over or on
tribal lands. The appropriate
certification is a Tribal Government
Resolution of Consent. The appropriate
tribal official is the Tribal Council of the
Tribal Government with jurisdiction
over the tribal lands at issue. Any
applicant that fails to provide a
certification to provide service on the
tribal lands identified in the PFSA will
not be considered for funding.
4. Pre-application expenses. The costs
associated with satisfying the
environmental review requirements are
eligible for reimbursement under this
category. Up to three percent of the
requested award funds can be used for
this purpose. Please note that any
environmental expenses will count as
part of the overall five percent that is
allowable for pre-application expenses.
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D. Application and Submission
Information
1. All requirements for submission of
an application under the ReConnect
Program are subject to 7 CFR part 1740.
2. Applications must be submitted
through the Agency’s online application
system located on the ReConnect web
page, https://www.usda.gov/reconnect.
All materials required for completing an
application are included in the online
system. Please note there are a number
of supporting documents that will need
to be uploaded through the application
system.
3. Applicants can submit only one
application. Applicants may start
multiple applications in the system but
only one can be submitted.
E. Application Review Information
1. Evaluation. All applications are
subject to the submission and
evaluation requirements contained in 7
CFR 1740, Subpart E.
2. Scoring. Applications will be
scored based on the following criteria:
i. Rurality of PFSA (25 Points). Points
will be awarded for serving the least
dense rural areas as measured by the
population of the PFSA per square mile
or if the PFSA is located at least one
hundred miles from a city or town that
has a population of greater than 50,000
inhabitants. If multiple service areas are
proposed, the density calculation will
be made on the combined areas as if
they were a single area and not the
average densities. Population densities
of 6 or less or if the PFSA is located one
hundred miles from a city or town of
50,000, 25 points will be awarded.
ii. Level of existing service (25 Points).
Projects that are proposing to build in
areas that are not receiving service of at
least 25 Mbps downstream and 3 Mbps
upstream will receive 25 points, with
points awarded based on the number of
households lacking such service that the
project will serve. Applicants must
provide supporting evidence that 25/3
service does not exist for those
households. To the extent possible,
applicants must identify all existing
providers in the PFSA and indicate
what level of service is actually being
provided. Applicants are not required to
treat the publicly available FCC current
Form 477 data as dispositive of what
speed service currently exists.
iii. Economic need of the community
(20 Points). Economic need is based on
the county poverty percentage of the
PFSA in the application. The
percentages must be determined by
utilizing the United States Census Small
Area Income and Poverty Estimates
(SAIPE) Program. For applications
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where 75 percent of the PFSA(s) are
proposing to serve communities with a
SAIPE score of 20 percent or higher, 20
points will be awarded. Proposed
funded service areas located in
geographic areas for which no SAIPE
data exist will be determined to have an
average SAIPE poverty percentage of 30
percent. Such geographic areas may
include territories of the United States
or other locations eligible for funding
through the ReConnect Program. A GIS
layer identifying SAIPE areas can be
found in the RUS mapping tool located
at https://reconnect.usda.gov.
iv. Affordability (20 Points).
Applications can receive 20 points
based on their affordability measures.
Applicants should demonstrate that the
broadband prices they will offer are
affordable to their target markets,
provide information about the pricing
and speed tiers they intend to offer, and
include at least one low-cost option
offered at speeds that are sufficient for
a household with multiple users to
simultaneously telework and engage in
remote learning. Applicants should also
commit to applying to participate in the
Federal Communication Commission’s
Lifeline Program, the Emergency
Broadband Benefit Program, and any
successors to those programs which
provide low-income consumers with
discounts on broadband services. More
details are available in the Application
Guide.
v. Labor Standards (20 points). It is
important that necessary investments in
broadband infrastructure be carried out
in ways that produce high-quality
infrastructure, avert disruptive and
costly delays, and promote efficiency.
The Agency understands the importance
of promoting workforce development
and encourages recipients to ensure that
broadband projects use strong labor
standards consistent with Tribal laws
when projects propose to build
infrastructure on Tribal Lands. Using
these practices in construction projects
not only promotes effective and efficient
delivery of high-quality infrastructure
and supports the economic recovery
through employment opportunities for
workers, but may also help to ensure a
reliable supply of skilled labor that
would minimize disruptions, such as
those associated with labor disputes or
workplace injuries.
Applicants should include in their
applications a description of whether
and, if so, how the project will
incorporate strong labor standards,
including whether workers (including
contractors and subcontractors) will be
paid wages at or above the prevailing
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rate; 1 whether the project will be
covered by a project labor agreement;
what safety training, professional
certifications, in-house training and/or
licensure will be required of workers
(including contractors and
subcontractors); whether a locally-based
workforce will be used; whether work
will be performed by a directly
employed workforce or whether the
employer has policies and practices in
place to ensure employees of contractors
and subcontractors are qualified; and
whether the applicant, its contractors, or
subcontractors have any violations of
state or federal labor, workplace safety
and health, or employment laws within
the last five years.
For applicants that commit to strong
labor standards, consistent with Tribal
Laws when the project proposes to build
infrastructure on Tribal Lands, 20 points
will be awarded. Projects that propose
to build infrastructure on Tribal Lands
must follow Tribal Laws such as Tribal
Employment Rights Ordinances to be in
compliance with a ReConnect award,
regardless of receiving points under this
standard. The Agency reserves the right
to adjust award amounts for unforeseen
circumstances.
vi. Tribal lands (15 Points). For
applicants that are Tribal Governments
and tribal entities and, at a minimum,
50 percent of the geographical area of
the PFSA(s) is to provide service on
tribal lands, 15 points shall be awarded.
For non-tribal entities where at least 50
percent of the geographic area of the
PFSA(s) is to provide service on tribal
lands, 10 points shall be awarded.
Tribal lands will be analyzed using the
GIS layer in the RUS mapping tool
located at https://reconnect.usda.gov.
vii. Local governments, non-profits
and cooperatives (15 points).
Applications submitted by local
governments, non-profits or
cooperatives (including for projects
involving public-private partnerships
where the local government, non-profit,
or cooperative is the applicant) will be
awarded 15 points.
viii. Socially Vulnerable Communities
(15 points). For applications where at
least 75 percent of the PFSA(s) are
1 This means that all laborers and mechanics
employed by contractors and subcontractors in the
performance of such project are paid wages at rates
not less than those prevailing, as determined by the
U.S. Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United
States Code (commonly known as the ‘‘Davis-Bacon
Act’’) or, for the corresponding classes of laborers
and mechanics employed on projects of a character
similar to the contract work in the civil subdivision
of the State (or the District of Columbia) in which
the work is to be performed, or by the appropriate
state entity pursuant to a corollary state prevailingwage-in-construction law (commonly known as
‘‘baby Davis-Bacon Acts’’).
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58863
proposing to serve Socially Vulnerable
Communities, as defined in this FOA,
15 points will be awarded.
ix. Net neutrality (10 points). For
applicants that commit to net neutrality,
10 points will be awarded. A board
resolution or its equivalent must be
submitted in the application committing
that the applicant’s networks shall not
(1) block lawful content, applications,
services, or non-harmful devices,
subject to reasonable network
management; (2) impair or degrade
lawful internet traffic on the basis of
internet content, application, or service,
or use of a non-harmful device, subject
to reasonable network management; and
(3) engage in paid prioritization,
meaning the management of a
broadband provider’s network to
directly or indirectly favor some traffic
over other traffic, including through use
of techniques such as traffic shaping,
prioritization, resource reservation, or
other forms of preferential traffic
management, either (a) in exchange for
consideration (monetary or otherwise)
from a third party, or (b) to benefit an
affiliated entity.
x. Wholesale broadband services (10
points). Recipients that commit to
offering wholesale broadband services at
rates and terms that are reasonable and
nondiscriminatory will receive 10
points.
F. Federal Award Administration
Information
1. Closing, servicing and reporting.
All applications are subject to the
requirements contained in 7 CFR 1740,
Subpart F.
2. Other requirements. All
applications are subject to the
additional requirements contained in 7
CFR 1740, Subpart G.
3. Ineligible Costs. A recipient may
not use grant or loan funds, whether
directly or indirectly as an offset for
other funds, to support or oppose
collective bargaining.
G. Upcoming Request for Information
As noted in the Summary section of
this announcement, RUS intends to
issue a Request for Information (RFI)
seeking feedback from potential
applicants and other interested parties
on whether the requirement for facilities
constructed with RUS funding to
provide 100 Mbps symmetrical service
to every premise in the proposed funded
service area (PFSA) at the same time
should apply in future funding rounds.
The feedback from that RFI will help
inform future funding announcements,
including potentially scoring criteria.
E:\FR\FM\25OCN1.SGM
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Federal Register / Vol. 86, No. 203 / Monday, October 25, 2021 / Notices
H. Federal Awarding Agency Contacts
Any questions should be addressed to
the contact information located in the
FOR FURTHER INFORMATION CONTACT
section of this FOA.
jspears on DSK121TN23PROD with NOTICES1
I. Other Information
1. Paperwork Reduction Act. In
accordance with the Paperwork
Reduction Act of 1995, the information
collection requirements associated with
the ReConnect Program, as covered in
this FOA, have been approved by the
Office of Management and Budget
(OMB) under OMB Control Number
0572–0152. This funding announcement
does not create any new information
collection requirements nor does it
change existing information collection
requirements.
2. Congressional Review Act. Pursuant
to Subtitle E of the Small Business
Regulatory Enforcement Fairness Act of
1996 (also known as the Congressional
Review Act or CRA), 5 U.S.C. 801 et
seq., the Office of Information and
Regulatory Affairs in the Office of
Management and Budget designated this
action as a major rule as defined by 5
U.S.C. 804(2), because it is likely to
result in an annual effect on the
economy of $100,000,000 or more.
Accordingly, there is a 60-day delay in
the effective date of this action.
Application selection will not begin
until after December 27, 2021.
Therefore, the 60-day delay required by
the CRA is not expected to have a
material impact upon the administration
and/or implementation of the
ReConnect Program.
3. USDA Non-Discrimination
Statement. In accordance with Federal
civil rights law and USDA civil rights
regulations and policies, the USDA, its
Mission Areas, agencies, staff offices,
employees, and institutions
participating in or administering USDA
programs are prohibited from
discriminating based on race, color,
national origin, religion, sex, gender
identity (including gender expression),
sexual orientation, disability, age,
marital status, familial status, family/
parental status, income derived from a
public assistance program, political
beliefs, or reprisal or retaliation for prior
civil rights activity, in any program or
activity conducted or funded by USDA
(not all bases apply to all programs).
Remedies and complaint filing
deadlines vary by program or incident.
Program Information may be made
available in languages other than
English. Persons with disabilities who
require alternative means of
communication to obtain program
information (e.g., Braille, large print,
VerDate Sep<11>2014
18:00 Oct 22, 2021
Jkt 256001
audiotape, American Sign Language,
etc.) should contact the responsible
Mission Area, Agency, or staff office; the
USDA TARGET Center at 202–720–2600
(voice and TTY); or the Federal Relay
Service at (800) 877–8339.
To file a program discrimination
complaint, a complainant should
complete a Form AD–3027, USDA
Program Discrimination Complaint
Form, which can be obtained online at
https://www/ocio.usda.gov/documents/
ad-3027, from any USDA office, by
calling (866) 632–9992, or by writing a
letter addressed to USDA. The letter
must contain the complainant’s name,
address, telephone number, and a
written description of the alleged
discriminatory action in sufficient detail
to inform the Assistant Secretary for
Civil Rights about the nature and date
of an alleged civil rights violation. The
completed AD–3027 form or letter must
be submitted to USDA by:
(1) Mail: U.S. Department of
Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400
Independence Avenue SW, Washington,
DC 20250–9410; or
(2) Fax: (833) 256–1665 or (202) 690–
7442; or
(3) Email: program.intake@usda.gov.
USDA is an equal opportunity
provider, employer, and lender.
Christopher A. McLean,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2021–23128 Filed 10–22–21; 8:45 am]
BILLING CODE 3410–15–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–143]
Freight Rail Coupler Systems and
Certain Components Thereof From the
People’s Republic of China: Initiation
of Less-Than-Fair-Value Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce
DATES: Applicable October 19, 2021.
FOR FURTHER INFORMATION CONTACT:
Mark Harrison, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0357.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On September 29, 2021, the U.S.
Department of Commerce (Commerce)
received an antidumping duty (AD)
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
petition concerning imports of freight
rail coupler systems and certain
components thereof (freight rail
couplers) from the People’s Republic of
China (China) filed in proper form on
behalf of the Coalition of Freight
Coupler Producers (the petitioner).1 On
October 6, 2021, the petitioner filed an
amendment to the Petition, clarifying
the identity of the members of the
Coalition of Freight Coupler Producers,
the members of which are, or represent,
domestic producers of freight rail
couplers.2 The Petition was
accompanied by a countervailing duty
(CVD) petition concerning imports of
freight rail couplers from China.3
On October 1, 4, 8, and 15, 2021,
Commerce requested supplemental
information pertaining to certain aspects
of the Petition in both general and ADspecific separate supplemental
questionnaires and phone calls with the
petitioner.4 On October 6, 12, and 18,
1 See Petitioner’s Letter, ‘‘Certain Freight Rail
Coupler Systems and Components Thereof from the
People’s Republic of China: Petitions for the
Imposition of Antidumping and Countervailing
Duties,’’ dated September 29, 2021 (the Petition).
2 See Petitioner’s Letters, ‘‘Amended Entry of
Appearance: A–570–143,’’ dated October 6, 2021
(Amended EOA) and ‘‘Freight Rail Coupler Systems
and Certain Components Thereof from the People’s
Republic of China: Response to First Supplemental
Questions for on Volume I General Issues and
Injury Petition,’’ dated October 6, 2021 (First
General Issues Supplement). The petitioner notes
that, per the Amended EOA, the members of the
Coalition of Freight Coupler Producers are:
McConway & Torley, LLC and the United Steel,
Paper & Forestry, Rubber, Manufacturing, Energy,
Allied Industrial and Service Worker International
Union, AFL–CIO, CLC (the USW). The petitioner
further notes that Amsted Rail Company, Inc.
(Amsted) is no longer a member of the petitioning
coalition and that the USW represents the workers
at Amsted’s Granite, IL facility. See First General
Issues Supplement at 8.
3 See the Petition.
4 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Certain Freight Rail Coupler
Systems and Components Thereof from the People’s
Republic of China: Supplemental Questions,’’ dated
October 4, 2021 (General Issues Supplemental);
‘‘Petition for the Imposition of Antidumping Duties
on Imports of Certain Freight Rail Coupler Systems
and Components Thereof from the People’s
Republic of China: Supplemental Questions,’’ dated
October 4, 2021; Memorandum, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Certain Freight Rail Coupler
Systems and Components Thereof from the People’s
Republic of China: Phone Call with Counsel to the
Petitioner,’’ dated October 4, 2021 (October 4, 2021,
Phone Call Memorandum); Memorandum,
‘‘Petitions for the Imposition of Antidumping and
Countervailing Duties on Imports of Certain Freight
Rail Coupler Systems and Components Thereof
from the People’s Republic of China: Phone Call
with Counsel to the Petitioner,’’ dated October 8,
2021 (October 8, 2021, Phone Call Memorandum);
and Memorandum, ‘‘Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports
of Certain Freight Rail Coupler Systems and
Components Thereof from the People’s Republic of
China: Phone Call with Counsel to the Petitioner,’’
dated October 15, 2021 (October 15, 2021, Phone
Call Memorandum).
E:\FR\FM\25OCN1.SGM
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Agencies
[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58860-58864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23128]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
[Docket Number: RUS-21-Telecom-0010]
Rural eConnectivity Program
AGENCY: Rural Utilities Service, USDA.
ACTION: Funding opportunity announcement.
-----------------------------------------------------------------------
SUMMARY: The Rural Utilities Service, a Rural Development agency of the
United States Department of Agriculture (USDA), hereinafter referred to
as ``RUS'' or ``the Agency'' is issuing a Funding Opportunity
Announcement (FOA) to announce that it is accepting applications for
fiscal year 2022 (FY 22) for the Rural eConnectivity Program (the
ReConnect Program). In addition, this FOA defines requirements that are
determined at the time a funding announcement is published, as outlined
in the regulation. As part of this announcement, the Agency is also
informing potential applicants and other interested parties about its
intention to seek information on a topic that will help inform future
funding announcements. More information is located in Section G of this
announcement.
DATES: Beginning on November 24, 2021, applications can be submitted
through the RUS on-line application portal until 11:59 a.m. Eastern on
February 22, 2022. Applications will not be accepted after February 22,
2022 until a new application opportunity has been opened with the
publication of an additional FOA in the Federal Register.
ADDRESSES: Applications must be submitted electronically through the
RUS on-line application portal located at https://www.usda.gov/reconnect. This FOA will be made available for informational purposes
on Grants.gov.
FOR FURTHER INFORMATION CONTACT: For general inquiries regarding the
ReConnect Program, contact Laurel Leverrier, Assistant Administrator,
Telecommunications Program, Rural Utilities Service, U.S. Department of
Agriculture (USDA), email [email protected], telephone: (202)
720-9554.
For inquiries regarding eligibility concerns, please contact the
ReConnect Program Staff at https://www.usda.gov/reconnect/contact-us.
SUPPLEMENTARY INFORMATION:
Overview
Federal Agency: Rural Utilities Service.
Funding Opportunity Title: The Rural eConnectivity Program.
Announcement Type: Funding Opportunity Announcement.
Assistance Listing: 10.752.
Funding Opportunity Number (grants.gov): RUS-REC-2022.
Dates: Beginning on November 24, 2021, applications can be
submitted through the RUS on-line application portal until 11:59 a.m.
Eastern on February 22, 2022. Applications will not be accepted after
February 22, 2022 until a new application opportunity has been opened
with the publication of an additional FOA in the Federal Register.
Administrative: The Agency encourages applicants to consider
projects that will advance the following key priorities:
Assisting Rural communities recover economically from the
impacts of the COVID-19 pandemic, particularly disadvantaged
communities.
Ensuring all rural residents have equitable access to
Rural Development programs and benefits from Rural Development funded
projects.
Reducing climate pollution and increasing resilience to
the impacts of climate change through economic support to rural
communities.
In addition, the Agency would like to highlight the importance of
creating good-paying jobs with strong labor standards.
Program Description
1. Program purpose. The ReConnect Program provides loans, grants,
and loan/grant combinations to facilitate broadband deployment in rural
areas. In facilitating the expansion of broadband services and
infrastructure, the program will fuel long-term rural economic
development and opportunities in rural America.
2. Statutory authority. The ReConnect Program is authorized by the
Consolidated Appropriations Act, 2018 (Pub. L. 115-141), which directs
the
[[Page 58861]]
pilot to be conducted under the Rural Electrification Act of 1936 (7
U.S.C. 901 et seq). Since its establishment in 2018, the ReConnect
Program has been implemented by issuing two FOAs that detailed the
requirements for submitting an application. The ReConnect Program has
received successive appropriations by Congress and has matured due to
Agency experience and feedback provided by stakeholders. The policies
and procedures for the ReConnect Program are codified in a final rule,
7 CFR part 1740, that was published in the Federal Register on February
26, 2021 (86 FR 11603). Among other things, those rules require that
the applicant demonstrate that the project can be completely built out
within five years from the date funds are first made available; the
project is technically feasible; all project costs can be fully funded
or accounted for; facilities funded with grant funds will provide the
broadband service proposed in the application for the composite
economic life of the facilities, as approved by RUS, or as provided in
the Award Documents; and that facilities funded with loan funds must
provide broadband service through the amortization period of the loan.
Applicants should carefully review those rules in conjunction with this
FOA.
For FY 22, loans, grants, and loan/grant combinations will be made
for the costs of construction, improvement, or acquisition of
facilities and equipment needed to facilitate broadband deployment in
rural areas.
3. Definition of terms. The definitions applicable to this FOA are
as follows:
i. Local government means the administration of a particular town,
county, or district, with representatives elected by those who live
there.
ii. Remote areas means areas classified by the USDA Economic
Research Service as Frontier and Remote Area (FAR) Level 4. A
geographic information system (GIS) layer of FAR Level 4 areas can be
found at https://www.usda.gov/reconnect.
iii. Socially Vulnerable Community means a community or area
identified in the Center for Disease Control's Social Vulnerability
Index with a score of .75 or higher. A GIS layer identifying the
Socially Vulnerable Communities can be found at https://www.usda.gov/reconnect.
iv. Sufficient access to broadband (7 CFR 1740.2) means any rural
area in which households have fixed, terrestrial broadband service
defined as 100 megabits per second (Mbps) downstream and 20 Mbps
upstream.
v. System requirements (7 CFR 1740.3(a)(2)). Facilities proposed to
be constructed with award funds must be capable of delivering 100 Mbps
symmetrical service to every premise in the proposed funded service
area (PFSA). Please note that capable of delivering 100 Mbps
symmetrical service to every premise means that all premises in the
PFSA must be able to receive this service at the same time.
vi. Tribal Government means the governing body of an Indian or
Alaska Native tribe, band, nation, pueblo, village, or community listed
pursuant to the Federally Recognized Indian Tribe List Act of 1994, 25
U.S.C. 479a.
vii. Tribal land means any area identified by the United States
Census Bureau as tribal land. A GIS layer of Tribal Lands can be found
on the RUS mapping tool located at https://www.usda.gov/reconnect.
viii. Other definitions related to the ReConnect Program are
contained in 7 CFR 1740.2.
B. Federal Award Information
1. Funding categories, interest rates and terms (7 CFR 1740.3(b)).
i. 100 Percent Loan. Applications will be processed and awarded on
a rolling basis. In the event two loan applications are received for
the same PFSA, the application submitted first will be considered
first. The interest rate for a 100 percent loan will be set at a fixed
2 percent. Principal and interest payments will be deferred for three
years. The amortization period will be based on the composite economic
life of the assets funded plus three years.
ii. 50 Percent Loan/50 Percent Grant Combination. The interest rate
for the 50 percent loan component will be set at the Treasury rate for
the remaining amortization period at the time of each advance of funds.
Principal and interest payments will be deferred for three years. The
amortization period will be based on the composite economic life of the
assets funded plus three years. Applicants may propose substituting
cash for the loan component at the time of application and funds must
be deposited into the applicant's operating accounts at the closing of
the award.
iii. 100 Percent Grant. Applicants must provide a matching
contribution equal to at least 25 percent of the cost of the overall
project. The matching contribution requirement applies only to the 100
Percent Grant funding category. The applicant must clearly identify the
source of the funds even if it is to be provided from the applicant's
operating accounts. All matching funds must be deposited into the
applicant's operating accounts at the closing of the award. If the
matching funds are provided by a third party, a commitment letter from
the third party must be submitted indicating that the funds will be
available at the closing of the award if approved. The matching
contribution can only be used for eligible purposes. If the applicant
elects to initiate a loan to satisfy the matching requirement,
documentation must be included as part of the application indicating
the terms and conditions for the loan and that the grant funded assets
cannot be used as collateral for the matching funds loan. The loan must
be entered into and funds transferred into the applicant's accounts by
the closing of the award.
iv. 100 Percent Grant for Tribal Governments and Socially
Vulnerable Communities. If the applicant is a Tribal Government, or a
corporation that is wholly owned by a Tribal Government, proposing to
provide service on its own lands, there is no matching fund requirement
and applicants may apply for grant funds to construct the broadband
facilities. In addition, if at least 75 percent of the geographic area
of an applicant's PFSA(s) consists of Socially Vulnerable Communities,
as defined in section A.3.iii. of this FOA, there is no matching fund
requirement and applicants may apply for grant funds to construct the
broadband facilities.
2. Maximum and minimum funding amounts (7 CFR 1740.3(b)).
i. 100 Percent Loan. Up to $200,000,000 is available for loans. The
maximum amount that can be requested in an application is $50,000,000.
ii. 50 Percent Loan--50 Percent Grant Combination. Up to
$250,000,000 is available for loan/grant combinations. The maximum
amount that can be requested in an application is $25,000,000 for the
loan and $25,000,000 for the grant. Loan and grant amounts will always
be equal.
iii. 100 Percent Grant. Up to $350,000,000 is available for grants.
The maximum amount of grant funds that can be requested in an
application is $25,000,000. However, to encourage broadband deployment
in remote areas, if an applicant provides supporting information that
demonstrates that the PFSA(s) is comprised 100 percent of areas
classified by the USDA Economic Research Service as FAR Level 4, the
applicant may request up to $35,000,000. A GIS layer of FAR Level 4
areas can be found at https://www.usda.gov/reconnect.
iv. 100 Percent Grant for Tribal Governments and Socially
Vulnerable Communities. Up to $350,000,000 is available for grants. The
maximum
[[Page 58862]]
amount of grant funds that can be requested in an application is
$25,000,000. However, to encourage broadband deployment in remote
areas, if an applicant provides supporting information that
demonstrates that the PFSA(s) is comprised 100 percent of locations
within areas classified by the USDA Economic Research Service as FAR
Level 4, the applicant may request up to $35,000,000. A GIS layer of
FAR Level 4 areas can be found at https://www.usda.gov/reconnect.
v. The minimum amount that can be requested in any ReConnect
Program application is $100,000.
C. Eligibility Information
1. Eligibility requirements. The eligibility requirements for the
ReConnect Program are published at 7 CFR 1740 Subpart B.
2. Eligible service areas. The following areas are eligible:
i. For a PFSA to be eligible for funding, at least 90 percent of
the households in the PFSA must lack sufficient access to broadband.
For purposes of this FOA, sufficient access to broadband means any
rural area in which households have access to fixed, terrestrial
broadband service of at least 100 megabits per second (Mbps) downstream
and 20 Mbps upstream. Applicants must submit evidence that sufficient
access to broadband does not exist for 90 percent of the households in
the PFSA, identify all existing providers in the PFSA, and indicate
what level of service is being provided. If these areas are found to
have sufficient service, the application will be rejected.
ii. Pursuant to the Consolidated Appropriations Act, 2021 (Pub. L.
116-260), the service areas of existing RUS borrowers without
sufficient access to broadband, as defined in this FOA, are eligible
for ReConnect funding.
iii. Areas that receive support from the Federal Communications
Commission (FCC), but are without sufficient access to broadband, as
defined in this FOA, are eligible for funding under this FOA.
iv. RUS will offer funding in areas receiving or under
consideration for a Rural Digital Opportunity Fund (RDOF) award because
RDOF funds both operational expenses and capital expenses, while
ReConnect funds only capital expenses. However, the application should
explain why RUS should provide additional funding. For example, will
the applicant commit to an accelerated deployment schedule if it
receives RUS funding. RUS will also require all ReConnect awardees
receiving or under consideration for RDOF funding to submit a statement
certifying that the funds requested from ReConnect have not been and
will not be reimbursed by the RDOF award. That is, funds must be used
only for complementary purposes and not for duplicative ones, and
therefore funding recipients cannot claim that both RDOF and ReConnect
funds were used to pay for the same labor or materials used to deploy
broadband to specific locations or to procure the same unit of network
equipment. Recipients that receive both RDOF and ReConnect funding must
keep separate accounts to track the sources and uses of each funding
source as needed to support the certification statement submitted with
its ReConnect application.
v. If two or more applications are submitted for the same non-
Tribal Land area receiving or under consideration for an RDOF award,
and one of those applications is submitted by the RDOF winning bidder,
or the winning bidder's assignee, and its application scores equally as
high as the other application(s) for the area, RUS will give preference
to the applicant receiving or under consideration for the RDOF award,
except that on Tribal Lands, RUS will give preference to the applicant
that has a Tribal Government Resolution of Consent.
vi. If an applicant has applied for or is receiving other federal
funding to deploy broadband in all or part of the PFSA, the applicant
should explain how RUS funding will be complementary to but not
duplicative of the other funding. ReConnect awardees will be required
to submit a statement certifying that the funds requested from
ReConnect have not been and will not be reimbursed by any other federal
funding mechanism.
3. Tribal Government Resolution of Consent. Pursuant to 7 CFR
1740.60(d)(19), a certification from the appropriate tribal official is
required if service is being proposed over or on tribal lands. The
appropriate certification is a Tribal Government Resolution of Consent.
The appropriate tribal official is the Tribal Council of the Tribal
Government with jurisdiction over the tribal lands at issue. Any
applicant that fails to provide a certification to provide service on
the tribal lands identified in the PFSA will not be considered for
funding.
4. Pre-application expenses. The costs associated with satisfying
the environmental review requirements are eligible for reimbursement
under this category. Up to three percent of the requested award funds
can be used for this purpose. Please note that any environmental
expenses will count as part of the overall five percent that is
allowable for pre-application expenses.
D. Application and Submission Information
1. All requirements for submission of an application under the
ReConnect Program are subject to 7 CFR part 1740.
2. Applications must be submitted through the Agency's online
application system located on the ReConnect web page, https://www.usda.gov/reconnect. All materials required for completing an
application are included in the online system. Please note there are a
number of supporting documents that will need to be uploaded through
the application system.
3. Applicants can submit only one application. Applicants may start
multiple applications in the system but only one can be submitted.
E. Application Review Information
1. Evaluation. All applications are subject to the submission and
evaluation requirements contained in 7 CFR 1740, Subpart E.
2. Scoring. Applications will be scored based on the following
criteria:
i. Rurality of PFSA (25 Points). Points will be awarded for serving
the least dense rural areas as measured by the population of the PFSA
per square mile or if the PFSA is located at least one hundred miles
from a city or town that has a population of greater than 50,000
inhabitants. If multiple service areas are proposed, the density
calculation will be made on the combined areas as if they were a single
area and not the average densities. Population densities of 6 or less
or if the PFSA is located one hundred miles from a city or town of
50,000, 25 points will be awarded.
ii. Level of existing service (25 Points). Projects that are
proposing to build in areas that are not receiving service of at least
25 Mbps downstream and 3 Mbps upstream will receive 25 points, with
points awarded based on the number of households lacking such service
that the project will serve. Applicants must provide supporting
evidence that 25/3 service does not exist for those households. To the
extent possible, applicants must identify all existing providers in the
PFSA and indicate what level of service is actually being provided.
Applicants are not required to treat the publicly available FCC current
Form 477 data as dispositive of what speed service currently exists.
iii. Economic need of the community (20 Points). Economic need is
based on the county poverty percentage of the PFSA in the application.
The percentages must be determined by utilizing the United States
Census Small Area Income and Poverty Estimates (SAIPE) Program. For
applications
[[Page 58863]]
where 75 percent of the PFSA(s) are proposing to serve communities with
a SAIPE score of 20 percent or higher, 20 points will be awarded.
Proposed funded service areas located in geographic areas for which no
SAIPE data exist will be determined to have an average SAIPE poverty
percentage of 30 percent. Such geographic areas may include territories
of the United States or other locations eligible for funding through
the ReConnect Program. A GIS layer identifying SAIPE areas can be found
in the RUS mapping tool located at https://reconnect.usda.gov.
iv. Affordability (20 Points). Applications can receive 20 points
based on their affordability measures. Applicants should demonstrate
that the broadband prices they will offer are affordable to their
target markets, provide information about the pricing and speed tiers
they intend to offer, and include at least one low-cost option offered
at speeds that are sufficient for a household with multiple users to
simultaneously telework and engage in remote learning. Applicants
should also commit to applying to participate in the Federal
Communication Commission's Lifeline Program, the Emergency Broadband
Benefit Program, and any successors to those programs which provide
low-income consumers with discounts on broadband services. More details
are available in the Application Guide.
v. Labor Standards (20 points). It is important that necessary
investments in broadband infrastructure be carried out in ways that
produce high-quality infrastructure, avert disruptive and costly
delays, and promote efficiency. The Agency understands the importance
of promoting workforce development and encourages recipients to ensure
that broadband projects use strong labor standards consistent with
Tribal laws when projects propose to build infrastructure on Tribal
Lands. Using these practices in construction projects not only promotes
effective and efficient delivery of high-quality infrastructure and
supports the economic recovery through employment opportunities for
workers, but may also help to ensure a reliable supply of skilled labor
that would minimize disruptions, such as those associated with labor
disputes or workplace injuries.
Applicants should include in their applications a description of
whether and, if so, how the project will incorporate strong labor
standards, including whether workers (including contractors and
subcontractors) will be paid wages at or above the prevailing rate; \1\
whether the project will be covered by a project labor agreement; what
safety training, professional certifications, in-house training and/or
licensure will be required of workers (including contractors and
subcontractors); whether a locally-based workforce will be used;
whether work will be performed by a directly employed workforce or
whether the employer has policies and practices in place to ensure
employees of contractors and subcontractors are qualified; and whether
the applicant, its contractors, or subcontractors have any violations
of state or federal labor, workplace safety and health, or employment
laws within the last five years.
---------------------------------------------------------------------------
\1\ This means that all laborers and mechanics employed by
contractors and subcontractors in the performance of such project
are paid wages at rates not less than those prevailing, as
determined by the U.S. Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code
(commonly known as the ``Davis-Bacon Act'') or, for the
corresponding classes of laborers and mechanics employed on projects
of a character similar to the contract work in the civil subdivision
of the State (or the District of Columbia) in which the work is to
be performed, or by the appropriate state entity pursuant to a
corollary state prevailing-wage-in-construction law (commonly known
as ``baby Davis-Bacon Acts'').
---------------------------------------------------------------------------
For applicants that commit to strong labor standards, consistent
with Tribal Laws when the project proposes to build infrastructure on
Tribal Lands, 20 points will be awarded. Projects that propose to build
infrastructure on Tribal Lands must follow Tribal Laws such as Tribal
Employment Rights Ordinances to be in compliance with a ReConnect
award, regardless of receiving points under this standard. The Agency
reserves the right to adjust award amounts for unforeseen
circumstances.
vi. Tribal lands (15 Points). For applicants that are Tribal
Governments and tribal entities and, at a minimum, 50 percent of the
geographical area of the PFSA(s) is to provide service on tribal lands,
15 points shall be awarded. For non-tribal entities where at least 50
percent of the geographic area of the PFSA(s) is to provide service on
tribal lands, 10 points shall be awarded. Tribal lands will be analyzed
using the GIS layer in the RUS mapping tool located at https://reconnect.usda.gov.
vii. Local governments, non-profits and cooperatives (15 points).
Applications submitted by local governments, non-profits or
cooperatives (including for projects involving public-private
partnerships where the local government, non-profit, or cooperative is
the applicant) will be awarded 15 points.
viii. Socially Vulnerable Communities (15 points). For applications
where at least 75 percent of the PFSA(s) are proposing to serve
Socially Vulnerable Communities, as defined in this FOA, 15 points will
be awarded.
ix. Net neutrality (10 points). For applicants that commit to net
neutrality, 10 points will be awarded. A board resolution or its
equivalent must be submitted in the application committing that the
applicant's networks shall not (1) block lawful content, applications,
services, or non-harmful devices, subject to reasonable network
management; (2) impair or degrade lawful internet traffic on the basis
of internet content, application, or service, or use of a non-harmful
device, subject to reasonable network management; and (3) engage in
paid prioritization, meaning the management of a broadband provider's
network to directly or indirectly favor some traffic over other
traffic, including through use of techniques such as traffic shaping,
prioritization, resource reservation, or other forms of preferential
traffic management, either (a) in exchange for consideration (monetary
or otherwise) from a third party, or (b) to benefit an affiliated
entity.
x. Wholesale broadband services (10 points). Recipients that commit
to offering wholesale broadband services at rates and terms that are
reasonable and nondiscriminatory will receive 10 points.
F. Federal Award Administration Information
1. Closing, servicing and reporting. All applications are subject
to the requirements contained in 7 CFR 1740, Subpart F.
2. Other requirements. All applications are subject to the
additional requirements contained in 7 CFR 1740, Subpart G.
3. Ineligible Costs. A recipient may not use grant or loan funds,
whether directly or indirectly as an offset for other funds, to support
or oppose collective bargaining.
G. Upcoming Request for Information
As noted in the Summary section of this announcement, RUS intends
to issue a Request for Information (RFI) seeking feedback from
potential applicants and other interested parties on whether the
requirement for facilities constructed with RUS funding to provide 100
Mbps symmetrical service to every premise in the proposed funded
service area (PFSA) at the same time should apply in future funding
rounds. The feedback from that RFI will help inform future funding
announcements, including potentially scoring criteria.
[[Page 58864]]
H. Federal Awarding Agency Contacts
Any questions should be addressed to the contact information
located in the FOR FURTHER INFORMATION CONTACT section of this FOA.
I. Other Information
1. Paperwork Reduction Act. In accordance with the Paperwork
Reduction Act of 1995, the information collection requirements
associated with the ReConnect Program, as covered in this FOA, have
been approved by the Office of Management and Budget (OMB) under OMB
Control Number 0572-0152. This funding announcement does not create any
new information collection requirements nor does it change existing
information collection requirements.
2. Congressional Review Act. Pursuant to Subtitle E of the Small
Business Regulatory Enforcement Fairness Act of 1996 (also known as the
Congressional Review Act or CRA), 5 U.S.C. 801 et seq., the Office of
Information and Regulatory Affairs in the Office of Management and
Budget designated this action as a major rule as defined by 5 U.S.C.
804(2), because it is likely to result in an annual effect on the
economy of $100,000,000 or more. Accordingly, there is a 60-day delay
in the effective date of this action. Application selection will not
begin until after December 27, 2021. Therefore, the 60-day delay
required by the CRA is not expected to have a material impact upon the
administration and/or implementation of the ReConnect Program.
3. USDA Non-Discrimination Statement. In accordance with Federal
civil rights law and USDA civil rights regulations and policies, the
USDA, its Mission Areas, agencies, staff offices, employees, and
institutions participating in or administering USDA programs are
prohibited from discriminating based on race, color, national origin,
religion, sex, gender identity (including gender expression), sexual
orientation, disability, age, marital status, familial status, family/
parental status, income derived from a public assistance program,
political beliefs, or reprisal or retaliation for prior civil rights
activity, in any program or activity conducted or funded by USDA (not
all bases apply to all programs). Remedies and complaint filing
deadlines vary by program or incident.
Program Information may be made available in languages other than
English. Persons with disabilities who require alternative means of
communication to obtain program information (e.g., Braille, large
print, audiotape, American Sign Language, etc.) should contact the
responsible Mission Area, Agency, or staff office; the USDA TARGET
Center at 202-720-2600 (voice and TTY); or the Federal Relay Service at
(800) 877-8339.
To file a program discrimination complaint, a complainant should
complete a Form AD-3027, USDA Program Discrimination Complaint Form,
which can be obtained online at https://www/ocio.usda.gov/documents/ad-3027, from any USDA office, by calling (866) 632-9992, or by writing a
letter addressed to USDA. The letter must contain the complainant's
name, address, telephone number, and a written description of the
alleged discriminatory action in sufficient detail to inform the
Assistant Secretary for Civil Rights about the nature and date of an
alleged civil rights violation. The completed AD-3027 form or letter
must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
20250-9410; or
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: [email protected].
USDA is an equal opportunity provider, employer, and lender.
Christopher A. McLean,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2021-23128 Filed 10-22-21; 8:45 am]
BILLING CODE 3410-15-P