[Federal Register Volume 59, Number 85 (Wednesday, May 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10618]
[[Page Unknown]]
[Federal Register: May 4, 1994]
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DEPARTMENT OF AGRICULTURE
Farmers Home Administration
7 CFR Parts 1823, 1910, 1941, 1942, 1943, 1944, 1945, 1948, 1951,
and 1980
RIN: 0575-AA66
Denying Credit to Applicants Delinquent on Federal Debt
AGENCY: Farmers Home Administration, USDA.
ACTION: Proposed rule.
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SUMMARY: The Farmers Home Administration (FmHA) proposes to amend its
regulations concerning program eligibility requirements. These
revisions will direct field offices to suspend processing of an
application if an applicant is found to be delinquent on a Federal debt
until the delinquency is resolved, and to deny credit if a Federal
judgment is found against an applicant. This action is necessary to
implement requirements of OMB Circular A-129, ``Policies for Federal
Credit Programs and Non-Tax Receivables.'' Denying credit to applicants
against whom there is a Federal judgment is mandated by provisions of
the Federal Debt Collections Procedures Act of 1990. The intended
effect of this action is to instruct field offices on how to obtain
more information to be used in determining loan, grant and loan
servicing eligibility.
DATES: Comments must be submitted on or before July 5, 1994.
ADDRESSES: Submit written comments in duplicate to the Office of the
Chief, Regulations Analysis and Control Branch, Farmers Home
Administration, USDA, South Building, room 6348, 14th and Independence
Avenue, SW., Washington, DC 20250. All written comments made pursuant
to this notice will be available for public inspection during regular
working hours at the above address.
FOR FURTHER INFORMATION CONTACT: Daniel K. Wanamaker, Senior Financial
Analyst, Farmers Home Administration, U.S. Department of Agriculture,
room 6446, South Agriculture Building, Washington, DC 20250, Telephone
(202) 690-0501.
SUPPLEMENTARY INFORMATION:
Classification
This rule has been determined not-significant for purposes of
Executive Order 12866 and therefore has not been reviewed by OMB.
Environmental Impact Statement
This document has been reviewed in accordance with 7 CFR Part 1940,
Subpart G, ``Environmental Program.'' FmHA has determined 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.
Paperwork Reduction Act
The information collection requirements contained in these
regulations have been approved by the Office of Management and Budget
(OMB) under the provisions of 44 U.S.C. chapter 35 and have been
assigned OMB control numbers 0575-0134, 0575-0141, 0575-0132, 0575-
0097, 0575-0123, 0575-0074, 0575-0085, 0575-0083, 0575-0059, 0575-0045,
0575-0047, 0575-0062, 0575-0090, 0575-0130, 0575-0066, 0575-0079, 0575-
0029, and 0575-0137 in accordance with the Paperwork Reduction Act of
1980 (44 U.S.C. 3507). The proposed rule does not revise or impose any
new information collection or recordkeeping requirement from those
approved by OMB.
Intergovernmental Review
These changes affect the following FmHA programs as listed in the
Catalog of Federal Domestic Assistance:
10.404 Emergency Loans
10.405 Farm Labor Housing Loans and Grants
10.406 Farm Operating Loans
10.407 Farm Ownership Loans
10.410 Low Income Housing Loans (Section 502 Rural Housing Loans)
10.411 Rural Housing Site Loans (Section 523 and 524 Site Loans)
10.414 Resource Conservation and Development Loans
10.415 Rural Rental Housing Loans
10.416 Soil and Water Loans (SW Loans)
10.417 Very Low Income Housing Repair Loans and Grants
10.418 Water and Waste Disposal Systems for Rural Communities
10.419 Watershed Protection and Flood Prevention Loans
10.420 Rural Self-Help Housing Technical Assistance (Section 523
Technical Assistance)
10.421 Indian Tribes and Tribal Corporation Loans
10.422 Business and Industrial Loans
10.423 Community Facility Loans
10.434 Nonprofit Corporations Loan and Grant Program
10.436 Technical Assistance and Training Grants
Programs listed under numbers 10.404, 10.406, 10.407, 10.410,
10.417, 10.421, 10.428, and 10.435 are not 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
29115, June 24, 1983).
Programs listed under numbers 10.405, 10.411, 10.414, 10.415,
10.416, 10.418, 10.419, 10.420, 10.422, 10.423, 10.427, 10.433, and
10.434 are subject to the provisions of Executive Order 12372 (7 CFR
3015, subpart V, 48 FR 29112, June 24, 1983; 49 FR 22675, May 31, 1984;
50 FR 14088, April 10, 1985).
Regulatory Flexibility Act
The Administrator of the Farmers Home Administration has determined
that this action will not have a significant economic impact on a
substantial number of small entities because it contains normal
business recordkeeping requirements and minimal essential reporting
requirements.
Background Information
The current loan application procedures require that an applicant
provide certification that it is not delinquent on a Federal debt. For
the purpose of verifying an applicant's certification, FmHA proposes to
amend its instructions by revising each eligibility section to instruct
the field offices to access the Department of Housing and Urban
Development's Credit Alert Interactive Voice System (CAIVRS) to verify
that the applicant is not delinquent on a Federal debt. If a
delinquency is found, processing of the application will be suspended.
The applicant will be notified that processing has been suspended and
will be asked to contact the appropriate Federal agency, at the
telephone number provided by CAIVRS, to resolve the delinquency. When
the applicant provides FmHA with official documentation that the
delinquency has been paid in full or otherwise resolved, processing of
the application will be continued. If the applicant is unable to
resolve the delinquency, or if an outstanding judgment obtained by the
United States in a Federal Court (other than the United States Tax
Court), which has been recorded, is found, assistance may be denied.
List of Subjects
7 CFR Part 1823
Credit, Indians.
7 CFR Part 1910
Applications, Credit, Loan programs--agriculture, Loan programs--
housing and community development, Low and moderate income housing,
Marital status discrimination, Sex discrimination.
7 CFR Part 1941
Crops, Livestock, Loan programs--agriculture, Rural areas, Youth.
7 CFR Part 1942
Business and industry, Community development, Community facilities,
Grant programs--housing and community development, Industrial park,
Loan programs--housing and community development, Loan programs--
natural resources, Loan security, Rural areas, Soil conservation, Waste
treatment and disposal--domestic, Water supply--domestic.
7 CFR Part 1943
Credit, Loan programs--agriculture, Recreation, Water resources.
7 CFR Part 1944
Administrative practice and procedure, Aged, Farm labor housing,
Grant programs--housing and community development, Handicapped, Home
improvement, Loan programs--housing and community development, Low and
moderate income housing--rental, Migrant labor, Mobile homes,
Mortgages, Nonprofit organizations, Public housing, Rent subsidies,
Rural housing, Subsidies.
7 CFR Part 1945
Agriculture, Disaster assistance, Loan programs--agriculture.
7 CFR Part 1948
Business and industry, Coal, Community development, Community
facilities, Energy, Grant programs--housing and community development,
Housing, Nuclear energy, Planning, Rural areas, Transportation,
Economic development.
7 CFR Part 1951
Accounting servicing, Grant programs--housing and community
development, Reporting requirements, Rural areas.
7 CFR Part 1980
Agriculture, Grant programs--Nonprofit corporations, Loan
programs--agriculture, Loan programs--business and industry--Rural
development assistance, Loan programs--nonprofit corporations, Rural
areas, Loan programs--community programs, Rural development assistance.
Therefore, as proposed, Chapter XVIII, Title 7, Code of Federal
Regulations is amended as follows:
PART 1823--ASSOCIATION LOANS AND GRANTS--COMMUNITY FACILITIES,
DEVELOPMENT, CONSERVATION, UTILIZATION
1. The authority citation for part 1823 continues to read as
follows:
Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR
2.23; 7 CFR 2.70.
Subpart N--Loans to Indian Tribes and Tribal Corporations
2. Section 1823.403 is amended by adding paragraph (d) to read as
follows:
Sec. 1823.403 Eligibility.
* * * * *
(d) Not be delinquent on any Federal debt or have a Federal
judgment lien against its property.
(1) The District Office will check the Department of Housing and
Urban Development's Credit Alert Interactive Voice Response System
(CAIVRS), following the Forms Manual Insert for Form FmHA 1910-3,
``Record of Credit Alert Interactive Voice Response System (CAIVRS)
Inquiry,'' to determine if the applicant is delinquent on a Federal
debt. No decision to deny credit can be based solely on the results of
the CAIVRS inquiry. If CAIVRS identifies a delinquent Federal debt, the
District Office will immediately suspend processing of the application.
The applicant will be notified that processing has been suspended and
will be asked to contact the appropriate Federal agency, at the
telephone number provided by CAIVRS, to resolve the delinquency. When
the applicant provides FmHA with official documentation that the
delinquency has been paid in full or otherwise resolved, processing of
the application will be continued.
(2) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the applicant to be ineligible to receive any
grant or loan until the judgment is paid in full or otherwise
satisfied. FmHA loan funds may not be used to satisfy the judgment.
Questions about whether or not a judgment is still outstanding should
be directed to the Office of the General Counsel. If the judgment
remains unsatisfied, or if the applicant is delinquent on a Federal
debt and is unable to resolve the delinquency, the application will be
rejected and the applicant will be notified of its right for an appeal
in accordance with subpart B of part 1900 of this chapter. The
Administrator may waive the rejection upon specific determination that
it is in the best interest of the Government to do so.
PART 1910--GENERAL
3. The authority citation for part 1910 continues to read as
follows:
Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR
2.23; 7 CFR 2.70.
Subpart A--Receiving and Processing Applications
4. Section 1910.4 is amended by adding paragraph (g)(3) to read as
follows:
Sec. 1910.4 Processing applications.
* * * * *
(g) * * *
(3) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the applicant to be ineligible for any loan or
grant until the judgment is paid in full or otherwise satisfied. FmHA
loan or grant funds may not be used to satisfy the judgment. Questions
about whether or not a judgment is still outstanding should be directed
to the Office of the General Counsel. The Administrator may waive this
restriction upon specific determination that it is in the best interest
of the Government to do so. A decision to deny a loan for this reason
is not appealable.
* * * * *
5. Section 1910.5 is amended by adding paragraph (e) to read as
follows:
Sec. 1910.5 Evaluating applications.
* * * * *
(e) Delinquency on a Federal debt. Form FmHA 1910-3, ``Record of
Credit Alert Interactive Voice Response System (CAIVRS) Inquiry,'' will
be used to help determine if an applicant is delinquent on any Federal
debt.
PART 1941--OPERATING LOANS
6. The authority citation for Part 1941 continues to read as
follows:
Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR
2.23; 7 CFR 2.70.
Subpart A--Operating Loan Policies, Procedures, and Authorizations
7. Section 1941.12 is amended in paragraphs (a)(1) and (b)(5)(i) in
the fourth sentence by changing the reference from ``INS Form G-641,
`Application for Verification of Information from Immigration and
Naturalization Records,' '' to ``INS Form G-639, `Verification Request
Form,' '' and in the last sentence by changing the reference from ``INS
Form G-641'' to ``INS Form G-639,'' by revising the introductory text
and paragraphs (a)(4) and (b)(5)(iii), and by adding paragraph (d) to
read as follows:
Sec. 1941.12 Eligibility requirements.
Subject to the restrictions listed in paragraph (d) of this
section, an applicant is eligible for loan assistance if the following
requirements are met:
(a) * * *
(4) Have the character (emphasizing credit history, past record of
debt repayment and reliability) and industry to carry out the proposed
operation. Past record of debt repayment will not be cause for a
determination that the applicant/borrower is not eligible if an honest
attempt has been made to meet the payment(s). However, delinquency on a
Federal debt shall cause the applicant to be ineligible for loan
assistance (other than for certain Farmer Program loans as provided in
Sec. 1941.14 of this subpart).
(i) The County Office will use Form FmHA 1910-3, ``Record of Credit
Alert Interactive Voice Response System (CAIVRS) Inquiry,'' to check
the Department of Housing and Urban Development's CAIVRS to determine
if the applicant is delinquent on a Federal debt. No decision to deny
credit can be based solely on the results of the CAIVRS inquiry. If
CAIVRS identifies a delinquent Federal debt, the County Office will
immediately suspend processing of the application. The applicant will
be notified that processing has been suspended and will be asked to
contact the appropriate Federal agency, at the telephone number
provided by CAIVRS, to resolve the delinquency. When the applicant
provides FmHA with official documentation that the delinquency has been
paid in full or otherwise resolved, processing of the application will
be continued.
(ii) If the applicant is delinquent on a Federal debt, and is
unable to resolve the delinquency, the application will be rejected
(unless applying for certain Farmer Program loans as providied in
Sec. 1914.14 of this subpart) and the applicant will be notified of its
right for an appeal in accordance with subpart B of part 1900 of this
chapter. The Administrator may waive this restriction upon specific
determination that it is in the best interest of the Government to do
so.
* * * * *
(b) * * *
(5) * * *
(iii) They and the entity itself must have the character
(emphasizing credit history, past record of debt repayment and
reliability) and industry to carry out the proposed operation. Past
record of debt repayment will not be cause for a determination that the
applicant/borrower is not eligible if an honest attempt has been made
to meet the payment(s). Delinquency on a Federal debt (other than a
Farmer Program debt, in accordance with Sec. 1941.14 of this subpart),
by the entity or any of its members shall cause the entity to be
ineligible.
(A) The County Office will use Form FmHA 1910-3 to check the
Department of Housing and Urban Development's CAIVRS to determine if
the entity or any of its members is delinquent on a Federal debt. No
decision to deny credit can be based solely on the results of the
CAIVRS inquiry. If CAIVRS identifies a delinquent Federal debt, the
County Office will immediately suspend processing of the application.
The applicant will be notified that processing has been suspended and
will be asked to contact the appropriate Federal agency, at the
telephone number provided by CAIVRS, to resolve the delinquency. When
the applicant provides FmHA with official documentation that the
delinquency has been paid in full or otherwise resolved, processing of
the application will be continued.
(B) If the applicant is delinquent on a Federal debt (other than a
Farmer Program debt) and is unable to resolve the delinquency, the
application will be rejected and the applicant will be notified of its
right for an appeal in accordance with subpart B of part 1900 of this
chapter. The Administrator may waive this restriction upon specific
determination that it is in the best interest of the Government to do
so.
* * * * *
(d) Restrictions. An applicant will be considered ineligible for
loan assistance under any of the following circumstances. A decision to
deny a loan for any of these reasons is not appealable.
(1) In accordance with the Food Security Act of 1985 (Pub. L. 99-
198), after December 23, 1985, if an individual or any member,
stockholder, partner, or joint operator of an entity is convicted under
Federal or State law of planting, cultivating, growing, producing,
harvesting, or storing a controlled substance (see 21 CFR part 1308,
which is exhibit C of this subpart (available in any FmHA office) for
the definition of ``controlled substance'') prior to loan approval in
any crop year, the individual or entity shall be ineligible for a loan
for the crop year in which the individual or member, stockholder,
partner, or joint operator of the entity was convicted and the four
succeeding crop years. Applicants will attest on Form FmHA 410-1,
``Application for FmHA Services,'' that as individuals or that its
members, if an entity, have not been convicted of such crimes after
December 23, 1985.
(2) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the applicant to be ineligible for any Farmer
Program loan until the judgment is paid in full or otherwise satisfied.
FmHA loan funds may not be used to satisfy the judgment. Questions
about whether or not a judgment is still outstanding should be directed
to the Office of the General Counsel. The Administrator may waive this
restriction upon specific determination that it is in the best interest
of the Government to do so.
PART 1942--ASSOCIATIONS
8. The authority citation for part 1942 continues to read as
follows:
Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR
2.23; 7 CFR 2.70.
Subpart A--Community Facility Loans
9. Section 1942.2 is amended by redesignating paragraphs (a)(2)
through (a)(4) as (a)(3) through (a)(5), by adding a new paragraph
(a)(2), and by revising newly redesignated paragraph (a)(3)(ii) to read
as follows:
Sec. 1942.2 Processing applications.
(a) * * *
(2) Delinquency on a Federal Debt
(i) The District Office will check the Department of Housing and
Urban Development's Credit Alert Interactive Voice Response System
(CAIVRS), following the Forms Manual Insert for Form FmHA 1910-3,
``Record of Credit Alert Interactive Voice Response System (CAIVRS)
Inquiry,'' to determine if the applicant is delinquent on a Federal
debt. No decision to deny credit can be based solely on the results of
the CAIVRS inquiry. If CAIVRS identifies a delinquent Federal debt, the
District Office will immediately suspend processing of the application.
The applicant will be notified that processing has been suspended and
will be asked to contact the appropriate Federal agency, at the
telephone number provided by CAIVRS, to resolve the delinquency. When
the applicant provides FmHA with official documentation that the
delinquency has been paid in full or otherwise resolved, processing of
the application will be continued.
(ii) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the applicant to be ineligible to receive any
grant or loan until the judgment is paid in full or otherwise
satisfied. FmHA loan funds may not be used to satisfy the judgment.
Questions about whether or not a judgment is still outstanding should
be directed to the Office of the General Counsel. If the judgment
remains unsatisfied, or if the applicant is delinquent on a Federal
debt and is unable to resolve the delinquency, the application will be
rejected and the applicant will be notified of its right for an appeal
in accordance with subpart B of part 1900 of this chapter. The
Administrator may waive the rejection upon specific determination that
it is in the best interest of the Government to do so.
(3) * * *
(ii) The State Office shall maintain a working relationship with
the State agency or official that has been designated as the single
point of contact for the intergovernmental review process and give full
consideration to their comments when selecting preapplications to be
processed.
* * * * *
Subpart C--Fire and Rescue Loans
10. Section 1942.111 is amended by adding paragraph (d) to read as
follows:
1942.111 Applicant eligibility.
* * * * *
(d) Delinquency on a Federal Debt
(1) The District Office will check the Department of Housing and
Urban Development's Credit Alert Interactive Voice Response System
(CAIVRS), following the Forms Manual Insert for Form FmHA 1910-3,
``Record of Credit Alert Interactive Voice Response System (CAIVRS)
Inquiry,'' to determine if the applicant is delinquent on a Federal
debt. No decision to deny credit can be based solely on the results of
the CAIVRS inquiry. If CAIVRS identifies a delinquent Federal debt, the
District Office will immediately suspend processing of the application.
The applicant will be notified that processing has been suspended and
will be asked to contact the appropriate Federal agency, at the
telephone number provided by CAIVRS, to resolve the delinquency. When
the applicant provides FmHA with official documentation that the
delinquency has been paid in full or otherwise resolved, processing of
the application will be continued.
(2) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the applicant to be ineligible to receive any
grant or loan until the judgment is paid in full or otherwise
satisfied. FmHA loan funds may not be used to satisfy the judgment.
Questions about whether or not a judgment is still outstanding should
be directed to the Office of the General Counsel. If the judgment
remains unsatisfied, or if the applicant is delinquent on a Federal
debt and is unable to resolve the delinquency, the application will be
rejected and the applicant will be notified of its right for an appeal
in accordance with subpart B of part 1900 of this chapter.
The Administrator may waive the rejection upon specific
determination that it is in the best interest of the Government to do
so.
Subpart G--Rural Business Enterprise Grants and Television
Demonstration Grants
11. Section 1942.305 is amended by adding paragraph (a)(4) to read
as follows:
Sec. 1942.305 Eligibility and priority.
(a) * * *
(4) Delinquency on a Federal Debt
(i) The District Office will check the Department of Housing and
Urban Development's Credit Alert Interactive Voice Response System
(CAIVRS), following the Forms Manual Insert for Form FmHA 1910-3,
``Record of Credit Alert Interactive Voice Response System (CAIVRS)
Inquiry,'' to determine if the applicant is delinquent on a Federal
debt. No decision to deny assistance can be based solely on the results
of the CAIVRS inquiry. If CAIVRS identifies a delinquent Federal debt,
the District Office will immediately suspend processing of the
application. The applicant will be notified that processing has been
suspended and will be asked to contact the appropriate Federal agency,
at the telephone number provided by CAIVRS, to resolve the delinquency.
When the applicant provides FmHA with official documentation that the
delinquency has been paid in full or otherwise resolved, processing of
the application will be continued.
(ii) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the applicant to be ineligible to receive any
grant or loan until the judgment is paid in full or otherwise
satisfied. FmHA loan funds may not be used to satisfy the judgment.
Questions about whether or not a judgment is still outstanding should
be directed to the Office of the General Counsel. If the judgment
remains unsatisfied, or if the applicant is delinquent on a Federal
debt and is unable to resolve the delinquency, the application will be
rejected and the applicant will be notified of its right for an appeal
in accordance with subpart B of part 1900 of this chapter. The
Administrator may waive the rejection upon specific determination that
it is in the best interest of the Government to do so.
* * * * *
Subpart H--Development Grants for Community Domestic Water and
Waste Disposal Systems
12. Section 1942.356 is amended by adding paragraph (a)(4) to read
as follows:
Sec. 1942.356 Applicant eligibility and priority.
(a) * * *
(4) Applicant is not delinquent on a Federal debt.
(i) The District Office will check the Department of Housing and
Urban Development's Credit Alert Interactive Voice Response System
(CAIVRS), following the Forms Manual Insert for Form FmHA 1910-3,
``Record of Credit Alert Interactive Voice Response System (CAIVRS)
Inquiry,'' to determine if the applicant is delinquent on a Federal
debt. No decision to deny assistance can be based solely on the results
of the CAIVRS inquiry. If CAIVRS identifies a delinquent Federal debt,
the District Office will immediately suspend processing of the
application. The applicant will be notified that processing has been
suspended and will be asked to contact the appropriate Federal agency,
at the telephone number provided by CAIVRS, to resolve the delinquency.
When the applicant provides FmHA with official documentation that the
delinquency has been paid in full or otherwise resolved, processing of
the application will be continued.
(ii) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the applicant to be ineligible to receive any
grant or loan until the judgment is paid in full or otherwise
satisfied. FmHA loan funds may not be used to satisfy the judgment.
Questions about whether or not a judgment is still outstanding should
be directed to the Office of the General Counsel. If the judgment
remains unsatisfied, or if the applicant is delinquent on a Federal
debt and is unable to resolve the delinquency, the application will be
rejected and the applicant will be notified of its right for an appeal
in accordance with subpart B of part 1900 of this chapter. The
Administrator may waive the rejection upon specific determination that
it is in the best interest of the Government to do so.
* * * * *
Subpart I--Resource Conservation and Development (RCD) Loans and
Watershed (WS) Loans and Watershed Advances
13. Section 1942.405 is amended by adding paragraph (f) to read as
follows:
Sec. 1942.405 Eligibility.
* * * * *
(f) Applicant must not be delinquent on a Federal debt.
(1) The District Office will check the Department of Housing and
Urban Development's Credit Alert Interactive Voice Response System
(CAIVRS), following the Forms Manual Insert for Form FmHA 1910-3,
``Record of Credit Alert Interactive Voice Response System (CAIVRS)
Inquiry,'' to determine if the applicant is delinquent on a Federal
debt. No decision to deny assistance can be based solely on the results
of the CAIVRS inquiry. If CAIVRS identifies a delinquent Federal debt,
the District Office will immediately suspend processing of the
application. The applicant will be notified that processing has been
suspended and will be asked to contact the appropriate Federal agency,
at the telephone number provided by CAIVRS, to resolve the delinquency.
When the applicant provides FmHA with official documentation that the
delinquency has been paid in full or otherwise resolved, processing of
the application will be continued.
(2) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the applicant to be ineligible to receive any
grant or loan until the judgment is paid in full or otherwise
satisfied. FmHA loan funds may not be used to satisfy the judgment.
Questions about whether or not a judgment is still outstanding should
be directed to the Office of the General Counsel. If the judgment
remains unsatisfied, or if the applicant is delinquent on a Federal
debt and is unable to resolve the delinquency, the application will be
rejected and the applicant will be notified of its right for an appeal
in accordance with subpart B of part 1900 of this chapter. The
Administrator may waive the rejection upon specific determination that
it is in the best interest of the Government to do so.
Subpart J--Technical Assistance and Training Grants
14. Section 1942.457 is amended by adding paragraph (d) to read as
follows:
Sec. 1942.457 Eligibility.
* * * * *
(d) The applicant must not be delinquent on a Federal debt.
(1) The District Office will check the Department of Housing and
Urban Development's Credit Alert Interactive Voice Response System
(CAIVRS), following the Forms Manual Insert for Form FmHA 1910-3,
``Record of Credit Alert Interactive Voice Response System (CAIVRS)
Inquiry,'' to determine if the applicant is delinquent on a Federal
debt. No decision to deny assistance can be based solely on the results
of the CAIVRS inquiry. If CAIVRS identifies a delinquent Federal debt,
the District Office will immediately suspend processing of the
application. The applicant will be notified that processing has been
suspended and will be asked to contact the appropriate Federal agency,
at the telephone number provided by CAIVRS, to resolve the delinquency.
When the applicant provides FmHA with official documentation that the
delinquency has been paid in full or otherwise resolved, processing of
the application will be continued.
(2) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the applicant to be ineligible to receive any
grant or loan until the judgment is paid in full or otherwise
satisfied. FmHA loan funds may not be used to satisfy the judgment.
Questions about whether or not a judgment is still outstanding should
be directed to the Office of the General Counsel. If the judgment
remains unsatisfied, or if the applicant is delinquent on a Federal
debt and is unable to resolve the delinquency, the application will be
rejected and the applicant will be notified of its right for an appeal
in accordance with subpart B of part 1900 of this chapter. The
Administrator may waive the rejection upon specific determination that
it is in the best interest of the Government to do so.
Subpart K--Emergency Community Water Assistance Grants
15. Section 1942.506 is amended by adding paragraph (c) to read as
follows:
Sec. 1942.506 Eligibility.
* * * * *
(c) The applicant must not be delinquent on a Federal debt.
(1) The District Office will check the Department of Housing and
Urban Development's Credit Alert Interactive Voice Response System
(CAIVRS), following the Forms Manual Insert for Form FmHA 1910-3,
``Record of Credit Alert Interactive Voice Response System (CAIVRS)
Inquiry,'' to determine if the applicant is delinquent on a Federal
debt. No decision to deny assistance can be based solely on the results
of the CAIVRS inquiry. If CAIVRS identifies a delinquent Federal debt,
the District Office will immediately suspend processing of the
application. The applicant will be notified that processing has been
suspended and will be asked to contact the appropriate Federal agency,
at the telephone number provided by CAIVRS, to resolve the delinquency.
When the applicant provides FmHA with official documentation that the
delinquency has been paid in full or otherwise resolved, processing of
the application will be continued.
(2) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the applicant to be ineligible to receive any
grant or loan until the judgment is paid in full or otherwise
satisfied. FmHA loan funds may not be used to satisfy the judgment.
Questions about whether or not a judgment is still outstanding should
be directed to the Office of the General Counsel. If the judgment
remains unsatisfied, or if the applicant is delinquent on a Federal
debt and is unable to resolve the delinquency, the application will be
rejected and the applicant will be notified of its right for an appeal
in accordance with subpart B of part 1900 of this chapter. The
Administrator may waive the rejection upon specific determination that
it is in the best interest of the Government to do so.
PART 1943--FARM OWNERSHIP, SOIL AND WATER AND RECREATION
16. The authority citation for part 1943 continues to read as
follows:
Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR
2.23; 7 CFR 2.70.
Subpart A--Insured Farm Ownership Loan Policies, Procedures, and
Authorizations
17. Section 1943.12 is amended in paragraphs (a)(1) and (b)(4)(i)
in the fourth sentence by changing the reference from ``INS Form G-641,
`Application for Verification of Information from Immigration and
Naturalization Records,''' to ``INS Form G-639, `Verification Request
Form,''' and in the last sentence by changing the reference from ``INS
Form G-641'' to ``INS Form G-639,'' by revising the introductory text
and paragraphs (a)(4) and (b)(4)(iii), and by adding paragraph (d) to
read as follows:
Sec. 1943.12 Farm ownership loan eligibility requirements.
Subject to the restrictions listed in paragraph (d) of this
section, an applicant is eligible for loan assistance if the following
requirements are met:
(a) * * *
(4) Have the character (emphasizing credit history, past record of
debt repayment, and reliability) and industry to carry out the proposed
operation. Past record of debt repayment will not be cause for a
determination that the applicant/borrower is not eligible if an honest
attempt has been made to make the payment(s). If an applicant is
delinquent on a Federal debt (other than a Farmer Program debt, in
accordance with Sec. 1941.14 of subpart A of part 1941 of this
chapter), it is automatically ineligible for loan assistance.
(i) The County Office will use Form FmHA 1910-3, ``Record of Credit
Alert Interactive Voice Response System (CAIVRS) Inquiry,'' to check
the Department of Housing and Urban Development's CAIVRS to determine
if the applicant is delinquent on a Federal debt. No decision to deny
credit can be based solely on the results of the CAIVRS inquiry. If
CAIVRS identifies a delinquent Federal debt, the County Office will
immediately suspend processing of the application. The applicant will
be notified that processing has been suspended and will be asked to
contact the appropriate Federal agency, at the telephone number
provided by CAIVRS, to resolve the delinquency. When the applicant
provides FmHA with official documentation that the delinquency has been
paid in full or otherwise resolved, processing of the application will
be continued.
(ii) If the applicant is delinquent on a Federal debt (other than a
Farmer Program debt), and is unable to resolve the delinquency, the
application will be rejected and the applicant will be notified of its
right for an appeal in accordance with subpart B of part 1900 of this
chapter. The Administrator may waive this restriction upon specific
determination that it is in the best interest of the Government to do
so.
* * * * *
(b) * * *
(4) * * *
(iii) Have the character (emphasizing credit history, past record
of debt repayment, and reliability) and industry to carry out the
proposed operation. This requirement must be met by the individual
members, stockholders, partners, or joint operators. Past record of
debt repayment will not be cause for a determination that the
applicant/borrower is not eligible if an honest attempt has been made
to make the payment(s). If the entity or any of its members is
delinquent on a Federal debt (other than a Farmer Program debt, in
accordance with Sec. 1941.14 of subpart A of part 1941 of this
chapter), the entity is automatically ineligible for loan assistance.
(A) The County Office will use Form FmHA 1910-3 to check the
Department of Housing and Urban Development's CAIVRS to determine if
the entity or any of its members is delinquent on a Federal debt. No
decision to deny credit can be based solely on the results of the
CAIVRS inquiry. If CAIVRS identifies a delinquent Federal debt, the
County Office will immediately suspend processing of the application.
The applicant will be notified that processing has been suspended and
will be asked to contact the appropriate Federal agency, at the
telephone number provided by CAIVRS, to resolve the delinquency. When
the applicant provides FmHA with official documentation that the
delinquency has been paid in full or otherwise resolved, processing of
the application will be continued.
(B) If the applicant is delinquent on a Federal debt (other than a
Farmer Program debt) and is unable to resolve the delinquency, the
application will be rejected and the applicant will be notified of its
right for an appeal in accordance with subpart B of part 1900 of this
chapter. The Administrator may waive this restriction upon specific
determination that it is in the best interest of the Government to do
so.
* * * * *
(d) Restrictions. An Applicant will be considered ineligible for
loan assistance under any of the following circumstances. A decision to
deny a loan for any of these reasons is not appealable.
(1) In accordance with the Food Security Act of 1985 (Pub. L. 99-
198), after December 23, 1985, if an individual or any member,
stockholder, partner, or joint operator of an entity is convicted under
Federal or State law of planting, cultivating, growing, producing,
harvesting, or storing a controlled substance (see 21 CFR part 1308,
which is exhibit C of subpart A of part 1941 of this chapter (available
in any FmHA office) for the definition of ``controlled substance'')
prior to loan approval in any crop year, the individual or entity shall
be ineligible for a loan for the crop year in which the individual or
member, stockholder, partner, or joint operator of the entity was
convicted and the four succeeding crop years. Applicants will attest on
Form FmHA 410-1, ``Application for FmHA Services,'' that as individuals
or that its members, if an entity, have not been convicted of such
crimes after December 23, 1985.
(2) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the applicant to be ineligible for any Farmer
Program loan until the judgment is paid in full or otherwise satisfied.
FmHA loan funds may not be used to satisfy the judgment. Questions
about whether or not a judgment is still outstanding should be directed
to the Office of the General Counsel. The Administrator may waive this
restriction upon specific determination that it is in the best interest
of the Government to do so.
Subpart B--Insured Soil and Water Loan Policies, Procedures, and
Authorizations
18. Section 1943.62 is amended in paragraphs (a)(1) and (b)(3) in
the fourth sentence by changing the reference from ``INS Form G-641,
`Application for Verification of Information from Immigration and
Naturalization Records,''' to ``INS Form G-639, `Verification Request
Form,''' and in the seventh sentence by changing the reference from
``INS Form G-641'' to ``INS Form G-639,'' by revising the introductory
text and paragraphs (a)(4) and (b)(1), and by adding paragraph (c) to
read as follows:
Sec. 1943.62 Soil and water loan eligibility requirements.
Subject to the restrictions listed in paragraph (d) of this
section, an applicant is eligible for loan assistance if the following
requirements are met:
(a) * * *
(4) Have the character (emphasizing credit history, past record of
debt repayment and reliability), and industry necessary to carry out
the proposed operation. Past record of debt repayment will not be cause
for a determination that the applicant/borrower is not eligible if an
honest attempt has been made to make the payment(s). If an applicant is
delinquent on a Federal debt (other than a Farmer Program debt, in
accordance with Sec. 1941.14 of subpart A of part 1941 of this
chapter), it is automatically ineligible for loan assistance.
(i) The County Office will use Form FmHA 1910-3, ``Record of Credit
Alert Interactive Voice Response System (CAIVRS) Inquiry,'' to check
the Department of Housing and Urban Development's CAIVRS to determine
if the applicant is delinquent on a Federal debt. No decision to deny
credit can be based solely on the results of the CAIVRS inquiry. If
CAIVRS identifies a delinquent Federal debt, the County Office will
immediately suspend processing of the application. The applicant will
be notified that processing has been suspended and will be asked to
contact the appropriate Federal agency, at the telephone number
provided by CAIVRS, to resolve the delinquency. When the applicant
provides FmHA with official documentation that the delinquency has been
paid in full or otherwise resolved, processing of the application will
be continued.
(ii) If the applicant is delinquent on a Federal debt (other than a
Farmer Program debt), and is unable to resolve the delinquency, the
application will be rejected and the applicant will be notified of its
right for an appeal in accordance with subpart B of part 1900 of this
chapter. The Administrator may waive this restriction upon specific
determination that it is in the best interest of the Government to do
so.
* * * * *
(b) * * *
(1) Have the character (emphasizing credit history, past record of
debt repayment and reliability), and industry necessary to carry out
the proposed operation. This requirement also must be met by the
individual members, stockholders, partners, or joint operators. Past
record of debt repayment will not be cause for a determination that the
applicant/borrower is not eligible if an honest attempt has been made
to make the payment(s). If the applicant (the entity or any of its
members) is delinquent on a Federal debt (other than a Farmer Program
debt, in accordance with Sec. 1941.14 of subpart A or part 1941 of this
chapter), the entity is automatically ineligible for loan assistance.
(i) The County Office will use Form FmHA 1910-3 to check the
Department of Housing and Urban Development's CAIVRS to determine if
the entity or any of its members is delinquent on a Federal debt. No
decision to deny credit can be based solely on the results of the
CAIVRS inquiry. If CAIVRS identifies a delinquent Federal debt, the
County Office will immediately suspend processing of the application.
The applicant will be notified that processing has been suspended and
will be asked to contact the appropriate Federal agency, at the
telephone number provided by CAIVRS, to resolve the delinquency. When
the applicant provides FmHA with official documentation that the
delinquency has been paid in full or otherwise resolved, processing of
the application will be continued.
(ii) If the applicant is delinquent on a Federal debt (other than a
Farmer Program debt) and is unable to resolve the delinquency, the
application will be rejected and the applicant will be notified of its
right for an appeal in accordance with subpart B of part 1900 of this
chapter. The Administrator may waive this restriction upon specific
determination that it is in the best interest of the Government to do
so.
* * * * *
(d) Restrictions. An applicant will be considered ineligible for
loan assistance under any of the following circumstances. A decision to
deny a loan for any of these reasons is not appealable.
(1) In accordance with the Food Security Act of 1985 (Pub. L. 99-
198), after December 23, 1985, if an individual or any member,
stockholder, partner, or joint operator of an entity is convicted under
Federal or State law of planting, cultivating, growing, producing,
harvesting, or storing a controlled substance (see 21 CFR part 1308,
which is exhibit C of subpart A of part 1941 of this chapter (available
in any FmHA office) for the definition of ``controlled substance'')
prior to loan approval in any crop year, the individual or entity shall
be ineligible for a loan for the crop year in which the individual or
member, stockholder, partner, or joint operator of the entity was
convicted and the four succeeding crop years. Applicants will attest on
Form FmHA 410-1, ``Application for FmHA Service,'' that as individuals
or that its members, if an entity, have not been convicted of such
crimes after December 23, 1985.
(2) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the applicant to be ineligible for any Farmer
Program loan until the judgment is paid in full or otherwise satisfied.
FmHA loan funds may not be used to satisfy the judgment. Questions
about whether or not a judgment is still outstanding should be directed
to the Office of the General Counsel. The Administrator may waive this
restriction upon specific determination that it is in the best interest
of the Government to do so.
PART 1944--HOUSING
19. The authority citation for Part 1944 continues to read as
follows:
Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR
2.23; 7 CFR 2.70.
Subpart A--Section 502 Rural Housing Loan Policies, Procedures, and
Authorizations
20. Section 1944.9 is amended by adding paragraph (f)(5) to read as
follows:
Sec. 1944.9 Other eligibility requirements.
* * * * *
(f) * * *
(5) The loan approval official will check the Department of Housing
and Urban Development's Credit Alert Interactive Voice Response System
(CAIVRS), following the Forms Manual Insert for Form FmHA 1910-3,
``Record of Credit Alert Interactive Voice Response System (CAIVRS)
Inquiry,'' to determine if the applicant is delinquent on a Federal
debt. No decision to deny credit can be based solely on the results of
the CAIVRS inquiry. If CAIVRS identifies a delinquent Federal debt, the
loan approval official will immediately suspend processing of the
application. The applicant will be notified that processing has been
suspended and will be asked to contact the appropriate Federal agency,
at the telephone number provided by CAIVRS, to resolve the delinquency.
When the applicant provides FmHA with official documentation that the
delinquency has been paid in full or otherwise resolved, processing of
the application will be continued. An outstanding judgment obtained by
the United States in a Federal Court (other than the United States Tax
Court), which has been recorded, shall cause the applicant to be
ineligible to receive any grant or loan until the judgment is paid in
full or otherwise satisfied. FmHA loan funds may not be used to satisfy
the judgment. Questions about whether or not a judgment is still
outstanding should be directed to the Office of the General Counsel. If
the judgment remains unsatisfied, or if the applicant is delinquent on
a Federal debt and is unable to resolve the delinquency, the
application will be rejected and the applicant will be notified of its
right for an appeal in accordance with subpart B of part 1900 of this
chapter. The Administrator may waive the rejection upon specific
determination that it is in the best interest of the Government to do
so.
Subpart D--Farm Labor Housing Loan and Grant Policies, Procedures,
and Authorizations
21. Section 1944.157 is amended by adding paragraph (a)(10) to read
as follows:
Sec. 1944.157 Eligibility requirements.
(a) * * *
(10) Not be delinquent on a Federal debt or have a judgment lien
against its property for a debt owed the United States.
(i) The District Office will check the Department of Housing and
Urban Development's Credit Alert Interactive Voice Response System
(CAIVRS), following the Forms Manual Insert for Form FmHA 1910-3,
``Record of Credit Alert Interactive Voice Response System (CAIVRS)
Inquiry,'' to determine if the applicant is delinquent on a Federal
debt. No decision to deny credit can be based solely on the results of
the CAIVRS inquiry. If CAIVRS identifies a delinquent Federal debt, the
District Office will immediately suspend processing of the application.
The applicant will be notified that processing has been suspended and
will be asked to contact the appropriate Federal agency, at the
telephone number provided by CAIVRS, to resolve the delinquency. When
the applicant provides FmHA with official documentation that the
delinquency has been paid in full or otherwise resolved, processing of
the application will be continued.
(ii) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the applicant to be ineligible to receive any
grant or loan until the judgment is paid in full or otherwise
satisfied. FmHA loan funds may not be used to satisfy the judgment.
Questions about whether or not a judgment is still outstanding should
be directed to the Office of the General Counsel. If the judgment
remains unsatisfied, or if the applicant is delinquent on a Federal
debt and is unable to resolve the delinquency, the application will be
rejected and the applicant will be notified of its right for an appeal
in accordance with subpart B of part 1900 of this chapter. The
Administrator may waive the rejection upon specific determination that
it is in the best interest of the Government to do so.
(iii) For the purposes of this paragraph, applicant is defined as
the applicant entity. In the case of a limited partnership, the
applicant entity and each general partner will be considered.
* * * * *
Subpart E--Rural Rental and Rural Cooperative Housing Loan
Policies, Procedures, and Authorizations
22. Section 1944.211 is amended by adding paragraph (a)(15) to read
as follows:
Sec. 1944.211 Eligibility requirements.
(a) * * *
(15) Not be delinquent on a Federal debt or have a judgment lien
against its property for a debt owed the United States.
(i) The District Office will check the Department of Housing and
Urban Development's Credit Alert Interactive Voice Response System
(CAIVRS), following the Forms Manual Insert for Form FmHA 1910-3,
``Record of Credit Alert Interactive Voice Response System (CAIVRS)
Inquiry,'' to determine if the applicant is delinquent on a Federal
debt. No decision to deny credit can be based solely on the results of
the CAIVRS inquiry. If CAIVRS identifies a delinquent Federal debt, the
District office will immediately suspend processing of the application.
The applicant will be notified that processing has been suspended and
will be asked to contact the appropriate Federal agency, at the
telephone number provided by CAIVRS, to resolve the delinquency. When
the applicant provides FmHA with official documentation that the
delinquency has been paid in full or otherwise resolved, processing of
the application will be continued.
(ii) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the applicant to be ineligible to receive any
grant or loan until the judgment is paid in full or otherwise
satisfied. FmHA loan funds may not be used to satisfy the judgment.
Questions about whether or not a judgment is still outstanding should
be directed to the Office of the General Counsel. If the judgment
remains unsatisfied, or if the applicant is delinquent on a Federal
debt and is unable to resolve the delinquency, the application will be
rejected and the applicant will be notified of its right for an appeal
in accordance with subpart B of part 1900 of this chapter. The
Administrator may waive the rejection upon specific determination that
it is in the best interest of the Government to do so.
(iii) For the purposes of this paragraph, applicant is defined as
the applicant entity. In the case of a limited partnership, the
applicant entity and each general partner will be considered.
* * * * *
Subpart J--Section 504 Rural Housing Loans and Grants
23. Section 1944.467 is amended by revising paragraph (c) to read
as follows:
Sec. 1944.467 Processing applications.
* * * * *
(c) Credit investigation. Credit reports will be used for all loans
of more than $7,500, and will be ordered at no cost to the applicant in
accordance with subpart B of part 1910 (available in any FmHA office).
Credit reports will not be used for grant assistance or loans of $7,500
or less. In all cases, before making a loan, the County Office will
check the Department of Housing and Urban Development's Credit Alert
Interactive Voice Response System (CAIVRS), following the Forms Manual
Insert for Form FmHA 1910-3, ``Record of Credit Alert Interactive Voice
Response System (CAIVRS) Inquiry,'' to determine if the applicant is
delinquent on a Federal debt. No decision to deny credit can be based
solely on the results of the CAIVRS inquiry. If CAIVRS identifies a
delinquent Federal debt, the County Office will immediately suspend
processing of the application. The applicant will be notified that
processing has been suspended and will be asked to contact the
appropriate Federal agency, at the telephone number provided by CAIVRS,
to resolve the delinquency. When the applicant provides FmHA with
official documentation that the delinquency has been paid in full or
otherwise resolved, processing of the application will be continued. An
outstanding judgment obtained by the United States in a Federal Court
(other than the United States Tax Court), which has been recorded,
shall cause the applicant to be ineligible to receive any grant or loan
until the judgment is paid in full or otherwise satisfied. FmHA loan
funds may not be used to satisfy the judgment. Questions about whether
or not a judgment is still outstanding should be directed to the Office
of the General Counsel. If the judgment remains unsatisfied, or if the
applicant is delinquent on a Federal debt and is unable to resolve the
delinquency, the application will be rejected and the applicant will be
notified of its right for an appeal in accordance with subpart B of
part 1900 of this chapter. The Administrator may waive the rejection
upon specific determination that it is in the best interest of the
Government to do so.
* * * * *
PART 1945--EMERGENCY
24. The authority citation for part 1945 continues to read as
follows:
Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR
2.23; 7 CFR 2.70.
Subpart D--Emergency Loan Policies, Procedures, and Authorizations
25. Section 1945.162 is amended in paragraph (b)(1) in the fourth
sentence by changing the reference from ``INS Form G-641, `Application
for Verification of Information from Immigration and Naturalization
Records,''' to ``INS Form G-639, `Verification Request Form,''' and in
the last sentence by changing the reference from ``INS Form G-641'' to
``INS Form G-639,'' by revising the introductory text and paragraph
(g), and by adding paragraph (n) to read as follows:
Sec. 1945.162 Eligibility requirements.
Subject to the restrictions listed in paragraph (n) of this
section, an applicant is eligible for loan assistance if the following
requirements are met:
* * * * *
(g) Training and experience. An applicant must have sufficient
applicable training or farming experience in managing and operating a
farm or ranch (1 year's complete production and marketing cycle within
the last 5 years immediately preceding the application) which indicates
the managerial ability necessary to assure reasonable prospects of
success in the proposed plan of operation and have the character
(emphasizing credit history, past record of debt repayment and
reliability), and industry necessary to carry out the proposed
operation. If an applicant is delinquent on a Federal debt (other than
a Farmer Program debt, in accordance with Sec. 1941.14 of subpart A of
part 1941 of this chapter), it is automatically ineligible for loan
assistance.
(1) The County Office will use Form FmHA 1910-3, ``Record of Credit
Alert Interactive Voice Response System (CAIVRS) Inquiry,'' to check
the Department of Housing and Urban Development's CAIVRS to determine
if the applicant is delinquent on a Federal debt. No decision to deny
credit can be based solely on the results of the CAIVRS inquiry. If
CAIVRS identifies a delinquent Federal debt, the County Office will
immediately suspend processing of the application. The applicant will
be notified that processing has been suspended and will be asked to
contact the appropriate Federal agency, at the telephone number
provided by CAIVRS, to resolve the delinquency. When the applicant
provides FmHA with official documentation that the delinquency has been
paid in full or otherwise resolved, processing of the application will
be continued.
(2) If the individual applicant (or entity, or any member of the
entity) is delinquent on a Federal debt (other than a Farmer Program
debt), and is unable to resolve the delinquency, the application will
be rejected and the applicant will be notified of its right for an
appeal in accordance with subpart B of part 1900 of this chapter. The
Administrator may waive this restriction upon specific determination
that it is in the best interest of the Government to do so.
* * * * *
(n) Restrictions. An applicant will be considered ineligible for
loan assistance under any of the following circumstances. A decision to
deny a loan for any of these reasons is not appealable.
(1) In accordance with the Food Security Act of 1985 (Pub. L. 99-
198), after December 23, 1985, if an individual or any member,
stockholder, partner, or joint operator of an entity is convicted under
Federal or State law of planting, cultivating, growing, producing,
harvesting, or storing a controlled substance (see 21 CFR part 1308,
which is exhibit C of subpart A of part 1941 of this chapter (available
in any FmHA office) for the definition of ``controlled substance'')
prior to loan approval in any crop year, the individual or entity shall
be ineligible for a loan for the crop year in which the individual or
member, stockholder, partner, or joint operator of the entity was
convicted and the four succeeding crop years. Applicants will attest on
Form FmHA 410-1, ``Application for FMHA Services,'' that as individuals
or that its members, if an entity, have not been convicted of such
crimes after December 23, 1985.
(2) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the applicant to be ineligible for any Farmer
Program loan until the judgment is paid in full or otherwise satisfied.
FmHA loan funds may not be used to satisfy the judgment. Questions
about whether or not a judgment is still outstanding should be directed
to the Office of the General Counsel. The Administrator may waive this
restriction upon specific determination that it is in the best interest
of the Government to do so.
PART 1948--RURAL DEVELOPMENT
26. The authority citation for Part 1948 continues to read as
follows:
Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR
2.23; 7 CFR 2.70.
Subpart B--Section 601--Energy Impacted Area Development Assistance
Program
27. Section 1948.54 is amended by designating the text as paragraph
(a), and adding paragraph (b) to read as follows:
Sec. 1948.54 Eligible applicants.
* * * * *
(b) The applicant must not be delinquent on a Federal debt.
(1) The District Office will check the Department of Housing and
Urban Development's Credit Alert Interactive Voice Response System
(CAIVRS), following the Forms Manual Insert for Form FmHA 1910-3,
``Record of Credit Alert Interactive Voice Response System (CAIVRS)
Inquiry,'' to determine if the applicant is delinquent on a Federal
debt. No decision to deny assistance can be based solely on the results
of the CAIVRS inquiry. If CAIVRS identifies a delinquent Federal debt,
the District Office will immediately suspend processing fo the
application. The applicant will be notified that processing has been
suspended and will be asked to contact the appropriate Federal agency,
at the telephone number provided by CAIVRS, to resolve the delinquency.
When the applicant provides FmHA with official documentation that the
delinquency has been paid in full or otherwise resolved, processing of
the application will be continued.
(2) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the applicant to be ineligible to receive any
grant or loan until the judgment is paid in full or otherwise
satisfied. FmHA loan funds may not be used to satisfy the judgment.
Questions about whether or not a judgment is still outstanding should
be directed to the Office of the General Counsel. If the judgment
remains unsatisfied, or if the applicant is delinquent on a Federal
debt and is unable to resolve the delinquency, the application will be
rejected and the applicant will be notified of its right for an appeal
in accordance with subpart B of part 1900 of this chapter. The
Administrator may waive the rejection upon specific determination that
it is in the best interest of the Government to do so.
Subpart C--Intermediary Relending Program (IRP)
28. Section 1948.117 is amended by adding paragraph (d) to read as
follows:
Sec. 1948.117 Other regulatory requirements.
* * * * *
(d) The applicant must not be delinquent on a Federal debt.
(1) The District Office will check the Department of Housing and
Urban Development's Credit Alert Interactive Voice Response System
(CAIVRS), following the Forms Manual Insert for Form FmHA 1910-3,
``Record of Credit Alert Interactive Voice Response System (CAIVRS)
Inquiry,'' to determine if the applicant is delinquent on a Federal
debt. No decision to deny assistance can be based solely on the results
of the CAIVRS inquiry. If CAIVRS identifies a delinquent Federal debt,
the District Office will immediately suspend processing of the
application. The applicant will be notified that processing has been
suspended and will be asked to contact the appropriate Federal agency,
at the telephone number provided by CAIVRS, to resolve the delinquency.
When the applicant provides FmHA with official documentation that the
delinquency has been paid in full or otherwise resolved, processing of
the application will be continued.
(2) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the applicant to be ineligible to receive any
grant or loan until the judgment is paid in full or otherwise
satisfied. FmHA loan funds may not be used to satisfy the judgment.
Questions about whether or not a judgment is still outstanding should
be directed to the Office of the General Counsel. If the judgment
remains unsatisfied, or if the applicant is delinquent on a Federal
debt and is unable to resolve the delinquency, the application will be
rejected and the applicant will be notified of its right for an appeal
in accordance with subpart B of part 1900 of this chapter.
The Administrator may waive the rejection upon specific
determination that it is in the best interest of the Government to do
so.
29. Section 1948.128 is amended by redesignating paragraph (d) as
paragraph (e), and adding a new paragraph (d) to read as follows:
Sec. 1948.128 Requests to make loans to ultimate recipients.
* * * * *
(d) If the ultimate recipient is a partnership or for-profit
corporation, the intermediary will provide certifications from each
general partner or stockholder owning a 10 percent or more interest as
to whether it is delinquent on any Federal debt or has a judgment lien
against its property for a debt owed the United States.
* * * * *
PART 1951--SERVICING AND COLLECTIONS
30. The authority citation for Part 1951 continues to read as
follows:
Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR
2.23; 7 CFR 2.70.
Subpart E--Servicing of Community and Insured Business Programs
Loans and Grants
31. Section 1951.230 is amended by adding paragraph (a)(13) to read
as follows:
Sec. 1951.230 Transfer of security and assumption of loans.
(a) * * *
(13) The transferee must not be delinquent on a Federal debt or
have a Federal judgment lien against its property.
(i) The District Office will check the Department of Housing and
Urban Development's Credit Alert Interactive Voice Response System
(CAIVRS), following the Forms Manual Insert for Form FmHA 1910-3,
``Record of Credit Alert Interactive Voice Response System (CAIVRS)
Inquiry,'' to determine if the transferee is delinquent on a Federal
debt. No decision to deny assistance can be based solely on the results
of the CAIVRS inquiry. If CAIVRS identifies a delinquent Federal debt,
the District Office will immediately suspend processing of the
application. The transferee will be notified that processing has been
suspended and will be asked to contact the appropriate Federal agency,
at the telephone number provided by CAIVRS, to resolve the delinquency.
When the transferee provides FmHA with official documentation that the
delinquency has been paid in full or otherwise resolved, processing of
the application will be continued.
(ii) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the transferee to be ineligible to receive any
grant or loan until the judgment is paid in full or otherwise
satisfied. FmHA loan funds may not be used to satisfy the judgment.
Questions about whether or not a judgment is still outstanding should
be directed to the Office of the General Counsel. If the judgment
remains unsatisfied, or if the transferee is delinquent on a Federal
debt and is unable to resolve the delinquency, the application will be
rejected and the transferee will be notified of its right for an appeal
in accordance with subpart B of part 1900 of this chapter. The
Administrator may waive the rejection upon specific determination that
it is in the best interest of the Government to do so.
* * * * *
PART 1980--GENERAL
32. The authority citation for part 1980 continues to read as
follows:
Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR
2.23; 7 CFR 2.70.
Subpart B--Farmer Program Loans
33. Section 1980.175 is amended in paragraphs (b)(1)(i) and
(b)(2)(iv)(A) in the fourth sentence by changing the reference from
``INS Form G-641, `Application for Verification of Information from
Immigration and Naturalization Records,''' to ``INS Form G-639,
`Verification Request Form,''' and in the last sentence by changing the
reference from ``INS Form G-641'' to ``INS Form G-639,'' by revising
the introductory text of paragraph (b), by revising paragraphs
(b)(1)(iv), (b)(1)(v), (b)(2)(iv)(C) and (b)(2)(iv)(D), and by adding
paragraph (b)(3) to read as follows:
Sec. 1980.175 Operating loans.
* * * * *
(b) Loan eligibility requirements. Subject to the restrictions
listed in paragraph (b)(3) of this section, an applicant is eligible
for loan assistance if the following requirements are met:
(1) * * *
(iv) Have the character (emphasizing credit history, past record of
debt repayment and reliability), and industry to carry out the proposed
operation. Past record of debt repayment will not be cause for a
determination that the applicant is not eligible if an honest attempt
has been made to meet the obligation. If an applicant is delinquent on
a Federal debt (other than a Farmer Program debt, in accordance with
Sec. 1941.14 of subpart A of part 1941 of this chapter), it is
automatically ineligible for loan assistance.
(A) The County Office will use Form FmHA 1910-3, ``Record of Credit
Alert Interactive Voice Response System (CAIVRS) Inquiry,'' to check
the Department of Housing and Urban Development's CAIVRS to determine
if the applicant is delinquent on a Federal debt. No decision to deny
credit can be based solely on the results of the CAIVRS inquiry. If
CAIVRS identifies a delinquent Federal debt, the County Office will
immediately suspend processing of the application. The applicant will
be notified that processing has been suspended and will be asked to
contact the appropriate Federal agency, at the telephone number
provided by CAIVRS, to resolve the delinquency. When the applicant
provides FmHA with official documentation that the delinquency has been
paid in full or otherwise resolved, processing of the application will
be continued.
(B) If the applicant is delinquent on a Federal debt (other than a
Farmer Program debt), and is unable to resolve the delinquency, the
application will be rejected and the applicant will be notified of its
right for an appeal in accordance with subpart B of part 1900 of this
chapter. The Administrator may waive this restriction upon specific
determination that it is in the best interest of the Government to do
so.
(v) Honestly endeavor to carry out the applicant's/borrower's
undertakings and obligations. This would include, but is not limited
to, providing current, complete, and truthful information when applying
for assistance and making every reasonable effort to meet the
conditions and terms of the proposed loan.
* * * * *
(2) * * *
(iv) * * *
(C) They and the entity itself must have the character (emphasizing
credit history, past record of debt repayment and reliability), and
industry to carry out the proposed operation. Past record of debt
repayment will not be cause for a determination that the applicant is
not eligible if an honest attempt has been made to meet the obligation.
If the applicant (the entity or any of its members) is delinquent on a
Federal debt (other than a Farmer Program debt, in accordance with
Sec. 1941.14 of subpart A of part 1941 of this chapter), it is
automatically ineligible for loan assistance.
(1) The County Office will use Form FmHA 1910-3 to check the
Department of Housing and Urban Development's CAIVRS to determine if
the applicant is delinquent on a Federal debt. No decision to deny
credit can be based solely on the results of the CAIVRS inquiry. If
CAIVRS identifies a delinquent Federal debt, the County Office will
immediately suspend processing of the application. The applicant will
be notified that processing has been suspended and will be asked to
contact the appropriate Federal agency, at the telephone number
provided by CAIVRS, to resolve the delinquency. When the applicant
provides FmHA with official documentation that the delinquency has been
paid in full or otherwise resolved, processing of the application will
be continued.
(2) If the applicant is delinquent on a Federal debt (other than a
Farmer Program debt) and is unable to resolve the delinquency, the
application will be rejected and the applicant will be notified of its
right for an appeal in accordance with subpart B of part 1900 of this
chapter. The Administrator may waive this restriction upon specific
determination that it is in the best interest of the Government to do
so.
(D) They and the entity itself will honestly endeavor to carry out
the applicant's/borrower's undertakings and obligations. This would
include, but is not limited to, providing current, complete, and
truthful information when applying for assistance and making every
reasonable effort to meet the conditions and terms of the proposed
loan.
* * * * *
(3) Restrictions. An applicant will be considered ineligible for
loan assistance under any of the following circumstances. A decision to
deny a loan for any of these reasons is not appealable.
(i) In accordance with the Food Security Act of 1985 (Pub. L. 99-
198) after December 23, 1985, if an individual or any member,
stockholder, partner, or joint operator of an entity is convicted under
Federal or State law of planting, cultivating, growing, producing,
harvesting or storing a controlled substance (see 21 CFR part 1308,
which is exhibit C of subpart A of part 1941 of this chapter (available
in any FmHA office) for the definition of ``controlled substance'')
prior to loan approval in any crop year, the individual or entity shall
be ineligible for a loan for the crop year in which the individual or
member, stockholder, partner, or joint operator of the entity was
convicted and the four succeeding crop years. Applicants will attest on
Form FmHA 410-1, ``Application for FmHA Services,'' that as individuals
or that its members, if an entity, have not been convicted of such
crimes after December 23, 1985.
(ii) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the applicant to be ineligible for any Farmer
Program loan or loan guarantee until the judgment is paid in full or
otherwise satisfied. FmHA loan funds may not be used to satisfy the
judgment. Questions about whether or not a judgment is still
outstanding should be directed to the Office of the General Counsel.
The Administrator may waive this restriction upon specific
determination that it is in the best interest of the Government to do
so.
* * * * *
34. Section 1980.185 is amended in paragraphs (b)(1)(i) and
(b)(2)(iii) in the fourth sentence by changing the reference from ``INS
Form G-641, `Application for Verification of Information from
Immigration and Naturalization Records,''' to ``INS Form G-639,
`Verification Request Form,''' and in the last sentence by changing the
reference from ``INS Form G-641'' to ``INS Form G-639,'' by revising
the introductory text of paragraph (b), by revising paragraphs
(b)(1)(iv), (b)(1)(v), (b)(2)(i) and (b)(2)(ii), and by adding
paragraph (b)(3) to read as follows:
Sec. 1980.185 Soil and Water loans.
* * * * *
(b) Soil and Water loan eligibility requirements. Subject to the
restrictions listed in paragraph (b)(3) of this section, an applicant
is eligible for loan assistance if the following requirements are met:
(1) * * *
(iv) Have the character (emphasizing credit history, past record of
debt repayment and reliability) and industry to carry out the proposed
operation. Past record of debt repayment will not be cause for a
determination that the applicant is not eligible if an honest attempt
has been made to meet the obligation. If an applicant (the entity or
any of its members) is delinquent on a Federal debt (other than a
Farmer Program debt, in accordance with Sec. 1941.14 of subpart A of
part 1941 of this chapter), it is automatically ineligible for loan
assistance.
(A) The County Office will use Form FmHA 1910-3 to check the
Department of Housing and Urban Development's CAIVRS to determine if
the applicant is delinquent on a Federal debt. No decision to deny
credit can be based solely on the results of the CAIVRS inquiry. If
CAIVRS identifies a delinquent Federal debt, the County Office will
immediately suspend processing of the application. The applicant will
be notified that processing has been suspended and will be asked to
contact the appropriate Federal agency, at the telephone number
provided by CAIVRS, to resolve the delinquency. When the applicant
provides FmHA with official documentation that the delinquency has been
paid in full or otherwise resolved, processing of the application will
be continued.
(B) If the applicant is delinquent on a Federal debt (other than a
Farmer Program debt), and is unable to resolve the delinquency, the
application will be rejected and the applicant will be notified of its
right for an appeal in accordance with subpart B of part 1900 of this
chapter. The Administrator may waive this restriction upon specific
determination that it is in the best interest of the Government to do
so.
(v) Honestly endeavor to carry out the applicant's/borrower's
undertakings and obligations. This would include, but is not limited
to, providing current, complete, and truthful information when applying
for assistance and making every reasonable effort to meet the
conditions and terms of the proposed loan.
* * * * *
(2) * * *
(i) Along with all of its members, stockholders, partners, or joint
operators have the character (emphasizing credit history, past record
of debt repayment and reliability) and industry to carry out the
proposed operation. Past record of debt repayment will not be cause for
a determination that the applicant is not eligible if an honest attempt
has been made to meet the obligation. If the applicant (the entity or
any of its members) is delinquent on a Federal debt (other than a
Farmer Program debt, in accordance with Sec. 1941.14 of subpart A of
part 1941 of this chapter), it is automatically ineligible for loan
assistance.
(A) The County Office will use Form FmHA 1910-3 to check the
Department of Housing and Urban Development's CAIVRS to determine if
the applicant is delinquent on a Federal debt. No decision to deny
credit can be based solely on the results of the CAIVRS inquiry. If
CAIVRS identifies a delinquent Federal debt, the County Office will
immediately suspend processing of the application. The applicant will
be notified that processing has been suspended and will be asked to
contact the appropriate Federal agency, at the telephone number
provided by CAIVRS, to resolve the delinquency. When the applicant
provides FmHA with official documentation that the delinquency has been
paid in full or otherwise resolved, processing of the application will
be continued.
(B) If the applicant is delinquent on a Federal debt (other than a
Farmer Program debt) and is unable to resolve the delinquency, the
application will be rejected and the applicant will be notified of its
right for an appeal in accordance with subpart B of part 1900 of this
chapter. The Administrator may waive this restriction upon specific
determination that it is in the best interest of the Government to do
so.
(ii) Along with all of its members, stockholders, partners or joint
operators, honestly endeavor to carry out the applicant's/borrower's
undertakings and obligations. This would include, but is not limited
to, providing current, complete, and truthful information when applying
for assistance and making every reasonable effort to meet the
conditions and terms of the proposed loan.
* * * * *
(3) Restrictions. An applicant will be considered ineligible for
loan assistance under any of the following circumstances. A decision to
deny a loan for any of these reasons is not appealable.
(i) In accordance with the Food Security Act of 1985 (Pub. L. 99-
198) after December 23, 1985, if an individual or any member,
stockholder, partner, or joint operator of an entity is convicted under
Federal or State law of planting, cultivating, growing, producing,
harvesting or storing a controlled substance (see 21 CFR part 1308,
which is exhibit C of subpart A of part 1941 of this chapter (available
in any FmHA office) for the definition of ``controlled substance'')
prior to loan approval in any crop year, the individual or entity shall
be ineligible for a loan for the crop year in which the individual or
member, stockholder, partner, or joint operator of the entity was
convicted and the four succeeding crop years. Applicants will attest on
Form FmHA 410-1, ``Application for FmHA Services,'' that as individuals
or that its members, if an entity, have not been convicted of such
crimes after December 23, 1985.
(ii) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the applicant to be ineligible for any Farmer
Program loan until the judgment is paid in full or otherwise satisfied.
FmHA loan funds may not be used to satisfy the judgment. Questions
about whether or not a judgment is still outstanding should be directed
to the Office of the General Counsel. The Administrator may waive this
restriction upon specific determination that it is in the best interest
of the Government to do so.
* * * * *
Subpart E--Business and Industrial Loan Program
35. Section 1980.406 is added to read as follows:
Sec. 1980.406 Delinquency on a Federal debt.
(a) The District Office will check the Department of Housing and
Urban Development's Credit Alert Interactive Voice Response System
(CAIVRS), following the Forms Manual Insert for Form FmHA 1910-3,
``Record of Credit Alert Interactive Voice Response System (CAIVRS)
Inquiry,'' to determine if the applicant is delinquent on a Federal
debt. No decision to deny credit can be based solely on the results of
the CAIVRS inquiry. If CAIVRS identifies a delinquent Federal debt, the
District Office will immediately suspend processing of the application.
The applicant will be notified that processing has been suspended and
will be asked to contact the appropriate Federal agency, at the
telephone number provided by CAIVRS, to resolve the delinquency. When
the applicant provides FmHA with official documentation that the
delinquency has been paid in full or otherwise resolved, processing of
the application will be continued.
(b) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the applicant to be ineligible to receive any
grant, loan or loan guarantee until the judgment is paid in full or
otherwise satisfied. FmHA loan funds may not be used to satisfy the
judgment. Questions about whether or not a judgment is still
outstanding should be directed to the Office of the General Counsel. If
the judgment remains unsatisfied, or if the applicant is delinquent on
a Federal debt and is unable to resolve the delinquency, the
application will be rejected and the applicant will be notified of its
right for an appeal in accordance with subpart B of part 1900 of this
chapter. The Administrator may waive the rejection upon specific
determination that it is in the best interest of the Government to do
so.
Subpart G--Nonprofit National Corporations Loan and Grant Program
36. Section 1980.606 is amended by adding paragraph (f) to read as
follows:
Sec. 1980.606 NNC eligibility.
* * * * *
(f) Not be delinquent on a Federal Debt. This applies to both the
applicant and the ultimate recipients that are to be funded from
Federal funds.
(1) The National Office will check the Department of Housing and
Urban Development's Credit Alert Interactive Voice Response System
(CAIVRS), following the Forms Manual Insert for Form FmHA 1910-3,
``Record of Credit Alert Interactive Voice Response System (CAIVRS)
Inquiry,'' to determine if the applicant is delinquent on a Federal
debt. No decision to deny assistance can be based solely on the results
of the CAIVRS inquiry. If CAIVRS identifies a delinquent Federal debt,
the National Office will immediately suspend processing of the
application. The applicant will be notified that processing has been
suspended and will be asked to contact the appropriate Federal agency,
at the telephone number provided by CAIVRS, to resolve the delinquency.
When the applicant provides FmHA with official documentation that the
delinquency has been paid in full or otherwise resolved, processing of
the application will be continued.
(2) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the applicant to be ineligible to receive any
grant, loan or loan guarantee until the judgment is paid in full or
otherwise satisfied. FmHA loan funds may not be used to satisfy the
judgment. Questions about whether or not a judgment is still
outstanding should be directed to the Office of the General Counsel. If
the judgment remains unsatisfied, or if the applicant is delinquent on
a Federal debt and is unable to resolve the delinquency, the
application will be rejected and the applicant will be notified of its
right for an appeal in accordance with subpart B of part 1900 of this
chapter. The Administrator may waive the rejection upon specific
determination that it is in the best interest of the Government to do
so.
Subpart I--Community Programs Guaranteed Loans
37. Section 1980.851 is amended by adding paragraph (a)(1)(vii) to
read as follows:
Sec. 1980.851 Processing applications.
(a) * * *
(1) * * *
(vii) Determination of delinquency on a Federal debt.
(A) The District Office will check the Department of Housing and
Urban Development's Credit Alert Interactive Voice Response System
(CAIVRS), following the Forms Manual Insert for Form FmHA 1910-3,
``Record of Credit Alert Interactive Voice Response System (CAIVRS)
Inquiry,'' to determine if the applicant is delinquent on a Federal
debt. No decision to deny credit can be based solely on the results of
the CAIVRS inquiry. If CAIVRS identifies a delinquent Federal debt, the
District Office will immediately suspend processing of the application.
The applicant will be notified that processing has been suspended and
will be asked to contact the appropriate Federal agency, at the
telephone number provided by CAIVRS, to resolve the delinquency. When
the applicant provides FmHA with official documentation that the
delinquency has been paid in full or otherwise resolved, processing of
the application will be continued.
(B) An outstanding judgment obtained by the United States in a
Federal Court (other than the United States Tax Court), which has been
recorded, shall cause the applicant to be ineligible to receive any
grant or loan until the judgment is paid in full or otherwise
satisfied. FmHA loan funds may not be used to satisfy the judgment.
Questions about whether or not a judgment is still outstanding should
be directed to the Office of the General Counsel. If the judgment
remains unsatisfied, or if the applicant is delinquent on a Federal
debt and is unable to resolve the delinquency, the application will be
rejected and the applicant will be notified of its right for an appeal
in accordance with subpart B of part 1900 of this chapter. The
Administrator may waive the rejection upon specific determination that
it is in the best interest of the Government to do so.
* * * * *
Dated: April 7, 1994.
Bob Nash,
Under Secretary for Small Community and Rural Development.
[FR Doc. 94-10618 Filed 5-3-94; 8:45 am]
BILLING CODE 3410-07-U