31638 Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Rules and Regulations 

1See Coronavirus Aid, Relief, and Economic 

Security Act, Public Law 116–136, 134 Stat. 281 

(Mar. 27, 2020). 

requirements other than those currently 

imposed by State law. For further 

information on how this authorization 

complies with applicable executive 

orders and statutory provisions, please 

see the Proposed Rule published in the 

April 5, 2021, Federal Register at 86 FR 

17572. The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this 

document and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). This final action will 

be effective June 15, 2021. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act as 

amended, 42 U.S.C. 6912(a), 6926, and 

6974(b). 

Dated: June 1, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2021–12458 Filed 6–14–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

47 CFR Part 302 

[Docket No. 210608–0124] 

RIN 0660–AA36 

Connecting Minority Communities 

Pilot Program 

AGENCY: National Telecommunications 

and Information Administration (NTIA), 

Department of Commerce (DOC). 

ACTION: Final rule. 

SUMMARY: The Consolidated 

Appropriations Act of 2021 (the ‘‘Act’’) 

appropriated $285 million to the 

National Telecommunications and 

Information Administration (NTIA) to 

establish the Connecting Minority 

Communities (CMC) Pilot Program. The 

CMC Pilot Program will provide grants 

to eligible historically Black colleges or 

universities (HBCUs); Tribal Colleges or 

Universities (TCUs); and Minorityserving institutions (MSIs) in anchor 

communities for broadband internet 

access service, equipment, or to hire 

information technology personnel to 

facilitate educational instruction 

including remote instruction, and to 

lend or provide equipment to eligible 

students or patrons. This final rule 

describes NTIA’s programmatic scope, 

eligibility criteria, and general 

guidelines for the CMC Pilot Program as 

authorized by the Act. NTIA will 

subsequently publish a Notice of 

Funding Opportunity (NOFO) on 

www.grants.gov that will provide more 

details regarding the CMC eligibility 

guidelines, application instructions, and 

program requirements. 

DATES: This final rule is effective on 

June 15, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Scott Woods, Senior Broadband 

Program Specialist, telephone: (202) 

306–3096, email: SWoods@ntia.gov; or 

Francine Alkisswani, 

Telecommunications Policy Analyst, 

telephone: (202) 482–5560, email: 

FAlkisswani@ntia.gov, Office of 

Telecommunications and Information 

Applications, National 

Telecommunications and Information 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Room 4878, Washington, DC 

20230. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Statutory Requirements 

III. Regulatory Analyses & Notices 

I. Background 

NTIA, the Executive Branch agency 

principally responsible for advising the 

President on telecommunications and 

information policy issues, launched its 

Minority Broadband Initiative (MBI) in 

November 2019 as an integral part of 

NTIA’s mission and commitment to 

expanding broadband internet access 

and adoption in America. With the MBI, 

NTIA took the lead on minority 

stakeholder engagement on broadband 

deployment in unserved and 

underserved areas of the country 

through initially partnering with HBCUs 

and TCUs. The Consolidated 

Appropriations Act, 2021, Division N, 

Title IX, Section 902, Public Law 116– 

260, 134 Stat. 1182 (Dec. 27, 2020), 

codifies the work of the MBI by 

directing NTIA to establish the Office of 

Minority Broadband Initiatives, 

expanding the Agency’s reach to engage 

MSIs, and to promulgate rules 

establishing the CMC Pilot Program. The 

purpose of the Act is to realize the 

potential of HBCU, TCU, and MSI 

institutions that will aid in America’s 

economic development, growth of social 

capital and increased productivity. 

NTIA will build and expand upon its 

relationships with HBCU, TCU and MSI 

institutions to both fulfill the duties of 

the Office of Minority Broadband 

Initiatives and to implement the CMC 

Pilot Program. 

Moreover, NTIA’s mission is to foster 

robust broadband access, connectivity 

and adoption as these are essential 

elements to support the nation’s 

economic growth and social 

advancement. NTIA believes that 

broadband is a conduit for economic 

development and social opportunities 

for U.S. households and a gateway to 

increased productivity, growth and 

market access for businesses of all sizes. 

Yet, many American communities, 

households and critical anchor 

institutions lack sufficient broadband 

connectivity and experience significant 

challenges with digital inclusion, 

adoption, access and equity, specifically 

within vulnerable communities, 

communities of color, and with students 

at HBCUs, TCUs and MSIs. The COVID– 

19 pandemic has exacerbated these 

inequities for students, faculty and staff 

at HBCUs, TCUs and MSIs. 

To address these critical issues, 

Congress passed the Act to enhance and 

expand certain provisions of the 

Coronavirus Aid, Relief, and Economic 

Security Act (the ‘‘CARES Act’’).1 In the 

Act, Congress directed NTIA to provide 

grants to eligible recipients in anchor 

communities for the purchase of 

broadband internet access service or any 

eligible equipment, or to hire and train 

information technology personnel: (1) 

To facilitate educational instruction and 

learning, including through remote 

instruction; or (2) to operate a minority 

business enterprise; or (3) to operate a 

tax-exempt organization described in 

section 501(c)(3) of the Internal Revenue 

Code of 1986, as amended. Through this 

CMC Pilot Program, NTIA will directly 

address the lack of broadband access, 

connectivity, adoption and equity at our 


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2See Consolidated Appropriations Act, 2021, 

Division N, Title IX, Section 902(c)(1)(B), Public 

Law 116–260, 134 Stat. 1182 (Dec. 27, 2020). 

3See U.S. Dep’t of Education, List of 

Postsecondary Institutions Enrolling Populations 

with Significant Percentages of Undergraduate 

Minority Students, https://www2.ed.gov/about/ 

offices/list/ocr/edlite-minorityinst.html (last visited 

May 18, 2021). 

4See U.S. Dep’t of Education, Office of 

Postsecondary Education, Eligibility Designations 

and Applications for Waiver of Eligibility 

Requirements, https://www2.ed.gov/about/offices/ 

list/ope/idues/eligibility.html (last visited May 18, 

2021). 

5Several Institutions of Higher Education (IHEs) 

will qualify under more than one category in the 

table below. Therefore, the total universe of eligible 

institutions is not the total number of schools in all 

category types. 

6See National Center for Education Statistics, 

College Navigator, https://nces.ed.gov/COLLEGE

NAVIGATOR/?s=all&sp=4 (last visited May 18, 

2021). 

7See National Center for Education Statistics, 

College Navigator, https://nces.ed.gov/COLLEGE

NAVIGATOR/?s=all&sp=8 (last visited May 18, 

2021). 

nation’s HBCUs, TCUs, and MSIs and in 

their surrounding anchor communities. 

II. Statutory Requirements 

NTIA adopts these rules to establish, 

implement, and administer the CMC 

Pilot Program. Under the Act, Congress 

directed NTIA to promulgate these rules 

to establish a method to identify, 

determine and verify CMC applicant 

eligibility; to identify which eligible 

recipients in anchor communities have 

the greatest unmet financial needs; and 

to ensure that grants under the Pilot 

Program are made to eligible recipients 

in a manner that best achieves the 

purposes of the Pilot Program.2

Accordingly, NTIA developed the 

following methodology and supporting 

rationale utilizing information and data 

from the agency’s National Broadband 

Availability Map (NBAM) and in 

consultation with several Federal 

agencies including the U.S. Department 

of Education (ED), National Center for 

Education Statistics (NCES), Minority 

Business Development Agency (MBDA) 

and the Internal Revenue Service (IRS). 

1. Method for identifying and 

verifying that an applicant is an HBCU, 

TCU, or MSI eligible recipient. 

NTIA will analyze available data to 

establish program eligibility as follows: 

a. Eligible institutions must be 

designated in one of the seven 

categories delineated by the U.S. 

Department of Education as authorized 

by the Higher Education Act of 1965.3

b. Where the school type has been 

legislatively defined and a list of 

institutions is available from the Federal 

government, as is the case for HBCUs 

and TCUs, NTIA will use the data/ 

information provided by the NCES to 

verify their historical designation. 

c. Where the U.S. Department of 

Education provides eligibility criteria, 

but does not publish a definitive list of 

institutions (for example, Asian 

American and Native American Pacific 

Islander-serving institution 

(AANAPISI), Hispanic-serving 

institution (HSI), Predominantly Black 

institution (PBI), Alaska Native-serving 

institution/Native Hawaiian-serving 

institution (ANNH), and Native 

American-serving, non-Tribal 

institution (NASNTI) designations), 

NTIA has defined the universe of 

eligible institutions as those institutions 

that the U.S. Department of Education 

defines as eligible or potentially eligible 

in that category within the U.S. 

Department of Education’s most 

recently released Eligibility Matrix.4

(Currently the 2020 Eligibility Matrix, 

but NTIA will update this approach to 

include the U.S. Department of 

Education’s 2021 Eligibility Matrix, and 

any subsequent Matrix, as applicable, 

upon release.) 

Accordingly, under this methodology 

and rationale, NTIA estimates the 

universe of ‘‘eligible’’ recipient 

institutions, as of 2020,5 is as follows: 

Type Number 

of schools Method 

HBCU ............. 102 Most recent NCES list of HBCUs.6

HSI ................. 501 Defined as eligible or potentially eligible in the most recent Dep’t of Education Eligibility Matrix available, in the 

HSI category. 

TCU ................ 37 Most recent NCES list of TCUs.7

ANNH ............. 66 Defined as eligible or potentially eligible in the most recent Dep’t of Education Eligibility Matrix available, in the 

ANNH or ANNH F categories. 

PBI ................. 104 Defined as eligible or potentially eligible in the most recent Dep’t of Education Eligibility Matrix available, in the 

PBI F or PBI A categories. 

AANAPISI ...... 336 Defined as eligible or potentially eligible in the most recent Dep’t of Education Eligibility Matrix available, in the 

AANAPISI or AANAPISI F categories. 

NASNTI .......... 32 Defined as eligible or potentially eligible in the most recent Dep’t of Education Eligibility Matrix available, in the 

NASNTI or NASNTI F categories. 

2. Method for identifying and 

mapping areas or anchor communities 

that are within a 15-mile radius of each 

eligible HBCU, TCU, or MSI and that 

meet the estimated median annual 

household income of not more than 250 

percent of the poverty line. 

To identify those areas surrounding a 

qualifying institution in which the 

‘‘estimated median annual household 

income is not more than 250 percent of 

the poverty line,’’ NTIA will use median 

household income estimates from the 

most recent U.S. Census Bureau’s 

American Community Survey (ACS) for 

each census tract falling wholly or 

partially within the applicable area (so 

long as corresponding poverty threshold 

data is also available for that time 

period, to ensure comparison of similar 

datasets). Census tracts are the smallest 

geographic units for which median 

household income estimates are 

available, enabling more precise 

identification of the eligible areas 

defined in the statute. Currently, the 

most recent available data estimates are 

from 2015–2019. For each relevant 

census tract, NTIA will compare the 

median household income estimate 

with the most recent poverty thresholds 

published by the Census Bureau (so 

long as corresponding household 

income data is also available for that 

time period, as discussed above). 

Currently, the most recent available data 

is from 2019. NTIA will use the 

weighted average poverty threshold that 

corresponds to the mean household size 

in each tract. If the mean household size 

is between two whole numbers, NTIA 

will round up to the next whole number 

to determine the applicable weighted 

average poverty threshold. This will 

help to ensure that the program’s 

eligibility standards include as many 

communities in need as possible. If the 

median household income of a census 

tract does not exceed 2.5 times the 

applicable weighted average poverty 

threshold, that tract will be considered 


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31640 Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Rules and Regulations 

8See U.S. Census Bureau, Poverty Thresholds, 

https://www.census.gov/data/tables/time-series/ 

demo/income-poverty/historical-povertythresholds.html (last visited May 18, 2021). 

9As defined under 47 CFR part 54, subpart E, or 

any successor regulations. 

10As that term is defined in section 312(g) of the 

Higher Education Act of 1965 (20 U.S.C. 1058(g)). 

part of the anchor community. These 

data sets have a small margin of error 

that may affect the potential eligibility 

of particular census tracts, and data gaps 

may exist. NTIA will address this 

margin of error and an applicant’s 

submission of its own data to support 

eligibility in the program’s NOFO. A 

further breakdown of NTIA’s approach 

is as follows: 

a. The 250 percent threshold will be 

determined for household size based on 

the most recent poverty thresholds 

available from the U.S. Census Bureau, 

so long as household size data for that 

time period is also available.8

b. The 250 percent poverty threshold 

by household size will then be applied 

to the average household size in each 

census tract according to the most 

recent American Community Survey 

data available, so long as poverty 

threshold data for that time period is 

also available. 

c. Utilizing capabilities within the 

NBAM platform, a 15-mile buffer will be 

drawn around each eligible institution 

as described above. 

d. A digital overlay will be used to 

select all census tracts for each anchor 

community boundary. If any part of a 

census tract falls within the boundary, 

NTIA will include that entire census 

tract in order to avoid excluding 

potentially eligible communities. The 

median household income in each 

anchor community census tract will be 

compared to the 250 percent poverty 

threshold as defined above to determine 

if the anchor community tract does not 

exceed the prescribed poverty 

threshold. 

3. Method to determine a comparable 

maximum distance for TCU anchor 

community located on land held in trust 

by the United States is statistically 

comparable to anchor communities 

defined as not more than 15 miles from 

an HBCU, TCU or MSI. 

In the Act, Congress also directed that 

NTIA may establish, in consultation 

with the Secretary of the Interior, a 

separate anchor community boundary 

for those Tribal schools located on land 

held in trust by the United States, if 

NTIA can ensure that each anchor 

community that is established is 

statistically comparable to other anchor 

communities within the CMC Pilot 

Program. After consultation with the 

Secretary of the Interior and upon 

review of the applicable data and 

information for the purposes of CMC 

Pilot Program consideration, NTIA will 

apply this standard as follows: For 

TCUs located on land held in trust by 

the United States that are also located 

within a reservation, the boundary of 

the reservation on which the TCU falls 

will be substituted for the 15-mile buffer 

to create an Area of Interest (AOI) for 

each institution. These AOIs will be 

used to define the institution’s anchor 

community boundary. 

4. Method to identify which eligible 

recipients have the greatest unmet 

financial need. NTIA has interpreted 

that this requirement refers to both the 

‘‘eligible institution’’ and the ‘‘students 

that attend the eligible institutions’’ and 

therefore, for ease of application, will 

analyze the student need data. 

Accordingly, to determine which 

eligible recipients have students with 

the greatest unmet financial needs, each 

applying eligible institution must 

provide the following information in 

their application for funding (or as 

much of the information as is 

reasonably available to the institution), 

to include any supplementary 

information to explain the data: 

(i) Student population size; 

(ii) Number and percentage of 

students that are eligible to receive 

Federal Pell Grants; 

(iii) Number and percentage of 

students that receive other need-based 

financial aid from the Federal 

government, a State, or that institution; 

(iv) Number and percentage of 

students that qualify as low-income 

consumers; 9

(v) Number and percentage of 

students that are low-income 

individuals; 10 and 

(vi) Number and percentage of 

students that have been approved to 

receive unemployment insurance 

benefits under any Federal or State law 

since March 1, 2020. 

NTIA will analyze the submitted 

information for each of these criteria 

and will develop an assessment of each 

institution’s student body-based unmet 

financial needs. These assessments will 

be compared across all submitted 

applications during the merit review 

phase and program eligibility 

determinations will be made based on 

an evaluation of the data provided and 

accompanying explanatory information. 

Final recommendations for project 

approval and grant funding will be 

made for those eligible anchor 

institutions that have demonstrated the 

highest unmet financial need. 

5. Method for verifying that a 

designated Minority Business Enterprise 

(MBE) or a 501(c)(3) organization 

applying as a member of the consortium 

is an eligible entity. 

NTIA will require that a consortium 

applicant that is an MBE self-certify that 

it is an MBE-designated entity. For 

consortium applicants that claim tax 

exempt status, NTIA will utilize the 

Internal Revenue Service’s 501(c)(3) 

certification portal/database to verify 

the organization’s 501(c)(3) status. 

As required by section 902(c)(1) of the 

Act, we are including all eligibility 

requirements in the program rules 

below in §§ 302.3–302.6. Further, 

§ 302.5 addresses the interagency 

coordination required by section 

902(c)(3) of the Act. 

III. Regulatory Analyses and Notices 

Executive Order 12866 (Regulatory 

Policies and Procedures) 

This rule has been determined to be 

significant under of Executive Order 

12866, and therefore has been reviewed 

by the Office of Management and 

Budget (OMB). 

Administrative Procedure Act 

The effective date of this final rule is 

the date of publication in the Federal 

Register. The Administrative Procedure 

Act’s rulemaking requirements, 

including the requirement to engage in 

a notice and comment process and the 

30-day delay in effective date for 

substantive rules, do not apply here as 

this rule concerns grants. See 5 U.S.C. 

553(a)(2). 

Regulatory Flexibility Act 

This final rule is not subject to the 

requirements of the Regulatory 

Flexibility Act, as NTIA was not 

required to publish a notice of proposed 

rulemaking or provide an opportunity 

for notice and public comment prior to 

publication of this final rule. See 5 

U.S.C. 601(2), 603, 604. Accordingly, no 

Regulatory Flexibility Analysis is 

required, and none has been prepared. 

Executive Order 13132 (Federalism) 

This final rule does not contain 

policies having federalism implications 

requiring preparations of a Federalism 

Summary Impact Statement. 

Executive Order 12988 (Civil Justice 

Reform) 

This rulemaking has been reviewed 

under Executive Order 12988, Civil 

Justice Reform, as amended by 

Executive Order 13175. NTIA has 

determined that the final rule meets the 

applicable standards provided in 

section 3 of the Executive Order to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 


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Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Rules and Regulations 31641 

Executive Order 12372 

(Intergovernmental Consultation) 

Applications under this program are 

subject to Executive Order 12372, 

‘‘Intergovernmental Review of Federal 

Programs,’’ which requires 

intergovernmental consultation with 

State and local officials. Non-TCU 

applicants are required to submit a copy 

of their applications to their designated 

State Single Point of Contact (SPOC) 

offices. See 7 CFR part 3015, subpart V. 

NTIA respects the sovereignty of 

Tribal nations and the various arms of 

Tribal governments, including 

institutions of higher education. TCUs 

will be encouraged to consult with the 

Tribal entity through which they are 

chartered, to promote collaboration and 

a unified approach to addressing the 

mission of the CMC Pilot Program. 

Executive Order 12630 

This final rule does not contain 

policies that have takings implications. 

Executive Order 13175 (Consultation 

and Coordination With Indian Tribes) 

NTIA has analyzed this final rule 

under Executive Order 13175 and has 

determined that the action would not 

have a substantial direct effect on one or 

more Indian Tribes, would not impose 

substantial direct compliance costs on 

Indian Tribal governments, and would 

not preempt Tribal law. Therefore, a 

Tribal summary impact statement is not 

required. 

Paperwork Reduction Act 

This document does not contain new 

collection-of-information requirements 

subject to the Paperwork Reduction Act. 

Unfunded Mandates Reform Act 

This final rule contains no federal 

mandates (under the regulatory 

provision of Title II of the Unfunded 

Mandates Reform Act of 1995) for State, 

local, and Tribal governments or the 

private sector. The program is voluntary 

and applicants that meet all eligibility 

requirements could receive grant funds. 

Thus, this rulemaking is not subject to 

the requirements of sections 202 and 

205 of the Unfunded Mandates Reform 

Act of 1995. 

National Environmental Policy Act 

NTIA has reviewed this rulemaking 

action for the purposes of the National 

Environmental Policy Act. NTIA has 

determined that this final rule would 

not have a significant impact on the 

quality of the human environment. 

List of Subjects in 47 CFR Part 302 

Broadband, Grant Programs, internet, 

Telecommunications. 

Dated: June 9, 2021. 

Evelyn Remaley, 

Acting Assistant Secretary of Commerce for 

Communications and Information, National 

Telecommunications and Information 

Administration. 

■ In consideration of the foregoing, the 

National Telecommunications and 

Information Administration, 

Department of Commerce, adds 47 CFR 

part 302 to read as follows: 

PART 302—CONNECTING MINORITY 

COMMUNITIES PILOT PROGRAM 

Sec. 

302.1 Purpose. 

302.2 Definitions. 

302.3 Who may apply. 

302.4 Application requirements. 

302.5 Approval and award. 

302.6 Distribution of grant funds. 

302.7 Eligible uses for grant funds. 

302.8 Continuing compliance. 

302.9 Financial and administrative 

requirements. 

302.10 Closeout. 

302.11 Waiver authority. 

302.12 Program termination. 

Authority: Consolidated Appropriations 

Act, 2021, Division N, Title IX, section 902, 

Pub. L. 116–260, 134 Stat. 1182 (Dec. 27, 

2020). 

§ 302.1 Purpose. 

This part establishes uniform 

application, approval, award, financial 

and administrative requirements for the 

Connecting Minority Communities pilot 

program authorized under Division N, 

Title IX, section 902, of the 

Consolidated Appropriations Act, 2021. 

§ 302.2 Definitions. 

As used in this part— 

Anchor Community means any area 

that— 

(1) Except as provided in the 

definition of Certain Tribal Colleges or 

Universities below, is not more than 15 

miles from a historically Black college 

or university, a Tribal College or 

University, or a Minority-serving 

institution; and 

(2) Has an estimated median annual 

household income (based on U.S. 

Census Bureau American Community 

Survey data) of not more than 250 

percent of the poverty line, as that term 

is defined in section 673(2) of the 

Community Services Block Grant Act 

(42 U.S.C. 9902(2)). NTIA will use data 

from the most recent time period for 

which both household income and 

poverty line data are available. 

Certain Tribal Colleges or Universities 

means, with respect to a Tribal College 

or University that is located on land 

held in trust by the United States, the 

Assistant Secretary, in consultation with 

the Secretary of the Interior, may 

establish a different maximum distance 

for the purposes of designating an 

anchor community if the Assistant 

Secretary is able to ensure that, in 

establishing that different maximum 

distance, each anchor community that is 

established as a result of that action is 

statistically comparable to other anchor 

communities described in the definition 

of Anchor Community in this section. 

After consultation with the Secretary of 

the Interior and review of the relevant 

statistical data, the Assistant Secretary 

has determined that, for TCUs located 

on land held in trust by the United 

States that are also located within a 

reservation, the boundary of the 

reservation on which the TCU falls will 

be substituted for the 15-mile buffer to 

create an Area of Interest (AOI) for each 

institution. These AOIs will be used to 

define the institution’s anchor 

community boundary. 

Assistant Secretary means the 

Assistant Secretary of Commerce for 

Communications and Information, and 

Administrator of the National 

Telecommunications and Information 

Administration (NTIA). 

Broadband internet access service has 

the meaning given the term in 47 CFR 

8.1(b), or any successor regulation. 

Commission means the Federal 

Communications Commission. 

Connected device means a laptop 

computer, tablet computer, or similar 

device that can connect to broadband 

internet access service. 

Director means the Director of the 

Office. 

Eligible equipment means— 

(1) A Wi-Fi hotspot; 

(2) A modem; 

(3) A router; 

(4) A device that combines a modem 

and router; 

(5) A connected device; or 

(6) Any other equipment used to 

provide access to broadband internet 

access service. 

Eligible recipient means— 

(1) A historically Black college or 

university; 

(2) A Tribal College or University; 

(3) A Minority-serving institution; or 

(4) A consortium that is led by a 

historically Black college or university, 

a Tribal College or University, or a 

Minority-serving institution and that 

also includes— 

(i) A Minority Business Enterprise; or 

(ii) An organization described in 

section 501(c)(3) of the Internal Revenue 

Code of 1986 and exempt from tax 

under section 501(a) of such Code. 

Historically Black college or 

university has the meaning given the 

term ‘‘part B institution’’ in section 322 

of the Higher Education Act of 1965 (20 

U.S.C. 1061). 


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Minority-serving institution means 

any of the following: 

(1) An Alaska Native-serving 

institution, as that term is defined in 

section 317(b) of the Higher Education 

Act of 1965 (20 U.S.C. 1059d(b)). 

(2) A Native Hawaiian-serving 

institution, as that term is defined in 

section 317(b) of the Higher Education 

Act of 1965 (20 U.S.C. 1059d(b)). 

(3) A Hispanic-serving institution, as 

that term is defined in section 502(a) of 

the Higher Education Act of 1965 (20 

U.S.C. 1101a(a)). 

(4) A Predominantly Black institution, 

as that term is defined in section 371(c) 

of the Higher Education Act of 1965 (20 

U.S.C. 1067q(c)). 

(5) An Asian American and Native 

American Pacific Islander-serving 

institution, as that term is defined in 

section 320(b) of the Higher Education 

Act of 1965 (20 U.S.C. 1059g(b)). 

(6) A Native American-serving, nonTribal institution, as that term is defined 

in section 319(b) of the Higher 

Education Act of 1965 (20 U.S.C. 

1059f(b)). 

Minority Business Enterprise has the 

meaning given the term in 15 CFR 

1400.2, or any successor regulation. 

Office means the Office of Minority 

Broadband Initiatives established 

pursuant to the Consolidated 

Appropriations Act, 2021, Division N, 

Title IX, section 902(b)(1). 

Tribal College or University has the 

meaning given the term in section 

316(b) of the Higher Education Act of 

1965 (20 U.S.C. 1059c(b)). 

Wi-Fi means a wireless networking 

protocol based on Institute of Electrical 

and Electronics Engineers standard 

802.11, or any successor standard. 

Wi-Fi hotspot means a device that is 

capable of— 

(1) Receiving broadband internet 

access service; and 

(2) Sharing broadband internet access 

service with another device through the 

use of Wi-Fi. 

§ 302.3 Who may apply. 

(a) Eligible recipient. To apply for a 

CMC grant under this part, an applicant 

must be an eligible recipient in an 

anchor community as defined in 

§ 302.2. NTIA will rely on the following 

sources of information to determine 

whether an applicant is an eligible 

recipient: 

TABLE 1 TO PARAGRAPH (a) 

Type NTIA Validation method 

Historically Black College or University (HBCU) Most recent NCES list of HBCUs. 

Hispanic-Serving Institution (HSI) ....................... Defined as eligible or potentially eligible in the most recent Dep’t of Education Eligibility Matrix 

available, in the HSI category. 

Tribal College or University (TCU) ..................... Most recent NCES list of TCUs. 

Alaska Native and Native Hawaiian (ANNH) ..... Defined as eligible or potentially eligible in the most recent Dep’t of Education Eligibility Matrix 

available, in the ANNH or ANNH F categories. 

Predominantly Black Institution (PBI) ................. Defined as eligible or potentially eligible in the most recent Dep’t of Education Eligibility Matrix 

available, in the PBI F or PBI A categories. 

Asian American and Native American Pacific Islander-Serving Institution (AANAPISI).Defined as eligible or potentially eligible in the most recent Dep’t of Education Eligibility Matrix 

available, in the AANAPISI or AANAPISI F categories. 

Native American-Serving Non-Tribal Institution 

(NASNTI).

Defined as eligible or potentially eligible in the most recent Dep’t of Education Eligibility Matrix 

available, in the NASNTI or NASNTI F categories. 

(b) Eligibility for consortia members. 

For consortium applications led by 

eligible recipients described in 

paragraph (a) of this section, NTIA will 

require that any Minority Business 

Enterprise (MBE) consortium member 

self-certify that it is a MBE-designated 

entity. For consortium members that 

claim tax-exempt status, NTIA will 

utilize the Internal Revenue Service’s 

501(c)(3) certification portal/database to 

verify the consortium member’s taxexempt status. 

§ 302.4 Application requirements. 

(a) Contents for an application. An 

application for funds for the Connecting 

Minority Communities Pilot Program 

must consist of the following 

components: 

(1) Project narrative. The project 

narrative should describe a clearly 

defined project that best achieves the 

purposes of the CMC Pilot Program. The 

project narrative must demonstrate that 

every project, activity, and cost listed in 

the application meets the eligible use 

requirements in § 302.7. The project 

narrative should include the following 

information: 

(i) Project justification. Please 

describe the primary goals of your 

project, a description of the community 

needs and challenges that your 

proposed project will address and who 

will directly benefit from your project, 

including the institution, the anchor 

community, students, minority business 

enterprises and/or tax-exempt nonprofit organizations. The HBCU, TCU, or 

MSI applicant must include the 

following information (or as much of the 

information as is reasonably available to 

the institution), to include any 

supplementary information to explain 

the data: 

(A) Student population size; 

(B) Number and percentage of 

students that are eligible to receive 

Federal Pell Grants; 

(C) Number and percentage of 

students that receive other need-based 

financial aid from the Federal 

Government, a State, or that institution; 

(D) Number and percentage of 

students that qualify as low-income 

consumers for the purposes of the 

program carried out under 47 CFR part 

54, subpart E, or any successor 

regulations; 

(E) Number and percentage of 

students that are low-income 

individuals as that term is defined in 

section 312(g) of the Higher Education 

Act of 1965 (20 U.S.C. 1058(g)); and 

(F) Number and percentage of 

students that have been approved to 

receive unemployment insurance 

benefits under any Federal or State law 

since March 1, 2020. 

(ii) Project activities. Please provide 

details about the specific grant-funded 

activities you plan to carry out; who 

will plan, implement, and manage your 

project, including the lead organization 

and principal partner organizations; and 

a project schedule, including significant 

milestones that describe when and in 

what sequence your project activities 

will occur. 

(iii) Project results. Please provide a 

description of your project’s intended 

results and how you plan to evaluate the 

benefits of your project. Please describe 

proposed metrics, what data you plan to 

collect, and the evaluation 

methodologies. 

(2) Project budget. A project budget 

for all proposed projects and activities 

to be funded by the grant funds must be 


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reasonable and the allocation of funds 

must sufficient to complete the tasks 

outlined in the project narrative. Budget 

clarity and cost effectiveness are 

essential. The budget is a description of 

the resources the applicant proposes to 

use to complete the project in the time 

period that the applicant specifies. The 

budget should include the cost of all 

items needed to complete the project. 

The administrative requirements, cost 

principles, and audit requirements 

listed in 2 CFR part 200, the Uniform 

Administrative Requirements, Cost 

Principles, and Audit Requirements for 

Federal Awards, will be incorporated 

into each award. 

(3) Budget narrative. The application 

must include a budget narrative that 

clearly relates each of the activities the 

applicant proposes in the Project 

Narrative to the relevant section of the 

Project Budget. 

(b) Due dates—application deadline. 

The applicant must submit the 

completed application by the 

application deadline provided in the 

Notice of Funding Opportunity, which 

will be subsequently published by NTIA 

and publicly accessible at 

www.grants.gov. Failure to meet the 

application deadline will generally 

preclude the applicant from receiving 

consideration for a grant award. 

§ 302.5 Approval and award. 

(a) NTIA will review each application 

for compliance with the requirements of 

this part. 

(b) NTIA may request additional 

information from the applicant, with 

respect to any of the application 

submission requirements of § 302.4, 

prior to making a recommendation for 

an award. Failure to submit such 

additional information may preclude 

the applicant from further consideration 

for award. 

(c) When making grant awards, NTIA 

will coordinate with other Federal 

agencies, including the Commission, the 

National Science Foundation, and the 

Department of Education, to ensure the 

efficient expenditure of Federal funds, 

including by preventing multiple 

expenditures of Federal funds for the 

same purpose. 

(d) The Assistant Secretary will 

recommend to the National Institute of 

Standards and Technology (NIST), 

Grants Management Division, approval 

of grant awards to qualifying applicants. 

NIST, serving as the Grants Office for 

the CMC grant program, will then issue 

grant awards in writing to the successful 

applicants. 

§ 302.6 Distribution of grant funds. 

(a) Funding allocation. Except as 

provided in paragraph (b) of this 

section— 

(1) In general. (i) Grant funds for each 

eligible recipient that meets the 

eligibility and/or certification 

requirements set forth in § 302.3 will be 

allocated to the applicants with the 

greatest unmet financial needs, based on 

evaluation of the following data 

provided by the applicant (including 

any supplementary information 

provided to explain the data) or by other 

Federal agencies: 

(A) Student population size; 

(B) Number and percentage of 

students that are eligible to receive 

Federal Pell Grants; 

(C) Number and percentage of 

students that receive other need-based 

financial aid from the Federal 

Government, a State, or that eligible 

recipient; 

(D) Number and percentage of 

students that are qualifying low-income 

consumers for the purposes of the 

program carried out under 47 CFR part 

54, subpart E, or any successor 

regulations; 

(E) Number and percentage of 

students that are low-income 

individuals as that term is defined in 

section 312(g) of the Higher Education 

Act of 1965 (20 U.S.C. 1058(g)); and 

(F) Number and percentage of 

students that have been approved to 

receive unemployment insurance 

benefits under any Federal or State law 

since March 1, 2020. 

(ii) Upon submission, NTIA will 

assess each institution’s student bodybased unmet financial needs. These 

assessments will be compared across all 

submitted applications during the merit 

review phase and program eligibility 

determinations will be made based on 

an evaluation of the data provided and 

any accompanying explanatory 

information. Final recommendations for 

project approval and grant funding will 

generally be made for those eligible 

anchor institutions that have 

demonstrated the greatest unmet 

financial need. 

(2) Historically Black colleges or 

universities set-aside. In accordance 

with the requirement set forth in the 

Consolidated Appropriations Act, 2021, 

at least 40 percent of the grant funds 

awarded pursuant to the CMC Pilot 

Program will be set aside for 

distribution to qualifying historically 

Black colleges or universities. 

(3) Student support set-aside. In 

accordance with the requirement set 

forth in the Consolidated 

Appropriations Act, 2021, at least 20 

percent of grant funds awarded 

pursuant to the CMC Pilot Program will 

be set aside for eligible HBCUs, TCUs 

and MSIs to provide broadband internet 

access service or eligible equipment to 

their students. 

(b) Additional notices of funding 

opportunity. Grant funds that are not 

distributed under paragraph (a) of this 

section may be made available to 

applicants through subsequent Notices 

of Funding Opportunity, which will be 

published by NTIA and publicly 

accessible via www.grants.gov. 

§ 302.7 Eligible uses for grant funds. 

(a) Eligible uses. In general and 

subject to the more specific uses listed 

in paragraphs (a)(1) through (3) of this 

section, grant funds awarded to HBCUs, 

TCUs or MSIs may be used as 

appropriate to facilitate educational 

instruction and learning, including 

through remote instruction; and grant 

funds awarded to consortia including 

Minority Business Enterprises (MBEs) or 

Tax-Exempt Organizations may be used 

to operate that MBE or Tax-Exempt 

Organization. Grant funds awarded 

under this part may only be used for the 

following purposes: 

(1) The purchase of broadband 

internet access service, including the 

installation or upgrade of broadband 

facilities on a one-time, capital 

improvement, basis in order to increase 

or expand broadband capacity and/or 

connectivity at the eligible institution; 

(2) The purchase or lease of eligible 

equipment and devices for student or 

patron use, subject to any restrictions 

and prohibited uses identified in 

paragraph (d) of this section; and 

(3) To hire and train information 

technology personnel who are a part of 

the eligible anchor institution, MBE or 

Tax-Exempt Organization. 

(b) Student priority for the provision 

of broadband services, devices, and 

equipment. The HBCUs, TCUs or MSI 

applicant must certify that if it receives 

a grant under this part to provide 

broadband internet access service or 

eligible equipment to students that it 

will, as a condition of that grant, 

prioritize students in need, in 

accordance with the following criteria: 

(1) Students who are eligible to 

receive Federal Pell Grants; 

(2) Students who receive any other 

need-based financial aid from the 

Federal Government, a State, or the 

eligible recipient; 

(3) Students who are qualifying lowincome consumers for the purposes of 

the program carried out under 47 CFR 

part 54, subpart E, or any successor 

regulations; 

(4) Students who are low-income 

individuals as that term is defined in 


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31644 Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Rules and Regulations 

section 312(g) of the Higher Education 

Act of 1965 (20 U.S.C. 1058(g)); or 

(5) Students who have been approved 

to receive unemployment insurance 

benefits under any Federal or State law 

since March 1, 2020. 

(c) Prioritization of students and 

patrons without equipment and/or 

broadband access. Any recipient that 

lends or provides eligible equipment to 

students or patrons must prioritize the 

lending or providing of such equipment 

or devices to students or patrons that 

the recipient believes do not have access 

to such equipment. 

(d) Prohibited uses. The sale or 

transfer of any portion of the grantfunded equipment for a thing (including 

a service) of value during the life of 

equipment is prohibited. Recipients are 

required to comply with the property 

standards, including the use and 

disposition requirements, contained in 2 

CFR 200.311 through 200.316, and with 

the terms and conditions set forth in the 

grant award. 

§ 302.8 Continuing compliance. 

(a) The applicant must certify that it 

has complied with the required 

statutory and programmatic conditions 

in submitting its application. 

(b) A grant recipient must submit on 

an annual basis, 30 days after the end 

of each Federal fiscal year in which 

grant funds are available, a certification 

regarding compliance and use of CMC 

grant funds as outlined in § 302.7. 

(c) Where a recipient knowingly 

provides false or inaccurate information 

in its certification related use of CMC 

grant funds, the recipient shall— 

(1) Not be eligible to receive the grant 

under this part; 

(2) Return any grant awarded under 

this part during the time that the 

certification was not valid; and 

(3) Not be eligible to receive any 

subsequent grants under this part. 

§ 302.9 Financial and administrative 

requirements. 

(a) General. The requirements of 2 

CFR part 200, the Uniform 

Administrative Requirements, Cost 

Principles, and Audit Requirements for 

Federal Awards, govern the 

implementation and management of 

grants awarded under this part. Awards 

issued pursuant to this program will 

also be subject to the Department of 

Commerce Standard Terms and 

Conditions for Financial Assistance 

Awards that are in effect on the date of 

the award. The current version, dated 

November 12, 2020, is accessible at: 

https://www.commerce.gov/sites/

default/files/2020-11/

DOC%20Standard%20Terms%

20and%20Conditions%20- 

%2012%20November

%202020%20PDF_0.pdf. Awards issued 

pursuant to this program may also be 

subject to specific award conditions as 

authorized by 2 CFR 200.208. 

(b) Reporting requirements—(1) 

Performance reports. Each grant 

recipient shall submit semi-annual and 

annual performance reports to NTIA, 

following the procedures of 2 CFR 

200.329. Semi-annual performance 

reports are due within 30 calendar days 

after the reporting period. Annual 

performance reports are due within 90 

calendar days after the reporting period, 

except when a final report is required 

under § 302.10. 

(2) Financial reports. Each recipient 

shall submit quarterly financial reports 

to NTIA and the National Institute of 

Standards and Technology (NIST), 

following the procedures of 2 CFR 

200.328, within 30 calendar days after 

the reporting period, except when a 

final financial report is required under 

§ 302.10. 

(c) Audit requirements. All CMC grant 

awards are subject to audit in 

accordance with 2 CFR part 200, subpart 

F and the Department of Commerce 

Financial Assistance Standard Terms 

and Conditions. Specifically, 2 CFR part 

200, subpart F, adopted by the 

Department of Commerce through 2 CFR 

1327.101 requires any non-federal entity 

(as defined in 2 CFR 200.1) that expends 

Federal awards of $750,000 or more in 

the recipient’s fiscal year to conduct a 

single or program-specific audit in 

accordance with the requirements set 

out in subpart F. Additionally, unless 

otherwise specified in the terms and 

conditions of the award, entities that are 

not subject to subpart F of 2 CFR part 

200 (e.g., commercial entities) that 

expend $750,000 or more in DOC funds 

during their fiscal year must submit to 

the Grants Officer either: A financial 

related audit of each DOC award or 

subaward in accordance with Generally 

Accepted Government Auditing 

Standards; or a project specific audit for 

each award or subaward in accordance 

with the requirements contained in 2 

CFR 200.507. Applicants are reminded 

that NTIA, NIST, the Department of 

Commerce Office of Inspector General, 

or another authorized Federal agency 

may conduct an audit of an award at 

any time. 

§ 302.10 Closeout. 

(a) Expiration of the right to incur 

costs. The right to incur programmatic 

costs under this part will expire at the 

end of the period of performance. The 

right to incur closeout costs under this 

part will expire at the end of the 120- 

day closeout period, unless this period 

is extended in writing by the Grants 

Officer. 

(b) Final submissions. Within 120 

calendar days after the completion of 

projects and activities funded under this 

part, but in no event later than the 

closeout period expiration date 

identified in paragraph (a) of this 

section, each grant recipient must 

submit— 

(1) A final financial report to NTIA/ 

NIST, following the procedures of 2 CFR 

200.344(a); and 

(2) A final performance report to 

NTIA/NIST, following the procedures of 

2 CFR 200.344(a). 

(c) Disposition of unexpended 

balances. Any funds that remain 

unexpended after closeout shall cease to 

be available to the recipient and shall be 

returned to the Federal Government. 

§ 302.11 Waiver authority. 

It is the general intent of NTIA not to 

waive any of the provisions set forth in 

this part. However, under extraordinary 

circumstances and when it is in the best 

interest of the Federal government, 

NTIA, upon its own initiative or when 

requested, may waive the provisions in 

this part. Waivers may only be granted 

for requirements that are discretionary 

and not mandated by statute or other 

applicable law. Any request for a waiver 

must set forth the extraordinary 

circumstances for the request. 

§ 302.12 Program termination. 

Except with respect to the report 

required under the Consolidated 

Appropriations Act, 2021, Division N, 

Title IX, section 902(c)(7), and the 

authority of the Secretary of Commerce 

and the Inspector General of the 

Department of Commerce described in 

section 902(c)(8), the CMC Pilot 

Program, including all reporting 

requirements under section 902, shall 

terminate on the date on which the 

amounts made available to carry out the 

CMC Pilot Program are fully expended. 

[FR Doc. 2021–12454 Filed 6–14–21; 8:45 am] 

BILLING CODE 3510–60–P 


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