NTIA-DE-PLAN-2022 NOFO.pdf

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NOTICE OF FUNDING OPPORTUNITY

STATE DIGITAL EQUITY PLANNING GRANT PROGRAM

EXECUTIVE SUMMARY

A. Federal Agency Name

National Telecommunications and Information Administration (NTIA), U.S. Department of Commerce

B. Funding Opportunity Title

State Digital Equity Planning Grant Program

C. Announcement Type

Initial

D. Funding Opportunity Number

NTIA-DE-PLAN-2022

E. Assistance Listing (CFDA Number)

11.032

F. Key Dates

Complete applications from States (including the 50 states, the District of Columbia, and Puerto Rico) must be received through the NTIA application portal (https://grants.ntia.gov) no later than 11:59 p.m. Eastern Daylight Time (EDT) on July 12, 2022. U.S. territories (other than Puerto Rico), Indian Tribes, Alaska Native entities, and Native Hawaiian organizations that are interested in participating in this program need not submit applications at this time, but must submit Letters of Intent. The Letters of Intent may be submitted (1) through the NTIA application portal or email (digitalequity@ntia.gov) no later than 11:59 p.m. Eastern Daylight Time (EDT) on July 12, 2022 or (2) by mail or courier, postmarked (for postal mail) or showing clear evidence of having been mailed (for courier submissions) no later than 11:59 p.m. Eastern Daylight Time (EDT) on July 12, 2022. Further application submission requirements and timelines for any U.S. territory or possession (other than Puerto Rico), or from an Indian Tribe, Alaska Native entity, or Native Hawaiian organization that timely submits a Letter of Intent will be provided to such entities in a separate written communication.

NTIA expects to complete its review, selection of successful applicants, and award processing by September 15, 2022. The earliest start date for awards under this Notice of Funding Opportunity https://grants.ntia.gov/ mailto:digitalequity@ntia.gov

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(NOFO) is September 29, 2022. NTIA may issue awards made under the State Digital Equity Planning Grant Program on a rolling basis.

G. Application Submission Address

Applications or portions thereof submitted by a State through postal mail, courier, email, facsimile, or other means will not be accepted.

For U.S. territories (other than Puerto Rico) and for Indian Tribes, Alaska Native entities, and Native Hawaiian organizations, Letters of Intent must be submitted (1) electronically through the NTIA application portal https://grants.ntia.gov/, (2) by email (digitalequity@ntia.gov), or (3) by mail or courier. See Section IV of this NOFO for detailed information concerning application submission requirements.

H. Funding Opportunity Description

Under the State Digital Equity Planning Grant Program, the Assistant Secretary of Commerce for Communications and Information (Assistant Secretary) will award grants to the 50 states, the District of Columbia, and Puerto Rico (the States) for the purpose of developing State Digital Equity Plans. Through these Plans, each State will, among other things, identify barriers to digital equity in the State and strategies for overcoming those barriers. Further, U.S. territories and possessions (other than Puerto Rico), Indian Tribes, Alaska Native entities, and Native Hawaiian organizations may also seek grants, cooperative agreements, or contracts to develop their own digital equity plans and, in the case of Tribal entities, to provide input into the digital equity plans of the States in which they are located.

The State Digital Equity Planning Grant Program is part of the larger State Digital Equity Capacity Grant Program, the purpose of which is to promote the achievement of digital equity, support digital inclusion activities, and build capacity for efforts by States relating to the adoption of broadband by residents of those States. States interested in participating in the State Digital Equity Capacity Grant Program must first complete State Digital Equity Plans as contemplated in Section 60304(c) of the Infrastructure Investment and Jobs Act of 2021, Public Law 117-58, 135 Stat. 429 (November 15, 2021) (Infrastructure Act or Act), also commonly known as the Bipartisan Infrastructure Law. State Digital Equity Planning Grant Program participants that are also eligible grantees under the separate Broadband Equity, Access, and Deployment Program (which is the subject of a separate Notice of Funding Opportunity) should plan holistically for these interrelated programs and should ensure close coordination between the personnel and offices preparing to implement them. See Section I of this NOFO for the full Program Description.

I. Funding Instrument

Grant (States); Grant, Cooperative Agreement, or Contract (territories or possessions of the United States other than Puerto Rico, as well as Indian Tribes, Alaska Native entities, and Native Hawaiian organizations).

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J. Eligibility

Each State is eligible to apply for grants under this program. See Section III of this NOFO for additional information concerning the State Digital Equity Planning Grant Program’s eligibility requirements. The governor or equivalent official of an applicant State shall select an Administering Entity to receive and administer the State’s grant funding.

Separately, territories or possessions of the United States that are not defined as States for purposes of this program, as well as Indian Tribes, Alaska Native entities, and Native Hawaiian organizations, are eligible to enter into grants, cooperative agreements, or contracts with NTIA to carry out the activities contemplated in this program. The procedure through which these entities may express interest in entering into such an agreement with NTIA is described in Sections IV.B.2 and IV.B.3 of this NOFO.

K. Anticipated Amounts

Grant awards to States are formula-based and will depend on the number and characteristics of States that apply. Amounts available to the non-State entities described above will be based on the criteria outlined in this NOFO and, in the case of Indian Tribes, Alaska Native entities and Native Hawaiian organizations, will depend on the total number of applicants. The total amount appropriated by Congress for the State Digital Equity Planning Grant Program (including administrative costs) is $60 million, and the total amount appropriated for State Digital Equity Capacity Grants in fiscal year 2022 is $240 million.

L. Cost Sharing/Matching

The Infrastructure Act authorizing the establishment of this program does not contain a statutory non-federal cost sharing or matching funds requirement. Accordingly, NTIA will not require an entity applying for a grant under this program to provide a non-federal cost contribution.

FULL ANNOUNCEMENT TEXT

Table of Contents I. Program Description A. Overview of the State Digital Equity Planning Grant Program B. Broadband Equity, Access, and Deployment (BEAD) Program C. Definitions II. Federal Award Information A. Funding Availability B. Project/Award Period C. Allocation of Award Amounts D. Type of Funding Instrument III. Eligibility Information A. Eligible Applicants and Designation of an Administering Entity B. Cost Sharing or Matching IV. Application and Submission Information

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A. Application Portal and Submission B. Content and Form of Applications or Letters of Intent C. Allowable and Unallowable Uses of State Digital Equity Planning Grant Funds D. Certifications Regarding Debarment and Suspension E. System for Award Management (SAM) F. Submission Dates and Times G. Intergovernmental Review H. Material Representations and Public Disclosure of Applications I. Other Submission Requirements V. Application Review Information A. In General B. Initial Eligibility and Administrative Review C. Merit Review D. Selection Process E. Federal Awarding Agency Review of Risk Posed by Applicants F. Anticipated Announcement and Award Dates VI. Federal Award Administration Information A. Federal Award Notices B. Notification to Unsuccessful Applicants C. Retention of Unsuccessful Applications D. Administrative and National Policy Requirements E. Reporting F. Recipient Integrity and Performance Matters G. Audit Requirements H. Federal Funding Accountability and Transparency Act of 2006 I. Public Database VII. Federal Awarding Agency Contact(s) VIII. Other Information A. Transparency B. Protected and Proprietary Information C. Funding Availability and Limitation of Liability D. Third Party Beneficiaries E. Waiver Authority F. Paperwork Reduction Act G. Transparency, Accountability, And Oversight Required H. Unauthorized Use of Funds

I. Program Description NTIA issues this Notice of Funding Opportunity (NOFO) to describe the requirements under which it will issue financial assistance awards for the State Digital Equity Planning Grant Program, authorized by Section 60304(c) of the Infrastructure Investment and Jobs Act of 2021, Public Law 117-58, 135 Stat. 429 (November 15, 2021) (Infrastructure Act or Act), also commonly known as the Bipartisan Infrastructure Law.

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A. Overview of the State Digital Equity Planning Grant Program In recent decades, access to the internet has played a critical and growing role in the ways in which Americans work, learn, receive health care, and participate in democracy. The COVID-19 pandemic crystalized what many have known for a very long time: High-speed internet access is not a luxury, but a necessity, for all Americans, regardless of their age, race, or income, irrespective of where they live, what languages they speak, what resources they have at their disposal, and what specific challenges they may face in their daily lives.

Recognizing broadband’s fundamental role in today’s society and its centrality to our nation’s continued health and prosperity, President Biden has pledged to make sure that every American has access to a reliable, affordable, high-speed internet connection. Full participation in our twenty-first century economy requires no less. Digital equity is necessary for civic and cultural participation, employment, lifelong learning, and access to essential services. Yet affordable, reliable, high-speed internet access has remained elusive to many for too long, because they live in a location where no service is available, the speed or quality of the service available is unreliable, or the offering available is unaffordable. Internet connectivity itself is a necessary, but not sufficient, condition for eradicating the digital divide. Many on the wrong side of that divide require equipment, digital skills, financial resources, and more to realize the Internet’s full potential. Those who lack these resources face substantial barriers to digital equity, even in places where fast broadband connections are physically available. This digital divide is particularly acute for communities of color, Tribal nations, and lower-income areas, and spans both urban and rural areas of the country.

Passed on a bipartisan basis in both Chambers of Congress, the Infrastructure Act includes $42.45 billion to create the BEAD Program, as well as the Digital Equity Act of 2021, which provides $2.75 billion to further advance federal goals relating to digital equity and digital inclusion.1 The law charges NTIA – the President’s chief advisor on telecommunications and information policy matters, housed within the United States Department of Commerce (DOC) – with administering these programs.

The subject of this NOFO—the $60 million State Digital Equity Planning Grant Program—is part of the Digital Equity Act’s larger State Digital Equity Capacity Grant Program, the purpose of which is to promote the achievement of digital equity, support digital inclusion activities, and build capacity for efforts by States relating to the adoption of broadband by residents of those

1 For the purposes of this NOFO, the term “digital equity” means the condition in which individuals and communities have the information technology capacity that is needed for full participation in the society and economy of the United States. The term “digital inclusion” means “the activities that are necessary to ensure that all individuals in the United States have access to, and the use of, affordable information and communication technologies, such as—reliable fixed and wireless broadband internet service; internet-enabled devices that meet the needs of the user; and applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration; and includes—obtaining access to digital literacy training; the provision of quality technical support; and obtaining basic awareness of measures to ensure online privacy and cybersecurity.” The term “digital literacy” means “the skills associated with using technology to enable users to find, evaluate, organize, create, and communicate information.”

Infrastructure Act § 60302(10)-(12).

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States. By creating their own State Digital Equity Plans, States can, among other things, identify barriers to digital equity and outline specific measures aimed at addressing those barriers. States that develop State Digital Equity Plans will then be able to apply for funds from the State Digital Equity Capacity Grant Program to implement those plans. Within one year of the date on which a State is awarded State Digital Equity Planning Grant Program funds, that State must develop a State Digital Equity Plan that includes elements outlined in the statute and herein, solicit and respond to public comments on the draft plan, and finalize that plan. Each State’s State Digital Equity Plan will be a key component of any application the State may later submit seeking a State Digital Equity Capacity Grant.2

The State Digital Equity Capacity Grant Program, including the portion known as the State Digital Equity Planning Grant Program, also provides that the Assistant Secretary will set aside funds for U.S. territories and possessions that are not considered States under this program, as well as for Indian Tribes, Alaska Native entities, and Native Hawaiian organizations, to enter into grants, cooperative agreements, or contracts with NTIA to carry out the activities contemplated in this program. The procedure through which these entities can submit Letters of Intent to request NTIA funding is outlined in this NOFO.

NTIA looks forward to working with States, U.S. territories and possessions, Indian Tribes, Alaska Native entities, Native Hawaiian organizations, and designated administering entities to bridge persistent equity gaps and bring equal opportunity to all Americans.

B. Broadband Equity, Access, and Deployment (BEAD) Program NTIA strongly encourages States and territories to concurrently participate in the State Digital Equity Planning Grant program and the BEAD program. The BEAD program is a historic $42.5 billion investment in grants to States and territories for broadband planning, deployment, mapping, equity, and adoption projects.

Just as the Digital Equity Act begins with funding for the creation of Digital Equity Plans, the BEAD Program, which is the subject of a separate Notice of Funding Opportunity, begins with a Five-Year Action Plan and an Initial Proposal, each of which must include descriptions of a participant’s plans to advance digital equity and inclusion. States and territories should take a holistic approach to developing their BEAD Five-Year Action Plans and their State Digital Equity Plans, recognizing that they have a unified objective of closing the digital divide.

Specifically, NTIA expects that the Five-Year Action Plans and Initial Proposals developed for the BEAD Program will fully incorporate the State or territory’s Digital Equity Plan. Moreover, Final Proposals developed for the BEAD Program should be informed by and be complementary, sequenced, integrated, and intentionally linked with BEAD Five-Year Action Plans, BEAD

2 This NOFO does not address the State Digital Equity Capacity Grant Program, under which the Assistant Secretary must begin making grants “[n]ot later than 2 years after the date on which the Assistant Secretary begins awarding [state digital equity] planning grants….” Infrastructure Act § 60304(d)(1). NTIA will issue a separate NOFO for the State Digital Equity Capacity Grant Program at a later date.

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Initial Proposals, and State Digital Equity Plans to address the goal of universal broadband access and adoption.

Each state and territory should, therefore, ensure that those tasked with developing the State Digital Equity Plan, the Five-Year Action Plan, and the Initial and Final Proposals for the BEAD Program are working closely to meet the programs’ shared objectives. As part of that coordination, States and territories should consider overlap in personnel between State Digital Equity planning teams and BEAD Program planning teams. At a minimum, States and territories should establish formal and direct communications and collaboration pathways between the teams that remain in place throughout the entire planning process. This will be particularly important to reduce the burden and confusion on community stakeholders when fulfilling the local coordination, outreach, and stakeholder engagement requirements of both programs.

C. Definitions

(a) Assistant Secretary—The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information or the individual who holds any successor position.

(b) Administering Entity—The term “administering entity” refers to the entity selected by the governor or equivalent official of each State to administer the Digital Equity Act Planning Grant and Capacity Grant programs. The administering entity shall—

1. Serve as the recipient of, and administering agent for, any grant awarded to the State under this program;

2. Develop, implement, and oversee the State Digital Equity Plan for the State;

3. Make subgrants3 to any entity described in Section 60304(c)(1)(D) of the Infrastructure

Act that is located in the State in support of—

a. The State Digital Equity Plan for the State; and

b. Digital inclusion activities in the State generally; and

4. Serve as—

a. An advocate for digital equity policy and digital inclusion activities; and

b. A repository of best practice materials regarding the policies and activities described in clause (a).

An Administering Entity must have demonstrated a capacity to administer the program on a statewide level, and be any of the following:

1. The State, a political subdivision, agency, or instrumentality of the State, an Indian Tribe located in the State, an Alaska Native entity located in the State, or a Native Hawaiian organization located in the State.

2. A foundation, corporation, institution, association, or coalition that is—

3 This NOFO generally uses the terms “subgrantee” and “subgrant” because these are the terms used in the relevant Infrastructure Act provisions. We note, though, that applicable regulations governing federal financial assistance generally use the term “subrecipient” to refer to what the Infrastructure Act calls “subgrantees” and the term “subaward” to refer to what the Infrastructure Act calls “subgrants.” See generally 2 C.F.R. Part 200. As used herein, the terms “subgrantee” and “subgrant” herein are meant to have the same meaning, respectively, as the terms “subrecipient” and “subaward” in those regulations and other governing authorities.

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a. A not-for-profit entity;

b. Providing services in the State; and

c. Not a school.

3. A community anchor institution, other than a school, that is located in the State.

4. A local educational agency that is located in the State.

5. An entity located in the State that carries out a workforce development program.

6. An agency of the State that is responsible for administering or supervising adult education and literacy activities in the State.

7. A public or multi-family housing authority that is located in the State.

8. A partnership between any of the previously listed entities.

(c) Aging Individual—The term “aging individual” means an individual who is 60 years of age or older.

(d) Commission—The term “Commission” refers to the Federal Communications Commission.

(e) Community Anchor Institution—The term “community anchor institution” means a public school, a public or multi-family housing authority, a library, a medical or healthcare provider, a community college or other institution of higher education, a State library agency, and any other nonprofit or governmental community support organization.

(f) Covered Household—The term “covered household” means a household, the income of which for the most recently completed year is not more than 150 percent of an amount equal to the poverty level, as determined by using criteria of poverty established by the Bureau of the Census.

(g) Covered Populations—The term “covered populations” means:

1. Individuals who live in covered households;

2. Aging individuals;

3. Incarcerated individuals, other than individuals who are incarcerated in a Federal correctional facility;

4. Veterans;

5. Individuals with disabilities;

6. Individuals with a language barrier, including individuals who—

a. Are English learners; and

b. Have low levels of literacy;

7. Individuals who are members of a racial or ethnic minority group; and

8. Individuals who primarily reside in a rural area.

(h) Digital Equity— The term “digital equity” means the condition in which individuals and communities have the information technology capacity that is needed for full participation in the society and economy of the United States.

(i) Digital Inclusion— The term “digital inclusion”—

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1. Means the activities that are necessary to ensure that all individuals in the United States have access to, and the use of, affordable information and communication technologies, such as—

a. Reliable fixed and wireless broadband internet service;

b. Internet-enabled devices that meet the needs of the user; and

c. Applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration; and

2. Includes—

a. Obtaining access to digital literacy training;

b. The provision of quality technical support; and

c. Obtaining basic awareness of measures to ensure online privacy and cybersecurity.

(j) Digital Literacy— The term “digital literacy” means the skills associated with using technology to enable users to find, evaluate, organize, create, and communicate information.

(k) Disability—The term “disability” means, with respect to an individual—

1. A physical or mental impairment that substantially limits one or more major life activities of such individual;

2. A record of such an impairment; or

3. Being regarded as having such an impairment.

(l) Eligible State—The term “eligible state” means a State with respect to which the Assistant Secretary has approved an application submitted to the Assistant Secretary under this NOFO.

(m) Indian Tribe—The term “Indian Tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, 43 U.S.C. § 1601 et seq., which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians;

(n) Rural Area—The term “rural area” means any area other than –

1. A city or town that has a population of greater than 50,000 inhabitants;

2. Any urbanized area contiguous and adjacent to a city or town that has a population of greater than 50,000 inhabitants; and

3. In the case of a grant or direct loan, a city, town, or incorporated area that has a population of greater than 20,000 inhabitants.

(o) State—The term “State” means:

1. any State of the United States;

2. the District of Columbia; and

3. the Commonwealth of Puerto Rico.

(p) Veteran—The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.

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II. Federal Award Information

A. Funding Availability NTIA will make up to $53,400,000 available under the State Digital Equity Planning Grant Program for States. Additionally, pursuant to Section 60304(i)(2) of the Infrastructure Act, NTIA is required to set aside not less than five (5) percent of the amounts made available in a fiscal year for the State Digital Equity Planning and Capacity Grant Programs “to award grants to, or enter into contracts or cooperative agreements with, Indian Tribes, Alaska Native entities, and Native Hawaiian organizations.” Section 60304(i)(3) further directs NTIA to set aside not less than one (1) percent of the total made available “to award grants to, or enter into contracts or cooperative agreements with, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States that is not a State.” Accordingly, at this time NTIA has reserved one (1) percent of the $300 million total amount made available by Congress for fiscal year 2022 for the State Digital Equity Planning and Capacity Grant Programs ($60 million and $240 million, respectively),4 or $3 million in total, for grants, cooperative agreements and contracts with U.S.

territories and possessions (other than Puerto Rico). NTIA has further reserved five (5) percent of the total fiscal year 2022 funds available for the State Digital Equity Planning and Capacity Grant Programs, or $15 million, for grants, cooperative agreements and contracts with Indian Tribes, Alaska Native entities, and Native Hawaiian organizations. The funding for U.S.

territories and possessions, as well as for Indian Tribes, Alaska Native entities, and Native Hawaiian organizations, has been reserved proportionally from the State Digital Equity Planning Grant Program and the State Digital Equity Capacity Grant Program.

NTIA strongly urges all States, U.S. territories and possessions, Indian Tribes, Alaska Native entities, and Native Hawaiian organizations to complete applications or Letters of Intent (as appropriate) and begin developing their State Digital Equity Plans. A State considering whether to participate in the State Digital Equity Planning Grant Program should bear in mind that, should it seek State Digital Equity Capacity Grant Program funds in the future, it will be required by Section 60304(d)(2)(B) of the Infrastructure Act to include in its application the State Digital Equity Plan described in Section 60304(c), the development of which is being funded exclusively through this NOFO. NTIA has also determined that it will only provide U.S.

territories and possessions with funds to create territorial digital equity plans through this NOFO, and that subsequent funding opportunities for U.S. territories and possessions will be focused on activities to implement those plans. However, due to the large number of Indian Tribes, Alaska Native entities, and Native Hawaiian organizations, and the likely resource constraints among many of these entities, NTIA will continue to offer funds in future NOFOs to tribal entities that have yet to receive Digital Equity Planning Grants and to develop digital equity plans.

B. Project/Award Period As established in Section 60304(c)(3)(D)(ii) of the Infrastructure Act, the award period for the State Digital Equity Planning Grant Program is one year, beginning on the date on which the grantee is awarded the grant funds; provided, however, that the award period may be extended by NTIA, in consultation with the National Institute of Science and Technology (NIST) Grants

4 See Infrastructure Act § 60304(k).

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Officer, for up to 180 days based on a written request from a recipient. An applicant may submit a request for an extension of the one-year award period not later than ninety (90) calendar days before the end of the award period.

C. Allocation of Award Amounts Funding amounts for States will be determined pursuant to a statutory formula. U.S. territories and possessions (other than Puerto Rico), Indian Tribes, Alaska Native entities, and Native Hawaiian organizations that submit Letters of Intent under Sections IV.B.2 and IV.B.3 will each be eligible to receive a portion of the relevant set-aside funds as detailed below.

1. Statutory Formula and Mandates Pursuant to Section 60304(c)(3)(D)(i) of the Infrastructure Act, which incorporates by reference the formula in Section 60304(d)(3)(A)(i) of the Infrastructure Act, the amount awarded to each eligible State will be calculated by applying a formula in which (a) fifty (50) percent of the total grant amount shall be based on the population of each State in proportion of the total population of all eligible States; (b) twenty-five (25) percent of the total grant shall be based on the number of individuals in each State who are members of the “covered populations” listed in Section 60302(8) of the Infrastructure Act, in proportion to the total number of individuals in all eligible States who are members of covered populations; and (c) twenty-five (25) percent shall be based on the comparative lack of availability and adoption of broadband in each State relative to all eligible States, as determined by data collected from the annual inquiry of the Federal Communications Commission pursuant to Section 706(b) of the Telecommunications Act of 1996,5 the American Community Survey, NTIA Internet Use Survey, and any other source that the Assistant Secretary, after appropriate notice and opportunity for public comment, determines to be appropriate. In the event that certain data on broadband availability or adoption are unavailable for Puerto Rico during a given fiscal year, the Assistant Secretary shall use the median value among all eligible States for each affected factor in the formula for Puerto Rico.

The planning grant amount awarded to any individual State must not be less than one-half (0.5) percent of the total amount made available to award planning grants to eligible States during a given fiscal year.6 Additionally, if there are amounts remaining available to NTIA after awarding Digital Equity Planning Grants or Digital Equity Capacity Grants to States in a given fiscal year, NTIA shall distribute those amounts to eligible States to which NTIA has awarded Digital Equity Planning Grants or Digital Equity Capacity Grants for that fiscal year in accordance with the formula described Section 60304(d)(3)(A)(i) of the Infrastructure Act. In the event that additional Digital Equity Planning Grant funds remain unclaimed following this distribution (for example, if one or more States decline the extra funds), the Assistant Secretary will add the remaining balance to the funds set aside for U.S. territories (other than Puerto Rico) and possessions and for Indian Tribes, Alaska Native Entities, and Native Hawaiian organizations.7

5 47 U.S.C. § 1302.

6 See Infrastructure Act §§ 60304(c)(3)(D)(i) and 60304(d)(3)(A)(i), (ii).

7 In future years, the Assistant Secretary may similarly add unclaimed Digital Equity Capacity Grant funds to the set-asides for U.S. territories and for tribal entities.

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In addition to awarding grants to eligible States, Section 60304(i)(3) of the Infrastructure Act requires the Assistant Secretary to set aside at least one (1) percent of available funds during each fiscal year for entering into grants, cooperative agreements, or contracts with U.S.

territories and possessions other than Puerto Rico (which is included in the definition of “State” for Digital Equity Act purposes) to carry out the activities described in Section 60304 of the Infrastructure Act. Further, in accordance with Section 60304(i)(2) of the Infrastructure Act, the Assistant Secretary will set aside at least five (5) percent of available funds for entering into grants, cooperative agreements and contracts with Indian Tribes, Alaska Native entities, and Native Hawaiian organizations. Award amounts for participating U.S. territories and possessions, and for Indian Tribes, Alaska Native entities, and Native Hawaiian organizations will be determined for each agreement and are not subject to the funding formula applicable to the States.

After reviewing applications and determining which States are eligible to receive planning grants, NTIA will apply the funding formula as detailed in Appendix A. NTIA and the U.S.

Census Bureau have collaborated to create the “Digital Equity Act Population Viewer,” which shows covered population totals calculated by the Census Bureau for each state, alongside the other factors used as inputs into the funding formula. The Digital Equity Act Population Viewer can be accessed at https://www.census.gov/programs-surveys/community-resilience-estimates/partnerships/ntia.html.

https://www.census.gov/programs-surveys/community-resilience-estimates/partnerships/ntia.html

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2. Tentative Award Allocation Amounts Tentative award allocation amounts per State, assuming that each State seeks and receives Digital Equity Planning Grant funds, are as follows:

State Amount State Amount Alabama $981,081.12 Montana $601,336.88 Alaska $567,884.90 Nebraska $598,745.97 Arizona $1,116,110.78 Nevada $754,458.89 Arkansas $843,673.10 New Hampshire $525,033.51 California $4,001,525.45 New Jersey $1,176,741.04 Colorado $897,119.04 New Mexico $740,534.91 Connecticut $736,568.10 New York $2,180,034.65 Delaware $516,096.05 North Carolina $1,415,614.32 District of Columbia $463,126.49 North Dakota $516,392.82 Florida $2,407,223.57 Ohio $1,470,550.76 Georgia $1,429,212.96 Oklahoma $882,087.78 Hawaii $570,883.08 Oregon $782,193.40 Idaho $564,706.40 Pennsylvania $1,604,131.73 Illinois $1,515,352.64 Puerto Rico $781,987.43 Indiana $1,039,734.16 Rhode Island $506,100.07 Iowa $708,924.38 South Carolina $953,478.05 Kansas $692,664.38 South Dakota $527,051.65 Kentucky $874,236.13 Tennessee $1,092,244.06 Louisiana $941,542.28 Texas $3,110,148.10 Maine $542,222.32 Utah $676,684.53 Maryland $966,659.11 Vermont $518,154.22 Massachusetts $1,003,763.61 Virginia $1,222,391.75 Michigan $1,332,440.72 Washington $1,076,248.79 Minnesota $881,905.10 West Virginia $728,065.62 Mississippi $875,585.61 Wisconsin $952,197.63 Missouri $1,007,143.59 Wyoming $530,006.38

NTIA emphasizes that these allocations are tentative, and that a State’s final allocation could be higher or lower than the amount listed here, depending on factors including the number of States that elect to participate in the program and the results of any challenges to this allocation.

U.S. Territories and Possessions. The Assistant Secretary shall, from the total funds made available during each fiscal year, reserve not less than one (1) percent to award grants to, or enter into contracts or cooperative agreements with, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States that is not a State to enable those entities to carry out the activities described in the statute.8 As explained in Section II.A above, NTIA has reserved one

8 See Infrastructure Act § 60304(i)(3).

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(1) percent of the funds made available during the current fiscal year ($3,000,000) for this purpose. Further, the Assistant Secretary tentatively allocates $150,000 to each of: (a) the United States Virgin Islands, (b) Guam, (c) American Samoa, and (d) the Commonwealth of the Northern Mariana Islands for the purpose of creating territorial digital equity plans. The balance of the reserved funds will remain available for territories to use for implementation of digital equity plans once those plans are completed, similar to the uses contemplated for State Digital Equity Capacity Grants.

Indian Tribes, Alaska Native Entities, and Native Hawaiian Organizations. The Assistant Secretary shall, from the total funds made available during each fiscal year, reserve not less than five (5) percent to award grants to, or enter into contracts or cooperative agreements with, Indian Tribes, Alaska Native entities, and Native Hawaiian organizations to allow those Tribes, entities, and organizations to carry out the activities described in the statute.9 As explained in Section II.A above, NTIA has reserved five (5) percent of the funds made available during the current fiscal year ($15,000,000) for this purpose. Because the number of interested Indian Tribes, Alaska Native entities, and Native Hawaiian organizations is difficult to predict, the Assistant Secretary will announce tentative allocations after receiving Letters of Intent. Depending on demand, the Assistant Secretary expects to allocate between $50,000 and $150,000 to each participating Indian Tribe, Alaska Native entity, and Native Hawaiian organization and will distribute funds evenly within that range. The initial allocation of funds shall be used for the purpose of creating Tribal digital equity plans and may also be used to support Tribal participation in the creation of relevant State digital equity plans. The balance of the reserved funds will remain available for Tribal organizations to implement digital equity plans once those plans are completed, similar to the uses contemplated for State Digital Equity Capacity Grants.

3. Challenge Process A State may challenge the amount allocated to it as determined by the funding formula. Any State that wishes to challenge the tentative award amount listed above shall submit a letter to the Assistant Secretary, through the NTIA programmatic contact listed in Section VII.A of this NOFO, signed by the governor or equivalent official, within fourteen (14) calendar days of publication of this NOFO. The letter shall describe, in as much detail as practicable, the error or other defect that the State believes to have occurred in NTIA’s application of the formula or statutory requirements. The Assistant Secretary will make a determination and respond to the State in writing within twenty-one (21) calendar days of receipt of the letter. In the event that the Assistant Secretary determines that a recalculation of formula amounts is appropriate, the Assistant Secretary will promptly notify the other States of this occurrence and of the results of any amendment to award amounts for all States. Additionally, pursuant to Section 60304(c)(3)(D)(iii) of the Infrastructure Act, a State receiving a State Equity Planning Grant award from NTIA (i.e., an “Eligible State” as defined in this NOFO) may challenge the amount allocated to it as determined by the funding formula after receiving its award, although NTIA strongly encourages States that wish to challenge funding allocations to do so within fourteen

(14) calendar days of publication of this NOFO.

9 See Infrastructure Act § 60304(i)(2).

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D. Type of Funding Instrument The funding instrument for awards made to States pursuant to the NOFO will be a grant.

NTIA also expects to award grants to U.S. territories (other than Puerto Rico), Indian Tribes, Alaska Native entities, and Native Hawaiian organizations pursuant to this NOFO, although NTIA and the NIST Grants Officer reserve the right to issue cooperative agreements or contracts to such entities in accordance with Sections 60304(i)(2) and 60304(i)(3) of the Infrastructure Act.

III. Eligibility Information

A. Eligible Applicants and Designation of an Administering Entity Each state of the United States, the District of Columbia, and Puerto Rico is eligible to apply for grants under this program. The governor or equivalent official of each State that wishes to be awarded a grant must designate an Administering Entity for that State to receive and administer the grant. 10 See Section I.C of this NOFO for the definition of “Administering Entity,” including the list of entities eligible to serve as Administering Entities and the roles and responsibilities of an Administering Entity.

Separately, territories or possessions of the United States that are not defined as States for purposes of this program, as well as Indian Tribes, Alaska Native entities, and Native Hawaiian organizations, are eligible to enter into grants, cooperative agreements, or contracts with NTIA to carry out the activities contemplated in this program. The procedure through which these entities may express interest in entering into such an agreement with NTIA is described in Sections IV.B.2 and IV.B.3 of this NOFO.

B. Cost Sharing or Matching The Infrastructure Act authorizing the establishment of this program does not contain a statutory non-federal cost sharing or matching funds requirement. Accordingly, NTIA will not require an eligible applicant applying for a financial assistance award under this program to provide a non-federal cost contribution and will not give additional consideration during the evaluation process for applications proposing non-federal cost share.

IV. Application and Submission Information This Section sets out requirements relating to applications (from States), Letters of Intent (from U.S. territories and possessions (other than Puerto Rico) and Indian Tribes, Alaska Native entities, and Native Hawaiian organizations), and other materials submitted in connection with the State Digital Equity Planning Grant Program.

A. Application Portal and Submission For States (including Puerto Rico), application forms and instructions are available on the NTIA application portal at https://grants.ntia.gov/. Any U.S. territory or possession (other than Puerto Rico), Indian Tribe, Alaska Native entity, or Native Hawaiian organization interested in funding

10 See Infrastructure Act § 60304(b).

Notice of Funding Opportunity – 16 must submit a Letter of Intent to the Assistant Secretary in accordance with the instructions set forth below in Sections IV.B.2 or IV.B.3.

NTIA recommends that applicants participate in application technical assistance webinars and review program and application guidance that will be posted on NTIA’s BroadbandUSA website https://broadbandusa.ntia.gov/. Failure to properly apply for funds under the State Digital Equity Planning Grant Program by the deadline established in this NOFO may result in a State or other applicant losing this grant opportunity. Applications or Letters of Intent will be accepted until the deadline and processed as received. For States (including Puerto Rico and the District of Columbia), application packages, or portions thereof, submitted by email, paper, or facsimile will not be accepted.

With respect to electronic methods for providing information about funding opportunities or accepting applicants’ submissions of information, NTIA is responsible for compliance with Section 508 of the Rehabilitation Act of 1973, as amended by the Workforce Act of 1998.

B. Content and Form of Applications or Letters of Intent Applications for the State Digital Equity Planning Grant Program must be complete and must adhere to the instructions provided in this NOFO and be submitted in the format requested in the NTIA Application Portal (https://grants.ntia.gov/). U.S. territories and possessions (other than Puerto Rico), Indian Tribes, Alaska Native entities, and Native Hawaiian organization must submit the Letter of Intent through the NTIA application portal or through alternative means as specified below.

For States, complete applications must be received through the NTIA application portal no later than 11:59 p.m. Eastern Daylight Time (EDT) on July 12, 2022.

For U.S. territories and possessions (other than Puerto Rico) and from Indian Tribes, Alaska Native entities, and Native Hawaiian organizations, Letters of Intent must be received through the NTIA application portal or email (digitalequity@ntia.gov) no later than 11:59 p.m. Eastern Daylight Time (EDT) on July 12, 2022, or, if submitted by mail or courier, postmarked (for postal mail) or show clear evidence of mailing (for courier submissions) no later than 11:59 p.m.

Eastern Daylight Time (EDT) on July 12, 2022. Further application submission requirements and timelines for U.S. territories and possessions (other than Puerto Rico) and from Indian Tribes, Alaska Native entities, and Native Hawaiian organizations that timely submit a Letter of Intent will be provided to such applicants in a separate written communication.

1. States: Application Requirements Any State (including Puerto Rico and the District of Columbia) applying for a State Digital Equity Planning Grant must submit an application that includes the following information:

a. A description of the entity selected to serve as the Administering Entity for the State (see definitions set forth in Section I.C of this NOFO).

b. A certification from the State that, not later than one (1) year after the date on which the Assistant Secretary awards the planning grant to the State, the Administering Entity for that https://broadbandusa.ntia.gov/

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State shall develop a State Digital Equity Plan. Such Digital Equity Plan shall comply with the requirements of Section 60304(c) of the Infrastructure Act. The Administering Entity shall submit the Digital Equity Plan to the Assistant Secretary within the one-year statutory deadline.

c. The assurances required under Section 60304(e) of the Infrastructure Act with respect to the State’s Administering Entity.11

d. A narrative describing the grant project and activities to be funded by the State Digital Equity Planning Grant Program and how these activities will support the development of a State Digital Equity Plan, as specified in Section IV.C of this NOFO.

e. Detailed Budget and Budget Narrative: All budget information must support the dollar amounts identified in the SF-424 and SF-424A and demonstrate that the project or activity meets the eligible use requirements in the Infrastructure Act and this NOFO. The Budget Narrative must explain the necessity and basis for all costs, clearly correspond to the information included in a Detailed Budget, in the form of a spreadsheet, and reflect only allowable costs that are consistent with the project scope. The Detailed Budget spreadsheet must reflect the cost categories that appear on the SF-424 and SF-424A and include itemized calculations for each cost placed under those categories. The spreadsheet must be formatted to fit letter-sized paper (8.5” x 11”).

f. The following standard grant forms and documentation:

a. Standard Form 424: Application for Federal Assistance

b. Standard Form 424A: Budget Information for Non-Construction Programs

c. CD-511 Certification Regarding Lobbying

d. Standard Form LLL, Disclosure of Lobbying Activities (if applicable); and

e. Negotiated Indirect Cost Rate Agreement (as applicable)

States that comply with the application requirements and that are deemed eligible to receive planning grant funds will be informed of their final award allocation amounts once NTIA reviews applications and makes determinations with respect to any challenges. If a final award amount differs from the tentative amount listed in this NOFO, NTIA may amend the award amount for the affected State. Applicants should bear in mind that the funding allocations listed in Section II.C.2 of this NOFO could change based on the number of applicants that apply for funding and that changes to the funding allocations could occur prior to or after an award has been made, depending upon when the initial application is submitted, reviewed, and when the revised formula allocations are determined by NTIA. If the allocation amount for an award changes from the tentative amounts listed in Section II.C.2 of this NOFO, NTIA will provide instructions to the applicant regarding the revised application materials that must be submitted for review and the associated award process for their application.

11 See Appendix B, which reproduces Section 60304(e).

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2. U.S. Territories and Possessions: Letters of Intent Territories and possessions of the United States other than Puerto Rico that wish to develop their own digital equity plans shall each submit a Letter of Intent to the Assistant Secretary signed by the territory or possession’s governor or equivalent official. The letter should describe the entity that would administer digital equity activities under this program, as well as specific activities the territory or possession intends to pursue in support of digital equity plan development.

Any U.S. territory or possession that submits a Letter of Intent with the required information will be deemed eligible to receive planning grant funds from the set-aside for territories and possessions as set forth in Section 60304(i)(3) of the Infrastructure Act. Application submission requirements and timelines for U.S. territories and possessions (other than Puerto Rico) that timely submit Letters of Intent will be provided to such applicants in a separate written communication. IV.B.2U.S. territories and possessions will be informed of their final allocations once NTIA processes Letters of Intent. Any interested U.S. territory or possession (other than Puerto Rico) must submit a Letter of Intent through either through (1) the NTIA application portal, (2) email, or (3) mail or courier by July 12, 2022.

3. Indian Tribes, Alaska Native Entities, and Native Hawaiian Organizations: Letters of Intent

Any Indian Tribe, Alaska Native entity, or Native Hawaiian organization that wishes to develop its own digital equity plan and/or participate in the development of relevant State Digital Equity Plans shall submit a Letter of Intent to the Assistant Secretary signed by its governing body.