[Federal Register Volume 59, Number 48 (Friday, March 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5642]


[[Page Unknown]]

[Federal Register: March 11, 1994]


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DEPARTMENT OF AGRICULTURE
Farmers Home Administration

7 CFR Part 1942

RIN 0575-AB54

 

Community Facility Loans and Grants

AGENCY: Farmers Home Administration, USDA.

ACTION: Final rule.

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SUMMARY: The Farmers Home Administration (FmHA) adopts its interim rule 
published November 18, 1991, (56 FR 58177) as a final rule without 
change. This action makes final its Community Facility loan and grant 
regulations utilized by the Rural Development Administration to assist 
the residents of rural communities in obtaining adequate quantities of 
drinking water that meet the requirements of the Safe Drinking Water 
Act (42 U.S.C. 300f et seq.). Grants can be made under this program to 
any city or town with a population not in excess of 5,000 inhabitants 
according to the most recent decennial census of the United States. 
Also, the median household income of the rural area cannot exceed the 
statewide nonmetropolitan median household income according to the most 
recent decennial census of the United States. The intended effect of 
this action revises FmHA regulations to include the emergency community 
assistance grants authorized by the Act. This action is not expected to 
substantially affect budget outlay or to affect more than one agency or 
to be controversial. The net result is expected to provide better 
service to rural communities.

EFFECTIVE DATE: March 11, 1994.

FOR FURTHER INFORMATION CONTACT:
Jerry W. Cooper, Loan Specialist, Water and Waste Disposal Division, 
Farmers Home Administration, USDA, South Agriculture Building, room 
6328, Washington, DC 20250, telephone: (202) 720-9589.

SUPPLEMENTARY INFORMATION: 

Executive Order 12866

    We are issuing this final rule in conformance with Executive Order 
12866, and we have determined that it is not a ``significant regulatory 
action.'' Based on information compiled by the Department, we have 
determined that this final rule: (1) Would have an effect on the 
economy of less than $100 million; (2) would not adversely effect in a 
material way the economy, a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local, or tribal governments or communities; (3) would not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency; (4) would not alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or rights and 
obligations of recipients thereof; (5) would not raise novel legal or 
policy issues arising out of legal mandates, the President's 
priorities, or principles set forth in Executive Order 12866.

Intergovernmental Consultation

    This program is listed in the Catalog of Federal Domestic 
Assistance under number 10.440, and is subject to the provisions of 
Executive Order 12372, which requires intergovernmental consultation 
with State and local officials. (7 CFR part 3015, subpart V; 48 FR 
29112, June 24, 1983; 49 FR 2267, May 31, 1984; 50 FR 14088, April 10, 
1985).

Environmental Impact Statement

    This document has been reviewed in accordance with 7 CFR part 1940, 
subpart G, ``Environmental Programs.'' It is the determination of FmHA 
that this action does not constitute a major Federal action 
significantly affecting the quality of the human environment, and, in 
accordance with the National Environmental Policy Act of 1969, Public 
Law 91-190, an Environmental Impact Statement is not required.

Compliance With Executive Order 12778

    The regulation has been reviewed in light of Executive Order 12778 
and meets the applicable standards provided in sections 2(a) and 
(2)(b)(2) of that Order. Provisions within this part which are 
inconsistent with state law are controlling. All administrative 
remedies pursuant to 7 CFR part 1900 Subpart B must be exhausted prior 
to filing suit.

Background

    This action implements section 2326 of Public Law 101-624 which 
requires that grants be provided to assist residents of rural areas and 
small communities in securing adequate quantities of safe drinking 
water. Grants made under this program will only be made to remedy an 
acute shortage of quality water or a significant decline in the 
quantity or quality of water that is available. Grant applicants must 
be a public or private nonprofit entity and, in the case of a grant 
made because of a decline in water supplies, the applicant must 
demonstrate that the decline occurred within two years of the date the 
application was filed for a grant.
    FmHA published an interim final rule in the Federal Register on 
November 18, 1991, (56 FR 58177) and asked for written comments on or 
before January 17, 1992. One comment was received from the public 
review process. The respondent suggested that smaller communities of 
less than 500 in population be given the most points in 
Sec. 1942.507(d)(1)(ii)(A). The respondent stated that smaller 
communities have the most problems with water quality and supply and 
are least able to finance major repairs. The Agency did not adopt this 
suggestion. Sec. 1942.507(d)(1)(ii)(A) awards the most points to 
projects that serve an area with a rural population not in excess of 
1,500. The points are awarded based on the population of the area to be 
served and the Agency believes that they are fair to all type entities 
that qualify for these grants. The respondent also suggested that a 
specific date should establish for review of applications for funding 
by the National Office. The Agency did not adopt this suggestion. 
Sec. 1942.507(c) states that starting November 1 the National Office 
will start funding requests and will continue as long as funds are 
available. Emergency situations can occur at any time and the Agency 
needs the flexibility to fund projects at any time when funds are 
available. By not having a set date to review funding requests the 
Agency can also better match funding requests with the amount of funds 
available.

List of Subjects in 7 CFR Part 1942

    Community development, Community facilities, Loan programs--Housing 
and community development, Loan security, Rural areas, Waste treatment 
and disposal--Domestic, Water supply--Domestic.
    Therefore, FmHA adopts its interim final rule published November 
18, 1991, (56 FR 58177) as a final rule without change.

    Dated: March 1, 1994.
Bob J. Nash,
Under Secretary Small Community and Rural Development.
[FR Doc. 94-5642 Filed 3-10-94; 8:45 am]
BILLING CODE 3410-07-M