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Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Rules and Regulations
will be conducted by NAD and will be handled in accordance with 7 CFR part 11.
4284.1106

Conflict of interest.

a General. A situation in which a person has competing personal, professional, or financial interests that prevents the person from acting impartially.
b Assistance to employees, relatives, and associates. The Agency will process any requests for assistance under this subpart in accordance with 7 CFR part 1900, subpart D.
c Member/Delegate clause. No member of or delegate to Congress shall receive any share or part of this grant or any benefit that may arise therefrom; but this provision shall not be construed to bar, as a contractor under the grant, a publicly held corporation whose ownership might include a member of Congress.
4284.1107
references.

Statute and regulation
All references to statutes and regulations are to include any and all successor statutes and regulations.

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4284.1108 U.S. Department of Agriculture departmental regulations and laws that contain other compliance requirements.

a Departmental regulations. All projects funded under this subpart are subject to the provisions of the departmental regulations, as applicable, which are incorporated by reference herein.
b Equal opportunity and nondiscrimination. The Agency will ensure that equal opportunity and nondiscrimination requirements are met in accordance with the Equal Credit Opportunity Act, 15 U.S.C. 1691 et seq.
and 7 CFR part 15d, Nondiscrimination in Programs or Activities Conducted by the United States Department of Agriculture. The Agency will not discriminate against applicants on the basis of race, color, religion, national origin, sex, marital status, or age provided that the applicant has the capacity to contract; because all or part of the applicants income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act, 15 U.S.C. 1601 et seq.
c Civil rights compliance. Recipients of grants must comply with the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., Title VI of the Civil Rights Act of 1964, 42 U.S.C.
2000d et seq., and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.
794. This includes collection and
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maintenance of data on the race, sex, and national origin of the recipients membership/ownership and employees.
These data must be available to conduct compliance reviews in accordance with 7 CFR 1901.204.
1 Initial compliance reviews will be conducted by the Agency prior to funds being obligated.
2 Grants will require one subsequent compliance review following project completion. This will occur after the last disbursement of grant funds has been made.
d Environmental analysis. 7 CFR
part 1970 outlines environmental procedures and requirements for this subpart. Prospective applicants are advised to contact the Agency to determine environmental requirements as soon as practicable after they decide to pursue any form of financial assistance directly or indirectly available through the Agency. The applicant will be notified of all specific compliance requirements, including:
1 Any required environmental review must be completed by the Agency prior to the Agency obligating any funds or the applicant taking any action;
2 A site visit by the Agency may be scheduled, if necessary, to determine the scope of the review. An environmental review may include the publication of public notices, and consultation with State and Tribal Historic Preservation Offices and the U.S. Fish and Wildlife Service.
e Discrimination complaints1
Who may file. Persons or a specific class of persons believing they have been subjected to discrimination prohibited by this section may file a complaint personally, or by an authorized representative with USDA, Director, Office of Adjudication, 1400
Independence Avenue SW, Washington, DC 20250.
2 Time for filing. A complaint must be filed no later than 180 days from the date of the alleged discrimination, unless a request for a waiver of the 180day timeline is requested and the time for filing is extended by the designated officials of USDA or the Agency.
3 Filing a complaint. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD
3027, found online at https
www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call 866 6329992.

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Submit your completed form or letter to USDA by:
i Mail: U.S. Department of Agriculture, Office of Adjudication, 1400 Independence Avenue SW, Washington, DC 202509410;
ii Fax: 202 6907442; or iii Email: OAC@usda.gov.
4284.1109

Ineligible applicants.

Applicants will be ineligible to receive funds under this subpart as discussed in paragraphs a and b of this section.
a If the applicant has an outstanding judgment obtained by the U.S. in a Federal Court other than in the United States Tax Court, is delinquent in the payment of Federal income taxes, or is delinquent on a Federal debt, the applicant is not eligible to receive a grant until the judgment is paid in full or otherwise satisfied or the delinquency is resolved. The Agency will check the Do Not Pay System to verify this information.
b If the applicant is debarred or suspended from receiving Federal assistance, the applicant is not eligible to receive a grant under this subpart.
The Agency will check the System for Award Management SAM to determine if the applicant has been debarred or suspended.
4284.1110 General applicant, application, and funding provisions.

a Satisfactory progress. A lead applicant that has received one or more grants under this program must make satisfactory progress toward completion of any previously funded projects before the lead applicant will be considered for subsequent funding. Satisfactory progress is defined as 50% or greater of the previous RISE award being expended at the time the Agency makes its eligibility determination for a subsequent application.
b Application submittal.
Applications must be submitted in accordance with the provisions of this subpart unless otherwise specified in a Federal Register notice. Grant applications for financial assistance under this subpart may be submitted at any time with awards made annually based on the applications score and subject to available funding.
c Limit on number of applications.
An applicant can apply for and compete only one RISE project under this subpart per Federal fiscal year, unless otherwise noted in a Federal Register notice.
d Application modification. Once submitted and prior to Agency award, if an applicant significantly modifies its application or scope of work, the application will be treated as a new
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