NTIA.Tribal Broadband Connectivity Program.Final.OMB Cleared.pdf

Notice of Funding Opportunity – 1

NOTICE OF FUNDING OPPORTUNITY

TRIBAL BROADBAND CONNECTIVITY PROGRAM

EXECUTIVE SUMMARY

A. Federal Agency Name

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

B. Funding Opportunity Title

Tribal Broadband Connectivity Program

C. Announcement Type

Initial

D. Funding Opportunity Number

NTIA-TBC-TBCPO-2021-2006948

E. Assistance Listing (CFDA Number)

11.029, Tribal Broadband Connectivity Program

F. Key Dates

• Applications submitted online through the Grants.gov system must be received no later than 11:59 p.m. Pacific Daylight Time (PDT) on September 1, 2021.

• Applications submitted by postal mail or by courier service must be postmarked (for postal mail) or show clear evidence of mailing (for courier submissions) no later than 11:59 p.m. Pacific Daylight Time (PDT) on September 1, 2021.

• Applications submitted by electronic mail must be received no later than 11:59 p.m.

Pacific Daylight Time (PDT) on September 1, 2021.

• See Section D in the Full Announcement Text of this Notice of Funding Opportunity (NOFO) for detailed information concerning application submission requirements.

Eligible entities must submit a single application by the application deadline to be eligible for program funding. The Tribal Broadband Connectivity Program is not a formula or block grant program and a single application for funding must be timely submitted by an eligible entity to receive funding consideration from NTIA.

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G. Application Submission Address

Complete application packages may be submitted: (i) electronically through www.grants.gov;

(ii) through electronic mail; or (iii) by postal mail or courier. NTIA prefers that applicants use Grants.gov to submit their applications; however, applicants must submit complete application packages using only one of these methods and may not submit partial or duplicate applications using multiple methods of transmission. See Section D. of this NOFO for detailed information concerning application submission requirements.

Eligible entities may only submit a single application for funding pursuant to this program.

Accordingly, an eligible entities’ single application must include the total amount of funding being requested and must account for all projects that will utilize the requested funding. See Section C.3.a of this NOFO for additional information on the single application requirement.

H. Funding Opportunity Description

NTIA issues this NOFO to describe the requirements under which it will award grants for the Tribal Broadband Connectivity Program, authorized by the Consolidated Appropriations Act, 2021, Division N, Title IX, Section 905(c), Public Law 116-260, 134 Stat. 1182 (Dec. 27, 2020) (Act). The Tribal Broadband Connectivity Program provides new federal funding for grants to eligible entities to expand access to and adoption of: (i) broadband service on Tribal Land; or (ii) for programs that promote the use of broadband to access remote learning, telework, or telehealth resources during the COVID–19 pandemic. See Section A.

of this NOFO for the full description of this program.

Additionally, the American Rescue Plan Act of 2021 appropriated $10 billion to the U.S.

Department of the Treasury (Treasury) to establish the Coronavirus Capital Projects Fund to provide funding to states, territories, and Tribal Governments to carry out critical capital projects directly enabling work, education, and health monitoring, including remote options, in response to the public health emergency with respect to the Coronavirus Disease (COVID-19).1 NTIA is coordinating with Treasury to allow Tribal Governments to indicate their interest in receiving funding under the Treasury program when they submit their application for NTIA’s Tribal Broadband Connectivity Program in accordance with the process outlined in this NOFO. See Sections B.1 and D.2.d.3 of this NOFO for more information.

I. Funding Instrument

Grant.

J. Eligibility

Section 905(a)(8) of the Act specifies the following entities as eligible to receive grants pursuant to the Tribal Broadband Connectivity Program: (i) a Tribal Government; (ii) a Tribal College or

1 American Rescue Plan Act of 2021, Title IX, Subtitle M, Section 9901, Public Law 117-2 (March 11, 2021).

Section 9901 of the Act amends Title VI of the Social Security Act (42 U.S.C. 801 et seq.) to add Section 604, which establishes the Coronavirus Capital Projects Fund.

http://www.grants.gov/

Notice of Funding Opportunity – 3

University; (iii) the Department of Hawaiian Home Lands on behalf of the Native Hawaiian Community, including Native Hawaiian Education Programs; (iv) a Tribal organization; or (v) an Alaska Native Corporation. There are several instances where applicants will need to obtain a Tribal Government Resolution. Each “eligible entity” must coordinate internally (which includes all departments, subsidiaries, etc.) in submitting its single application. In an instance where one “eligible entity” is a subsidiary of another (e.g., a Tribal Government and a subsidiary Tribal College or University), this shall not affect the subsidiary’s eligibility to submit its own application, so long as it includes the requisite Tribal Government Resolution. See Section C of this NOFO for additional information concerning the eligibility requirements for this program.

K. Anticipated Amounts

NTIA will make up to $980,000,000 available for federal assistance under the Tribal Broadband Connectivity Program. In accordance with Section 905(c)(3)(A) of the Act, NTIA will allocate not less than 3% of the funds, or not less than $30,000,000, for the benefit of Native Hawaiians.

To further meet the equitable distribution requirement of the Act, NTIA will allocate up to $500,000 to each of the Federally Recognized Tribes delineated by the Department of the Interior’s Bureau of Indian Affairs in accordance with Section B.3 of this NOFO. The $500,000 allocation is not a funding cap for Federally Recognized Tribes, but rather is intended to ensure that program funding is equitably distributed by NTIA to all eligible entities, including Federally Recognized Tribes. The $30,000,000 and $500,000 allocations are not funding caps for the Department of Hawaiian Home Lands or for Federally Recognized Tribes, respectively, but rather are intended to ensure that program funding is equitably distributed by NTIA to all eligible entities.

NTIA expects to make awards under this program within the following funding ranges:

Broadband Infrastructure Deployment Projects: $1,000,000 to $50,000,000.

Broadband Adoption and Use Projects: $50,000 to $2,500,000.

These funding ranges are not required minimums and maximums, but eligible entities requesting funding for projects outside of these ranges must provide a reasonable explanation for the variance in their project size. The period of performance for grants issued pursuant to this program is one year; however, the Grants Officer may extend the period of performance beyond one year for broadband infrastructure projects. See Section B of this NOFO for additional information pertaining to award amounts and to the period of performance for grants issued pursuant to this NOFO.

L. Cost Sharing/Matching

The Act authorizing the establishment of the Tribal Broadband Connectivity Program does not contain a statutory cost sharing or matching funds requirement. NTIA will not require an eligible entity applying for a grant under the Tribal Broadband Connectivity Program to provide a non-federal cost contribution. See Section C of this NOFO for more information pertaining to the cost sharing requirements for this program.

Notice of Funding Opportunity – 4

Table of Contents A. Program Description B. Federal Award Information C. Eligibility Information D. Application and Submission Information E. Application Review Information F. Federal Award Administration Information G. Federal Awarding Agency Contacts H. Other Information

FULL ANNOUNCEMENT TEXT

A. Program Description

NTIA issues this NOFO to describe the requirements under which it will award grants for the Tribal Broadband Connectivity Program, authorized by the Consolidated Appropriations Act, 2021, Division N, Title IX, Section 905(c), Public Law 116-260, 134 Stat. 1182 (Dec. 27, 2020) (Act).

1. Overview of the Tribal Broadband Connectivity Program. The Tribal Broadband Connectivity Program makes grants available to eligible entities, which include a Tribal Government, a Tribal College or University, the Department of Hawaiian Home Lands on behalf of the Native Hawaiian Community, including Native Hawaiian Education Programs, a Tribal organization, or an Alaskan Native Corporation, for the deployment and adoption of broadband service on Tribal Land and for programs that promote the use of broadband to access remote learning, telework, or telehealth resources during the COVID–19 pandemic. Grant funds available under this program may be used for the following purposes:

(A) Broadband infrastructure deployment projects, including support for the establishment of carrier-neutral submarine cable landing stations; and

(B) Projects that promote the adoption and use of broadband services, including:

(i) affordable broadband programs, such as providing free or reduced-cost broadband service and preventing disconnection of existing broadband service;

(ii) distance learning;

(iii) telehealth;

(iv) digital inclusion efforts; and

(v) broadband adoption activities.

NTIA recognizes the challenges facing Indian tribes, and organizations that primarily serve and represent Native Hawaiians during the COVID-19 pandemic. Access to reliable high-speed Internet has never been more essential to Native American communities. And yet, only 46.6% of housing units on rural Tribal Lands have access to broadband service.2 Insufficient broadband access and adoption not only “inhibits individuals’ access to education, health, telework, and

2 Federal Communications Commission (FCC), 2020 Broadband Deployment Report, FCC-20-50Al (Apr. 24, 2020) https://docs.fcc.gov/public/attachments/FCC-20-50A1.pdf.

https://docs.fcc.gov/public/attachments/FCC-20-50A1.pdf

Notice of Funding Opportunity – 5 economic resources, but also impedes Tribes’ efforts to achieve self-governance and self-determination.”3

The purpose of the Tribal Broadband Connectivity Program is to improve the quality of life, spur economic development and commercial activity, create opportunities for remote employment and online entrepreneurship, remote learning, and telehealth by expanding broadband access and providing digital training and inclusion programs to Native American communities. In implementing and administering this grant program, NTIA will ensure that necessary investments are designed to provide an adequate minimum level of service and are unlikely to be made using private sources of funds.

a. Broadband Infrastructure Deployment. The Tribal Broadband Connectivity Program invites project proposals for the deployment of broadband infrastructure on Tribal Lands, including support for the establishment of carrier-neutral submarine cable landing stations. Such infrastructure deployment projects may involve the construction of middle mile or last mile networks as well as interconnection. Applicants may propose projects that deploy new broadband infrastructure, replace antiquated infrastructure, or upgrade or extend existing infrastructure. For example, applicants may propose projects that utilize 2.5 GHz licenses or other licensed spectrum received from the Federal Communications Commission (FCC). NTIA requires construction of networks that use commercial grade equipment that will meet current needs and be scalable to meet future needs. Infrastructure can include, but is not limited to, cable, fiber, wireless, fixed wireless, and satellite. Applicants may propose the technology or technologies that best meets Tribal needs; however, NTIA encourages the submission of project proposals that deploy future-proof infrastructure to the extent feasible, e.g. fiber. If an applicant is not at the stage where it can submit a broadband construction project proposal, NTIA will accept project proposals to conduct planning, engineering, feasibility, or sustainability studies as part of the necessary steps to develop a technological solution for broadband deployment.

Section 905(c)(8) of the Act directs eligible entities to prioritize the construction of new broadband infrastructure proposals that will serve currently unserved households. NTIA will permit Tribes to self-certify the unserved status of proposed service areas within Tribal Lands, and lands providing services to Tribal members, with a description of how the Tribe determined that the area is unserved.

NTIA encourages infrastructure projects that enhance economic development and provide new jobs; expand education, telehealth, public safety and telework access; and support smart technologies for agriculture, manufacturing, utilities, and government operations and services on Tribal Lands. NTIA encourages all applicants to focus on the ongoing sustainability of their broadband infrastructure projects so that they can best serve Tribal communities for the long term.

It is important that necessary investments in broadband infrastructure be carried out in ways that produce high-quality infrastructure, avert disruptive and costly delays, and promote efficiency.

NTIA understands the importance of promoting workforce development and encourages

3 Department of the Interior, Bureau of Indian Affairs, National Tribal Broadband Strategy at 3 (Jan. 15, 2021), available at https://www.bia.gov/bia/ots/broadband.

https://www.bia.gov/bia/ots/broadband

Notice of Funding Opportunity – 6 recipients to ensure that broadband projects use strong labor standards, consistent with Tribal law, including project labor agreements and community benefit agreements that offer wages at or above the prevailing rate and include local hire provisions, not only to promote effective and efficient delivery of high-quality infrastructure projects but also to support the economic recovery through strong employment opportunities for workers. Using these practices in construction projects may help to ensure a reliable supply of skilled labor that would minimize disruptions, such as those associated with labor disputes or workplace injuries.

The Act requires eligible entities to complete their projects within one year of their receipt of grant funds. The Assistant Secretary, however, may extend the award period for broadband infrastructure construction projects if the eligible entity certifies that: (1) it has a plan for the use of the grant funds, (2) the construction project is underway, or (3) extenuating circumstances require an extension of time to allow the project to be completed.

b. Broadband Use and Adoption. The Tribal Broadband Connectivity Program invites project proposals that address the digital divide on Tribal Lands, including broadband and digital inclusion planning, training staff and Tribal community members, and providing technical support and capacity building for Tribal institutions. NTIA encourages efforts to develop programs and other resources that not only address immediate COVID-19-related concerns, but also build the capacity of Tribes to use broadband to provide ongoing and sustainable benefits to Native American/Alaska Native/Native Hawaiian communities. The Act requires eligible entities to expend their grant funds and complete their Broadband Use and Adoption projects within one year of receiving grant funds from NTIA. There are no time extensions available for Broadband Use and Adoption projects.

Applicants may request funding for Broadband Use and Adoption projects that have at least one of the following purposes:

i. Provides broadband education, awareness, training, access, equipment, and support to Native American/Alaska Native/Native Hawaiian serving anchor institutions including schools, libraries, medical and healthcare providers, Tribal colleges, public housing, workforce facilities and other community support organizations serving Native American/Alaska Native/Native Hawaiian populations;

ii. Provides affordable broadband programs to Native American/Alaska Native/Native Hawaiian communities, including providing free or reduced-cost broadband service and preventing disconnection of existing broadband service;

iii. Improves access to, and use of, broadband services by Native American/Alaska Native/Native Hawaiian anchor institutions to deliver telehealth, remote learning, digital inclusion and workforce development programs;

iv. Stimulates the adoption and use of broadband services by Native American/Alaska Native/Native Hawaiian communities for telehealth, remote learning, telework and entrepreneurship, economic growth, and job creation;

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v. Builds digital skills and workforce capacity in Native American/Alaska Native/Native Hawaiian communities;

vi. Assesses Native American/Alaska Native/Native Hawaiian community needs and conducts planning related to online education, telehealth, digital inclusion, workforce and digital skills development; and/or

vii. Gathers data and conducts evaluation of the digital inclusion and broadband adoption programs funded by the grant to determine their effectiveness and develop best practices to facilitate digital inclusion and broadband adoption by Native American/Alaska Native/Native Hawaiian communities on Tribal Lands.

NTIA issues this NOFO to invite eligible entities to submit applications pursuant to the Tribal Broadband Connectivity Program, provide information on the amount of funding available for award, discuss how it will allocate funds to qualifying applicants, give instructions on the application process, and describe the evaluation criteria for application review. The definitions applicable to this NOFO are set forth below.

2. Definitions. The following definitions, including certain definitions set forth in section 905(a) of the Act, are applicable to the Tribal Broadband Connectivity Program:

(a) Assistant Secretary— means the Assistant Secretary of Commerce for Communications and Information.

(b) Broadband or Broadband Service—has the meaning given the term “broadband internet access service” in 47 C.F.R. § 8.1(b), or any successor regulation.

(c) Commission—means the Federal Communications Commission.

(d) Community Anchor Institutions—means schools, libraries, medical and healthcare providers, public safety entities, public housing authorities, institutes of higher education and other community support organizations that provide outreach, access, equipment and support services to facilitate greater use of broadband service by the entire population and local governments.

(e) Department—means the Department of Commerce.

(f) Eligible Entity— means—

(i) a Tribal Government;

(ii) a Tribal College or University;

(iii) the Department of Hawaiian Home Lands on behalf of the Native Hawaiian Community, including Native Hawaiian Education Programs;

(iv) a Tribal organization; or

(v) a Native Corporation.

(g) Enforceable Buildout Commitment—means, in the context of the definition of unserved set forth in Section A.2.o of this NOFO, a legally binding agreement, which includes a Tribal

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Government Resolution, between the Tribal Government of the Tribal Lands in the proposed service area, or its authorized agent, and a service provider offering “qualifying broadband service” to unserved households on those Tribal Lands.

(h) Native Corporation—has the meaning given the term in section 3 of the Alaska Native Claims Settlement Act 11 (43 U.S.C. 1602).

(i) Native Hawaiian—has the meaning given the term in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221).

(j) Qualifying Broadband Service—means broadband service with— (i) a download speed of not less than 25 megabits per second; (ii) an upload speed of not less than 3 megabits per second;

and (iii) a latency sufficient to support real time, interactive applications. For purposes of this program, NTIA will interpret the 25/3 standard to mean the ability to provide 25 Mbps downstream and 3 Mbps upstream simultaneously to every household in the eligible service area.

NTIA will interpret latency to mean 95 percent or more of all peak period measurements of network round trip latency (i.e., the total round-trip latency between the customer premises and the closest designated Internet core peering interconnection point) are at or below 100 milliseconds.4

(k) State—means any State of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.

(l) Tribal Government—means the governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually recognized (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).5

(m) Tribal Land—means— (A) any land located within the boundaries of— (i) an Indian reservation, pueblo, or rancheria; or (ii) a former reservation within Oklahoma; (B) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— (i) in trust by the United States for the benefit of an Indian Tribe or an individual Indian;

(ii) by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (iii) by a dependent Indian community; (C) any land located within a region established pursuant to section 7(a) of the Alaska Native Claims Settlement Act (43

4 These standards are consistent with the manner in which other federal support programs apply these terms. See Rural Utilities Service, Department of Agriculture, Funding Opportunity Announcement and Solicitation of Application for Second Round of the Reconnect Program, 84 Fed. Reg. 67913, 67918 (Dec. 12, 2019), available at https://www.govinfo.gov/content/pkg/FR-2019-12-12/pdf/2019-26522.pdf; In the Matter of Rural Digital Opportunity Fund, Connect America Fund, WC Docket Nos. 19-126, 10-90, FCC 20-5, at ¶ 32 (Feb. 7, 2020), available at https://docs.fcc.gov/public/attachments/FCC-20-5A1.pdf 5 See Department of the Interior, Bureau of Indian Affairs, Indian Entities Recognized by and Eligible to Receive Services From the United States Bureau of Indian Affairs, 86 Fed. Reg. 7554 (Jan. 29, 2021), available at https://www.govinfo.gov/content/pkg/FR-2021-01-29/pdf/2021-01606.pdf https://www.govinfo.gov/content/pkg/FR-2019-12-12/pdf/2019-26522.pdf https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdocs.fcc.gov%2Fpublic%2Fattachments%2FFCC-20-5A1.pdf&data=04%7C01%7CJDuane%40ntia.gov%7Ce784c2bb30944c3e321008d910bd0892%7Cd6cff1bd67dd4ce8945dd07dc775672f%7C0%7C0%7C637559226341806264%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=%2FNhJ5tr6CjCk%2BYHhB4PngW4iJmpGbEvTS1D1rnPxYHs%3D&reserved=0 https://www.govinfo.gov/content/pkg/FR-2021-01-29/pdf/2021-01606.pdf

Notice of Funding Opportunity – 9

U.S.C. 8 1606(a)); (D) Hawaiian Home Lands, as defined in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221); or (E) those areas or communities designated by the Assistant Secretary of Indian Affairs of the Department of the Interior that are near, adjacent, or contiguous to reservations where financial assistance and social service programs are provided to Indians because of their status as Indians.

(n) Tribal Organization—is defined in 25 U.S.C. § 5304(l) and means the recognized governing body of any Indian tribe; any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities: provided, that in any case where a contract is let or grant made to an organization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant.

(o) Unserved—with respect to a household, means— (A) the household lacks access to qualifying broadband service; and (B) no broadband provider has been selected to receive, or is otherwise receiving, Federal or State funding subject to enforceable build out commitments to deploy qualifying broadband service in the specific area where the household is located by dates certain, even if such service is not yet available, provided that the Federal or State agency providing the funding has not deemed the service provider to be in default of its buildout obligations under the applicable Federal or State program.

B. Federal Award Information

1. Funding Availability

NTIA will make up to $980,000,000 available for federal assistance under the Tribal Broadband Connectivity Program, which will be allocated to eligible entities as described in Section B.3 of this NOFO.

Additionally, the American Rescue Plan Act of 2021 appropriated $10 billion to the Treasury Department to establish the Coronavirus Capital Projects Fund to provide funding to states, territories, and Tribal Governments to carry out critical capital projects directly enabling work, education, and health monitoring, including remote options, in response to the public health emergency with respect to the Coronavirus Disease (COVID-19).6 A focus of the Capital Projects Fund on the continuing need for connectivity in response to the COVID-19 pandemic complements the broader range of uses, including for broadband infrastructure, of the American Rescue Plan’s separate $350 billion Coronavirus State and Local Fiscal Recovery Funds.7 Capital projects include investments in depreciable assets and the ancillary costs needed to put the capital assets in use. Under the American Rescue Plan, these projects must be critical in

6 American Rescue Plan Act of 2021, Title IX, Subtitle M, Section 9901, Public Law 117-2 (March 11, 2021).

Section 9901 of the Act amends Title VI of the Social Security Act (42 U.S.C. 801 et seq.) to add Section 604, which establishes the Coronavirus Capital Projects Fund.

7 Department of the Treasury, Coronavirus State and Local Fiscal Recovery Funds, Interim Final Rule, 86 Fed. Reg.

26786 (May 17, 2021).

Notice of Funding Opportunity – 10 nature, providing connectivity for those who lack it. The Capital Projects Fund thus allows for investment in high-quality broadband as well as other connectivity infrastructure, devices, and equipment, among other things.8 NTIA is coordinating with Treasury to allow Tribal Governments to indicate their interest in receiving funding under the Treasury program by providing a statement authorizing NTIA to share the complete application package that they submit for NTIA’s Tribal Broadband Connectivity Program with Treasury for consideration for funding under the Treasury program. See Section D.2.d.3 of this NOFO for more information on this process.

2. Project/Award Period

As established in section 905(c)(4)(B) of the Act, the award period for the Tribal Broadband Connectivity Program is one year from the receipt of grant funds. Furthermore, section 905(c)(4)(A)(i) of the Act requires an eligible entity to commit the funds in accordance with its approved application not later than 180 days after receiving grant funds under the Tribal Broadband Connectivity Program. Any grant funds not committed by an eligible entity by this deadline will revert to the general fund of the Treasury pursuant to section 905(c)(4)(A)(ii).

a. Extensions For Infrastructure Projects: The Assistant Secretary may extend the period required for the expenditure of funds under the Tribal Broadband Connectivity Program for an eligible entity that proposes to use the grant funds for construction of broadband infrastructure if the eligible entity certifies that:

(I) the eligible entity has a plan for use of the grant funds;

(II) the construction project is underway; or (III) extenuating circumstances require an extension of time to allow the project to be completed.

Extensions for the expenditure of award funds are not available for Broadband Use and Adoption Projects. Accordingly, all Broadband Use and Adoption Projects funded pursuant to this NOFO must be completed with one year of an eligible entity receiving grant funds from NTIA.

b. Petition for Extension: With respect to infrastructure projects, the eligible entity may submit a request for an extension of the one-year award period with its application or not later than ninety (90) calendar days before the end of the award period. This request for extension only applies to broadband infrastructure projects.

c. Reversion of Funds: NTIA will make any grant funds not expended by an eligible entity by the end of the one-year award period set forth in the Act available to other eligible entities for the purposes provided in the Tribal Broadband Connectivity Program, unless the eligible entity has received an extension from NTIA to complete its broadband infrastructure project.

8 This summary is available on Treasury’s website at https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-tribal-governments/capital-projects-fund.

https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-tribal-governments/capital-projects-fund https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-tribal-governments/capital-projects-fund

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d. Carry Over of Funds: If NTIA does not award all available grant funds in the first round, NTIA may use the remaining available funds in a second round of grant funding, which will be publicly announced through NTIA’s issuance of a new NOFO.

e. Treatment of Unallocated Funds

(i) In General.— In accordance with section 905(e)(2)(F) of the Act, if an eligible entity does not submit an application by the deadline established under this NOFO, or the Assistant Secretary does not approve an application submitted by an eligible entity under this NOFO, the Assistant Secretary will make the amounts allocated for the eligible entity available to other eligible entities on an equitable basis. If a Tribal Government does not submit an application to receive its minimum allocation of up to $500,000 during this round of funding, NTIA will allow the Tribal Government to apply for this funding during a second process described below, if any funding remains.

(ii) Second Process.— NTIA will initiate a second notice and application process to reallocate any funds that remain available after awarding grants to eligible entities that submitted approved applications during this round of funding for the Tribal Broadband Connectivity Program.

3. Award Amount

In accordance with section 905(c)(3)(A) of the Act, NTIA will make the amounts appropriated under the Tribal Broadband Connectivity Program available to eligible entities on an equitable basis. In this connection, not less than 3% of the total amount of program funding, or $30,000,000, will be allocated to the Department of Hawaiian Home Lands on behalf of the Native Hawaiian Community as the eligible entity designated in section 905(a)(8) of the Act. To further meet the equitable distribution requirement of the Act, NTIA will allocate up to $500,000 to each of the Federally Recognized Tribes delineated by the Department of the Interior’s Bureau of Indian Affairs (including those listed parenthetically). The $30,000,000 and $500,000 allocations are not funding caps for the Department of Hawaiian Home Lands or for Federally Recognized Tribes, respectively, but rather are intended to ensure that program funding is equitably distributed by NTIA to all eligible entities.

Importantly, all eligible entities, including but not limited to the Department of Hawaiian Home Lands and Federally Recognized Tribes, must submit a single application by the application deadline to be eligible for program funding. The Tribal Broadband Connectivity Program is not a formula or block grant program and an application for funding must be timely submitted by an eligible entity to receive funding consideration from NTIA. See Section C.3.a of this NOFO for more information on the single application requirement.

NTIA expects to make awards under this program within the following funding ranges:

Broadband Infrastructure Deployment Projects: $1,000,000 to $50,000,000 Broadband Use and Adoption Projects: $50,000 to $2,500,000

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These funding ranges are not required minimums and maximums, but eligible entities requesting funding for projects outside of these ranges must provide a reasonable explanation for the variance in their project size. An award recipient may use NTIA award funds for any of the eligible uses enumerated in Section A of this NOFO.

In addition, pursuant to section 905(c)(4)(B)(iii) of the Act, NTIA retains discretion to make supplemental awards (i.e., provide additional funding beyond the initial award) to an eligible entity to the extent that another eligible entity does not expend some or all of its grant funds during the other eligible entity’s period of performance.

4. Type of Funding Instrument

The funding instrument for awards made pursuant to the NOFO will be a grant.

C. Eligibility Information

1. Eligible Applicants

Section 905(a)(8) of the Act defines the entities eligible to apply for a Tribal Broadband Connectivity Program grant. Specifically, eligible entities include: (i) a Tribal Government;

(ii) a Tribal College or University; (iii) the Department of Hawaiian Home Lands on behalf of the Native Hawaiian Community, including Native Hawaiian Education Programs; (iv) a Tribal organization; or (v) an Alaska Native Corporation.

There are several instances where applicants will need to obtain a Tribal Government Resolution.

See Section C.3.c of this NOFO for more information about this requirement. Each eligible entity must coordinate internally (which includes all departments, subsidiaries, etc.) in submitting its single application. In an instance where one eligible entity is a subsidiary of another (e.g., a Tribal Government and a subsidiary Tribal College or University), this shall not affect the subsidiary’s eligibility to submit its own application, so long as it includes the requisite Tribal Government Resolution.

2. Cost Sharing or Matching

The Act authorizing the establishment of the Tribal Broadband Connectivity Program does not contain a statutory cost sharing or matching funds requirement. Accordingly, NTIA will not require an eligible entity applying for a grant under the Tribal Broadband Connectivity Program to provide non-federal cost share and will not give additional consideration during the evaluation process for applications containing non-federal cost share.

3. Other

a. Single Application. Section 905(e)(2)(C) of the Act states that an eligible entity may submit only one application for the Tribal Broadband Connectivity Program. Accordingly, each eligible entity must coordinate internally (which includes all departments, subsidiaries, etc.) in submitting its single application. An eligible entities’ single application must include the total amount of funding being requested, and must account for all Broadband Infrastructure

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Deployment Projects and all Broadband Use and Adoption Projects, that will utilize the requested funding.

b. Encouragement of Consortium or Regional Applications. NTIA encourages a regional approach to Broadband Infrastructure Deployment Projects through the submission of an application on behalf of a consortium or of multiple Tribal partners (each of which must be an eligible entity) that cover regional infrastructure gaps or other eligible projects in the most cost-effective manner, while providing access to those communities that meet the definition of “unserved” per the statute. Similarly, NTIA encourages eligible entities to collaborate or participate as part of a consortium for Broadband Use and Adoption Projects.

c. Tribal Consent and Authorization.

i. Broadband Infrastructure Deployment. Each Eligible Entity applying for Broadband Infrastructure Deployment funds is required to submit a Resolution of Consent from each Tribal Government, from the Tribal Council of the appropriate governing body, upon whose Tribal Lands the infrastructure will be deployed.

• For Tribal Organizations and Tribal Colleges, even when the Tribal Government is a founding member, a Resolution of Consent must still be obtained.

• In the case of consortiums, a Tribal resolution is required from each Tribal Government participating in the project.

• For Broadband Infrastructure Deployment Projects on Tribal Lands in Hawaii, consent must be obtained from the Department of Hawaiian Home Lands.

• For Broadband Infrastructure Deployment Projects on Tribal Lands in Alaska, all applicants must notify all Tribal Governments within their proposed service area. Any Tribal Government located in a proposed service area may choose to define the area for which it will require Consent. The area defined by the Tribal Government must include their local presence and Tribal Member Households, and be submitted to NTIA. The Tribal Government may use information submitted in other proceedings, such as the FCC 2.5GHz Tribal Priority Window. If there is overlap between more than one Tribal Governments’ definition of their area, the overlapping Tribal Governments will be given an opportunity to cure by working together to resolve.

If a Tribal Government is not meeting due to COVID-19 restrictions or will not meet during the application window outlined in the NOFO, NTIA will allow the submission of a Letter of Consent from the Governing Body of the Tribe with the application. NTIA will provide an opportunity to cure missing Resolutions of Consent during review of the application and before the application is approved.

ii. Broadband Adoption and Use. Eligible Entities are strongly encouraged to coordinate with one another so that there are no competing applications. If there are competing applications, the Eligible Entities may be given an opportunity to cure by working together to resolve any potential overlaps. Deference will be given towards Tribal Governments on their own Tribal Lands.

Notice of Funding Opportunity – 14

D. Application and Submission Information

1. Address to Request Application Package

Application forms and instructions are available on the Grants.gov website (www.grants.gov).

To access these materials, go to http://www.grants.gov, select “How to Apply for Grants,” and then select “Search for Opportunity Package.” Enter the CFDA number (11.029) and/or the funding opportunity number (NTIA-TBC-TBCPO-2021-2006948. Select “Grant Opportunity Package,” and then follow the prompts. To download the instructions, go to “Preview Opportunity Package” and select “Download Instructions.” NTIA recommends that applicants planning to file their applications through Grants.gov, visit the Grants.gov website prior to filing their applications so that they fully understand the process and requirements. Failure to properly register and apply for funds under the Tribal Broadband Connectivity Program by the deadline established in this NOFO may result in an eligible entity losing this grant opportunity.

Applications will be accepted until the deadline and are processed as received.

Applicants without Internet access may request a copy of the application materials by contacting the NTIA representative identified in Section G.1 of this NOFO.

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.

2. Content and Form of Applications

Applications for the Tribal Broadband Connectivity Program must follow the format described in this NOFO. Applications must be timely submitted in accordance with the application deadlines set forth in Section D.4 of this NOFO. NTIA prefers that applicants use Grants.gov to submit their application. Applications submitted by mail may be in hard copy (paper) or electronic format (e.g., CD–ROM, disk, or thumb drive). NTIA will also accept applications submitted by email to broadbandusa@ntia.gov. Applications submitted by email should be machine-readable and should not be copy-protected.

An eligible entity may elect to participate as a lower-tier member of a consortia in connection with the submission of a comprehensive application for a Broadband Infrastructure Deployment Project covering Tribal Lands and also submit its own application as the primary recipient for a Broadband Use and Adoption Project.

A complete application packet for this round of the Tribal Broadband Connectivity Program consists of the following forms and required submissions, including the SF-424 Family Forms, Project Narrative, and Budget Narrative and Detailed Budget Justification, which are all discussed in Sections D.2.a through D.2.c below.

Section D.2.a describes the forms and documentation required from all applicants for a Tribal Broadband Connectivity Program grant. Applicants proposing a project that involves the deployment or construction of broadband infrastructure will submit the required forms and http://www.grants.gov/ mailto:broadbandusa@ntia.gov

Notice of Funding Opportunity – 15 documentation enumerated in Section D.2.a and Section D.2.b of this NOFO, including the Standard Form 424C Budget Information-Construction Programs. Applicants proposing a project for broadband adoption or digital inclusion activities will submit the required forms and documentation enumerated in Section D.2.a and Section D.2.c of this NOFO, including Standard Form 424A Budget Information-Non Construction Programs. Applicants proposing a project that contains both broadband infrastructure and broadband adoption/digital inclusion activities will submit the forms and documentation enumerated in both Section D.2.b (for the construction components) and Section D.2.c (for the non-construction components) as well as the documents described in Section D.2.a.

a. Forms and Documentation Required from ALL Applicants for a Tribal Broadband Connectivity Program Grant

i. Standard Form 424: Application for Federal Assistance

This is the title page (SF-424). This form (and all additional forms requiring a signature) must be signed by the applicant’s authorized organization representative (AOR). Electronic signatures submitted through www.grants.gov satisfy this requirement.

o SF-424, Item 8.d Zip/Postal Code field, should reflect the Zip code + 4 (#####-####) format.

o SF-424, Item 12, should list the NOFO number as NTIA-TBC-TBCPO- 2021-2006948.

o SF-424, Item 18, should list the total federal budget amount requested for the entire project.

o For SF-424, Item 21, the list of certifications and assurances is contained in SF-424B or SF-424D.

ii. CD–511 Certification Regarding Lobbying: Enter “NTIA-TBC-TBCPO-2021-

2006948” in the Award Number field. Enter the title of the application used in field 15 of the SF-424, or an abbreviation of that title, in the Project Name field.

iii. Standard Form LLL, Disclosure of Lobbying Activities (if applicable).

b. Required Forms and Documentation for Broadband Use and Adoption Projects

i. Standard Form 424A: Budget Information for Non-Construction Programs (SF- 424A) (required if application includes non-construction activities)

Applicants must complete this form and provide a budget summary for all proposed non-construction projects and activities to be funded by the grant funds.

ii. Standard Form 424B: Assurances for Non-Construction Programs (SF-424B) (required if application includes non-construction activities)

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The SF-424B is required for all applicants that have not updated their System for Award Management (SAM.gov) entity registration since February 2, 2019 to include the federal financial assistance Certifications and Representations (Certs and Reps). If an applicant has updated their SAM.gov entity registration since February 2, 2019 to include the certifications and representations, then the SF-424B is not required.

iii. Project Narrative for Broadband Use and Adoption Projects

The Project Narrative is a word-processed document of not more than 20 single- or 40 double-spaced pages responsive to the program description, statutory purposes, funding priorities, and the evaluation criteria set forth in this NOFO. The project narrative must identify specific tasks, measurable milestones and performance outcomes for Native American/Alaska Native/Native Hawaiian communities resulting from the proposed project activities. The Project Narrative shall include:

a. An executive summary of the project not to exceed two (2) pages. Please note, if an applicant’s proposal is selected for funding, NTIA may use all or a portion of the Executive Summary as part of a press release issued by NTIA, or for other public information and outreach purposes. Applicants are advised not to incorporate information that concerns business trade secrets or other confidential cultural, commercial, or financial information as part of the Executive Summary. See also 15 C.F.R. § 4.9(c) concerning the designation of business information by the applicant;

b. A description of the eligible entity applying for funds, and the qualifications and experience of key personnel responsible for implementing the proposed project;

o Table of Funded Project Participants and Unfunded Informal Collaborators. (Does not count toward the page limit). Provide a table that identifies all organizations that will participate in and contribute to the proposed activities, if funded, known at the time of the application submission. The table should consist of an alphabetically ordered list, by organization, of all Funded Project Participants and all Unfunded Informal Collaborators. The table should include the organization’s name, address, administrative role, scope of work (funded participants only) and proposed funding amount (funded participants only). Administrative roles are:

applicant, subrecipient, or contractor for funded participants; or collaborator if they will not receive funding.

o Resumes of Key Personnel. (Does not count toward page limit but are limited to one-page each). One-page resumes of no more than five key personnel from applicant (not subrecipients) may be included. Any information beyond one page for each resume and any additional resumes submitted will not be considered.

c. A description of the project objectives related to promoting broadband adoption, telehealth, remote education, workforce and economic development, digital inclusion and skills, or providing affordable broadband programs for Native American/Alaska Native/Native Hawaiian communities. Describe any existing

Notice of Funding Opportunity – 17 broadband and/or digital inclusion plans, or any planning activities to be conducted during the project;

d. A description of the Native American/Alaska Native/Native Hawaiian community needs, problems, or challenges that the proposed project will address along with a description of the project Native American/Alaska Native/Native Hawaiian beneficiaries, including information about demographics and service areas;

e. A description of the specific activities to be funded by the grant and the eligible uses of the funding;

f. A project plan describing all major project activities and timelines for implementation, including key milestones and when each major project activity will start and end. Describe how progress will be tracked;

g. A description of the project’s outcomes and the performance measures that will be used to evaluate the project’s success and the benefits delivered to Native American/Alaska Native/Native Hawaiian project beneficiaries. Include proposed metrics, data planned for collection and other evaluation methodologies (e.g., case studies, focus groups, surveys). Describe any planned tangible products from your project (such as curricula, guides, publications, reports relating to broadband adoption and digital inclusion programs). Describe how the benefits of the project will be sustained.

iv. Status as Eligible Entity. Applicants should provide information to demonstrate that they are in the category of eligible entities as defined in section 905(a)(8) of the Act.

v. Budget Narrative and Detailed Budget Justification

Applicants must submit a Detailed Budget Justification in the form of a spreadsheet, as well as a Budget Narrative in the form of a Word document. 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 Act and in this NOFO.

The Detailed Budget Justification spreadsheet must reflect the cost categories that appear in the 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”).

The Budget Narrative must explain the necessity and basis for all costs, clearly correspond to the information included in the Detailed Budget Justification spreadsheet, and reflect only allowable costs that are consistent with the project scope.