Notice of Funding Opportunity for the Timber Production Expansion Guaranteed Loan Program for Fiscal Year 2024, 104972-104976 [2024-30651]

Agencies

• DEPARTMENT OF AGRICULTURE
• Rural Business Cooperative Service

[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Notices]
[Pages 104972-104976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30651]


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DEPARTMENT OF AGRICULTURE

Rural Business Cooperative Service

[DOCKET #: RBS-24-BUSINESS-0008]


Notice of Funding Opportunity for the Timber Production Expansion 
Guaranteed Loan Program for Fiscal Year 2024

AGENCY: Rural Business-Cooperative Service, USDA.

ACTION: Notice.

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SUMMARY: The Rural Business-Cooperative Service (RBCS or Agency), a 
Rural Development (RD) agency of the United State Department of 
Agriculture (USDA), announces the acceptance of applications and 
availability of funding under the Timber Production Expansion 
Guaranteed Loan Program (TPEP) for fiscal year (FY) 2024. These 
guaranteed funds will be made available to eligible lenders to make 
loans to eligible borrowers seeking to establish, reopen, retrofit, 
expand, or improve a sawmill or other wood processing facility, in 
close proximity to a unit of United States Forest Service (USFS) 
National Forest System lands, including Indian forest land or 
rangeland, identified as high priority or very high priority on the map 
accessible using the following link: www.arcgis.com/apps/dashboards/5d6d9d9922a8486f83d51d40835f1870. This program will have in excess of 
$200 million available beginning in FY 2025 utilizing funding provided 
under the Infrastructure Investment and Jobs Act. All applicants are 
responsible for any expenses incurred in developing their applications.

DATES: Completed applications may be submitted beginning December 26, 
2024. Applications will be accepted until funds are exhausted.

ADDRESSES: Applicants are encouraged to contact the Agency to discuss 
projects and ask any questions about the program or application 
process. Entities wishing to apply for assistance may download the 
application documents and requirements delineated in this notice from: 
rd.usda.gov/onerdguarantee. Applications will only be accepted 
electronically.
    Applicants are encouraged to contact their respective RD State 
Office for an email contact to submit an electronic application. A list 
of the USDA RD State Office contacts can be found at: rd.usda.gov/about-rd/state-offices.

FOR FURTHER INFORMATION CONTACT: Shaun Stehr at [email protected], Loan and 
Grant Analyst, RBCS, USDA, 1400 Independence Avenue SW, Mail Stop 3201, 
Room 5803-South, Washington, DC 20250-3201; or call 717-675-0038.

SUPPLEMENTARY INFORMATION:

Overview

    Federal Awarding Agency Name: Rural Business-Cooperative Service.
    Funding Opportunity Title: Timber Production Expansion Guaranteed 
Loan Program.
    Announcement Type: Notice of Funding Opportunity (NOFO).
    Assistance Listing: 10.385.
    Dates: Applications will be accepted beginning December 26, 2024. 
Applications will be accepted until all funds are expended.
    Rural Development Key Priorities: The Agency encourages applicants 
to consider projects that will advance the following key priorities 
(more details available at 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 TPEP will provide financial 
assistance through loan guarantees to lenders providing loans to 
entities seeking to establish, reopen, retrofit, expand, or improve a 
sawmill or other wood processing facility in close proximity to a unit 
of USFS National Forest System lands, including Indian forest land or 
rangeland, that has been identified as high or very high priority for 
ecological restoration if the presence of a sawmill or other wood-
processing facility would substantially decrease or does substantially 
decrease the cost of conducting ecological restoration projects 
involving vegetation removal on the unit of land. These units of USFS 
National Forest System lands must be classified as being a high or very 
high priority for ecological restoration involving vegetation removal, 
due to the risk of unnaturally severe wildfires, or insect or disease 
infestation. The Agency will consider a facility to be in close 
proximity of the requisite unit of land if it is within two hundred 
fifty (250) miles of the area identified as high or very high priority 
for ecological restoration. TPEP facilities will purchase and process 
byproducts from ecosystem restoration projects.
    2. Statutory and Regulatory Authority: The TPEP program is 
authorized by section 40804(d)(3)--Ecosystem Restoration--of the 
Infrastructure Investment and Jobs Act (Pub. L. 117-58) which directs 
USFS to provide financial assistance to entities seeking to establish, 
reopen, retrofit, expand, or improve a sawmill or other wood processing 
facility that is in close proximity to a unit of United States Forest 
Service (USFS) National Forest System lands, including Indian forest 
land or rangeland, that has been identified as high or very high 
priority for ecological restoration and that is using ecological 
byproducts from the unit of land. Further, the TPEP program is in 
response to White House Executive Order 14081 on advancing the domestic 
bioeconomy, the USDA report Building a Resilient Biomass Supply, 
(usda.gov/media/press-releases/2024/03/14/usda-outlines-vision-strengthen-american-bioeconomy-through-more), and the subsequent 
deliverables outlined in the report's Implementation Framework. The 
TPEP program is operating as a pilot program and will be administered 
under 7 CFR part 5001. TPEP is designed and implemented in a manner 
similar to the Business and Industry (B&I) Guaranteed loan program with 
minor changes to meet the needs of the timber industry. An interagency 
agreement between the USFS and RBCS will allow RBCS to implement the 
TPEP program in the interest of the USFS.
    3. Definitions. The definitions applicable to this notice are 
published in 7 CFR 5001.3. For the purpose of this notice only:
    (a) Wood Processing Facility means a facility that produces solid 
wood products (including lumber, posts and poles), engineered wood 
products (including plywood, veneer panels, and mass timber products), 
biomass energy products (heat, power, combined heat and power, and 
biochar), and fuel products (firewood, wood pellets, briquettes, and 
liquid biofuels).
    (b) High Priority for Ecological Restoration means publicly owned 
USFS National Forest System lands, including Indian forest land or 
rangeland, that have been identified by

[[Page 104973]]

USFS as high risk for wildfire or insect or disease infestation. USDA 
Forest Service mapping can be found at www.arcgis.com/apps/dashboards/5d6d9d9922a8486f83d51d40835f1870.
    4. Application of Awards. The Agency will review, evaluate, and 
score applications received in response to this notice based on the 
provisions found in 7 CFR part 5001 Subpart A as indicated in this 
notice. Awards under TPEP will be made on a first come, first served 
basis using specific selection criteria contained in 7 CFR part 5001. 
The Agency advises all interested parties that the applicant bears the 
full burden in preparing and submitting an application in response to 
this notice.
    5. Accounting Terms. Accounting terms not otherwise defined in this 
notice shall have the definition ascribed to them under Generally 
Accepted Accounting Principles (GAAP).

B. Federal Award Information

    Type of Award: Loan Guarantee.
    Available Funds: An excess of $200 million will be available 
beginning in FY 2025. RBCS may, at its discretion, increase the total 
level of funding available from any available source provided the 
awards meet the requirements of the statute which made the funding 
available to the Agency.
    Award Amounts: The Administrator has established that the maximum 
loan amount is $25 million and there is no minimum loan amount.
    Due Date for Applications: Applications will be accepted until 
funds are expended.
    Anticipated Award Date: Beginning not earlier than one month post 
announcement.
    Performance Period: Guaranteed loans are governed by the loan 
terms.
    Type of Assistance Instrument: Loan note guarantee.
    Loan guarantee limits:
    (a) Loan amount. The total amount of guaranteed loans under this 
notice to one borrower, including the aggregate amount of guaranteed 
loans to affiliate entities dependent upon another's operations and 
generation of revenue for loan repayment, must not exceed $25 million.
    (b) Percentage of guarantee. The percentage of guarantee will be 90 
percent.
    (c) Guarantee Fees. Guarantee fees, as determined under 7 CFR 
5001.454, are not applicable to the TPEP program. The guaranteed loan 
will not have guarantee origination fees or annual guarantee service 
fees.

C. Eligibility Information

    1. Eligibility Requirements. The eligibility requirements for the 
borrower, lender, and project (as applicable) are clarified in 7 CFR 
part 5001 and are summarized in this notice.
    2. Eligible Borrowers and Lenders. To be eligible for a loan 
guarantee under TPEP, a lender must meet the eligibility requirements 
in 7 CFR 5001.130. The borrower must meet the requirements specified in 
7 CFR 5001.126(a) and (d) at the time of each guaranteed loan's 
approval and through issuance of the loan note guarantee. In addition, 
the borrower must be:
    (a) An entity engaged in or proposing to engage in establishing, 
reopening, retrofitting, expanding, or improving a sawmill or other 
wood-processing facility. For purposes of this notice, an eligible 
borrower entity may include a forest worker, logger, heavy equipment 
operator, material handler, or other professional entity responsible 
for purchasing and processing ecosystem restoration byproducts.
    (b) Eligible borrowers must use ecosystem restoration byproducts 
from Federal or Tribal lands that USFS identified as high or very high 
priority for ecological restoration involving vegetation removal and 
must procure a significant amount of raw materials from Federal or 
Tribal lands. High priority designated lands can be found using the 
TPEP Priority Areas dashboard at the following link: www.arcgis.com/apps/dashboards/5d6d9d9922a8486f83d51d40835f1870.
    3. Eligible Activities. Establishing, reopening, retrofitting, 
expanding, or improving a sawmill or other wood processing facility 
that is in close proximity to a unit of USFS National Forest System 
lands identified as high or very high priority for ecological 
restoration and that uses ecosystem restoration byproducts from an 
identified unit of USFS National Forest System lands, if the presence 
of a sawmill or other wood-processing facility would substantially 
decrease or does substantially decrease the cost of conducting 
ecological restorations projects involving vegetation removal on the 
unit of land. The Agency will consider a facility to be in close 
proximity of the requisite unit of land if it is within two hundred 
fifty (250) miles of the area identified as high or very high priority 
for ecological restoration.
    4. Eligible Uses of Funds/Eligible projects. To be eligible for the 
program, a project must meet the eligibility requirements of 7 CFR 
5001.121(c) and those specified in this notice. Borrowers must 
demonstrate, to the Agency's satisfaction, that guaranteed loan funds 
will be used to establish, reopen, retrofit, expand, or improve a 
sawmill or other wood processing facility that is in close proximity to 
a unit of USFS National Forest System lands that USFS identified as 
high or very high priority for ecological restoration and that uses 
ecological restoration byproducts from the high or very high priority 
unit of land. The following are additional eligible uses of guaranteed 
funds:
    (a) Lender fees, as determined under 7 CFR 5001.403.
    (b) Professional service fees and charges, provided the Agency 
approves the amounts as reasonable and customary in the area and fees 
for construction permits and licenses.
    (c) Feasibility studies and business plans.
    (d) Interest (including interest on interim financing) during the 
period before the first principal payment becomes due or when the 
facility becomes income producing, whichever is earlier.
    (e) Refinancing in accordance with 7 CFR 5001.102(d). Unless the 
amount to be refinanced is owed directly to the Federal Government or 
is federally guaranteed, no more than 50 percent of loan funds may be 
used to refinance existing debt.
    5. Cost Sharing or Matching. There are no cost sharing or matching 
requirements associated with this guarantee.
    6. Other.
    (a) Ineligible project costs. Ineligible project costs are in 
accordance with 7 CFR 5001.122.
    (b) Approved Lenders. Lenders that have met the requirements and 
have received approval under 7 CFR 5001.130 are prequalified to lend 
under TPEP.
    (c) Debarment and Suspension. Applicants are not eligible if they 
have been debarred or suspended or otherwise excluded from, or 
ineligible for, participation in Federal assistance programs under 2 
CFR parts 180 and 417. Applicants will be required to comply with the 
requirement in 2 CFR 180.335. Lenders are responsible for verification 
of the borrower's status. Verification can be done at sam.gov.

D. Application and Submission Information

    1. Address to Request Application Package. The TPEP Application 
Guide and copies of necessary forms and samples, are available at 
www.rd.usda.gov/onerdguarantee.
    2. Content and Form of Application Submission. Applicants seeking 
to participate in this program must submit an application in accordance 
with this notice and 7 CFR part 5001, as applicable.

[[Page 104974]]

    Carefully review this notice, 7 CFR parts 5001.301, 5001.302, 
5001.303 and 5001.306, and the TPEP Application Guide, which 
collectively detail all required items for a complete application. 
Submitted applications and any accompanying materials become Federal 
records by law and cannot be returned to you.
    Applicants may submit complete applications, until funds are 
expended, containing all parts necessary for the Agency to determine 
applicant and project eligibility, and to score the application in 
order to be considered.
    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. To register in SAM, 
entities will be required to obtain a Unique Entity Identifier (UEI). 
Instructions for obtaining the UEI are available at 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) Applicants must ensure they complete the Financial Assistance 
General Certifications and Representations in SAM.
    (d) Applicants must provide a valid UEI in their application, 
unless determined exempt under 2 CFR 25.110.
    (e) TheAgencywillnot make anaward until the applicant has complied 
with all SAM requirements including providing the UEI. If an applicant 
has not fully complied withthe requirements by the time theAgency is 
ready to make anaward, theAgency may determine that the applicant is 
not qualified to receive aFederalaward and use that determination as a 
basis for making aFederalaward to another applicant.
    4. Submission Dates and Times. Applications for loan guarantees may 
be submitted at any time on an ongoing basis and applications will be 
accepted on a first come first served basis until all funds are 
expended. RBCS 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, applies to this program. 
This E.O. requires that Federal agencies provide opportunities for 
consultation on proposed assistance with State and local governments, 
including, a county, municipality, town, township, village, or other 
unit of general government, including Tribal governments, below the 
State level. Many states have established a Single Point of Contact 
(SPOC) to facilitate this consultation. For a list of States that 
maintain a SPOC, please see the White House website: whitehouse.gov/omb/management/office-federal-financial-management/. If your State has 
a SPOC, you may submit a copy of the application directly for review. 
Any comments obtained through the SPOC must be provided to your State 
Office for consideration as part of your application. If your state has 
not established a SPOC, you may submit your application directly to the 
Agency. Applications from federally recognized Indian Tribes are not 
subject to this requirement.
    6. Funding Restrictions. Applications must be for eligible purposes 
as defined in Section C.3. of this notice and must comply with the 
guaranteed loan fund limitations found in 7 CFR 5001.406(c).
    7. Other Submission Requirements.
    (a) Approved Multi-State Lenders. Lenders will upload all loan 
guarantee applications and servicing requests, regardless of loan 
amount to the OneRD Teams Portal.
    (b) Non-Multi-State Lenders. All other lenders, other than 
designated Multi-State Lenders, will submit applications to the State 
Office electronically. State office contacts can be found at 
www.rd.usda.gov/about-rd/offices/state-offices.

E. Application Review Information

    1. Criteria. All eligible and complete applications will be 
evaluated and scored based on the selection criteria and weights 
contained in this notice and in 7 CFR 5001.318. Failure to address any 
of the application criteria will result in the application being 
determined ineligible, and the application will not be considered for 
funding.
    In addition to the scoring criteria outlined in 7 CFR 5001.318, 
there will be an additional 10 points that may be awarded for projects 
that address wildfire risk reduction or that provide documented 
justification for the following RD key priority categories:
    (a) Assisting rural communities recover economically through more 
and better market opportunities and through improved infrastructure. An 
applicant would receive priority points if the project is located in or 
serving a rural community whose economic well-being ranks in the most 
distressed tier (distress score of 80 or higher) of the Distressed 
Communities Index using the Distressed Communities Look-Up Map 
available at www.rd.usda.gov/priority-points.
    (b) Ensuring all rural residents have equitable access to RD 
programs and benefits from RD funded projects. Using the Social 
Vulnerability Index (SVI) Look-Up Map (available at www.rd.usda.gov/priority-points), an applicant would receive priority points if:
     The project is located in or serving a community with 
score 0.75 or above on the SVI;
     The applicant is a federally recognized Tribe, including 
Tribal instrumentalities and entities that are wholly owned by Tribes; 
or
     Is a project where at least 50 percent of the project 
beneficiaries are members of federally Recognized Tribes and non-Tribal 
applicants include a Tribal Resolution of Consent from the Tribe or 
Tribes (or other documentation of Consent consistent with the laws, 
procedures or practices of a Tribe or Tribes) that the applicant is 
proposing to serve.
     The application is from or benefiting a Rural Partner's 
Networks (RPN) community network. Currently, RPN networks exist in 
Alaska, Arizona, Georgia, Kentucky, Mississippi, Nevada, New Mexico, 
North Carolina, Puerto Rico, West Virginia, and Wisconsin. Use the 
Community Look-up map (available at www.rd.usda.gov/priority-points) to 
determine if your project qualifies for priority points.
    (c) Reducing climate pollution and increasing resilience to the 
impacts of climate change through economic support to rural 
communities. Using the Disadvantaged Community and Energy Community 
Look-Up Map (available at www.rd.usda.gov/priority-points), applicants 
will receive priority in one of the three ways:
     If the project is located in or serves a Disadvantaged 
Community as defined by the Climate and Economic Justice Screening Tool 
(CEJST), from the White House Council on Environmental Quality;
     If the project is located in or serves an Energy Community 
as defined by the Inflation Reduction Act (IRA); and
     If applicants can demonstrate through a written narrative 
how the proposed climate-impact projects will improve the livelihoods 
of community residents and meet pollution mitigation or clean energy 
goals, including benefits calculated using the social cost of carbon 
estimates developed by the Environmental Protection Agency.
    2. Review and Selection Process. The Agency will review each 
complete

[[Page 104975]]

application to make a formal determination as to the eligibility of the 
borrower, lender, project, and guaranteed loan purpose and proposed use 
of funds; whether there is a reasonable assurance of repayment ability; 
whether sufficient collateral and equity exists; and whether the 
proposed guaranteed loan complies with all applicable statutes and 
regulations. The Agency will comply with provisions in 7 CFR 5001.315, 
``Application evaluation and award provisions'', for the review and 
selection process.
    The Agency reserves the right to offer the applicant less than the 
funding requested.

F. Federal Award Administration Information

1. Federal Award Notices

    Application Outcomes. TPEP loans will be processed in accordance 
with 7 CFR part 5001. RBCS reserves the right to make no awards if all 
applications are ineligible, incomplete or do not meet the established 
program objectives and priorities.

2. Administrative and National Policy Requirements

    (a) Build America, Buy America (BABA). 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 (BABA) within the Infrastructure 
Investment and Jobs Act (Pub. L. 117-58), and its implementing 
regulations at 2 CFR part 184. Any requests for waiver of these 
requirements must be submitted pursuant to USDA's guidance available 
online at www.usda.gov/ocfo/federal-financial-assistance-policy/USDABuyAmericaWaiver.
    (b) Geospatial Data. Awardee, and any and all contracts entered 
into by the Awardee with respect to the Award, shall ensure that 
geospatial data required to be collected and provided to the agency, 
conforms with the requirements of USDA Department Regulation DR-3465-
001 and the Geospatial Metadata Standards set forth in DM 3465-001, 
which can be obtained online at usda.gov/directives/dr-3465-001 and 
usda.gov/directives/dm-3465-001.
    (c) Exception authority. The Administrator may, on a case-by-case 
basis grant an exception to any requirement or provision of this 
notice, provided that such an exception is in the best financial 
interests of the Federal Government. Exercise of this authority cannot 
be in conflict with applicable law.
    (d) Appeals. The provisions of 7 CFR 5001.5 will apply to appeals 
under this notice. Funding of successfully appealed applications will 
be limited to available funding.
    (e) General lender responsibilities. The provisions of 7 CFR 5001.6 
will apply to general lender responsibilities under this notice.
    (f) Approvals, regulations, and forms. The provisions of 7 CFR 
5001.8 will apply to approvals, regulations and forms under this 
notice.
    (g) Eligible lenders. To become a lender under this notice, the 
lending entity must meet the requirements specified in 7 CFR 5001.130, 
``Lender eligibility requirements.'' Lenders approved by the Agency as 
an eligible lender under 7 CFR 5001.130 and that are in compliance with 
7 CFR 5001.132 ``Maintenance of approved lender status'' and the 
requirements of this notice, are eligible lenders under this notice. 
Lenders must continue to comply with the requirements of 7 CFR 
5001.132.
    (h) Lender's agreement. Agency approval of the lender will be 
evidenced by an outstanding lender's agreement, between the Agency and 
the lender as referenced in 7 CFR 5001.131. When approved to 
participate as a lender under this notice, the lender must execute a 
lender's agreement before the Agency will issue a loan note guarantee.
    (i) Access to records. The lender must permit representatives of 
the Agency (or other agencies of the United States) to inspect and make 
copies of any records of the lender pertaining to Agency guaranteed 
loans during regular office hours of the lender or at any other time 
upon agreement between the lender and the Agency. In addition, the 
lender must cooperate fully with Agency oversight and monitoring of all 
lenders involved in any manner with any guarantee to ensure compliance 
with this notice. Such oversight and monitoring will include, but is 
not limited to, reviewing lender records and meeting with lenders.
    (j) Guarantee provisions. The provisions of 7 CFR 5001.450 will 
apply to guarantees provided under this notice.
    (k) Participation or assignment of guaranteed loan. The provisions 
of 7 CFR 5001.408 will apply to guarantees provided under this notice.
    (l) Repurchase from holder. The provisions of 7 CFR 5001.511 will 
apply to guarantees provided under this notice.

3. Reporting

    The provisions of 7 CFR 5001.502 Oversight and Monitoring and the 
provisions of 7 CFR 5001.504 Financial Reports will apply to guarantees 
provided under this notice.

G. Federal Awarding Agency Contact(s)

    For general questions about this announcement, please contact Shaun 
Stehr at [email protected] or 202-594-6454. Program website also provide up 
to date contact information at rd.usda.gov/onerdguarantee.

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 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 0572-0155.
    2. National Environmental Policy Act. All recipients under this 
notice are subject to the requirements of 7 CFR part 1970.
    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.
    4. Civil Rights Impact Analysis. RD has reviewed this notice in 
accordance with USDA Regulation 4300-4, Civil Rights Impact Analysis,'' 
to identify any major civil rights impacts the notice might have on 
program participants on the basis of age, race, color, national origin, 
sex, disability, gender identity (including gender expression), genetic 
information, political beliefs, sexual orientation, marital status, 
familial status, parental status, veteran status, religion, reprisal 
and/or resulting from all or a part of an individual's income being 
derived from any public assistance program. This notice is within a 
Guarantee-based program. Guarantees are not covered under title VI of 
the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 
1973, and title IX of the Education Amendments Act of 1972, as amended, 
when the Federal assistance does not include insurance or interest 
credit loans. Lenders must comply with other applicable Federal laws, 
including Equal Employment Opportunities, the Equal Credit Opportunity 
Act, the Fair

[[Page 104976]]

Housing Act, and the Civil Rights Act of 1964. Guaranteed loans that 
involve the construction of or addition to facilities must comply with 
the Architectural Barriers Act Accessibility Standard. The borrower and 
lender are responsible for ensuring compliance with these requirements.
    5. Equal Opportunity for Religious Organizations.
    (a) Faith-based organizations may apply for this award on the same 
basis as any other organization, as set forth at, and subject to the 
protections and requirements of, this part and any applicable 
constitutional and statutory requirements, including 42 U.S.C. 2000bb 
et seq. USDA will not, in the selection of recipients, discriminate for 
or against an organization on the basis of the organization's religious 
character, motives, or affiliation, or lack thereof, or on the basis of 
conduct that would not be considered grounds to favor or disfavor a 
similarly situated secular organization.
    (b) A faith-based organization that participates in this program 
will retain its independence from the Government and may continue to 
carry out its mission consistent with religious freedom and conscience 
protections in Federal law. Religious accommodations may also be sought 
under many of these religious freedom and conscience protection laws.
    (c) A faith-based organization may not use direct Federal financial 
assistance from USDA to support or engage in any explicitly religious 
activities except when consistent with the Establishment Clause of the 
First Amendment and any other applicable requirements. An organization 
receiving Federal financial assistance also may not, in providing 
services funded by USDA, or in their outreach activities related to 
such services, discriminate against a program beneficiary or 
prospective program beneficiary on the basis of religion, a religious 
belief, a refusal to hold a religious belief, or a refusal to attend or 
participate in a religious practice.
    6. Nondiscrimination Statement. In accordance with Federal civil 
rights laws and U.S. Department of Agriculture (USDA) civil rights 
regulations and policies, the USDA, its Mission Areas, agencies, staff 
offices, employees, and institutions participating in or administering 
USDA programs are prohibited from discriminating based on race, color, 
national origin, religion, sex, gender identity (including gender 
expression), sexual orientation, disability, age, marital status, 
family/parental status, income derived from a public assistance 
program, political beliefs, or reprisal or retaliation for prior civil 
rights activity, in any program or activity conducted or funded by USDA 
(not all bases apply to all programs). Remedies and complaint filing 
deadlines vary by program or incident.
    Program information may be made available in languages other than 
English. Persons with disabilities who require alternative means of 
communication to obtain program information (e.g., Braille, large 
print, audiotape, American Sign Language) should contact the 
responsible Mission Area, agency, or staff office; 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 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.

Kathryn E. Dirksen Londrigan,
Rural Business-Cooperative Service, USDA Rural Development.
[FR Doc. 2024-30651 Filed 12-23-24; 8:45 am]
BILLING CODE 3410-15-P