Notice of Funding Opportunity (NOFO) for Section 313A Guarantees for Bonds and Notes Issued for Utility Infrastructure Purposes for Fiscal Year (FY) 2024, 52-56 [2023-27901]
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Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Notices
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grantee and approved by the Agency. A
final Project Performance Report will be
required with the final Financial Status
Report. The final report may serve as the
last quarterly report. The final report
must provide complete information
regarding the jobs created and
supported as a result of the grant if
applicable. Grantees must continuously
monitor performance to ensure that time
schedules are being met, projected work
by time periods is being accomplished,
and other performance objectives are
being achieved. Grantees must submit
an original of each report to the Agency
no later than 30 days after the end of the
quarter. The Project Performance
Reports must include, but not be limited
to, the following:
(a) A comparison of actual
accomplishments to the objectives
established for that period;
(b) Problems, delays, or adverse
conditions, if any, which have affected
or will affect attainment of overall
Project objectives, prevent meeting time
schedules or objectives, or preclude the
attainment of Project work elements
during established time periods. This
disclosure shall be accompanied by a
statement of the action taken or planned
to resolve the situation;
(c) Objectives and timetable
established for the next reporting
period;
(d) Any special reporting
requirements, such as jobs supported
and created, businesses assisted, or
Economic Development which results in
improvements in median household
incomes, and any other specific
requirements, should be placed in the
reporting section in the Letter of
Conditions; and
(e) Within 90 days after the
conclusion of the Project, the grantee
will provide a final Project Evaluation
Report. The last quarterly payment will
be withheld until the final report is
received and approved by the Agency.
Even though the grantee may request
reimbursement monthly, the last three
months of reimbursements will be
withheld until a final Project, Project
Performance, and Financial Status
Report are received and approved by the
Agency.
G. Federal Awarding Agency Contact(s)
For general questions about this
announcement, please contact your
USDA RD State Office provided in the
ADDRESSES section of this notice.
H. Other Information
1. Paperwork Reduction Act. In
accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
chapter 35), the information collection
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requirements associated with this
program, as covered in this notice, have
been approved by the Office of
Management and Budget (OMB) under
OMB Control Number 0570–0070.
2. National Environmental Policy Act.
All recipients under this notice are
subject to the requirements of 7 CFR
part 1970 (https://www.ecfr.gov/current/
title-7/subtitle-B/chapter-XVIII/
subchapter-H/part-1970). However,
awards for technical assistance and
training under this notice are classified
as a Categorical Exclusion in accordance
with 7 CFR 1970.53(b) (https://
www.ecfr.gov/current/title-7/section1970.53), and usually do not require any
additional documentation. RBCS will
review each grant application to
determine its compliance with 7 CFR
part 1970 (https://www.ecfr.gov/current/
title-7/subtitle-B/chapter-XVIII/
subchapter-H/part-1970). The applicant
may be asked to provide additional
information or documentation to assist
RBCS with this determination.
3. Federal Funding Accountability
and Transparency Act. All applicants,
in accordance with 2 CFR part 25
(https://www.ecfr.gov/current/title-2/
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 (https://www.ecfr.gov/current/
title-2/part-170).
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), 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
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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; 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.
USDA is an equal opportunity
provider, employer, and lender.
Karama Neal,
Administrator, Rural Business-Cooperative
Service.
[FR Doc. 2023–28840 Filed 12–29–23; 8:45 am]
BILLING CODE 3410–XY–P
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
[DOCKET #: RUS–23–ELECTRIC–0020]
Notice of Funding Opportunity (NOFO)
for Section 313A Guarantees for Bonds
and Notes Issued for Utility
Infrastructure Purposes for Fiscal Year
(FY) 2024
Rural Utilities Service, USDA.
Notice of Funding Opportunity
(NOFO).
AGENCY:
ACTION:
The Rural Utilities Service
(RUS or the Agency), a Rural
Development agency of the United
SUMMARY:
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States Department of Agriculture
(USDA), announces the acceptance of
applications under the Guarantees for
Bonds and Notes Issued for Utility
Infrastructure Purposes Program (the
313A Program) for Fiscal Year (FY)
2024. This notice is being issued in
order to allow applicants sufficient time
to prepare and submit their applications
and give the Agency time to process
applications within FY 2024. In FY
2023, the Agency made $900 million
available for the 313A Program. Because
full-year appropriations have not been
enacted as of this date, the final amount
that will be made available in FY 2024
will be determined by subsequent
Congressional action. The agency is
accepting applications up to the amount
made available in FY 2023, subject to
Congressional action. The purpose of
the 313A Program is to guarantee loans
to selected applicants as a Guaranteed
Lender. Successful applications will be
selected by the Agency for funding and
subsequently awarded to the extent that
funding may ultimately be made
available through apportionment. All
applicants are responsible for all
expenses incurred in developing their
applications.
DATES: Completed applications must be
electronically received by RUS no later
than 5 p.m. eastern time (ET) on March
4, 2024. Applicants intending to submit
applications must have their
applications received by the closing
deadline.
ADDRESSES: Completed applications
must be submitted electronically to
Amy McWilliams, Branch Chief, Policy
and Outreach Branch, Office of
Customer Service and Technical
Assistance, Electric Program, RUS at
amy.mcwilliams@usda.gov.
FOR FURTHER INFORMATION CONTACT:
Amy McWilliams, Branch Chief, Policy
and Outreach Branch, Office of
Customer Service and Technical
Assistance, Electric Program, Rural
Utilities Service, USDA, 1400
Independence Avenue SW, Mail Stop
1560, Room 4121—South, Washington,
DC 20250–1560, by email at
amy.mcwilliams@usda.gov, or call (202)
205–8663.
SUPPLEMENTARY INFORMATION:
Overview
Federal Awarding Agency Name:
Rural Utilities Service
Funding Opportunity Title: Notice of
Funding Opportunity (NOFO) for
Section 313A Guarantees for Bonds and
Notes Issued for Utility Infrastructure
Purposes for Fiscal Year (FY) 2024.
Announcement Type: Notice of
Funding Opportunity
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Assistance Listing: 10.850.
Dates: Completed applications must
be received by RUS no later than 5 p.m.
eastern time (ET) on March 4, 2024.
Rural Development Key Priorities: The
Agency encourages applicants to
consider projects that will advance the
following key priorities (more details
available at https://www.rd.usda.gov/
priority-points):
• Addressing Climate Change and
Environmental Justice; Reducing
climate pollution and increasing
resilience to the impacts of climate
change through economic support to
rural communities
• Advancing Racial Justice, PlaceBased Equity, and Opportunity;
Ensuring all rural residents have
equitable access to RD programs and
benefits from RD funded projects.
• Creating More and Better Market
Opportunities; Assisting rural
communities recover economically
through more and better market
opportunities and through improved
infrastructure.
A. Program Description
1. Purpose of the Program. The
purpose of the 313A Program is to
guarantee loans to selected applicants
(each referred to as the ‘‘Guaranteed
Lender’’ in this NOFO). The proceeds of
the guaranteed loans are to be used (a)
to make utility infrastructure loans or
(b) to refinance bonds or notes issued
for such purposes to a borrower that has
at any time received, or is eligible to
receive, a loan under the Rural
Electrification Act of 1936, as amended
(RE Act). Each applicant must provide
a statement on how it proposes to use
the proceeds of the guaranteed bonds,
and the financial benefit it anticipates
deriving from participating in the
program pursuant to 7 CFR 1720.6(a)(3),
or its equivalent in any subsequent
regulation. Objectives may include, but
are not limited to the annual savings to
be realized by the ultimate borrower(s)
as a result of the applicant’s use of
lower cost loan funds provided by the
Federal Financing Bank (FFB) and
guaranteed by RUS.
The Agriculture Improvement Act of
2018 (2018 Farm Bill) modified the
313A Program by amending the RE Act
to allow proceeds of guaranteed bonds
awarded under this NOFO to be used to
make broadband loans, or to refinance
broadband loans made to a borrower
that has received, or is eligible to
receive, a broadband loan under title VI
of the RE Act.
The 2018 Farm Bill has also modified
the 313A Program to allow the proceeds
of guaranteed loans made under this
NOFO to be used by the Guaranteed
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Lender to fund projects for the
generation of electricity.
2. Statutory and Regulatory Authority.
The 313A Program is authorized by
section 313A of the Rural Electrification
Act of 1936, as amended (7 U.S.C. 940c–
1), and is implemented by regulations
located at 7 CFR part 1720. The
Administrator of RUS (the
Administrator) has been delegated
responsibility for administering the
313A Program.
3. Definitions. The definitions
applicable to this NOFO are currently
published at 7 CFR 1720.3.
4. Application of Awards. RUS will
review and evaluate applications
received in response to this NOFO
based on the regulations at 7 CFR
1720.7, and as provided in this NOFO.
B. Federal Award Information
Type of Awards: Guaranteed Loans
Fiscal Year Funds: FY 2024.
Anticipated available Funds:
$900,000,000. Should additional
funding become available this FY, RUS
reserves the right to increase the total
funds available under this notice.
Award Amounts: RUS anticipates
making multiple guarantees under this
NOFO. The number, amount, and terms
of awards under this NOFO will depend
in part on the number of eligible
applications and the amount of funds
requested and the final amount
appropriated by Congress. In
determining whether to make an award,
RUS will take overall program policy
objectives into account.
Anticipated Award Date: Awards will
be made on or before Monday,
September 30, 2024, but no earlier than
March 4, 2024.
Performance Period: The RE Act
provides that loans guaranteed under
this program cannot exceed 30 years in
length.
Renewal or Supplemental Awards: N/
A
Type of Assistance Instrument: The
type of assistance is in the form of an
RUS FFB Guaranteed Loan and is
supported by a perfected lien on
collateral sufficient to provide for full
loan security.
C. Eligibility Information
1. Eligible Applicants. To be eligible
to participate in the 313A Program or
receive a guarantee, a Guaranteed
Lender must meet the eligibility criteria
specified in 7 CFR 1720.5.
2. Cost Sharing or Matching. There is
no requirement for cost sharing or
matching; however, borrowers must
provide sufficient unencumbered
collateral to secure loan guarantees
made under this program.
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3. Other. Applications will only be
accepted from lenders that serve rural
areas as defined in 7 CFR 1710.2(a).
D. Application and Submission
Information
1. Address to Request Application
Package.
All applications must be prepared and
submitted in accordance with this
NOFO and 7 CFR part 1720 (https://
www.ecfr.gov/current/title-7/subtitle-B/
chapter-XVII/part-1720).
2. Content and Form of Application
Submission.
In addition to the required application
specified in 7 CFR 1720.6, all applicants
must submit the following additional
required documents and materials:
a. Restrictions on Lobbying:
Applicants must comply with the
requirements relating to restrictions on
lobbying activities (See 2 CFR part 418).
This form is available at https://
www.gsa.gov/forms-library/disclosurelobbying-activities.
b. Uniform Relocation Act assurance
statement:
Applicants must comply with 49 CFR
part 24, which implements the Uniform
Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as
amended. (See 7 CFR 1710.124.) This
form (Assurances Required by 49 CFR
2.2(a)) is available at https://
www.rd.usda.gov/resources/directives/
electric-sample-documents.
c. Federal debt delinquency
requirements:
This report indicates whether the
applicants are delinquent on any
Federal debt (See 7 CFR 1710.126 and
7 CFR 1710.501(a) (12)). This form (the
Federal Debt Delinquency Certification)
is available at https://www.rd.usda.gov/
directives/federal-debt-delinquencycertification.
d. Form RD 400–4, Assurance
Agreement:
Applicants must submit a nondiscrimination assurance commitment
to comply with certain regulations on
non-discrimination in program services
and benefits and on equal employment
opportunity as set forth in 7 CFR part
15, 12 CFR part 202, 7 CFR part 1901,
subpart E, DR 4300–003, DR 4330–0300,
and DR 4330–005. This form is available
at https://www.rd.usda.gov/directives/
compliance-assurance-rd-form-400-4nov-2017.
e. Articles of Incorporation and
Bylaws:
See 7 CFR 1710.501(b)(1). These are
required if either document has been
amended since the last loan application
was submitted to RUS, or if this is the
applicant’s first application for a loan
under the RE Act.
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f. Pro forma financial statements
including cash flow projections and
assumptions:
Each applicant must include five-year
pro forma income statements, balance
sheets and cash flow projections or
business plans and clearly state the
assumptions that underlie the
projections, demonstrating that there is
reasonable assurance that the applicant
will be able to repay the guaranteed loan
in accordance with its terms (See 7 CFR
1720.6(a)(4)).
g. Pending litigation statement:
A statement from the applicant’s
counsel listing any pending litigation,
including levels of related insurance
coverage and the potential effect on the
applicant, must be submitted to RUS.
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 (https://www.ecfr.gov/
current/title-2/subtitle-A/chapter-I/part25). To register in SAM, entities will be
required to obtain a Unique Entity
Identifier (UEI). Instructions for
obtaining the UEI are available at
https://sam.gov/content/entityregistration.
b. Applicants 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 it completes
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. To be
considered, applications must be
submitted no later than 5 p.m. eastern
time (ET) on March 4, 2024.
5. Funding Restrictions.
Funds from loans guaranteed under
this program may only be used in
accordance with this notice, the
program regulations, and the RE Act.
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6. Other Submission Requirements.
Such other application documents and
submissions deemed necessary by the
Secretary for evaluation of applications.
E. Application Review Information
1. Criteria.
Each application will be reviewed by
the Secretary to determine whether it is
eligible under 7 CFR 1720.5, the
information required under 7 CFR
1720.6 is complete, and the proposed
guaranteed bond complies with
applicable statutes and regulations. The
Secretary can at any time reject an
application that fails to meet these
requirements.
2. Review and Selection Process.
Applications will be subject to a
substantive review, on a competitive
basis, by the Administrator based upon
the evaluation factors listed in 7 CFR
1720.7(b). The Administrator may limit
the number of guarantees made to a
maximum of five per year, to ensure a
sufficient examination is conducted of
applicant requests. RUS will notify the
applicant in writing of the
Administrator’s approval or denial of an
application. Approvals for guarantees
will be conditioned upon compliance
with 7 CFR 1720.4 and 7 CFR 1720.6.
The Administrator reserves the
discretion to approve an application for
an amount that was less than requested.
Before a guarantee decision is made
by the Administrator, the Administrator
shall request that FFB review the rating
agency determination required by 7 CFR
1720.5(b)(2) as to whether the bond or
note to be issued would receive an
investment grade rating without regard
to the guarantee.
F. Federal Award Administration
Information
1. Federal Award Notices.
RUS will send a commitment letter to
an applicant once the guaranteed loan
has been approved. Applicants must
accept and commit to all terms and
conditions of the guaranteed loan which
are requested by RUS and FFB before
the loan guarantee award can be
obligated.
The requirements under 7 CFR 1720.8
must be met by the applicant prior to
the endorsement of a guarantee by the
Administrator. Each Guaranteed Lender
will be required to enter into a
Guarantee Agreement with RUS that
contains the provisions described in 7
CFR 1720.8 (Issuance of the Guarantee),
7 CFR 1720.9 (Guarantee Agreement),
and 7 CFR 1720.12 (Reporting
Requirements). The Guarantee
Agreement will also obligate the
Guaranteed Lender to pay, on a semiannual basis, a guarantee fee equal to 30
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basis points (0.30 percent) of the
outstanding principal amount of the
guaranteed loan (See 7 CFR 1720.10).
2. Administrative and National Policy
Requirements—
Applicants must accept and commit
to all terms and conditions of the
guaranteed loan which are requested by
RUS and FFB as follows:
a. Compliance conditions.
In addition to the standard conditions
placed on the 313A Program or
conditions requested by RUS to ensure
loan security and statutory compliance,
applicants must comply with the
following conditions:
(1) Each Guaranteed Lender selected
under the 313A Program will be
required to post collateral for the benefit
of RUS in an amount at least equal to
the aggregate amount of loan advances
made to the Guaranteed Lender under
the 313A Program.
(2) The pledged collateral (the
Pledged Collateral) shall consist of
outstanding notes or bonds payable to
the Guaranteed Lender (the Eligible
Instruments) and shall be placed on
deposit with a collateral agent for the
benefit of RUS. To be deemed Eligible
Instruments that can be pledged as
collateral, the notes or bonds to be
pledged (i) cannot be classified as nonperforming, impaired, or restructured
under generally accepted accounting
principles; special mention loans as
defined by the Office of the Comptroller
of the Currency; or any other elevated
risk categories used by the Guaranteed
Lender, (ii) must be free and clear of all
liens other than the lien created for the
benefit of RUS, (iii) cannot be
comprised of more than 30 percent of
bonds or notes from generation and
transmission borrowers, (iv) cannot
have more than 5 percent of bonds and
notes be from any one particular
borrower and (v) cannot be unsecured
notes.
(3) The Guaranteed Lender will be
required to place a lien on the Pledged
Collateral in favor of RUS (as secured
party) at the time that the Pledged
Collateral is deposited with the
collateral agent. RUS will have the right,
in its sole discretion, within 14 business
days of the Guaranteed Lender’s written
request to pledge Pledged Collateral, to
reject any of the Pledged Instruments
and require the Guaranteed Lender to
substitute other Pledged Instruments as
collateral with the collateral agent. Prior
to receiving any advances under the
313A Program, the Guaranteed Lender
will be required to enter into a pledge
agreement, satisfactory to RUS, with a
banking institution serving as collateral
agent.
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(4) The Guaranteed Lender will be
required to agree not to take any action
that would have the effect of reducing
the value of the pledged collateral below
the level described above.
(5) Applicants must certify to the
RUS, the portion of their loan portfolio
that is:
i. Refinanced RUS debt;
ii. Debt of borrowers for whom both
RUS and the applicants have
outstanding loans;
and
iii. Debt of borrowers for whom both
RUS and the applicant have outstanding
concurrent loans pursuant to Section
307 of the RE Act, and the amount of
Eligible Loans.
b. Schedule of Loan Repayment:
The amortization method for the
repayment of the guaranteed loan shall
be repaid by the Guaranteed Lender: (i)
in periodic installments of principal and
interest, (ii) in periodic installments of
interest and, at the end of the term of
the bond or note, as applicable, by the
repayment of the outstanding principal,
or (iii) through a combination of the
methods described in (i) and (ii) above.
The amortization method will be agreed
to by RUS and the Guaranteed Lender.
3. Compliance with Federal Laws.
Applicants must comply with all
applicable Federal laws and regulations.
a. This loan guarantee will be subject
to the provisions contained in the
appropriations act for FY 2024, once
enacted by Congress. Prior
appropriations acts have included
prohibitions against RUS making
awards to applicants having corporate
felony convictions within the past 24
months or to applicants having
corporate Federal tax delinquencies. It
is possible that such provisions will be
included in the appropriations act for
FY 2024.
b. An authorized official within your
organization must execute, date, and
return the loan commitment letter to
RUS within, no later than 14 calendar
days from the date of the letter,
otherwise the commitment will be
voided.
4. Reporting
Guaranteed Lenders are required to
comply with the financial reporting
requirements and Pledged Collateral
review and certification requirements
set forth in 7 CFR 1720.12.
G. Federal Awarding Agency Contact(s)
For general questions about this
announcement, please contact your
USDA Rural Development contact
provided in the ADDRESSES section of
this notice.
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H. Other Information
Paperwork Reduction Act
Under the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.), OMB must
approve all ‘‘collection of information’’
as a requirement for ‘‘answers to ***
identical reporting or recordkeeping
requirements imposed on ten or more
persons ***’’ (44 U.S.C. 3502(3)(A)).
RUS has concluded that the reporting
requirements contained in this funding
announcement will involve fewer than
10 persons and do not require approval
under the provisions of the Act.
National Environmental Policy Act
In accordance with 7 CFR
1970.53(a)(7), any proceeds to be used
to refinance bonds or notes previously
issued by the Guaranteed Lender for RE
Act purposes are classified as
categorical exclusions. However, for any
new projects using 313A Program funds,
applicants must consult with RUS and
comply with the Agency regulations at
7 CFR part 1970.
Federal Funding Accountability and
Transparency Act
All applicants, in accordance with 2
CFR part 25 (https://www.ecfr.gov/
current/title-2/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 (https://www.ecfr.gov/current/
title-2/part-170).
Civil Rights Act
All loan guarantees 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 FederallyAssisted 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.
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,
E:\FR\FM\02JAN1.SGM
02JAN1
56
Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Notices
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; 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.
USDA is an equal opportunity
provider, employer, and lender.
Andrew Berke,
Administrator, Rural Utilities Service, USDA
Rural Development.
[FR Doc. 2023–27901 Filed 12–29–23; 8:45 am]
BILLING CODE 3410–15–P
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DEPARTMENT OF COMMERCE
Census Bureau
Census Scientific Advisory Committee;
Request for Nominations
Census Bureau, Commerce.
Notice of request for
nominations.
AGENCY:
ACTION:
VerDate Sep<11>2014
15:59 Dec 29, 2023
Jkt 262001
The Bureau of the Census
(Census Bureau) requests nominations
of individuals to the Census Scientific
Advisory Committee (CSAC or
Committee). The Census Bureau will
consider nominations received in
response to this notice, as well as from
other sources. The SUPPLEMENTARY
INFORMATION section of this notice
provides Committee and membership
criteria.
DATES: Please submit nominations by
February 2, 2024. The Census Bureau
will retain nominations received after
this date for consideration should
additional vacancies occur.
ADDRESSES: Please submit nominations
to the census.scientific.advisory
.committee@census.gov (subject line
‘‘2024 CSAC Nominations’’).
FOR FURTHER INFORMATION CONTACT:
Shana Banks, Chief, Advisory
Committee Branch, Office of Program,
Performance and Stakeholder
Integration (PPSI), Census Bureau, by
telephone at 301–763–3815 or by email
at Shana.J.Banks@census.gov.
Individuals who use telecommunication
devices for the deaf (TDD) may call the
Federal Information Relay Service
(FIRS) at 1–800–877–8339 between 8
a.m. and 8 p.m., eastern standard time,
Monday through Friday.
SUPPLEMENTARY INFORMATION: The
Census Scientific Advisory Committee
was established in accordance with the
Federal Advisory Committee Act
(FACA) title 5, United States Code
(U.S.C.), app. The following provides
information about the Committee,
membership, and the nomination
process.
SUMMARY:
Objectives and Duties
1. The Census Scientific Advisory
Committee advises the Director of the
U.S. Census Bureau on the full range of
Census Bureau programs and activities
including communications,
demographic, economic, field
operations, geography, information
technology, and statistics.
2. The Census Scientific Advisory
Committee will address census policies,
research and methodology, tests,
operations, communications/messaging,
and other activities to ascertain needs
and best practices to improve censuses,
surveys, operations, and programs.
3. The Census Scientific Advisory
Committee will provide formal review
and feedback on internal and external
working papers, reports, and other
documents related to the design and
implementation of census programs and
surveys.
4. The Census Scientific Advisory
Committee will function solely as an
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
advisory body and shall comply fully
with the provisions of the FACA.
5. The Census Scientific Advisory
Committee reports to the Director of the
Census Bureau.
Membership
1. The Census Scientific Advisory
Committee consists of up to 21 members
who are appointed by and serve at the
discretion of the Director of the Census
Bureau.
2. Members will serve for a three-year
term. All members will be evaluated at
the conclusion of their first term with
the prospect of renewal, pending
Committee needs. Active attendance
and participation in meetings and
activities will be factors considered
when determining term renewal or
membership continuance. Members may
be appointed for a second three-year
term at the discretion of the Director.
3. Members shall serve as Special
Government Employees (SGEs) and will
be subject to the ethics rules applicable
to SGEs.
4. The Census Scientific Advisory
Committee aims to have balanced
representation among its members,
considering such factors as geography,
scientific expertise, community
involvement, and knowledge of census
programs and/or activities, and, where
possible the Census Bureau will
consider the ethnic, racial, and gender
diversity and various abilities of the
United States population.
5. No employee of the Federal
Government can serve as a member of
the Census Scientific Advisory
Committee.
Miscellaneous
1. The Census Bureau will not
compensate members of the Committee
for their services, but shall, upon
request, reimburse travel expenses as
authorized by 5 U.S.C. 5703.
2. The Census Scientific Advisory
Committee will convene twice per year,
budget and environmental conditions
permitting. The Committee will use
formal advisory committee meetings,
webinars, working groups, and other
means of review to accomplish its goals,
consistent with the requirements of
FACA.
Nomination Information
1. Nominations are requested as
described above.
2. Nominees must have scientific and
technical expertise in such areas as
communications, demographic,
economic, field operations, geography,
information technology, and statistics.
Such knowledge and expertise are
needed to provide advice and
E:\FR\FM\02JAN1.SGM
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Agencies
[Federal Register Volume 89, Number 1 (Tuesday, January 2, 2024)]
[Notices]
[Pages 52-56]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27901]
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DEPARTMENT OF AGRICULTURE
Rural Utilities Service
[DOCKET #: RUS-23-ELECTRIC-0020]
Notice of Funding Opportunity (NOFO) for Section 313A Guarantees
for Bonds and Notes Issued for Utility Infrastructure Purposes for
Fiscal Year (FY) 2024
AGENCY: Rural Utilities Service, USDA.
ACTION: Notice of Funding Opportunity (NOFO).
-----------------------------------------------------------------------
SUMMARY: The Rural Utilities Service (RUS or the Agency), a Rural
Development agency of the United
[[Page 53]]
States Department of Agriculture (USDA), announces the acceptance of
applications under the Guarantees for Bonds and Notes Issued for
Utility Infrastructure Purposes Program (the 313A Program) for Fiscal
Year (FY) 2024. This notice is being issued in order to allow
applicants sufficient time to prepare and submit their applications and
give the Agency time to process applications within FY 2024. In FY
2023, the Agency made $900 million available for the 313A Program.
Because full-year appropriations have not been enacted as of this date,
the final amount that will be made available in FY 2024 will be
determined by subsequent Congressional action. The agency is accepting
applications up to the amount made available in FY 2023, subject to
Congressional action. The purpose of the 313A Program is to guarantee
loans to selected applicants as a Guaranteed Lender. Successful
applications will be selected by the Agency for funding and
subsequently awarded to the extent that funding may ultimately be made
available through apportionment. All applicants are responsible for all
expenses incurred in developing their applications.
DATES: Completed applications must be electronically received by RUS no
later than 5 p.m. eastern time (ET) on March 4, 2024. Applicants
intending to submit applications must have their applications received
by the closing deadline.
ADDRESSES: Completed applications must be submitted electronically to
Amy McWilliams, Branch Chief, Policy and Outreach Branch, Office of
Customer Service and Technical Assistance, Electric Program, RUS at
[email protected].
FOR FURTHER INFORMATION CONTACT: Amy McWilliams, Branch Chief, Policy
and Outreach Branch, Office of Customer Service and Technical
Assistance, Electric Program, Rural Utilities Service, USDA, 1400
Independence Avenue SW, Mail Stop 1560, Room 4121--South, Washington,
DC 20250-1560, by email at [email protected], or call (202) 205-
8663.
SUPPLEMENTARY INFORMATION:
Overview
Federal Awarding Agency Name: Rural Utilities Service
Funding Opportunity Title: Notice of Funding Opportunity (NOFO) for
Section 313A Guarantees for Bonds and Notes Issued for Utility
Infrastructure Purposes for Fiscal Year (FY) 2024.
Announcement Type: Notice of Funding Opportunity
Assistance Listing: 10.850.
Dates: Completed applications must be received by RUS no later than
5 p.m. eastern time (ET) on March 4, 2024.
Rural Development Key Priorities: The Agency encourages applicants
to consider projects that will advance the following key priorities
(more details available at https://www.rd.usda.gov/priority-points):
Addressing Climate Change and Environmental Justice;
Reducing climate pollution and increasing resilience to the impacts of
climate change through economic support to rural communities
Advancing Racial Justice, Place-Based Equity, and
Opportunity; Ensuring all rural residents have equitable access to RD
programs and benefits from RD funded projects.
Creating More and Better Market Opportunities; Assisting
rural communities recover economically through more and better market
opportunities and through improved infrastructure.
A. Program Description
1. Purpose of the Program. The purpose of the 313A Program is to
guarantee loans to selected applicants (each referred to as the
``Guaranteed Lender'' in this NOFO). The proceeds of the guaranteed
loans are to be used (a) to make utility infrastructure loans or (b) to
refinance bonds or notes issued for such purposes to a borrower that
has at any time received, or is eligible to receive, a loan under the
Rural Electrification Act of 1936, as amended (RE Act). Each applicant
must provide a statement on how it proposes to use the proceeds of the
guaranteed bonds, and the financial benefit it anticipates deriving
from participating in the program pursuant to 7 CFR 1720.6(a)(3), or
its equivalent in any subsequent regulation. Objectives may include,
but are not limited to the annual savings to be realized by the
ultimate borrower(s) as a result of the applicant's use of lower cost
loan funds provided by the Federal Financing Bank (FFB) and guaranteed
by RUS.
The Agriculture Improvement Act of 2018 (2018 Farm Bill) modified
the 313A Program by amending the RE Act to allow proceeds of guaranteed
bonds awarded under this NOFO to be used to make broadband loans, or to
refinance broadband loans made to a borrower that has received, or is
eligible to receive, a broadband loan under title VI of the RE Act.
The 2018 Farm Bill has also modified the 313A Program to allow the
proceeds of guaranteed loans made under this NOFO to be used by the
Guaranteed Lender to fund projects for the generation of electricity.
2. Statutory and Regulatory Authority. The 313A Program is
authorized by section 313A of the Rural Electrification Act of 1936, as
amended (7 U.S.C. 940c-1), and is implemented by regulations located at
7 CFR part 1720. The Administrator of RUS (the Administrator) has been
delegated responsibility for administering the 313A Program.
3. Definitions. The definitions applicable to this NOFO are
currently published at 7 CFR 1720.3.
4. Application of Awards. RUS will review and evaluate applications
received in response to this NOFO based on the regulations at 7 CFR
1720.7, and as provided in this NOFO.
B. Federal Award Information
Type of Awards: Guaranteed Loans
Fiscal Year Funds: FY 2024.
Anticipated available Funds: $900,000,000. Should additional
funding become available this FY, RUS reserves the right to increase
the total funds available under this notice.
Award Amounts: RUS anticipates making multiple guarantees under
this NOFO. The number, amount, and terms of awards under this NOFO will
depend in part on the number of eligible applications and the amount of
funds requested and the final amount appropriated by Congress. In
determining whether to make an award, RUS will take overall program
policy objectives into account.
Anticipated Award Date: Awards will be made on or before Monday,
September 30, 2024, but no earlier than March 4, 2024.
Performance Period: The RE Act provides that loans guaranteed under
this program cannot exceed 30 years in length.
Renewal or Supplemental Awards: N/A
Type of Assistance Instrument: The type of assistance is in the
form of an RUS FFB Guaranteed Loan and is supported by a perfected lien
on collateral sufficient to provide for full loan security.
C. Eligibility Information
1. Eligible Applicants. To be eligible to participate in the 313A
Program or receive a guarantee, a Guaranteed Lender must meet the
eligibility criteria specified in 7 CFR 1720.5.
2. Cost Sharing or Matching. There is no requirement for cost
sharing or matching; however, borrowers must provide sufficient
unencumbered collateral to secure loan guarantees made under this
program.
[[Page 54]]
3. Other. Applications will only be accepted from lenders that
serve rural areas as defined in 7 CFR 1710.2(a).
D. Application and Submission Information
1. Address to Request Application Package.
All applications must be prepared and submitted in accordance with
this NOFO and 7 CFR part 1720 (https://www.ecfr.gov/current/title-7/subtitle-B/chapter-XVII/part-1720).
2. Content and Form of Application Submission.
In addition to the required application specified in 7 CFR 1720.6,
all applicants must submit the following additional required documents
and materials:
a. Restrictions on Lobbying:
Applicants must comply with the requirements relating to
restrictions on lobbying activities (See 2 CFR part 418). This form is
available at https://www.gsa.gov/forms-library/disclosure-lobbying-activities.
b. Uniform Relocation Act assurance statement:
Applicants must comply with 49 CFR part 24, which implements the
Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended. (See 7 CFR 1710.124.) This form (Assurances
Required by 49 CFR 2.2(a)) is available at https://www.rd.usda.gov/resources/directives/electric-sample-documents.
c. Federal debt delinquency requirements:
This report indicates whether the applicants are delinquent on any
Federal debt (See 7 CFR 1710.126 and 7 CFR 1710.501(a) (12)). This form
(the Federal Debt Delinquency Certification) is available at https://www.rd.usda.gov/directives/federal-debt-delinquency-certification.
d. Form RD 400-4, Assurance Agreement:
Applicants must submit a non-discrimination assurance commitment to
comply with certain regulations on non-discrimination in program
services and benefits and on equal employment opportunity as set forth
in 7 CFR part 15, 12 CFR part 202, 7 CFR part 1901, subpart E, DR 4300-
003, DR 4330-0300, and DR 4330-005. This form is available at https://www.rd.usda.gov/directives/compliance-assurance-rd-form-400-4-nov-2017.
e. Articles of Incorporation and Bylaws:
See 7 CFR 1710.501(b)(1). These are required if either document has
been amended since the last loan application was submitted to RUS, or
if this is the applicant's first application for a loan under the RE
Act.
f. Pro forma financial statements including cash flow projections
and assumptions:
Each applicant must include five-year pro forma income statements,
balance sheets and cash flow projections or business plans and clearly
state the assumptions that underlie the projections, demonstrating that
there is reasonable assurance that the applicant will be able to repay
the guaranteed loan in accordance with its terms (See 7 CFR
1720.6(a)(4)).
g. Pending litigation statement:
A statement from the applicant's counsel listing any pending
litigation, including levels of related insurance coverage and the
potential effect on the applicant, must be submitted to RUS.
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 (https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25). To register in SAM,
entities will be required to obtain a Unique Entity Identifier (UEI).
Instructions for obtaining the UEI are available at https://sam.gov/content/entity-registration.
b. Applicants 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 it completes 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. To be considered, applications must
be submitted no later than 5 p.m. eastern time (ET) on March 4, 2024.
5. Funding Restrictions.
Funds from loans guaranteed under this program may only be used in
accordance with this notice, the program regulations, and the RE Act.
6. Other Submission Requirements. Such other application documents
and submissions deemed necessary by the Secretary for evaluation of
applications.
E. Application Review Information
1. Criteria.
Each application will be reviewed by the Secretary to determine
whether it is eligible under 7 CFR 1720.5, the information required
under 7 CFR 1720.6 is complete, and the proposed guaranteed bond
complies with applicable statutes and regulations. The Secretary can at
any time reject an application that fails to meet these requirements.
2. Review and Selection Process.
Applications will be subject to a substantive review, on a
competitive basis, by the Administrator based upon the evaluation
factors listed in 7 CFR 1720.7(b). The Administrator may limit the
number of guarantees made to a maximum of five per year, to ensure a
sufficient examination is conducted of applicant requests. RUS will
notify the applicant in writing of the Administrator's approval or
denial of an application. Approvals for guarantees will be conditioned
upon compliance with 7 CFR 1720.4 and 7 CFR 1720.6. The Administrator
reserves the discretion to approve an application for an amount that
was less than requested.
Before a guarantee decision is made by the Administrator, the
Administrator shall request that FFB review the rating agency
determination required by 7 CFR 1720.5(b)(2) as to whether the bond or
note to be issued would receive an investment grade rating without
regard to the guarantee.
F. Federal Award Administration Information
1. Federal Award Notices.
RUS will send a commitment letter to an applicant once the
guaranteed loan has been approved. Applicants must accept and commit to
all terms and conditions of the guaranteed loan which are requested by
RUS and FFB before the loan guarantee award can be obligated.
The requirements under 7 CFR 1720.8 must be met by the applicant
prior to the endorsement of a guarantee by the Administrator. Each
Guaranteed Lender will be required to enter into a Guarantee Agreement
with RUS that contains the provisions described in 7 CFR 1720.8
(Issuance of the Guarantee), 7 CFR 1720.9 (Guarantee Agreement), and 7
CFR 1720.12 (Reporting Requirements). The Guarantee Agreement will also
obligate the Guaranteed Lender to pay, on a semi-annual basis, a
guarantee fee equal to 30
[[Page 55]]
basis points (0.30 percent) of the outstanding principal amount of the
guaranteed loan (See 7 CFR 1720.10).
2. Administrative and National Policy Requirements--
Applicants must accept and commit to all terms and conditions of
the guaranteed loan which are requested by RUS and FFB as follows:
a. Compliance conditions.
In addition to the standard conditions placed on the 313A Program
or conditions requested by RUS to ensure loan security and statutory
compliance, applicants must comply with the following conditions:
(1) Each Guaranteed Lender selected under the 313A Program will be
required to post collateral for the benefit of RUS in an amount at
least equal to the aggregate amount of loan advances made to the
Guaranteed Lender under the 313A Program.
(2) The pledged collateral (the Pledged Collateral) shall consist
of outstanding notes or bonds payable to the Guaranteed Lender (the
Eligible Instruments) and shall be placed on deposit with a collateral
agent for the benefit of RUS. To be deemed Eligible Instruments that
can be pledged as collateral, the notes or bonds to be pledged (i)
cannot be classified as non-performing, impaired, or restructured under
generally accepted accounting principles; special mention loans as
defined by the Office of the Comptroller of the Currency; or any other
elevated risk categories used by the Guaranteed Lender, (ii) must be
free and clear of all liens other than the lien created for the benefit
of RUS, (iii) cannot be comprised of more than 30 percent of bonds or
notes from generation and transmission borrowers, (iv) cannot have more
than 5 percent of bonds and notes be from any one particular borrower
and (v) cannot be unsecured notes.
(3) The Guaranteed Lender will be required to place a lien on the
Pledged Collateral in favor of RUS (as secured party) at the time that
the Pledged Collateral is deposited with the collateral agent. RUS will
have the right, in its sole discretion, within 14 business days of the
Guaranteed Lender's written request to pledge Pledged Collateral, to
reject any of the Pledged Instruments and require the Guaranteed Lender
to substitute other Pledged Instruments as collateral with the
collateral agent. Prior to receiving any advances under the 313A
Program, the Guaranteed Lender will be required to enter into a pledge
agreement, satisfactory to RUS, with a banking institution serving as
collateral agent.
(4) The Guaranteed Lender will be required to agree not to take any
action that would have the effect of reducing the value of the pledged
collateral below the level described above.
(5) Applicants must certify to the RUS, the portion of their loan
portfolio that is:
i. Refinanced RUS debt;
ii. Debt of borrowers for whom both RUS and the applicants have
outstanding loans;
and
iii. Debt of borrowers for whom both RUS and the applicant have
outstanding concurrent loans pursuant to Section 307 of the RE Act, and
the amount of Eligible Loans.
b. Schedule of Loan Repayment:
The amortization method for the repayment of the guaranteed loan
shall be repaid by the Guaranteed Lender: (i) in periodic installments
of principal and interest, (ii) in periodic installments of interest
and, at the end of the term of the bond or note, as applicable, by the
repayment of the outstanding principal, or (iii) through a combination
of the methods described in (i) and (ii) above. The amortization method
will be agreed to by RUS and the Guaranteed Lender.
3. Compliance with Federal Laws.
Applicants must comply with all applicable Federal laws and
regulations.
a. This loan guarantee will be subject to the provisions contained
in the appropriations act for FY 2024, once enacted by Congress. Prior
appropriations acts have included prohibitions against RUS making
awards to applicants having corporate felony convictions within the
past 24 months or to applicants having corporate Federal tax
delinquencies. It is possible that such provisions will be included in
the appropriations act for FY 2024.
b. An authorized official within your organization must execute,
date, and return the loan commitment letter to RUS within, no later
than 14 calendar days from the date of the letter, otherwise the
commitment will be voided.
4. Reporting
Guaranteed Lenders are required to comply with the financial
reporting requirements and Pledged Collateral review and certification
requirements set forth in 7 CFR 1720.12.
G. Federal Awarding Agency Contact(s)
For general questions about this announcement, please contact your
USDA Rural Development contact provided in the ADDRESSES section of
this notice.
H. Other Information
Paperwork Reduction Act
Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), OMB
must approve all ``collection of information'' as a requirement for
``answers to *** identical reporting or recordkeeping requirements
imposed on ten or more persons ***'' (44 U.S.C. 3502(3)(A)). RUS has
concluded that the reporting requirements contained in this funding
announcement will involve fewer than 10 persons and do not require
approval under the provisions of the Act.
National Environmental Policy Act
In accordance with 7 CFR 1970.53(a)(7), any proceeds to be used to
refinance bonds or notes previously issued by the Guaranteed Lender for
RE Act purposes are classified as categorical exclusions. However, for
any new projects using 313A Program funds, applicants must consult with
RUS and comply with the Agency regulations at 7 CFR part 1970.
Federal Funding Accountability and Transparency Act
All applicants, in accordance with 2 CFR part 25 (https://www.ecfr.gov/current/title-2/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 (https://www.ecfr.gov/current/title-2/part-170).
Civil Rights Act
All loan guarantees 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.
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,
[[Page 56]]
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; 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. 2023-27901 Filed 12-29-23; 8:45 am]
BILLING CODE 3410-15-P