Notice of Solicitation of Applications for the Intermediary Relending Program for Fiscal Year 2024

CourtAgriculture Department,Rural Business-cooperative Service
Citation88 FR 63050
Published date14 September 2023
Record Number2023-19927
SectionNotices
Federal Register, Volume 88 Issue 177 (Thursday, September 14, 2023)
[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
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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.
                -----------------------------------------------------------------------
                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, [email protected], 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):
                 Addressing Climate Change and Environmental Justice.
                Reducing climate pollution and increasing resilience to the impacts of
                climate change through economic support to rural communities;
                 Advancing Racial Justice, Place-Based Equity, and
                Opportunity. Ensuring all rural residents have equitable access to
                Rural Development (RD) programs and benefits from RD funded projects;
                and
                 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 11, 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:
                 Located in or serving a community with score 0.75 or above
                on the SVI;
                 Is a Federally recognized tribe, including Tribal
                instrumentalities and entities that are wholly owned by Tribes; or
                 Is a project where at least 50 percent of the project
                beneficiaries are members of Federally Recognized Tribes and non-Tribal
                applicants include a Tribal Resolution of Consent from the Tribe or
                Tribes 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:
                 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
                 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: [email protected].
                 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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