[Federal Register Volume 88, Number 177 (Thursday, September 14, 2023)]
[Notices]
[Pages 63050-63053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19927]


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Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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Federal Register / Vol. 88, No. 177 / Thursday, September 14, 2023 / 
Notices

[[Page 63050]]



DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service

[Docket #: RBS-23-BUSINESS-0011]


Notice of Solicitation of Applications for the Intermediary 
Relending 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), an 
agency of the United States Department of Agriculture (USDA), invites 
applications under the Intermediary Relending Program (IRP) for fiscal 
year (FY) 2024, subject to availability of funding. This Notice is 
being issued prior to passage of a FY 2024 Consolidated Appropriations 
Act in order to allow applicants enough time to leverage financing, 
prepare and submit their applications, and give the Agency time to 
process program applications within FY 2024. Based on FY 2023 
appropriated funding, the Agency estimates that approximately 
$18,889,000 will be available for FY 2024. Successful applications will 
be selected by the Agency for funding and subsequently awarded to the 
extent that funding may ultimately be made available through 
appropriations. The Agency advises that all interested parties bear the 
financial burden of preparing and submitting an application in response 
to this Notice whether or not funding is appropriated for this program 
in FY 2024.

DATES: The deadlines for completed applications to be received in the 
USDA Rural Development (RD) State Office for quarterly funding 
competitions is no later than 4:30 p.m. (local time) on: First 
Quarter--September 30, 2023, Second Quarter--December 31, 2023, Third 
Quarter--March 31, 2024, and Fourth Quarter--June 30, 2024.

ADDRESSES: Applications must be submitted to the USDA RD State Office 
for the state where the applicant is located. Applications may be 
submitted in paper or electronic format to the appropriate RD State 
Office and must be received by 4:30 p.m. local time on the deadline 
date(s) to compete for available funds in the fiscal quarter. 
Applicants are encouraged to contact their respective RD State Office 
for an email contact to submit an electronic application prior to the 
submission deadline date(s). A list of the USDA RD State Office 
contacts can be found at: https://www.rd.usda.gov/about-rd/state-offices.

FOR FURTHER INFORMATION CONTACT: Lori Pittman, Program Management 
Division, Business Programs, Rural Business-Cooperative Service, U.S. 
Department of Agriculture, 1400 Independence Avenue SW, MS 3226, Room 
5160-S, Washington, DC 20250-3226, <a href="/cdn-cgi/l/email-protection#076b68756e29776e73736a666936477274636629606871"><span class="__cf_email__" data-cfemail="deb2b1acb7f0aeb7aaaab3bfb0ef9eabadbabff0b9b1a8">[email protected]</span></a>, or call 
(202) 720-9815. For further information on this Notice, please contact 
the USDA RD State Office in the State in which the applicant's 
headquarters is located. A list of RD State Office contacts is provided 
at the following link: https://www.rd.usda.gov/about-rd/state-offices.

SUPPLEMENTARY INFORMATION: 

Overview

    Federal Awarding Agency Name: Rural Business-Cooperative Service.
    Funding Opportunity Title: Intermediary Relending Program.
    Announcement Type: Notice of Solicitation of Application (NOSA).
    Assistance Listing Number: 10.767.
    Dates: The deadlines for completed applications to be received in 
the USDA RD State Office for quarterly funding competitions is no later 
than 4:30 p.m. (local time) on: First Quarter--September 30, 2023, 
Second Quarter--December 31, 2023, Third Quarter--March 31, 2024, and 
Fourth Quarter--June 30, 2024.
    Rural Development 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):
    <bullet> Addressing Climate Change and Environmental Justice. 
Reducing climate pollution and increasing resilience to the impacts of 
climate change through economic support to rural communities;
    <bullet> Advancing Racial Justice, Place-Based Equity, and 
Opportunity. Ensuring all rural residents have equitable access to 
Rural Development (RD) programs and benefits from RD funded projects; 
and
    <bullet> 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. This program provides low-interest loans 
to local lenders--``intermediaries''--who then relend to businesses to 
help improve economic conditions and create jobs in rural communities. 
This purpose is achieved through the loans made to intermediaries that 
establish a revolving loan fund for the purpose of providing loans to 
ultimate recipients to promote community development, establish new 
businesses, establish and support microlending programs, and create or 
retain employment opportunities in rural areas. All applicable program 
requirements in their entirety can be found at 7 CFR part 4274, subpart 
D.
    2. Statutory and Regulatory Authority. This program is authorized 
under section 310H of the Consolidated Farm and Rural Development Act 
(7 U.S.C. 1936b) and is administered through regulations at 7 CFR part 
4274, subpart D.
    The Consolidated Appropriations Act, 2023, authorized set-aside 
funding to projects and intermediaries serving Federally Recognized 
Native American Tribes, and for Mississippi Delta Region Counties (as 
determined in accordance with Pub. L. 100-460). Eligible applicants for 
the set-aside funds, assuming that similar set-aside funds are 
appropriated for fiscal year 2024, must demonstrate that at least 75 
percent of the benefits of an approved loan in this program will assist 
ultimate recipients in the designated areas. Applications for any set-
aside funds must be submitted to the RD State Office where the project 
is located by 4:30 p.m. (local time) on the following deadline dates. 
The deadline to submit completed applications for Federally Recognized 
Tribes and Mississippi Delta Region Counties' projects is May 31, 2024. 
It is possible that funds may also be appropriated by Congress for 
projects

[[Page 63051]]

located in Rural Empowerment Zone/Enterprise Communities/Rural Economic 
Area Partnership areas. Completed applications for these projects, 
subject to available funding, must be submitted by July 15, 2024.
    3. Definitions. The definitions applicable to this notice are 
published at 7 CFR 4274.302.
    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 4274.340 and as indicated in this Notice. 
Awards under the IRP will be made on a competitive basis using specific 
selection criteria contained in 7 CFR 4274.341(b). 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 of whether or not funding is appropriated for the IRP in FY 
2024.

B. Federal Award Information

    Type of Award: Loan.
    Fiscal Year Funds: FY 2024.
    Available Funds: Funding for the IRP program in FY 2024 will be 
determined in an Appropriations Act for FY 2024.
    Award Amounts: The Agency anticipates a maximum award of $1 million 
for eligible Intermediaries submitting a loan request.
Anticipated Award Dates
    (a) Regular Funding: First Quarter--December 1, 2023, Second 
Quarter--March 1, 2024, Third Quarter--June 1, 2024, Fourth Quarter--
September 1, 2024.
    (b) Federally Recognized Tribes and Mississippi Delta Region 
Counties Funding: June 15, 2024.
    (c) Empowerment Zones/Enterprise Communities/Rural Economic Area 
Partnership Funding: August 1, 2024.
    Performance Period: None.
    Renewal or Supplemental Awards: None.
    Type of Assistance Instrument: Direct Loan.

C. Eligibility Information

    1. Eligible Applicants. IRP loans may be made to a private non-
profit corporation, a public agency, an Indian Tribe, or a cooperative 
entity, identified as an eligible intermediary in accordance with 7 CFR 
4274.310.
    2. Cost Share or Matching. The IRP revolving fund share of the 
eligible project cost of an ultimate recipient's project funded under 
this Notice shall not exceed the lesser of (a) $400,000; and (b) Fifty 
percent of the originally-approved Agency IRP loan amount to an 
intermediary. No more than 75 percent of the total cost of an ultimate 
recipient's project can be funded from Agency IRP loan funds. Points 
awarded for leveraging will be considered in accordance with the 
requirements specified in 7 CFR 4274.341(b)(4).
    3. Other. Applications will only be accepted from eligible 
intermediaries that will establish, or have established, revolving loan 
programs for the purpose of providing loans to ultimate recipients for 
business purposes and community development in a rural area.
    There are no ``responsiveness'' or ``threshold'' eligibility 
criteria for these loans. However, not more than one loan will be 
approved by the Agency for an intermediary in any single fiscal year 
unless the additional request is from this program's set-aside funding.
    Applications will not be considered for funding if they do not 
provide enough information to determine eligibility, are not suitable 
for evaluation, or are missing required elements as stated in 7 CFR 
4274.340.

D. Application and Submission Information

    1. Address to Request Application Package. For further information, 
entities wishing to apply for assistance should contact the USDA RD 
State Office where they are located, provided in the ADDRESSES section 
of this notice, to obtain copies of the application package. Applicants 
are also encouraged to contact their respective RD State Office for an 
email contact to submit an electronic application prior to the 
submission deadline date(s). Please note that applicants may locate the 
downloadable application package for this program by the Assistance 
Listing Number provided in the Overview Section above.
    2. Content and Form of Application Submission. An application must 
contain all the required elements described in 7 CFR 4274.340, and each 
selection priority criterion outlined in 7 CFR 4274.341(b) must be 
addressed in the application. An original copy of the application must 
be filed with a RD State Office for the state where the Intermediary is 
located.
    The applicant documentation and forms needed for a complete 
application are located in 7 CFR 4274.340. There are no specific 
formats or limitations on the number of pages required for an 
application narrative, and applicants may request any Agency forms and 
addresses from the ADDRESSES section of this notice. Any form that 
requires an original signature, but is signed electronically in the 
application submission, must be signed in ink by the authorized person 
prior to the disbursement of funds.
    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. In order 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) Each applicant must ensure that it completes the Financial 
Assistance General Certifications and Representations in SAM.
    (d) Each applicant 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. Applications, including applications 
for set-aside funding, must be received by the specified USDA RD State 
Office by the dates and times as indicated above to compete for 
available funds. If the due date falls on a Saturday, Sunday or federal 
holiday, the application is due the next business day. The Agency will 
determine the application receipt date based on the actual date an 
application is received electronically, in person, or when a paper 
application is postmarked. The Agency will not solicit or consider new 
scoring or eligibility information that is submitted after the 
application deadline. 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

[[Page 63052]]

local governments. 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: https://www.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. Indian Tribes are exempt from 
this requirement.
    6. Funding Restrictions. The intent of the IRP is identified above 
in section A.1 of this notice. There are no funding restrictions beyond 
that the loan proceeds be used for eligible type purposes stated in 7 
CFR 4274.320. Building construction is an eligible use of funds under 
the program and all projects must be located in a rural area of a 
State. Any administrative costs must be approved annually by the 
Agency.
    7. Other Submission Requirements. Please note that applicants may 
locate the downloadable application package for this program by the 
Assistance Listing Number provided in the Application and Submission 
Information, Content and Form of Application Submission Section above.

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 7 CFR 4274.341(b) and in this section of the Notice. 
Failure to address any of the application criteria by the application 
deadline will result in the application being determined ineligible, 
and the application will not be considered for funding.
    (a) Discretionary Points. The Administrator may assign up to 10 
discretionary points to an application when under their approval 
authority. Permissible justifications in accordance with 7 CFR 
4274.341(b)(10) are geographic distribution of funds or special 
President/Secretary of Agriculture initiatives such as local foods, 
regional development, persistent poverty, energy-related, etc. The 
number of points to be awarded will be awarded for either or both 
items. Secretary of Agriculture initiatives include:
    (1) Assisting rural communities recover economically through more 
and better market opportunities and through improved infrastructure. 
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 https://www.rd.usda.gov/priority-points.
    (2) 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 https://www.rd.usda.gov/priority-points), an applicant would receive priority 
points if the project is:
    <bullet> Located in or serving a community with score 0.75 or above 
on the SVI;
    <bullet> Is a Federally recognized tribe, including Tribal 
instrumentalities and entities that are wholly owned by Tribes; or
    <bullet> 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 that the applicant is proposing to serve.
    (3) 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 https://www.rd.usda.gov/priority-points), 
applicants will receive priority in two ways:
    <bullet> 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 (CEQ), 
or
    <bullet> If the project is located in or serves an Energy Community 
as defined by the Inflation Reduction Act (IRA).
    See the website, https://www.rd.usda.gov/priority-points, for 
options.
    2. Review and Selection Process. The RD State Office will review 
applications to determine if they are eligible for assistance based on 
the requirements contained in 7 CFR part 4274, subpart D. If determined 
eligible, the application will be submitted to the National Office for 
funding competition with all eligible applications received by the 
quarterly application deadline or the deadline indicated for set-aside 
funding. The Agency Administrator reserves the right to award up to 10 
discretionary points as identified under 7 CFR 4274.341(b)(10).
    In order to distribute funds among the greatest number of projects 
possible during the respective funding periods, applications will be 
reviewed, organized and ranked in order from highest to lowest and 
funded up to the maximum funding available during each quarterly 
funding cycle in FY 24.

F. Federal Award Administration Information

    1. Federal Award Notices. Successful applicants will receive 
notification for funding from the USDA RD State Office. Applicants must 
comply with all applicable statutes and regulations before the loan 
award will be obligated. An eligible application competing for regular 
IRP funds, but not selected, will be reconsidered in the three 
subsequent quarterly funding competitions, for a total of four 
competitions (and may be considered in a following fiscal year), 
provided the application and eligibility requirements have not changed. 
After competing in four consecutive quarterly competitions, any 
unsuccessful application for regular funds will receive written 
notification indicating that its application will no longer be 
considered for funding. Applicants competing for set-aside funding have 
only one application period per fiscal year to apply for set-aside 
funding. Unsuccessful applications for set-aside funding will receive 
written notification indicating that their application was not 
successful. An applicant with an unsuccessful application for set-aside 
funding may elect, in writing, to submit its project for IRP regular 
fund competitions commencing with the next quarterly application 
period.
    2. Administrative and National Policy Requirements. Additional 
requirements that apply to intermediaries selected for this Program can 
be found in 7 CFR part 4274, subpart D. All successful applicants will 
be notified by letter which will include a Letter of Conditions, and a 
Letter of Intent to Meet Conditions, which are not approval 
determinations. The loan will be considered approved when all 
conditions in the Letter of Conditions have been met and the Agency 
obligates the funding for the project.
    3. Reporting. In addition, all recipients of Federal financial 
assistance are required to report information about first-tier sub-
awards and executive compensation (see 2 CFR part 170). You will be 
required to have the necessary processes and systems in place to comply 
with the Federal Funding Accountability and Transparency Act of 2006 
(Pub. L. 109-282) reporting requirements (see 2 CFR 170.200(b), unless 
you are exempt under 2 CFR 170.110(b)).
    Intermediaries must collect and maintain data provided by Ultimate

[[Page 63053]]

Recipients on race, sex, and national origin and also ensure that 
Ultimate Recipients collect and maintain this data. Race and ethnicity 
data will be collected in accordance with the Office of Management and 
Budget (OMB) Federal Register notice, ``Revisions to the Standards for 
the Classification of Federal Data on Race and Ethnicity'' (62 FR 
58782), October 30, 1997. Sex data will be collected in accordance with 
Title IX of the Education Amendments of 1972. These items should not be 
submitted with the application but should be made available upon 
request by the Agency.
    The applicant and the Ultimate Recipients must comply with title VI 
of the Civil Rights Act of 1964, title IX of the Education Amendments 
of 1972, the Americans with Disabilities Act (ADA), section 504 of the 
Rehabilitation Act of 1973, the Age Discrimination Act of 1975, 
Executive Order 12250, Executive Order 13166 Limited English 
Proficiency (LEP), and 7 CFR part 1901, subpart E.

G. Federal Awarding Agency Contact(s)

    For general questions about this notice see the point of contact 
provided in the FOR FURTHER INFORMATION CONTACT section of this notice.

H. Build America, Buy America Act

    Funding to Non-Federal Entities. Awardees that are Non-Federal 
Entities, defined pursuant to 2 CFR 200.1 as any State, local 
government, Indian Tribe, Institution of Higher Education, or nonprofit 
organization, shall be governed by the requirements of section 70914 of 
the Build America, Buy America Act (BABAA) within the Infrastructure 
Investment and Jobs Act (Pub. L. 117-58). Any requests for waiver of 
these requirements must be submitted pursuant to USDA's guidance 
available online at https://www.usda.gov/ocfo/federal-financial-assistance-policy/USDABuyAmericaWaiver.

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 Office of Management and Budget 
(OMB) under OMB Control Number 0570-0021.
    2. National Environmental Policy Act: All recipients under this 
Notice are subject to the requirements of 7 CFR part 1970 and must 
comply in accordance with 7 CFR 4274.305(b).
    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 Act. All loans made under this notice are subject 
to title VI of the Civil Rights Act of 1964 as required by 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 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: <a href="/cdn-cgi/l/email-protection#3c4c4e535b4e5d51125552485d57597c494f585d125b534a"><span class="__cf_email__" data-cfemail="e9999b868e9b8884c780879d88828ca99c9a8d88c78e869f">[email protected]</span></a>.
    USDA is an equal opportunity provider, employer, and lender.

Karama Neal,
Administrator, Rural Business-Cooperative Service. USDA Rural 
Development.
[FR Doc. 2023-19927 Filed 9-13-23; 8:45 am]
BILLING CODE 3410-XY-P


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