To receive a RES or EEI grant under this subpart, an Applicant must meet the requirements specified in paragraphs (a) through (e) of this section. If an award is made to an Applicant, that Applicant (grantee) must continue to meet the requirements specified in this section. If the grantee does not, then grant funds may be recovered from the grantee by the Agency in accordance with Departmental Regulations.
Terms Used In 7 CFR 4280.112
- Agency: The Rural Business-Cooperative Service (RBS) or successor agency assigned by the Secretary of Agriculture to administer the Rural Energy for America Program. See 7 CFR 4280.103
- Agricultural Producer: An individual or entity directly engaged in the production of agricultural products, including crops (including farming). See 7 CFR 4280.103
- Applicant: (1) Except for EA and REDA grants, the Agricultural Producer or Rural Small Business that is seeking a grant, guaranteed loan, or a combination of a grant and loan, under this subpart. See 7 CFR 4280.103
- Contract: A legal written agreement that becomes binding when signed.
- Departmental Regulations: The regulations of the USDA's Office of Chief Financial Officer (or successor office) as codified in 2 CFR chapter IV. See 7 CFR 4280.103
- Qualified Consultant: An independent third-party individual or entity possessing the knowledge, expertise, and experience to perform the specific task required. See 7 CFR 4280.103
- Rural Small Business: A Small Business that is located in a Rural Area or that can demonstrate the proposed project for which assistance is being applied for under this subpart is located in a Rural Area. See 7 CFR 4280.103
(a) Type of Applicant. The Applicant must be an Agricultural Producer or Rural Small Business.
(b) Ownership and control. The Applicant must:
(1) Own or be the prospective owner of the project; and
(2) Own or control the site for the project described in the application at the time of application and, if an award is made, for the useful life of the project as described in the Financial Assistance Agreement.
(c) Revenues and expenses. The Applicant must have available at the time of application satisfactory sources of revenue in an amount sufficient to provide for the operation, management, maintenance, and any debt service of the project for the useful life of the project. In addition, the Applicant must control the revenues and expenses of the project, including its operation and maintenance, for which the assistance is sought. Notwithstanding the provisions of this paragraph, the Applicant may employ a Qualified Consultant under contract to manage revenues and expenses of the project and its operation and/or maintenance.
(d) Legal authority and responsibility. Each Applicant must have the legal authority necessary to apply for and carry out the purpose of the grant.
(e) Universal identifier and System for Awards Management (SAM). Unless exempt under 2 CFR 25.110, the Applicant must:
(1) Be registered in the SAM prior to submitting an application;
(2) Maintain an active SAM registration with current information at all times during which it has an active Federal award or an application under consideration by the Agency; and
(3) Provide its Dun and Bradstreet Data Universal Numbering System (DUNS) number in each application it submits to the Agency. Generally, the DUNS number is included on Standard Form-424, “Application for Federal Assistance”.