[Federal Register Volume 59, Number 51 (Wednesday, March 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6024]


[[Page Unknown]]

[Federal Register: March 16, 1994]


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DEPARTMENT OF AGRICULTURE
Farmers Home Administration

7 CFR Part 1942

RIN 0575-AB68

 

Community Facility Loans and Grants

AGENCY: Farmers Home Administration and Rural Development 
Administration, USDA.

ACTION: Final rule with request for comments.

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SUMMARY: The Farmers Home Administration (FmHA) amends its regulations 
that are utilized by the Rural Development Administration (RDA) in 
administering Community Facility Loans and Grants. This action is 
necessary to implement provisions of the Act making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Programs for the fiscal year ending September 30, 1994 
(the Act). The Act provides up to $15 million in RDA grant funds for 
water and waste disposal (WWD) facilities in rural Alaskan villages. 
The WWD grant funds authorized by the Act are to be made available to 
remedy the dire sanitation conditions that exist in rural Alaskan 
villages.

DATES: This final rule is effective on March 16, 1994. Written comments 
must be received on or before May 16, 1994.

ADDRESSES: Submit written comments in duplicate to the Chief, 
Regulations and Analysis and Control Branch, Farmers Home 
Administration, U.S. Department of Agriculture, room 6348, South 
Agriculture Building, 14th St. and Independence Ave., SW., Washington, 
DC 20250. All written comments will be available for public inspection 
during regular work hours at the above address.

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

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    We are issuing this rule in conformance with Executive Order 12866, 
and we have determined that it is not a ``significant regulatory 
action.'' Based on information complied by the Department, we have 
determined that this rule: (1) Would have an effect on the economy of 
less than $100 million; (2) would not adversely affect 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 or recipients thereof; and (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 Review

    This program is listed in the Catalog of Federal Domestic 
Assistance under number 10.760, Water and Waste Systems For Rural 
Communities and is subject to the provisions of Executive Order 12372 
which requires intergovernmental consultation with State and local 
officials.

Environmental Impact Statement

    This action has been reviewed in accordance with FmHA Instruction 
1940-G, ``Environmental Program.'' RDA has determined that the 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.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act (44 U.S.C. 3507), 
the information collection requirements included in this rule have been 
approved through 7 CFR 1942-A. The assigned OMB control number is 0575-
0015. This rule does not revise or impose any new information 
collection or recordkeeping requirements from those approved by the 
Office of Management and Budget.

Background

    It is the policy of this Department that rules relating to public 
property, loans, grants, benefits, or contracts shall be published for 
comment notwithstanding the exemption in 5 U.S.C. 553 with respect to 
such rules. These amendments, however, are not published for proposed 
rulemaking because they are merely following the specific directions of 
the Act and no discretion is left with the agency as to how to use the 
funds appropriated for this purpose.
    The Act provides up to $15,000,000 of the amount appropriated for 
WWD grants for projects to remedy the dire sanitation conditions that 
exist in rural Alaskan villages. RDA grants are directed to Alaskan 
villages that have a median household income that does not exceed 110 
percent of the statewide nonmetropolitan median household income. The 
statewide nonmetropolitan median household income for Alaska is 
$39,804. The Act further provides that the grants are limited to 50 
percent of the development cost of a project. The other 50 percent must 
be from a State or local contribution. The RDA grant funds can be used 
by rural Alaskan villages to construct or improve water or waste 
disposal facilities to serve the residents of these villages. New or 
improved water or waste disposal systems would solve a major health 
problem that has burdened the rural parts of Alaska, inhabited 
primarily Alaskan Natives. The lack of clean, running water and 
sanitary facilities have led to severe health problems for many of the 
villages residents.

List of Subjects in 7 CFR Part 1942

    Community development, Community facilities, Grant programs--
Housing and community development, Rural areas, Waste treatment and 
disposal--Domestic, Water supply--Domestic.

    Therefore, chapter XVIII, title 7, Code of Federal Regulations is 
amended as follows:

PART 1942--ASSOCIATIONS

    1. The authority citation for part 1942 continues to read as 
follows:

    Authority: 7 U.S.C. 1989; 16 U.S.C. 1005; 5 U.S.C. 301; 7 CFR 
2.23; 7 CFR 2.70.

Subpart H--Development Grants for Community Domestic Water and 
Waste Disposal Systems

    2. Section 1942.386 is added to read as follows:


Sec. 1942.386  Rural Alaskan villages.

    (a) General.
    (1) This section contains regulations for providing grants to 
remedy the dire sanitation conditions in rural Alaskan villages using 
funds specifically made available for this purpose.
    (2) Unless specifically modified by this section, grants will be 
made, processed, and serviced in accordance with this subpart.
    (b) Definitions. (1) Dire sanitation condition. For the purpose of 
this section, a dire sanitation condition exists where:
    (i) Recurring instances of a waterborne communicable disease have 
been documented; or
    (ii) No community-wide water and sewer system exists and individual 
residents must haul water to or human waste from their homes and/or use 
pit privies.
    (2) Rural Alaskan village. A rural Alaskan community which meets 
the definition of a village under State statutes and does not have a 
population in excess of 10,000 inhabitants, according to the latest 
decennial Census of the United States.
    (c) Eligibility. (1) The applicant must be a rural Alaskan village.
    (2) The median household income of the village cannot exceed 110 
percent of the statewide nonmetropolitan household income.
    (3) A dire sanitation condition must exist in the village.
    (4) The applicant must obtain 50 percent of project development 
costs from State or local contributions. The local contribution can be 
from loan funds authorized under subpart A of this part.
    (d) Grant amount. Grants will be made for up to 50 percent of the 
project development costs.
    (e) Use of funds. Grant funds can be used to pay reasonable costs 
associated with providing potable water or waste disposal services to 
residents of rural Alaskan villages.
    (f) Construction. (1) If the State of Alaska is contributing to the 
project costs, the project does not have to meet the construction 
requirements of this subpart.
    (2) If a loan is made in accordance with subpart A of this part for 
part of the local contribution, all of the requirements of that subpart 
apply.

    Dated: February 24, 1994.
Bob J. Nash,
Under Secretary for Small Community and Rural Development.
[FR Doc. 94-6024 Filed 3-15-94; 8:45 am]
BILLING CODE 3410-07-U