[Federal Register Volume 63, Number 63 (Thursday, April 2, 1998)]
[Rules and Regulations]
[Pages 16088-16089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8589]


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DEPARTMENT OF AGRICULTURE

Rural Housing Service
Rural Business-Cooperative Service
Rural Utilities Service
Farm Service Agency

7 CFR Parts 1942 and 1951


Rural Utilities Service Water and Waste Program Regulations

AGENCY: Rural Housing Service, Rural Business-Cooperative Service, 
Rural Utilities Service, and Farm Service Agency, USDA.

ACTION: Final rule.

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SUMMARY: The Rural utilities Service (RUS) hereby amends the 
regulations utilized to administer the water and waste loan and grant 
programs. This rule removes references to forms no longer required for 
use by the Agency and to add reference to RUS Bulletin 1780-12, ``Water 
and Waste Grant Agreement.''

EFFECTIVE DATE: April 2, 1998.

FOR FURTHER INFORMATION CONTACT:
Jerry W. cooper, Loan Specialist, Water and Waste Division, Rural 
utilities Service, USDA, Room 2229, STOP 1570, 1400 Independence 
Avenue, Washington, DC 20250-1570, telephone: (202) 720-9589.

SUPPLEMENTARY INFORMATION: 

[[Page 16089]]

Classification

    This action is not subject to the provisions of Executive Order 
12866 since it involves only internal Agency management. This action is 
not published for proposed rulemaking because it involves only internal 
Agency management and publication for notice and comment is 
unnecessary.

Environmental Impact Statement

    This document has been reviewed in accordance with RD Instruction 
1940-G, ``Environmental Program.'' The agency 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, Pub. L. 91-190, an 
Environmental Impact Statement is not required.

Programs Affected

    The Catalog of Federal Domestic Assistance programs impacted by 
this action are:

10.760  Water and Waste Disposal Systems for Rural Communities
10.763  Emergency Community Water Assistance Grants
10.765  Watershed Protection and Flood Prevention Loans
10.770  Water and Waste Disposal Loans and Grants (Section 306C)

Intergovernmental Consultation

    This program is subject to Executive Order 12372 which requires 
intergovernmental consultation with State and local officials.

Civil Justice Reform

    The final rule has been reviewed under Executive order 12988, civil 
Justice Reform. In accordance with this rule: (1) All State and local 
laws and regulations that are in conflict with this rule will be 
preempted; (2) no retroactive effect will be given to this rule; and 
(3) administrative proceedings of the National Appeals Division (7 CFR 
part 11), must be exhausted before bringing suit in court challenging 
action taken under this rule.

Paperwork Reduction Act

    The information collection requirements contained in this 
regulation have been previously 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 number 0575-0015, in accordance with the 
paperwork Reduction Act of 1995. This rule does not impose any new 
information collection requirements.

List of Subjects

7 CFR Part 1942

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

7 CFR Part 1951

    Accounting servicing, Grant programs--Housing and community 
development, Reporting requirements, Rural areas.

    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: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.

Subpart A--Community Facility Loans

    2. 7 CFR Part 1942 is amended by removing the words ``District 
Director'' or ``District Directors'' wherever they appear and adding in 
their place, the words ``Rural Development Manager'' or ``Rural 
Development Managers'' respectively in the following places.
    a. Sec. 1942.5(a)(1)(iii);
    b. Sec. 1942.5(b)(1);
    c. Sec. 1942.5(c) introductory text;
    d. Sec. 1942.5(c)(2); and
    e. Sec. 1942.5(c)(3).
    3. Section 1942.5 is amended by removing paragraph (b)(1)(ii)(D) 
and redesignating paragraphs (b)(1)(ii) (E) through (L) as paragraphs 
(b)(1)ii) (D) through (K) and in newly redesignated paragraph 
(b)(1)(ii)(G) by revising the reference ``paragraph (b)(1)(ii)(G)'' to 
read ``paragraph (b)(1)(ii)(F)'' in two places.

PART 1951--SERVICING AND COLLECTIONS

    4. The authority citation for part 1951 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 42 U.S.C. 1480.

Subpart E--Servicing of Community and Insured Business Programs 
Loans and Grants

    5. Section 1951.211 is amended by adding the sentence ``A civil 
rights impact analysis is required.'' at the end of the paragraph.
    6. Section 1951.214 is amended by changing the word ``FmHA'' to 
``Government.''
    7. Section 1951.215 (a)(1) is revised to read as follows:


Sec. 1951.215  Grants.

* * * * *
    (a) * * *
    (1) Servicing actions will be carried out in accordance with the 
terms of the ``Association Water or Sewer System Grant Agreement,'' and 
RUS Bulletin 1780-12, ``Water and Waste Grant Agreement'' (available 
from any USDA/Rural Development office or the Rural Utilities Service, 
United States Department of Agriculture, Washington, D.C. 20250-1500). 
Grant agreements with a revision date on or after January 29, 1979, 
require that the grantee request disposition instructions from the 
Agency before disposing of property which is no longer needed for 
original grant purposes.
* * * * *
    Dated: March 17, 1998.
Jill Long Thompson,
Under Secretary, Rural Development.
[FR Doc. 98-8589 Filed 4-1-98; 8:45 am]
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