[Federal Register Volume 60, Number 127 (Monday, July 3, 1995)]
[Rules and Regulations]
[Pages 34454-34456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15818]
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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 1955
Acquired Property Records
AGENCIES: Rural Housing and Community Development Service, Rural
Business and Cooperative Development Service, Rural Utilities Service,
Consolidated Farm Service Agency.
ACTION: Final rule.
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SUMMARY: The issuing agencies amend their property management
regulations to remove solely internal procedures and to make several
nomenclature changes.
EFFECTIVE DATE: July 3, 1995.
FOR FURTHER INFORMATION CONTACT: Ron Gianella, Staff Accountant,
Accounting Policy and Procedures Section I, Rural Housing and Community
Development Service, USDA, Finance Office, 1520 Market Street, St.
Louis, Missouri 63103, Telephone 314-539-6024.
SUPPLEMENTARY INFORMATION: Since this action has no impact on the
public and involves only internal Agency management, it has been
determined to be exempt from the requirements of Executive Order 12866.
Environmental Impact Statement
This document has been reviewed in accordance with 7 CFR part 1940,
subpart G, Environmental Program. The issuing agencies have 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, Public
Law 91-190, an environmental impact statement is not required.
Intergovernmental Consultation
These programs/activities are listed in the Catalog of Federal
Domestic Assistance under numbers:
10.404 Emergency Loans
10.405 Farm Labor Housing Loans and Grants
10.406 Farm Operating Loans
10.407 Farm Ownership Loans
10.410 Very Low to Moderate Income Housing Loans
10.411 Rural Housing Site Loans
10.415 Rural Rental Housing Loans
10.416 Soil and Water Loans
10.421 Indian Tribes and Tribal Corporation Loans
10.434 Nonprofit National Corporations Loan and Grant Program
10.760 Water and Waste Disposal Loan and Grant Program
10.764 Resource Conservation and Development Loans
10.765 Watershed Protection and Flood Prevention Loans
10.766 Community Facilities Loans
10.767 Intermediary Relending Program
10.768 Business and Industrial Loans
This internal management regulation does not directly affect these
programs or activities; therefore, the intergovernmental consultation
requirement of Executive Order No. 12372 does not apply.
Paperwork Reduction Act
The information collection requirements contained in these
regulations have been 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 numbers 0575-0109 and 0575-0110 in accordance with
the Paperwork Reduction Act of 1980 (44 U.S.C. 3507). The final rule
does not revise or impose any new information collection or
recordkeeping requirement from those approved by OMB.
Discussion of Final Rule
The issuing agencies are amending their property management
regulations to remove solely administrative procedures in an effort to
reduce federal agencies regulation. The procedures will remain in
internal agency instructions. References to Farmers Home Administration
(``FmHA'') and ``County Committee'' have been removed to reflect
changes made by sections 226 and 227 of the Department of Agriculture
Reorganization Act of 1994. Due to the reorganization of USDA, FmHA
Farmer Programs now are being
[[Page 34455]]
administered as Farm Credit Programs by the Consolidated Farm Service
Agency (CFSA). FmHA Rural Housing loans and Community Facilities loans
now are administered by the Rural Housing and Community Development
Service (RHCDS). Water and Waste facility loans are administered by the
Rural Utilities Service (RUS), and Business and Industrial loans are
handled by the Rural Business and Cooperative Development Service
(RBCDS). The affected agencies are jointly issuing this final rule.
List of Subjects in 7 CFR Part 1955
Government property management.
Accordingly, part 1955, chapter XVIII, title 7, of the CFR, is
amended as follows:
PART 1955--PROPERTY MANAGEMENT
1. The authority citation for part 1955 continues to read as
follows:
Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR
2.23 and 2.70.
Subpart A--Liquidation of Loans Secured by Real Estate and
Acquisition of Real and Chattel Property
2. Section 1955.18 is amended by removing and reserving paragraphs
(a) through (d) and (f) through (l).
Subpart B--Management of Property
3. Section 1955.63 is amended by revising the reference to ``County
Committee'' in the third sentence of the introductory text to read
``Agency;'' by revising the references to ``FmHA or its successor
agency under Public Law 103-354'' in paragraph (c) introductory text
and paragraph (c)(3) to read ``the Agency;'' by removing and reserving
paragraph (d); and by revising paragraphs (a) and (b) to read as
follows:
Sec. 1955.63 Suitability determination.
* * * * *
(a) Property other than housing. Property which secured loans or
was acquired under the CONACT will be classified as suitable or surplus
by the Agency. CONACT property originally classified as suitable may be
reclassified as surplus because of physical damage such as fire, flood,
sheet erosion or falling water table; or change in economic conditions
such as the rising cost of production inputs, viable market outlets and
obsolescence, which affect its suitability for program purposes. In
addition, suitable farm property that is not sold to a family-size farm
operator, including beginning farmers or ranchers, within 12 months
from the date of the first advertisement pursuant to Sec. 1955.107(a)
of subpart C of this part will be reclassified surplus. If the property
is offered for sale as surplus and the purchaser is eligible for Agency
assistance, it may be reclassified by the Agency as suitable, if it is
in fact suitable for program purposes.
(b) Grouping and subdividing farm properties larger than family-
size. The Agency will subdivide farm properties larger than family-size
whenever possible into parcels for the purpose of creating one or more
suitable farm properties. Such land shall be subdivided into parcels of
land the shape and size of which are suitable for farming, the value of
which shall not exceed the insured farm ownership loan limit of
$200,000. The Agency may also group two or more individual properties
into one or more suitable farm properties.
* * * * *
4. Section 1955.64 is removed and reserved.
5. Section 1955.66 is amended by removing and reserving paragraphs
(i), (k)(1), and (l) through (o), and in the third sentence of
paragraph (j) by revising the reference ``FmHA or its successor agency
under Public Law 103-354 Instruction 1955-D (available in any Agency
FmHA or its successor agency under Public Law 103-354 office)'' to read
``subpart B of part 1924 of this chapter.''
6. Section 1955.72 is amended by revising the reference to ``FmHA
or its successor agency under Public Law 103-354'' in the heading and
paragraphs (a) and (b) to read ``the Agency.''
7. Section 1955.80 is removed and reserved.
Subpart C--Disposal of Inventory Property
8. Section 1955.107 is amended by revising the references to ``FmHA
or its successor agency under Public Law 103-354'' in the first
sentence of the introductory text, in paragraph (d)(3), and in
paragraph (f)(1)(v) to read ``Agency;'' by removing and reserving
paragraphs (b), (d)(1), (d)(2), and (d)(6); by revising the references
to ``County Committee'' in the second sentence of paragraph (f)
introductory text and in paragraphs (f)(2) and (f)(3) to read
``Agency;'' by removing the words ``, as determined by the County
Committee'' in the introductory text of paragraph (f)(1); and by
revising paragraph (a) to read as follows:
Sec. 1955.107 Sale of suitable property (CONACT).
* * * * *
(a) Sale by the Agency. The Agency will advertise suitable property
for sale or lease. Tribal Councils or other recognized Indian governing
bodies having jurisdiction over Indian reservations as defined in
1955.103 of this subpart, however, will be responsible for notifying
those parties listed in 1955.66(d)(2) of subpart B of this part.
* * * * *
9. Section 1955.108 is amended by removing the phrase ``by the
County Committee'' in the fifth sentence.
10. Section 1955.109 is amended by revising the reference in the
third sentence of paragraph (a) to ``Farmer Programs'' to read ``Farm
Credit Programs;'' by revising the reference in paragraph (c) to ``FmHA
or its successor agency under Public Law 103-354'' to read ``the
Agency;'' by removing and reserving paragraphs (b), (d), (e), and (i),
and by removing the last sentence in paragraph (g).
11. Section 1955.137 is amended by removing and reserving
paragraphs (c) and (h); by removing the first three sentences in
paragraph (b)(7); by revising the references to ``FmHA or its successor
agency under Public Law 103-354'' the first time it appears in the
first sentence of paragraph (b)(1)(iii), the introductory text of
paragraph (b)(2), the second sentence of paragraph (b)(6), the first
and ninth sentences of paragraph (d), and paragraphs (e)(1),
(e)(1)(ii), (e)(2) and (e)(4) to read ``Agency''; by removing the
references to ``FmHA or its successor agency under Public Law 103-354''
the second time it appears in the first sentence of paragraph
(b)(1)(ii), and the second sentence of paragraph (b)(1)(iii); by
revising the reference to ``SCS'' in the fourth sentence of paragraph
(b)(1)(iii) to read ``NRCS;'' and by amending the heading of paragraph
(d) to revise the phrase ``and/or'' to read ``or.''
12. Section 1955.140 is amended in the first sentence of paragraph
(a) by revising ``Farmer Programs'' to read ``Farm Credit Programs
property;'' by removing in the third sentence of paragraph (a) and in
paragraph (b) the words ``, based on the recommendations of the County
Committee,''; and by revising ``FmHA or its successor agency under
Public Law 103-354'' to read ``Agency's'' in the ninth sentence of
paragraph (a).
13. Section 1955.141 is amended by removing and reserving
paragraphs (a) through (c).
14. Sections 1955.142 and 1955.143 are removed and reserved.
15. Section 1955.144 is amended by removing the second through the
fourth sentences.
[[Page 34456]]
Dated: May 22, 1995.
Michael V. Dunn,
Acting Under Secretary for Rural Economic and Community Development.
Dated: May 22, 1995.
Eugene Moss,
Under Secretary for Farm and Foreign Agriculture Services.
[FR Doc. 95-15818 Filed 6-30-95; 8:45 am]
BILLING CODE 3410-07-U
