[Federal Register Volume 83, Number 177 (Wednesday, September 12, 2018)]
[Notices]
[Pages 46137-46141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19784]


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DEPARTMENT OF AGRICULTURE

Rural Utilities Service


Announcement of Disaster Assistance Grant Application Deadlines 
and Funding Levels

AGENCY: Rural Utilities Service, USDA.

ACTION: Notice of funds availability.

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SUMMARY: As part of the Bipartisan Budget Act of 2018, Public Law 115-
123, dated February 9, 2018, the Rural Utilities Service's Water and 
Environmental Programs (WEP) received $165,475,000 in supplemental 
grant funding of which $163,475,000 is available for repairs to 
drinking water systems and sewer and solid waste disposal systems 
impacted by Hurricanes Harvey, Irma, and Maria. States impacted 
include: Florida, Georgia, South Carolina, Texas, and the territories 
of Puerto Rico and Virgin Islands.

DATES: Unless otherwise specified in this Notice, applications will be 
accepted on a continual basis until funds are exhausted.

ADDRESSES: Entities wishing to apply for assistance, or that are in 
need of further information, should contact the USDA Rural Development 
State Office in the State where the project is located. A list of the 
USDA Rural Development State Offices addresses and telephone numbers is 
as follows:

    Note: Telephone numbers are not toll-free.

Florida/Virgin Islands

USDA Rural Development State Office, 4440 NW 25th Place, P.O. Box 
147010, Gainesville, FL 32614-7010, (352) 338-3400/TDD (352) 338-
3499.

Georgia

USDA Rural Development State Office, Stephens Federal Building, 355 
E Hancock Avenue, Athens, GA 30601-2768, (706) 546-2162/TDD (706) 
546-2034.

South Carolina

USDA Rural Development State Office, Strom Thurmond Federal 
Building, 1835 Assembly Street, Room 1007, Columbia, SC 29201, (803) 
765-5163/TDD (803) 765-5697.

Texas

USDA Rural Development State Office, Federal Building, Suite 102, 
101 South Main, Temple, TX 76501, (254) 742-9700/TDD (254) 742-9712.

Puerto Rico

USDA Rural Development State Office, IBM Building, Suite 601, 654 
Munos Rivera Avenue, San Juan, PR 00918-6106, (787) 766-5095/TDD 
(787) 766-5332.

FOR FURTHER INFORMATION CONTACT: 
    Main point of contact: Derek Jones, Community Programs Specialist, 
Water and Environmental Programs, Rural Utilities Service, Rural 
Development, U.S. Department of Agriculture.
    Phone: (202) 720-9640.
    Fax: (202) 690-0649.
    Email: <a href="/cdn-cgi/l/email-protection#0367667166682d696c6d6670437467602d767067622d646c75"><span class="__cf_email__" data-cfemail="c1a5a4b3a4aaefabaeafa4b281b6a5a2efb4b2a5a0efa6aeb7">[email protected]</span></a>

SUPPLEMENTARY INFORMATION: 

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995, the 
information collection requirements associated with the Program, as 
covered in this Notice, have been approved by the Office of Management 
Budget (OMB) under OMB Control Number 0572-0121.

[[Page 46138]]

Overview

    Federal Agency Name: Rural Utilities Service (``RUS,'' an Agency of 
USDA in the Rural Development mission area).
    Solicitation Opportunity Title: Announcement of Disaster Assistance 
Grant Application Deadlines and Funding Levels.
    Announcement Type: Notice of Funds Availability.
    Catalog of Federal Domestic Assistance (CFDA) Number: The CFDA 
number for this Notice is 10.760.
    Dates: Unless otherwise specified in this Notice, applications will 
be accepted on a continual basis until funds are exhausted.

A. Program Description

    This program is designed to provide supplemental grant funding for 
repairs to drinking water systems and sewer and solid waste disposal 
systems impacted by Hurricanes Harvey, Irma, and Maria in the states of 
Florida, Georgia, South Carolina, Texas, and the territories of Puerto 
Rico and Virgin Islands.
    Details on eligible applicants and projects may be found in the 
relevant regulations listed in Section B, Eligibility Information 
below.
    The applicable Statutory or Regulatory authority for this action 
includes:
    <bullet> Bipartisan Budget Act of 2018, Public Law 115-123, Rural 
Utilities Service Rural Water and Waste Disposal Program Account.
    <bullet> 2 CFR parts 200 and 400, uniform Federal grant awards 
regulations.

B. Federal Award Description--Disaster Assistance Grants

    The Bipartisan Budget Act of 2018, Public Law 115-123, dated 
February 9, 2018, enables USDA Rural Development to provide: WEP 
$165,475,000 in supplemental grant funding of which $163,475,000 is 
available for repairs to drinking water systems and sewer and solid 
waste disposal systems impacted by Hurricanes Harvey, Irma, and Maria 
in the states of Florida, Georgia, South Carolina, Texas, and the 
territories of Puerto Rico and Virgin Islands.

C. Eligibility Information

    1. Applicant eligibility. An eligible Applicant must:
    (i) Be either a Public Body, a Nonprofit Corporation, or an Indian 
tribe.
    (ii) Be eligible to receive a Federal loan or grant under Federal 
law.
    (iii) Certify in writing, and the Agency shall determine and 
document, that (1) the Applicant is unable to finance the proposed 
project from their own resources or through commercial credit at 
reasonable rates and terms, or as applicable, (2) the applicant made 
repairs by utilizing their own resources or by obtaining commercial 
credit and as a result is experiencing financial hardship that is 
impacting its operations and its customers.
    (iv) Have the legal authority necessary for owning, constructing, 
operating, and maintaining the facility or service to be repaired or 
replaced and for obtaining security for the proposed grant. The 
Applicant shall be responsible for operating, maintaining, and managing 
the facility, and providing for its continued availability and use at 
reasonable user rates and charges. The Applicant shall retain this 
responsibility even though the facility may be operated, maintained, or 
managed by a third party under contract or management agreement. 
Applicants must submit evidence of legal authority before grant 
approval/obligation
    (v) Demonstrate that they possess the technical, managerial, and 
financial capability necessary to consistently comply with pertinent 
Federal and State laws and requirements.
    (vi) Be current on the repayment of all debts at the time they are 
due.
    2. Eligible facilities. An eligible facility must serve a rural 
area. The term rural or rural area means a city, town, or 
unincorporated area that has a population of no more than 50,000 in 
habitants. Projects funded by the Agency may be located in non-rural 
areas. However, grant funds may be used to repair only that portion of 
the facility serving and benefiting rural areas, regardless of project 
location, that has a population up to 50,000.
    3. State nonmetropolitan median household income (MHI) according to 
the American Community Survey (ACS) five-year data (2006-2010). An 
income survey may also be conducted to determine rural area income if 
the ACS sample size is insufficient and/or does not accurately 
represent the city or town's median household income. If the MHI of the 
population being served is less than the poverty or 80% of State Non-
metro median household grant, then the project may qualify for up to 
100% grant. If MHI is between 80% SNMHI and 100%, then the project may 
qualify for up to 75% grant. If SNMHI is over 100%, then the project is 
limited to 45% grant. If the project does not qualify for 100% grant, 
then the system may supplement the funding from applicant contribution 
and/or other funding sources. Median household income is according to 
the American Community Survey (ACS) five-year data (2006-2010).
    4. Eligible grant purposes. Grant funds may only be used to repair 
damages to drinking water systems or sewer and solid waste disposal 
systems caused by Hurricanes Harvey, Irma, or Maria. If repairs to a 
system are not economically feasible or cost-effective due to the 
extent of the damage caused by a hurricane, WEP will consider 
replacement (as opposed to repair) on a case-by-case basis.
    For such repairs and replacements already made to restore service, 
grants may be awarded to reimburse applicants for expenses incurred by 
the applicant. These expenses must have been incurred within two years 
from the date of the covered hurricane. Reimbursement must be justified 
by a clear demonstration of financial hardship to the system or its 
customers due to the use of its own funds or commercial credit to make 
such repairs or replacement. There shall be no reimbursement for 
repairs or replacements made or financed through the use of other 
Federal funds such as Federal Emergency Management Agency, 
Environmental Protection Agency, or other Federal source of assistance 
used for repairs or replacement, or through insurance proceeds

D. Application and Submission Information

    1. Address to Request Application Package. The packages will be 
submitted to the USDA Rural Development State Office in the State where 
the project is located as listed in the ADDRESSES section of this 
Notice. Applicants can also apply through RUS' website for online 
applications, RDApply. The RDApply website link is as follows: https://rdapply.usda.gov.
    2. Content and Form of Application Submission. Applicants will be 
required to submit the following items to the processing office, upon 
notification from the processing office to proceed with further 
development of the full application. The forms below are available on 
the RD website: (https://forms.sc.egov.usda.gov/eForms/welcomeAction.do?Home):
    i. Form RD 442-7, ``Operating Budget'' or similar form.
    ii. Form RD 1910-11, ``Application Certification, Federal 
Collection Policies for Consumer or Commercial Debts;''
    iii. Form RD 400-1, ``Equal Opportunity Agreement;''
    iv. Form RD 400-4, ``Assurance Agreement;''
    v. Form AD-1047, ``Certification Regarding Debarment, Suspension 
and other Responsibility Matters;''

[[Page 46139]]

    vii. Form AD-1049, ``Certification regarding Drug-Free Workplace 
Requirements (Grants) Alternative I For Grantees Other Than 
Individuals;''
    viii. Certifications for Contracts, Grants, and Loans (Regarding 
Lobbying); and
    ix. Certification regarding prohibited tying arrangements. 
Applicants that provide electric service must provide the Agency a 
certification that they will not require users of a water or waste 
facility financed under this Notice to accept electric service as a 
condition of receiving water assistance.
    3. Dun and Bradstreet Universal Systems (DUNS) Number and System 
for Award Management (SAM). Dun and Bradstreet Data Universal Numbering 
System (DUNS) and System for Awards Management (SAM) Grant applicants 
must obtain a Dun and Bradstreet Data Universal Numbering System (DUNS) 
number and register in the System for Award Management (SAM) prior to 
submitting an application pursuant to 2 CFR 25.200(b). In addition, an 
entity applicant must maintain registration in SAM at all times during 
which it has an active Federal award or an application or plan under 
consideration by the Agency. Similarly, all recipients of Federal 
financial assistance are required to report information about first-
tier subawards and executive compensation in accordance to 2 CFR part 
170. So long as an entity applicant does not have an exception under 2 
CFR 170.110(b), the applicant must have the necessary processes and 
systems in place to comply with the reporting requirements should the 
applicant receive funding. See 2 CFR 170.200(b). An applicant, unless 
excepted under 2 CFR 25.110(b), (c), or (d), is required to:
    i. Be registered in SAM before submitting its application;
    ii. Provide a valid DUNS number in its application; and
    iii. Continue to maintain an active SAM registration with current 
information at all times during which it has an active Federal award or 
an application or plan under consideration by a Federal awarding 
agency.
    The Federal awarding agency may not make a federal award to an 
applicant until the applicant has complied with all applicable DUNS and 
SAM requirements and, if an applicant has not fully complied with the 
requirements by the time the Federal awarding agency is ready to make a 
Federal award, the Federal awarding 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. As required by the Office of Management and Budget (OMB), 
all grant applications must provide a DUNS number when applying for 
Federal grants, on or after October 1, 2003. Organizations can receive 
a DUNS number at no cost by calling the dedicated toll-free number at 
1-866-705-5711 or via internet at http://fedgov.dnb.com/webform. 
Additional information concerning this requirement can be obtained on 
the Grants.gov website at http://www.grants.gov. Similarly, applicants 
may register for SAM at https://www.sam.gov or by calling 1-866-606-
8220. The applicant must provide documentation that they are registered 
in SAM and their DUNS number. If the applicant does not provide 
documentation that they are registered in SAM and their DUNS number, 
the application will not be considered for funding.
    You will need the following information when requesting a DUNS 
number:
    i. Legal Name of the Applicant;
    ii. Headquarters name and address of the Applicant;
    iii. The names under which the Applicant is doing business as (dba) 
or other name by which the organization is commonly recognized;
    iv. Physical address of the Applicant;
    v. Mailing address (if separate from headquarters and/or physical 
address) of the Applicant;
    vi. Telephone number;
    vii. Contact name and title; and
    viii. Number of employees at the physical location.
    4. Submission Dates and Times. Unless otherwise specified in this 
Notice, applications will be accepted on a rolling basis until funds 
are exhausted.
    5. Intergovernmental Review. The following program is subject to 
the provisions of Executive Order 12372 which requires 
intergovernmental consultation with State and local officials, pursuant 
to 2 CFR part 415, subpart C, as a covered program.
    6. Funding Restrictions. Grant funds may not be used to finance:
    i. Repairs or replacement of facilities not directly impacted by 
Hurricanes Harvey, Irma, or Maria;
    ii. Facilities which are not modest in size, design, and cost;
    iii. Grant finder's fees;
    iv. Any portion of the cost of a facility which does not serve a 
rural area as defined in this Notice;
    v. That portion of project costs normally provided by a business or 
industrial user, such as wastewater pretreatment;
    vi. Rental for the use of equipment or machinery owned by the 
applicant; or
    vii. Other purposes not directly related to operating and 
maintenance of the facility being repaired or replaced.

E. Application Review Information

    Within 15 days of receiving your application, RUS will send you a 
letter of acknowledgment. Your application will be reviewed for 
completeness to determine if you included all of the items required. If 
your application is incomplete or ineligible, RUS will return it to you 
with an explanation. Applicants may resubmit applications deemed 
incomplete or ineligible after revising them in accordance with RUS 
explanation.
    1. Criteria. In the event demand for funding is greater than the 
amount of funds available, a priority ranking scoring system will be 
used to determine which projects are funded. When ranking eligible 
applications for consideration for limited funds, Agency officials will 
consider the priority items met by each application and the degree to 
which those priorities are met. Points will be awarded as indicated 
below. This is a new grant program. Some guidelines historically 
utilized in other grant programs informed the development of the point 
system.

------------------------------------------------------------------------
                       Priorities                             Points
------------------------------------------------------------------------
i. Population: The proposed project will serve an area
 with a rural population:
    a. Not in excess of 1,500...........................              30
    b. More than 1,500 and not in excess of 3,000.......              20
    c. More than 3,000 and not in excess of 5,000.......              15
    d. Over 5,000.......................................               0
ii. Income: The median household income of population to
 be served by the proposed project is:
    a. Not in excess of 70 percent of the statewide                   30
     nonmetropolitan median household income............
    b. More than 70 percent and not in excess of 80                   20
     percent of the statewide nonmetropolitan median
     household income...................................
    c. More than 80 percent and not in excess of 90                   10
     percent of the statewide nonmetropolitan median
     household income...................................

[[Page 46140]]

 
    d. More than 90 percent of the statewide                           0
     nonmetropolitan Median household income
iii. Health Priorities:
    a. Needed to alleviate an emergency situation,                    25
     correct unanticipated diminution in quantity or
     deterioration in quality of a water supply, or to
     meet Safe Drinking Water Act requirements which
     pertain to a water system.
    b. Required to correct inadequacies of a wastewater               25
     disposal system, or to meet health standards which
     pertain to a wastewater disposal system............
    c. Required to meet administrative orders issued to               15
     Correct local, State or Federal solid waste
     violations.........................................
iv Other Priorities:
    a. Applicant is a public body or Indian Tribe.......               5
    b. Amount of other than RUS funds committed to the
     project:
        A. 50% or more..................................              15
        B. 20% to 49%...................................              10
        C. 5%-19%.......................................               5
        D. Less than 5%.................................               0
    c. The utility has not been able to secure the funds              15
     needed for repairs from its own resources or from
     commercial credit..................................
    d. The proposed project will serve an area that has               10
     an unreliable quality or supply of drinking water..
------------------------------------------------------------------------

    The RUS Administrator may assign up to 15 additional points that 
will be considered in the total points. These points will be added to 
address items such as geographic distribution of funds, the highest 
priority projects within the jurisdiction, and emergency conditions 
caused by the hurricanes. The Administrator may delegate the authority 
to assign these points to National Office staff.
    2. Review and Selection Process. All applications will be processed 
and scored in the State Office and then reviewed for funding priority 
at the National Office. RUS will rank all qualifying applications by 
their final score. Applications will be selected for funding, based on 
the highest scores. Each applicant will be notified in writing of the 
score its application receives and whether it was approved for funding.

F. Federal Award Administration Information

    1. Federal Review Notices. RUS generally notifies by mail those 
applicants whose projects were approved for funding. However, the 
receipt of an approval letter does not serve to authorize the applicant 
to commence performance under the grant. RUS follows the approval 
letter with a grant agreement containing terms and conditions for the 
grant. Applicants selected for funding will complete and return grant 
agreement, which outlines the terms and conditions of the grant award 
and other forms as required.
    2. Administrative and National Policy. The items listed in Section 
A of this notice, and Departmental and other regulations including 2 
CFR parts 180, 182, 200, 400, 421 and any successor regulations 
implementing the appropriate administrative and national policy 
requirements of this grant program, which include but are not limited 
to:
    i. SF-270, ``Request for Advance or Reimbursement,'' will be 
completed by the Non-Federal Entity and submitted to either the State 
or National office no more frequently than monthly.
    ii. Upon receipt of a properly completed SF-270, the funds will be 
requested through the field office terminal system. Ordinarily, payment 
will be made within 30 days after receipt of a proper request for 
reimbursement.
    iii. Non-Federal Entities may use women- and minority-owned banks 
(a bank which is owned at least 50 percent by women or minority group 
members) for the deposit and disbursement of funds.
    3. Reporting.
    i. Any change in the scope of the project or any other significant 
change in the project must be reported to and approved by the approval 
official by written amendment to the grant agreement. Any change not 
approved may be cause for termination of the grant.
    ii. Non-Federal Entities shall constantly 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. The Non-Federal Entity will provide project reports to 
the Agency as follows:
    iii. SF-425, ``Financial Status Report (short form),'' and a 
project performance activity report will be required of all Non-Federal 
Entities on a quarterly basis, due 30 days after the end of each 
quarter.
    iv. A final project performance report will be required with the 
last SF-425 due 90 days after the end of the last quarter in which the 
project is completed.
    v. Financial reporting. The Non-Federal Entity will provide an 
audit report or financial statements to the Agency as follows:
    vi. Non-Federal Entities expending $750,000 or more Federal funds 
per fiscal year will submit an audit conducted in accordance with 2 CFR 
part 200. The audit will be submitted within nine months after the Non-
Federal Entity's fiscal year. Additional audits may be required if the 
project period covers more than one fiscal year.
    vii. Non-Federal Entities expending less than $750,000 will provide 
annual financial statements covering the grant period, consisting of 
the organization's statement of income and expense and balance sheet 
signed by an appropriate official of the organization. Financial 
statements will be submitted within 90 days after the Non-Federal 
Entity's fiscal year.

G. Federal Awarding Contacts

    Main point of contact: Derek Jones, Community Programs Specialist, 
Water and Environmental Programs, Rural Utilities Service, Rural 
Development, U.S. Department of Agriculture.
    Phone: (202) 720-9640.
    Fax: (202) 690-0649.
    Email: <a href="/cdn-cgi/l/email-protection#98fcfdeafdf3b6f2f7f6fdebd8effcfbb6edebfcf9b6fff7ee"><span class="__cf_email__" data-cfemail="593d3c2b3c32773336373c2a192e3d3a772c2a3d38773e362f">[email protected]</span></a>.

H. Other Information

    1. Civil Rights. Programs referenced in this Notice are subject to 
applicable Civil Rights Laws. These laws include the Equal Credit 
Opportunity Act, Title VI of the Civil Rights Act of 1964, Title VIII 
of the Civil Rights Act of 1968, as amended in 1988, and Section 504 of 
the Rehabilitation Act of 1973.
    2. Non-Discrimination Statement. In accordance with Federal civil 
rights law and U.S. Department of Agriculture (USDA) civil rights 
regulations and policies, the USDA, its Agencies, offices, and 
employees, and institutions participating in or administering USDA 
programs are prohibited from discriminating based on race, color,

[[Page 46141]]

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.
    Persons with disabilities who require alternative means of 
communication for program information (e.g., Braille, large print, 
audiotape, American Sign Language, etc.) should contact the responsible 
Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or 
contact USDA through the Federal Relay Service at (800) 877-8339. 
Additionally, program information may be made available in languages 
other than English.
    To file a program discrimination complaint, complete the USDA 
Program Discrimination Complaint Form, AD-3027, found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office 
or write a letter addressed to USDA and provide in the letter all of 
the information requested in the form. To request a copy of a complaint 
form, call, (866) 632-9992. Submit your completed form or letter 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;
    2. Fax: (202) 690-7442; or
    3. Email at: <a href="/cdn-cgi/l/email-protection#e292908d8590838fcc8b8c96838987a297918683cc858d94"><span class="__cf_email__" data-cfemail="0373716c6471626e2d6a6d7762686643767067622d646c75">[email protected]</span></a>.
    USDA is an equal opportunity provider, employer, and lender.

    Dated: September 6, 2018.
Christopher A. McLean,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2018-19784 Filed 9-11-18; 8:45 am]
 BILLING CODE 3410-15-P


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