[Federal Register Volume 59, Number 51 (Wednesday, March 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6024]
[[Page Unknown]]
[Federal Register: March 16, 1994]
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DEPARTMENT OF AGRICULTURE
Farmers Home Administration
7 CFR Part 1942
RIN 0575-AB68
Community Facility Loans and Grants
AGENCY: Farmers Home Administration and Rural Development
Administration, USDA.
ACTION: Final rule with request for comments.
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SUMMARY: The Farmers Home Administration (FmHA) amends its regulations
that are utilized by the Rural Development Administration (RDA) in
administering Community Facility Loans and Grants. This action is
necessary to implement provisions of the Act making appropriations for
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Programs for the fiscal year ending September 30, 1994
(the Act). The Act provides up to $15 million in RDA grant funds for
water and waste disposal (WWD) facilities in rural Alaskan villages.
The WWD grant funds authorized by the Act are to be made available to
remedy the dire sanitation conditions that exist in rural Alaskan
villages.
DATES: This final rule is effective on March 16, 1994. Written comments
must be received on or before May 16, 1994.
ADDRESSES: Submit written comments in duplicate to the Chief,
Regulations and Analysis and Control Branch, Farmers Home
Administration, U.S. Department of Agriculture, room 6348, South
Agriculture Building, 14th St. and Independence Ave., SW., Washington,
DC 20250. All written comments will be available for public inspection
during regular work hours at the above address.
FOR FURTHER INFORMATION CONTACT: Jerry W. Cooper, Loan Specialist,
Water and Waste Disposal Division, Rural Development Administration,
USDA, South Agriculture Building, room 6328, Washington, DC 20250,
telephone: (202) 720-9589.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
We are issuing this rule in conformance with Executive Order 12866,
and we have determined that it is not a ``significant regulatory
action.'' Based on information complied by the Department, we have
determined that this rule: (1) Would have an effect on the economy of
less than $100 million; (2) would not adversely affect 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 or recipients thereof; and (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 Review
This program is listed in the Catalog of Federal Domestic
Assistance under number 10.760, Water and Waste Systems For Rural
Communities and is subject to the provisions of Executive Order 12372
which requires intergovernmental consultation with State and local
officials.
Environmental Impact Statement
This action has been reviewed in accordance with FmHA Instruction
1940-G, ``Environmental Program.'' RDA has determined that the 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.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act (44 U.S.C. 3507),
the information collection requirements included in this rule have been
approved through 7 CFR 1942-A. The assigned OMB control number is 0575-
0015. This rule does not revise or impose any new information
collection or recordkeeping requirements from those approved by the
Office of Management and Budget.
Background
It is the policy of this Department that rules relating to public
property, loans, grants, benefits, or contracts shall be published for
comment notwithstanding the exemption in 5 U.S.C. 553 with respect to
such rules. These amendments, however, are not published for proposed
rulemaking because they are merely following the specific directions of
the Act and no discretion is left with the agency as to how to use the
funds appropriated for this purpose.
The Act provides up to $15,000,000 of the amount appropriated for
WWD grants for projects to remedy the dire sanitation conditions that
exist in rural Alaskan villages. RDA grants are directed to Alaskan
villages that have a median household income that does not exceed 110
percent of the statewide nonmetropolitan median household income. The
statewide nonmetropolitan median household income for Alaska is
$39,804. The Act further provides that the grants are limited to 50
percent of the development cost of a project. The other 50 percent must
be from a State or local contribution. The RDA grant funds can be used
by rural Alaskan villages to construct or improve water or waste
disposal facilities to serve the residents of these villages. New or
improved water or waste disposal systems would solve a major health
problem that has burdened the rural parts of Alaska, inhabited
primarily Alaskan Natives. The lack of clean, running water and
sanitary facilities have led to severe health problems for many of the
villages residents.
List of Subjects in 7 CFR Part 1942
Community development, Community facilities, Grant programs--
Housing and community development, Rural areas, Waste treatment and
disposal--Domestic, Water supply--Domestic.
Therefore, chapter XVIII, title 7, Code of Federal Regulations is
amended as follows:
PART 1942--ASSOCIATIONS
1. The authority citation for part 1942 continues to read as
follows:
Authority: 7 U.S.C. 1989; 16 U.S.C. 1005; 5 U.S.C. 301; 7 CFR
2.23; 7 CFR 2.70.
Subpart H--Development Grants for Community Domestic Water and
Waste Disposal Systems
2. Section 1942.386 is added to read as follows:
Sec. 1942.386 Rural Alaskan villages.
(a) General.
(1) This section contains regulations for providing grants to
remedy the dire sanitation conditions in rural Alaskan villages using
funds specifically made available for this purpose.
(2) Unless specifically modified by this section, grants will be
made, processed, and serviced in accordance with this subpart.
(b) Definitions. (1) Dire sanitation condition. For the purpose of
this section, a dire sanitation condition exists where:
(i) Recurring instances of a waterborne communicable disease have
been documented; or
(ii) No community-wide water and sewer system exists and individual
residents must haul water to or human waste from their homes and/or use
pit privies.
(2) Rural Alaskan village. A rural Alaskan community which meets
the definition of a village under State statutes and does not have a
population in excess of 10,000 inhabitants, according to the latest
decennial Census of the United States.
(c) Eligibility. (1) The applicant must be a rural Alaskan village.
(2) The median household income of the village cannot exceed 110
percent of the statewide nonmetropolitan household income.
(3) A dire sanitation condition must exist in the village.
(4) The applicant must obtain 50 percent of project development
costs from State or local contributions. The local contribution can be
from loan funds authorized under subpart A of this part.
(d) Grant amount. Grants will be made for up to 50 percent of the
project development costs.
(e) Use of funds. Grant funds can be used to pay reasonable costs
associated with providing potable water or waste disposal services to
residents of rural Alaskan villages.
(f) Construction. (1) If the State of Alaska is contributing to the
project costs, the project does not have to meet the construction
requirements of this subpart.
(2) If a loan is made in accordance with subpart A of this part for
part of the local contribution, all of the requirements of that subpart
apply.
Dated: February 24, 1994.
Bob J. Nash,
Under Secretary for Small Community and Rural Development.
[FR Doc. 94-6024 Filed 3-15-94; 8:45 am]
BILLING CODE 3410-07-U
