§ 1942.419 - Approval, closing, and cancellation.

(a) Approval and closing actions will be taken in accordance with the applicable provisions of part 1901, subpart A, and §§ 1942.5, 1942.6, 1942.7, 1942.8, and 1942.17 and the following:

(1) The WS or RCD plan has been approved for operations by SCS and the applicant is an official sponsoring or cosponsoring local organization for the plan as evidenced by being included in the list of sponsoring or cosponsoring local organizations in the plan.

(2) Closing instructions or a preliminary legal opinion has been prepared by the regional attorney.

(3) The governing body of the applicant's sponsoring local organization has formally passed and approved the loan resolution.

(4) The FmHA or its successor agency under Public Law 103-354 State director and SCS State conservationist have determined that all planned actions can be carried out as proposed in the project plan and the docket.

(5) The SCS State conservationist and FmHA or its successor agency under Public Law 103-354 State director have mutually agreed on the priority to be given the WS loan or WS advance, or RCD loan. In making this determination, consideration will be given to the relative priority of the WS works of improvement or RCD measures to all other such work in the State and the anticipated availability of Federal and local funds to assure continuity of action and work until the project is completed. When funds are to be provided by SCS for a WS or RCD loan or a WS advance such funds must be obligated by SCS before closing.

(6) Public bodies will be required to use bond counsel in accordance with § 1942.19.

(b) When favorable action is not taken on a WS loan, WS advance, or RCD loan, the FmHA or its successor agency under Public Law 103-354 State director will notify the SCS State conservationist and the applicant in writing and, if possible, arrange for a meeting of FmHA or its successor agency under Public Law 103-354 and SCS representatives with the applicant to explain the action. WS loans, WS advances, or RCD loans may be canceled before closing in accordance with § 1942.12.