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Treasury, Capital Projects Fund Guidance for States, Territories, and Freely Associated States

Summary

Treasury's September 2021 guidance to states, territories and freely associated states on the Coronavirus Capital Projects Fund, the $10 billion fund created by Section 604 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021. It is not a competitive program; applicants submit an Application and a Grant Plan. Eligible states are the 50 states, the District of Columbia and Puerto Rico, alongside seven territories and freely associated states. A project must invest in capital assets that directly enable work, education and health monitoring and address a critical need that the pandemic caused, exposed or worsened. Broadband projects are presumptively eligible if they deliver symmetrical 100 Mbps, or at least 100 Mbps download and 20 Mbps upload where that is impracticable, scalable to 100 Mbps symmetrical.

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“Treasury, Capital Projects Fund Guidance for States, Territories, and Freely Associated States.” Original at home.treasury.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/treasury-capital-projects-fund-guidance-for-states-territories-and-fre-680b41dfa2/, SHA-256 bb04cd820d8d5cfa741b14df305bef0d8964a30760a2cba0fec8585c7798a3ed.

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GUIDANCE FOR THE CORONAVIRUS
CAPITAL PROJECTS FUND
FOR STATES, TERRITORIES & FREELY
ASSOCIATED STATES


U.S. Department of the Treasury
              GUIDANCE FOR THE CORONAVIRUS CAPITAL PROJECTS FUND
               FOR STATES, TERRITORIES & FREELY ASSOCIATED STATES

                       U.S. Department of the Treasury | September 2021

INTRODUCTION

The U.S. Department of the Treasury (Treasury) is issuing this guidance regarding the
Coronavirus Capital Projects Fund (Capital Projects Fund), established by Section 604 of the
Social Security Act (the Statute), as added by Section 9901 of the American Rescue Plan Act of
2021 (American Rescue Plan). This guidance provides a summary of project eligibility and terms
and conditions, as well as information about the process for applying for a grant under the Capital
Projects Fund program. This guidance may be updated, revised, or modified, and Treasury may
waive these standards to the extent permitted by law.

The American Rescue Plan appropriated $10 billion to Treasury to provide payments to States,
territories, freely associated states, 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).” Treasury has
separately published the allocations available to each eligible entity in accordance with Section
604(b), which is available at: treasury.gov/CPF.

Although this is not a competitive grant program, States, territories, and freely associated states
must submit an Application and a Grant Plan; for Tribal Governments, the Application also serves
as their Grant Plan.

The Capital Projects Fund allows for investment in high-quality broadband infrastructure as well as
other connectivity infrastructure, devices, and equipment. Treasury encourages consultation with
the statewide entity or office that oversees broadband planning and implementation, where such
an entity or office exists, when planning for the use of Capital Projects Fund grant funding. In
addition to supporting broadband, it also provides flexibility for each State, territory, freely
associated state, and Tribal Government to make investments in other Capital Projects designed
to directly enable work, education, and health monitoring and that meet Treasury’s other criteria.
The Capital Projects Fund also provides flexibility for each Recipient to identify communities to be
served by Capital Projects, so long as the Recipient can demonstrate that said communities have
critical needs related to work, education, and health monitoring that the Capital Project intends to
address.

Treasury expects many Recipients will choose to use Capital Projects Fund grant funding for
Broadband Infrastructure Projects. The COVID-19 public health emergency highlighted that
access to high-quality internet can enable work, education, and health access, and that individuals
and communities that lack affordable access to such high-quality internet are at a marked
disadvantage. Investing in broadband for communities sensitive to or that have historically
experienced these inequities will be critical for improving digital equity and opportunity, especially
in the case of communities that currently lack access to the affordable, reliable, high-quality
broadband internet that is necessary for full participation in school, healthcare, employment, social
services, government programs, and civic life.




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    I.    AWARD TERMS AND CONDITIONS

This Section describes the overall structure and terms of the assistance, including key information
on Eligible Applicants, allocations, Capital Projects eligible for funding, eligible and ineligible costs,
labor practices, and the period of performance. This guidance is not intended to provide a
comprehensive listing of the award terms and conditions. Such terms and conditions will be
contained in the Grant Agreement.

          A. ELIGIBLE APPLICANTS

Section 604 identifies States, certain territories and freely associated states, and Tribal
Governments, as the entities eligible to apply for a Capital Projects Fund grant (“Eligible
Applicants”).

    •    Eligible states (“States”) are each of the 50 states, the District of Columbia, and Puerto
         Rico. 1

    •    The seven eligible territories and freely associated states are the United States Virgin
         Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the
         Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of
         Palau. 2

    •    An eligible Tribal government 3 is the recognized governing body of any Indian or Alaska
         Native tribe, band, nation, pueblo, village, community, component band, or component
         reservation, individually identified (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). 4 The State of Hawaii, for
         exclusive use of the Department of Hawaiian Home Lands and the Native Hawaiian
         Education Programs to assist Native Hawaiians, is also eligible to apply for funding under
         this funding category.

Capital Projects Fund Recipients may award funds to Subrecipients, such as other levels or units
of government (e.g., municipalities or counties), non-profits, or private entities. For example, for
Broadband Infrastructure Projects, Subrecipients may include co-operatives, electric utilities, and
other entities that build or operate broadband networks, including networks that are owned,
operated by, or affiliated with local governments. 5




1 Section 604(d)(2).
2 Section 604(b)(1)(B).
3 Section 604(d)(3) of the Capital Projects Fund Statute provides that the term “Tribal government” has the

same meaning given to the term in Section 602(g).
4 Available at https://www.federalregister.gov/documents/2021/01/29/2021-01606/indian-entities-recognized-

by-and-eligible-to-receive-services-from-the-united-states-bureau-of.
5 Subrecipients receive a subaward from a Recipient to carry out a Capital Project on behalf of the Recipient

with the Recipient’s federal award funding. Recipients are responsible for monitoring and overseeing
Subrecipients’ use of funds and other activities related to the award to ensure that the Subrecipient complies
with the statutory and regulatory requirements and the terms and conditions of the award. Recipients
remain responsible for reporting to Treasury on their Subrecipients’ use of funds.
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        B. ALLOCATIONS

Section 604 provides for a total of $10 billion for Treasury to make grants to Eligible Applicants to
carry out critical Capital Projects and directs the Secretary of the Treasury to make grants to the
Eligible Applicants in accordance with the allocation formula set forth in the Statute.

Treasury separately published on its website the allocations for each Eligible Applicant, along with
the methodology used for implementing the statutory allocation formula. These documents can be
accessed at: treasury.gov/CPF.

        C. PROJECT ELIGIBILITY

Section 604 authorizes Capital Projects Fund Recipients to use Capital Projects Fund grant funds
for critical Capital Projects that directly enable work, education, and health monitoring in response
to the COVID-19 public health emergency. Such Projects include remote options.

For a Capital Project to be an eligible use of Capital Projects Fund grant funds, it must meet all of
the following criteria:

   1. The Capital Project invests in capital assets designed to directly enable work, education,
      and health monitoring.
   2. The Capital Project is designed to address a critical need that resulted from or was made
      apparent or exacerbated by the COVID-19 public health emergency.
   3. The Capital Project is designed to address a critical need of the community to be served by
      it.

   a) Presumptively Eligible Projects

   •   Broadband Infrastructure Projects. The construction and deployment of broadband
       infrastructure projects (“Broadband Infrastructure Projects”) are eligible for funding under
       the Capital Projects Fund program if the infrastructure is designed to deliver, upon project
       completion, service that reliably meets or exceeds symmetrical download and upload
       speeds of 100 Mbps. If it would be impracticable, because of geography, topography, or
       excessive cost, for a Broadband Infrastructure Project to be designed to deliver services at
       such a speed, the Project must be designed so that it reliably meets or exceeds 100 Mbps
       download speeds and between 20 Mbps and 100 Mbps upload speeds and be scalable to
       a minimum of 100 Mbps symmetrical for download and upload speeds. Treasury
       encourages Recipients to focus on projects that will achieve last-mile connections.
       Recipients considering funding middle-mile projects are encouraged to have commitments
       in place to support new and/or improved last-mile service.

       Recipients are encouraged to prioritize investments in fiber-optic infrastructure where
       feasible, as such advanced technology better supports future needs. Treasury also
       encourages Recipients to prioritize Projects that involve broadband networks owned,
       operated by or affiliated with local governments, non-profits, and co-operatives—providers
       with less pressure to generate profits and with a commitment to serving entire
       communities.

       Treasury strongly encourages that the chief executive of the Eligible Applicant and/or the
       authorized representative consult with the statewide entity or office that oversees

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    broadband planning and implementation, where such an entity or office exists, when
    planning for the use of Capital Projects Fund grant funds.

    Recipients are encouraged to address affordability as a barrier to full use of the internet
    when developing their Program Plans for Broadband Infrastructure Projects. Affordability
    of broadband is necessary to directly enable its use by all Americans. Therefore, when
    selecting Broadband Infrastructure Projects for Capital Projects Fund grant funding,
    Recipients are required to consider whether the broadband service options offered by
    recipients of Capital Projects Fund grant funding will be affordable to their target markets in
    the proposed service area. Recipients are also encouraged to consult with the community
    as part of the process they undertake to consider affordability and are required to publish
    the description of their process for considering affordability in their project selection
    process. Additionally, Recipients are encouraged to require that services provided by a
    Capital Projects Fund-funded Broadband Infrastructure Project include at least one low-
    cost option offered at speeds that are sufficient for a household with multiple users to
    simultaneously telework and engage in remote learning. Recipients will be required to
    report pricing data as part of program performance and monitoring.

    Recipients are also required to ensure that the service provider for a completed Capital
    Projects Fund-funded Broadband Infrastructure Project participate in federal programs that
    provide low-income consumers with subsidies on broadband internet access services.
    Initially, Recipients will be required to ensure that completed service offerings funded by
    the Capital Projects Fund allow subscribers in the service area to utilize the Federal
    Communications Commission’s (FCC) Emergency Broadband Benefit (EBB) program.
    Once the FCC’s EBB program has terminated, Treasury will identify any other program(s)
    that service providers must participate in to meet this requirement. Treasury will not
    identify programs that would require the service provider to be designated as an eligible
    telecommunications carrier.

    Investments in Capital Projects must be carried out in ways that comply with applicable
    federal laws, including the 2019 National Defense Authorization Act (NDAA). Among other
    requirements contained in 2 C.F.R. Part 200, 2 C.F.R. 200.216 implements certain
    provisions of the NDAA and contains prohibitions on the use of grant funds to procure or
    obtain certain telecommunications and video surveillance services or equipment provided
    or produced by designated entities, including certain entities owned or controlled by the
    People’s Republic of China. In addition, 2 C.F.R. 200.471 provides that certain
    telecommunications and video surveillance costs associated with 2 C.F.R. 200.216 are
    unallowable.

    Recipients must explain why the communities they have identified to be served by
    Broadband Infrastructure Projects have a critical need for those projects as is related to
    access, affordability, reliability, and/or consistency. Additional discussion and explanation
    of critical needs can be found in Section I.C.c.3. Recipients are encouraged to prioritize
    projects that are designed to provide service to households and businesses not currently
    served by a wireline connection that reliably delivers at least 100 Mbps of download speed
    and 20 Mbps of upload speed. To the extent Recipients are considering deploying
    broadband to locations where there are existing enforceable federal or state funding
    commitments for reliable wireline service at speeds of at least 100 Mbps of download
    speed and 20 Mbps of upload speed, the Recipient should ensure that the Capital Projects
    Fund grant funding will not be used for costs that will be reimbursed by the other federal or

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        state funding stream(s). That is, Capital Projects Fund grant funds must be used only for
        complementary purposes. Recipients must ensure there is additional public benefit and a
        justification for using additional public funding to deploy to those locations. Treasury
        encourages Recipients to use all available federal and state datasets when making these
        determinations.

        When determining the communities to be served by Broadband Infrastructure Projects,
        Recipients may choose to consider any available data including but not limited to
        documentation of existing broadband internet service performance, federal and/or state
        collected broadband data, user speed test results, interviews with community members
        and business owners, reports from community organizations, and any other information
        they deem relevant.

        In evaluating such data, Recipients may take into account a variety of factors, including
        whether users actually receive internet service at or above speed thresholds at all hours of
        the day, whether factors other than speed such as latency or jitter, or deterioration of the
        existing connections make their user experience unreliable, and whether the existing
        service is being delivered by legacy technologies, such as copper telephone lines (typically
        using Digital Subscriber Line technology) or early versions of cable system technology
        (DOCSIS 2.0 or earlier), and other factors related to the services to be provided by
        Broadband Infrastructure Projects. Recipients may consider the actual experience of
        current broadband customers when making their determinations; and whether there is a
        provider serving the area that advertises or otherwise claims to offer broadband at a given
        speed is not dispositive.

    •   Digital Connectivity Technology Projects. The purchase and/or installation of
        devices and equipment to facilitate broadband internet access are eligible for funding
        under the Capital Projects Fund program where affordability has been identified by the
        Recipient as a barrier to broadband adoption and use. Permitted devices and
        equipment include laptops, tablets, and desktop personal computers 6 for distribution
        to members of the public through a short- or long-term loan program or to be made
        available for use in public facilities. Permitted equipment includes equipment installed
        as part of public wi-fi infrastructure (e.g., access points, repeaters, routers).

        Ownership of the equipment must be maintained by the Recipient or a Subrecipient.

        Recipients must explain why the communities they have identified to be served by Digital
        Connectivity Technology Projects have a critical need for those projects. Additional
        discussion and explanation of critical needs can be found in Section I.C.c.3.

        When determining the communities to be served by Digital Connectivity Technology
        Projects, Recipients may choose to consider any available data including but not limited to
        documentation of existing broadband internet service performance and pricing; federal
        and/or state collected broadband data; user speed test results; federal and/or state
        collected data, such as the American Community Survey, the U.S. Department of

6 Devices, such as phones and televisions, that do not permit users to fully participate in work (e.g., by

providing access to fully functional remote video conferences, and necessary work applications), school
(e.g., by allowing full participation in remote video classrooms and group projects, as well as the ability to
draft and edit complex writing assignments), and health monitoring activities would not qualify as eligible
Digital Connectivity Technology Projects under the Capital Projects Fund program.
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    Commerce – National Telecommunications and Information Administration’s Indicators of
    Broadband Need Map, or the U.S. Department of Housing and Urban Development’s
    Qualified Census Tracts, related to internet use, device ownership, income, and poverty;
    interviews with community members and business owners; reports from community
    organizations; and any other information they deem relevant.

•   Multi-Purpose Community Facility Projects. Projects to construct or improve buildings
    that are designed to jointly and directly enable work, education, and health monitoring are
    eligible for funding under the Capital Projects Fund program. Examples of Multi-Purpose
    Community Facility Projects are:

    •    Projects to construct or improve full-service community schools that provide a
         comprehensive academic program to their students and adult education in the
         community at large; health monitoring to their students and the community; and
         workforce training or career counseling services that provide community members with
         the knowledge needed to engage in work, including digital literacy training programs.

    •    Projects to construct or improve libraries that provide public access to the internet for
         purposes including work, education, and health monitoring such as offering digital skills
         programs and support for community members engaging in virtual learning.

    •    Projects to construct or improve community health centers that, in addition to engaging
         in health monitoring, provide a broader range of services to the communities they
         serve, including activities such as access to job counseling employment services, as
         well as health education classes or internship programs for medical professionals.

    Projects must be designed to jointly and directly enable work, education, and health
    monitoring, but these activities need not be the exclusive function or purpose of the
    Project. For example, a building, such as a library or community center providing the
    public with access to computers with high-speed internet service, can meet this criterion
    even if the completed Project is also used for other functions, such as community
    recreational activities.

    Recipients must explain why the communities they have identified to be served by Multi-
    Purpose Community Facility Projects have a critical need for such projects.

    When determining the communities to be served by Multi-Purpose Community Facility
    Projects, Recipients may choose to consider any available data, including, but not limited
    to federal and/or state collected data, such as the American Community Survey or the U.S.
    Department of Housing and Urban Development’s Qualified Census Tracts, related to
    internet use, device ownership, income, poverty, health, education, and employment;
    interviews with community members and business owners; reports from community
    organizations; documentation of existing facilities providing similar or identical services to
    those the Capital Project is intended to provide; and any other information they deem
    relevant.

    Treasury will require Recipients to commit that the Capital Projects will provide services or
    activities that directly enable work, education, and health monitoring for at least five years
    from the completion of the Project.

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    b) Ineligible Projects and Projects Not Presumed to be Eligible

General infrastructure projects, such as highways, bridges, transit systems, and ports, are
ineligible under the Capital Projects Fund program. General construction and improvement of
hospitals and traditional schools are not presumed to be eligible, although, there may be
opportunities for such projects to receive funding under the Capital Projects Fund program if they
meet the project eligibility criteria. Such projects will be reviewed on a case-by-case basis.

    c) Case-by-Case Review

In addition to the presumptively eligible Capital Projects described above, a Recipient may
propose a different use of funds. Such a use must meet each of the statutory criteria. The
Recipient must demonstrate that its Project satisfies the criteria below.

    1. The Project invests in capital assets designed to directly enable work, education,
       and health monitoring.

        Investments in Capital Assets

Capital Project or Project means the construction, purchase, and installation of, and/or
improvements to capital assets 7 where the costs of such assets are capitalized or depreciated,
including ancillary costs necessary to put the capital asset to use.

Examples of capital assets include buildings, towers, digital devices and equipment, fiber-optic
lines, and broadband networks. Examples of ancillary costs include project costs related to
project planning and feasibility, broadband installation, and community engagement, broadband
adoption, digital literacy, and training associated with a planned or completed Project funded by
the Capital Projects Fund program.

      Projects that are Designed to Directly Enable Work, Education, and Health
Monitoring

A Capital Project is designed to directly enable all three activities (work, education, and health
monitoring) if the Project is designed to, upon completion, be used by community members while
engaged in work, education, and health monitoring or activities to obtain the knowledge or skills to
engage in such activities.

Projects must directly enable all three activities of work, education, and health monitoring.

    •   Work: Activities to help community members engage in employment, search for
        employment, and/or develop the requisite skills and knowledge to become employed (e.g.,
        participate in career counseling programs, workforce training programs, as well as gain
        access to internet websites to search for and apply to jobs).

        A Project is not considered to directly enable work simply because individuals are

7 Treasury does not intend for the definition of capital assets, as defined under Uniform Guidance, to limit

eligible investments under Capital Projects.
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       employed at the location of the completed Capital Project; rather, the asset itself must
       enable new and further employment opportunities beyond employment at the location of
       the completed Project. In addition, job creation related to project construction and
       operations (e.g., employment of construction workers) would not satisfy this requirement.

   •   Education: Activities to acquire knowledge and/or skills, undertaken as part of a person’s
       participation in school, an academic program, extracurricular program, social-emotional
       development program for students or youths, internship, or professional development
       program, or in another educational environment.

   •   Health Monitoring: Services to monitor an individual’s health, including with respect to
       either physical or behavioral health.

       Health monitoring activities are often conducted as part of telemedicine appointments with
       a healthcare provider, but these activities can be conducted in a variety of other ways,
       such as during in-person appointments with health care providers or as part of community
       health screening programs.

Recipients must show that the Project is designed to jointly and directly enable work, education,
and health monitoring; however, these activities need not be the exclusive function or purpose of
the Project. For example, construction of a building, such as a community center or library
providing the public with access to computers with high-speed internet service, can meet this
criterion even if the completed Project is also used for other functions, such as community
recreational activities.

To directly enable all three activities, the result of the Capital Project should be assets that offer
affordable services or are otherwise publicly accessible (e.g., public wi-fi).

       Directly Enabling Work, Education, and Health Monitoring after Completion of the
Project

Project eligibility is defined by the services that the completed Projects are designed to provide.
The exact services or activities may change over time, so long as the Capital Project directly
enables all three activities of work, education, and health monitoring for at least five years from the
completion of the Project.

   2. The Project will be designed to address a critical need that results from or was made
      apparent or exacerbated by the COVID-19 public health emergency.

Projects must be designed to address impediments to community members’ ability to directly
engage in work, education, and health monitoring that resulted from or were made apparent or
exacerbated by the COVID-19 public health emergency.

Recipients are expected to first identify one or more impediments to participation in work,
education, and health monitoring that resulted from or were made apparent or exacerbated by the
COVID-19 public health emergency and then identify how any such impediments would be
remediated with the Project.

Recipients have broad latitude to identify the specific conditions and circumstances that have

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impeded their community members’ ability to access work, education, and health monitoring
activities and services during the COVID-19 public health emergency and must be prepared to
provide a description of such conditions and circumstances in their Grant Plan. Recipients are
encouraged to solicit input from and engage with community members when identifying these
circumstances and conditions.

Treasury recognizes that there are some common impediments that were experienced by
communities across the country. As an example, potential exposures to the virus and public
health mitigation measures have made safely accessing work, school, and health monitoring
resources more difficult for many communities during the COVID-19 public health emergency.
The pandemic laid bare the limitations on access to high-quality, affordable, and reliable internet
experienced by many Americans, including individuals living in rural America, Tribal communities,
and low- and moderate-income communities, and increased reliance on high-quality internet for
access to services is expected to remain a feature of American life even after the pandemic
subsides. As such, Projects that enable remote access to services (e.g., Broadband Infrastructure
Projects, public computer facilities) meet the requirement to remediate a need that resulted from
or was made apparent or exacerbated by the COVID-19 public health emergency.

   3. The Project is designed to address a critical need in the community to be served by
      it.

The Project must be designed to address a critical need for the Project in the community to be
served by it. Communities with a critical need for the Project include those that do not have
access to the resources or services that are provided by the Project, whether because of the
physical absence or insufficiency within the community of the type of resources provided by the
Project, or because access to those resources is unaffordable, resulting in impediment(s) to
participation in work, education, and health monitoring that were caused or exacerbated by the
COVID-19 public health emergency. 8

Recipients have broad latitude to identify communities with a critical need for a Capital Project. In
assessing whether a community has such a need, Recipients may consider the existing capacity,
service quality, and ability to meet any relevant health, safety, or performance standards for the
relevant service to be provided.

Recipients are strongly encouraged to consider individuals and communities in greatest need in
identifying communities to be served by a Capital Project. 9 Historically disadvantaged
communities have experienced disproportionately poor work, education, and health outcomes, in
part due to lack of access to equitable resources and opportunities in these areas.

When determining the individuals and communities with a critical need that will be served by a
proposed Capital Project, Recipients may choose to consider any available data including federal
and/or state collected data; interviews with community members and business owners; reports
from community organizations; documentation of existing facilities providing similar or identical
services to those the Capital Project is intended to provide; and any other information they deem

8 Tribal Governments may identify communities with a critical need that are or are not located on Tribal

lands.
9 Targeting relief is in line with Executive Order 13985, “Advancing Racial Equity and Support for

Underserved Communities Through the Federal Government,” which laid out an Administration-wide priority
to support “equity for all, including people of color and others who have been historically underserved,
marginalized, and adversely affected by persistent poverty and inequality.”
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relevant.

         D. ELIGIBLE AND INELIGIBLE COSTS

Allowable costs are determined in accordance with the cost principles identified in 2 C.F.R. Part
200, Subpart E. 10 Federal funds committed to an award may only be used to cover allowable
costs incurred during the period of performance and for allowable closeout costs incurred during
the grant closeout process. Cost sharing is not a requirement for the use of these funds.

    a) Program Administrative Costs

Absent Treasury’s express consent, Program Administrative Costs over the period of performance
may not exceed the greater of five (5) percent of the total amounts of the grant received under the
Capital Projects Fund, or $25,000. The five percent limitation on administrative expenses includes
the combined total of indirect costs and direct administrative costs charged to an award. The term
“Program Administrative Costs” is defined as the costs of administering the Capital Projects Fund
grant funding by a Recipient, providing technical assistance to potential Subrecipients, and
complying with grant administration and audit requirements. Recipients may request a higher limit
on Program Administrative Costs by providing a rationale for the use of additional funds for
administrative purposes.

Consistent with 2 C.F.R. 200.414(f), Recipients that do not have a current negotiated indirect cost
rate may elect to charge indirect costs to an award pursuant to a de minimis rate of up to ten
percent of modified total direct costs (MTDC) for program administration, in which case a
negotiated indirect cost rate agreement is not required.

Recipients may use their negotiated cost rate agreement so long as the total of all administrative
costs incurred by the Recipient and any subrecipient, whether direct or indirect costs, do not
exceed any applicable limit on Program Administrative Costs.

As described in 2 C.F.R. 200.403, costs must be consistently charged as either indirect or direct
costs but may not be double charged or inconsistently charged as both.

    b) Project Costs

A Recipient may use funds to cover costs incurred during the period beginning March 15, 2021,
for one or more eligible Projects. For pre-award costs incurred after March 15, 2021, but prior to
execution of the Grant Agreement, Recipients are required to provide reasonable assurance that
the costs were incurred pursuant to the negotiation of and in anticipation of the Capital Projects
Fund award and are necessary for the efficient and timely performance of the Project. Such costs
are allowable only to the extent they would have been allowable if incurred after the date of the
Capital Projects Fund award and only with the written approval of Treasury.

Project costs are not limited to new construction. For example, Project costs can involve


10 The government has established a set of principles for determining eligible or allowable costs. Allowable
costs are determined in accordance with the cost principles applicable to the entity incurring the costs. For
example, the allowability of costs incurred by State, local or Tribal Governments is determined in
accordance with the provisions of 2 C.F.R. Part 200, Subpart E.

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improvements and repairs to buildings to permit the buildings to be used for eligible purposes.

Eligible Project Costs. Below is a non-exhaustive list of eligible costs:

 •     Costs associated with completing the grant or Application and Grant Plan;
 •     Pre-project development costs and uses, including data-gathering, feasibility studies,
       community engagement and public feedback processes, equity assessments and planning,
       and needs assessments; permitting, planning, architectural design, engineering design, and
       work related to environmental, historical, and cultural reviews;
 •     Costs of repair, rehabilitation, construction, improvement, and acquisition of real property,
       equipment (e.g., devices and office equipment), and facilities (e.g., telecommunications
       equipment, including infrastructure for backhaul, middle, and last mile networks);
 •     Cost of long-term leases (for terms greater than one year) of facilities required to provide
       qualifying broadband service, including indefeasible right-of-use (IRU) agreements and
       capital leases;
 •     Personnel costs including salaries and fringe benefits for staff and consultants required for
       carrying out a Capital Project (such as project managers, program directors, subject matter
       experts, equity consultants, grant administrators, financial analysts, accountants, and
       attorneys);
 •     Ancillary costs necessary to operationalize and put the capital assets to full use, including
       costs to increase broadband adoption and improve digital literacy;
 •     Costs associated with monitoring of and reporting on Projects in compliance with Treasury
       requirements, including award closeout costs;
 •     Costs associated with collecting and measuring performance data and conducting activities
       needed to establish and maintain a performance management and evaluation regime related
       to Projects funded by the Capital Projects Fund program.

Ineligible Project Costs. Unless otherwise permitted by Treasury, Capital Projects Fund grant
funds may not be used for the following purposes:

 •     Acquisition of spectrum licenses;
 •     Operating expenses, other than grant administration costs;
 •     Short-term operating leases;
 •     Payment of interest or principal on outstanding debt instruments, or other debt service
       costs incurred prior to March 15, 2021;
 •     Fees or issuance costs associated with the issuance of new debt;
 •     Satisfaction of any obligation arising under or pursuant to a settlement agreement,
       judgment, consent decree, or judicially confirmed debt restructuring plan in a judicial,
       administrative, or regulatory proceeding; or
 •     To support or oppose collective bargaining. This does not affect the ability to use funds to
       comply with 41 C.F.R. 60-1.4.

           E. STRONG LABOR PRACTICES IN CONSTRUCTION

It is important that investments in Capital Projects be carried out in ways that produce high-quality
infrastructure, avert disruptive and costly delays, and promote efficiency. Projects funded by the
Capital Projects Fund must comply with all applicable federal laws and regulations, and with all
requirements for state, local, and Tribal laws and ordinances to the extent that such requirements

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                                       U.S. Department of the Treasury
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do not conflict with federal laws.

While the federal Davis-Bacon Act prevailing wage rate requirements do not apply to Projects
funded solely by the Capital Projects Fund program, except for Capital Projects Fund-funded
construction Projects undertaken by the District of Columbia, 11 Treasury encourages Recipients to
ensure that Capital Projects incorporate strong labor standards, including project labor
agreements and community benefits 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. Treasury further encourages Recipients to prioritize
employers (including contractors and subcontractors) without recent violations of federal and state
labor and employment laws as a further measure that may minimize project disruptions and
delays.

Among other requirements contained in 2 C.F.R. 200, Appendix II, all contracts made by a
Recipient or Subrecipient in excess of $100,000 that involve employment of mechanics or laborers
must include a provision for compliance with certain provisions of the Contract Work Hours and
Safety Standards Act, 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 C.F.R. Part 5). And as noted below in Section III.C, Treasury will seek information
from Recipients on their workforce plans and practices related to Capital Projects Fund Projects,
as well as information about subcontracted entities.

Further, Treasury encourages Recipients to prioritize in their procurement decisions employers
who can demonstrate:
    • Their workforce meets high safety and training standards, including professional
        certification, licensure and/or robust in-house training;
    • Prioritization in hiring of local workers and/or workers from historically disadvantaged
        communities;
    • Direct employment of their workforce, or policies and practices in place to ensure
        contractors and subcontractors meet high labor standards; and
    • No recent violations of federal and state labor and employment laws.

         F. PERIOD OF PERFORMANCE

All funds must be expended by December 31, 2026, which is the end of the period of
performance. Recipients must return to Treasury any grant funds that are not used by the end of
the period of performance on December 31, 2026. Treasury may, in its sole discretion, grant
extensions to the period of performance upon request from Recipients.


11 Neither the Davis-Bacon Act nor Davis-Bacon Act related provisions requirements apply to projects

funded solely with award funds from the Capital Projects Fund, except for Capital Projects Fund-funded
construction projects undertaken by the District of Columbia. The Davis-Bacon Act specifically applies to the
District of Columbia when it uses federal funds (Capital Projects Fund or otherwise) to enter into contracts
over $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings
or public works. Recipients may be subject to the requirements of the Davis-Bacon Act, when Capital
Projects Fund grant funds are used on a construction project in conjunction with funds from another federal
program that requires enforcement of the Davis-Bacon Act. Additionally, corollary state prevailing-wage-in-
construction laws (commonly known as “baby Davis-Bacon Acts”) may apply to projects.
   Guidance for the Coronavirus Capital Projects Fund For States, Territories & Freely Associated States
                                      U.S. Department of the Treasury
                                                                                                           12
II.      GRANT PROCESS FOR STATES, TERRITORIES & FREELY ASSOCIATED STATES

  This section provides a summary of the steps for states, territories, and freely associated states to
  access Capital Projects Fund grant funds. The process for requesting Capital Projects Fund grant
  funding involves three main steps, described in detail below.
      1. Submission of an Application to Treasury establishing Applicant eligibility.
      2. Execution of a Grant Agreement with Treasury.
      3. Submission of Grant Plans to Treasury, which will be used by Treasury to assess proposed
         use of funds for alignment with Capital Projects Fund objectives and requirements.

              A. REQUIREMENTS

       For an Application and Grant Plan to be approved, each Applicant must:

         •   Demonstrate that it is an Eligible Applicant;
         •   Demonstrate that funds will be used for eligible Capital Projects, including how the
             funds will address critical needs of the communities to be served;
         •   Provide a Grant Plan for use of the funds;
         •   Demonstrate that program performance will be measured in a robust manner,
             measuring outputs and outcomes for Projects and Programs, through a program
             evaluation plan;
         •   Comprehensively respond to all Application and Grant Plan requirements; and
         •   Provide additional information as required by Treasury.

              B. APPLICATION CONTENTS

         a) Requested Grant Amount

      Eligible Applicants must specify the amount of Capital Projects Fund grant funding that they wish
      to receive, not to exceed their allocated amount (see Section I.B above). Eligible Applicants may
      request this amount or a smaller amount and may reduce their requested amount at a later date.
      However, Eligible Applicants may not increase their total requested amount after 365 days
      following the date that Treasury begins accepting Applications via the Capital Projects Fund Portal
      (“Capital Projects Fund Portal Launch”).

         b) Requested Amount for Program Administrative Costs

      Eligible Applicants must specify the amount of Capital Projects Fund grant funding for Program
      Administrative Costs that they wish to have access to following execution of the Grant Agreement.
      This amount may not generally exceed five percent of the total requested grant amount, or
      $25,000, whichever is greater. Recipients may request a higher limit on Program Administrative
      Costs by providing a rationale for the use of additional funds for administrative purposes. If
      Eligible Applicants request less than five percent of the total grant amount at the time of their
      Application, they may request the remaining amount at a later date.

         c) Designation Letter

      If applicable, the Application must include a designation letter signed by the chief executive of the
      Eligible Applicant (e.g., State Governor) that identifies and delegates authority, as appropriate, to
      an authorized representative. The authorized representative is the individual who will sign the

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                                          U.S. Department of the Treasury
                                                                                                            13
necessary certifications, submit the Application, and sign the Grant Agreement on behalf of the
Eligible Applicant.

   d) Points of Contact

The authorized representative may designate one or more points of contact to communicate with
Treasury regarding the Capital Projects Fund Application and Grant Plans.

   e) Eligibility and Payment Information

The Eligible Applicant must provide their IRS Employer Identification Number (EIN), and their Dun
& Bradstreet D-U-N-S Number, a unique nine-digit identification number linked to the Eligible
Applicant’s physical location. Eligible Applicants will also be required to provide bank account
information necessary to make Capital Projects Fund grant payments, and may be asked to
provide additional information to allow Treasury to establish eligibility.

         C. SUBMITTING APPLICATIONS

Accessing the Capital Projects Fund Portal. To gain access to the Capital Projects Fund Portal
and submit an Application, the authorized representative and/or points of contact (see Section
II.B.c and Section II.B.d), as appropriate, must have a registered username and password through
the ID.me identity verification service. ID.me is an approved Treasury service provider. ID.me
registration requires a one-time identity verification process that involves validation of multiple
forms of identification (e.g., passports) using a mobile phone camera. All personally identifiable
information provided to ID.me is encrypted and disclosed only with the express consent of the
user. Users who are not able to validate their identity using ID.me should contact the Capital
Projects Fund (see Section V).

Application Form. Applications will only be accepted through the Capital Projects Fund Portal,
accessible at: https://portal.treasury.gov/. A .pdf sample of the Application content will be
available on the Treasury website at: treasury.gov/CPF.

Application Deadline. Eligible Applicants must complete the Application by December 27, 2021 to
receive funding under the Capital Projects Fund. Treasury will post the specific dates on its
website during which it will accept Capital Projects Fund Applications. Failure to submit a timely
Application may result in the forfeiture of grant funds. Eligible Applicants have additional time, as
outlined in Section II.F, to submit subsequent detailed Grant Plans.

Eligibility. Only eligible entities may apply, and only one Application shall be accepted from each
eligible entity. Eligible Applicants should coordinate internally to ensure that only one Application
is submitted.

         D. EXECUTION OF AGREEMENTS

Treasury Determinations. Treasury will review Applications for completeness and Applicant
eligibility. Treasury will also review additional required or requested material as well as any other
reasonable supplementary information submitted by Eligible Applicants. Treasury may consult
with other U.S. Government agencies in reaching its Application determinations, but final
determinations will be at Treasury’s sole discretion.


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                                    U.S. Department of the Treasury
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Grant Agreements. Once Treasury has validated Application completeness and Applicant
eligibility, the Eligible Applicant’s authorized representative (see Section II.B.c) will execute a
Grant Agreement. The Grant Agreement will, among other things, contain terms and conditions
related to the following:

   • Roles and responsibilities;
   • Grant payments;
   • Eligible uses of funds (see Section I.C.);
   • Period of performance, which ends on December 31, 2026;
   • Accounting and reporting requirements;
   • Compliance requirements and remedies for noncompliance, including but not limited to return
        of funds where appropriate;
   • Audits, recordkeeping, and internal controls; and
   • Other terms required or permitted by federal law.

        E. PAYMENT OF FUNDS FOR PROGRAM ADMINISTRATIVE COSTS

After executing a Grant Agreement, Recipients will have access to the amount of funds requested
in the Application for Administrative Costs, in an amount up to five percent of the total amount of
the grant, or $25,000, whichever is greater (unless Treasury has specifically authorized a higher
amount). If an Eligible Applicant requested less than five percent of the total grant amount at the
time of its Application, it may request the remaining amount at a later date.

        F. GRANT PLAN CONTENTS

Recipients must submit a plan for deploying Capital Projects Fund grant funding (the Capital
Projects Fund Grant Plan or Grant Plan) within 365 days of the Capital Projects Fund Portal
Launch, providing information on the Recipient’s intended uses of Capital Projects Fund funds.
Recipients will be able to submit Grant Plans requesting funding up to the amount that was stated
in their Application (see Section II.B.a). Treasury may publicly share information from the Grant
Plan.

A Grant Plan will consist of an executive summary, an Allocation Table showing the broad
categories of Capital Projects the Recipient seeks to undertake using Capital Projects Fund grant
funds (e.g., Broadband Infrastructure Projects, Digital Connectivity Technology Projects, Multi-
Purpose Community Facility Projects) and how much the Recipient intends to spend on each such
category, and one or more Program Plans. Each Program Plan is intended to provide more
detailed information on a particular type of Capital Project(s) the Recipient intends to undertake,
and constitutes an Eligible Applicant’s request for funding for those Capital Projects. For example,
a State might file a Grant Plan that indicates that it intends to spend funding on broadband
deployment throughout the State, and a Program Plan that provides detailed information on its
deployment plan for only some of the counties in the State. Later, it could file Program Plans
detailing its deployment plans for other counties in the State.

After submitting a Grant Plan, that includes at least one Program Plan, Recipients may submit
additional Program Plans on a rolling basis throughout the 365-day submission window so that
Recipients can seek funding for a particular Capital Project (or Projects) when the Recipient is
ready. Treasury will assess and approve each Program Plan separately and will separately
provide access to funds for each Program Plan when approved. For example, a Recipient with

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                                    U.S. Department of the Treasury
                                                                                                      15
two Program Plans may submit, receive Treasury approval, and have access to funds for one
Program Plan in December 2021, and then submit, receive Treasury approval, and have access to
funds for the second Program Plan in March 2022.

Recipients should reference the Capital Projects Fund Portal for specific instructions and required
information.

         G. SUBMITTING CAPITAL PROJECTS FUND GRANT PLANS

Grant Plan Submission. Recipients will submit Grant Plans by logging into the Capital Projects
Fund Portal (see Section II.C for full access instructions).

Grant Plan Deadline. After Capital Projects Fund Portal Launch, the Capital Projects Fund Portal
will be open for 365 days for Recipients to submit Grant Plans. To be considered, complete Grant
Plans must be submitted through the Capital Projects Fund Portal by this deadline, after which the
Capital Projects Fund Portal will be closed to new Grant Plans. The deadline will be posted on the
Capital Projects Fund website at the address provided below at Section V. Treasury will not
consider Grant Plans submitted after the deadline, including any draft Grant Plans in the Capital
Projects Fund Portal that were not completed and submitted by the deadline. Funding for
Programs (as described the Recipient’s Allocation Table) for which no complete Program Plan is
received by the deadline will be considered forfeited by the Recipient, unless Treasury, in its sole
discretion, grants a deadline waiver.

Updating Grant Plans. Recipients may submit updates to Grant Plans, or portions thereof (i.e.,
Allocation Table and Program Plans) through the Capital Projects Fund Portal. Updates to Grant
Plans will be subject to review and approval by Treasury.

         H. REVIEWING GRANT PLANS

Treasury Determinations. Treasury will review Grant Plans for completeness and consistency with
Capital Projects Fund requirements (Recipient eligibility will be assessed during review of the
Application (see Section II.D). Treasury will review Grant Plans, including additional required or
requested material, and any other reasonable supplementary information submitted by Recipients
to assess whether the Recipient will fulfill the requirements and objectives of the Capital Projects
Fund. Treasury may consult with other U.S. Government components in reaching its
determinations, but final Grant Plan determinations will be at Treasury’s sole discretion.

Each Program Plan will be evaluated for alignment with Capital Projects Fund requirements and
will be assessed independently from the Recipient’s other Program Plans. Treasury may review
and approve Grant Plans in whole or in part.

Grant Plan Reviews and Approvals. If Treasury approves a Grant Plan only in part, the Recipient
will be provided an opportunity to provide further information or address deficiencies identified by
Treasury. Treasury may also return a Grant Plan to the Recipient with recommendations for
improvement and resubmission to Treasury for reconsideration. Treasury may, in its discretion,
allow Grant Plan deadline extensions for those plans undergoing remediation related to
consistency with project eligibility criteria. It is the Recipient’s responsibility to be responsive to
Treasury communications and submit complete and accurate information by the stated deadlines
to receive timely consideration and a definitive response. Failure to comply with Treasury’s
deadlines and information requests could jeopardize access to full Capital Projects Fund grant

   Guidance for the Coronavirus Capital Projects Fund For States, Territories & Freely Associated States
                                     U.S. Department of the Treasury
                                                                                                       16
funding.

Timing of Reviews. Following Capital Projects Fund Portal Launch, Treasury will review Grant
Plans upon receipt. Recipients are encouraged to submit Grant Plans as soon as possible after
the Capital Projects Fund Portal Launch to expedite Treasury review and subsequent access to
funds.

           I.   PROGRAM PAYMENTS

After Treasury approves a Grant Plan in whole or in part, Treasury will inform the Recipient of the
schedule for payments to the Recipient for purposes of the approved portions of the plan. The
amounts, timing, and conditions of such payments will be determined by Treasury in its sole
discretion.

           J. APPLICATION AND GRANT PLAN ASSISTANCE

Treasury is available to answer questions about the grant process and the Capital Projects Fund
in general; e-mail correspondence is preferred. The Capital Projects Fund program contact
information is provided below at Section V. Treasury may also host webinars and post FAQs on
its website.




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                                    U.S. Department of the Treasury
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III.   OTHER REQUIREMENTS

   This Section provides a summary of other requirements that Recipients must meet, including
   construction, reporting, and compliance requirements. Treasury will release detailed reporting
   and compliance requirements soon after the Capital Projects Fund Portal Launch.

             A. PUBLIC REPORTING

   Treasury is required by transparency laws to disclose the names of Capital Projects Fund
   Recipients and the amounts of Capital Projects Fund grants, and Treasury may disclose other
   information provided by Recipients in their Applications or Grant Plans to the public. Treasury
   will post this information on its website and report this information on the usaspending.gov
   website, which allows the public to see how the federal government has distributed COVID-19
   relief funding.

             B. COMPLIANCE REQUIREMENTS FOR CONSTRUCTION

   Projects funded by the Capital Projects Fund must comply with all applicable federal
   environmental laws. Generally, the National Environmental Policy Act does not apply to Projects
   funded by the Capital Projects Fund. 12 Prior to funding a Capital Project, Recipients may
   complete an environmental checklist, to be made available on the Capital Projects Fund website,
   to determine whether certain environmental laws apply. Generally, Capital Projects that do not
   involve construction activities will not be subject to federal environmental review requirements.

   Projects must reach substantial completion before December 31, 2026. Substantial completion is
   defined as the date for which the Project can fulfill the primary operations that it was designed to
   perform, delivering services to end-users. At substantial completion, service operations and
   management systems infrastructure must be operational. Recipients may request extensions
   beyond this timeframe to the extent that factors outside of the Recipient’s control have impacted
   Project delivery timelines. Treasury will approve extension requests on a case-by-case basis.

             C. REPORTING

   In general, Recipients will be responsible for satisfying the following reporting requirements:

       •   Project and Expenditure Reports submitted quarterly to Treasury that include data
           regarding Projects, expenditures, Project status, subawards, civil rights compliance, equity
           indicators, community engagement efforts, programmatic data such as geospatial data for
           Broadband Infrastructure Projects, and other measures as determined by Treasury. To
           provide public transparency on whether Projects are using practices that promote on-time
           and on-budget delivery, Treasury will seek information from Recipients on their workforce
           plans and practices related to Capital Projects Fund Projects, as well as information about
           subcontracted entities.
       •   Performance Reports submitted on an annual basis and demonstrating the outcomes of
           the Capital Projects Fund-financed grant programs. Reports must include data related to
           Project and Program outputs and outcomes against the stated objectives of the Recipient’s
           Grant Plan. Costs associated with collecting and measuring performance data and

   12 Projects supported with payments from the Capital Projects Fund may still be subject to NEPA review if

   they are also funded by or otherwise involve actions from other federal programs or agencies.
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       conducting activities needed to establish and maintain a performance management and
       evaluation regime, including program evaluations 13 conducted in support of Performance
       Report requirements, are eligible under the Capital Projects Fund.

Treasury will release detailed reporting guidance soon after the Capital Projects Fund Portal
Launch.

         D. OVERSIGHT

Recipients and Subrecipients will be subject to audit or review by the Treasury Inspector
General and Government Accountability Office.

         E. APPLICATION OF UNIFORM GUIDANCE

Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, 2 C.F.R. Part 200 apply to the Capital Projects Fund grant, except for any provisions
Treasury may determine are inapplicable to an award and subject to such exceptions as may be
otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance,
implementing the Single Audit Act, shall apply to this award.

         F. SANCTIONS

In the event of a Recipient’s noncompliance with applicable law or Capital Projects Fund program
requirements or guidance, Treasury may impose additional conditions on the receipt of additional
Capital Projects Fund funds by the Recipient, terminate further payments from the Capital Projects
Fund, seek the repayment of previous Capital Projects Fund payments, or take other available
remedies pursuant to 2 C.F.R. 200.339.

         G. CONFIDENTIALITY OF ELIGIBLE APPLICANT INFORMATION

Treasury may publicly share information from the Application. Eligible Applicants are encouraged
not to include any confidential or proprietary information in their Applications. If any such
information is included, Eligible Applicants must identify and label it.

         H. CIVIL RIGHTS COMPLIANCE

Recipients of federal financial assistance from Treasury are required to meet legal requirements
relating to nondiscrimination and nondiscriminatory use of federal funds. Those requirements
include ensuring that entities receiving federal financial assistance from Treasury do not deny
benefits or services, or otherwise discriminate on the basis of race, color, national origin (including
limited English proficiency), disability, age, or sex (including sexual orientation and gender
identity), in accordance with the following authorities: Title VI of the Civil Rights Act of 1964 (Title
VI), 42 U.S.C. 2000d-1 et seq., and the Department's implementing regulations, 31 C.F.R. part 22;
Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. 794; Title IX of the
Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's
implementing regulations, 31 C.F.R. part 28; Age Discrimination Act of 1975, 42 U.S.C. 6101 et
seq., and the Department implementing regulations at 31 C.F.R. part 23.

13 For additional information on example program evaluation standards and practices, please see OMB M-

20-12, available at: https://www.whitehouse.gov/wp-content/uploads/2020/03/M-20-12.pdf.
   Guidance for the Coronavirus Capital Projects Fund For States, Territories & Freely Associated States
                                     U.S. Department of the Treasury
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In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury
will collect and review information from Recipients to ascertain their compliance with the
applicable requirements before and after providing financial assistance. Treasury’s implementing
regulations, 31 C.F.R. part 22, and the Department of Justice (DOJ) regulations, Coordination of
Non-discrimination in Federally Assisted Programs, 28 C.F.R. part 42, provide for the collection of
data and information from Recipients (see 28 C.F.R. 42.406). Treasury may request that
Recipients submit data for post-award compliance reviews, including information such as a
narrative describing their Title VI compliance status.

         I.   COMPLIANCE WITH APPLICABLE LAWS

Recipients are responsible for complying with all applicable federal, Tribal, and state laws.




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IV.   DEFINITIONS

  Treasury will apply the following definitions for purposes of this guidance. These definitions
  supplement and interpret certain terms in Section 604(b) of the Statute. Terms not defined herein
  shall have the definitions contained in Uniform Guidance

      (a) “Allocation Table” means a summary of all contemplated funding sources and uses for
          Program funded with Capital Projects Fund grant funding.

      (b) “Application” means the form hosted on the Capital Projects Fund Portal where
          Applicants will demonstrate eligibility, provide information, and respond to
          requirements necessary for receiving a Capital Projects Fund Grant.

      (c) “Broadband Infrastructure Project” has the meaning set forth in Section I.C.a.

      (d) “Capital Project” or “Project” has the meaning set forth in Section I.C.c.

      (e) “Capital Projects Fund Grant Plan” or “Grant Plan” means a plan for deploying Capital
          Projects Fund grant funding that is submitted by a Recipient as part of the request for
          funding.

      (f) “Capital Projects Fund Portal” means the electronic submissions portal where Eligible
          Applicants can submit their Application, Capital Projects Fund Grant Plan, and other
          information necessary to receive a Capital Projects Fund award. The Capital Projects
          Fund Portal may be reached at: https://portal.treasury.gov/.

      (g) “Capital Projects Fund Portal Launch” means the date at which Treasury begins
          accepting Applications via the Capital Projects Fund Portal to receive Capital Projects
          Fund grant funding.

      (h) “Digital Connectivity Technology Project” has the meaning set forth in Section I.C.a.

      (i) “Eligible Applicant” has the meaning set forth in Section I.A.

      (j) “Grant Agreement” means the standardized agreement executed between the Eligible
          Applicant’s authorized representative and Treasury that outlines the terms and conditions
          of the funds, reporting and recordkeeping, and other requirements.

      (k) “Multi-Purpose Community Facility Project” has the meaning set forth in Section I.C.a.

      (l) “Program” means one or more Capital Projects with common characteristics (e.g., a group
          of Multi-Purpose Community Facility Projects that directly enable work, education, and
          health monitoring) for which an Eligible Applicant is seeking funding under the Capital
          Projects Fund.

      (m) “Program Administrative Cost” means the costs incurred by a Recipient related to the
          administration of Capital Projects Fund awards, the provision of technical assistants to
          potential Sub-recipients, and compliance with grant administration and audit requirements.

      (n) “Program Plan” means a plan submitted by a Recipient containing a description of a

      Guidance for the Coronavirus Capital Projects Fund For States, Territories & Freely Associated States
                                        U.S. Department of the Treasury
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    Program for which the Recipient is seeking funding under the Capital Projects Fund.

(o) “State” has the meaning set forth in Section I.A.

(p) “Statute” means Section 604 of the Social Security Act.

(q) “Treasury” means the U.S. Department of the Treasury.

(r) “Tribal Government” means the recognized governing body of any Indian or Alaska Native
    tribe, band, nation, pueblo, village, community, component band, or component
    reservation, individually identified (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) and the State of Hawaii (for
    exclusive use of the Department of Hawaiian Home Lands and the Native Hawaiian
    Education Programs to assist Native Hawaiians).

(s) “Uniform Guidance” means the Uniform Administrative Requirements, Cost Principles, and
    Audit Requirements for Federal Awards located in Title 2 of the Code of Federal
    Regulations (2 C.F.R. 200).




Guidance for the Coronavirus Capital Projects Fund For States, Territories & Freely Associated States
                                  U.S. Department of the Treasury
                                                                                                    22
V.      CONTACT INFORMATION

     E-mail correspondence is preferred. Correspondence by mail may be subject to significant
     delays.

     CapitalProjectsFund@treasury.gov

     U.S. Department of the Treasury Attn: Capital Projects Fund
     1500 Pennsylvania Ave NW
     Washington, DC 20220

     https://www.treasury.gov/CPF




       Guidance for the Coronavirus Capital Projects Fund For States, Territories & Freely Associated States
                                         U.S. Department of the Treasury
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Guidance for the Coronavirus Capital Projects Fund For States, Territories & Freely Associated States
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