Notice of Funding Opportunity for the Community Connect Grant Program for Fiscal Year 2023, 16579-16584 [2023-05549]
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16579
Notices
Federal Register
Vol. 88, No. 53
Monday, March 20, 2023
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
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AGENCY FOR INTERNATIONAL
DEVELOPMENT
USAID Information Collection
Activities; Submission for OMB
Review, Comment Request, Legislative
and Public Affairs (LPA) Bureau
USAID.
Notice of information collection;
request for comment.
AGENCY:
ACTION:
USAID Bureau for Legislative
and Public Affairs (LPA) and USAID/
Ghana Mission are collaborating to
conduct research regarding public
perception of USAID programs in
Ghana. The goal of this research is to
use both qualitative and quantitative
methods to gain insights into Ghanaian
people’s awareness and perceptions of
development and USAID assistance
programs and activities. The research
will also narrow preferred media
channels. The research data in the
report will be aggregated and not
provide PII or other privacy-related
information. USAID LPA invites the
general public and other Federal
agencies to take this opportunity to
comment on the following new
information collection, as required by
the Paperwork Reduction Act of 1995.
DATES: Comments will be accepted until
May 5, 2023.
ADDRESSES: To access and review all the
documents related to the information
collection listed in this notice, please
access the survey questionnaire at
https://drive.google.com/file/d/
1l0zdb2aPbYGaG_
9bAmsIC7jaKQrDQ4Ww/
view?usp=sharing, the interview guide
at https://drive.google.com/file/d/
1GHCuNQGl3pExz7aDvRCVQvTVpZ78wu6/view?usp=sharing, and
the focus group screening questionnaire
at https://drive.google.com/file/d/
1m1uC4CgSrv8Pxi9_UwTYvpAGwxvmVys/view?usp=sharing.
Comments submitted in response to this
notice should be submitted
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electronically through the Federal
Register.
FOR FURTHER INFORMATION CONTACT:
Written requests for information or
comments submitted by postal mail or
delivery should be addressed to Lauren
Shaw, the Director of International
Communications, at 1300 Pennsylvania
Avenue, Suite 6.10A, Washington, DC
20523 or via email at staffdoc@
usaid.gov. Verbal requests for
information or comments submitted can
contact 202–712–4300.
SUPPLEMENTARY INFORMATION:
Title of Information Collection:
USAID Bureau for Legislative and
Public Affairs and USAID/Ghana Public
Opinion Research.
Type of Request: Notice for public
comment; generic clearance.
Originating Office: USAID Bureau for
Legislative and Public Affairs (LPA).
Respondents: Members of the
Ghanaian public: women, youths (ages
15–24), farmers, pelagic fishers, service
providers, entrepreneurs, rural
community leaders, and members of
civil society organizations.
Respondent’s obligation to respond:
Voluntary.
Estimated number of respondents:
2,266 Ghanaians total (2,200 survey
respondents, 48 focus-group
participants [eight participants across
six sessions], and 18 interviewees).
Average Time per Response: 30
minutes for survey respondents and
interviews, 90 minutes for focus groups.
Frequency of response:
Approximately every two years.
Total estimated burden: 596 hours.
Total estimated cost: $59,624.55.
We are soliciting public comments to
permit USAID to:
• Evaluate the accuracy of our
estimate of the time and cost burden for
this proposed collection, including the
validity of the methodology and
assumptions used.
• Enhance the quality, utility, and
clarity of the information to be
collected.
• Minimize the reporting burden on
those who are to respond, including the
use of automated collection techniques
or other forms of information
technology.
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Please note that comments submitted
in response to this Notice are public
record.
Lauren Shaw,
Director, International Communications.
[FR Doc. 2023–04681 Filed 3–17–23; 8:45 am]
BILLING CODE 6116–01–P
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
[Docket No. RUS–22–TELECOM–0058]
Notice of Funding Opportunity for the
Community Connect Grant Program
for Fiscal Year 2023
Rural Utilities Service, USDA.
Notice of funding opportunity.
AGENCY:
ACTION:
The Rural Utilities Service
(RUS or the Agency), a Rural
Development (RD) agency of the United
States Department of Agriculture
(USDA), announces the acceptance of
applications under the Community
Connect Grant (CCG) program for Fiscal
Year 2023. The Agency has
approximately $79 million for FY 2023.
These grant funds will be made
available to eligible applicants to
construct broadband networks that
provide service on a communityoriented connectivity basis in rural
areas. All applicants are responsible for
any expenses incurred in developing
their applications.
DATES: Completed applications for
grants must be submitted electronically
by no later than 11:59 a.m. Eastern Time
(ET), June 20, 2023.
ADDRESSES: All applications must be
submitted electronically at: https://
www.rd.usda.gov/community-connect.
This funding opportunity will also be
posted to https://www.grants.gov.
FOR FURTHER INFORMATION CONTACT:
Randall Millhiser at randall.millhiser@
usda.gov, Deputy Assistant
Administrator, Office of Loan
Origination and Approval, RUS, U.S.
Department of Agriculture, 1400
Independence Avenue SW, Mail Stop
1590, Room 4121–S, Washington, DC
20250–1590, or call (202) 578–6926.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Overview
Federal Awarding Agency Name:
Rural Utilities Service.
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Funding Opportunity Title:
Community Connect Grant Program.
Announcement Type: Notice of
Funding Opportunity.
Funding Opportunity Number:
RDRUS–CC–2023.
Assistance Listing: 10.863.
Dates: Completed electronic
applications must be filed through
https://www.rd.usda.gov/communityconnect by 11:59 a.m. Eastern Time (ET)
on June 20, 2023. Late or incomplete
applications will not be accepted.
Rural Development Key Priorities: The
Agency encourages applicants to
consider projects that will advance the
following key priorities:
• Assisting rural communities to
recover economically through more and
better market opportunities and through
improved infrastructure.
• Ensuring all rural residents have
equitable access to RD programs and
benefits from RD funded projects.
• Reducing climate pollution and
increasing resilience to the impacts of
climate change through economic
support to rural communities.
B. Federal Award Information
A. Program Description
C. Eligibility Information
1. Purpose of the Program. The
program provides financial assistance to
eligible applicants that will provide
service at or above the broadband grant
speed to all premises in rural,
economically-challenged communities
where broadband service does not exist.
The deployment of broadband services
on a ‘‘community-oriented
connectivity’’ basis stimulates economic
development and provides enhanced
educational and health care
opportunities in rural areas.
2. Statutory and Regulatory Authority.
The CCG program is authorized under
the Rural Electrification Act of 1936
(REAct) and implemented by 7 CFR part
1739.
3. Definitions. The definitions
applicable to this notice are published
at 7 CFR 1739.3 and repeated within the
FY 2023 CCG Program Application
Guide (Application Guide) available at:
https://www.rd.usda.gov/communityconnect.
4. Application of Awards. Awards
under the CCG program will be made on
a competitive basis using specific
review criteria contained in 7 CFR
1739.16. The Agency will review,
evaluate and score applications received
in response to this notice based on the
provisions found in 7 CFR 1739.17 and
as indicated in this notice. The Agency
advises all interested parties that the
applicant bears the full burden in
preparing and submitting an application
in response to this notice.
1. Eligible Applicants. Eligible
applicants must meet the eligibility
requirements of 7 CFR 1739.10. Only
entities legally organized as one of the
following are eligible for Community
Connect Grant Program financial
assistance:
(a) Incorporated organization;
(b) Indian tribe or tribal organization,
as defined in 25 U.S.C. 5304;
(c) State government;
(d) Local unit of government;
(e) Any other legal entity, including a
cooperative, private corporation, or
limited liability company organized on
a for-profit or not-for-profit basis.
References in this program to a state,
state government, or state agency are
meant to include the Commonwealth of
Puerto Rico, the Virgin Islands of the
United States, Guam, American Samoa,
the Commonwealth of the Northern
Mariana Islands, the Federated States of
Micronesia, Palau, and the Marshall
Islands.
Applicants must have the legal
capacity and authority to enter into
contracts, to comply with applicable
federal statutes and regulations, and to
own and operate the broadband
facilities as proposed in their
application. Corporations that have been
convicted of a federal felony within the
past 24 months are not eligible. Any
corporation that has been assessed to
have any unpaid federal tax liability, for
which all judicial and administrative
remedies have been exhausted or have
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Type of Award: Grants.
Fiscal Year Funds: FY 2023.
Available Funds: The Agency
estimates that approximately $79
million will be available for FY 2023.
RUS may at its discretion, increase the
total level of funding available 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.
Minimum Award: $100,000.
Maximum Award: $5,000,000.
Anticipated Award Date: September
2023.
Performance Period: 3 years.
Renewal or Supplemental Awards:
While prior Community Connect grants
cannot be renewed, existing Community
Connect awardees can submit
applications for new projects. The
Agency will evaluate project proposals
from existing awardees as new
applications. Only one grant application
per applicant is eligible for approval
under this grant opportunity.
Type of Assistance Instrument: Grant.
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lapsed and is not being paid in a timely
manner pursuant to an agreement with
the authority responsible for collecting
the tax liability, is not eligible for
financial assistance.
2. Cost Sharing or Matching. The
Program requires matching
contributions as specified in 7 CFR
1739.14. The Application Guide
provides additional information on
required matching contributions.
3. Other. All submitted proposals
must meet the eligibility requirements
listed at 7 CFR 1739.11. For FY 2023
applications, the additional eligibility
requirements apply:
(a) Proposed Funded Service Area
(PFSA). The applicant must define a
contiguous geographic, area located
entirely within an eligible rural area, in
which Broadband Service does not exist
and where the applicant proposes to
offer service at the Broadband Grant
Speed to all residential and business
customers. The PFSA may consist of
multiple municipalities and may be
located in more than one state.
(i) RUS will validate that broadband
service does not exist in areas that
applicants describe as having no
broadband access or access that is less
than 25 Megabits per second (Mbps)
downstream plus 3 Mbps upstream.
(ii) The broadband grant speed is 100
Mbps downstream and 20 Mbps
upstream for fixed terrestrial broadband
service, whether fixed or wireless.
(iii) A PFSA must not overlap with
service areas of current RUS borrowers
and grantees.
(iv) Areas receiving, or areas that have
received final approval for, other federal
funding to construct terrestrial facilities
providing at least 25/3 Mbps service in
the project Proposed Funded Service
Area as of the date of this notice, and
which have been reported to the agency,
are ineligible. As a result, no
Community Connect funds may be used
to duplicate costs, services, connections,
facilities, or equipment that have been
authorized under such areas. Applicants
submitting a project to serve an area in
which the same entity has already
received final approval for other federal
funding must explain in the application
why Community Connect 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 Community
Connect funding must submit a
statement certifying that the funds
requested from Community Connect
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
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accounts for each source of funding to
track the uses of the funding to support
the certification statement submitted
with the Community Connect
application. RUS can consider adjusting
the service area or award amount of a
project selected for Community Connect
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 notice.
(v) A certification from the
appropriate tribal official is required if
service is being proposed over or on
Tribal Lands. 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. Tribal
Lands are identified on the GIS layers
included in the Community Connect
mapping tool located at https://
www.rd.usda.gov/community-connect.
(vi) The Consolidated Appropriations
Act, 2022 (Pub. L. 117–103) and the
Consolidated Appropriations Act, 2023
(Pub. L. 117–328), included funding
under the ReConnect Program for
Community Project Funding/
Congressionally Directed Spending
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
projects will be made available in the
Community Connect mapping tool
located at: https://www.rd.usda.gov/
community-connect.
(b) Essential Community Facilities.
The applicant must propose to offer free
service at the Broadband Grant Speed to
all participating Essential Community
Facilities located within the PFSA for at
least two years.
(c) Community Center. The applicant
must provide a Community Center
within the PFSA with a minimum of 2,
and up to 10, computer access points
and wireless access at the Broadband
Grant Speed, free of all charges, to all
users for at least two years. Grant funds
used for the improvement, expansion,
construction, or acquisition of a
community center must not exceed the
lesser of 10 percent of the requested
grant amount or $150,000.
D. Application and Submission
Information
1. Address To Request Application
Package. The Application Guide, copies
of necessary forms and resources are
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available at: https://www.rd.usda.gov/
community-connect. Application
information is also available at https://
www.grants.gov/.
2. Content and Form of Application
Submission.
(a) Application Completion. Carefully
review the Application Guide and 7
CFR part 1739, which detail all relevant
forms and worksheets. The components
of a complete application can be found
at 7 CFR 1739.15, and the Application
Guide and Community Connect
Application Checklist.
(b) Submission of Application Items.
Given the high volume of program
interest, applicants should submit the
application items in the order indicated
in the Application Guide. Applications
that are not assembled and tabbed in the
specified order prevent timely
determination of eligibility. For FY
2023, one proposal per applicant is
eligible for approval. If an applicant
submits more than one proposal, then
the Agency will only consider the
application with the highest score.
3. System for Award Management and
Unique Entity Identifier.
(a) At the time of application, each
applicant must have a Unique Entity
Identifier (UEI) and an active
registration in the System for Award
Management (SAM) before submitting
its application in accordance with 2
CFR part 25. Instructions for obtaining
the UEI are available at https://sam.gov/
content/entity-registration.
(b) Applicant must maintain an active
SAM registration, with current, accurate
and complete information, at all times
during which it has an active Federal
award or an application under
consideration by a federal awarding
agency.
(c) Applicant must ensure they
complete the Financial Assistance
General Certifications and
Representations in SAM.
(d) Applicants must provide a valid
UEI in its application, unless
determined exempt under 2 CFR 25.110.
(e) The Agency will not make an
award until the applicant has complied
with all SAM requirements including
providing the UEI. If an applicant has
not fully complied with the
requirements by the time the Agency is
ready to make an award, the Agency
may determine that the applicant is not
qualified to receive a federal award and
use that determination as a basis for
making a federal award to another
applicant.
4. Submission Dates and Times.
(a) Application Technical Assistance:
Prior to official submission of
applications, applicants may request
technical assistance or other application
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16581
guidance from the Agency, as long as
such requests are made prior to the
closing of the application window.
(b) Application Deadline Date:
Completed electronic applications must
be filed through https://
www.rd.usda.gov/community-connect
by 11:59 a.m. Eastern Time (ET) on June
20, 2023.
(c) Applications Received After
Deadline Date: If completed
applications are not received by the
application deadline date provided in
Section D.4(b) above, the application
will neither be reviewed nor considered
for funding under any circumstances.
5. Funding Restrictions. Ineligible
grant purposes are listed at 7 CFR
1739.13. Grant funds may not be used
to finance the duplication of lines,
facilities, or systems providing
broadband service.
6. Other Submission Requirements.
Applications will not be accepted via
mail, fax or electronic mail. Electronic
applications for grants must be
submitted through the Community
Connect Portal. The Community
Connect Portal can be found on the
Community Connect website at: https://
www.rd.usda.gov/community-connect.
The Community Connect Portal
requires all users to obtain Level II
eAuthentication accounts and for
applicant users to submit an Authorized
Representative Request (ARR) and a
resolution in order to access the portal
to submit an application. These
procedures may take several business
days to complete; therefore, the
applicant should complete the
registration, credentialing, and
authorization procedures before
submitting an application. Instructions
on creating a Level II eAuthentication
account are available at: https://
www.eauth.usda.gov/home/. If system
errors or technical difficulties occur, use
the Contact Us Form available on the
Community Connect website at: https://
www.rd.usda.gov/programs-services/
telecommunications-programs/
community-connect-grants#contact.
RUS also reserves the right to ask
applicants for clarifying information
and additional verification of assertions
in the application.
E. Application Review Information
1. Criteria.
(a) Scoring Criteria. All scoring
criteria is outlined in 7 CFR 1739.17 and
in the Application Guide.
(b) Ineligible Areas. RUS will not fund
projects located in an area that does not
meet the definition of ‘‘rural area’’
found in 7 CFR 1739.3.
(c) Pending Applications. RUS will
not fund more than one project that
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proposes to provide broadband service
in the same geographic area. If a project
overlaps the PFSA of an application
already submitted to the Rural
eConnectivity Program (ReConnect
Program), the Telecommunications
Infrastructure Loan and Loan Guarantee
Program, or the Rural Broadband Access
Loan and Loan Guarantee Program, the
project will not be considered until a
determination is made on the previously
submitted application.
(d) Substantially Underserved Trust
Areas (SUTA). Applicants seeking
assistance may request consideration
under the SUTA provisions in 7 U.S.C.
936f.
(i) If the Administrator determines
that a community within ‘‘trust land’’
(as defined in 38 U.S.C. 3765) has a high
need for the benefits of the Program, the
Administrator may designate the
community as a ‘‘substantially
underserved trust area’’ (as defined in
section 306F of the REAct).
(ii) To receive consideration under
SUTA, the applicant must submit to the
Agency a completed application that
includes all information requested in 7
CFR part 1700, subpart D. In addition,
the application must identify the
discretionary authorities within Subpart
D that it seeks to have applied to its
application.
2. Review and Selection Process. Once
the Agency has received the application,
the Agency will publish a public notice
of each application in accordance with
7 CFR 1739.15(l). The CCG Public
Notice Filings for each application may
be found at https://www.rd.usda.gov/
community-connect and clicking the
‘‘Public Notice Filings’’ button. The
Agency will use the information
submitted to determine if there is
sufficient access to broadband in any
part of the proposed funded service
area. Notwithstanding non-responses by
actual and potential providers, the
Agency will use all information
available in evaluating the feasibility of
the project.
Grants are awarded in rank order,
subject to the availability of funds and
consistent with 7 CFR 1739.16 and 7
CFR 1739.17. It should be noted that an
application receiving fewer points can
be selected over an application
receiving more points in the event that
there are insufficient funds available to
cover the costs of the higher scoring
application or if the higher scoring
application would consume a
disproportionate amount of funds
available relative to its ranking., as
stated in 7 CFR 1739.16(f).
The Agency reserves the right to offer
the applicant a lower amount than the
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amount proposed in the application, as
stated in 7 CFR 1739.16(g).
If the Agency receives more than one
proposal from the same applicant, then
the Agency will only consider the
application with the highest score,
except in accordance with 7 CFR
1739.16(f).
F. Federal Award Administration
Information
1. Federal Award Notices.
(a) RUS notifies applicants whose
projects are selected for awards by
mailing and/or emailing a copy of an
award letter. The receipt of an award
letter does not authorize the applicant to
commence performance under the
award. After sending the award letter,
the Agency will send an agreement that
contains all the terms and conditions for
the grant.
(b) An applicant must execute and
return the grant agreement,
accompanied by any additional items
required by the agreement, within the
number of days specified in the
selection notice letter.
2. Administrative and National Policy
Requirements. The items listed in this
announcement, the CCG program
regulation, the Application Guide, and
program resources implement the
appropriate administrative and national
policy requirements, which include but
are not limited to:
(a) Executing a CCG Agreement.
(b) Using Form SF 270, ‘‘Request for
Advance or Reimbursement,’’ to request
reimbursements (along with the
submission of receipts for expenditures,
timesheets, and any other
documentation to support the request
for reimbursement).
(c) Ensuring that records are
maintained to document all activities
and expenditures utilizing CCG funds
and matching funds (receipts for
expenditures are to be included in this
documentation).
(d) Complying with policies,
guidance, and requirements as
described in the following applicable
Code of Federal Regulations, and any
successor regulations:
(i) 2 CFR parts 200 and 400 (Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards). The government must
be provided an exclusive first lien on all
grant assets during the service
obligation of the grant, and thereafter
any sale or disposition of grant assets
must comply with the Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards, codified in 2 CFR part
200. Note that this part will apply to
ALL grant funds of an Awardee,
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regardless of the entity status or type of
organization.
(ii) 2 CFR parts 417 and 180
(Governmentwide Nonprocurement
Debarment and Suspension).
(iii) Complying with Executive Order
13166, ‘‘Improving Access to Services
for Persons with Limited English
Proficiency.’’ For information on limited
English proficiency and agency-specific
guidance, go to https://www.LEP.gov.
(iv) Accountability and Compliance
with Civil Rights Laws. The regulation
found at 7 CFR part 1901 Subpart E
contains policies and procedures for
implementing the regulations of the
Department of Agriculture issued
pursuant to Title VI of the Civil Rights
Act of 1964, Title VIII of the Civil Rights
Act of 1968, Title IX, Section 504 of the
Rehabilitation Act of 1973, Executive
Order 13166, Executive Order 11246,
and the Equal Credit Opportunity Act of
1974, as they relate to Rural
Development. Nothing herein shall be
interpreted to prohibit preference to
American Indians on Indian
Reservations.
(1) The policies contained in this
subpart apply to recipients. As
recipients of federal financial assistance,
awardees are required to comply with
the applicable federal, state and local
laws. Title VI of the Civil Rights Act of
1964 and Section 504 of the
Rehabilitation Act prohibits
discrimination by recipients of federal
financial assistance. Recipients are
required to adhere to specific outreach
activities. These outreach activities
include contacting community
organizations and leaders that include
minority leaders; advertising in local
newspapers and other media throughout
the entire service area; and including
the nondiscrimination slogan, ‘‘This is
an Equal Opportunity Program.
Discrimination is prohibited by Federal
Law,’’ in methods that may include, but
not be limited to, advertisements, public
broadcasts, and printed materials, such
as brochures and pamphlets. All
recipients must submit and have on file
a valid Form RD 400–1 (Equal
Opportunity Agreement); and RD Form
400–4 (Assurance Agreement).
(2) By completing the SAM
Certification and Representations,
recipients affirm they will operate the
program free from discrimination. The
recipient will maintain the race and
ethnic data on the board members and
beneficiaries of the program. The
recipient will provide alternative forms
of communication to persons with
limited English proficiency. The Agency
will conduct Civil Rights Compliance
Reviews on recipients to identify the
collection of racial and ethnic data on
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program beneficiaries. In addition, the
Compliance Review will ensure that
equal access to the program benefits and
activities are provided for persons with
disabilities and language barriers.
3. Reporting.
(a) Annual Project Performance
Activity Report. All recipients of
Community Connect financial
assistance must provide annual project
performance activity reports to RUS
until the project is complete and the
funds are expended. A final
performance report is also required; the
final report may serve as the last annual
report. The final report must include an
evaluation of the success of the project
in meeting the Community Connect
Grant Program objectives. See 7 CFR
1739.19 for additional information on
these reporting requirements.
(b) Annual Performance Report. For
three years starting the first January 31st
after Project Completion, the Awardee
must submit the following information
utilizing RUS’ online reporting system:
(i) Existing network service
improvements and facility upgrades, as
well as new equipment and capacity
enhancements that support high-speed
broadband access for educational
institutions, health care providers, and
public safety service providers;
(ii) The estimated number of end
users who are currently using or
forecasted to use the new or upgraded
infrastructure;
(iii) The progress towards fulfilling
the objectives for which the assistance
was granted;
(iv) The speed and average price of
the most subscribed tier of the
Awardee’s broadband service offerings
in the Project’s service area; and
(v) The average price of broadband
service in the Project’s service area;
(c) Annual Map Reporting. No later
than thirty (30) calendar days after the
end of the Calendar Year, the Awardee
shall be required to submit an updated
Approved Project Service Area map
through RUS’ online mapping tool
showing the areas where construction
has been completed and geospatial
location of residences and businesses
that are receiving new broadband
service until the entire Approved
Project Service Area can receive the
broadband service.
(d) Financial Reporting. All recipients
of Community Connect financial
assistance must provide an annual
audit, consistent with the Community
Connect grant agreement, and the
applicable USDA audit regulations at 7
CFR 1739.20, 7 CFR part 1773, or 2 CFR
part 200, subpart F, as applicable.
(e) Recipient and Sub-recipient
Reporting. The applicant must have the
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17:19 Mar 17, 2023
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necessary processes and systems in
place to comply with the reporting
requirements for first-tier subawards
and executive compensation under the
Federal Funding Accountability and
Transparency Act of 2006 in the event
the applicant receives funding, unless
such applicant is exempt from such
reporting requirements pursuant to 2
CFR 170.110(b). The reporting
requirements under the Transparency
Act pursuant to 2 CFR part 170 are as
follows:
(i) First Tier Subawards of $25,000 or
more (unless they are exempt under 2
CFR part 170) must be reported by the
recipient to https://www.fsrs.gov no
later than the end of the month
following the month the obligation was
made. There is currently underway a
consolidation of eight federal
procurement systems, including the
Federal Subaward Reporting System
(FSRS), into one system, the System for
Award Management (SAM). As a result,
the FSRS will soon be consolidated into
and accessed through https://
www.sam.gov.
(ii) The total compensation of the
recipient’s executives (the five most
highly compensated executives) must be
reported by the recipient (if the
recipient meets the criteria under 2 CFR
part 170) to https://www.sam.gov by the
end of the month following the month
in which the award was made.
(iii) The total compensation of the
subrecipient’s executives (the five most
highly compensated executives) must be
reported by the subrecipient (if the
subrecipient meets the criteria under 2
CFR part 170) to the recipient by the
end of the month following the month
in which the subaward was made.
(f) Record Keeping and Accounting.
The agreement will contain provisions
related to record keeping and
accounting requirements.
G. Federal Awarding Agency Contacts
The CCG website maintains up-todate resources and contact information
for the CCG Program. The CCG has a
Contact page located at https://
www.rd.usda.gov/programs-services/
telecommunications-programs/
community-connect-grants#contact. For
inquiries regarding eligibility concerns,
please contact your General Field
Representative (GFR) at: https://
www.rd.usda.gov/contact-us/telecomgfr. Persons with disabilities that require
alternative means for communication
should contact the U.S. Department of
Agriculture (USDA) Target Center at
(202) 720–2600 (voice) or the 711 Relay
Service.
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16583
H. Build America, Buy America
1. Funding to Non-Federal Entities.
Awardees that are 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 (BABAA) within the
Infrastructure Investment and Jobs Act,
Public Law 117–58. Any requests for
waiver of these requirements must be
submitted pursuant to USDA’s guidance
available online at: https://
www.usda.gov/ocfo/federal-financialassistance-policy/
USDABuyAmericaWaiver.
2. Funding to All Other Entities.
Awardees that are not Non-Federal
Entities shall be governed by the
Agency’s Buy American requirement at
7 CFR part 1787. Any requests for
waiver of these requirements must be
submitted pursuant to those regulations.
I. Other Information
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
chapter 35), the information collection
requirements associated with the
programs, as covered in this notice,
have been approved by the Office of
Management and Budget (OMB) under
OMB Control Number 0572–0127.
National Environmental Policy Act
All recipients under this Notice are
subject to the requirements of 7 CFR
part 1970.
Federal Funding Accountability and
Transparency Act
All applicants, in accordance with 2
CFR part 25, must be registered in SAM
and have a UEI number as stated in
Section D.3 of this notice. All recipients
of Federal financial assistance are
required to report information about
first-tier subawards and executive total
compensation in accordance with 2 CFR
part 170.
Civil Rights Act
All grants made under this notice are
subject to Title VI of the Civil Rights Act
of 1964 as required by the USDA (7 CFR
part 15, subpart A—Nondiscrimination
in Federally-Assisted Programs of the
Department of Agriculture—Effectuation
of Title VI of the Civil Rights Act of
1964) and Section 504 of the
Rehabilitation Act of 1973, Title VIII of
the Civil Rights Act of 1968, Title IX,
Executive Order 13166 (Limited English
Proficiency), Executive Order 11246,
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16584
Federal Register / Vol. 88, No. 53 / Monday, March 20, 2023 / Notices
and the Equal Credit Opportunity Act of
1974.
USDA is an equal opportunity
provider, employer, and lender.
Nondiscrimination Statement
Andrew Berke,
Administrator, Rural Utilities Service, USDA
Rural Development.
In accordance with Federal civil
rights laws and U.S. Department of
Agriculture (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, 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)
should contact the responsible Mission
Area, agency, or staff office; the USDA
TARGET Center at (202) 720–2600
(voice and TTY); or the 711 Relay
Service.
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/ad-3027.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 (ASCR) 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.
VerDate Sep<11>2014
17:19 Mar 17, 2023
Jkt 259001
[FR Doc. 2023–05549 Filed 3–17–23; 8:45 am]
BILLING CODE 3410–15–P
COMMISSION ON CIVIL RIGHTS
Notice of Public Meeting of the Georgia
Advisory Committee to the U.S.
Commission on Civil Rights
U.S. Commission on Civil
Rights.
ACTION: Announcement of meeting.
AGENCY:
Notice is hereby given,
pursuant to the provisions of the rules
and regulations of the U.S. Commission
on Civil Rights (Commission) and the
Federal Advisory Committee Act, that
the Georgia Advisory Committee
(Committee) to the U.S. Commission on
Civil Rights will hold a business
meeting via web conference. The
purpose of the meeting is to discuss
post-report activities and review
proposed topics from the Committee for
their next civil rights project.
DATES: Wednesday, April 5, 2023, from
1 p.m.–2 p.m. ET.
ADDRESSES: The meeting will be held
via Zoom.
Registration Link (Audio/Visual):
https://www.zoomgov.com/j/
1619903271
Join by Phone (Audio Only): 1–833–
435–1820 USA Toll Free; Meeting ID:
161 990 3271#
FOR FURTHER INFORMATION CONTACT:
Victoria Moreno, Acting DFO, at
vmoreno@usccr.gov.
SUPPLEMENTARY INFORMATION:
Committee meetings are available to the
public through the meeting link or
telephone number listed above. Any
interested member of the public may
listen to the meeting. An open comment
period will be provided to allow
members of the public to make a
statement as time allows. If joining via
phone, callers can expect to incur
regular charges for calls they initiate
over wireless lines, according to their
wireless plan. The Commission will not
refund any incurred charges. Closed
captions will be provided. Individuals
who are deaf, deafblind, and hard of
hearing may also follow the proceedings
by first calling the Federal Relay Service
at 1–800–877–8339 and providing the
Service with the conference details
found through the web link above. To
request additional accommodations,
SUMMARY:
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
please email svillanueva@usccr.gov at
least ten (10) business days prior to the
meeting.
Members of the public are also
entitled to submit written comments;
the comments must be received in the
regional office within 30 days following
the meeting. Written comments may be
emailed to Sarah Villanueva at
svillanueva@usccr.gov. Persons who
desire additional information may
contact the Regional Programs
Coordination Unit at 1–202–769–2843.
Records generated from this meeting
may be inspected and reproduced at the
Regional Programs Coordination Unit
Office, as they become available, both
before and after the meeting. Records of
the meeting will be available via
www.facadatabase.gov under the
Commission on Civil Rights, Georgia
Advisory Committee link. Persons
interested in the work of this Committee
are directed to the Commission’s
website, https://www.usccr.gov, or may
contact the Regional Programs
Coordination Unit at the above email.
Agenda
I. Welcome and Roll Call
II. Approval of Minutes
III. Announcements and Updates
IV. Discussion: Post-Report Activities
V. Discussion: Proposed Civil Rights
Topics
VI. Next Steps
VII. Public Comment
VIII. Adjournment
Dated: March 14, 2023.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2023–05521 Filed 3–17–23; 8:45 am]
BILLING CODE P
COMMISSION ON CIVIL RIGHTS
Notice of Public Meeting of the North
Carolina Advisory Committee to the
U.S. Commission on Civil Rights
U.S. Commission on Civil
Rights.
ACTION: Announcement of virtual
business meeting.
AGENCY:
Notice is hereby given,
pursuant to the provisions of the rules
and regulations of the U.S. Commission
on Civil Rights (Commission) and the
Federal Advisory Committee Act, that
the North Carolina Advisory Committee
(Committee) to the U.S. Commission on
Civil Rights will hold a virtual business
meeting via Zoom at 12:00 p.m. ET on
Tuesday, April 18, 2023. The purpose of
this meeting is to continue revising the
report on Legal Financial Obligations in
the state.
SUMMARY:
E:\FR\FM\20MRN1.SGM
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Agencies
[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Notices]
[Pages 16579-16584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05549]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
[Docket No. RUS-22-TELECOM-0058]
Notice of Funding Opportunity for the Community Connect Grant
Program for Fiscal Year 2023
AGENCY: Rural Utilities Service, USDA.
ACTION: Notice of funding opportunity.
-----------------------------------------------------------------------
SUMMARY: The Rural Utilities Service (RUS or the Agency), a Rural
Development (RD) agency of the United States Department of Agriculture
(USDA), announces the acceptance of applications under the Community
Connect Grant (CCG) program for Fiscal Year 2023. The Agency has
approximately $79 million for FY 2023. These grant funds will be made
available to eligible applicants to construct broadband networks that
provide service on a community-oriented connectivity basis in rural
areas. All applicants are responsible for any expenses incurred in
developing their applications.
DATES: Completed applications for grants must be submitted
electronically by no later than 11:59 a.m. Eastern Time (ET), June 20,
2023.
ADDRESSES: All applications must be submitted electronically at:
https://www.rd.usda.gov/community-connect. This funding opportunity
will also be posted to https://www.grants.gov.
FOR FURTHER INFORMATION CONTACT: Randall Millhiser at
[email protected], Deputy Assistant Administrator, Office of
Loan Origination and Approval, RUS, U.S. Department of Agriculture,
1400 Independence Avenue SW, Mail Stop 1590, Room 4121-S, Washington,
DC 20250-1590, or call (202) 578-6926.
SUPPLEMENTARY INFORMATION:
Overview
Federal Awarding Agency Name: Rural Utilities Service.
[[Page 16580]]
Funding Opportunity Title: Community Connect Grant Program.
Announcement Type: Notice of Funding Opportunity.
Funding Opportunity Number: RDRUS-CC-2023.
Assistance Listing: 10.863.
Dates: Completed electronic applications must be filed through
https://www.rd.usda.gov/community-connect by 11:59 a.m. Eastern Time
(ET) on June 20, 2023. Late or incomplete applications will not be
accepted.
Rural Development Key Priorities: The Agency encourages applicants
to consider projects that will advance the following key priorities:
Assisting rural communities to recover economically
through more and better market opportunities and through improved
infrastructure.
Ensuring all rural residents have equitable access to RD
programs and benefits from RD funded projects.
Reducing climate pollution and increasing resilience to
the impacts of climate change through economic support to rural
communities.
A. Program Description
1. Purpose of the Program. The program provides financial
assistance to eligible applicants that will provide service at or above
the broadband grant speed to all premises in rural, economically-
challenged communities where broadband service does not exist. The
deployment of broadband services on a ``community-oriented
connectivity'' basis stimulates economic development and provides
enhanced educational and health care opportunities in rural areas.
2. Statutory and Regulatory Authority. The CCG program is
authorized under the Rural Electrification Act of 1936 (REAct) and
implemented by 7 CFR part 1739.
3. Definitions. The definitions applicable to this notice are
published at 7 CFR 1739.3 and repeated within the FY 2023 CCG Program
Application Guide (Application Guide) available at: https://www.rd.usda.gov/community-connect.
4. Application of Awards. Awards under the CCG program will be made
on a competitive basis using specific review criteria contained in 7
CFR 1739.16. The Agency will review, evaluate and score applications
received in response to this notice based on the provisions found in 7
CFR 1739.17 and as indicated in this notice. The Agency advises all
interested parties that the applicant bears the full burden in
preparing and submitting an application in response to this notice.
B. Federal Award Information
Type of Award: Grants.
Fiscal Year Funds: FY 2023.
Available Funds: The Agency estimates that approximately $79
million will be available for FY 2023. RUS may at its discretion,
increase the total level of funding available 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.
Minimum Award: $100,000.
Maximum Award: $5,000,000.
Anticipated Award Date: September 2023.
Performance Period: 3 years.
Renewal or Supplemental Awards: While prior Community Connect
grants cannot be renewed, existing Community Connect awardees can
submit applications for new projects. The Agency will evaluate project
proposals from existing awardees as new applications. Only one grant
application per applicant is eligible for approval under this grant
opportunity.
Type of Assistance Instrument: Grant.
C. Eligibility Information
1. Eligible Applicants. Eligible applicants must meet the
eligibility requirements of 7 CFR 1739.10. Only entities legally
organized as one of the following are eligible for Community Connect
Grant Program financial assistance:
(a) Incorporated organization;
(b) Indian tribe or tribal organization, as defined in 25 U.S.C.
5304;
(c) State government;
(d) Local unit of government;
(e) Any other legal entity, including a cooperative, private
corporation, or limited liability company organized on a for-profit or
not-for-profit basis.
References in this program to a state, state government, or state
agency are meant to include the Commonwealth of Puerto Rico, the Virgin
Islands of the United States, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, the Federated States of Micronesia,
Palau, and the Marshall Islands.
Applicants must have the legal capacity and authority to enter into
contracts, to comply with applicable federal statutes and regulations,
and to own and operate the broadband facilities as proposed in their
application. Corporations that have been convicted of a federal felony
within the past 24 months are not eligible. Any corporation that has
been assessed to have any unpaid federal tax liability, for which all
judicial and administrative remedies have been exhausted or have lapsed
and is not being paid in a timely manner pursuant to an agreement with
the authority responsible for collecting the tax liability, is not
eligible for financial assistance.
2. Cost Sharing or Matching. The Program requires matching
contributions as specified in 7 CFR 1739.14. The Application Guide
provides additional information on required matching contributions.
3. Other. All submitted proposals must meet the eligibility
requirements listed at 7 CFR 1739.11. For FY 2023 applications, the
additional eligibility requirements apply:
(a) Proposed Funded Service Area (PFSA). The applicant must define
a contiguous geographic, area located entirely within an eligible rural
area, in which Broadband Service does not exist and where the applicant
proposes to offer service at the Broadband Grant Speed to all
residential and business customers. The PFSA may consist of multiple
municipalities and may be located in more than one state.
(i) RUS will validate that broadband service does not exist in
areas that applicants describe as having no broadband access or access
that is less than 25 Megabits per second (Mbps) downstream plus 3 Mbps
upstream.
(ii) The broadband grant speed is 100 Mbps downstream and 20 Mbps
upstream for fixed terrestrial broadband service, whether fixed or
wireless.
(iii) A PFSA must not overlap with service areas of current RUS
borrowers and grantees.
(iv) Areas receiving, or areas that have received final approval
for, other federal funding to construct terrestrial facilities
providing at least 25/3 Mbps service in the project Proposed Funded
Service Area as of the date of this notice, and which have been
reported to the agency, are ineligible. As a result, no Community
Connect funds may be used to duplicate costs, services, connections,
facilities, or equipment that have been authorized under such areas.
Applicants submitting a project to serve an area in which the same
entity has already received final approval for other federal funding
must explain in the application why Community Connect 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 Community Connect funding must submit a statement
certifying that the funds requested from Community Connect 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
[[Page 16581]]
accounts for each source of funding to track the uses of the funding to
support the certification statement submitted with the Community
Connect application. RUS can consider adjusting the service area or
award amount of a project selected for Community Connect 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
notice.
(v) A certification from the appropriate tribal official is
required if service is being proposed over or on Tribal Lands. 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. Tribal Lands are identified on the GIS layers included in the
Community Connect mapping tool located at https://www.rd.usda.gov/community-connect.
(vi) The Consolidated Appropriations Act, 2022 (Pub. L. 117-103)
and the Consolidated Appropriations Act, 2023 (Pub. L. 117-328),
included funding under the ReConnect Program for Community Project
Funding/Congressionally Directed Spending 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 projects
will be made available in the Community Connect mapping tool located
at: https://www.rd.usda.gov/community-connect.
(b) Essential Community Facilities. The applicant must propose to
offer free service at the Broadband Grant Speed to all participating
Essential Community Facilities located within the PFSA for at least two
years.
(c) Community Center. The applicant must provide a Community Center
within the PFSA with a minimum of 2, and up to 10, computer access
points and wireless access at the Broadband Grant Speed, free of all
charges, to all users for at least two years. Grant funds used for the
improvement, expansion, construction, or acquisition of a community
center must not exceed the lesser of 10 percent of the requested grant
amount or $150,000.
D. Application and Submission Information
1. Address To Request Application Package. The Application Guide,
copies of necessary forms and resources are available at: https://www.rd.usda.gov/community-connect. Application information is also
available at https://www.grants.gov/.
2. Content and Form of Application Submission.
(a) Application Completion. Carefully review the Application Guide
and 7 CFR part 1739, which detail all relevant forms and worksheets.
The components of a complete application can be found at 7 CFR 1739.15,
and the Application Guide and Community Connect Application Checklist.
(b) Submission of Application Items. Given the high volume of
program interest, applicants should submit the application items in the
order indicated in the Application Guide. Applications that are not
assembled and tabbed in the specified order prevent timely
determination of eligibility. For FY 2023, one proposal per applicant
is eligible for approval. If an applicant submits more than one
proposal, then the Agency will only consider the application with the
highest score.
3. System for Award Management and Unique Entity Identifier.
(a) At the time of application, each applicant must have a Unique
Entity Identifier (UEI) and an active registration in the System for
Award Management (SAM) before submitting its application in accordance
with 2 CFR part 25. Instructions for obtaining the UEI are available at
https://sam.gov/content/entity-registration.
(b) Applicant must maintain an active SAM registration, with
current, accurate and complete information, at all times during which
it has an active Federal award or an application under consideration by
a federal awarding agency.
(c) Applicant must ensure they complete the Financial Assistance
General Certifications and Representations in SAM.
(d) Applicants must provide a valid UEI in its application, unless
determined exempt under 2 CFR 25.110.
(e) The Agency will not make an award until the applicant has
complied with all SAM requirements including providing the UEI. If an
applicant has not fully complied with the requirements by the time the
Agency is ready to make an award, the Agency may determine that the
applicant is not qualified to receive a federal award and use that
determination as a basis for making a federal award to another
applicant.
4. Submission Dates and Times.
(a) Application Technical Assistance: Prior to official submission
of applications, applicants may request technical assistance or other
application guidance from the Agency, as long as such requests are made
prior to the closing of the application window.
(b) Application Deadline Date: Completed electronic applications
must be filed through https://www.rd.usda.gov/community-connect by
11:59 a.m. Eastern Time (ET) on June 20, 2023.
(c) Applications Received After Deadline Date: If completed
applications are not received by the application deadline date provided
in Section D.4(b) above, the application will neither be reviewed nor
considered for funding under any circumstances.
5. Funding Restrictions. Ineligible grant purposes are listed at 7
CFR 1739.13. Grant funds may not be used to finance the duplication of
lines, facilities, or systems providing broadband service.
6. Other Submission Requirements. Applications will not be accepted
via mail, fax or electronic mail. Electronic applications for grants
must be submitted through the Community Connect Portal. The Community
Connect Portal can be found on the Community Connect website at:
https://www.rd.usda.gov/community-connect.
The Community Connect Portal requires all users to obtain Level II
eAuthentication accounts and for applicant users to submit an
Authorized Representative Request (ARR) and a resolution in order to
access the portal to submit an application. These procedures may take
several business days to complete; therefore, the applicant should
complete the registration, credentialing, and authorization procedures
before submitting an application. Instructions on creating a Level II
eAuthentication account are available at: https://www.eauth.usda.gov/home/. If system errors or technical difficulties occur, use the
Contact Us Form available on the Community Connect website at: https://www.rd.usda.gov/programs-services/telecommunications-programs/community-connect-grants#contact.
RUS also reserves the right to ask applicants for clarifying
information and additional verification of assertions in the
application.
E. Application Review Information
1. Criteria.
(a) Scoring Criteria. All scoring criteria is outlined in 7 CFR
1739.17 and in the Application Guide.
(b) Ineligible Areas. RUS will not fund projects located in an area
that does not meet the definition of ``rural area'' found in 7 CFR
1739.3.
(c) Pending Applications. RUS will not fund more than one project
that
[[Page 16582]]
proposes to provide broadband service in the same geographic area. If a
project overlaps the PFSA of an application already submitted to the
Rural eConnectivity Program (ReConnect Program), the Telecommunications
Infrastructure Loan and Loan Guarantee Program, or the Rural Broadband
Access Loan and Loan Guarantee Program, the project will not be
considered until a determination is made on the previously submitted
application.
(d) Substantially Underserved Trust Areas (SUTA). Applicants
seeking assistance may request consideration under the SUTA provisions
in 7 U.S.C. 936f.
(i) If the Administrator determines that a community within ``trust
land'' (as defined in 38 U.S.C. 3765) has a high need for the benefits
of the Program, the Administrator may designate the community as a
``substantially underserved trust area'' (as defined in section 306F of
the REAct).
(ii) To receive consideration under SUTA, the applicant must submit
to the Agency a completed application that includes all information
requested in 7 CFR part 1700, subpart D. In addition, the application
must identify the discretionary authorities within Subpart D that it
seeks to have applied to its application.
2. Review and Selection Process. Once the Agency has received the
application, the Agency will publish a public notice of each
application in accordance with 7 CFR 1739.15(l). The CCG Public Notice
Filings for each application may be found at https://www.rd.usda.gov/community-connect and clicking the ``Public Notice Filings'' button.
The Agency will use the information submitted to determine if there is
sufficient access to broadband in any part of the proposed funded
service area. Notwithstanding non-responses by actual and potential
providers, the Agency will use all information available in evaluating
the feasibility of the project.
Grants are awarded in rank order, subject to the availability of
funds and consistent with 7 CFR 1739.16 and 7 CFR 1739.17. It should be
noted that an application receiving fewer points can be selected over
an application receiving more points in the event that there are
insufficient funds available to cover the costs of the higher scoring
application or if the higher scoring application would consume a
disproportionate amount of funds available relative to its ranking., as
stated in 7 CFR 1739.16(f).
The Agency reserves the right to offer the applicant a lower amount
than the amount proposed in the application, as stated in 7 CFR
1739.16(g).
If the Agency receives more than one proposal from the same
applicant, then the Agency will only consider the application with the
highest score, except in accordance with 7 CFR 1739.16(f).
F. Federal Award Administration Information
1. Federal Award Notices.
(a) RUS notifies applicants whose projects are selected for awards
by mailing and/or emailing a copy of an award letter. The receipt of an
award letter does not authorize the applicant to commence performance
under the award. After sending the award letter, the Agency will send
an agreement that contains all the terms and conditions for the grant.
(b) An applicant must execute and return the grant agreement,
accompanied by any additional items required by the agreement, within
the number of days specified in the selection notice letter.
2. Administrative and National Policy Requirements. The items
listed in this announcement, the CCG program regulation, the
Application Guide, and program resources implement the appropriate
administrative and national policy requirements, which include but are
not limited to:
(a) Executing a CCG Agreement.
(b) Using Form SF 270, ``Request for Advance or Reimbursement,'' to
request reimbursements (along with the submission of receipts for
expenditures, timesheets, and any other documentation to support the
request for reimbursement).
(c) Ensuring that records are maintained to document all activities
and expenditures utilizing CCG funds and matching funds (receipts for
expenditures are to be included in this documentation).
(d) Complying with policies, guidance, and requirements as
described in the following applicable Code of Federal Regulations, and
any successor regulations:
(i) 2 CFR parts 200 and 400 (Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards). The
government must be provided an exclusive first lien on all grant assets
during the service obligation of the grant, and thereafter any sale or
disposition of grant assets must comply with the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
Awards, codified in 2 CFR part 200. Note that this part will apply to
ALL grant funds of an Awardee, regardless of the entity status or type
of organization.
(ii) 2 CFR parts 417 and 180 (Governmentwide Nonprocurement
Debarment and Suspension).
(iii) Complying with Executive Order 13166, ``Improving Access to
Services for Persons with Limited English Proficiency.'' For
information on limited English proficiency and agency-specific
guidance, go to https://www.LEP.gov.
(iv) Accountability and Compliance with Civil Rights Laws. The
regulation found at 7 CFR part 1901 Subpart E contains policies and
procedures for implementing the regulations of the Department of
Agriculture issued pursuant to Title VI of the Civil Rights Act of
1964, Title VIII of the Civil Rights Act of 1968, Title IX, Section 504
of the Rehabilitation Act of 1973, Executive Order 13166, Executive
Order 11246, and the Equal Credit Opportunity Act of 1974, as they
relate to Rural Development. Nothing herein shall be interpreted to
prohibit preference to American Indians on Indian Reservations.
(1) The policies contained in this subpart apply to recipients. As
recipients of federal financial assistance, awardees are required to
comply with the applicable federal, state and local laws. Title VI of
the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act
prohibits discrimination by recipients of federal financial assistance.
Recipients are required to adhere to specific outreach activities.
These outreach activities include contacting community organizations
and leaders that include minority leaders; advertising in local
newspapers and other media throughout the entire service area; and
including the nondiscrimination slogan, ``This is an Equal Opportunity
Program. Discrimination is prohibited by Federal Law,'' in methods that
may include, but not be limited to, advertisements, public broadcasts,
and printed materials, such as brochures and pamphlets. All recipients
must submit and have on file a valid Form RD 400-1 (Equal Opportunity
Agreement); and RD Form 400-4 (Assurance Agreement).
(2) By completing the SAM Certification and Representations,
recipients affirm they will operate the program free from
discrimination. The recipient will maintain the race and ethnic data on
the board members and beneficiaries of the program. The recipient will
provide alternative forms of communication to persons with limited
English proficiency. The Agency will conduct Civil Rights Compliance
Reviews on recipients to identify the collection of racial and ethnic
data on
[[Page 16583]]
program beneficiaries. In addition, the Compliance Review will ensure
that equal access to the program benefits and activities are provided
for persons with disabilities and language barriers.
3. Reporting.
(a) Annual Project Performance Activity Report. All recipients of
Community Connect financial assistance must provide annual project
performance activity reports to RUS until the project is complete and
the funds are expended. A final performance report is also required;
the final report may serve as the last annual report. The final report
must include an evaluation of the success of the project in meeting the
Community Connect Grant Program objectives. See 7 CFR 1739.19 for
additional information on these reporting requirements.
(b) Annual Performance Report. For three years starting the first
January 31st after Project Completion, the Awardee must submit the
following information utilizing RUS' online reporting system:
(i) Existing network service improvements and facility upgrades, as
well as new equipment and capacity enhancements that support high-speed
broadband access for educational institutions, health care providers,
and public safety service providers;
(ii) The estimated number of end users who are currently using or
forecasted to use the new or upgraded infrastructure;
(iii) The progress towards fulfilling the objectives for which the
assistance was granted;
(iv) The speed and average price of the most subscribed tier of the
Awardee's broadband service offerings in the Project's service area;
and
(v) The average price of broadband service in the Project's service
area;
(c) Annual Map Reporting. No later than thirty (30) calendar days
after the end of the Calendar Year, the Awardee shall be required to
submit an updated Approved Project Service Area map through RUS' online
mapping tool showing the areas where construction has been completed
and geospatial location of residences and businesses that are receiving
new broadband service until the entire Approved Project Service Area
can receive the broadband service.
(d) Financial Reporting. All recipients of Community Connect
financial assistance must provide an annual audit, consistent with the
Community Connect grant agreement, and the applicable USDA audit
regulations at 7 CFR 1739.20, 7 CFR part 1773, or 2 CFR part 200,
subpart F, as applicable.
(e) Recipient and Sub-recipient Reporting. The applicant must have
the necessary processes and systems in place to comply with the
reporting requirements for first-tier subawards and executive
compensation under the Federal Funding Accountability and Transparency
Act of 2006 in the event the applicant receives funding, unless such
applicant is exempt from such reporting requirements pursuant to 2 CFR
170.110(b). The reporting requirements under the Transparency Act
pursuant to 2 CFR part 170 are as follows:
(i) First Tier Subawards of $25,000 or more (unless they are exempt
under 2 CFR part 170) must be reported by the recipient to https://www.fsrs.gov no later than the end of the month following the month the
obligation was made. There is currently underway a consolidation of
eight federal procurement systems, including the Federal Subaward
Reporting System (FSRS), into one system, the System for Award
Management (SAM). As a result, the FSRS will soon be consolidated into
and accessed through https://www.sam.gov.
(ii) The total compensation of the recipient's executives (the five
most highly compensated executives) must be reported by the recipient
(if the recipient meets the criteria under 2 CFR part 170) to https://www.sam.gov by the end of the month following the month in which the
award was made.
(iii) The total compensation of the subrecipient's executives (the
five most highly compensated executives) must be reported by the
subrecipient (if the subrecipient meets the criteria under 2 CFR part
170) to the recipient by the end of the month following the month in
which the subaward was made.
(f) Record Keeping and Accounting. The agreement will contain
provisions related to record keeping and accounting requirements.
G. Federal Awarding Agency Contacts
The CCG website maintains up-to-date resources and contact
information for the CCG Program. The CCG has a Contact page located at
https://www.rd.usda.gov/programs-services/telecommunications-programs/community-connect-grants#contact. For inquiries regarding eligibility
concerns, please contact your General Field Representative (GFR) at:
https://www.rd.usda.gov/contact-us/telecom-gfr. Persons with
disabilities that require alternative means for communication should
contact the U.S. Department of Agriculture (USDA) Target Center at
(202) 720-2600 (voice) or the 711 Relay Service.
H. Build America, Buy America
1. Funding to Non-Federal Entities. Awardees that are 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 (BABAA) within the Infrastructure
Investment and Jobs Act, Public Law 117-58. Any requests for waiver of
these requirements must be submitted pursuant to USDA's guidance
available online at: https://www.usda.gov/ocfo/federal-financial-assistance-policy/USDABuyAmericaWaiver.
2. Funding to All Other Entities. Awardees that are not Non-Federal
Entities shall be governed by the Agency's Buy American requirement at
7 CFR part 1787. Any requests for waiver of these requirements must be
submitted pursuant to those regulations.
I. Other Information
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35), the information collection requirements associated with
the programs, as covered in this notice, have been approved by the
Office of Management and Budget (OMB) under OMB Control Number 0572-
0127.
National Environmental Policy Act
All recipients under this Notice are subject to the requirements of
7 CFR part 1970.
Federal Funding Accountability and Transparency Act
All applicants, in accordance with 2 CFR part 25, must be
registered in SAM and have a UEI number as stated in Section D.3 of
this notice. All recipients of Federal financial assistance are
required to report information about first-tier subawards and executive
total compensation in accordance with 2 CFR part 170.
Civil Rights Act
All grants made under this notice are subject to Title VI of the
Civil Rights Act of 1964 as required by the USDA (7 CFR part 15,
subpart A--Nondiscrimination in Federally-Assisted Programs of the
Department of Agriculture--Effectuation of Title VI of the Civil Rights
Act of 1964) and Section 504 of the Rehabilitation Act of 1973, Title
VIII of the Civil Rights Act of 1968, Title IX, Executive Order 13166
(Limited English Proficiency), Executive Order 11246,
[[Page 16584]]
and the Equal Credit Opportunity Act of 1974.
Nondiscrimination Statement
In accordance with Federal civil rights laws and U.S. Department of
Agriculture (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, 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) should contact the
responsible Mission Area, agency, or staff office; the USDA TARGET
Center at (202) 720-2600 (voice and TTY); or the 711 Relay Service.
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/ad-3027.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 (ASCR) 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.
Andrew Berke,
Administrator, Rural Utilities Service, USDA Rural Development.
[FR Doc. 2023-05549 Filed 3-17-23; 8:45 am]
BILLING CODE 3410-15-P