§ 1942.411 - Other considerations.

(a) Technical assistance. When pipelines from reservoirs to treatment plants are included in watershed work plans, SCS will not furnish engineering services for their design or installation. When such pipelines are to be financed by WS or RCD loans, FmHA or its successor agency under Public Law 103-354 will supervise the activities of the private engineers retained for the purpose. Such FmHA or its successor agency under Public Law 103-354 supervision will include, among other things, approval of private engineer's contracts, approval of plans and specifications, authorization of contract awards, spot checks of engineering inspection, and final inspection and acceptance.

(b) Professional services. Applicants will be responsible for providing the services necessary to plan projects including design of facilities, preparation of cost and income estimates, development of proposals for organization and financing, and overall operation and maintenance of the facility. Necessary professional services may include such as that of an engineer, architect, attorney, bond counsel, accountant, auditor, and financial advisor or fiscal agent. Form FmHA or its successor agency under Public Law 103-354 442-19, “Agreement for Engineering Services,” may be used when appropriate. Part 1942, subpart A, guide 14 (available in any FmHA or its successor agency under Public Law 103-354 office) and may be used as a guide to prepare the agreement for legal services.

(c) Other services. Contracts for other services such as management, operation, and maintenance will be developed by the applicant and presented to the FmHA or its successor agency under Public Law 103-354 official developing the docket for review and approval.

(d) Fees for services. Fees provided for in contracts, agreements, or services will not be more than those ordinarily charged by the profession for similar work when FmHA or its successor agency under Public Law 103-354 financing is not involved.

(e) State pollution control or Environmental Protection Agency standards. Facilities will be designed, installed, and operated to prevent pollution of water in excess of established standards. Effluent disposal will conform with appropriate State and Federal water pollution control standards.

(f) Water pollution. When repayment of a WS loan, WS advance, or RCD loan will be dependent upon income from the use or sale of water, FmHA or its successor agency under Public Law 103-354 approval will be contingent upon a determination that the proposed use of water will not be impaired by pollution. For example, full use of stored water for recreation or municipal supply might not be permitted by a State health department because the water is being polluted from an upstream or other source.

(g) Environmental requirements. Actions will be taken to comply with the National Environmental Policy Act in accordance with subpart G of part 1940 of this chapter. When environmental assessments and environmental impact statements have been prepared on WS plans or RCD area plans by SCS, a separate environmental impact statement or assessment on WS works of improvement or RCD measures for which a WS loan, WS advance, or RCD loan is requested will not be necessary unless the SCS environmental review fails to meet the requirements of subpart G of part 1940 of this chapter. The FmHA or its successor agency under Public Law 103-354 State Director should document the action taken by SCS in compliance with the requirements of the National Environmental Policy Act and formally adopt the impact statement or assessment, if satisfactory. If a determination is made that a further analysis of the environmental impact is needed, the FmHA or its successor agency under Public Law 103-354 State Director will make necessary arrangements with the State SCS Conservationist for such action to be taken before a loan is made.

(h) National Historic Preservation Act. All projects will comply with the provisions of the National Historic Preservation Act of 1966 in accordance with FmHA instruction 1901-F.

(i) Civil Rights Act of 1964. Recipients of WS loans, WS advances, or RCD loans are subject to title VI of the Civil Rights Act of 1964 which prohibits discrimination because of race, color, or national origin. Borrowers must agree not to discriminate in their operations by signing form FmHA or its successor agency under Public Law 103-354 400-4, “Nondiscrimination Agreement,” before loan closing. This requirement should be discussed with the applicant as early in the negotiations as possible. Necessary actions will be taken in accordance with FmHA instruction 1901-E.

(j) Appraisals. When required by the State director, appraisals will be made by an FmHA or its successor agency under Public Law 103-354 official designated by him. Form FmHA or its successor agency under Public Law 103-354 442-10, “Appraisal Report—Water and Waste Disposal Systems,” with appropriate supplements, may be modified as needed for use with the type of facilities being appraised.

(k) Architectural Barriers Act of 1968. All facilities financed with FmHA or its successor agency under Public Law 103-354 loans and grants which are accessible to the public or in which physically handicapped persons may be employed or reside must be developed in compliance with this act in accordance with this act.

(7 U.S.C. 1989; 42 U.S.C. 1480; 5 U.S.C. 301; sec. 10, Pub. L. 93-357, 88 Stat. 392; 7 CFR 2.23; 7 CFR 2.70)