[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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