99-29527. Invitation for Applications of Interest to Sell Intermediary Relending Program (IRP) Loans Under an Expanded Pilot  

  • [Federal Register Volume 64, Number 218 (Friday, November 12, 1999)]
    [Notices]
    [Pages 61575-61580]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-29527]
    
    
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    DEPARTMENT OF AGRICULTURE
    
    Rural Business--Cooperative Service
    
    
    Invitation for Applications of Interest to Sell Intermediary 
    Relending Program (IRP) Loans Under an Expanded Pilot
    
    AGENCY: Rural Business-Cooperative Service, U.S. Department of 
    Agriculture (USDA).
    
    ACTION: Notice.
    
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    SUMMARY: The Rural Business-Cooperative Service (RBS) announces an 
    expanded pilot sale of Intermediary Relending Program intermediary 
    loans made to third parties. RBS will competitively select and 
    authorize several intermediaries to sell an aggregate amount of 
    approximately $50 million of the existing IRP portfolios in Fiscal Year 
    (FY) 2000 from among those intermediaries who have advanced at least 95 
    percent of IRP funding received by the intermediary. This announcement 
    is also intended to provide notice to potential purchasers and other 
    parties interested in structuring the sale of ultimate recipient notes. 
    The intended effect of this notice is to solicit applications of 
    interest from intermediaries who wish to participate in the FY 2000 
    loan sale. Selected applicants will be notified in writing and on the 
    Agency web site. The benefit of this loan sale to the intermediary will 
    be an increase in portfolio liquidity, allowing the intermediary to re-
    loan money back into the community. The Agency advances loans to 
    eligible intermediaries that subsequently reloan to eligible 
    applicants, including individuals, public or private organizations, or 
    other legal entities with authority to incur debt and carry out the 
    purpose of the loan. During the application process for this pilot 
    sale, an intermediary will express interest in selling its seasoned 
    portfolio. The initial screening of the intermediaries and their 
    portfolios will be the responsibility of the Rural Development State 
    Offices. State Offices will make recommendations to the National 
    Office, and the National Office will evaluate the applications of 
    interest, along with State Office recommendations, and make the final 
    selections for loan sales.
        RBS will maintain lists of intermediaries expressing interest in 
    offering their portfolios for sale, potential buyers for those 
    portfolios, and offerors of other services to buyers or sellers, e.g., 
    financial advisors. However, only intermediaries selected through the 
    invitation of applications of interest process will be authorized to 
    sell third-party loans. Intermediary applications of interest must 
    include (1) a history of the intermediary; (2) its latest annual 
    report; (3) summary data on each loan in the portfolio including 
    original and current amount, interest rate, terms, loan maturities, and 
    loan performance; (4) delinquency rate on all loans in its portfolio; 
    (5) reserves for loan payments; (6) the number of jobs created or 
    saved; (7) the Standard Industrial Code for each loan recipient; (8) 
    write-off of bad debts history; (9) a proposal that illustrates how the 
    sale of the intermediary's portfolio supports Rural Development Mission 
    Area target objectives, i.e., rural areas suffering fundamental, 
    physical and economic stress, persistent poverty, out migration, or as 
    identified in the Rural Development State Strategic Plan; (10) non-
    federal fund leveraging of past or potential loans; and (11) the 
    documentation of the need for added capital and unmet loan demand. It 
    is important that the performance history of the overall portfolio, 
    including any portion not proposed for sale, be fully detailed 
    including the volume and frequency of any delinquencies or default.
    
    DATES: The deadline for receipt of the applications of interest in the 
    third-party sale must be received in the applicable Rural Development 
    State Office (see addresses below) by 4:00 P.M. Eastern Standard Time 
    on December 27, 1999.
        Applications received after that date will not be considered for 
    participation in the expanded pilot. The comment period for information 
    collection under the Paperwork Reduction Act of 1995 continues through 
    January 11, 2000. Comments on the paperwork burden must be received by 
    this date to be assured of consideration.
    
    ADDRESSES: Applications to participate in the expanded pilot sale 
    should be mailed to the Rural Development State Office in the State in 
    which the intermediary is headquartered. Listed below are the following 
    addresses for Rural Development State Offices:
    
    Alabama
        USDA Rural Development State Office, Sterling Center, Suite 601, 
    4121 Carmichael Road, Montgomery, AL 36106-3683 (334) 279-3400
    Alaska
        USDA Rural Development State Office, 800 West Evergreen, Suite 201, 
    Palmer, AK 99645-6539, (907) 745-2176
    Arizona
        USDA Rural Development State Office, 3003 North Central Avenue, 
    Suite 900, Phoenix, AZ 85012-2906, (602) 280-8700
    Arkansas
        USDA Rural Development State Office, 700 West Capitol Avenue, Room 
    3416, Little Rock, AR 72201-3225, (501) 301-3200
    California
        USDA Rural Development State Office, 430 G Street, Agency 4169, 
    Davis, CA 95616-4169, (530) 792-5800
    Colorado
        USDA Rural Development State Office, 655 Parfet Street, Room E-100, 
    Lakewood, CO 80215, (303) 236-2801
    Delaware-Maryland
        USDA Rural Development State Office, 4607 South DuPont Highway, 
    Camden, DE 19934-9998, (302) 697-4300
    Florida/Virgin Islands
        USDA Rural Development State Office, 4440 NW. 25th Place, 
    Gainesville, FL 32614-7010, (352) 338-3400
    Georgia
        USDA Rural Development State Office, Stephens Federal Building, 355 
    E. Hancock Avenue, Athens, GA 30601-2768, (706) 546-2162
    Hawaii
        USDA Rural Development State Office, Federal Building, Room 311, 
    154 Waianuenue Avenue, Hilo, HI 96720, (808) 933-8380
    Idaho
        USDA Rural Development State Office, 9173 West Barnes Drive, Suite 
    A1, Boise, ID 83709, (208) 378-5600
    Illinois
        USDA Rural Development State Office, Illini Plaza, Suite 103, 1817
    
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    South Neil Street, Champaign, IL 61820, (217) 398-5235
    Indiana
        USDA Rural Development State Office, 5975 Lakeside Boulevard, 
    Indianapolis, IN 46278, (317) 290-3100
    Iowa
         USDA Rural Development State Office, Federal Building, Room 873, 
    210 Walnut Street, Des Moines, IA 50309, (515) 284-4663
    Kansas
        USDA Rural Development State Office, 1200 SW. Executive Drive, 
    Topeka, KS 66604, (785) 271-2700
    Kentucky
        USDA Rural Development State Office, 771 Corporate Drive, Suite 
    200, Lexington, KY 40503, (606) 224-7300
    Louisiana
        USDA Rural Development State Office, 3727 Government Street, 
    Alexandria, LA 71302, (318) 473-7920
    Maine
        USDA Rural Development State Office, 444 Stillwater Avenue, Suite 
    2, Bangor, ME 04402-0405, (207) 990-9106
    Massachusetts/Rhode Island/Connecticut
        USDA Rural Development State Office, 451 West Street, Amherst, MA 
    01002, (413) 253-4300
    Michigan
        USDA Rural Development State Office, 3001 Coolidge Road, Suite 200, 
    East Lansing, MI 48823, (517) 324-5100
    Minnesota
        USDA Rural Development State Office, 410 AgriBank Building, 375 
    Jackson Street, St. Paul, MN 55101-1853, (651) 602-7800
    Mississippi
        USDA Rural Development State Office, Federal Building, Suite 831, 
    100 West Capitol Street, Jackson, MS 39269, (601) 965-4316
    Missouri USDA Rural Development State Office, 601 Business Loop 70 
    West, Parkade Center, Suite 235, Columbia, MO 65203, (573) 876-0976
    Montana
        USDA Rural Development State Office, 900 Technology Blvd., Unit 1, 
    Suite B, Bozeman, MT 59715, (406) 585-2580
    Nebraska
        USDA Rural Development State Office, Federal Building, Room 152, 
    100 Centennial Mall N, Lincoln, NE 68508, (402) 437-5551
    Nevada
        USDA Rural Development State Office, 1390 South Curry Street, 
    Carson City, NV 89703-9910, (775) 887-1222
    New Jersey
        USDA Rural Development State Office, Tarnsfield Plaza, Suite 22, 
    790 Woodlane Road, Mt. Holly, NJ 08060, (609) 265-3600
    New Mexico
        USDA Rural Development State Office, 6200 Jefferson Street, NE., 
    Room 255, Albuquerque, NM 87109, (505) 761-4950
    New York
        USDA Rural Development State Office, The Galleries of Syracuse 441 
    South Salina Street, Suite 357, Syracuse, NY 13202-2541, (315) 477-6400
    North Carolina
        USDA Rural Development State Office, 4405 Bland Road, Suite 260, 
    Raleigh, NC 27609, (919) 873-2000
    North Dakota
        USDA Rural Development State Office, Federal Building, Room 208, 
    220 East Rosser, Bismarck, ND 58502-1737, (701) 530-2043
    Ohio
        USDA Rural Development State Office, Federal Building, Room 507, 
    200 North High Street, Columbus, OH 43215-2477, (614) 469-5606
    Oklahoma
        USDA Rural Development State Office, 100 USDA, Suite 108, 
    Stillwater, OK 74074-2654, (405) 742-1000
    Oregon
        USDA Rural Development State Office, 101 SW Main Street, Suite 
    1410, Portland, OR 97204-3222, (503) 414-3300
    Pennsylvania
        USDA Rural Development State Office, One Credit Union Place, Suite 
    330, Harrisburg, PA 17110-2996, (717) 237-2299
    Puerto Rico
        USDA Rural Development State Office, New San Juan Office Building, 
    Room 501, 159 Carlos E. Chardon Street, Hato Rey, PR 00918-5481, (787) 
    766-5095
    South Carolina
        USDA Rural Development State Office, Strom Thurmond Federal 
    Building, 1835 Assembly Street, Room 1007, Columbia, SC 29201, (803) 
    765-5163
    South Dakota
        USDA Rural Development State Office, Federal Building, Room 210, 
    200 4th Street, SW., Huron, SD 57350, (605) 352-1100
    Tennessee
        USDA Rural Development State Office, 3322 West End Avenue, Suite 
    300, Nashville, TN 37203-1084, (615) 783-1300
    Texas
        USDA Rural Development State Office, Federal Building, Suite 102, 
    101 South Main, Temple, TX 76501, (254) 742-9700
    Utah
        USDA Rural Development State Office, Wallace F. Bennett Federal 
    Building, 125 South State Street, Room 4311, Salt Lake City, UT 84147-
    0350, (801) 524-4320
    Vermont/New Hampshire
        USDA Rural Development State Office, City Center, 3rd Floor 89 Main 
    Street, Montpelier, VT 05602, (802) 828-6000
    Virginia
        USDA Rural Development State Office, Culpeper Building, Suite 238, 
    1606 Santa Rosa Road, Richmond, VA 23229, (804) 287-1550
    Washington
        USDA Rural Development State Office, 1835 Black Lake Boulevard, 
    SW., Suite B, Olympia, WA 98512-5715, (360) 704-7740
    West Virginia
        USDA Rural Development State Office, Federal Building, 75 High 
    Street, Room 320, Morgantown, WV 26505-7500, (304) 291-4791
    Wisconsin
        USDA Rural Development State Office, 4949 Kirschling Court, Stevens 
    Point, WI 54481, (715) 345-7600
    Wyoming
        USDA Rural Development State Office, 100 East B, Federal Building, 
    Room 1005, Casper, WY 82602, (307) 261-6300
    
    FOR FURTHER INFORMATION CONTACT: David W. Lewis, Rural Business-
    Cooperative Service, USDA, Room 6858-S, Mail Stop 3224, South 
    Agriculture Building, 1400 Independence Avenue, SW., Washington, D.C. 
    20250-3224, Telephone (202) 690-0797.
    
    SUPPLEMENTARY INFORMATION: IRP regulations are published in 7 CFR part 
    4274, subpart D. Section 1323 of the Food and Security Act of 1985 
    (Public Law (Pub. L.) 99-198) (7 U.S.C. 1932 Note) as amended by Pub. 
    L. 99-425, in 1988, authorized the Secretary to make loans to entities 
    for the purposes and subject to the terms and conditions specified in 
    the first, second, and last sentences of section 623(a) of the 
    Community Economic Development Act of 1981 (42 U.S.C. 9812(a)). The 
    intermediary loans previously approved and administered by the U.S. 
    Department of Health and Human Services under 45 CFR part 1076, which 
    were transferred to the USDA under the
    
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    provisions of Section 1323 of the Food Security Act of 1985, Public Law 
    99-198, will not be eligible for participation in the pilot sale.
        The Agency initiated a pilot program through a Memorandum of 
    Understanding with the Colorado Housing and Finance Authority (CHFA) in 
    May 1997 to allow CHFA to sell its ultimate recipient portfolio on the 
    secondary market. CHFA was created to address the critical funding 
    needs of community-based development lenders in Colorado. Since the 
    sale of IRP notes is not addressed in the RBS regulations governing the 
    IRP, only a pilot program was authorized. In consultation with the 
    Office of Management and Budget (OMB) and the U.S. Department of the 
    Treasury, RBS has decided to expand the pilot sale, on a limited basis, 
    in order to gather additional information and experience for 
    consideration in establishing a permanent sales program.
    
    Paperwork Reduction Act:
    
        The reporting requirements contained in this regulation have 
    received temporary emergency clearance by the Office of Management and 
    Budget (OMB) under Control Number 0570-0036. However, in accordance 
    with the Paperwork Reduction Act of 1995, RBS will seek standard OMB 
    approval of the reporting requirements contained in this notice and 
    hereby opens a 60-day public comment period.
        Abstract: RBS, an Agency within the Rural Development area of USDA, 
    administers the Intermediary Relending Program which provides loans to 
    non-profit organizations, public agencies, Indian Tribes, and 
    cooperatives to establish a revolving loan program. The revolving loan 
    program provides financial assistance to business facilities and 
    community development projects in rural areas.
        Estimate of Burden: .22 hours.
        Respondents: Intermediaries and ultimate recipients.
        Estimated Number of Respondents: 1,000.
        Estimated Number of Responses per Respondent: 19.41.
        Estimated Total Annual Burden on Respondents: 4,308 hours.
        Copies of this information collection can be obtained from Tracy 
    Gillin, Regulations and Paperwork Management Branch, (202) 692-0039.
        Comments: Comments are invited on: (a) whether the proposed 
    collection of information is necessary for the proper performance of 
    the functions of the Agency, including whether the information will 
    have practical utility; (b) the accuracy of the Agency estimate of the 
    burden of the proposed collection of information including the validity 
    of the methodology and assumptions used; (c) ways to enhance the 
    quality, utility, and clarity of the information to be collected; and 
    (d) ways to minimize the burden of the collection of information on 
    those who are to respond, including through the use of appropriate 
    automated, electronic, mechanical, or other technological collection 
    techniques or other forms of information technology. Comments on the 
    paperwork burden may be sent to Tracy Gillin, Regulations and Paperwork 
    Management Branch, Rural Development, U.S. Department of Agriculture, 
    Stop 0742, 1400 Independence Avenue, SW., Washington, D.C. 20250. All 
    responses to this notice will be summarized and included in the request 
    for OMB approval. All comments will also become a matter of public 
    record.
    
    Criteria For Participation in the Ultimate Recipient Portfolio 
    Sale:
    
        The expansion of the pilot sale will be conducted on a competitive 
    basis and under criteria set by RBS. The following criteria are set 
    forth and must be met (with adequate documentation provided) to be 
    considered under this pilot sale.
        1. Intermediaries must express interest in selling their entire 
    ultimate recipient portfolio classified as seasoned loans (loans 
    outstanding for at least 12 months). The following qualifications also 
    apply:
        a. The loans must be current according to their promissory notes 
    and other agreements.
        b. The current 30-day or more delinquency rate based on the number 
    of loans outstanding for the entire IRP portfolio, including the 
    portion not proposed to be offered for sale, must not exceed 3 percent.
        c. In the aggregate, loans will be sold at ``hold'' or ``market'' 
    value.
        d. Notes will be sold without recourse to the intermediary.
        e. Annual portfolio writeoffs by the intermediary of its loans 
    based on the number of loans outstanding will not exceed an average of 
    1 percent over the past 3 years.
        f. All due diligence expenses in connection with the sale will be 
    paid by the purchaser and reflected in any sale contract entered into 
    between intermediary and purchaser.
        g. Due diligence expenses will only be authorized by the Agency to 
    be paid if the intermediary portfolio is selected for the loan sale. 
    The intermediary will be released from any subsequent liability in 
    regard to the sale of notes sold as non-recourse loans.
        h. Intermediaries agree to use sale proceeds only to make new loans 
    under 7 CFR part 4274, subpart D.
        i. The sales proceeds will be tracked separately and will be 
    deposited into the intermediary's revolving loan fund, recapitalizing 
    the fund for the purpose of making new loans in accordance with the 
    eligible purposes outlined in the current Agency regulations, work 
    plan, and loan agreements.
        2. Intermediaries who have advanced at least 95 percent of the 
    aggregate total funds loaned them by RBS under this program and who 
    meet the stated criteria are eligible to apply for participation in 
    this expanded pilot. The intermediary must provide documentation for 
    the unmet demand for third-party loans and its ability to re-lend all 
    of the proceeds to eligible projects within 3 years from the date of 
    the loan sale before it will be considered for participation in this 
    expanded pilot. This documentation must include a list of loans turned 
    down for lack of funds and the aggregate number and amount of viable 
    loans considered but not made. The intermediary may provide a survey 
    indicating demand for additional funds. The intermediary must provide 
    documentation evidencing project cost leveraging, reserves for losses, 
    and loans made in Rural Development mission areas, targeted areas, and 
    population. Refer to State Offices for details on target areas. The 
    intermediary must reloan 95 percent of the replenished capital within 
    the 3-year period following loan sale closing or at the end of the 3-
    year period must immediately make extra principal repayments on its IRP 
    loan(s) in the full amount of the undisbursed portion as required by 
    current IRP regulations. Intermediaries selected to participate in the 
    expanded third-party sale must maintain their IRP loans with the Agency 
    in a current status. There will be no moratorium or deferment of 
    payments granted to the intermediary to advance the new funds, and 
    proceeds from the sale can be used for Agency debt service.
        Intermediaries must have sufficient alternative sources of funds to 
    ensure IRP loan repayment. Intermediaries permitted to sell their loan 
    portfolios will be ineligible to apply for further IRP loans from RBS 
    unless 95 percent of funds received from the sale have been advanced. 
    Upon selection of the IRP application for the loan sale, all pending 
    IRP applications for funding from the annual Agency appropriation cycle 
    will be held in suspense. If the intermediary is unable to sell its 
    loans under terms approved by RBS, the suspended IRP applications for 
    funding will be reactivated for further funding
    
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    consideration under the available Agency appropriation.
        3. All sales will be ``hold'' or ``market value'' without recourse 
    to the intermediary. If there is Community Reinvestment Act credit 
    associated with the loans, the amount of such credit is to be 
    permanently noted, as it may influence the value to a final purchaser. 
    RBS interprets any financial contribution by the intermediary, other 
    than meeting its own expenses associated with the sale, as potentially 
    weakening the financial strength of the intermediary to meet its long-
    term obligation to RBS. Intermediary affiliate resources or 
    contributions from private sources used in ``hold'' or ``market value'' 
    sale of the ultimate recipient portfolio will not be either a debt or a 
    contingent liability of the intermediary and will be highly scrutinized 
    by the Agency. Only intermediaries selected for the loan sale are 
    authorized to sell their ultimate recipient portfolio.
        4. RBS may authorize the non-recourse sale of less than a total 
    portfolio. The sale may be structured as a sale of whole loans or as 
    any related structure.
        5. The intermediary will advertise the sale of its loans in media 
    with significant national distribution to attract the greatest possible 
    interest from a diverse client base. Advertising costs may be shared on 
    a cooperative basis with other participating intermediaries to assist 
    in defraying advertising expenses. Such cost will be the responsibility 
    of the intermediary. It is the intent of RBS to develop a coordinated 
    approach to soliciting interest from eligible intermediaries and 
    potential purchasers of the portfolio to ensure an equitable 
    opportunity to participate and to obtain the best prices for the 
    portfolios.
        6. Intermediaries may retain or offer to retain servicing rights to 
    their portfolio loans sold in the pilot as authorized by the Agency. In 
    the event the intermediary retains servicing rights, the intermediary 
    will analyze the portfolios it manages, the staffing and process it 
    maintains to make and service loans in each portfolio, and the steps it 
    expects to take to maintain adequate staffing to service and make loans 
    and present such analysis to RBS. The intermediary will be required to 
    obtain certification from the purchaser that the sale of servicing will 
    not result in an acceleration of ultimate recipient loans and that 
    appropriate and adequate servicing will continue following the loan 
    sale.
        7. Recapitalized funds realized from the loan sale will be reloaned 
    for eligible purposes in accordance with current IRP regulations found 
    at 7 CFR part 4274, subpart D, and 7 CFR part 1951, subpart R; the 
    approved work plan; and processed under the same procedure as third-
    party loans made from Agency (Federal) funds. Recapitalized funds 
    resulting from the sale, even though not Agency IRP loan funds, will be 
    administered in accordance with current regulations and the approved 
    work plan. The Agency will exercise the same oversight responsibilities 
    as required for projects receiving IRP Federal funds directly from the 
    Agency. These responsibilities include Agency review of individual 
    third-party loans prior to approval, conduct of environmental reviews, 
    and the requirement that 25 percent of the loan amount for all third-
    party loans be financed from other sources until funds have revolved. 
    Proceeds from the sale shall only be used for recapitalization of the 
    IRP revolving fund and will not be co-mingled with funds from other 
    programs until funds have revolved.
        8. All reserves and other cash in the IRP revolving fund not 
    immediately needed for loans to ultimate recipients or other authorized 
    uses will be deposited in Federal Deposit Insurance Corporation (FDIC) 
    accounts in banks or other financial institutions. Such accounts will 
    be fully covered by FDIC or fully collateralized with U.S. Government 
    obligations and must be interest bearing. Any interest earned thereon 
    remains a part of the IRP revolving fund.
        9. In order to participate in the pilot program, the intermediary 
    must have no more than an average of 1 percent in annual writeoffs over 
    the past 3 years in the same portfolio, measured as the percentage of 
    the total seasoned portfolio. Intermediary applications for the pilot 
    program will be evaluated on the RBS point scoring system on a 
    nationwide basis.
    
    IRP Ranking Criteria
    
        Priority points are determined as follows:
    
    (Maximum Number of Points Including Administrator Priority Points: 100)
    
        1. Percent of Portfolio Loaned--Maximum Points: 10.
        a. Intermediary that has loaned out all of the IRP Federal funds 
    (10 points).
        b. Intermediary that has loaned out between 97-99 percent of the 
    IRP Federal funds (8 points).
        c. Intermediary that has loaned out 95 up to 97 percent of the IRP 
    Federal funds (5 points).
        2. Delinquencies--Maximum Points: 10.
        a. Intermediary that has no ultimate recipient delinquency in its 
    portfolio (10 points).
        b. Intermediary that has 1 percent or less delinquencies in its 
    portfolio based on number of outstanding loans (8 points).
        c. Intermediary that has more than 1 percent but less than 2 
    percent delinquencies in its portfolio based on number of outstanding 
    loans (5 points).
        d. Intermediary that has between 2 percent up to and including 3 
    percent portfolio delinquency rate inclusive on the number of 
    outstanding loans (3 points).
        3. Writeoffs of Bad Loans--Maximum Points: 10.
        a. Intermediary that has no writeoffs of ultimate recipient loans 
    over the past 3 fiscal years (10 points).
        b. Intermediary that has written off 1 percent or less of its 
    ultimate recipient loans over the past 3 fiscal years (8 points).
        4. Maturity of Loans--Maximum Points: 10.
        a. Intermediary that has an average ultimate recipient loan 
    portfolio maturity of more than 10 years (10 points).
        b. Intermediary that has an average ultimate recipient loan 
    portfolio maturity of 7 but less than 10 years (8 points).
        c. Intermediary that has an average ultimate recipient loan 
    portfolio maturity of 5 but less than 7 years (5 points).
        d. Intermediary that has an average ultimate recipient loan 
    portfolio with maturity of 3 but less than 5 years (3 points).
        e. Intermediary that has an average ultimate recipient loan 
    portfolio maturity of 1 but less than 3 years (1 point).
        5. Leverage: Intermediary that has Obtained Non-Federal Loan or 
    Grant Funds to Pay a Portion of the Cost of the Ultimate Recipient 
    Projects--Maximum Points: 10.
        a. Fifty percent or more of the total project cost (10 points).
        b. At least 25 percent but less than 50 percent of the total 
    project cost (8 points).
        c. At least 10 percent but less than 25 percent of the total 
    project cost (5 points).
        6. Rural Area--Maximum Points: 10.
        a. Intermediary that has made 2 or more ultimate recipient loans or 
    has made 25 percent of the total loans, whichever is the greater, to 
    ultimate recipients in unincorporated areas, and cities or towns with 
    populations of 10,000 or less based on 1990 census data (10 points).
    
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        b. Intermediary that has made ultimate recipient loans in 
    unincorporated areas, and cities or towns with population more than 
    10,000 up to and including 20,000 based on 1990 census data (5 points).
        7. Reserves for Loan Payments--Maximum Points: 10. Intermediary 
    that has established a sufficient cash reserve to make RBS loan 
    payments for at least 1 year (10 points).
        8. Community Reinvestment Act Requirements--Maximum Points: 10. 
    Intermediary's ultimate recipient loans that meet Community 
    Reinvestment Act requirements (10 points).
        9. Loans Sold at Par Value--Maximum Points: 5. A par sale is 
    defined as the receipt of sufficient funds from the sale of all 
    principal and interest outstanding on the loans sold to third parties.
        10. Presidential/Administration Priority Areas: Empowerment Zones/
    Enterprise Communities, Pacific Northwest/Alaskan Initiative, Rural 
    Development Mission Area, Targeted Areas and Population--Maximum 
    Points: 15.
        a. Intermediary that has loaned 50 percent or more of its IRP funds 
    in targeted area populations (15 points).
        b. Intermediary that has loaned between 25 up to 50 percent in 
    targeted area populations (10 points).
        c. Intermediary that has loaned less than 25 percent of its IRP 
    funds in targeted area populations (5 points).
    
    Additional Application Requirements for the IRP Pilot Sale
    
        The intermediary's application will also include the following:
        1. Company Name, Address, Contact Person, Telephone and Fax 
    Numbers, and E-Mail and URL Addresses (Web Site).
        2. History of the Intermediary.
        3. Modified Work plan, Detailing Mission or Goals, Outreach Service 
    Plan, etc.
        4. Summarize Each Ultimate Recipient Loan in the Format Outlined in 
    Form RD 1951-4:
        a. Name and address of intermediary.
        b. Type of business.
        c. Use of loan funds.
        d. Original amount of loan.
        e. Date of loan.
        f. Unpaid balance.
        g. Interest rate.
        h. Terms of loan/date of final payment.
        i. Collateral, including lien position.
        j. Loan status.
        k. Number of consecutive loan payments ultimate recipient has made 
    in accordance with the promissory note.
        l. Standard Industrial Code on the ultimate recipient loan.
        5. Summarize the Intermediary Ultimate Recipient Portfolio.
        a. Range and average interest rates.
        b. Range and average repayment term.
        c. Percent of loans made for which intermediary received first 
    lien.
        d. Percent of loans made with real estate collateral.
        e. Percent of loans made with machinery and equipment collateral.
        f. Percent of outstanding loans with current repayment status on 
    report date.
        g. Percent of loans written off.
        h. Percent of loans made with one or more payments late by 30 days 
    or more, since loan inception.
        i. Percent of loans made for which terms have been renegotiated.
        j. Use of leverage on each ultimate recipient loan.
        k. Population where ultimate recipient loans were made.
        l. Identify loans in mission area targeted areas.
    
    Selections Announcement
    
        The Agency will announce on its Internet web site, 45 days after 
    the end of the solicitation period, the intermediaries selected to 
    participate in the expanded pilot, potential purchasers, and third 
    parties interested in structuring the sale of ultimate recipient notes. 
    The Business Programs web site is located at www.rurdev.usda.gov/rbs/
    busp/bpdir.htm. Click on ``IRP 3rd Party Sale'' to receive updates on 
    this loan sale on the Internet (e-mail and web site hot links 
    included). The information will provide updated lists of interested 
    intermediaries, third-party advisors, and third-party purchasers. The 
    application can be found on the Agency web site. RBS employees will be 
    notified of loan sale selections via memorandum and the Agency 
    intranet. All intermediaries making an application of interest under 
    the pilot program will also be notified, in writing, of their selection 
    or non-selection and of third-party purchaser and financial advisory 
    interest. To be included in the published listings, interested third 
    parties (purchasers and advisors) must provide the following 
    information:
    
    Third-Party Purchasers Will Provide
    
        Third-party purchasers will provide the company name, address, 
    contact person, telephone and fax numbers, e-mail address, and URL 
    address (web site). The expression of interest must be in writing. A 
    written letter accompanying the company history, expertise, examples, 
    and references from the purchasers is required and will be submitted to 
    the National Office, Attention: David Lewis, Loan Specialist, Business 
    Programs Servicing Division, Rural Business-Cooperative Service, Rural 
    Development, USDA, STOP 3224, 1400 Independence Avenue, SW., 
    Washington, D.C. 20250-3224.
    
    Advisors--Structuring the Sale
    
        Advisors will provide the company name, address, contact person, 
    telephone and fax numbers, e-mail address, and URL address (web site). 
    The expression of interest must be in writing. A written letter 
    accompanying the company history, expertise, examples, and references 
    from the advisors is required and will be submitted to the National 
    Office, Attention: David Lewis, Loan Specialist, Business Programs 
    Servicing Division, Rural Business-Cooperative Service, Rural 
    Development, USDA, STOP 3224, 1400 Independence Avenue, SW., 
    Washington, D.C. 20250-3224.
    
    Other Matters
    
        1. Environmental Finding. A Finding of No Significant Impact with 
    respect to the environment has been made in accordance with RBS 
    regulations at 7 CFR part 1940, subpart G.
        2. Civil Rights Impact Analysis. It is the policy within the Rural 
    Development mission area to ensure that the consequences of any 
    proposed project approval do not negatively or disproportionately 
    affect program beneficiaries by virtue of race, color, sex, national 
    origin, religion, age, disability, and marital or familial status. To 
    ensure that any proposal under this demonstration program complies with 
    these objectives, the RBS approval official will complete Form RD 2006-
    38, ``Civil Rights Impact Analysis Certification.''
        3. Executive Order 12612, Federalism. The General Counsel, as the 
    Designated Official under section 6(a) of Executive Order 12612, 
    Federalism, has determined that the policies and procedures contained 
    in this Notice will not have substantial direct effects on States or 
    their political subdivisions, or the relationship between the Federal 
    Government and the States, or on the distribution of power and 
    responsibilities among the various levels of government. As a result, 
    the Notice is not subject to review under the Order.
        4. Prohibition Against Advance Information on Funding Decisions. 
    The requirements of the rule continue to apply until the announcement 
    of the selection of successful applicants. RBS employees involved in 
    the review of applications and in the making of funding decisions are 
    restricted from providing advance information to any
    
    [[Page 61580]]
    
    person (other than an authorized employee of RBS) concerning funding 
    decisions, or from otherwise giving any applicant an unfair competitive 
    advantage.
    
        Dated: November 2, 1999.
    Jill Long Thompson,
    Under Secretary, Rural Development.
    [FR Doc. 99-29527 Filed 11-10-99; 8:45 am]
    BILLING CODE 3410-XY-U
    
    
    

Document Information

Published:
11/12/1999
Department:
Agriculture Department
Entry Type:
Notice
Action:
Notice.
Document Number:
99-29527
Dates:
The deadline for receipt of the applications of interest in the third-party sale must be received in the applicable Rural Development
Pages:
61575-61580 (6 pages)
PDF File:
99-29527.pdf