[Federal Register Volume 59, Number 48 (Friday, March 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5642]
[[Page Unknown]]
[Federal Register: March 11, 1994]
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DEPARTMENT OF AGRICULTURE
Farmers Home Administration
7 CFR Part 1942
RIN 0575-AB54
Community Facility Loans and Grants
AGENCY: Farmers Home Administration, USDA.
ACTION: Final rule.
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SUMMARY: The Farmers Home Administration (FmHA) adopts its interim rule
published November 18, 1991, (56 FR 58177) as a final rule without
change. This action makes final its Community Facility loan and grant
regulations utilized by the Rural Development Administration to assist
the residents of rural communities in obtaining adequate quantities of
drinking water that meet the requirements of the Safe Drinking Water
Act (42 U.S.C. 300f et seq.). Grants can be made under this program to
any city or town with a population not in excess of 5,000 inhabitants
according to the most recent decennial census of the United States.
Also, the median household income of the rural area cannot exceed the
statewide nonmetropolitan median household income according to the most
recent decennial census of the United States. The intended effect of
this action revises FmHA regulations to include the emergency community
assistance grants authorized by the Act. This action is not expected to
substantially affect budget outlay or to affect more than one agency or
to be controversial. The net result is expected to provide better
service to rural communities.
EFFECTIVE DATE: March 11, 1994.
FOR FURTHER INFORMATION CONTACT:
Jerry W. Cooper, Loan Specialist, Water and Waste Disposal Division,
Farmers Home Administration, USDA, South Agriculture Building, room
6328, Washington, DC 20250, telephone: (202) 720-9589.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
We are issuing this final rule in conformance with Executive Order
12866, and we have determined that it is not a ``significant regulatory
action.'' Based on information compiled by the Department, we have
determined that this final rule: (1) Would have an effect on the
economy of less than $100 million; (2) would not adversely effect in a
material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local, or tribal governments or communities; (3) would not create a
serious inconsistency or otherwise interfere with an action taken or
planned by another agency; (4) would not alter the budgetary impact of
entitlements, grants, user fees, or loan programs or rights and
obligations of recipients thereof; (5) would not raise novel legal or
policy issues arising out of legal mandates, the President's
priorities, or principles set forth in Executive Order 12866.
Intergovernmental Consultation
This program is listed in the Catalog of Federal Domestic
Assistance under number 10.440, and is subject to the provisions of
Executive Order 12372, which requires intergovernmental consultation
with State and local officials. (7 CFR part 3015, subpart V; 48 FR
29112, June 24, 1983; 49 FR 2267, May 31, 1984; 50 FR 14088, April 10,
1985).
Environmental Impact Statement
This document has been reviewed in accordance with 7 CFR part 1940,
subpart G, ``Environmental Programs.'' It is the determination of FmHA
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.
Compliance With Executive Order 12778
The regulation has been reviewed in light of Executive Order 12778
and meets the applicable standards provided in sections 2(a) and
(2)(b)(2) of that Order. Provisions within this part which are
inconsistent with state law are controlling. All administrative
remedies pursuant to 7 CFR part 1900 Subpart B must be exhausted prior
to filing suit.
Background
This action implements section 2326 of Public Law 101-624 which
requires that grants be provided to assist residents of rural areas and
small communities in securing adequate quantities of safe drinking
water. Grants made under this program will only be made to remedy an
acute shortage of quality water or a significant decline in the
quantity or quality of water that is available. Grant applicants must
be a public or private nonprofit entity and, in the case of a grant
made because of a decline in water supplies, the applicant must
demonstrate that the decline occurred within two years of the date the
application was filed for a grant.
FmHA published an interim final rule in the Federal Register on
November 18, 1991, (56 FR 58177) and asked for written comments on or
before January 17, 1992. One comment was received from the public
review process. The respondent suggested that smaller communities of
less than 500 in population be given the most points in
Sec. 1942.507(d)(1)(ii)(A). The respondent stated that smaller
communities have the most problems with water quality and supply and
are least able to finance major repairs. The Agency did not adopt this
suggestion. Sec. 1942.507(d)(1)(ii)(A) awards the most points to
projects that serve an area with a rural population not in excess of
1,500. The points are awarded based on the population of the area to be
served and the Agency believes that they are fair to all type entities
that qualify for these grants. The respondent also suggested that a
specific date should establish for review of applications for funding
by the National Office. The Agency did not adopt this suggestion.
Sec. 1942.507(c) states that starting November 1 the National Office
will start funding requests and will continue as long as funds are
available. Emergency situations can occur at any time and the Agency
needs the flexibility to fund projects at any time when funds are
available. By not having a set date to review funding requests the
Agency can also better match funding requests with the amount of funds
available.
List of Subjects in 7 CFR Part 1942
Community development, Community facilities, Loan programs--Housing
and community development, Loan security, Rural areas, Waste treatment
and disposal--Domestic, Water supply--Domestic.
Therefore, FmHA adopts its interim final rule published November
18, 1991, (56 FR 58177) as a final rule without change.
Dated: March 1, 1994.
Bob J. Nash,
Under Secretary Small Community and Rural Development.
[FR Doc. 94-5642 Filed 3-10-94; 8:45 am]
BILLING CODE 3410-07-M
