Notice of Funding Opportunity for the Community Connect Grant Program for Fiscal Year 2023, 16579-16584 [2023-05549]

Download as PDF 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 statements of organization and functions are examples of documents appearing in this section. 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 lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:19 Mar 17, 2023 Jkt 259001 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. PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 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. E:\FR\FM\20MRN1.SGM 20MRN1 lotter on DSK11XQN23PROD with NOTICES1 16580 Federal Register / Vol. 88, No. 53 / Monday, March 20, 2023 / Notices 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 VerDate Sep<11>2014 17:19 Mar 17, 2023 Jkt 259001 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. PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 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 E:\FR\FM\20MRN1.SGM 20MRN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 53 / Monday, March 20, 2023 / Notices 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 VerDate Sep<11>2014 17:19 Mar 17, 2023 Jkt 259001 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 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 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 E:\FR\FM\20MRN1.SGM 20MRN1 lotter on DSK11XQN23PROD with NOTICES1 16582 Federal Register / Vol. 88, No. 53 / Monday, March 20, 2023 / Notices 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 VerDate Sep<11>2014 17:19 Mar 17, 2023 Jkt 259001 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, PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 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 E:\FR\FM\20MRN1.SGM 20MRN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 53 / Monday, March 20, 2023 / Notices 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 VerDate Sep<11>2014 17:19 Mar 17, 2023 Jkt 259001 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. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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, E:\FR\FM\20MRN1.SGM 20MRN1 lotter on DSK11XQN23PROD with NOTICES1 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 20MRN1

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]


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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.

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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


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