Rural eConnectivity Program, 47690-47696 [2022-16694]

Agencies

• DEPARTMENT OF AGRICULTURE
• Rural Utilities Service

[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47690-47696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16694]


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DEPARTMENT OF AGRICULTURE

Rural Utilities Service

[Docket Number: RUS-22-Telecom-0010]


Rural eConnectivity Program

AGENCY: Rural Utilities Service, USDA.

ACTION: Funding Opportunity Announcement.

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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

[[Page 47691]]

Funding Opportunity Announcement (FOA) to announce that it is accepting 
applications for the second funding round in fiscal year 2022 (FY 22) 
for the Rural eConnectivity Program (the ReConnect Program) utilizing 
funding provided under the Infrastructure and Investment Jobs Act. In 
addition, this FOA defines requirements that are determined at the time 
a funding announcement is published, as outlined in the regulation.

DATES: Beginning on September 6, 2022, applications can be submitted 
through the RUS on-line application portal until 11:59 a.m. Eastern on 
November 2, 2022. Applications will not be accepted after November 2, 
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 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-2022-2
    Dates: Beginning on September 6, 2022, applications can be 
submitted through the RUS on-line application portal until 11:59 a.m. 
Eastern on November 2, 2022. Applications will not be accepted after 
November 2, 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.

A. 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 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 three prior 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.
    This FOA will use funds appropriated for ReConnect under the 
Infrastructure Investment and Jobs Act (IIJA) (Pub. L. 117-58). Under 
this FOA, 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.
    The IIJA provides that in administering the ReConnect Program, the 
Secretary of Agriculture may, for purposes of determining entities 
eligible to receive assistance, consider those communities which are 
``Areas Rural in Character'', as defined in section 343(a)(13)(D) of 
the Consolidated Farm and Rural Development Act. USDA is currently 
developing the process that will be used to implement this option. 
Under this FOA, the Secretary of Agriculture is encouraging 
stakeholders to begin this process and accepting requests to designate 
communities as rural in character.
    3. Definition of terms. The definitions applicable to this FOA are 
as follows:
    i. Alaska Native Corporation means an Alaska Native Regional 
Corporation or an Alaska Native Village Corporation pursuant to the 
Alaska Native Claims Settlement Act, 43 U.S.C. 1602(g)(j).
    ii. Local government means the administration of a particular town, 
county, or district, with representatives elected by those who live 
there.
    iii. Persistent Poverty County is defined as any county with 20 
percent or more of its population living in poverty over the past 30 
years, as measured by the 1990 and 2000 decennial censuses, and the 
2007-2011 American Community Survey 5-6 year average, or any territory 
or possession of the United States.
    iv. 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.
    v. 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. For the purposes of this FOA, 
Puerto Rico, Guam, America Samoa, the Northern Mariana Islands, Palau, 
the Marshall Islands, the Federated States of Micronesia, the U.S. 
Virgin Islands, and Hawaiian Census Tribal areas are considered to be 
Socially Vulnerable Communities. A GIS layer identifying the Socially 
Vulnerable Communities can be found at https://www.usda.gov/reconnect.
    vi. 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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    vii. 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.
    viii. 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. 5130.
    ix. Tribal Land means any area identified by the United States 
Department of Interior as tribal land over which a Tribal Government 
exercises jurisdiction. A GIS layer of most Tribal Lands can be found 
on the RUS mapping tool located at https://www.usda.gov/reconnect.
    x. 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. 
The latest Treasury rates that the ReConnect Program will be using can 
be found under U.S. government securities, available at: https://www.federalreserve.gov/releases/h15/. RUS also provides the latest 
information on interest rates here: https://www.rd.usda.gov/page/rural-utilities-loan-interest-rates#BaseRates. Loans shall bear interest 
equal to the cost of borrowing to the Department of Treasury for 
obligations of comparable maturity. 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 applicant must clearly identify the source of the matching 
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.
    Given the cashflow pinches on many telecommunications providers 
during the COVID pandemic, many previous awardees have requested 
complying with the matching requirement over time, rather than 
depositing all matching funds at once into the Pledged Deposit Account 
(PDA). Because of these extraordinary circumstances, RUS has agreed to 
modify the grant agreement to permit awardees to deposit the required 
matching and other required funds into the PDA on a rolling basis. 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 be used only 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 Alaska Native Corporations, Tribal 
Governments, Colonias, Persistent Poverty Areas and Socially Vulnerable 
Communities.
    For applications submitted under this funding category that meet 
one of the following criteria, no matching funds will be required:
    a. Alaska Native Corporations may submit an application to provide 
service on land owned by the corporation, as defined in the Alaska 
Native Claims Settlement Act. Applicants must submit documentation 
supporting the incorporation.
    b. Tribal Governments may submit an application to provide service 
on Tribal Lands; lands held in trust by the United States for Native 
Americans; lands subject to restrictions on alienation imposed by the 
United States on Indian Lands; or land that they own, provide services 
to, or administer. Applicants must submit documentation supporting land 
ownership, services, or administration.
    c. Projects where 75 percent of the applicant's PFSA(s) are located 
in areas recognized as Colonia as of October 1, 1989. Colonias are 
identified using the GIS layer (Colonia Areas) in the RUS mapping tool 
located at https://reconnect.usda.gov.
    d. Projects where 75 percent of the applicant's PFSA(s) is located 
in persistent poverty counties, defined as any county with 20 percent 
or more of its population living in poverty over the past 30 years, as 
measured by the 1990 and 2000 decennial censuses, and the 2007-2011 
American Community Survey 5-6 year average, or any territory or 
possession of the United States.
    e. Projects where 75 percent of the area of an applicant's PFSA(s) 
consists of Socially Vulnerable Communities, as defined in section 
A.3.iv of this FOA.
    Colonias, persistent poverty counties, Socially Vulnerable 
Communities, and most Tribal Lands are identified on the GIS layers 
included in the RUS mapping tool located at reconnect.usda.gov.
    v. Projects where 90 percent of households lack sufficient access 
to broadband. Applications submitted under this funding category must 
demonstrate that 90 percent of the households in each PFSA do not have 
sufficient access to broadband as defined in this FOA. For applications 
submitted under this funding category, no matching funds will be 
required.
    2. Maximum and minimum funding amounts (7 CFR 1740.3(b)).
    i. 100 Percent Loan. Up to $150,000,000 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 
$150,000,000 is available for loans and up to $150,000,000 is available 
for grants. 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 $150,000,000 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 Alaska Native Corporations, Tribal

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Governments, Colonias, Persistent Poverty Areas and Socially Vulnerable 
Communities. 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 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. Projects serving areas where 90% of households lack sufficient 
access to broadband. Up to $200,000,000 is available for grants. The 
maximum amount of grant funds that can be requested in an application 
is $25,000,000. USDA reserves the right to offer funding to eligible 
Round 3 applicants once all awards from the current round have been 
made.
    vi. Minimum amount. The minimum amount that can be requested in any 
ReConnect Program application is $100,000.
    vii. Repooling. For categories that do not receive applications 
that request the full amount of allocated funds, excess funds may be 
directed to another funding category at RUS's discretion, including but 
not limited to eligible applications not funded in Round 3. 
Additionally, if RUS does not make awards in the full amount allocated 
to a category, RUS may, at its discretion, direct such excess funds to 
another category or round of funding.
    viii. Additional funding. RUS may at its discretion, increase the 
total level of funding available in this funding round or in any 
category in this funding round from any available source provided the 
awards meet the requirements of the statute which made the funding 
available to the agency.

C. Eligibility Information

    1. Eligibility requirements. The eligibility requirements for the 
ReConnect Program are published at 7 CFR part 1740, subpart B.
    2. Eligible service areas. The following areas are eligible:
    i. For a PFSA to be eligible for funding under this FOA, except for 
funding category B.1.v, at least 50 percent of the households in the 
PFSA must lack sufficient access to broadband as defined in this FOA. 
Applicants must submit evidence that sufficient access to broadband 
does not exist for 50 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 
beyond the threshold, the application may 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 receiving, or under consideration for other Federal 
funds are eligible for ReConnect funding as long as an entity has not 
received final approval to receive other Federal funding to construct 
terrestrial facilities providing at least 100/20 Mbps service in the 
proposed funded service areas as of September 6, 2022. With respect to 
RDOF, final approval for this FOA means an RDOF awardee's long-form 
application has received final approval as ready-to-authorize or has 
been authorized to begin receiving support. Applicants submitting a 
project to serve an area in which an entity has already received final 
approval for other Federal funding must explain in the application why 
ReConnect funding is being requested and why RUS should provide 
additional funding, as funds must not be used for duplicative purposes. 
Awardees that receive both other Federal funds and ReConnect funding 
must submit a statement certifying that the funds requested from 
ReConnect have not and will not be reimbursed by another Federal award 
nor used to reimburse another Federal award, and that the Awardee will 
keep separate accounts for each source of funding to track the uses of 
the funding to support the certification statement submitted with the 
ReConnect application. RUS can consider adjusting the service area or 
award amount of a project selected for ReConnect funding if in the 
course of evaluating an application, the Agency learns that the service 
area or a portion of it is already sufficiently served or has received 
final approval for Federal funding to construct facilities that will 
provide sufficient access to broadband as defined under this FOA.
    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 and environmental review expenses. The costs 
associated with satisfying the environmental review requirements are 
also eligible for reimbursement as pre-application expenses. 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.
    In addition, up to three percent of the requested amount can be 
used to fund post-award monitoring expenses that are required to 
mitigate any environmental requirements as long as they are capitalized 
as part of the project. This cost must be specified in the Professional 
Services section of Capital Investment Workbook included as part of the 
application system.
    Pre-application expenses that were incurred under the previous 
round of ReConnect, but benefit an application for this round, may be 
funded up to the five percent of the total award in this round.
    5. Pole attachment. Pole attachment fees associated with the 
construction funded under this FOA are eligible for funding throughout 
the five-year construction period. In addition, if the pole owner 
requires that a pole needs to be replaced to support the broadband 
facilities, the cost of the pole replacement is also an eligible 
expense.
    6. Advance of funds. For this FOA, the advance of funds for a 50/50 
loan grant combination will be as follows: (a) funds substituted for 
the loan component will be advanced first, (b) loan funds will be 
advanced second and (c) grant funds will be advanced third. The advance 
of funds for 100 percent grants that require a matching component will 
be prorated against the amount of matching funds that are required and 
the amount of the grant funds approved.
    7. Community Project Funding/Congressionally Directed Spending. The 
Consolidated Appropriations Act, 2022 (Pub. L. 117-103), included 
funding in the ReConnect Program for nineteen specific broadband 
projects. The proposed service areas for these projects are not 
eligible for funding under this FOA. A GIS layer of the proposed 
service areas for these nineteen projects are located in the ReConnect 
Mapping Tool and can be viewed at https://www.usda.gov/reconnect.
    8. Cybersecurity risk management. It is the policy of the United 
States to strengthen the security and resilience of its critical 
infrastructure against both physical and cyber threats. Applicants

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selected for Federal funding under this notice must demonstrate, prior 
to the signing of the award agreement, effort to consider and address 
cybersecurity risks consistent with the cybersecurity performance goals 
for critical infrastructure and control systems directed by the 
National Security Presidential Memorandum on Improving Cybersecurity 
for Critical Infrastructure Control Systems, or the current draft of 
these goals, found at https://www.cisa.gov/control-systems-goals-and-objectives.
    9. Audit requirements. Non-Federal entities are subject to 2 CFR 
part 200, and therefore are only required to submit a single audit in 
compliance with 2 CFR part 200.
    10. Affordable Connectivity Program. To ensure that all Americans 
can access reliable, high-speed internet, this vital service must also 
be affordable. The Affordable Connectivity Program (ACP), established 
by the IIJA, is a benefit program that helps households afford the 
broadband service they need for work, school, healthcare, civic 
engagement, and economic opportunity. To make the ACP benefit available 
to eligible households, internet providers also need to participate in 
the program. Therefore, to ensure that rural households can take 
advantage of the ACP benefit, applicants selected for Federal funding 
under this notice will be required to apply to participate in the ACP 
before award funds are disbursed.

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 part 1740, subpart E.
    2. Scoring. Applications that have a grant component 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. For 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 where at least 50 percent of the households 
in each proposed service area are not receiving service of at least 25 
Mbps downstream and 3 Mbps upstream will receive 25 points. 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.
    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 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 
if, in their service offerings, they 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.
    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 three categories 
of strong labor standards and protections:
    a. Strong labor standards: whether workers (including employees of 
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; and/or whether the project will use a unionized 
project workforce;
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    \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'').
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    b. Demonstrated compliance with and plans for future compliance 
with labor and employment laws: whether the applicant, has any 
violations of tribal, state or federal labor, workplace safety and 
health, or employment laws within the last five years; and/or whether 
the applicant, its contractors, or subcontractors will commit to union 
neutrality; and/or whether the applicant, its contractors, or 
subcontractors will commit to permitting workers to create worker-led 
health and safety committees that management will meet with upon 
reasonable request; and
    c. A plan to recruit and support an appropriately skilled, trained 
and credentialed workforce (including by contractors and 
subcontractors): 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; 
how the applicant will ensure use of an appropriately skilled workforce 
(e.g., through Registered Apprenticeships or other joint labor-
management training programs that

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serve all workers, particularly those underrepresented or historically 
excluded); how the applicant will ensure use of an appropriately 
credentialed workforce (i.e., satisfying requirements for appropriate 
and relevant pre-existing occupational training, certification, and 
licensure); and/or whether a locally-based workforce will be used. In 
addition, the plan should include whether there are any partnerships 
with training providers, unions, or community colleges to support the 
recruitment and training of the workforce.
    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. An applicant requesting these 
points must incorporate components from each of the three categories 
above. 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 areas (15 Points). For applicants that are Tribal 
governments and Tribal government wholly-owned entities and, at least, 
75 percent of the geographical area of the PFSA(s) is on Tribal lands, 
15 points shall be awarded. For non-Tribal governmental entities where 
at least 50 percent of the geographical area of the PFSA(s) is on 
Tribal Lands, 10 points shall be awarded. Tribal Lands will be analyzed 
using the GIS layers (Tribal Area (BIA LAR); Tribal Supplemental Area 
(BIA LAR); and Tribal Statistical Area (BIA)) in the RUS mapping tool 
located at https://reconnect.usda.gov. For applicants that are ANCs or 
Alaska Native Tribal Governments where at least 50 percent of the 
geographical area of the PFSA(s) is on Census Tribal areas in Alaska, 
15 points shall be awarded. For non-ANC or non-Alaska Native Tribal 
Government entities where at least 50 percent of the geographical area 
of the PFSA(s) is on Census Tribal areas in Alaska, 10 points shall be 
awarded. Census Tribal areas in Alaska will be analyzed using the GIS 
layer (Alaska Census Tribal Areas) layer in the RUS mapping tools 
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 principles, 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 (a) block lawful content, applications, 
services, or non-harmful devices, subject to reasonable network 
management; (b) 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 (c) 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 (1) in exchange for consideration (monetary 
or otherwise) from a third party, or (2) to benefit an affiliated 
entity.
    x. Wholesale broadband services (10 points). Companies that propose 
to buy market access, bandwidth, functionality and servicing on a 
wholesale basis with the intent of reselling their purchased 
``capacity'' on the retail market to businesses and consumers, with 
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 part 1740, subpart F.
    2. Compliance with applicable law. Use of funds for this program 
shall comply with requirements outlined in the Secure and Trusted 
Communications Networks Act of 2019 (Pub. L. 116-124). Listed equipment 
and services covered by Section 2 of The Secure and Trusted 
Communications Networks Act are prohibited. See https://www.fcc.gov/supplychain/coveredlist for details.
    3. Other requirements. All applications are subject to the 
additional requirements contained in 7 CFR part 1740, subpart G.
    4. 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 union organizing.

G. Federal Awarding Agency Contacts

    Any questions should be addressed to the contact information 
located in the FOR FURTHER INFORMATION CONTACT section of this FOA.

H. Build America, Buy America

    1. Funding to non-Federal entities. Funding to non-Federal 
entities, defined pursuant to 2 CFR 200.1 as any State, local 
government, Indian tribe, Institution of Higher Education, or nonprofit 
organization, shall be governed by the requirements of Section 70914 of 
the Build America, Buy America Act (BABA) within the IIJA.
    2. Funding to entities that are not non-Federal entities. Funding 
to any entity that is not a non-Federal entity shall be governed by the 
Agency's Buy American requirement at 7 CFR part 1787.

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 October 3, 2022. 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

[[Page 47696]]

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.usda.gov/sites/default/files/documents/usda-program-discrimination-complaint-form.pdf, from 
any USDA office, by calling (866) 632-9992, or by writing a letter 
addressed to USDA. The letter must contain the complainant's name, 
address, telephone number, and a written description of the alleged 
discriminatory action in sufficient detail to inform the Assistant 
Secretary for Civil Rights 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. 2022-16694 Filed 8-1-22; 11:15 am]
BILLING CODE 3410-15-P