[Federal Register Volume 61, Number 180 (Monday, September 16, 1996)]
[Rules and Regulations]
[Pages 48605-48609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23512]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
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Federal Register / Vol. 61, No. 180 / Monday, September 16, 1996 /
Rules and Regulations
[[Page 48605]]
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Part 1789
RIN 0572-AB17
Use of Consultants Funded by Borrowers
AGENCY: Rural Utilities Service, USDA.
ACTION: Final rule.
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SUMMARY: The Rural Utilities Service (RUS) hereby establishes
procedures and policies pursuant to which a borrower under the RE Act
may fund consultants used by the Administrator for financial, legal,
engineering, environmental and other technical advice and services. The
use of the consultants will assist RUS in the expeditious review of
applications for financial assistance or other approvals sought by
borrowers.
EFFECTIVE DATE: This rule is effective October 16, 1996.
FOR FURTHER INFORMATION CONTACT: F. Lamont Heppe, Jr., Director,
Program Support and Regulatory Analysis, U.S. Department of
Agriculture, Rural Utilities Service, STOP 1522, Washington, D.C.
20250-1522. Telephone: (202) 720-0736.
SUPPLEMENTARY INFORMATION: This final rule has been determined to be
not significant for purposes of Executive Order 12866, Regulatory
Planning and Review, and therefore has not been reviewed by the Office
of Management and Budget (OMB). The Administrator of RUS has determined
that a rule relating to the RUS electric loan program is not a rule as
defined in the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and,
therefore, the Regulatory Flexibility Act does not apply to this rule.
The Administrator of RUS has determined that this rule will not
significantly affect the quality of the human environment as defined by
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Therefore, this action does not require an environmental impact
statement or assessment. This rule is excluded from the scope of
Executive Order 12372, Intergovernmental Consultation, which may
require consultation with State and local officials. A Notice of Final
Rule titled Department Programs and Activities Excluded from Executive
Order 12372 (50 FR 47034) exempts RUS electric loans and loan
guarantees from coverage under this Order. This rule has been reviewed
in accordance with Executive Order 12988 , Civil Justice Reform. RUS as
determined that this rule meets the applicable standards provided in
Section 3 of the Executive Order.
The programs covered by this rule are listed in the Catalog of
Federal Domestic Assistance Programs under numbers 10.850, Rural
Electrification Loans and Loan Guarantees, 10.851, Rural Telephone
Loans and Loan Guarantees, and 10.852, Rural Telephone Bank Loans. This
catalog is available on a subscription basis from the Superintendent of
Documents, the United States Government Printing Office, Washington, DC
20402-9325.
Information Collection and Recordkeeping Requirements
The recordkeeping and reporting burden contained in this rule will
be submitted to the Office of Management and Budget (OMB) for approval
under control number 0572-0108. The paperwork contained in this rule
will not be effective until approved by OMB.
Send questions or comments regarding any other aspect of this
collection of information, including suggestions for reducing the
burden, to F. Lamont Heppe, Jr., Director, Program Support and
Regulatory Analysis, U.S. Department of Agriculture, Rural Utilities
Service, STOP 1522, Washington, D.C. 20250-1522.
Background
On January 2, 1996, at 61 FR 21, the Rural Utilities Service (RUS)
published a proposed rule, 7 CFR Part 1789, Use of Consultants Funded
by Borrowers, which proposed the agency's policies and procedures
pursuant to which a borrower may fund consultants used by the
Administrator for financial, legal, engineering, environmental and
other technical advice and services.
A total of eleven different organizations commented on the proposed
rule. Comments were received from the National Rural Electric
Cooperative Association (NRECA), the National Telephone Cooperative
Association, CoBank, the National Rural Utilities Cooperative Finance
Corporation (CFC), four borrowers, an engineering services firm, a law
firm and the U.S. Department of Treasury.
Comments by the NRECA asserted that staffing constraints at RUS and
the Office of General Counsel (OGC) have often caused burdensome and
costly delays for RUS borrowers in their applications and approval
requests. NRECA recommended allowing the borrower to initiate RUS'
consideration of use of a borrower-funded consultant. NRECA observed
that following the lengthy full and open competition provisions of the
Federal Acquisition Regulation (FAR) would, in many cases, negate the
usefulness of hiring a third party consultant, and urged that RUS
consider authorized exceptions to FAR's full competition requirements.
RUS is of the view that the rule does not prohibit a borrower from
initiating a discussion with the applicable regional director; however
a requirement that obligates RUS program officials to extensive
justification for turning down requests, is unnecessary and takes time
away from the administration of RUS programs.
RUS agrees that the application of the FAR may diminish the
usefulness of hiring a third party consultant and will consider
authorized exceptions to FAR's full competition requirements. RUS will
continue to investigate ways in which the procurement process can be
streamlined.
NRECA and two other commentators protested that the conflict of
interest provisions were too restrictive. They argue that timely
response to borrower approval requests required, in many cases, that
the consultant have extensive, ready knowledge of RUS programs. NRECA
stated that there is a relatively small cadre of lawyers, accountants,
and other professionals who are versed in the unique aspects of RUS
programs. RUS is of the view that the agency has sufficient internal
expertise with respect to specific attributes of the cooperative
industry. However, the definition of organizational conflict of
interest has
[[Page 48606]]
been modified to conform with the definition found in the FAR. The
determination of whether or not a conflict exists, using the FAR
definition, may be made by either the Administrator or the responsible
contracting officer.
NRECA, CoBank and CFC commented that RUS should consider a letter
of credit payment mechanism as an alternative to the proposed escrow
account arrangement. CFC and Oglethorpe supported direct payment from
borrowers to consultants. The use of a letter of credit payment
mechanism was one of the first inquiries made by RUS as the agency
sought to implement this law. RUS is of the view that direct payment by
borrowers to consultants can undermine the integrity of the client-
consultant relationship. The final rule is unchanged from the proposed
rule with respect to the payment mechanism, but RUS will continue to
explore whether a letter of credit mechanism may be substituted for the
escrow account mechanism.
One commenter argued that borrowers should be able to select the
consultant used by RUS. Alternatively, the commenter said that a
borrower should be able to veto RUS' selection of a consultant. Nothing
in the proposed rule prohibits borrowers from making recommendations or
suggestions to RUS regarding the choice of consultant. Under the final
rule, the government retains the authority to select the consultant to
be used.
Oglethorpe proffered the third party contracting process set up by
the Federal Energy Regulatory Commission (FERC) for preparing
environmental impact statements as a model for RUS consultant
procurements. RUS followed the FERC developments with great interest
and actively explored the possibility of emulating it, with some
modifications. The agency was particularly interested in adopting the
``pre-qualified list'' approach. The statutory authorizations are
sufficiently different so as to preclude the agency from emulating the
FERC third party contracting process. Among other examples of how the
FERC process differs from RUS, the guidance documents issued by FERC in
this regard emphasize that those are not federal procurements.
The only law firm which commented urged that the use of legal
consultants should be kept to an absolute minimum. The firm voiced the
concern that the proposed rule will create a class of ``professional
consultants'' with a vested interest in promoting their participation
in RUS transactions. From this, the firm projects the possibility of a
proliferation in the use of legal consultants by RUS and its borrowers,
thereby resulting in significantly increased time consumption and
transaction costs for matters involving RUS approval.
RUS believes that many aspects of this final rule will be self-
policing. The use of borrower funded consultants is a joint decision on
the part of RUS and the borrower. If borrowers elect to incur the costs
associated with funding third party consultants, it will be because it
is to their advantage to do so. Proliferation under those circumstances
is not necessarily undesirable.
List of Subjects in 7 CFR Part 1789
Administrative practice and procedure, Electric power, Electric
utilities, Legal services, Loan programs--energy, Loan programs--
telecommunications, Reporting and recordkeeping requirements.
For the reasons stated, RUS amends 7 CFR Chapter XVII to add a new
part 1789 to read as follows:
PART 1789--USE OF CONSULTANTS FUNDED BY BORROWERS
Subpart A--Policy and Procedures With Respect to Consultant
Services Funded by Borrowers--General
Sec.
1789.150 Purpose.
1789.151 Definitions.
1789.152 Policy.
1789.153 Borrower funding.
1789.154 Eligible borrowers.
1789.155 Approval criteria.
1789.156 Proposal procedure.
1789.157 Consultant contract.
1789.158 Implementation.
1789.159 Contract administration.
1789.160 Access to information.
1789.161 Conflicts of interest.
1789.162 Indemnification agreement.
1789.163 Waiver.
1789.164--1789.165 [Reserved]
Subpart B--Escrow Account Funding and Payments
1789.166 Terms and conditions of funding agreement.
1789.167 Terms and conditions of escrow agreement.
1789.168--1789.175 [Reserved]
Authority: 7 U.S.C. 901-950b; Pub. L. 103-354, 108 Stat. 3178 (7
U.S.C. 6941 et seq.).
Subpart A--Policy and Procedures With Respect to Consultant
Services Funded by Borrowers--General
Sec. 1789.150 Purpose.
This part sets forth policies and the procedures for implementing
subsection (c) of section 18 of the Rural Electrification Act of 1936,
as amended (7 U.S.C. 901 et seq.)(RE Act) which authorizes the Rural
Utilities Service (RUS) to use the services of Consultants funded by
the Borrowers to facilitate timely action on Applications by Borrowers
for financial assistance and other approvals.
Sec. 1789.151 Definitions.
As used in this part:
Administrator means the Administrator of the Rural Utilities
Service (RUS).
Application means a request for financial assistance under the RE
Act or such other approvals as may be required of the RUS pursuant to
the terms of outstanding loan or security instruments or otherwise.
Borrower means any organization which has an outstanding loan(s)
made or guaranteed by RUS or its predecessor agency, the Rural
Electrification Administration (REA) under the RE Act or any
organization which has submitted or submits an Application before RUS.
Consultant means a person or firm which has been retained pursuant
to this subpart under a contract to provide financial, legal,
engineering, environmental, or other technical advice and services.
Consultant Contract means a contract for the performance of
consulting services for RUS, to be paid using funds provided by a
Borrower, which may be in the form of a Retainer Contract, purchase
order, or other form as may be appropriate.
Escrow Account means an account established pursuant to
Sec. 1789.158.
Escrow Agreement means an agreement, between a Borrower, a
Consultant and a Third-party Commercial Institution, meeting the
requirements of Sec. 1789.167.
Final Invoice means the closing Invoice prepared for a given Task
Order.
Financial Consultant means a Consultant retained pursuant to this
part to provide financial advisory services.
Funding Agreement means an agreement, between a Borrower and a
Consultant, providing for the Borrower to fund the costs of a Task
Order and otherwise meeting the requirements of Sec. 1789.166.
Indemnification Agreement means an agreement by a Borrower meeting
the requirements of Sec. 1789.162.
Invoice means an invoice prepared by a Consultant pursuant to the
terms of a Consultant Contract.
Legal Consultant means any Consultant retained pursuant to this
part to provide legal services to RUS.
Notice of Proposal to Fund means a notice meeting the requirements
of Sec. 1789.156 provided to RUS by the Borrower.
[[Page 48607]]
Organizational Conflict of Interest means that because of other
activities or relationships with other persons, a person is unable or
potentially unable to render impartial assistance or advice to the
Government, or the person's objectivity in performing the contract work
is or might be otherwise impaired, or a person has an unfair
competitive advantage.
Retainer Contract means a Consultant Contract providing for a
minimum required payment to a Consultant irrespective of whether
services are utilized by RUS thereunder.
Task Order means a written request for consultant services pursuant
to the terms of a Consultant Contract.
Third-party Commercial Institution means a commercial financial
institution mutually acceptable to the Borrower and the Consultant.
Sec. 1789.152 Policy.
(a) As provided in this subpart, RUS may, at its discretion, use
the services of Consultants funded by a Borrower where such services
will facilitate timely action on an Application by such Borrower for
financial assistance or other approvals. Such Consultants may provide
financial, legal, engineering, environmental or other technical advice
and services in connection with the review of an Application.
(b) With the approval of RUS, a Borrower may fund the cost of
consulting services in connection with the review by RUS of an
Application by such Borrower. Such funding shall be provided pursuant
to the terms of a Funding Agreement between the Borrower and the
Consultant designated by RUS.
(c) RUS may not, without the consent of the Borrower, require, as a
condition of processing any Application for approval, that the Borrower
agree to pay the costs of a Consultant hired to provide services to
RUS.
(d) The government shall retain sole discretion in the selection of
Consultants to provide services to RUS and the form of contract
utilized. RUS may either use the services of one or more Consultants
retained under Retainer Contracts or the government may elect to retain
a Consultant not otherwise on retainer. The government shall have sole
discretion to prescribe terms and conditions of Consultant Contracts.
The Borrower may bring considerations to the attention of the
government which the Borrower deems pertinent to the selection process.
(e) RUS shall retain sole discretion as to whether to further
pursue use of an outside consultant for the relevant application in the
event the Borrower does not enter into the agreements referenced in
Sec. 1789.158(c)(3)(iii) within 60 days of the government providing to
the Borrower the information set forth in Sec. 1789.158(c)(3).
Sec. 1789.153 Borrower funding.
Borrowers shall use their general funds for the purposes of funding
consultant services hereunder. Borrowers may not use the proceeds of
loans made or guaranteed under the RE Act for costs incurred by
Borrowers pursuant to the funding of consultant services for RUS.
Sec. 1789.154 Eligible borrowers.
All Borrowers are eligible to fund consultant services under this
part.
Sec. 1789.155 Approval criteria.
RUS will consider approving the use of consultant services funded
by a Borrower on a case by case basis taking into account, among other
matters, the following:
(a) Whether such services are required to facilitate timely action
on a Borrower's Application. RUS shall determine what represents timely
action with respect to each Application considering, among other
matters, the review period normally required for such projects by RUS
and other lenders and the consequences to the Borrower of adjusting the
review period.
(b) The availability of staff resources, the priorities of other
projects then before RUS, and the efficiencies to be realized from the
use of consultant services.
(c) Whether it is in the best interest of RUS to use Borrower-
funded Consultants. Certain types of projects, such as those involving
issues of program-wide significance, may not be well suited for the use
of Borrower funded Consultants.
Sec. 1789.156 Proposal procedure.
(a) In the event RUS determines that consideration should be given
to the use of a Borrower-funded consultant in connection with the
review of an Application, the RUS Regional Director or the Director of
the Power Supply Division, as appropriate, will discuss with the
Borrower the nature of the Application and the projected review period
required of RUS. If RUS concludes that the projected review period will
not result in timely action on the Application, and after being so
notified in writing by RUS the Borrower wishes to fund consultant
services to facilitate RUS review, the Borrower shall submit to the
same Director a funding proposal. The proposal shall set forth the
following:
(1) Identification in the heading or caption as a Notice of
Proposal to Fund Consulting Services;
(2) Borrower's REA/RUS designation;
(3) Borrower's legal name and address;
(4) A description of the Application, critical issues and concerns
relating to the Application, time deadlines, and the consequences of
any delays in RUS review;
(5) A description of the consulting service(s) that would
facilitate timely RUS review of the Application; and
(6) Such additional documents and information as RUS may request.
(b) RUS will review the Notice of Proposal to Fund and any
additional information RUS deems relevant in determining whether to
proceed with procuring Borrower funded Consultants. If RUS proposes to
utilize Legal Consultants, RUS must obtain the concurrence of the
Office of General Counsel (OGC) of the Department of Agriculture. RUS
will notify the Borrower in writing of its determination.
Sec. 1789.157 Consultant contract.
(a) The Federal Acquisition Regulation (FAR), 48 CFR Ch. 1, and the
Agriculture Acquisition Regulation (AGAR), 48 CFR Ch. 4, shall apply to
all Consultant Contracts entered into pursuant to this part except as
provided in this section.
(1) Contracts for Legal Consultants shall provide for a technical
representative from OGC.
(2) All Consultant Contracts shall provide for an escrow account
funding mechanism pursuant to this part and for the government's sole
discretion in determining whether payments are to be made from the
Escrow Account to the Consultant.
(3) All Consultant Contracts shall provide that payment of all
obligations for work performed thereunder must be satisfied by amounts
available in the Escrow Account; with the exception of the annual
retainer fee, if any, Consultants shall not be entitled to any payments
from the government.
(b) The provisions of paragraph (a) of this section shall be given
prominent emphasis in requests for proposals issued under this part.
Sec. 1789.158 Implementation.
(a) Upon making a determination to go forward with Borrower funding
for consulting services, RUS shall initiate a procurement request for a
Consultant to provide the services. The government may either contract
with a Consultant on a case by case basis or elect to use a Consultant
pursuant to an outstanding
[[Page 48608]]
Retainer Contract. The Borrower will not be informed of the Consultant
selected until such time as the government provides the information set
forth in paragraph (c)(3) of this section.
(b) If the government determines to contract with a Consultant on a
case by case basis, the government shall notify the Borrower of the
applicable procedures.
(c) If the government determines to contract with a Consultant
under an outstanding Retainer Contract, the following procedures will
normally apply:
(1) Pursuant to the terms of the contract, the government will
prepare a draft Task Order requesting consultant services in connection
with the review of the Borrower's Application. The draft Task Order
shall set forth for the Consultant's review and acceptance, a
description of the services to be provided and applicable time frames
for the provision of such services.
(2) The government will request that the Consultant:
(i) Notify the government as to the acceptability of the form and
substance of the draft Task Order;
(ii) Notify the government as to its ability to provide a
satisfactory conflict of interest certification consistent with the
requirements of the FAR (48 CFR ch. 1); and
(iii) Provide a cost estimate for the draft Task Order.
(3) When the government is satisfied with the response(s) received
pursuant to paragraph (c)(2) of this section, the government shall
promptly provide to the Borrower:
(i) A copy of the draft Task Order identifying the Consultant;
(ii) The Consultant's cost estimate for the draft Task Order; and
(iii) Contract information required to enable the Borrower to
develop a Funding Agreement, an Escrow Agreement and an Indemnification
Agreement (the ``agreements'').
(4) The Borrower shall develop and submit to the government for
approval executed originals of:
(i) The agreements; and
(ii) A certified copy of a resolution of the board of directors
authorizing the Borrower to enter into the agreements and to take such
other action as is necessary to effect the purposes of the agreements.
(5) Upon receiving written RUS approval of the agreements and the
form and substance of the board resolution, the Borrower shall:
(i) Establish and fund the Escrow Account; and
(ii) Provide written notice to the government of the Escrow Account
number, the funding thereof, and such other information as required
pursuant to the agreements.
(6) After the Borrower has funded the Escrow Account, the
government shall issue Task Order(s) for consultant services in
accordance with the terms and conditions of the applicable Retainer
Contract.
Sec. 1789.159 Contract administration.
The government shall be solely responsible for the administration
of a Consulting Contract and shall have complete control over the scope
of the Consultant's work, the timetable for performance, the standards
to be applied in determining the acceptability of deliverables and the
approval of payment of Invoices.
Sec. 1789.160 Access to information.
The Borrower shall not have rights in nor right of access to the
work product of the Consultant. All analyses, studies, opinions,
memoranda, and other documents and information provided by the
Consultant pursuant to a Consulting Contract may be released and made
available to the Borrower only with the approval of RUS. This section
does not restrict release of information by RUS pursuant to the Freedom
of Information Act (5 U.S.C. 552(a)(2)) or other legal process.
Sec. 1789.161 Conflicts of interest.
The standard for determining organizational conflicts of interest
shall be as set forth in the FAR subpart 9.5 (48 CFR part 9, subpart
9.5); however, the identification of the existence of an organizational
conflict of interest may be made by either the Administrator or the
cognizant Contracting Officer. In the event an organizational conflict
of interest is determined to exist, the cognizant Contracting Officer
shall take the actions prescribed at FAR 9.504 (48 CFR 9.504) to
attempt to avoid, neutralize or mitigate the conflict. Should these
actions be deemed by the Administrator and the Contracting Officer to
adequately resolve the conflict, the contracting action with the
offeror/contractor may proceed. Should the Administrator or the
Contracting Officer determine that an organizational conflict of
interest still exists such that contract award or other contracting
action cannot be taken (award of task/delivery order, etc.) the
offeror/contractor shall be so informed by the Contracting Officer and
be provided a reasonable opportunity to respond in accordance with FAR
9.504(e) (48 CFR 9.504(e)). After considering the contractor's
response, if it is found by both the Administrator and Contracting
Officer to remedy the conflict of interest, the contracting action may
proceed. If the Administrator and Contracting Officer determine that
the contractor's response does not resolve the conflict of interest,
yet continuing with the contracting action with the offeror/contractor
in question is considered in the best interest of the United States, a
waiver in accordance with FAR 9.503 (48 CFR 9.503) may be executed.
This waiver shall be submitted under the Contracting Officer's
signature and approved by the Administrator. The Administrator has been
delegated Head of Contracting Activity authority by the USDA Senior
Procurement Executive solely for the purpose of waiver approval.
Sec. 1789.162 Indemnification agreement.
As a condition of approving Borrower funding, the government will
require the Borrower to enter into an Indemnification Agreement, in
form and substance satisfactory to RUS, providing that the Borrower
will indemnify and hold harmless the government and any officers,
agents or employees of the government from any and all liability,
including costs, fees, and settlements arising out of, or in any way
connected with the payment of the Consultant's fee pursuant to the
Consultant Contract. The Indemnification Agreement may recognize, as a
condition of liability thereunder, the rights of the borrower to prompt
notice, to use of counsel of its own choosing, and to participation in
any settlement of a claim against which indemnification is sought.
Sec. 1789.163 Waiver.
RUS may waive any requirement or procedure of this subpart by
determining that its application in a particular situation would not be
in the government's interest, except that certain provision that the
subject contracts are subject to the provisions of the FAR (48 CFR ch.
1) and AGAR (48 CFR ch. 4).
Secs. 1789.164--1789.165 [Reserved]
Subpart B--Escrow Account Funding and Payments
Sec. 1789.166 Terms and conditions of funding agreement.
Funding Agreements between the Borrower and a Consultant shall be
in form and substance satisfactory to RUS and provide for, among other
matters, the following:
(a) Specific reference by number to the applicable Consulting
Contract entered into between the government and the Consultant;
[[Page 48609]]
(b) Specific reference by number to the applicable Task Order
(where applicable);
(c) A brief description of the Application;
(d) A requirement that Invoices make specific reference to:
(1) The applicable contract and Task Order(s); and
(2) The Escrow Account from which payment is to be made;
(e) A requirement that the Final Invoice for a Task Order be
clearly identified as such;
(f) A description of the services to be provided by the Consultant
to RUS and the applicable time frames for the provision of such
services;
(g) Agreement that the Borrower shall pay for the Consultant
services provided to RUS under the applicable contract through an
Escrow Account established pursuant to an Escrow Agreement, the
Consultant shall not provide services to RUS under the applicable
contract unless there are sufficient funds in the Escrow Account to pay
for such services, the Consultant shall seek compensation for services
provided under the applicable contract from, and only from, funds made
available through the Escrow Account, and the Consultant must submit
all Invoices to the government for approval.
(h) A form of Escrow Agreement satisfactory to the Borrower,
Consultant and the designated Third-party Commercial Institution;
(i) A schedule setting forth when and in what amounts the Borrower
shall fund the Escrow Account;
(j) Acknowledgment by the Consultant of the Indemnification
Agreement provided by the Borrower to the government; and
(k) The Funding Agreement shall not be effective unless and until
approved in writing by RUS.
Sec. 1789.167 Terms and conditions of escrow agreement.
Escrow Agreements between and among the Borrower, Consultant and
Third-party Commercial Institution shall be in form and substance
satisfactory to RUS and provide for, among other matters, the
following:
(a) Specific reference by number to the applicable contract for
services;
(b) Specific reference by number to the applicable Task Order;
(c) Specific reference by number to the Escrow Account into which
funds are to be deposited;
(d) Invoices to specifically identify the applicable contract and
Task Order(s);
(e) Funds to be held in the Escrow Account by the escrow agent
until paid to the Consultant pursuant to the government's
authorization;
(f) The Escrow Account to be closed and all remaining funds
remitted to the Borrower after payment of the Final Invoice, unless
otherwise directed by the government;
(g) The government, the Consultant and the Borrower to have the
right to be informed, in a timely manner and in such form as they may
reasonably request, as to the status of and activity in the Escrow
Account; and
(h) The Escrow Agreement shall not be effective unless and until
approved in writing by RUS.
Secs. 1789.168-1789.175 [Reserved]
Dated: September 6, 1996.
Jill Long Thompson,
Under Secretary, Rural Development.
[FR Doc. 96-23512 Filed 9-13-96; 8:45 am]
BILLING CODE 3410-15-P
