PART 302—CONNECTING MINORITY COMMUNITIES PILOT PROGRAM Authority: Consolidated Appropriations Act, 2021, Division N, Title IX, section 902, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020). Source: 86 FR 31641, June 15, 2021, unless otherwise noted. § 302.1 Purpose. This part establishes uniform application, approval, award, financial and administrative requirements for the Connecting Minority Communities pilot program authorized under Division N, Title IX, section 902, of the Consolidated Appropriations Act, 2021. § 302.2 Definitions. As used in this part— Anchor Community (1) Except as provided in the definition of Certain Tribal Colleges or Universities below, is not more than 15 miles from a historically Black college or university, a Tribal College or University, or a Minority-serving institution; and (2) Has an estimated median annual household income (based on U.S. Census Bureau American Community Survey data) of not more than 250 percent of the poverty line, as that term is defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). NTIA will use data from the most recent time period for which both household income and poverty line data are available. Certain Tribal Colleges Universities Assistant Secretary Broadband internet access service Commission Connected device Director Eligible equipment (1) A Wi-Fi hotspot; (2) A modem; (3) A router; (4) A device that combines a modem and router; (5) A connected device; or (6) Any other equipment used to provide access to broadband internet access service. Eligible recipient (1) A historically Black college or university; (2) A Tribal College or University; (3) A Minority-serving institution; or (4) A consortium that is led by a historically Black college or university, a Tribal College or University, or a Minority-serving institution and that also includes— (i) A Minority Business Enterprise; or (ii) An organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. Historically Black college university Minority-serving institution (1) An Alaska Native-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). (2) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). (3) A Hispanic-serving institution, as that term is defined in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)). (4) A Predominantly Black institution, as that term is defined in section 371(c) of the Higher Education Act of 1965 (20 U.S.C. 1067q(c)). (5) An Asian American and Native American Pacific Islander-serving institution, as that term is defined in section 320(b) of the Higher Education Act of 1965 (20 U.S.C. 1059g(b)). (6) A Native American-serving, non-Tribal institution, as that term is defined in section 319(b) of the Higher Education Act of 1965 (20 U.S.C. 1059f(b)). Minority Business Enterprise Office Tribal College University Wi-Fi Wi-Fi hotspot (1) Receiving broadband internet access service; and (2) Sharing broadband internet access service with another device through the use of Wi-Fi. § 302.3 Who may apply. (a) Eligible recipient. Table 1 to Paragraph ( a Type NTIA Validation method Historically Black College or University (HBCU) Most recent NCES list of HBCUs. Hispanic-Serving Institution (HSI) Defined as eligible or potentially eligible in the most recent Dep't of Education Eligibility Matrix available, in the HSI category. Tribal College or University (TCU) Most recent NCES list of TCUs. Alaska Native and Native Hawaiian (ANNH) Defined as eligible or potentially eligible in the most recent Dep't of Education Eligibility Matrix available, in the ANNH or ANNH F categories. Predominantly Black Institution (PBI) Defined as eligible or potentially eligible in the most recent Dep't of Education Eligibility Matrix available, in the PBI F or PBI A categories. Asian American and Native American Pacific Islander-Serving Institution (AANAPISI) Defined as eligible or potentially eligible in the most recent Dep't of Education Eligibility Matrix available, in the AANAPISI or AANAPISI F categories. Native American-Serving Non-Tribal Institution (NASNTI) Defined as eligible or potentially eligible in the most recent Dep't of Education Eligibility Matrix available, in the NASNTI or NASNTI F categories. (b) Eligibility for consortia members. § 302.4 Application requirements. (a) Contents for an application. (1) Project narrative. (i) Project justification. (A) Student population size; (B) Number and percentage of students that are eligible to receive Federal Pell Grants; (C) Number and percentage of students that receive other need-based financial aid from the Federal Government, a State, or that institution; (D) Number and percentage of students that qualify as low-income consumers for the purposes of the program carried out under 47 CFR part 54, subpart E, or any successor regulations; (E) Number and percentage of students that are low-income individuals as that term is defined in section 312(g) of the Higher Education Act of 1965 (20 U.S.C. 1058(g)); and (F) Number and percentage of students that have been approved to receive unemployment insurance benefits under any Federal or State law since March 1, 2020. (ii) Project activities. (iii) Project results. (2) Project budget. (3) Budget narrative. (b) Due dates application deadline. www.grants.gov. § 302.5 Approval and award. (a) NTIA will review each application for compliance with the requirements of this part. (b) NTIA may request additional information from the applicant, with respect to any of the application submission requirements of § 302.4, prior to making a recommendation for an award. Failure to submit such additional information may preclude the applicant from further consideration for award. (c) When making grant awards, NTIA will coordinate with other Federal agencies, including the Commission, the National Science Foundation, and the Department of Education, to ensure the efficient expenditure of Federal funds, including by preventing multiple expenditures of Federal funds for the same purpose. (d) The Assistant Secretary will recommend to the National Institute of Standards and Technology (NIST), Grants Management Division, approval of grant awards to qualifying applicants. NIST, serving as the Grants Office for the CMC grant program, will then issue grant awards in writing to the successful applicants. § 302.6 Distribution of grant funds. (a) Funding allocation. (1) In general. (A) Student population size; (B) Number and percentage of students that are eligible to receive Federal Pell Grants; (C) Number and percentage of students that receive other need-based financial aid from the Federal Government, a State, or that eligible recipient; (D) Number and percentage of students that are qualifying low-income consumers for the purposes of the program carried out under 47 CFR part 54, subpart E, or any successor regulations; (E) Number and percentage of students that are low-income individuals as that term is defined in section 312(g) of the Higher Education Act of 1965 (20 U.S.C. 1058(g)); and (F) Number and percentage of students that have been approved to receive unemployment insurance benefits under any Federal or State law since March 1, 2020. (ii) Upon submission, NTIA will assess each institution's student body-based unmet financial needs. These assessments will be compared across all submitted applications during the merit review phase and program eligibility determinations will be made based on an evaluation of the data provided and any accompanying explanatory information. Final recommendations for project approval and grant funding will generally be made for those eligible anchor institutions that have demonstrated the greatest unmet financial need. (2) Historically Black colleges universities set-aside. (3) Student support set-aside. (b) Additional notices of funding opportunity. www.grants.gov § 302.7 Eligible uses for grant funds. (a) Eligible uses. (1) The purchase of broadband internet access service, including the installation or upgrade of broadband facilities on a one-time, capital improvement, basis in order to increase or expand broadband capacity and/or connectivity at the eligible institution; (2) The purchase or lease of eligible equipment and devices for student or patron use, subject to any restrictions and prohibited uses identified in paragraph (d) of this section; and (3) To hire and train information technology personnel who are a part of the eligible anchor institution, MBE or Tax-Exempt Organization. (b) Student priority for the provision of broadband services, devices, and equipment. (1) Students who are eligible to receive Federal Pell Grants; (2) Students who receive any other need-based financial aid from the Federal Government, a State, or the eligible recipient; (3) Students who are qualifying low-income consumers for the purposes of the program carried out under 47 CFR part 54, subpart E, or any successor regulations; (4) Students who are low-income individuals as that term is defined in section 312(g) of the Higher Education Act of 1965 (20 U.S.C. 1058(g)); or (5) Students who have been approved to receive unemployment insurance benefits under any Federal or State law since March 1, 2020. (c) Prioritization of students and patrons without equipment and/or broadband access. (d) Prohibited uses. § 302.8 Continuing compliance. (a) The applicant must certify that it has complied with the required statutory and programmatic conditions in submitting its application. (b) A grant recipient must submit on an annual basis, 30 days after the end of each Federal fiscal year in which grant funds are available, a certification regarding compliance and use of CMC grant funds as outlined in § 302.7. (c) Where a recipient knowingly provides false or inaccurate information in its certification related use of CMC grant funds, the recipient shall— (1) Not be eligible to receive the grant under this part; (2) Return any grant awarded under this part during the time that the certification was not valid; and (3) Not be eligible to receive any subsequent grants under this part. § 302.9 Financial and administrative requirements. (a) General. Department of Commerce Standard Terms and Conditions for Financial Assistance Awards https://www.commerce.gov/sites/default/files/2020-11/DOC%20Standard%20Terms%20and%20Conditions%20-%2012%20November%202020%20PDF_0.pdf (b) Reporting requirements Performance reports. (2) Financial reports. (c) Audit requirements. Department of Commerce Financial Assistance Standard Terms and Conditions § 302.10 Closeout. (a) Expiration of the right to incur costs. (b) Final submissions. (1) A final financial report to NTIA/NIST, following the procedures of 2 CFR 200.344(a); and (2) A final performance report to NTIA/NIST, following the procedures of 2 CFR 200.344(a). (c) Disposition of unexpended balances. § 302.11 Waiver authority. It is the general intent of NTIA not to waive any of the provisions set forth in this part. However, under extraordinary circumstances and when it is in the best interest of the Federal government, NTIA, upon its own initiative or when requested, may waive the provisions in this part. Waivers may only be granted for requirements that are discretionary and not mandated by statute or other applicable law. Any request for a waiver must set forth the extraordinary circumstances for the request. § 302.12 Program termination. Except with respect to the report required under the Consolidated Appropriations Act, 2021, Division N, Title IX, section 902(c)(7), and the authority of the Secretary of Commerce and the Inspector General of the Department of Commerce described in section 902(c)(8), the CMC Pilot Program, including all reporting requirements under section 902, shall terminate on the date on which the amounts made available to carry out the CMC Pilot Program are fully expended.