[Federal Register Volume 60, Number 172 (Wednesday, September 6, 1995)]
[Rules and Regulations]
[Pages 46215-46216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22006]
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DEPARTMENT OF AGRICULTURE
Rural Housing and Community Development Service
Rural Business and Cooperative Development Service
Rural Utilities Service
Consolidated Farm Service Agency
7 CFR Part 1942
RIN 0572-AB11
Community Facility Loans and Grants--Timber-Dependent Communities
AGENCIES: Rural Housing and Community Development Service, Rural
Business and Cooperative Development Service, Rural Utilities Service,
and Consolidated Farm Service Agency, USDA.
ACTION: Final rule.
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SUMMARY: The regulations that are utilized by the Rural Utilities
Service (RUS) and the Rural Housing and Community Development Service
(RHCDS) in administering Community Facility Loans and Grants are being
amended. This action is necessary to implement provisions of Public Law
103-427, provides for a temporary increase in the maximum population
for eligibility for certain loans and grants as contained in the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.)
(CONACT) for certain timber-dependent communities in the Pacific
Northwest. The temporary expanded eligibility applies to the following
programs; (1) Water and Waste Disposal (WWD) loans and grants, (2)
Community Facilities Loans (CF), and (3) Local Technical Assistance and
Planning Grants.
DATES: This final rule is effective on September 6, 1995.
FOR FURTHER INFORMATION CONTACT: Jerry W. Cooper, Loan Specialist,
Water and Waste Disposal Division, Rural Utilities Service, USDA, South
Agriculture Building, Room 6328, Washington, DC 20250, telephone: (202)
720-9589.
SUPPLEMENTARY INFORMATION:
Classification
This rule has been determined to be significant and was reviewed by
OMB under Executive Order 12866.
[[Page 46216]]
Intergovernmental Review
These programs are listed in the Catalog of Federal Domestic
Assistance under number 10.760, Water and Waste Systems For Rural
Communities and 10.766, Community Facilities Loans and are 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.'' It has been 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, Pub. L. 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
Public Law 103-427 and no discretion is left with the agency as to the
population eligibility of certain timber-dependent communities in the
Pacific Northwest. Good cause is found that notice and public procedure
thereon are impractical, unnecessary and contrary to the public
interest.
Public Law 103-427 addresses the financial needs of rural
communities in the Pacific Northwest that are struggling to retool
their economies in the face of necessary changes in timber-cutting
policies. Certain rural communities in the Pacific Northwest are
experiencing significant economic difficulties as a result of their
proximity to the range of the northern spotted owl will benefit from
the expanded loan and grant eligibility.
The CONACT caps the eligibility of cities or towns at 10,000
inhabitants for RUS WWD loans and grants and 20,000 inhabitants for
RHCDS CF loans. Public Law 103-427 temporarily expands, until September
30, 1998, the population to 25,000 inhabitants if the cities or towns
meet certain criteria. The communities must; (1) lie within 100 miles
of the boundary of a national forest covered by the Federal document
entitled ``Forest Plan for a Sustainable Economy and a Sustainable
Environment,'' dated July 1, 1993; and (2) be located in a county in
which at least 15 percent of the total primary and secondary labor and
proprietor income is derived from forestry, wood products, or forest-
related industries such as recreation and tourism.
The Local Technical Assistance and Planning Grant program is
impacted by this legislation. However, there are no existing
regulations for this program, and therefore, that program is not
included in this amendment.
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 A--Community Facility Loans
2. Section 1942.17 is amended by adding paragraph (b)(6) to read as
follows:
Sec. 1942.17 Community facilities.
* * * * *
(b) * * *
(6) Expanded eligibility for timber-dependent communities in
Pacific Northwest. In the Pacific Northwest, defined as an area
containing national forest covered by the Federal document entitled,
``Forest Plan for a Sustainable Economy and a Sustainable
Environment,'' dated July 1, 1993; the population limits contained
Sec. 1942.17(b) are expanded to include communities with not more than
25,000 inhabitants until September 30, 1998, if:
(i) Part or all of the community lies within 100 miles of the
boundary of a national forest covered by the Federal document entitled,
``Forest Plan for a Sustainable Economy and a Sustainable
Environment,'' dated July 1, 1993; and
(ii) The community is located in a county in which at least 15
percent of the total primary and secondary labor and proprietor income
is derived from forestry, wood products, or forest-related industries
such as recreation and tourism.
* * * * *
Dated: August 4, 1995.
Michael V. Dunn,
Acting Under Secretary for Rural Economic and Community Development.
[FR Doc. 95-22006 Filed 9-5-95; 8:45 am]
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