[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Proposed Rules]
[Pages 63846-63850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26133]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 76, No. 199 / Friday, October 14, 2011 /
Proposed Rules
[[Page 63846]]
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Part 1700
RIN 0572-AC23
Substantially Underserved Trust Areas (SUTA)
AGENCY: Rural Utilities Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Rural Utilities Service (RUS) proposes to issue
regulations in order to provide loans and grants to facilitate the
construction, acquisition, or improvement of infrastructure projects in
Substantially Underserved Trust Areas (SUTA). The intent is to
implement Section 906F of the Rural Electrification Act (7 U.S.C. 960f)
by providing the process by which eligible applicants may apply for
funding by the agency.
DATES: Comments must be submitted on or before December 13, 2011.
ADDRESSES: Submit comments by either of the following methods:
Federal eRulemaking Portal at http://www.regulations.gov.
Follow instructions for submitting comments.
Postal Mail/Commercial Delivery: Please send your comment
addressed to Michele Brooks, Director, Program Development and
Regulatory Analysis, USDA Rural Development, 1400 Independence Avenue,
STOP 1522, Room 5159, Washington, DC 20250-1522.
Additional information about the Agency and its programs is
available on the Internet at http://www.rurdev.usda.gov.
FOR FURTHER INFORMATION CONTACT: Michele Brooks, Director, Program
Development and Regulatory Analysis, Rural Utilities Service, Rural
Development, U.S. Department of Agriculture, 1400 Independence Avenue,
SW., STOP 1510, Room 5135-S, Washington, DC 20250-1590. Telephone
number: (202) 720-9542, Facsimile: (202) 720-1725.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rule has been determined to be not significant for purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. Rural Development has determined that this rule meets
the applicable standards provided in section 3 of that Executive Order.
In addition, all State and local laws and regulations that are in
conflict with this rule will be preempted. No retroactive effect will
be given to the rule and, in accordance with section 212(e) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6912(e)), administrative appeal procedures must be exhausted before an
action against the Department or its agencies may be initiated.
Regulatory Flexibility Act Certification
RUS has determined that this proposed rule will not have a
significant economic impact on a substantial number of small entities,
as defined in the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
RUS provides loans to borrowers at interest rates and on terms that are
more favorable than those generally available from the private sector.
RUS borrowers, as a result of obtaining federal financing, receive
economic benefits that exceed any direct economic costs associated with
complying with RUS regulations and requirements.
Information Collection and Recordkeeping Requirements
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35), RUS invites comments on this information collection for
which RUS intends to request approval from the Office of Management and
Budget (OMB).
Comments on this notice must be received by December 13, 2011.
Comments are invited on (a) Whether the 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's estimate of burden including the validity of
the methodology and assumption 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 on
other forms of information technology.
Comments may be sent to Michele Brooks., Director, Program
Development and Regulatory Analysis, Rural Utilities Service, U.S.
Department of Agriculture, 1400 Independence Ave., SW., Stop 1522, Room
5159 South Building, Washington, DC 20250-1522.
Title: Substantially Underserved Trust Areas.
Type of Request: Approval of a new collection.
Abstract: The RUS provides loan, loan guarantee and grant programs
for rural electric, water and waste, and telecommunications and
broadband infrastructure. The SUTA initiative gives the Secretary of
Agriculture certain discretionary authorities relating to financial
assistance terms and conditions that can enhance the financing
possibilities in areas that are underserved by certain RUS electric,
water and waste, and telecommunications and broadband programs. The
data covered by this collection of information are those materials
necessary to allow the agency to determine applicant and community
eligibility and an explanation and documentation of the high need for
the benefits of the SUTA provisions. Program specific application
materials are covered by the information collection package for the
specific RUS program being applied for.
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 2 hours per response.
Respondents: Tribes, tribal leaders, tribal members and other
stakeholders interested in developing utility infrastructure on trust
areas.
Estimated Number of Respondents: 10.
Estimated Number of Responses per Respondent: 1.
Estimated Total Annual Burden on Respondents: 20 hours.
Copies of this information collection can be obtained from Michele
Brooks,
[[Page 63847]]
Program Development and Regulatory Analysis, at (202) 690-1078.
All responses to this information collection and recordkeeping
notice will be summarized and included in the request for OMB approval.
All comments will also become a matter of public record.
E-Government Act Compliance
Rural Development is committed to the E-Government Act, which
requires Government agencies in general to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible
Catalog of Federal Domestic Assistance
The programs described by this rule are listed in the Catalog of
Federal Domestic Assistance Programs under number 10.759, Special
Evaluation Assistance for Rural Communities and Households Program
(SEARCH); 10.760, Water and Waste Disposal Systems for Rural
Communities; 10.761, Technical Assistance and Training Grants; 10.762,
Solid Waste Management Grants; 10.763, Emergency Community Water
Assistance Grants; 10.770, Water and Waste Disposal Loans and Grants
(Section 306C); 10.850, Rural Electrification Loans and Loan
Guarantees; 10.851, Rural Telephone Loans and Loan Guarantees, 10.855,
Distance Learning and Telemedicine Loans and Grants; 10.857, State Bulk
Fuel Revolving Fund Grants; 10.859, Assistance to High Energy Cost
Rural Communities; 10.861, Public Television Station Digital Transition
Grant Program; 10.862, Household Water Well System Grant Program;
10.863, Community Connect Grant Program; 10.864, Grant Program to
Establish a Fund for Financing Water and Wastewater Projects; 10.886,
Rural Broadband Access Loans and Loan Guarantees.
The Catalog is available on the Internet at http://www.cfda.gov.
Executive Order 12372
Most programs covered by this rulemaking are excluded from the
scope of Executive Order 12372, Intergovernmental Consultation, which
may require consultation with State and local officials. See the final
rule related notice entitled ``Department Programs and Activities
Excluded from Executive Order 12372,'' (50 FR 47034). However, the
Water and Waste Disposal Loan Program, CFDA number 10.770, is subject
to the provisions of Executive Order 12372 which requires
intergovernmental consultation with State and local officials.
Unfunded Mandates
This rule contains no Federal mandates (under the regulatory
provision of Title II of the Unfunded Mandate Reform Act of 1995) for
State, local, and tribal governments or the private sector. Thus, this
rule is not subject to the requirements of sections 202 and 205 of the
Unfunded Mandate Reform Act of 1995.
National Environmental Policy Act Certification
Rural Development 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.
Executive Order 13132, Federalism
The policies contained in this rule do not have any substantial
direct effect on states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government. Nor does this
rule impose substantial direct compliance costs on state and local
governments. Therefore, consultation with the states is not required
Executive Order 13175
The policies contained in this rule do not impose substantial
unreimbursed direct compliance costs on Indian tribal, Alaska native,
or native Hawaiian governments and sovereign institutions or have
tribal implications that preempt tribal law. Prior to development of
this rulemaking, the agency held Tribal Consultations at seven (7) USDA
regional consultations, conducted sixteen (16) SUTA specific
consultations and hosted three (3) internet and toll free
teleconference based webinars in order to determine the impact of this
rule on Tribal governments, communities, and individuals. Reports from
these sessions for consultation will be made part of the USDA annual
reporting on Tribal Consultation and Collaboration, the annual SUTA
Report to Congress and were used extensively throughout the drafting of
this proposed rule.
Background
USDA Rural Development (Rural Development) is a mission area within
the U.S. Department of Agriculture comprising the Rural Housing
Service, Rural Business/Cooperative Service and Rural Utilities
Service. Rural Development's mission is to increase economic
opportunity and improve the quality of life for all rural Americans.
Rural Development meets its mission by providing loans, loan
guarantees, grants and technical assistance through more than forty
programs aimed at creating and improving housing, businesses and
infrastructure throughout rural America.
Rural Utilities Service (RUS) loan, loan guarantee and grant
programs act as a catalyst for economic and community development. By
financing improvements to rural electric, water and waste, and telecom
and broadband infrastructure, RUS also plays a big role in improving
other measures of quality of life in rural America, including public
health and safety, environmental protection, conservation, and cultural
and historic preservation.
The 2008 Farm Bill (Pub. L. 110-246, codified at 7 U.S.C. 906f)
authorized the Substantially Underserved Trust Area (SUTA) initiative.
The SUTA initiative gives the Secretary of Agriculture certain
discretionary authorities relating to financial assistance terms and
conditions that can enhance the financing possibilities in areas that
are underserved by certain RUS electric, water and waste, and telecom
and broadband programs. Given the challenges, dynamics, and
opportunities in implementing the SUTA initiative, RUS has aimed to
foster a process that includes the voices of tribal leaders, tribal
community members, Alaska Native Regional and Village Corporations,
Guam, American Samoa and the Commonwealth of the Northern Mariana
Islands, and other stakeholders.
Preliminary research by RUS identified various reports that
provided several insights. In 2007, the United States Census Bureau
Facts for Features article (dated 10/29/07) reported that the poverty
rate of people who reported being sole race American Indian and Alaska
Native (AI/AN) was 27 percent. Additionally, in 2006, the United States
Government Accountability Office reported that based on the 2000
decennial census, the telephone subscribership rate for Native American
households on tribal lands was substantially below the national level
of about 98 percent. Specifically, about 69 percent of Native American
households on tribal lands in the lower 48 states and about 87 percent
in Alaska Native villages had telephone service. Finally, in 2000, the
United States Census Bureau reported that on Native American lands,
11.7 percent of residents lack complete plumbing facilities, compared
to 1.2 percent of the general U.S. population.
There are special considerations and challenges in implementing an
initiative
[[Page 63848]]
on trust lands. Many American Indians, Alaska Natives, Native
Hawaiians, and Pacific Islanders have a deep spiritual, cultural, and
historical relationship with the land. In certain circumstances, the
objectives of economic and infrastructure development can be at odds
with spiritual, cultural, historical, and environmental values.
Additionally, there are special legal considerations inherent in
financing projects in areas where the land itself cannot be used as
security.
The SUTA initiative identifies the need and improves the
availability of RUS programs to reach trust areas when they are
determined by the Secretary of Agriculture (such authority has been
delegated to the Administrator of RUS) to be substantially underserved.
The RUS programs that are affected by this provision include: Rural
Electrification Loans and Guaranteed Loans, and High Cost Energy
Grants; Water and Waste Disposal Loans, Guaranteed Loans and Grants;
Telecommunications Infrastructure Loans and Guaranteed Loans; Distance
Learning and Telemedicine Loans and Grants; and Broadband Loans and
Guaranteed Loans.
In addition to its discretionary authority to implement the SUTA
provisions, RUS is under a continuing obligation to make annual reports
to Congress on (a) The progress of the SUTA initiative, and (b)
recommendations for any regulatory or legislative changes that would be
appropriate to improve services to substantially underserved trust
areas. RUS has submitted three reports to Congress, dated June 18,
2009, and June 21, 2010, and August 23, 2011.
The USDA Office of Native American Programs (since renamed the
Office of Tribal Relations, hereinafter OTR) and RUS began exploring a
potential SUTA initiative in 2008 after passage of the Farm Bill. RUS
in conjunction with OTR interpreted this to include formal USDA Tribal
Consultation in working with stakeholders that are federally recognized
tribes. Pursuant to this determination and in accordance with President
Obama's November 5, 2009, Memorandum on Tribal Consultation, RUS
conducted sixteen (16) direct tribal consultations, seven (7) regional
consultations, one listening session and three (3) internet and toll
free teleconference based webinars on implementation of the SUTA
provision with Indian tribes from across the country. Additionally, the
agency heard from six Federal agencies at three separate consultations
on how best to implement the SUTA provision.
Federal agencies that were consulted include: the Department of the
Interior, as the primary Federal agency with direct responsibilities to
serve Native American and Pacific Islander stakeholders; the Department
of Veterans Affairs, for its clarification of the definition of ``trust
land''; the Environmental Protection Agency, because it has information
regarding underserved trust areas with environmental challenges; the
Department of Energy, because it has an interest in promoting energy
development in trust areas; the Department of Commerce and the Federal
Communications Commission, because each agency has an interest in
telecommunications development in trust areas; the Department of Health
and Human Services; and the Office of Management and Budget.
As a result of categorizing and analyzing the comments received at
both sets of consultations, RUS was able to identify certain issues
that impact both the underserved areas who seek better access to RUS
programs, and the federal agencies who have similar yet sometimes
competing interests in these areas. This regulation is informed by the
insight gained through the consultations, and is designed to complement
existing loan, grant, and combination loan and grant programs with the
SUTA provisions that authorize the Administrator to apply certain
discretionary authorities (2 percent interest and extended repayment
terms; waivers of nonduplication restrictions, matching fund
requirements, or credit support requirements; and highest funding
priority) for the benefit of eligible communities, and the entities
that serve them, in underserved Trust areas.
List of Subjects in 7 CFR Part 1700
Authority delegations (Government agencies), Electric power,
Freedom of information, Loan programs--communications, Loan programs--
energy, Organization and functions (Government agencies), Rural areas,
Telecommunications, Broadband loan and grant programs, Water and waste
loan and grant program, and the Distance Learning and Telemedicine
program.
For reasons set out in the preamble, the agency proposes to amend
chapter XVII of title 7 of the Code of Federal Regulations by proposing
to amend part 1700 to read as follows:
PART 1700--GENERAL INFORMATION
1. The authority citation continues to read as follows:
Authority: 5 U.S.C. 301, 552; 7 U.S.C. 901 et seq., 1921 et
seq., 6941 et seq.; 7 CFR 2.7, 2.17 and 2.47.
Sec. Sec. 1700.59 through 1700.99 [Reserved]
2. Add and reserve Sec. Sec. 1700.59 through 1700.99 to Subpart C
of part 1700.
3. Add subpart D, consisting of Sec. Sec. 1700.100 to 1700.150, to
read as follows:
Subpart D--Substantially Underserved Trust Areas
Sec.
1700.100 Purpose.
1700.101 Definitions.
1700.102 Eligible programs.
1700.103 Eligible communities.
1700.104 Financial feasibility.
1700.105 Determining whether land meets the statutory definition of
``trust land.''
1700.106 Discretionary provisions.
1700.107 Considerations relevant to the exercise of SUTA
discretionary provisions.
1700.108 Application requirements.
1700.109 RUS review.
1700.110-1700.150 [Reserved]
Subpart D--Substantially Underserved Trust Areas
Sec. 1700.100 Purpose.
This subpart establishes policies and procedures for the Rural
Utilities Service (RUS) implementation of the Substantially Underserved
Trust Areas (SUTA) initiative under section 306F of the Rural
Electrification Act of 1936, as amended (7 U.S.C. 906f). The purpose of
this rule is to identify and improve the availability of eligible
programs in communities in substantially underserved trust areas.
Sec. 1700.101 Definitions.
Administrator means the Administrator of the Rural Utilities
Service, or designee or successor.
Applicant means an entity that is eligible for an eligible program
under that program's eligibility criteria.
Borrower means any organization that has an outstanding loan or
loan guarantee made by RUS for a program purpose.
Completed application means an application that includes the
elements specified by the rules for the applicable eligible program in
form and substance satisfactory to RUS.
ConAct means the Consolidated Farm and Rural Development Act, as
amended (7 U.S.C. 1921 et seq.).
Credit support means equity, cash requirements, letters of credit,
and other financial commitments provided in support of a loan or loan
guarantee.
[[Page 63849]]
Eligible community means a community as defined by 7 CFR 1700.103.
Eligible program means a program as defined by 7 CFR 1700.102.
Financial assistance means a grant, combination loan and grant,
loan guarantee or loan.
Financial feasibility means the ability of a project or enterprise
to meet operating expenses, financial performance metrics, such as debt
service coverage requirements and return on investment, and the general
ability to repay debt and sustain continued operations at least through
the life of the RUS loan or loan guarantee.
Matching fund requirements means the applicant's financial or other
required contribution to the project for approved purposes.
Nonduplication generally means a restriction on financing projects
for services in a geographic area where reasonably adequate service
already exists as defined by the applicable program.
Project means the activity for which financial assistance has been
provided.
RE Act means the Rural Electrification Act of 1936, as amended (7
U.S.C. 901 et seq.).
RUS means the Rural Utilities Service, an agency of the United States
Department of Agriculture, successor to the Rural Electrification
Administration.
Substantially underserved trust area means a community in trust land
with respect to which the Administrator determines has a high need for
the benefits of an eligible program.
Trust land means ``trust land'' as defined in section 3765 of title 38,
United States Code as determined by the Administrator under 7 CFR
1700.104.
Underserved means an area or community lacking an adequate level or
quality of service in an eligible program, including areas of
duplication of service provided by an existing provider where such
provider has not provided or will not provide adequate level or quality
of service.
Sec. 1700.102 Eligible programs.
SUTA does not apply to all RUS programs. SUTA only applies to
eligible programs. An eligible program means a program administered by
RUS and authorized in (a) the RE Act, or (b) paragraphs (1), (2), (14),
(22), or (24) of section 306(a) (7 U.S.C. 1926(a)(1), (2), (14), (22),
(24)), or sections 306A, 306C, 306D, or 306E of the Con Act (7 U.S.C.
1926a, 1926c, 1926d, 1926e).
Sec. 1700.103 Eligible communities.
(a) An eligible community is a community that:
(1) Is located on trust land;
(2) May be served by an RUS administered program; and
(3) Is determined by the Administrator as having a high need for
benefits of an eligible program.
Sec. 1700.104 Financial feasibility.
(a) Financial Feasibility. The Administrator will only make grants,
loans and loan guarantees that RUS finds to be financially feasible and
that provide eligible program benefits to substantially underserved
trust areas. The financial feasibility of an application will be
determined pursuant to normal underwriting practices for a particular
eligible program, as supplemented by available SUTA provisions. All
income and assets available to and under the control of the Applicant
will be considered as part of the Applicant's financial profile.
Sec. 1700.105 Determining whether land meets the statutory definition
of ``trust land.''
The Administrator will use one or more of the following resources
in determining whether a particular community is located in trust land:
(a) Official maps of Federal Indian Reservations based on
information compiled by the U.S. Department of the Interior, Bureau of
Indian Affairs and made available to the public;
(b) Title Status Reports issued by the U.S. Department of the
Interior, Bureau of Indian Affairs showing that title to such land is
held in trust or is subject to restrictions imposed by the United
States;
(c) Trust Asset and Accounting Management System data, maintained
by the Department of the Interior, Bureau of Indian Affairs;
(d) Official maps of the Department of Hawaiian Homelands of the
State of Hawaii identifying land that has been given the status of
Hawaiian home lands under the provisions of section 204 of the Hawaiian
Homes Commission Act, 1920;
(e) Official records of the U.S. Department of the Interior, the
State of Alaska, or such other documentation of ownership as the
Administrator may determine to be satisfactory, showing that title is
owned by a Regional Corporation or a Village Corporation as such terms
are defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq);
(f) Evidence that the land is located on Guam, American Samoa or
the Commonwealth of the Northern Mariana Islands, and is eligible for
use in the Veteran's Administration direct loan program for veterans
purchasing or constructing homes on communally-owned land; and
(g) Any other evidence satisfactory to the Administrator to
establish that the land is ``trust land'' within the meaning of 38
U.S.C. 3765(1).
Sec. 1700.106 Discretionary provisions.
(a) To improve the availability of eligible programs in eligible
communities determined to have a high need for the benefits of an
eligible program, the Administrator retains the discretion, on a case-
by-case basis, to:
(1) Make available to qualified applicants financing with an
interest rate as low as 2 percent, or extend repayment terms;
(2) Waive non-duplication restrictions, matching fund requirements,
and/or credit support requirements from any loan or grant program
administered by RUS;
(3) Give the highest funding priority to designated projects in
substantially underserved trust areas.
(b) Requests for waivers of nonduplication restrictions, matching
fund requirements, or credit support requirements, and requests for
highest funding priority will be reviewed on a on a case-by-case basis
upon written request of the applicant filed pursuant to 7 CFR 1700.108.
(c) Notwithstanding the requirements in paragraph (b) of this
section, the Administrator reserves the right to evaluate any
application for an eligible program for use of the discretionary
provisions of this subpart without a formal, written request from the
applicant.
Sec. 1700.107 Considerations relevant to the exercise of SUTA
discretionary provisions.
(a) In considering a request to make available financing with an
interest rate as low as 2 percent, and/or with extended repayment
terms, the Administrator will evaluate the effect of and need for such
terms on the finding of financial feasibility.
(b) In considering a request for a non-duplication waiver, the
Administrator will consider the offerings of all existing service
providers to determine whether or not granting the non-duplication
waiver is warranted. A waiver of non-duplication restrictions will not
be given if the Administrator determines as a matter of financial
feasibility that, taking into account all existing service providers,
an applicant or RUS borrower would not be able to repay a loan or
successfully implement a grant agreement. Requests for waivers of non-
[[Page 63850]]
duplication restrictions will be reviewed by taking the following
factors into consideration:
(1) The size, extent and demographics of the duplicative area;
(2) The cost of service from existing service providers;
(3) The quality of available service; and
(4) The ability of the existing service provider to serve the
eligible service area.
(c) Requests for waivers of matching fund requirements will be
evaluated by taking the following factors into consideration:
(1) Whether waivers or reductions in matching or equity
requirements would make an otherwise financially infeasible project
financially feasible;
(2) Whether permitting a matching requirement to be met with
sources not otherwise permitted in an affected program due to
regulatory prohibition may be allowed under a separate statutory
authority; and
(3) Whether the application could be ranked and scored as if the
matching requirements were fully met.
(d) Requests for waivers of credit support requirements will be
evaluated taking the following factors into consideration:
(1) The cost and availability of credit support relative to the
loan security derived from such support;
(2) The extent to which the requirement is shown to be a barrier to
the applicant's participation in the program; and
(3) The alternatives to waiving the requirements.
(e) The Administrator may adapt the manner of assigning highest
funding priority to align with the selection methods used for
particular programs or funding opportunities.
(1) Eligible programs which use priority point scoring may, in a
notice of funds availability or similar notice, assign extra points for
SUTA eligible applicants as a means to exercise a discretionary
authority under this subpart.
(2) The Administrator may announce a competitive grant opportunity
focused exclusively or primarily on trust lands which incorporates one
or more discretionary authorities under this subpart into the rules or
scoring for the competition.
Sec. 1700.108 Application requirements.
(a) To receive consideration under this subpart, the applicant must
submit to RUS a completed application that includes all of the
information required for an application in accordance with the
regulations relating to the program for which financial assistance is
being sought. In addition, the applicant must notify the RUS contact
for the applicable program in writing that it seeks consideration under
this subpart and identify the discretionary authorities of this subpart
it seeks to have applied to its application. The required written
request memorandum or letter must include the following items:
(1) A description of the applicant, documenting eligibility.
(2) A description of the community to be served, documenting
eligibility in accordance with 7 CFR 1700.103.
(3) An explanation and documentation of the high need for the
benefits of the eligible program, which may include:
(i) Data documenting a lack of service (i.e. no service or unserved
areas) or inadequate service in the affected community;
(ii) Data documenting significant health risks due to the fact that
a significant proportion of the community's residents do not have
access to, or are not served by, adequate, affordable service.
(iii) Data documenting economic need in the community, which may
include: (A) Per capita income of the residents in the community, as
documented by the U.S. Department of Commerce, Bureau of Economic
Analysis;
(B) Local area unemployment and not-employed statistics in the
community, as documented by the U.S. Department of Labor, Bureau of
Labor Statistics and/or the U.S. Department of the Interior, Bureau of
Indian Affairs;
(C) Supplemental Nutrition Assistance Program participation and
benefit levels in the community, as documented by the U.S. Department
of Agriculture, Economic Research Service;
(D) National School Lunch Program participation and benefit levels
in the community, as documented by the U.S. Department of Agriculture,
Food and Nutrition Service;
(E) Temporary Assistance for Needy Families Program participation
and benefit levels in the community, as documented by the U.S.
Department of Health and Human Services, Administration for Children
and Families;
(F) Lifeline Assistance and Link-Up America Program participation
and benefit levels in the community, as documented by the Federal
Communications Commission and the Universal Service Administrative
Company;
(G) Examples of economic opportunities which have been or may be
lost without improved service.
(H) Data maintained and supplied by Indian tribes or other tribal
or jurisdictional entities on ``trust land'' to the Department of
Interior, the Department of Health and Human Services and the
Department of Housing and Urban Development that illustrates a high
need for the benefits of an eligible program.
(4) The impact of the specific authorities sought under this
subpart.
(b) The applicant must provide any additional information RUS may
consider relevant to the application which is necessary to adequately
evaluate the application under this subpart.
(c) RUS may also request modifications or changes, including
changes in the amount of funds requested, in any proposal described in
an application submitted under this subpart.
(d) The applicant must submit a completed application within the
application window and guidelines for an eligible program.
Sec. 1700.109 RUS review.
(a) RUS will review the application to determine whether the
applicant is eligible to receive consideration under this subpart and
whether the application is timely, complete, and responsive to the
requirements set forth in 7 CFR 1700.107.
(b) If the Administrator determines that the application is
eligible to receive consideration under this subpart and one or more
SUTA requests are granted, the applicant will be so notified.
(c) If RUS determines that the application is not eligible to
receive further consideration under this subpart, RUS will so notify
the applicant. The applicant may withdraw its application or request
that RUS treat its application as an ordinary application for review,
feasibility analysis and service area verification by RUS consistent
with the regulations and guidelines normally applicable to the relevant
program.
Sec. Sec. 1700.110-1700.150 [Reserved]
Dated: September 8, 2011.
Jonathan Adelstein,
Administrator, Rural Utilities Service.
[FR Doc. 2011-26133 Filed 10-13-11; 8:45 am]
BILLING CODE P