[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Rules and Regulations]
[Pages 10237-10238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03418]


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DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Parts 1710, 1714, 1717, 1724, and 1730

[Docket No. RUS-22-Electric-0031]
RIN 0572-AC57


Electric Program Streamlining and Improvement

AGENCY: Rural Utilities, USDA.

ACTION: Final rule; confirmation and response to comment.

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SUMMARY: The Rural Utilities Service (RUS or Agency), an agency in the 
United States Department of Agriculture (USDA) Rural Development 
Mission area, published a final rule with comment in the Federal 
Register on November 30, 2022, to revise several regulations to 
streamline procedures for Electric Program borrowers, including its 
loan application requirements, approval of work plans and load 
forecasts, use of approved contracts and system design procedures and 
reporting requirements. Through this action, RUS is confirming the 
final rule as it was published and providing a response to the public 
comment received.

DATES: The final rule published November 30, 2022, at 87 FR 73433, is 
confirmed as of February 28, 2023.

FOR FURTHER INFORMATION CONTACT: Robert Coates, Branch Chief, Policy 
and Outreach Branch, Office of Customer Service and Technical 
Assistance, Rural Utilities Service; U.S. Department of Agriculture; 
Stop 1569, 1400 Independence Avenue SW, Washington, DC 20250-0787; 
telephone (202) 720-1900, email [email protected]. Persons with 
disabilities or who require alternative means for communication should 
contact the USDA Target Center at (202) 720-2600.

SUPPLEMENTARY INFORMATION: Rural Development is a mission area within 
the U.S. Department of Agriculture (USDA) comprising the Rural 
Utilities Service, Rural Housing Service, and Rural Business-
Cooperative Service. Rural Development's mission is to increase 
economic opportunity and improve the quality of life for all rural 
Americans. Rural Development meets its mission by providing loans, loan 
guarantees, grants, and technical assistance through numerous programs 
aimed at creating and improving housing, business, and infrastructure 
throughout rural America.
    The RUS Electric Program loans, loan guarantees and grants finance 
the construction and improvement of rural electric infrastructure. In 
an effort by the RUS Electric Program to administer its program in an 
efficient and effective manner while improving its customer service and 
experience, and in response to requests from the RUS Electric Program 
borrowers, the Electric Program undertook a systematic review of 
regulations and procedures in place to administer its program. In 
addition to the final rule, the Electric Program has completed two 
other streamlining efforts to date.
    The final rule that published November 30, 2022 (87 FR 73433), 
included a 60-day comment period that ended on January 30, 2023. The 
Agency received one set of comments from the Osage Nation Historic 
Preservation Office (ONHPO).
    The Agency appreciates the comments from the ONHPO. The Agency 
concurs that the term tribal areas should be more clearly defined. The 
intent of the additional language is to ensure that non-Tribal 
borrowers obtain consent of the Tribe, when proposing a service 
territory that includes an area over which a Tribal government has 
regulatory authority, similar to the consent and permits required to 
build infrastructure in other jurisdictions. Additionally, borrowers 
must comply with Tribal law when operating in tribal areas where Tribes 
have regulatory authority.
    The Agency agrees it is appropriate to consult with Tribes on such 
a definition and will do so to determine the optimal policy mechanism 
to define tribal areas and how to incorporate the definition into its 
policies and practices at a later date. Applicants, borrowers, and 
Tribes are encouraged to contact RUS for any needed clarification.
    The crux of the additional comments from ONHPO were focused on 
compliance with the National Historic Preservation Act, the National 
Environmental Policy Act, the Native American Graves Protection and 
Repatriation Act, the Archaeological Resource Protection Act, the 
American Indian Religious Freedom Act, and Executive Order 13007, 
``Indian Sacred Sites.'' Nothing in the rule amends or alters the 
Agency's regulatory and administrative requirements of this program 
under the cited Statutes and Executive order, including the National 
Historic Preservation Act and associated implementing regulations.
    The Agency appreciates the suggestion that it meet with Tribal 
Historic Preservation Departments in 2023. The Agency welcomes ongoing 
input from Tribal Historic Preservation Officers and the National 
Association of Tribal Historic Preservation Officers regarding its 
ongoing responsibilities under the National Historic Preservation Act.

[[Page 10238]]

    Again, RUS appreciates and has considered the comments from the 
ONHPO on the final rule. Due to the responses detailed above the Agency 
confirms the final rule without change.

Andrew Berke,
Administrator, Rural Utilities Service.
[FR Doc. 2023-03418 Filed 2-16-23; 8:45 am]
BILLING CODE 3410-15-P