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B-335320 May 26, 2023 1 (2023-05-26)

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             G  ¢     U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-335320


May  26, 2023

The Honorable Debbie  Stabenow
Chairwoman
The Honorable John  Boozman
Ranking Member
Committee  on Agriculture, Nutrition, and Forestry
United States Senate

The Honorable Glenn  Thompson
Chairman
The Honorable  David Scott
Ranking Member
Committee  on Agriculture
House  of Representatives

Subject: United States Department of Agriculture, Rural Utilities Service: Notice of Funding
         Opportunity for the Empowering Rural America (New ERA) Program

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major
rule promulgated by the United States Department of Agriculture, Rural Utilities Service (RUS)
entitled Notice of Funding Opportunity for the Empowering Rural America (New ERA) Program
(RUS-23-ELECTRIC-0005). We received the rule   on May 17, 2023. It was published in the
Federal Register as a notice on May 16, 2023. 88 Fed. Reg. 31218. RUS has indicated that
Letters of Interest (LOI) can be submitted beginning on July 31, 2023, and until August 31,
2023.  However, RUS  has further indicated that it will not take action on any such LOI until
60 days following notification to Congress.

According to RUS, the agency is soliciting LOI for applications under the New ERA Program. In
this notice, RUS announced the eligibility requirements, application process and deadlines, and
the criteria that will be used by RUS to assess New ERA applications. RUS stated that the New
ERA  Program  provides RUS with $9.7 billion in appropriated loan and grant funds under the
Inflation Reduction Act of 2022. Pub. L. No. 117-169, 136 Stat. 1818 (Aug. 16, 2022). RUS
noted that in keeping with the statutory authority for the program, RUS will utilize the New ERA
funds to assist Eligible Entities to achieve the greatest reduction in Greenhouse Gas (GHG)
emissions while advancing the long-term resiliency, reliability, and affordability of rural electric
systems.  RUS clarified that all Eligible Entities are responsible for any expenses incurred in
developing their LOI and New ERA Applications.

Enclosed is our assessment of RUS's compliance with the procedural steps required by
section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions
about this report or wish to contact GAO officials responsible for the evaluation work relating to

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