Notice of Funding Opportunity for the Technical Assistance and Construction for Innovative Regional Wastewater Treatment Solutions Grant Pilot Program, 34479-34484 [2023-11373]

Agencies

• DEPARTMENT OF AGRICULTURE
• Rural Utilities Service

[Federal Register Volume 88, Number 103 (Tuesday, May 30, 2023)]
[Notices]
[Pages 34479-34484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11373]


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DEPARTMENT OF AGRICULTURE

Rural Utilities Service

[Docket #: RUS-23-WATER-0001]


Notice of Funding Opportunity for the Technical Assistance and 
Construction for Innovative Regional Wastewater Treatment Solutions 
Grant Pilot Program

AGENCY: Rural Utilities Service, USDA.

ACTION: Notice.

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SUMMARY: The Rural Utilities Services (RUS or the Agency), an agency of 
the United States Department of Agriculture (USDA), announces its 
Technical Assistance and Construction for Innovative Regional 
Wastewater Treatment Solutions (TAC-RWTS) Grant Pilot Program 
application window for Fiscal Year (FY) 2023. Grants may be made to 
eligible entities for the study, design, or construction of regional 
wastewater systems for historically impoverished communities in areas 
that have had difficulty installing traditional wastewater treatment 
systems due to soil conditions. Solutions must be innovative and 
account for strategic management and regulatory models. Successful 
applications will be selected by the Agency for funding and 
subsequently awarded from available funds for the TAC-RWTS Grant Pilot 
Program. All applicants are responsible for any expenses incurred in 
developing their applications.

DATES: Completed applications must be filed through https://www.grants.gov/ by 11:59 p.m. Eastern Time (ET) on July 31, 2023. Late 
or incomplete applications will not be accepted.

ADDRESSES: Applications and all supporting documentation must be 
submitted electronically through Grants.gov via https://www.grants.gov. 
Instructions and additional resources, to include an Application Guide, 
are available at https://www.rd.usda.gov/programs-services/water-environmental-programs/technical-assistance-and-construction-innovative-regional-wastewater-treatment-solutions-tac-rwts, under the 
``To Apply'' tab.

FOR FURTHER INFORMATION CONTACT: Christina Cerio, Community Programs 
Specialist, Water and Environmental Program, RUS, USDA, by email at 
[email protected] or phone at (315) 403-3112. Persons with disabilities 
that require alternative means for communication should contact the 
USDA Target Center at (202) 720-2600 (voice) or the 711 Relay Service.

SUPPLEMENTARY INFORMATION: 

Overview

    Federal Awarding Agency Name: Rural Utilities Service.
    Funding Opportunity Title: Technical Assistance and Construction 
for Innovative Regional Wastewater Treatment Solutions Grant Pilot 
Program for Fiscal Year 2023.
    Announcement Type: Notice of Funding Opportunity (NOFO).
    Funding Opportunity Number: TAC-RWTS-FY23.
    Assistance Listing: 10.761.
    Dates: Completed electronic applications and supporting materials 
must be filed through https://www.grants.gov/ by 11:59 p.m. ET on July 
31, 2023. Late or incomplete applications will not be accepted.
    Rural Development (RD) Key Priorities: The Agency encourages 
applicants to consider projects that will advance the following key 
priorities:
     Assisting rural communities 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; and
     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. Grants will be made to qualified 
regional consortiums to identify, evaluate, and construct economically 
feasible, regional wastewater systems for historically impoverished 
communities in areas which have had difficulty installing traditional 
wastewater treatment systems due to soil conditions. A successful 
applicant will be, or coordinate with, a regional university to solve 
untreated raw sewage issues with innovative technologies, while taking 
into consideration strategic management and regulatory models. Grants 
are for wastewater-related technical assistance, including such 
services as developing needs assessments, testing wastewater options, 
preliminary design assistance, developing regulatory guidance, and 
submitting applications for financial assistance. Additionally, the 
grant funds may be used to construct the identified solutions, 
including eligible associated costs. Funding must benefit communities 
that are historically impoverished, as defined within this notice.
    2. Statutory and Regulatory Authority. The program is authorized 
pursuant to 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005; Division B, 
Title VII General Provisions, Section 783 of the Further Consolidated 
Appropriations Act, 2020 (Pub. L. 116-94); and Division A, Title VII 
General Provisions, Section 771 of the Consolidated Appropriations Act, 
2021 (Pub. L. 116-260). The program is implemented through 7 CFR part 
1775, Technical Assistance Grants, and the provisions of this NOFO. 
Other Federal statutes and regulations are listed at 7 CFR 1775.8, 
Other Federal statutes.
    3. Definitions. The terms and conditions provided in this NOFO are 
applicable to and for purposes of this NOFO only. In addition to the 
definitions provided below, the definitions found in 7 CFR 1775.2, 
Definitions, are also applicable to this grant opportunity.
    Consortium means regional institutions of higher education, 
academic health and research institutes, economic development entities, 
or a combination thereof, located in the region identified to be served 
that have experience in addressing these issues in the region.
    Consortium agreement means a document, signed and dated, by all 
members of the consortium, which identifies how each organization will 
interact, every member's level of commitment, roles and 
responsibilities, and the transfer of funds from the lead entity to 
other members. An appropriate level of detail should be included to 
outline, among other items: minimum and maximum levels of involvement, 
ownership of any resulting tangible or intangible items developed from 
the Consortium's efforts, and the use of resources. The agreement must 
address whether the members of the consortium will conduct work for the 
project directly, via contract, or some other arrangement. As part of 
the application, if the consortium agreement is more than 12 months 
old, a certification stating that none of the members or provisions 
within the existing document have been modified or otherwise changed 
must be provided. The consortium agreement must be in effect through 
the defined period of performance for the proposed project.
    Eligible project costs means only those costs incurred during the 
grant period and that are directly related to the use and purposes of 
the TAC-RWTS Grant Pilot Program. See Section C.3. of this notice for 
eligible project costs.
    Historically impoverished refers to any community meeting criteria 
for persistent poverty counties, which according to Division A, Title 
VII

[[Page 34480]]

General Provisions, Section 736 of the Consolidated Appropriations Act, 
2022 (Pub. L. 117-103), dated March 15, 2022, is any county that has 
had 20 percent or more of its population living in poverty over the 
past 30 years, as measured by the 1990 and 2000 decennial censuses, and 
2007-2011 American Community Survey 5-year average.
    Mid-South is a region of the United States consisting of Alabama, 
Arkansas, Kentucky, Missouri, Mississippi, Oklahoma, and Tennessee.
    Rural means cities, towns, or unincorporated areas that 
individually have populations of no more than 10,000 inhabitants as 
adjusted by exclusion of individuals incarcerated on a long-term or 
regional basis and the exclusion of the first 1,500 individuals who 
reside in housing located on a military base, according to the most 
recent decennial Census of the United States. The area to be served may 
be made up of combinations of these eligible areas. If the applicable 
population figure cannot be obtained from the most recent decennial 
Census, RUS will determine the applicable population figure based on 
available population data. Facilities financed may be located in non-
rural areas. However, funds may be used to finance only that portion of 
the facility serving rural areas, regardless of facility location.
    4. Application of Awards. The Agency will review, evaluate, and 
score applications received in response to this notice based on 7 CFR 
part 1775 and the terms and conditions of this NOFO. The scoring 
criteria is found within this notice. Awards will be made in alignment 
with the eligibility and scoring criteria. The Agency advises all 
interested parties that the applicant bears the full burden in 
preparing and submitting an application in response to this notice, 
regardless if the project is selected for funding.

B. Federal Award Information

    Type of Award: Grant.
    Fiscal Year Funds: FY 2023.
    Available Funds: A minimum of $5,150,091 is made available to 
eligible applicants, to remain available until expended. RUS may at its 
discretion, increase the total level of funding available in this 
notice from any available source provided the awards meet the 
requirements of the statute which made the funding available to the 
Agency.
    Award Amounts: There is no stated minimum or maximum award.
    Anticipated Award Date: July 1, 2023.
    Performance Period: To be determined by application, not in excess 
of one calendar year for technical assistance based projects and four 
calendar years for construction based projects from the start of the 
period of performance. This includes the completion of application 
documents, environmental reviews, construction, transfer of facility, 
and any other associated actions. Any project containing construction 
will be considered to be construction-based.
    Renewal or Supplemental Awards: Applications for renewal or 
supplementation of existing projects are NOT eligible to compete with 
applications for new Federal awards under this program. Funding 
provided through this NOFO does not guarantee or otherwise imply any 
future commitment of funding. Should additional RUS funding be needed 
to carry out the proposed scope of work, the application requirements 
of each program will be applicable.
    Type of Assistance Instrument: Grant Agreement.

C. Eligibility Information

    1. Eligible Applicants. Grants under this funding opportunity will 
be made to qualified regional consortiums. A consortium is as defined 
in Section A.3. of this NOFO. An applicant is eligible to apply for the 
TAC-RWTS grant, on behalf of the consortium, if it:
    (a) Represents an eligible consortium;
    (b) Is legally established prior to the submission of the 
application and located within one of the following:
    (i) A state within the United States;
    (ii) The District of Columbia;
    (iii) The Commonwealth of Puerto Rico; or
    (iv) A U.S. territory or Federally Associated State;
    (c) Has the legal capacity and authority to carry out the grant 
purpose;
    (d) Demonstrates that it possesses the financial, technical, and 
managerial capability to comply with federal and state laws and 
requirements. For construction projects whereby ownership is retained 
by the applicant or consortium, the applicant must demonstrate within 
the application that the facility owner has the capacity to own, 
operate, and maintain the facility;
    (e) Has no delinquent debt to the federal government or no 
outstanding judgments to repay a federal debt; and,
    (f) Is not a corporation that has been convicted of a felony (or 
had an officer or agent acting on behalf of the corporation convicted 
of a felony) within the past 24 months. Any corporation that has any 
unpaid federal tax liability that has been assessed, for which all 
judicial and administrative remedies have been exhausted or have 
lapsed, and that is not being paid in a timely manner pursuant to an 
agreement with the authority responsible for collecting the tax 
liability is not eligible.
    2. Ownership Eligibility. Should the proposed project lead to the 
construction of a public wastewater facility that is owned, operated, 
and maintained by an entity that is not the TAC-RWTS applicant:
    (a) The entity shall be:
    (i) A public body, such as a municipality, county, district, 
authority, or other political subdivision of a state, territory or 
commonwealth;
    (ii) An organization operated on a not-for-profit basis, such as an 
association, cooperative, or private corporation. The organization must 
be an association controlled by a local public body or bodies, or have 
a broadly based ownership by or membership of people of the local 
community; or
    (iii) Indian Tribes on Federal and State reservations and other 
federally recognized Indian Tribes.
    (b) The entity must be a party to the consortium agreement or 
otherwise confirm their commitment in writing from an authorized 
representative. The letter must reference the appropriate votes, 
resolutions, or other actions taken by the entity's leadership to 
participate and assume ownership of the constructed facility.
    (c) The entity must be an active participant in the project and 
demonstrate the ability to own, operate, and maintain the facility, 
including compliance with state and Federal laws.
    3. Eligible Project Costs. Funding must benefit communities that 
are located within Historically Impoverished communities, as defined 
within this notice. For technical assistance efforts, eligible project 
costs are addressed in 7 CFR 1775.36(g) and 2 CFR part 200, subpart E. 
Funding may be used to pay for construction costs, including 
constructing, enlarging, extending, or otherwise improving wastewater 
facilities. When a necessary part of the construction project, funding 
may be used to pay for:
    (a) Reasonable fees and costs such as: legal, engineering, 
administrative services, fiscal advisory, recording, environmental 
analyses and surveys, possible salvage or other mitigation measures, 
planning, establishing or acquiring rights;
    (b) Costs of acquiring interest in land; rights, leases, permits, 
rights-of-way; and other evidence of land or protection necessary for 
development of the facility;
    (c) Purchasing or renting equipment necessary to install, operate, 
maintain, extend, or protect facilities;

[[Page 34481]]

    (d) Cost of additional applicant labor and other expenses necessary 
to install and extend service;
    (e) The cost for connecting the user to the main service line; and
    (f) Initial operating expenses, for a period ordinarily not 
exceeding one year when the applicant is unable to pay such expenses 
and adequate documentation is provided related to long-term 
sustainability.
    4. Cost Sharing or Matching. There is no cost sharing or matching 
requirement.
    5. Other. A special focus of this funding opportunity is raw sewage 
discharge in rural communities in the Mid-South, particularly 
historically impoverished communities in areas that have had difficulty 
utilizing RUS programs. These communities face unique challenges, both 
due to income level and soil type. Emphasis should be placed on 
promoting racial equity of service in rural communities and ensuring 
access to communities suffering from systemic racism and other forms of 
discrimination. Evidence must be provided to support:
    (a) The Applicant's assertion that the beneficiaries are 
historically impoverished.
    (b) The Applicant's assertion as to the difficulties surrounding 
the proposed area's soil conditions and why installing traditional 
wastewater has not been effective.

D. Application and Submission Information

    1. Address to Request Application Package. The FY 2023 TAC-RWTS 
Program Application Guide, copies of necessary forms and samples, and 
the program regulations are available at https://www.rd.usda.gov/programs-services/water-environmental-programs/technical-assistance-and-construction-innovative-regional-wastewater-treatment-solutions-tac-rwts.
    Application information is also available at https://www.grants.gov/.
    2. Content and Form of Application Submission.
    (a) To be considered for funding, applicants must be an eligible 
entity and must submit a complete application by the deadline date. 
Applicants should consult the cost principles and general 
administrative requirements for grants pertaining to their 
organizational type when preparing the budget and completing other 
parts of the application. Applications should be prepared in 
conformance with program regulations, and departmental and other 
applicable regulations including 2 CFR parts 180, 182, 200, 400 and 
421, or any successor regulations.
    (b) Applicants should carefully review the TAC-RWTS FY 2023 
Application Guide. The application guide provides specific, detailed 
instructions for each item of a complete application. The Agency 
emphasizes the importance of including every item and strongly 
encourages applicants to follow the instructions carefully, using the 
examples and illustrations in the TAC-RWTS FY 2023 Application Guide. 
Applicants should ensure they are using the most updated version of the 
TAC-RWTS Application Guide before submitting an application. Any 
updates to the TAC-RWTS Application Guide will be posted at https://www.rd.usda.gov/programs-services/water-environmental-programs/technical-assistance-and-construction-innovative-regional-wastewater-treatment-solutions-tac-rwts. For the requirements of complete 
applications under this announcement, refer to 7 CFR 1775.10. Projects 
proposing technical assistance will be administered following 7 CFR 
part 1775. Applications selected for funding that are proposing 
construction will be required to adhere to the terms and conditions of 
this NOFO, 2 CFR part 200, and other applicable guidelines for 
administering and servicing the award. The requirements provided in 7 
CFR part 1775, 2 CFR part 200, and the NOFO should be reviewed prior to 
applying, and the ability to comply must be noted within this 
application. That includes application items which may require the 
submission of documentation of the entity that will own, operate, and 
maintain the facility upon completion. Projects that include both 
technical assistance and construction must demonstrate the ability to 
meet all applicable provisions. The items at 7 CFR 1775.10(c)(3), (4), 
and (5) are no longer required to be separately submitted as part of 
the application, as they are covered under the Financial Assistance 
General Certifications and Representations referenced in item 3(c) of 
this Section. The application and any materials with it become Federal 
records by law and cannot be returned to you.
    3. System for Award Management and Unique Entity Identifier.
    (a) At the time of application, each applicant must have an active 
registration in the System for Award Management (SAM) before submitting 
its application in accordance with 2 CFR part 25, Universal Identifier 
and System for Award Management. To register in SAM, entities will be 
required to obtain and create a Unique Entity Identifier (UEI). 
Instructions for obtaining the UEI are available at https://sam.gov/content/entity-registration.
    (b) Each 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) Each applicant must ensure they complete the Financial 
Assistance General Representations and Certifications in SAM.
    (d) Applicants must provide a valid UEI in its application, unless 
determined exempt under 2 CFR 25.110, Exceptions.
    (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.
    (f) The entity that will retain the rights to own, operate, and 
maintain the constructed facility will also be required to complete the 
registration requirements outlined above. The timing of any 
requirements will be outlined in the Grant Agreement issued following 
the selection of an application.
    4. Submission Dates and Times. Applications must be submitted 
electronically and received no later than 11:59 p.m., ET, on July 31, 
2023 to be eligible for FY 2023 funding. If the submission deadline 
falls on Saturday, Sunday, or a federal holiday, the application is due 
the next business day. Late or incomplete applications will not be 
eligible for FY 2023 grant funding.
    The Agency will not solicit or consider new scoring or eligibility 
information that is submitted after the application deadline. RUS also 
reserves the right to ask applicants for clarifying information and 
additional verification of assertions in the application.
    5. Intergovernmental Review. Executive Order (E.O.) 12372, 
``Intergovernmental Review of Federal Programs,'' is not required for 
this program.
    6. Funding Restrictions. Applications must be for eligible purposes 
as defined above. Technical assistance applications must comply with 
the grant fund limitations found within 7 CFR 1775.5. Funding may not 
be used to pay for the following construction-related costs:

[[Page 34482]]

    (a) Facilities which are not modest in size, design, and cost;
    (b) Grant finder's fees;
    (c) The construction of any new combined storm and sanitary sewer 
facilities;
    (d) Any portion of the cost of a facility which does not serve a 
rural area;
    (e) That portion of project costs normally provided by a business 
or industrial user, such as wastewater pretreatment, etc.;
    (f) Rental for the use of equipment or machinery owned by the 
applicant;
    (g) For other purposes not directly related to operating and 
maintenance of the facility being installed or improved; and
    (h) Pay project costs when other funding is a guaranteed loan 
obtained in accordance with 7 CFR part 5019.
    7. Other Submission Requirements. Applications and supporting 
information will not be accepted via, fax, electronic mail, or any 
other medium other than through www.Grants.gov.

E. Application Review Information

    1. Criteria. All applications that are complete and eligible will 
be scored and ranked competitively. The categories for scoring criteria 
used are the following:

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             Scoring criteria                          Points
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(1) Degree of Expertise: Applicant's        Up to 10 points.
 experience in providing services similar
 to those proposed and description of
 successfully completed projects including
 the need that was identified and
 objectives accomplished.
    (a) More than ten years of experience.  10 points.
    (b) Five to ten years of experience...  5 points.
    (c) Less than five years of experience  0 points.
(2) Applicant Resources: (staff vs.         Up to 10 points.
 contract personnel).
    (a) At least 75% consortium staff.....  10 points.
    (b) 50% to 74.99% staff...............  5 points.
    (c) Less than 50% staff * (See          0 points or Ineligible.
     Regulatory Requirement).
(3) Service Area: Direct Efforts Towards    Up to 15 points.
 Identified Communities in Historically
 Impoverished Counties.
(4) Direct Efforts Towards Identified       Up to 15 points.
 Communities in the Mid-South Region.
(5) Goals/Objectives: Goals/objectives are  Up to 10 points.
 clearly defined and tied to need, results
 and measurable outcomes.
(6) Needs Assessment: The problem/issue     Up to 10 points.
 being addressed is clearly defined,
 supported by data, and addresses the need.
(7) Scope of Work: Extent to which the      Up to 35 points.
 work plan clearly articulates a well-
 thought-out approach to accomplishing
 objectives; and clearly defines how the
 applicant would respond to historically
 impoverished communities in areas which
 have had difficulty installing
 traditional wastewater treatment systems
 due to soil conditions **.
(8) Innovative Approach: Innovative         Up to 10 points.
 Approach to Identifying and Targeting
 Wastewater Treatment.
(9) Sustainability: Applicant demonstrates  Up to 10 points.
 ability to sustain project without
 federal award using a thorough financial
 analysis to include: cash on hand,
 projected revenues, outside source
 contributions, and show a steady increase
 to sustainability within five years.
(10) In-Kind Support......................  Up to 10 points.
    (a) Demonstrated commitment of non-     10 points.
     federal resources of more than 25% of
     total budget.
    (b) Demonstrated commitment of non-     5 points.
     federal resources 10-25% of total
     budget.
    (c) Less than 10 percent of non-        0 points.
     federal resources of total budget.
(11) Administrator Discretion: RUS          Up to 15 points.
 Administrator may provide additional
 points based on the following factors:
 geographic, economic, agency priority
 issues ***.
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* Technical Assistance related efforts must adhere to 7 CFR
  1775.35(e)(3).
** USDA has an online resource that can be used for evaluation and
  determining soil conditions, which can then be used to support the
  proposed project scope of work. Resource can be accessed here: https://websoilsurvey.sc.egov.usda.gov/.
*** Administrator Points--To receive points, the project must be located
  in a Disadvantaged Community or a Distressed Community. A
  Disadvantaged Community will be determined by the Agency by using the
  Council on Environmental Quality's Climate and Economic Justice
  Screening Tool (which is incorporated into the USDA look-up map) which
  identifies communities burdened by climate change and environmental
  injustice. Additionally, all communities within the boundaries of
  Federally Recognized Tribes and Alaska Native Villages will also be
  determined to be Disadvantaged Communities by the Agency. Distressed
  Community will be determined by the Agency by using the Economic
  Innovation Group's Distressed Communities Index (which is incorporated
  into the USDA look-up map), which uses several socio-economic measures
  to identify communities with low economic well-being. To determine if
  your project is located in a Disadvantaged Community or a Distressed
  Community, please use the following USDA look-up map: https://ruraldevelopment.maps.arcgis.com/apps/webappviewer/?id=4acf083be4c44bb7864d90f97de0c788. The administrator
  points will be awarded solely on the aforementioned factors, up to a
  total of 15 points.

    Applicants may contract with a nonaffiliated organization for not 
more than 49 percent of the grant to provide the proposed assistance. 
Projects proposing technical assistance efforts through contracting 
that exceed 49 percent are ineligible. RUS's definition of an 
affiliated organization is as follows:
    In corporate law and taxes, an affiliate is a company that is 
related to another company, usually by being in the position of a 
member or a subordinate role (must be verified by organizational 
documentation). Two companies may be affiliated if one company has 
control over the other or if both are controlled by a third company. 
One corporation can be affiliated with another corporation by 
shareholdings, by holding a minority interest, or one corporation might 
be a subsidiary of another.
    2. Review and Selection Process. RUS will acknowledge the 
application's receipt via an email to the applicant. The following 
actions will be taken:
    (a) Incomplete or ineligible applications as of the deadline for 
submission will not be considered. If an application is determined to 
be incomplete or ineligible, the applicant will be notified in writing.
    (b) Complete, eligible applications will be evaluated competitively 
by a review team, composed of at least three RUS employees selected 
from the Water Programs Division. They will make overall 
recommendations based on the program elements found in 7 CFR part 1775 
and this NOFO, including review criteria presented in this notice. They 
will award points as described in the scoring criteria within this 
notice. Each application will receive a score based on the averages of 
the reviewers' scores and discretionary points awarded by the RUS 
Administrator. RUS reserves the right to request additional information 
once an application is determined to be

[[Page 34483]]

complete to minimize the risk of duplication of other federal efforts.
    (c) Applications will be ranked, and grants awarded based upon the 
scoring results and funding availability. At RUS's discretion, projects 
scoring too low may not be awarded funding even if funding remains 
available.
    (d) Regardless of the score an application receives, if RUS 
determines that the project is technically infeasible, RUS will notify 
the applicant, in writing, and no further action will be taken.
    (e) The Agency reserves the right to offer the applicant less than 
the grant funding requested.

F. Federal Award Administration Information

    1. Federal Award Notices.
    (a) Application Outcomes. There are four possible outcomes 
following the submission of an application under the TAC-RWTS program. 
RUS reserves the right to make no grant award if all applications are 
ineligible, incomplete, and/or do not meet the established program 
objectives and priorities. RUS may determine that the application is:
    (i) Eligible and selected for funding,
    (ii) Eligible but offered less funds than requested,
    (iii) Eligible but not selected for funding due to ranking of all 
applications, or
    (iv) Ineligible for the grant.
    (b) Award Notices. Applicants selected for funding will be sent an 
award letter, accompanied by a grant agreement, which outlines the 
terms and conditions of the award, and other applicable documents. 
Pursuant to the grant agreement, grant funds may be released over the 
course of the period of performance in reimbursement for the completion 
of eligible, approved activities which do not duplicate similar federal 
efforts or tasks. The grant agreement may also include reporting and 
pre-approval requirements consistent with 2 CFR part 200, 7 CFR part 
1775, and this NOFO which if not met, may result in a delay in 
reimbursement, disallowance of expense, or a suspension of the grant.
    (c) Payments and Reimbursements. Grantees will be reimbursed as 
delineated at 7 CFR 1775.18 and 1780.45, this NOFO, and the grant 
agreement, as applicable. No funds will be disbursed prior to Agency's 
receipt of the fully executed grant agreement. Funding requests may be 
submitted for allowable costs up to monthly and must include the 
appropriate supporting documentation. For construction-related 
projects, supporting documentation may include copies of payments made 
to contractors and other parties, and evidence of the completed work. 
The grantee is responsible for the monitoring and oversight of any 
construction development, including the monitoring of progress related 
to the goals and objectives of the award.
    (d) Scope of Services. The scope of work will be attached to the 
executed grant agreement. The grantee is responsible for ensuring that 
all contractual, legal, and program requirements are met prior to 
starting work. Construction projects that require refinement to the 
scope of work post-obligation will provide an updated scope of work 
prior to proceeding with any design or entering into any contracts. RUS 
will review the scope of work to ensure that the project costs are 
eligible and then affix the revised scope of work to the grant 
agreement. The grantee must ensure that the updated scope of work 
documents and meets all accessibility, civil rights, environmental, and 
other applicable standards.
    Any change in the scope of the project, budget adjustments of more 
than 10 percent of the total budget, or any other significant change in 
the project must be reported to and approved by the approval official 
by written amendment to the grant agreement. Any change not properly 
approved may be cause for termination of the grant.
    (e) Additional requirements. All laborers, apprentices, and 
mechanics employed by contractors and subcontractors on projects funded 
directly by or assisted in whole or in part by and through the Federal 
Government pursuant to the Consolidated Farm and Rural Development Act 
shall be paid wages at rates not less than those prevailing on projects 
of a character similar in the locality as determined by the Secretary 
of Labor in accordance with 40 U.S.C. 3141-3148. Further details on 
eligible applicants and projects may be found in the relevant 
regulations listed in Section C of this notice.
    2. Administrative and National Policy Requirements. There are no 
known unusual Administrative and National Policy Requirements 
associated with the TAC-RWTS Grant Pilot Program.
    3. Reporting. Performance reporting, including applicable forms, 
narratives, financials, and other documentation, are to be completed 
and submitted in accordance with this NOFO and the provisions of 7 CFR 
part 1775, 2 CFR part 200, and the grant agreement, as applicable. It 
will be the grantee's responsibility to demonstrate how the costs are 
associated to the goals and objectives of the award. Further, all 
grantees must submit an audit or financial information covering the 
defined period of performance as outlined in this NOFO, 7 CFR part 
1775, 2 CFR part 200, subpart F, and the grant agreement, as 
applicable.
    Any public facilities constructed through this award whereby 
ownership is retained by the grantee will be serviced in accordance 
with 2 CFR part 200 and the grant agreement. Should the facility be 
transferred to an eligible entity, as defined within this NOFO, the 
grantee will complete a review of the technical, managerial, and 
financial capacity of the entity prior to transfer. The analysis will 
be submitted to RUS for review prior to completing the transfer. The 
facility will be serviced by the grantee until such time that the 
conditions of 2 CFR part 200 and the grant agreement are met. This 
includes monitoring the disposition of the facility, partially or in 
whole, related to this award.

G. Federal Awarding Agency Contacts

    For general questions about this announcement, please contact 
Christina Cerio at [email protected] or (315) 403-3112. The program 
website also provides up to date contact information at https://www.rd.usda.gov/programs-services/water-environmental-programs/technical-assistance-and-construction-innovative-regional-wastewater-treatment-solutions-tac-rwts.

H. Domestic Content Procurement Preferences

    1. Build America, Buy America. 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 (IIJA). 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. American Iron and Steel. Awardees that are not subject to BABAA 
requirements detailed above shall be governed by the American Iron and 
Steel (AIS) requirements mandated by the Consolidated Appropriations 
Act of 2023, Section 734 Division A, Title VII. Any requests for waiver 
of these requirements must be submitted pursuant to USDA's guidance 
available online at https://www.rd.usda.gov/

[[Page 34484]]

water-and-waste-disposal-programs-american-iron-and-steel-requirement.

I. Other Information

    1. 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 0572-0112.
    2. National Environmental Policy Act. All recipients under this 
notice are subject to the requirements of 7 CFR part 1970, 
Environmental Policies and Procedures. However, awards for technical 
assistance under this notice are classified as a Categorical Exclusion 
(CE) according to 7 CFR 1970.53(b), CEs involving no or minimal 
disturbance without an environmental report, and usually do not require 
any additional documentation. RUS will review each grant application to 
determine its compliance with 7 CFR part 1970. The applicant may be 
asked to provide additional information or documentation to assist RUS 
with this determination.
    3. 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 sub-awards and executive total 
compensation in accordance with 2 CFR part 170, Reporting subaward and 
executive compensation information.
    4. 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, and the Equal Credit Opportunity Act of 1974.
    5. Nondiscrimination Statement. In accordance with Federal civil 
rights laws and USDA civil rights regulations and policies, the USDA, 
its Mission Areas, agencies, staff offices, employees, and institutions 
participating in or administering USDA programs are prohibited from 
discriminating based on race, color, national origin, religion, sex, 
gender identity (including gender expression), sexual orientation, 
disability, age, marital status, 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/oascr/program-discrimination-complaint-filing, 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. 2023-11373 Filed 5-26-23; 8:45 am]
BILLING CODE 3410-15-P