[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2017 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          
          
          Title 7

Agriculture


________________________

Parts 1940 to 1949

                         Revised as of January 1, 2017

          Containing a codification of documents of general 
          applicability and future effect

          As of January 1, 2017
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

[[Page ii]]

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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 7:
    SUBTITLE B--Regulations of the Department of Agriculture 
      (Continued)
          Chapter XVIII--Rural Housing Service, Rural 
          Business-Cooperative Service, Rural Utilities 
          Service, and Farm Service Agency, Department of 
          Agriculture (Continued)                                    5
  Finding Aids:
      Table of CFR Titles and Chapters........................     245
      Alphabetical List of Agencies Appearing in the CFR......     265
      List of CFR Sections Affected...........................     275

[[Page iv]]





                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 7 CFR 1940.301 
                       refers to title 7, part 
                       1940, section 301.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
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name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
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evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

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[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
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[[Page vii]]

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    Oliver A. Potts,
    Director,
    Office of the Federal Register.
    January 1, 2017.







[[Page ix]]



                               THIS TITLE

    Title 7--Agriculture is composed of fifteen volumes. The parts in 
these volumes are arranged in the following order: parts 1-26, 27-52, 
53-209, 210-299, 300-399, 400-699, 700-899, 900-999, 1000-1199, 1200-
1599, 1600-1759, 1760-1939, 1940-1949, 1950-1999, and part 2000 to end. 
The contents of these volumes represent all current regulations codified 
under this title of the CFR as of January 1, 2017.

    The Food and Nutrition Service current regulations in the volume 
containing parts 210-299, include the Child Nutrition Programs and the 
Food Stamp Program. The regulations of the Federal Crop Insurance 
Corporation are found in the volume containing parts 400-699.

    All marketing agreements and orders for fruits, vegetables and nuts 
appear in the one volume containing parts 900-999. All marketing 
agreements and orders for milk appear in the volume containing parts 
1000-1199.

    For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of John 
Hyrum Martinez, assisted by Stephen J. Frattini.

[[Page 1]]



                          TITLE 7--AGRICULTURE




                 (This book contains parts 1940 to 1949)

  --------------------------------------------------------------------

  SUBTITLE B--Regulations of the Department of Agriculture (Continued)

                                                                    Part

chapter xviii--Rural Housing Service, Rural Business-
  Cooperative Service, Rural Utilities Service, and Farm 
  Service Agency, Department of Agriculture (Continued).....        1940

[[Page 3]]

  Subtitle B--Regulations of the Department of Agriculture (Continued)

[[Page 5]]



    CHAPTER XVIII--RURAL HOUSING SERVICE, RURAL BUSINESS-COOPERATIVE 
SERVICE, RURAL UTILITIES SERVICE, AND FARM SERVICE AGENCY, DEPARTMENT OF 
                         AGRICULTURE (CONTINUED)




  --------------------------------------------------------------------


  Editorial Note: Nomenclature changes to chapter XVIII appear at 61 FR 
1109, Jan. 16, 1996, and at 61 FR 2899, Jan. 30, 1996.

              SUBCHAPTER H--PROGRAM REGULATIONS (CONTINUED)
Part                                                                Page
1940            General.....................................           7
1941

[Reserved]

1942            Associations................................          42
1943

[Reserved]

1944            Housing.....................................         114
1946

[Reserved]

1948            Rural development...........................         214
1949

[Reserved]

[[Page 7]]



              SUBCHAPTER H_PROGRAM REGULATIONS (CONTINUED)





PART 1940_GENERAL--Table of Contents



Subparts A-H [Reserved]

      Subpart I_Truth in Lending_Real Estate Settlement Procedures

1940.401 Truth in lending.
1940.402-1940.405 [Reserved]
1940.406 Real estate settlement procedures.

Subparts J-K [Reserved]

  Subpart L_Methodology and Formulas for Allocation of Loan and Grant 
                              Program Funds

1940.551 Purpose and general policy.
1940.552 Definitions.
1940.553-1940.559 [Reserved]
1940.560 Guarantee Rural Rental Housing Program.
1940.561-1940.562 [Reserved]
1940.563 Section 502 non-subsidized guaranteed Rural Housing (RH) loans.
1940.564 Section 502 subsidized guaranteed Rural Housing loans.
1940.565 Section 502 subsidized Rural Housing loans.
1940.566 Section 504 Housing Repair loans.
1940.567 Section 504 Housing Repair grants.
1940.568 Single Family Housing programs appropriations not allocated by 
          State.
1940.569-1940.574 [Reserved]
1940.575 Section 515 Rural Rental Housing (RRH) loans.
1940.576 Rental Assistance (RA) for new construction.
1940.577 Rental Assistance (RA) for existing projects.
1940.578 Housing Preservation Grant (HPG) program.
1940.579 Multiple Family Housing appropriations not allocated by State.
1940.580-1940.584 [Reserved]
1940.585 Community Facility loans.
1940.586-1940.587 [Reserved]
1940.588 Business and Industry Guaranteed and Direct Loans, Rural 
          Business Development Grants, and Intermediary Relending 
          Program.
1940.589 Rural Energy for America Program.
1940.590 [Reserved]
1940.591 Community Program Guaranteed loans.
1940.592 Community facilities grants.
1940.593 Other Rural Business-Cooperative Service programs.
1940.594-1940.600 [Reserved]

Exhibit A to Subpart L of Part 1940 [Reserved]
Exhibit B to Subpart L of Part 1940--Section 515 Nonprofit Set Aside 
          (NPSA)
Exhibit C to Subpart L of Part 1940--Housing in Underserved Areas

Subparts M-S [Reserved]

   Subpart T_System for Delivery of Certain Rural Development Programs

1940.951 General.
1940.952 [Reserved]
1940.953 Definitions.
1940.954 State participation.
1940.955 Distribution of program funds to designated States.
1940.956 State rural economic development review panel.
1940.957 State coordinator.
1940.958 Designated agency.
1940.959 Area plan.
1940.960 Federal employee panel members.
1940.961 Allocation of appropriated funds.
1940.962 Authority to transfer direct loan amounts.
1940.963 Authority to transfer guaranteed loan amounts.
1940.964 [Reserved]
1940.965 Processing project preapplications/applications.
1940.966-1940.967 [Reserved]
1940.968 Rural Economic Development Review Panel Grant (Panel Grant).
1940.969 Forms, exhibits, and subparts.
1940.970 [Reserved]
1940.971 Delegation of authority.
1940.972-1940.999 [Reserved]
1940.1000 OMB control number.

    Authority: 5 U.S.C. 301; 7 U.S.C. 1989; and 42 U.S.C. 1480.

    Editorial Note: Nomenclature changes to part 1940 appear at 80 FR 
9876, Feb. 24, 2015.

Subparts A-H [Reserved]



      Subpart I_Truth in Lending_Real Estate Settlement Procedures

    Source: 48 FR 4, Jan. 3, 1983, unless otherwise noted.



Sec.  1940.401  Truth in lending.

    (a) General. This section provides instructions for compliance with 
the Truth in Lending Act, as implemented by Regulation Z of the Federal 
Reserve System, to assure that individual Rural Housing (RH) applicants 
are informed of:

[[Page 8]]

    (1) The cost and terms of credit, and
    (2) Their right to cancel certain credit transactions resulting in a 
lien or mortgage on their home.
    (b) Scope. This section applies to all individuals who apply for 
loans, assumptions, or credit sales (hereafter described as 
transactions) for household purposes.
    (1) Special rules for the right to cancel transactions not for 
purchase, acquisition or initial construction of a home broaden the 
scope of this section to include individuals who have an ownership 
interest in, and reside in as a principal dwelling, property which will 
be security for a mortgage, even though they may not execute the 
promissory note or assumption agreement. Such persons have the right to 
receive credit disclosures and the notice of the right to cancel and may 
cancel the transaction.
    (2) This section does not apply to:
    (i) Applicants who are corporations, associations, cooperatives, 
public bodies, partnerships, or other organizations;
    (ii) Individual applicants for multiple family housing transactions 
(rural rental or labor housing), unless for a two-family dwelling in 
which the applicants will reside, and other business and commercial type 
loans; or
    (iii) Applicants involved in credit transactions primarily for 
agricultural purposes.
    (c) Disclosure of the cost and terms of credit--(1) Form and 
content. Form RD 1940-41, ``Truth in Lending Disclosure Statement,'' 
will be used to provide the following required disclosures:
    (i) Annual percentage rate;
    (ii) Finance charge;
    (iii) Amount financed;
    (iv) Total of payments;
    (v) Total sale price (required for credit sales only);
    (vi) Payment schedule;
    (vii) A separate itemization of the amount financed, if the 
applicant requests it. Normally this required disclosure will have been 
met in transactions subject to the Real Estate Settlement Procedures Act 
(RESPA) by providing the applicant with Form RD 440-58, ``Estimate of 
Settlement Costs'';
    (viii) The lender's identity;
    (ix) Prepayment or late payment penalties;
    (x) Security interest;
    (xi) Insurance requirements;
    (xii) Assumption policy; and
    (xiii) Referral to other loan documents.
    (2) Timing, use of estimates and required redisclosure. (i) In 
transactions for the purchase or construction of a home subject to 
RESPA, Form RD 1940-41, completed using ``good faith'' estimates based 
on the best information available, will be delivered or placed in the 
mail to the applicant no later than three (3) business days after 
receipt of a written application in the County Office.
    (ii) In transactions not subject to RESPA, such as RH Section 502 
transactions for repairs or refinancing or RH Section 504 transactions, 
Form RD 1940-41, completed using the actual terms of the transaction, 
will be delivered to each applicant (and in transactions which are 
subject to cancellation, each non-applicant with the right to cancel) at 
the time of loan approval.
    (iii) In the event of a change in rates and terms between the time 
of initial disclosure and closing, whereby the annual percentage rate 
varies by more than one-eighth of one percent, redisclosure must be 
made. This may be done by entering the changes on all copies of the 
initial Form RD 1940-41, or by preparing a new Form RD 1940-41. When 
required, redisclosure may be made at the time the transaction is 
approved or at the time of the change, but the form must be delivered to 
the applicant before the signing of the promissory note or assumption 
agreement.
    (3) Special instructions for assumption, reamortization, refinancing 
and multiple transactions. (i) Assumptions, within the scope of 
paragraph (b) of this section, at new rates and terms or of existing 
obligations which were for purchase, acquisition or initial construction 
of a residence, require new credit disclosure before the assumption 
occurs. Since assumptions are not subject to RESPA, early disclosure is 
not required.
    (ii) Reamortization, as described in 7 CFR part 3550, when the 
borrower is in default or delinquent, does not require

[[Page 9]]

new credit disclosure. In all other cases reamortization requires new 
credit disclosure.
    (iii) Refinancing of debts in accordance with 7 CFR part 3550, 
though not subject to RESPA or early disclosure, does require credit 
disclosure at the time the transaction is approved.
    (iv) Multiple transactions.
    (A) When a subsequent loan is financed along with another 
transaction and both transactions require credit disclosure, a separate 
Form RD 1940-41 will be prepared for each transaction.
    (B) Transactions with multiple advances will be treated as one 
transaction for the purpose of credit disclosure, in accordance with the 
Forms Manual Insert (FMI) for Form RD 1940-41.
    (d) Notice of the right to cancel. The right to cancel applies only 
to transactions within the scope of paragraph (b) of this section, which 
are not for purchase, acquisition or initial construction of and which 
result in a mortgage on an individual's principal residence, such as RH 
Section 502 transactions for refinancing, repairs or rehabilitation or 
RH Section 504 transactions.
    (1) Form and Content. Form RD 1940-43, ``Notice of Right to 
Cancel'', will be used to notify individuals of their right to cancel 
those transactions, within the scope of paragraphs (b) and (d) of this 
section, which result in a mortgage on their principal residence except 
when the transaction is for its purchase or initial construction. This 
notice will identify the transaction and disclose the following:
    (i) The acquisition of a security interest in the individual's 
principal residence.
    (ii) The individual's right to cancel the transaction.
    (iii) How to exercise the right to cancel the transaction, with a 
form for that purpose.
    (iv) The effects of cancellation.
    (v) The date the cancellation period expires.
    (2) Timing. (i) Two copies of Form RD 1940-43, and one copy of Form 
RD 1940-41, in accordance with the FMI's, will be given to each 
individual entitled to cancel, not later than loan closing.
    (ii) Any entitled individual may cancel the transaction until 
midnight of the third business day following whichever of the following 
events occurs last:
    (A) The date the transaction is closed.
    (B) The date Truth in Lending credit disclosures were made.
    (C) The date notice of the right to cancel was received.
    (3) Disbursement of funds. In a transaction subject to cancellation 
funds will not be disbursed, other than to a designated attorney or 
title insurance company preparatory to closing, until:
    (i) Forms FmHA 1940-43 have been given to the appropriate 
individuals,
    (ii) The three-day cancellation period has expired, and
    (iii) The loan approval official is reasonably assured that the 
transaction has not been cancelled. This assurance may be obtained by:
    (A) Waiting a reasonable period of time after the expiration of the 
cancellation period to allow for the delivery of a mailed notice, or
    (B) Obtaining a written statement from each individual entitled to 
cancel that the right has not been exercised.
    (iv) This delay in disbursing funds may be waived in cases of a 
bonafide personal financial emergency, which must be met within the 
cancellation period, when the individual submits a signed and dated 
statement describing the nature of the emergency and waiving the right 
to cancel. Such a statement must be signed by all individuals entitled 
to cancel.
    (4) Effects of cancellation. (i) When an individual cancels a 
transaction, the mortgage securing the transaction becomes void and the 
borrower will not be liable for any amount, including any finance 
charge.
    (ii) Within twenty (20) calendar days after receipt of a notice of 
cancellation the loan approval official will:
    (A) Notify all interested parties of the cancellation;
    (B) Return, and/or request the return of any money or property given 
to anyone in connection with the transaction; and
    (C) Take the necessary action to terminate the mortgage.

[[Page 10]]

    (iii) Once evidence has been presented to the borrower that the 
mortgage has been terminated, the borrower must return any funds 
advanced by Rural Development to the Rural Development County Office or 
surrender any property at his/her residence within twenty (20) calendar 
days.
    (e) Advertisements. An advertisement is defined as a commercial 
message in any medium that promotes, directly or indirectly, a credit 
transaction. Advertisements for credit sales of Government inventory 
property, within the scope of paragraph (b) of this section, are subject 
to the following requirements.
    (1) If an advertisement states specific credit terms, it shall state 
only those terms that actually are or will be arranged or offered.
    (2) If an advertisement states a rate of finance charge, it shall 
state the rate as an annual percentage rate, using that term.
    (3) Terms requiring additional disclosures.
    (i) If any of the following terms is set forth in an advertisement:
    (A) The amount or percentage of any down payment,
    (B) The number of payments or period of repayment,
    (C) The amount of any payment, or
    (D) The amount of any finance charge,
    (ii) The advertisement must also state:
    (A) The amount or percentage of down payment,
    (B) The terms of repayment, and
    (C) The annual percentage rate, using that term.

[48 FR 4, Jan. 3, 1983, as amended at 60 FR 55123, Oct. 27, 1995; 67 FR 
78328, Dec. 24, 2002]



Sec. Sec.  1940.402-1940.405  [Reserved]



Sec.  1940.406  Real estate settlement procedures.

    (a) General. This section provides the instructions for compliance 
with the Real Estate Settlement Procedures Act (RESPA), as amended, and 
Regulation X of the Department of Housing and Urban Development.
    (b) Scope. (1) This section applies to loans and credit sales, 
including Section 502 Rural Housing, 1-4 family Rural Rental Housing, 1-
4 family Labor Housing, and Farm Ownership involving tracts of less than 
25 acres, whether made to an individual, corporation, partnership, 
association or other entity, which meet the following requirements:
    (i) The proceeds of the loan or the credit extended are used in 
whole or in part to finance the purchase and transfer of title of the 
property to be mortgaged by the borrower, and
    (ii) The loan or credit sale is secured by a first lien covering 
real estate on which is located a structure designed principally for the 
occupancy of from 1-4 families, or on which a structure designed 
principally for the occupancy of from 1-4 families is to be constructed 
using proceeds of the loan.
    (2) Exempt transactions include:
    (i) Loans for repairs, improvements, or refinancing if the proceeds 
are not used to finance the purchase of the property.
    (ii) Loans to finance the construction of a 1-4 family structure if 
the tract of land is already owned by the applicant/borrower.
    (iii) Assumptions or transfers.
    (c) Action required. (1) The information booklet entitled 
``Settlement Costs'' will either be given to the applicant at the time 
the completed application is received, or mailed to the applicant no 
later than three (3) business days after receipt of the application in 
the County Office.
    (i) Form RD 440-58, ``Estimate of Settlement Costs,'' is to be used 
to provide a ``good faith'' statement of estimated closing costs. Form 
RD 440-58 will be completed by the County Supervisor and mailed or 
delivered to the applicant with the Settlement Costs booklet. Costs will 
vary between geographic areas; therefore, information supplied on this 
form must be based upon (A) the County Supervisor's best estimate of 
charges the borrower will pay for each service in connection with the 
transaction, or (B) a range of charges at which such service is 
available to the borrower from all providers in the area.
    (ii) Form RD 440-58 does not replace Truth in Lending forms. 
Appropriate forms listed in Sec.  1940.401 will be used for Truth in 
Lending purposes.

[[Page 11]]

    (2) Form RD 1940-59, ``Settlement Statement,'' will be completed as 
indicated in the form and FMI by the designated attorney or title 
company for all transactions described in paragraph (b) of this section. 
The purpose of this form is to provide a uniform settlement statement 
prescribed by RESPA.
    (i) During the business day immediately preceding the date of 
settlement, the closing agent, if requested by the applicant, must 
permit the applicant to inspect the settlement statement, completed for 
those items which are then known to the closing agent.
    (ii) A copy will be given to both the borrower and seller at the 
time of closing or settlement or will be mailed as soon as practicable 
if the borrower or seller are not present at closing.

Subparts J-K [Reserved]



  Subpart L_Methodology and Formulas for Allocation of Loan and Grant 
                              Program Funds

    Source: 50 FR 24180, June 10, 1985, unless otherwise noted.



Sec.  1940.551  Purpose and general policy.

    (a) The purpose of this subpart is to set forth the methodology and 
formulas by which the Administrator for the Rural Business-Cooperative 
Service or the Administrator for the Rural Housing Service, as 
applicable, allocates program funds to the States. (The term State means 
any of the States of the United States, the Commonwealth of Puerto Rico, 
any territory or possession of the United States, or the Western Pacific 
Areas.) This subpart is inapplicable to Farm Service Agency, Farm Loan 
Programs.
    (b) The formulas in this subpart are used to allocate program loan 
and grant funds to State Offices so that the overall mission of the 
Agency can be carried out. Considerations used when developing the 
formulas include enabling legislation, congressional direction, and 
administration policies. Allocation formulas ensure that program 
resources are available on an equal basis to all eligible individuals 
and organizations.
    (c) The actual amounts of funds, as computed by the methodology and 
formulas contained herein, allocated to a State for a funding period are 
distributed to each State Office by an exhibit to this subpart. The 
exhibit is available for review in any Rural Development State Office. 
The exhibit also contains clarifications of allocation policies and 
provides further guidance to the State Directors on any suballocation 
within the State. Rural Development will publish a Notice of 
Availability of Rural Housing funds in the Federal Register each year.

[49 FR 3727, Jan. 30, 1984, as amended at 53 FR 26229, July 12, 1988; 55 
FR 29560, July 20, 1990; 56 FR 66960, Dec. 27, 1991; 72 FR 64122, Nov. 
15, 2007]



Sec.  1940.552  Definitions.

    (a) Amount available for allocation. Funds appropriated or otherwise 
made availiable to the Agency for use in authorized programs. On 
occasion, the allocation of funds to States may not be practical for a 
particular program due to funding or administrative constraints. In 
these cases, funds will be controlled by the National Office.
    (b) Basic formula criteria, data source and weight. Basic formulas 
are used to calculate a basic state factor as a part of the methodology 
for allocating funds to the States. The formulas take a number of 
criteria that reflect the funding needs for a particular program and 
through a normalization and weighting process for each of the criteria 
calculate the basic State Factor (SF). The data sources used for each 
criteria is believed to be the most current and reliable information 
that adequately quantifies the criterion. The weight, expressed as a 
percentage, gives a relative value to the importance of each of the 
criteria.
    (c) Basic formula allocation. The result of multiplying the amount 
available for allocation less the total of any amounts held in reserve 
or distributed by base or administrative allocation times the basic 
State factor for each State. The basic formula allocation (BFA) for an 
individual State is equal to:

BFA = (Amount available for allocation - NO reserve - Total base and 
          administrative allocations) x SF.


[[Page 12]]


    (d) Transition formula. A formula based on a proportional amount of 
previous year allocation used to maintain program continuity by 
preventing large fluctuations in individual State allocations. The 
transition formula limits allocation shifts to any particular State in 
the event of changes from year to year of the basic formula, the basic 
criteria, or the weights given the criteria. The transition formula 
first checks whether the current year's basic formula allocation is 
within the transition range (+ or -percentage points of the proportional 
amount of the previous year's BFA).


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


If the current year's State BFA is not within this transition range, the 
State formula allocation is changed to the amount of the transition 
range limit closest to the BFA amount. After having performed this 
transition adjustment for each State, the sum of the funds allocated to 
all States will differ from the amount of funds available for BFA. This 
difference, whether a positive or negative amount, is distributed to all 
States receiving a formula allocation by multiplying the difference by 
the SF. The end result is the transition formula allocation. The 
transition range will not exceed 40% (20%), but 
when a smaller range is used it will be stated in the individual program 
section.
    (e) Base allocation. An amount that may be allocated to each State 
dependent upon the particular program to provide the opportunity for 
funding at least one typical loan or grant in each Rural Development 
State, District, or County Office. The amount of the base allocation may 
be determined by criteria other than that used in the basic formula 
allocation such as agency historic data.
    (f) Administrative allocations. Allocations made by the 
Administrator in cases where basic formula criteria information is not 
available. This form of allocation may be used when the Administrator 
determines the program objectives cannot be adequately met with a 
formula allocation.
    (g) Reserve. An amount retained under the National Office control 
for each loan and grant program to provide flexibility in meeting 
situations of unexpected or justifiable need occurring during the fiscal 
year. The Administrator may make distributions from this reserve to any 
State when it determined necessary to meet a program need or agency 
objective. The Administrator may retain additional amounts to fund 
authorized demonstration programs. When such demonstration programs 
exist, the information is outlined in exhibit A of this subpart 
(available in any FmFA State Office).
    (h) Pooling of funds. A technique used to ensure that available 
funds are used in an effective, timely and efficient manner. At the time 
of pooling those funds within a State's allocation for the fiscal year 
or portion of the fiscal year, depending on the type of pooling, that 
have not been obligatedf by the State are placed in the National Office 
reserve. The Administrator will establish the pooling dates for each 
affected program.
    (1) Mid-year: This pooling addresses the need to partially 
redistribute funds based on use/demand. Mid-year pooling occurs near the 
midpoint of the fiscal year.
    (2) Year-end: This pooling is used to ensure maximum use of program 
funds on a national basis. Year-end pooling usually occurs near the 
first of August.
    (3) Emergency: The Administrator may pool funds at any time that it 
is determined the conditions upon which the initial allocation was based 
have

[[Page 13]]

changed to such a degree that it is necessary to pool funds in order to 
efficiently carry out the Agency mission.
    (i) Availability of the allocation. Program funds are made available 
to the Agency on a quarterly basis. In the high demand programs, it is 
necessary that specific instructions by given to the State Offices 
regarding the amount which is available for obligation during each 
quarter.
    (j) Suballocation by the State Director. Dependent upon the 
individual program for which funds are being allocated, the State 
Director may be directed or given the option of suballocating the State 
allocation to District or County Offices. When suballocating the State 
Director may retain a portion of the funds in a State Office reserve to 
provide flexibility in situations of unexpected or justified need. When 
performing a suballocation the State Director will use the same formula, 
criteria and weights as used by the National Office.
    (k) Other documentation. Additional instructions given to field 
offices regarding allocations.

[49 FR 3727, Jan. 30, 1984, as amended at 53 FR 26229, July 12, 1988]



Sec. Sec.  1940.553-1940.559  [Reserved]



Sec.  1940.560  Guarantee Rural Rental Housing Program.

    When funding levels are under $100,000,000, all funds will be held 
in a National Office reserve and made available administratively in 
accordance with the Notice of Funding Availability (NOFA) and program 
regulations. When program levels are sufficient for a nationwide 
program, funds are allocated based upon the following criteria and 
weights.
    (a) Amount available for allocations. See Sec.  1940.552(a) of this 
subpart.
    (b) Basic formula criteria, data source and weight. See Sec.  
1940.552(b) of this subpart .
    Each factor will receive a weight respectively of 40%, 40% and 20%. 
The criteria used in the basic formula are:
    (1) State's percentage of National rural population,
    (2) State's percentage of the National number of rural households 
between 50 and 115 percent of the area median income, and
    (3) State's percentage of National average cost per unit. The data 
source for the criterion specified in paragraph (b)(1) of this section 
is the most recent decennial Census of the United States (decennial 
Census). The data source for the criterion specified in paragraph (b)(2) 
of this section is 5-year income data from the American Community Survey 
(ACS) or, if needed, other Census Bureau data. The data source for the 
criterion specified in paragraph (b)(3) of this section is the cost per 
unit data using the applicable maximum per unit dollar amount 
limitations under section 207(c) of the National Housing Act, which can 
be obtained from the Department of Housing and Urban Development. The 
percentage representing each criterion is multiplied by the weight 
assigned and totaled to arrive at a State factor.
    State Factor = (criterion No. 1 x weight of 40%) + (criterion No. 1 
x weight of 40%) + (criterion No. 1 x weight of 20%)

    (c) Basic formula allocation. See Sec.  1940.552(c).
    (d) Transition formula. See Sec.  1940.552(d).
    (e) Base allocation. See Sec.  1940.552(e). Jurisdictions receiving 
administrative allocations do not receive base allocations.
    (f) Administrative allocations. See Sec.  1940.552(f). Jurisdictions 
receiving formula allocations do not receive administrative allocations.
    (g) Reserve. See Sec.  1940.552(g).
    (h) Pooling of funds. See Sec.  1940.552(h).
    (i) Availability of the allocation. See Sec.  1940.552(i).
    (j) Suballocation by the State Director. See Sec.  1940.552(j).
    (k) Other documentation. Not applicable.

[63 FR 39458, July 22, 1998, as amended at 80 FR 9876, Feb. 24, 2015]



Sec. Sec.  1940.561-1940.562  [Reserved]



Sec.  1940.563  Section 502 non-subsidized guaranteed Rural Housing (RH) loans.

    (a) Amount available for allocations. See Sec.  1940.552(a) of this 
subpart.

[[Page 14]]

    (b) Basic formula criteria, data source and weight. See Sec.  
1940.552 (b) of this subpart. The criteria used in the basic formula 
are:
    (1) State's percentage of the National number of rural occupied 
substandard units,
    (2) State's percentage of the National rural population in places of 
less than 2,500 population,
    (3) State's percentage of the national number of rural households 
between 80 and 100 percent of the area median income, and
    (4) State's percentage of the national number of rural renter 
households paying more than 35 percent of income for rent. The data 
source for each criterion is specified in paragraph (b)(5) of this 
section. Each criterion is assigned a specific weight according to its 
relevance in determining need. The percentage representing each 
criterion is multiplied by the weight factor and summed to arrive at a 
basic State factor (SF) as follows:
    SF = (criterion 1 x weight of 30%) + (criterion 2 x weight of 10%) + 
(criterion 3 x weight of 30%) + (criterion 4 x weight of 30%)
    (5) The data source for the criteria specified in paragraphs (b)(1) 
and (b)(2) of this section is the most recent decennial Census. The data 
source for the criteria specified in paragraph (b)(3) and (b)(4) of this 
section is 5-year income data from the American Community Survey (ACS) 
or, if needed, other Census Bureau data.
    (c) Basic formula allocation. See Sec.  1940.552(c) of this subpart.
    (d) Transition formula. See Sec.  1940.552(d) of this subpart. The 
percentage range used for Section 502 guaranteed RH loans is plus or 
minus 15.
    (e) Base allocation. See Sec.  1940.552(e) of this subpart. 
Jurisdictions receiving administrative allocations do not receive base 
allocations.
    (f) Administrative allocations. See Sec.  1940.552(f) of this 
subpart. Jurisdictions receiving formula allocations do not receive 
administrative allocations.
    (g) Reserve. See Sec.  1940.552(g) of this subpart.
    (h) Pooling of funds. See Sec.  1940.552(h) of this subpart.
    (1) Mid-year: If used in a particular fiscal year, available funds 
unobligated as of the pooling date are pooled and redistributed based on 
the formula used to allocate funds initially.
    (2) Year-end: Pooled funds are placed in a National Office reserve 
and are available as determined administratively.
    (i) Availability of the allocation. See Sec.  1940.552(i) of this 
subpart.
    (j) Suballocation by the State Director. See Sec.  1940.552(j) of 
this subpart. Annually, the Administrator will advise State Director's 
whether or not suballocation within the State Office jurisdiction will 
be required for the guaranteed Housing program.
    (k) Other documentation. Not applicable.

[56 FR 10509, Mar. 13, 1991, as amended at 80 FR 9876, Feb. 24, 2015]



Sec.  1940.564  Section 502 subsidized guaranteed Rural Housing loans.

    (a) Amount available for allocations. See Sec.  1940.552(a) of this 
subpart.
    (b) Basic formula criteria, data source and weight. See Sec.  
1940.552(b) of this subpart. The criteria used in the basic formula are:
    (1) State's percentage of the National number of rural occupied 
substandard units,
    (2) State's percentage of the National rural population in places of 
less than 2,500 population,
    (3) State's percentage of the national number of rural households 
below 80 percent of the area median income, and
    (4) State's percentage of the national number of rural renter 
households paying more than 35 percent of income for rent. The data 
source for each criterion is specified in paragraph (b)(5) of this 
section. Each criterion is assigned a specific weight according to its 
relevance in determining need. The percentage representing each 
criterion is multiplied by the weight factor and summed to arrive at a 
basic State factor (SF) as follows:
    SF = (criterion 1 x weight of 30%) + (criterion 2 x weight of 10%) + 
(criterion 3 x weight of 30%) + (criterion 4 x weight of 30%)
    (5) The data source for the criteria specified in paragraphs (b)(1), 
(b)(2), and (b)(4) of this section is the most recent decennial Census. 
The data source for the criterion specified in paragraph

[[Page 15]]

(b)(3) of this section is 5-year income data from the American Community 
Survey (ACS) or, if needed, other Census Bureau data.
    (c) Basic formula allocation. See Sec.  1940.552(c) of this subpart.
    (d) Transition formula. See Sec.  1940.552(d) of this subpart. The 
percentage range used for section 502 guaranteed RH loans is plus or 
minus 15.
    (e) Base allocation. See Sec.  1940.552(e) of this subpart. 
Jurisdictions receiving administrative allocations do not receive base 
allocations.
    (f) Administration allocations. See Sec.  1940.552(f) of this 
subpart. Jurisdictions receiving formula allocations do not receive 
administrative allocations.
    (g) Reserve. See Sec.  1940.552(g) of this subpart.
    (h) Pooling of funds. See Sec.  1940.552(h) of this subpart.
    (1) Mid-year: If used in a particular fiscal year, available funds 
unobligated as of the pooling date are pooled and redistributed based on 
the formula used to allocate funds initially.
    (2) Year-end: Pooled funds are placed in a National Office reserve 
and are available as determined administratively.
    (i) Availability of the allocation. See Sec.  1940.552(i) of this 
subpart.
    (j) Suballocation by the State Director. See Sec.  1940.552(j) of 
this subpart. Annually, the Administrator will advise State Director's 
whether or not suballocation within the State Office jurisdiction will 
be required for the guaranteed Housing program.
    (k) Other documentation. Not applicable.

[56 FR 10509, Mar. 13, 1991, as amended at 80 FR 9877, Feb. 24, 2015]



Sec.  1940.565  Section 502 subsidized Rural Housing loans.

    (a) Amount available for allocations. See Sec.  1940.552(a) of this 
subpart.
    (b) Basic formula criteria, data source and weight. See Sec.  
1940.552(b) of this subpart. The criteria used in the basic formula are:
    (1) State's percentage of the National number of rural occupied 
substandard units,
    (2) State's percentage of the National rural population,
    (3) State's percentage of the National rural population in places of 
less than 2,500 population,
    (4) State's percentage of the National number of rural households 
between 50 and 80 percent of the area median income, and
    (5) State's percentage of the National number of rural households 
below 50 percent of the area median income.

Data source for each of these criteria is based on the latest census 
data available. Each criterion is assigned a specific weight according 
to its relevance in determining need. The percentage representing each 
criterion is multiplied by the weight factor and summed to arrive at a 
basic State factor (SF)

SF = (criterion 1 x weight of 25%) + (criterion 2 x weight of 10%) + 
(criterion 3 x weight of 15%) + (criterion 4 x weight of 30%) + 
(criterion 5 x weight of 20%)

    (c) Basic formula allocation. See Sec.  1940.552(c) of this subpart.
    (d) Transition formula. See Sec.  1940.552(d) of this subpart. The 
percentage range used for Section 502 subsidized RH loans is plus or 
minus 15.
    (e) Base allocation. See Sec.  1940.552(e) of this subpart. 
Jurisdictions receiving administrative allocations do not receive base 
allocations.
    (f) Administrative allocations. See Sec.  1940.552(f) of this 
subpart. Jurisdictions receiving formula allocations do not receive 
administrative allocations.
    (g) Reserve. See Sec.  1940.552(g) of this subpart.
    (h) Pooling of funds. See Sec.  1940.552(h) of this subpart.
    (1) Mid-year: If used in a particular fiscal year, available funds 
unobligated as of the pooling date are pooled and redistributed based on 
the formula used to allocate funds initially.
    (2) Year-end: Pooled funds are placed in a National Office reserve 
and are available as determined administratively.
    (i) Availability of the allocation. See Sec.  1940.552(i) of this 
subpart.
    (j) Suballocation by the State Director. See Sec.  1940.552(j) of 
this subpart. The State Director will suballocate funds to the District 
Offices and may, at his/her option, suballocate to the County Offices. 
The State Director will use the

[[Page 16]]

same basic formula criteria, data source and weight for suballocating 
funds within the State as used by the National Office in allocating to 
the States as described in Sec.  1940.565 (b) and (c) of this section. 
The suballocations to District or County Offices will not be reduced or 
restricted unless written approval is received from the National Office 
in response to a written request from the State Director. The State 
Director's request must include the reasons for the requested action 
(e.g., high housing inventory and/or high housing delinquency).
    (k) Other documentation. The percentage distribution of funds to the 
States by income levels is based on prevailing legislation.



Sec.  1940.566  Section 504 Housing Repair loans.

    (a) Amount available for allocations. See Sec.  1940.552(a) of this 
subpart.
    (b) Basic formula criteria, data source and weight. See Sec.  
1940.552(b). The criteria used in the basic formula are:
    (1) State's percentage of the National number of rural occupied 
substandard units, and
    (2) State's percentage of the National number of rural households 
below 50 percent of area median income. The data source for the first 
criterion is the most recent decennial Census data. The data source for 
the second criterion is 5-year income data from the American Community 
Survey (ACS) or, if needed, other Census Bureau data. Each criterion is 
assigned a specific weight according to its relevance in determining 
need. The percentage representing each criterion is multiplied by the 
weight factor and summed to arrive at a basic State factor (SF).
    SF = (criterion No. 1 x weight of 50%) + (criterion No. 2 x weight 
of 50%)
    (c) Basic formula allocation. See Sec.  1940.552(c) of this subpart.
    (d) Transition formula. See Sec.  1940.552(d) of this subpart. The 
percentage range used for section 504 Housing Repair Loans is plus or 
minus 15.
    (e) Base allocation. Not used.
    (f) Administrative allocations. See Sec.  1940.552(f) of this 
subpart. Jurisdictions receiving formula allocations do not receive 
administrative allocations.
    (g) Reserve. See Sec.  1940.552(g) of this subpart.
    (h) Pooling of funds. See Sec.  1940.552(h) of this subpart.
    (1) Mid-year: If used in a particular fiscal year, available funds 
unobligated as of the pooling date are pooled and redistributed based on 
the formula used to allocate funds initially.
    (2) Year-end: Pooled funds are placed in a National Office reserve 
and are available as determined administratively.
    (i) Availability of the allocation. See Sec.  1940.552(i) of this 
subpart.
    (j) Suballocation by the State Director. See Sec.  1940.552(j) of 
this subpart. At the option of the State Director, section 504 loan 
funds may be suballocated to the District Offices. When performing a 
suballocation, the State Director will use the same basic formula 
criteria, data source and weight for suballocating funds within the 
State as used by the National Office in allocating to the States as 
described in Sec.  1940.566 (b) and (c) of this section.
    (k) Other documentation. Not applicable.

[50 FR 24180, June 10, 1985, as amended at 80 FR 9877, Feb. 24, 2015]



Sec.  1940.567  Section 504 Housing Repair grants.

    (a) Amount available for allocations. See Sec.  1940.552(a) of this 
subpart.
    (b) Basic formula criteria, data source and weight. See Sec.  
1940.552(b) of this subpart. The criteria used in the basic formula are:
    (1) State's percentage of the National number of rural occupied 
substandard units,
    (2) State's percentage of the National rural population 62 years and 
older, and
    (3) State's percentage of the National number of rural households 
below 50 percent of area median income. The data source for the first 
two of these criteria is the most recent decennial Census data. The data 
source for the third criterion is the 5-year data from the American 
Community Survey (ACS) or, if needed, other Census Bureau data. Each 
criterion is assigned a specific weight according to its relevance in 
determining need. The percentage representing each criterion is

[[Page 17]]

multiplied by the weight factor and summed to arrive at a basic State 
factor (SF).
    SF = (criterion No. 1 x weight of 33 1/3%) + (criterion No. 2 x 
weight of 33 1/3%) + (criterion No. 3 x weight of 33 1/3%)
    (c) Basic formula allocation. See Sec.  1940.552(c) of this subpart.
    (d) Transition formula. See Sec.  1940.552(d) of this subpart. The 
percentage range used for section 504 Housing Repair grants is plus or 
minus 15.
    (e) Base allocation. Not used.
    (f) Administrative allocations. See Sec.  1940.552(f) of this 
subpart. Jurisdictions receiving formula allocations do not receive 
administrative allocations.
    (g) Reserve. See Sec.  1940.552(g) of this subpart.
    (h) Pooling of funds. See Sec.  1940.552(h) of this subpart.
    (1) Mid-year: If used in a particular fiscal year, available funds 
unobligated as of the pooling date are pooled and redistributed based on 
the formula used to allocate funds initially.
    (2) Year-end: Pooled funds are placed in a National Office reserve 
and are available as determined administratively.
    (i) Availability of the allocation. See Sec.  1940.552(i) of this 
subpart.
    (j) Suballocation by the State Director. See Sec.  1940.552(j) of 
this subpart. At the option of the State Director, section 504 grant 
funds may be suballocated to the District Offices. When performing a 
suballocation, the State Director will use the same basic formula 
criteria, data source and weight for suballocating funds within the 
State as used by the National Office in allocating to the States as 
described in Sec.  1940.567 (b) and (c) of this section.
    (k) Other documentation. Not applicable.

[50 FR 24180, June 10, 1985, as amended at 80 FR 9877, Feb. 24, 2015]



Sec.  1940.568  Single Family Housing programs appropriations not allocated by State.

    The following program funds are kept in a National Office reserve 
and are available as determined administratively:
    (a) Section 523 Self-Help Technical Assistance Grants.
    (b) Section 523 Land Development Fund.
    (c) Section 524 Rural Housing Site Loans.
    (d) Section 509 Compensation for Construction Defects.
    (e) Section 502 Nonsubsidized Funds.



Sec. Sec.  1940.569-1940.574  [Reserved]



Sec.  1940.575  Section 515 Rural Rental Housing (RRH) loans.

    (a) Amount available for allocations. See Sec.  1940.552(a) of this 
subpart.
    (b) Basic formula criteria, data source and weight. See Sec.  
1940.552(b) of this subpart.
    The criteria used in the basic formula area:
    (1) State's percentage of National rural population,
    (2) State's percentage of National number of rural occupied 
substandard units, and
    (3) State's percentage of National rural families with incomes below 
the poverty level. The data source for the first two of these criterion 
is the most recent decennial Census data. The data source for the third 
criterion is the 5-year data from the American Community Survey (ACS) 
or, if needed, other Census Bureau data. Each criterion is assigned a 
specific weight according to its relevance in determining need. The 
percentage representing each criterion is multiplied by the weight 
assigned and summed to arrive at a State factor (SF).
    SF = (criterion No. 1 x weight of 33 1/3%) + (criterion No. 2 x 
weight of 33 1/3%) + (criterion No. 3 x weight of 33 1/3%)
    (c) Basic formula allocation. See Sec.  1940.552(c) of this subpart.
    (d) Transition formula. See Sec.  1940.522(d) of this subpart.
    (e) Base allocation. See Sec.  1940.552(e) of this subpart. 
Jurisdictions receiving administrative allocations do not receive base 
allocations.
    (f) Administrative allocations. See Sec.  1940.552(f) of this 
subpart. Jurisdictions receiving formula allocations do not receive 
administrative allocations.
    (g) Reserve. See Sec.  1940.552(g) of this subpart.
    (h) Pooling of funds. See Sec.  1940.552(h) of this subpart.

[[Page 18]]

    (i) Availability of the allocation. See Sec.  1940.552(i) of this 
subpart.
    (j) Suballocation by the State Director. See Sec.  1940.552(j) of 
this subpart.
    (k) Other documentation. Not applicable.

[53 FR 26229, July 12, 1988, as amended at 80 FR 9877, Feb. 24, 2015]



Sec.  1940.576  Rental Assistance (RA) for new construction.

    (a) Amount available for allocations. See Sec.  1940.552(a) of this 
subpart.
    (b) Basic formula criteria, data source and weight. See Sec.  
1940.575(b) of this subpart.
    (c) Basic formula allocation. See Sec.  1940.552(c) of this subpart.
    (d) Transition formula. See Sec.  1940.552(d) of this subpart.
    (e) Base allocation. See Sec.  1940.552(e) of this subpart.
    (f) Administrative allocations. See Sec.  1940.552(f) of this 
subpart. Jurisdictions receiving formula allocations do not receive 
administrative allocations.
    (g) Reserve. See Sec.  1940.552(g) of this subpart.
    (h) Pooling of funds. See Sec.  1940.552(h) of this subpart.
    (i) Availability of the allocation. See Sec.  1940.552(i) of this 
subpart.
    (j) Suballocation by the State Director. See Sec.  1940.552(j) of 
this subpart.
    (k) Other documentation. Not applicable.

[53 FR 26229, July 12, 1988]



Sec.  1940.577  Rental Assistance (RA) for existing projects.

    (a) Amount available for allocations. See Sec.  1940.552(a) of this 
subpart. RA appropriated for existing projects will first be used to 
replace contracts expiring each fiscal year and for the first few months 
of the following fiscal year. This is done to assure continued RA 
funding. RA units not needed for replacement purposes will be used for 
existing multiple family housing projects experiencing servicing 
problems.
    (b) Basic formula criteria, data source and weight. No formula or 
weighted criteria is used to allocate replacement RA. The basic 
allocation for replacement RA will be made based on the following:
    (1) Criteria. This allocation is based on the estimated need to 
replace RA contracts expiring from the depletion of funds.
    (2) Date source. The most accurate and current information available 
from Rural Development computerized data sources.
    (c) Basic formula allocation. While no formula will be used, the 
basic allocation will be made to each State according to the need 
determined using the basic criteria.
    (d) Transition formula. Not applicable.
    (e) Base allocation. Not applicable.
    (f) Administrative allocation. Not applicable.
    (g) Reserve. See Sec.  1940.552(g) of this subpart. The National 
Office maintains a reserve adequate to compensate for the differences 
between actual and projected replacement activity. Units will be 
administratively distributed for existing housing to either satisfy 
previously unidentified replacement needs or address servicing 
situations. Units will be distributed to any State when the 
Administrator determines that additional allocations are necessary and 
appropriate.
    (h) Pooling of funds. See Sec.  1940.552(h) of this subpart. Units 
will be pooled at the Administrator's discretion.
    (i) Obligation of the allocation. See Sec.  1940.552(i) of this 
subpart.
    (j) Suballocation by the State Director. See Sec.  1940.552(j) of 
this subpart.
    (k) Other documentation. Not applicable.

[49 FR 3727, Jan. 30, 1984, as amended at 53 FR 26229, July 12, 1988]



Sec.  1940.578  Housing Preservation Grant (HPG) program.

    (a) Amount available for allocations. See Sec.  1940.552(a) of this 
subpart.
    (b) Basic formula criteria, data source and weight. See Sec.  
1940.575(b) of this subpart.
    (c) Basic formula allocation. See Sec.  1940.552(c) of this subpart.
    (d) Transition formula. See Sec.  1940.552(d) of this subpart.
    (e) Base allocation. See Sec.  1940.552(e) of this subpart.
    (f) Administrative allocations. See Sec.  1940.552(f) of this 
subpart.
    (g) Reserve. See Sec.  1940.552(g) of this subpart.
    (h) Pooling of funds. See Sec.  1940.552(h) of this subpart. Funds 
may be pooled

[[Page 19]]

after all HPG applications have been received and HPG fund demand by 
State has been determined. Pooled funds will be combined with the 
National Office reserve to fund eligible projects. Remaining HPG funds 
will be available for distribution for use under the Section 504 
program.
    (i) Availability of the allocation. See Sec.  1940.552(i) of this 
subpart.
    (j) Suballocation by the State Director. Not applicable.
    (k) Other documentation. Funds for the HPG program will be available 
for a limited period each fiscal year. Due to the requirements by law to 
allocate funds on a formula basis to all States and to have a 
competitive selection process for HPG project selection, Rural 
Development will announce opening and closing dates for receipt of HPG 
applications. After the closing date, Rural Development will review and 
evaluate the proposals, adjust State allocations as necessary to comply 
with the law and program demand, and redistribute remaining unused HPG 
resources for use under Section 504 (as required by statute).

[53 FR 26229, July 12, 1988]



Sec.  1940.579  Multiple Family Housing appropriations not allocated by State.

    Funds are not allocated to States. The following program funds are 
kept in a National Office reserve and are available as determined 
administratively:
    (a) Section 514 Farm Labor Housing Loans.
    (b) Section 516 Farm Labor Housing Grants.

[64 FR 24480, May 6, 1999]



Sec. Sec.  1940.580-1940.584  [Reserved]



Sec.  1940.585  Community Facility loans.

    (a) Amount available for allocations. See Sec.  1940.552(a) of this 
subpart.
    (b) Basic formula criteria, data source and weight. See Sec.  
1940.552(b) of this subpart.
    (1) The criteria used in the basic formula are:
    (i) State's percentage of national rural population--50 percent.
    (ii) State's percentage of national rural population with incomes 
below the poverty level--25 percent.
    (iii) State's percentage of national nonmetropolitan unemployment--
25 percent.
    (2) The data source for the first criterion is the most recent 
decennial Census data. The data source for the second criterion is the 
5-year data from the American Community Survey (ACS) or, if needed, 
other Census Bureau data. The data source for the third criterion is the 
most recent Bureau of Labor Statistics data. Each criterion is assigned 
a specific weight according to its relevance in determining need. The 
percentage representing each criterion is multiplied by the weight 
factor and summed to arrive at a State factor (SF). The SF cannot exceed 
0.05.
    SF = (criterion (b)(1)(i) x 50 percent) + (criterion (b)(1)(ii) x 25 
percent) + (criterion (b)(1)(iii) x 25 percent)
    (c) Basic formula allocation. See Sec.  1940.552(c) of this subpart. 
States receiving administrative allocations do not receive formula 
allocations.
    (d) Transition formula. See Sec.  1940.552(d) of this subpart. The 
percentage range for the transition formula equals 30 percent (15%).
    (e) Base allocation. See Sec.  1940.552(e) of this subpart. States 
receiving administrative allocations do not receive base allocations.
    (f) Administrative allocation. See Sec.  1940.552(f) of this 
subpart. States participating in the formula base allocation procedures 
do not receive administrative allocations.
    (g) Reserve. See Sec.  1940.552(g) of this subpart. States may 
request funds by forwarding a completed copy of guide 26 of subpart A of 
part 1942 of this chapter (available in any Rural Development office), 
to the National Office. Generally, a request for additional funds will 
not be honored unless the State has insufficient funds to obligate the 
loan requested.
    (h) Pooling of funds. See Sec.  1940.552(h) of this subpart. Funds 
are generally pooled at mid-year and year-end. Pooled funds will be 
placed in the National Office reserve and will be made available 
administratively.
    (i) Availability of the allocation. See Sec.  1940.552(i) of this 
subpart. The allocation of funds is made available for States to 
obligate on an annual basis although the Office of Management and

[[Page 20]]

Budget apportions it to the Agency on a quarterly basis.
    (j) Suballocation by the State Director. See Sec.  1940.552(j) of 
this subpart. State Director has the option to suballocate to District 
Offices.
    (k) Other documentation. Not applicable.

[50 FR 24180, June 10, 1985, as amended at 58 FR 54485, Oct. 22, 1993; 
80 FR 9877, Feb. 24, 2015]



Sec. Sec.  1940.586-1940.587  [Reserved]



Sec.  1940.588  Business and Industry Guaranteed and Direct Loans, Rural
Business Development Grants, and Intermediary Relending Program.

    The Agency will allocate funds to the States each Federal fiscal 
year for the programs identified in this section using the procedures 
specified in paragraph (a) of this section. If the Agency determines 
that it will not allocate funds to the States for a program identified 
in this section in a particular Federal fiscal year, the Agency will 
announce this decision in a notice published in the Federal Register. 
The conditions under which the Agency will not allocate a program's 
funds to the States are identified in paragraph (b) of this section.
    (a) Procedures for allocating funds to the States. Each Federal 
fiscal year, the Agency will use the amount available to the program and 
the procedures identified in paragraphs (a)(2) through (10) of this 
section to determine the amount of program funds to allocate to each of 
the States. The Agency will make the allocation calculation each Federal 
fiscal year.
    (1) Amount available for allocations. See Sec.  1940.552(a) of this 
subpart.
    (2) Basic formula criteria, data source and weight. See Sec.  
1940.552(b) of this subpart.
    (i) The criteria used in the basic formula are:
    (A) State's percentage of national rural population.
    (B) State's percentage of national rural population with incomes 
below the poverty level.
    (C) State's percentage of national nonmetropolitan unemployment.
    (ii) The data sources for each of the criteria identified in 
paragraph (a) of this section are:
    (A) For the criterion specified in paragraph (a)(2)(i)(A), the most 
recent decennial Census data.
    (B) For the criterion specified in paragraph (a)(2)(i)(B), 5-year 
income data from the American Community Survey (ACS) or, if needed, 
other Census Bureau data.
    (C) For the criterion specified in paragraph (a)(2)(i)(C), the most 
recent Bureau of Labor Statistics data.
    (iii) Each criterion is assigned a specific weight factor according 
to its relevance in determining need. The percentage representing each 
criterion is multiplied by the weight factor and summed to arrive at 
State Factor (SF). The SF cannot exceed 0.05. The Agency may elect to 
use different weight factors than those identified in this paragraph by 
publishing a timely notice in the Federal Register.

SF = (criterion (a)(2)(i)(A) x 25 percent) + (criterion (a)(2)(i)(B) x 
50 percent) + (criterion (a)(2)(i)(C) x 25 percent)

    (iv) The Agency will recalculate, as necessary, each criterion 
specified in paragraph (a)(2)(i) of this section each year. In making 
these recalculations, the Agency will use the most recent data available 
to the Agency as of October 1 of the fiscal year for which the Agency is 
making State allocations. Each criterion's value determined at the 
beginning of a fiscal year for a program will be used for that entire 
fiscal year, regardless of when that fiscal year's funding becomes 
available for the program.
    (3) Basic formula allocation. See Sec.  1940.552(c) of this subpart.
    (4) Transition formula. The transition provisions specified in Sec.  
1940.552(d) of this subpart apply to the programs identified in this 
section except as follows:
    (i) The transition formula will be used only when the weight factors 
identified in paragraph (a)(2)(iii) of this section are modified; and
    (ii) When the transition formula is used, there will be no upper 
limitation on the amount that a State's allocation can increase over its 
previous year's allocation and the maximum

[[Page 21]]

percentage that funding will be allowed to decrease for a State will be 
10 percent from its previous year's allocation.
    (5) Base allocations. See Sec.  1940.552(e) of this subpart.
    (6) Administrative allocations. See Sec.  1940.552(f) of this 
subpart. Jurisdictions receiving formula allocations do not receive 
administrative allocations.
    (7) Reserve. See Sec.  1940.552(g) of this subpart.
    (8) Pooling of funds. See Sec.  1940.552(h) of this subpart.
    (9) Availability of allocation. See Sec.  1940.552(i) of this 
subpart.
    (10) Suballocation by the State Director. Suballocation by the State 
Director is authorized for each program covered by this section.
    (b) Conditions for not allocating program funds to the States. The 
Agency may elect to not allocate program funds to the States whenever 
one of the conditions identified in paragraphs (b)(1) or (b)(2) of this 
section occurs.
    (1) Funds allocated in a fiscal year to a program identified in this 
section are insufficient, as provided for in Sec.  1940.552(a) of this 
subpart.
    (2) The Agency determines that it is in the best financial interest 
of the Federal Government not to make a State allocation for any program 
identified in this section and that the exercise of this determination 
is not in conflict with applicable law.

[79 FR 56218, Sept. 19, 2014]

    Editorial Note: At 79 FR 55967, September 18, 2014, Sec.  1940.588 
was amended by revising paragraph (i); however, paragraph (i) was not 
found in the section.



Sec.  1940.589  Rural Energy for America Program.

    The Agency will allocate funds to the States each Federal fiscal 
year for renewable energy system and energy efficiency improvement 
projects under the Rural Energy for America Program (REAP) using the 
procedures specified in paragraph (a) of this section. If the Agency 
determines that it will not allocate funds to the States for REAP in a 
particular Federal fiscal year, the Agency will announce this decision 
in a notice published in the Federal Register. The conditions under 
which the Agency will not allocate the program's funds to the States are 
identified in paragraph (b) of this section.
    (a) Procedures for allocating funds to the States. Each Federal 
fiscal year, the Agency will use the amount available to the program and 
the procedures identified in paragraphs (a)(2) through (10) of this 
section to determine the amount of program funds to allocate to each of 
the States. The Agency will make this calculation each Federal fiscal 
year.
    (1) Amount available for allocations. See Sec.  1940.552(a) of this 
subpart.
    (2) Basic formula criteria, data source, and weight. See Sec.  
1940.552(b) of this subpart.
    (i) The criteria used in the basic formula are:
    (A) State's percentage of national rural population.
    (B) State's percentage of national rural population with incomes 
below the poverty level.
    (C) State's percentage of energy cost.
    (ii) The data sources for each of the criteria identified in 
paragraph (a)(2)(i) of this section are:
    (A) For the criterion specified in paragraph (a)(2)(i)(A), the most 
recent decennial Census data.
    (B) For the criterion specified in paragraph (a)(2)(i)(B), 5-year 
income data from the American Community Survey (ACS) or, if needed, 
other Census Bureau data.
    (C) For the criterion specified in paragraph (a)(2)(i)(C), the most 
recent U.S. Energy Information Administration data.
    (iii) Each criterion is assigned a specific weight factor according 
to its relevance in determining need. The percentage representing each 
criterion is multiplied by the weight factor and summed to arrive at 
State Factor (SF). The SF cannot exceed 0.05. The Agency may elect to 
use different weight factors than those identified in this paragraph by 
publishing a timely notice in the Federal Register.

SF = (criterion (a)(2)(i)(A) x 25 percent) + (criterion (a)(2)(i)(B) x 
50 percent) + (criterion (a)(2)(i)(C) x 25 percent)

    (iv) The Agency will recalculate, as necessary, each criterion 
specified in paragraph (a)(2)(i) of this section each year. In making 
these recalculations, the Agency will use the most recent

[[Page 22]]

data available to the Agency as of October 1 of the fiscal year for 
which the Agency is making State allocations. Each criterion's value 
determined at the beginning of a fiscal year for a program will be used 
for that entire fiscal year, regardless of when that fiscal year's 
funding becomes available for the program.
    (3) Basic formula allocation. See Sec.  1940.552(c) of this subpart.
    (4) Transition formula. The transition provisions specified in Sec.  
1940.552(d) of this subpart apply to the program(s) identified in this 
section except as follows:
    (i) The transition formula will be used only when the weight factors 
identified in paragraph (a)(2)(iii) of this section are modified; and
    (ii) When the transition formula is used, there will be no upper 
limitation on the amount that a State's allocation can increase over its 
previous year's allocation and the maximum percentage that funding will 
be allowed to decrease for a State will be 10 percent from its previous 
year's allocation.
    (5) Base allocations. See Sec.  1940.552(e) of this subpart.
    (6) Administrative allocations. See Sec.  1940.552(f) of this 
subpart. Jurisdictions receiving formula allocations do not receive 
initial administrative allocations.
    (7) Reserve. See Sec.  1940.552(g) of this subpart.
    (8) Pooling of funds. See Sec.  1940.552(h) of this subpart.
    (9) Availability of the allocation. See Sec.  1940.552(i) of this 
subpart.
    (10) Suballocation by the State Director. Suballocation by the State 
Director is authorized for this program.
    (b) Conditions for not allocating program funds to the States. The 
Agency may elect to not allocate REAP program funds to the States 
whenever one of the conditions identified in paragraphs (b)(1) or (b)(2) 
of this section occurs.
    (1) Funds allocated in a fiscal year to REAP are insufficient, as 
provided for in Sec.  1940.552(a) of this subpart.
    (2) The Agency determines that it is in the best financial interest 
of the Federal Government not to make a State allocation for REAP and 
that the exercise of this determination is not in conflict with 
applicable law.

[79 FR 56219, Sept. 19, 2014]



Sec.  1940.590  [Reserved]



Sec.  1940.591  Community Program Guaranteed loans.

    (a) Amount available for allocations. See Sec.  1940.552(a) of this 
subpart.
    (b) Basic formula criteria, data source and weight. See Sec.  
1940.552(b) of this subpart.
    (1) The criteria used in the basic formula are:
    (i) State's percentage of national rural population--50 percent.
    (ii) State's percentage of national rural population with incomes 
below the poverty level--25 percent.
    (iii) State's percentage of national nonmetropolitan unemployment--
25 percent.
    (2) The data source for the first criterion is the most recent 
decennial Census data. The data source for the second criterion is the 
5-year data from the American Community Survey (ACS) or, if needed, 
other Census Bureau data. The data source for the third criterion is the 
most recent Bureau of Labor Statistics data. Each criterion is assigned 
a specific weight according to its relevance in determining need. The 
percentage representing each criterion is multiplied by the weight 
factor and summed to arrive at a State factor (SF). The SF cannot exceed 
0.05.
    SF = (criterion (b)(1)(i) x 50 percent) + (criterion (b)(1)(ii) x 25 
percent) + (criterion (b)(1)(iii) x 25 percent)
    (c) Basic formula allocation. See Sec.  1940.552(c) of this subpart. 
States receiving administrative allocations do not receive formula 
allocations.
    (d) Transition formula. The transition formula for Community Program 
Guaranteed loans is not used.
    (e) Base allocation. See Sec.  1940.552(e) of this subpart. States 
receiving administrative allocations do not receive base allocations.
    (f) Administrative allocation. See 1940.552(f) of this subpart. 
States participating in the formula base allocation procedures do not 
receive administrative allocations.
    (g) Reserve. See Sec.  1940.522(g) of this subpart. States may 
request funds by

[[Page 23]]

forwarding a request following the format found in guide 26 of subpart A 
of part 1942 of this chapter to the National Office. Generally, a 
request for additional funds will not be honored unless the State has 
insufficient funds from the State's allocation to obligate the loan 
requested.
    (h) Pooling of funds. See Sec.  1940.522(h) of this subpart. Funds 
are generally pooled at mid-year and year-end. Pooled funds will be 
placed in the National Office reserve and will be made available 
administratively.
    (i) Availability of the allocation. See Sec.  1940.552(i) of this 
subpart. The allocation of funds is made available for States to 
obligate on an annual basis although the Office of Management and Budget 
apportions it to the Agency on a quarterly basis.
    (j) Suballocation by State Director. See Sec.  1940.552(j) of this 
subpart. State Director has the option to suballocate to District 
Offices.
    (k) Other documentation. Not applicable.

[55 FR 11134, Mar. 27, 1990, as amended at 58 FR 54486, Oct. 22, 1993; 
80 FR 9877, Feb. 24, 2015]



Sec.  1940.592  Community facilities grants.

    (a) Amount available for allocations. See Sec.  1940.552(a).
    (b) Basic formula criteria, data source, and weight. See Sec.  
1940.552(b).
    (1) The criteria used in the basic formula are:
    (i) State's percentage of National rural population--50 percent.
    (ii) State's percentage of National rural population with income 
below the poverty level--50 percent.
    (2) The data source for the first criterion is the most recent 
decennial Census data. The data source for the second criterion is the 
5-year data from the American Community Survey (ACS) or, if needed, 
other Census Bureau data. Each criterion is assigned a specific weight 
according to its relevance in determining need. The percentage 
representing each criterion is multiplied by the weight factor and 
summed to arrive at a State factor (SF).
    SF (criterion (b)(1)(i) x 50 percent) + (criterion (b)(1)(ii) x 50 
percent)
    (c) Basic formula allocation. See Sec.  1940.552(c). States 
receiving administrative allocations do not receive formula allocations.
    (d) Transition formula. The transition formula for Community 
Facilities Grants is not used.
    (e) Base allocation. See Sec.  1940.552(e). States receiving 
administrative allocations do not receive base allocations.
    (f) Administrative allocation. See Sec.  1940.552(f). States 
participating in the formula base allocation procedures do not receive 
administrative allocations.
    (g) Reserve. See Sec.  1940.552(g).
    (h) Pooling of funds. See Sec.  1940.522(h). Funds will be pooled at 
midyear and yearend. Pooled funds will be placed in the National Office 
reserve and will be made available administratively.
    (i) Availability of the allocation. See Sec.  1940.552(i).
    (j) Suballocation by State Director. See Sec.  1940.552(j).
    (k) Other documentation. Not applicable.

[62 FR 16468, Apr. 7, 1997, as amended at 80 FR 9877, Feb. 24, 2015]



Sec.  1940.593  Other Rural Business-Cooperative Service programs.

    If the Agency determines that it is in the best interest of the 
Federal government to allocate funds to States for existing RBS programs 
other than those identified in Sec. Sec.  1940.588 and 1940.589 of this 
subpart and for programs new to RBS (e.g., through new legislation), the 
Agency will use the process identified in paragraph (a) or (b) of this 
section.
    (a) If the Agency determines that one of the State allocation 
procedures in Sec.  1940.588 and Sec.  1940.589 is appropriate for the 
program, the Agency will publish a Federal Register notice identifying 
the program and which State allocation procedure will be used for the 
program.
    (b) If the Agency determines that none of the procedures specified 
in Sec.  1940.588 and Sec.  1940.589 is appropriate for the program, the 
Agency will implement the following steps:
    (1) The Agency will either develop a preliminary state allocation 
formula and administrative procedures specific to the requirements of 
the new program or use whichever of the procedures in Sec.  1940.588 and 
Sec.  1940.589 the

[[Page 24]]

Agency determines most closely matches the purpose of the program. The 
Agency will publish in the Federal Register the State allocation formula 
and adminstrative procedures that it will use initially for the new 
program.
    (2) The Agency will develop a State allocation formula and 
administrative provisions specific to the new program and publish them 
as a proposed rule change to this part in the Federal Register for 
public comment.
    (3) Until the program's State allocation formula and administrative 
requirements are finalized, the Agency will use the preliminary State 
allocation formula established under paragraph (b)(1) of this section to 
make State allocations and administer the new program.

[79 FR 56220, Sept. 19, 2014]



Sec. Sec.  1940.594-1940.600  [Reserved]



           Sec. Exhibit A to Subpart L of Part 1940 [Reserved]



  Sec. Exhibit B to Subpart L of Part 1940--Section 515 Nonprofit Set 
                              Aside (NPSA)

    I. Objective: To provide eligible nonprofit entities with a 
reasonable opportunity to utilize section 515 funds.
    II. Background: The Cranston-Gonzalez National Affordable Housing 
Act of 1990 established the statutory authority for the section 515 NPSA 
funds.
    III. Eligible entities. Amounts set aside shall be available only 
for nonprofit entities in the State, which may not be wholly or 
partially owned or controlled by a for-profit entity. An eligible entity 
may include a partnership, including a limited partnership, that has as 
its general partner a nonprofit entity or the nonprofit entity's for-
profit subsidiary which will be receiving low-income housing tax credits 
authorized under section 42 of the Internal Revenue Code of 1986. For 
the purposes of this exhibit, a nonprofit entity is an organization 
that:
    A. Will own an interest in a project to be financed under this 
section and will materially participate in the development and the 
operations of the project; and
    B. Is a private organization that has nonprofit, tax exempt status 
under section 501(c)(3) or section 501(c)(4) of the Internal Revenue 
Code of 1986; and
    C. Has among its purposes the planning, development, or management 
of low-income housing or community development projects; and
    D. Is not affiliated with or controlled by a for-profit 
organization; and
    E. May be a consumer cooperative, Indian tribe or tribal housing 
authority.
    IV. Nondiscrimination. Rural Development reemphasizes the 
nondiscrimination in use and occupancy and location requirements of 7 
CFR 3560.104.
    V. Amount of Set Aside. See Attachment 1 of this exhibit (available 
in any FmHA or its successor agency under Public Law 103-354 State 
Office):
    A. Small State Allocation Set Aside (SSASA). The allocation for 
small States has been reserved and combined to form the SSASA, as shown 
in Attachment 1 of this exhibit (available in any FmHA or its successor 
agency under Public Law 103-354 State Office). The definition of small 
State is included in Attachment 1 of this exhibit (available in any FmHA 
or its successor agency under Public Law 103-354 State Office).
    B. Large State Allocation Set Aside (LSASA). The allocation for 
large States has been reserved in the amounts shown in Attachment 1 of 
this exhibit (available in any FmHA or its successor agency under Public 
Law 103-354 State Office). The definition of large State is included in 
Attachment 1 of this exhibit (available in any FmHA or its successor 
agency under Public Law 103-354 State Office).
    C. NPSA Rental Assistance (RA). NPSA RA has been reserved in the 
National Office as shown in Attachment 1 of this exhibit (available in 
any FmHA or its successor agency under Public Law 103-354 State Office).
    VI. Access to NPSA funds and RA. RA is available and may be 
requested, as needed, with eligible loan requests. NPSA funds and RA 
should be requested by the State Director using a format similar to 
Attachment 2 of this exhibit (available in any FmHA or its successor 
agency under Public Law 103-354 State Office). Funds are available as 
follows:
    A. SSASA: The SSASA is available to any SSASA State on a first-come-
first-served basis until pooling. See Attachment 3 of this exhibit 
(available in any FmHA or its successor agency under Public Law 103-354 
State Office) for information regarding pooling.
    B. LSASA: LSASA states may request LSASA funds up to the amount the 
state contributed to LSASA until pooling. See Attachment 3 of this 
exhibit (available in any FmHA or its successor agency under Public Law 
103-354 State Office) for information regarding pooling.
    VII. General Information on priority/processing of Preapplications.
    A. Preapplications/applications for assistance from eligible 
nonprofit entities under this subpart must continue to meet all loan 
making requirements of 7 CFR part 3560, subpart B.

[[Page 25]]

    B. A separate processing list will be maintained for NPSA loan 
requests.
    C. The State Director may issue Form AD-622, ``Notice of 
Preapplication Review Action'', requesting a formal application to the 
highest ranking preapplication(s) from eligible nonprofit entities 
defined in paragraph III of this exhibit as follows:
    1. LSASA. In LSASA States, AD-622s may not exceed 150 percent of the 
amount the State contributed to the LSASA. No single Form AD-622 may 
exceed the amount of funds the State contributed to LSASA.
    2. SSASA. In SSASA States, AD-622s should not exceed the greater of 
$750,000 or 150 percent of the amount the State contributed to the 
SSASA; except that the State Director in a SSASA State may request 
authorization to issue a Form AD-622, in an amount in excess of $750,000 
if additional funds are necessary to finance an average-size proposal 
based upon average construction costs in the state. For example, if the 
average size proposal currently being funded in the state is 24 units, 
and the average construction cost in the state is $35,000 per unit, the 
state may request authorization to issue an AD-622 for $840,000. The 
State Director will submit such requests to the National Office 
including data reflecting average size/cost projects in the State. No 
single Form AD-622 may exceed the amount of funds the State may receive 
from SSASA.
    D. All AD-622s issued for proposals to be funded from NPSA will be 
subject to the availability of NPSA funds. Form AD-622 should contain 
the following or similar language: ``This Form AD-622 is issued subject 
to the availability of Nonprofit Set-Aside (NPSA) funds.''
    E. If a preapplication requesting NPSA funds has sufficient priority 
points to compete with non-NPSA loan requests based upon the District or 
State allocation (as applicable), the preapplication will be maintained 
on both the NPSA and non-NPSA rating/ranking lists.
    F. Provisions for providing preference to loan requests from 
nonprofit organizations is contained in 7 CFR 3560.56. Limited 
partnerships, with a nonprofit general partner, do not qualify for 
nonprofit preference.
    VIII. Exception authority. The Administrator, or his/her designee, 
may, in individual cases, make an exception to any requirements of this 
exhibit which are not inconsistent with the authorizing statute, if he/
she finds that application of such requirement would adversely affect 
the interest of the Government or adversely affect the intent of the 
authorizing statute and/or Rural Rental Housing program or result in an 
undue hardship by applying the requirement. The Administrator, or his/
her designee, may exercise this authority upon the request of the State 
Director, Assistant Administrator for Housing, or Director of the Multi-
Family Housing Processing Division. The request must be supported by 
information that demonstrates the adverse impact or effect on the 
program. The Administrator, or his/her designee, also reserves the right 
to change pooling dates, establish/change minimum and maximum fund usage 
from NPSA, or restrict participation in the set aside.

[58 FR 38950, July 21, 1993, as amended at 69 FR 69104, Nov. 26, 2004]



 Sec. Exhibit C to Subpart L of Part 1940--Housing in Underserved Areas

                              I. Objective

    A. To improve the quality of affordable housing by targeting funds 
under Rural Housing Targeting Set Aside (RHTSA) to designated areas that 
have extremely high concentrations of poverty and substandard housing 
and have severe, unmet rural housing needs.
    B. To provide for the eligibility of certain colonias for rural 
housing funds.

                             II. Background

    The Cranston-Gonzalez National Affordable Housing Act of 1990 
(herein referred to as the ``Act'') requires that Farmers Home 
Administration (FmHA) or its successor agency under Public Law 103-354 
set aside section 502, 504, 514, 515, and 524 funds for assistance in 
targeted, underserved areas. An appropriate amount of section 521 new 
construction rental assistance (RA) is set aside for use with section 
514 and 515 loan programs. Under the Act, certain colonias are now 
eligible for FmHA or its successor agency under Public Law 103-354 
housing assistance.

                              III. Colonias

    A. Colonia is defined as any identifiable community that:
    1. Is in the State of Arizona, California, New Mexico or Texas;
    2. Is in the area of the United States within 150 miles of the 
border between the United States and Mexico, except that the term does 
not include any standard metropolitan statistical area that has a 
population exceeding 1 million;
    3. Is designated by the State or county in which it is located as a 
colonia;
    4. Is determined to be a colonia on the basis of objective criteria, 
including lack of potable water supply, lack of adequate sewage systems, 
and lack of decent, safe, and sanitary housing; and
    5. Was in existence and generally recognized as a colonia before 
November 28, 1990.
    B. Requests for housing assistance in colonias have priority as 
follows:

[[Page 26]]

    1. When the State did not obligate its allocation in one or more of 
its housing programs during the previous 2 fiscal years (FYs), priority 
will be given to requests for assistance, in the affected program(s), 
from regularly allocated funds, until an amount equal to 5 percent of 
the current FY program(s) allocation is obligated in colonias. This 
priority takes precedence over other processing priority methods.
    2. When the State did obligate its allocation in one or more of its 
housing programs during the previous 2 FYs, priority will be given to 
requests for assistance, in the affected program(s), from RHTSA funds, 
until an amount equal to 5 percent of the current FY program(s) 
allocation is obligated in colonias. This priority takes precedence over 
other processing priority methods.
    C. Colonias may access pooled RHTSA funds as provided in paragraph 
IV G of this exhibit.

                                IV. RHTSA

    A. Amount of Set Aside. Set asides for RHTSA, from the current FY 
allocations, are established in attachment 1 of this exhibit (available 
in any FmHA or its successor agency under Public Law 103-354 State 
Office).
    B. Selection of Targeted Counties--1. Eligibility. Eligible counties 
met the following criteria: (1) 20 percent or more of the county 
population is at, or below, poverty level; (2) 10 percent or more of the 
occupied housing units are substandard; and (3) the average funds 
received on a per capita basis in the county, during the previous 5 FYs, 
were more than 40 percent below the State per capita average during the 
same period. Data from the most recent available Census was used for all 
three criteria, with criteria (2) and (3) based on the FmHA or its 
successor agency under Public Law 103-354 rural area definition.
    2. Selection. The Act requires that 100 of the most underserved 
counties be initially targeted for RHTSA funds. In establishing the 100 
counties, those with 28 percent or more of their population at, or 
below, poverty level and 13 percent or more of their occupied housing 
units substandard, have preference. If less than 100 counties meet this 
criteria, the remaining counties meeting the criteria in paragraph IV B 
1 of this exhibit will be ranked, based upon a total of their 
substandard housing and poverty level percentages. The highest-ranking 
counties are then selected until the list reaches 100. The remaining 
counties are eligible for pool funds only.
    C. State RHTSA Levels. In the section 502, 504, and 515 programs, 
each State's RHTSA level will be based on its number of eligible 
counties, with each county receiving a pro rata share of the total funds 
available. In order to ensure that a meaningful amount of assistance is 
available to each State, minimum funding levels may be established. When 
minimum levels are established, they are set forth on Attachment 1 of 
this exhibit (available in any FmHA or its successor agency under Public 
Law 103-354 State Office).
    D. Use of Funds. To maximize the assistance to targeted counties, 
allocated program funds should be used in addition to RHTSA funds, where 
possible. The State Director has the discretion to determine the most 
effective delivery of RHTSA funds among the targeted counties within 
his/her jurisdiction. The 100 counties listed in attachment 2 of this 
exhibit (available in any FmHA or its successor agency under Public Law 
103-354 State Office) are eligible for RHTSA funding consideration 
immediately. Colonias are also eligible for RHTSA funds as described in 
paragraph III of this exhibit.
    E. National Office RHTSA Reserve. A limited National Office reserve 
is available on an individual case basis when the State is unable to 
fund a request from its regular or RHTSA allocation. The amount of the 
reserve, and the date it can be accessed and any conditions thereof, if 
applicable, are contained in attachment 1 of this exhibit (available in 
any FmHA or its successor agency under Public Law 103-354 State Office).
    F. Requests for Funds and RA. All RHTSA funds are reserved in the 
National Office and requests for these funds and/or RA units must be 
submitted by the State Director, using the applicable format shown on 
attachment 4 or 5 of this exhibit (available in any FmHA or its 
successor agency under Public Law 103-354 State Office). The State 
Director is responsible for notifying the Director of Single Family 
Housing Processing Division (SFHPD) or Multi-Family Housing Processing 
Division (MFHPD) of any RHTSA funds and RA units authorized, but not 
obligated, by RHTSA pooling date.
    G. Pooling. Unused RHTSA funds and RA will be pooled. Pooling dates 
and any pertinent information thereof are available on attachment 1 of 
this exhibit (available in any FmHA or its successor agency under Public 
Law 103-354 State Office). Pooled funds will be available on a first-
come, first-served basis to all eligible colonias and all counties 
listed on attachments 2 and 3 of this exhibit (available in any FmHA or 
its successor agency under Public Law 103-354 State Office). Pooled 
RHTSA funds will remain available until the year-end pooling date.
    H.-I. [Reserved]
    J. Requests for Assistance. Requests for assistance in targeted 
counties must meet all loan making requirements of the applicable 
program Instructions, except as modified for colonias in paragraph III 
of this exhibit. For section 515, States may:
    1. Issue Form AD-622, ``Notice of Preapplication Review Action,'' up 
to 150

[[Page 27]]

percent of the amount shown in attachment 1 of this exhibit (available 
in any FmHA or its successor agency under Public Law 103-354 State 
Office).
    2. All AD-622s issued for applicants in targeted counties will be 
annotated, in Item 7, under ``Other Remarks,'' with the following: 
``Issuance of this AD-622 is contingent upon receiving funds from the 
Rural Housing Targeting Set Aside (RHTSA). Should RHTSA funds be 
unavailable, or the county in which this project will be located is no 
longer considered a targeted county, this AD-622 will no longer be 
valid. In these cases, the request for assistance will need to compete 
with other preapplications in non-targeted counties, based upon its 
priority point score.''

                              V. [Reserved]

[57 FR 3924, Feb. 3, 1992]

Subparts M-S [Reserved]



   Subpart T_System for Delivery of Certain Rural Development Programs

    Source: 57 FR 11559, Apr. 6, 1992, unless otherwise noted.



Sec.  1940.951  General.

    This subpart sets forth Rural Development policies and procedures 
for the delivery of certain rural development programs under a rural 
economic development review panel established in eligible States 
authorized under sections 365, 366, 367, and 368 of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 1921 et seq.), as amended.
    (a) If a State desires to participate in this pilot program, the 
Governor of the State may submit an application to the Under Secretary 
for Small Community and Rural Development, U.S. Department of 
Agriculture, room 219-A, Administration Building, Washington, DC 20250 
in accordance with Sec.  1940.954 of this subpart.
    (b) The Under Secretary shall designate not more than five States in 
which to make rural economic development review panels applicable during 
any established time period for the purpose of reviewing and ranking 
applications submitted for funding under certain rural development 
programs. The following time periods have been established for 
participation in this pilot program:

First period--Balance of fiscal year (FY) 1992 to September 30, 1993;
Second period--October 1, 1993 to September 30, 1994;
Third period--October 1, 1994 to September 30, 1995; and
Fourth period--October 1, 1995 to September 30, 1996.

    The State will be bound by the provisions of this pilot program only 
during the established time period(s) for which the State is designated. 
If a designated State does not remain an eligible State during the 
established time period(s) for which the State was designated, the State 
will not be eligible to participate in this program and cannot revert to 
the old ranking and applicant selection process.
    (c) Assistance under each designated rural development program shall 
be provided to eligible designated States for qualified projects in 
accordance with this subpart.
    (d) Federal statutes provide for extending Rural Development 
financially supported programs without regard to race, color, religion, 
sex, national origin, marital status, age, familial status, or physical/
mental handicap (provided the participant possesses the capacity to 
enter into legal contracts.)



Sec.  1940.952  [Reserved]



Sec.  1940.953  Definitions.

    For the purpose of this subpart:
    Administrator. The Administrator of Rural Business--Cooperative 
Service, Rural Housing Service, or Rural Utilities Service.
    Area plan. The long-range development plan developed for a local or 
regional area in a State.
    Designated agency. An agency selected by the Governor of the State 
to provide the panel and the State Coordinator with support for the 
daily operation of the panel.
    Designated rural development program. A program carried out under 
sections 304(b), 306(a), or subsections (a) through (f) and (h) of 
section 310B of the Consolidated Farm and Rural Development Act (7 
U.S.C. 1926(a)), as amended, or under section 1323 of the Food Security

[[Page 28]]

Act of 1985, for which funds are available at any time during the FY 
under such section, including, but not limited to, the following:
    (1) Water and Waste Disposal Insured or Guaranteed Loans;
    (2) Development Grants for Community Domestic Water and Waste 
Disposal Systems;
    (3) Technical Assistance and Training Grants;
    (4) Emergency Community Water Assistance Grants;
    (5) Community Facilities Insured and Guaranteed Loans;
    (6) Business and Industry Guaranteed Loans;
    (7) Industrial Development Grants;
    (8) Intermediary Relending Program;
    (9) Drought and Disaster Relief Guaranteed Loans;
    (10) Disaster Assistance for Rural Business Enterprises;
    (11) Nonprofit National Rural Development and Finance Corporations.
    Designated State. A State selected by the Under Secretary, in 
accordance with Sec.  1940.954 of this subpart, to participate in this 
program.
    Eligible State. With respect to a FY, a State that has been 
determined eligible in accordance with Sec.  1940.954 (e) of this 
subpart.
    Nondesignated State. A State that has not been selected to 
participate in this pilot program.
    Qualified project. Any project: (1) For which the designated agency 
has identified alternative Federal, State, local or private sources of 
assistance and has identified related activities in the State; and
    (2) To which the Administrator is required to provide assistance.
    State. Any of the fifty States.
    State coordinator. The officer or employee of the State appointed by 
the Governor to carry out the activities described in Sec.  1940.957 of 
this subpart.
    State Director. The head of Rural Development at the local level 
charged with administering designated rural development programs.
    State rural economic development review panel or ``panel''. An 
advisory panel that meets the requirements of Sec.  1940.956 of this 
subpart.
    Under Secretary. In the U.S. Department of Agriculture, the Under 
Secretary for Small Community and Rural Development.



Sec.  1940.954  State participation.

    (a) Application. If a State desires to participate in this pilot 
program, the Governor may submit an original and one copy of Standard 
Form (SF) 424.1, ``Application for Federal Assistance (For Non-
construction),'' to the Under Secretary. The five States designated by 
the Under Secretary to participate in the first established time period 
will be selected from among applications received not later than 60 
calendar days from the effective date of this subpart. If a designated 
State desires to participate in additional time periods, applications 
are not required to be resubmitted; however, the Governor must notify 
the Under Secretary, in writing, no later than July 31 of each FY, and 
the State must submit evidence of eligibility requirements each FY in 
accordance with Sec.  1940.954 (e)(2) of this subpart. Beginning in FY 
1993, applications must be submitted to the Under Secretary no later 
than July 31 if a State desires to be selected to fill vacancies that 
occur when designated States do not roll over into another established 
time period. States should include the following information with SF 
424.1:
    (1) A narrative signed by the Governor including reasons for State 
participation in this program and reasons why a project review and 
ranking process by a State panel will improve the economic and social 
conditions of rural areas in the State. The narrative will also include 
the time period(s) for which the State wishes to participate.
    (2) A proposal outlining the method for meeting all the following 
eligibility requirements and the timeframes established for meeting each 
requirement:
    (i) Establishing a rural economic development review panel in 
accordance with Sec.  1940.956 of this subpart. When established, the 
name, title, and address of each proposed member should be included and 
the chairperson and vice chairperson should be identified.
    (ii) Governor's proposed designation of a State agency to support 
the State coordinator and the panel. The name, address, and telephone 
number of the

[[Page 29]]

proposed agency's contact person should be included.
    (iii) Governor's proposed selection of a State coordinator in 
accordance with Sec.  1940.957 of this subpart, including the title, 
address, and telephone number.
    (iv) Development of area development plans for all areas of the 
State that are eligible to receive assistance from designated rural 
development programs.
    (v) The review and evaluation of area development plans by the panel 
in accordance with Sec.  1940.956 of this subpart.
    (vi) Development of written policy and criteria used by the panel to 
review and evaluate area plans in accordance with Sec.  1940.956 of this 
subpart.
    (vii) Development of written policy and criteria the panel will use 
to evaluate and rank applications in accordance with Sec.  1940.956 of 
this subpart.
    (3) Preparation of a proposed budget that includes 3 years 
projections of income and expenses associated with panel operations. If 
funds from other sources are anticipated, sources and amounts should be 
identified.
    (4) Development of a financial management system that will provide 
for effective control and accountability of all funds and assets 
associated with the panel.
    (5) A schedule to coordinate the submission, review, and ranking 
process of preapplications/applications in accordance with Sec.  
1940.956(a) of this subpart.
    (6) Other information provided by the State in support of its 
application.
    (b) Selecting States. The Under Secretary will review the 
application and other information submitted by the State and designate 
not more than five States to participate during any established time 
period.
    (c) Notification of selection. (1) The Under Secretary will notify 
the Governor of each State whether or not the State has been selected 
for further consideration in this program. If a State has been selected, 
the notification will include the additional information that the 
Governor must submit to the Under Secretary in order for the State to 
meet eligibility requirements in accordance with paragraph (d) of this 
section.
    (2) A copy of the notification to the Governor will be submitted to 
the Administrator along with a copy of the State's application and other 
material submitted in support of the application.
    (d) Determining State eligibility. (1) The Governor will provide the 
Under Secretary with evidence that the State has complied with the 
eligibility requirements of paragraph (a)(2) of this section not later 
than September 1, 1992, for the first established time period and not 
later than September 1 for each of the remaining established time 
periods.
    (2) The Under Secretary will review the material submitted by the 
Governor in sufficient detail to determine if a State has complied with 
all eligibility requirements of this subpart. The panel will not begin 
reviewing and ranking applications until the Governor has been notified 
in writing by the Under Secretary that the State has been determined 
eligible and is designated to participate in this program. A copy of the 
notification will be sent to the Administrator. The Under Secretary's 
decision is not appealable.
    (e) Eligibility requirements. (1) With respect to this subpart, the 
Under Secretary may determine a State to be an eligible State provided 
all of the following apply not later than October 1 of each FY:
    (i) The State has established a rural economic development review 
panel that meets the requirements of Sec.  1940.956 of this subpart;
    (ii) The Governor has appointed an officer or employee of the State 
government to serve as State coordinator to carry out the 
responsibilities set forth in Sec.  1940.957 of this subpart; and
    (iii) The Governor has designated an agency of the State government 
to provide the panel and State coordinator with support for the daily 
operation of the panel.
    (2) If a State is determined eligible initially and desires to 
participate in additional time periods established for this program, the 
Governor will submit documents and information not later than September 
1 of each subsequent FY in sufficient detail for the Under Secretary to 
determine, prior to the

[[Page 30]]

beginning of the additional time period, that the State is still in 
compliance with all eligibility requirements of this subpart.



Sec.  1940.955  Distribution of program funds to designated States.

    (a) States selected to participate in the first established time 
period will receive funds from designated rural development programs 
according to applicable program regulations until the end of FY 1992, if 
necessary for States to have sufficient time to meet the eligibility 
requirements of this subpart, and to be designated to participate in 
this program. No funds will be administered under this subpart to an 
ineligible State.
    (b) If a State becomes an eligible State any time prior to the end 
of FY 1992, any funds remaining unobligated from a State's FY 1992 
allocation, may be administered under this subpart.
    (c) Beginning in FY 1993 and for each established time period 
thereafter, all designated rural development program funds received by a 
designated State will be administered in accordance with Sec. Sec.  
1940.961 through 1940.965 of this subpart, provided the State is 
determined eligible prior to the beginning of each FY in accordance with 
Sec.  1940.954 of this subpart. No assistance will be provided under any 
designated rural development program in any designated State that is not 
an eligible State.



Sec.  1940.956  State rural economic development review panel.

    (a) General. In order for a State to become or remain an eligible 
State, the State must have a rural economic development panel that meets 
all requirements of this subpart. Each designated State will establish a 
schedule whereby the panel and Rural Development will coordinate the 
submission, review, and ranking process of preapplications/applications. 
The schedule will be submitted to the Under Secretary for concurrence 
and should consider the following:
    (1) Timeframes should assure that applications selected for funding 
from the current FY's allocation of funds can be processed by Rural 
Development and funds obligated prior to the July 15 pooling established 
in Sec.  1940.961(c) of this subpart;
    (2) Initial submission of preapplications/applications from Rural 
Development to the panel and any subsequent submissions during the first 
year;
    (3) How often during each FY thereafter should Rural Development 
submit preapplications/applications to the panel for review and ranking;
    (4) Number of working days needed by the panel to review and rank 
preapplications/applications;
    (5) Number of times during the FY the panel will submit a list of 
ranked preapplications/applications to Rural Development for funding 
consideration;
    (6) Consider the matching of available loan and grant funds to 
assure that all allocated funds will be used;
    (7) How to consider ranked preapplications/applications at the end 
of the FY that have not been funded; and
    (8) How to consider requests for additional funds needed by an 
applicant to complete a project that already has funds approved; i.e., 
construction bid cost overrun.
    (b) Duties and responsibilities. The panel is required to advise the 
State Director on the desirability of funding applications from funds 
available to the State from designated rural development programs. In 
relation to this advice, the panel will have the following duties and 
responsibilities:
    (1) Establish policy and criteria to review and evaluate area plans 
and to review and rank preapplications/applications. (i) Area plan. The 
panel will develop a written policy and criteria to use when evaluating 
area plans. The criteria to be used when evaluating area plans will 
assure that the plan includes, as a minimum, the technical information 
included in Sec.  1940.959 of this subpart. The criteria will be in 
sufficient detail for the panel to determine that the plan is 
technically and economically adequate, feasible, and likely to succeed 
in meeting the stated goals of the plan. The panel will give weight to 
area-wide or regional plans and comments submitted by intergovernmental 
development councils or similar organizations made up of local

[[Page 31]]

elected officials charged with the responsibility for rural area or 
regional development. A copy of the policy and evaluating criteria will 
be provided to Rural Development.
    (ii) Applications. The panel will annually review the policy and 
criteria used by the panel to evaluate and rank preapplications/
applications in accordance with this subpart. The panel will assure that 
the policy and criteria are consistent with current rural development 
needs, and that the public has an opportunity to provide input during 
the development of the initial policy and criteria. The Governor will 
provide a copy of the initial policy and criteria established by the 
panel when submitting evidence of eligibility in accordance with Sec.  
1940.954 of this subpart. Annually, thereafter, and not later than 
September 1 of each FY, the State coordinator will send the Under 
Secretary evidence that the panel has reviewed the established policy 
and criteria. The State coordinator will also send the Under Secretary a 
copy of all revisions.
    (A) The policy and criteria used to rank applications for business 
related projects will include the following, which are not necessarily 
in rank order:
    (1) The extent to which a project stimulate rural development by 
creating new jobs of a permanent nature or retaining existing jobs by 
enabling new small businesses to be started, or existing businesses to 
be expanded by local or regional area residents who own and operate the 
businesses.
    (2) The extent to which a project will contribute to the enhancement 
and the diversification of the local or regional area economy.
    (3) The extent to which a project will generate or retain jobs for 
local or regional area residents.
    (4) The extent to which a project will be carried out by persons 
with sufficient management capabilities.
    (5) The extent to which a project is likely to become successful.
    (6) The extent to which a project will assist a local or regional 
area overcome severe economic distress.
    (7) The distribution of assistance to projects in as many areas as 
possible in the State with sensitivity to geographic distribution.
    (8) The technical aspects of the project.
    (9) The market potential and marketing arrangement for the projects.
    (10) The potential of such project to promote the growth of a rural 
community by improving the ability of the community to increase the 
number of persons residing in the community and by improving the quality 
of life for these persons.
    (B) The policy and criteria used to rank preapplications/
applications for infrastructure and all other community facility-type 
projects will include the following which are not necessarily in rank 
order:
    (1) The extent to which the project will have the potential to 
promote the growth of a rural community by improving the quality of life 
for local or regional residents.
    (2) The extent to which the project will affect the health and 
safety of local or regional area residents.
    (3) The extent to which the project will improve or enhance cultural 
activities, public service, education, or transportation.
    (4) The extent to which the project will affect business 
productivity and efficiency.
    (5) The extent to which the project will enhance commercial business 
activity.
    (6) The extent to which the project will address a severe loss or 
lack of water quality or quantity.
    (7) The extent to which the project will correct a waste collection 
or disposal problem.
    (8) The extent to which the project will bring a community into 
compliance with Federal or State water or waste water standards.
    (9) The extent to which the project will consolidate water and waste 
systems and utilize management efficiencies in the new system.
    (2) Review and evaluate area plans. Each area plan submitted for a 
local or regional area will be reviewed and evaluated by the panel. 
After an area plan has been reviewed and evaluated in accordance with 
established policy and criteria:

[[Page 32]]

    (i) The panel will accept any area plan that meets established 
criteria unless the plan is incompatible with any other area plan for 
that area that has been accepted by the panel; or
    (ii) The panel will return any area plan that is technically or 
economically inadequate, not feasible, is unlikely to be successful, or 
is not compatible with other panel-accepted area plans for that area. 
When an area plan is returned, the panel will include an explanation of 
the reasons for the return and suggest alternative proposals.
    (iii) The State coordinator will notify the State Director, in 
writing, of the panel's decision on each area plan reviewed.
    (3) Review and rank preapplications/applications. The panel will 
review, rank, and transmit a ranked list of preapplications/applications 
according to the schedule prepared in accordance with paragraph (a) of 
this section, and the following:
    (i) Review preapplications/applications. The panel will review each 
preapplication/application for assistance to determine if the project to 
be carried out is compatible with the area plan in which the project 
described in the preapplication/application is proposed, and either:
    (A) Accept any preapplication/application determined to be 
compatible with such area plan; or
    (B) Return to the State Director any preapplication/application 
determined not to be compatible with such area plan. The panel will 
notify the applicant when preapplication/applications are returned to 
the State Director.
    (ii) Rank preapplications/applications. The panel will rank only 
those preapplications/applications that have been accepted in accordance 
with paragraph (b)(3)(i)(A) of this section. The panel will consider the 
sources of assistance and related activities in the State identified by 
the designated agency. Applications will be ranked in accordance with 
the written policy and criteria established in accordance with paragraph 
(b)(1)(ii) of this section and the following:
    (A) Priority ranking for projects addressing health emergencies. In 
addition to the criteria established in paragraph (b)(1)(ii) of this 
section, preapplications/applications for projects designed to address a 
health emergency declared so by the appropriate Federal or State agency, 
will be given priority by the panel.
    (B) Priority based on need. If two or more preapplications/
applications ranked in accordance with this subpart are determined to 
have comparable strengths in their feasibility and potential for growth, 
the panel will give priority to the applications for projects with the 
greatest need.
    (C) If additional ranking criteria for use by a panel are required 
in any designated rural development program regulation, the panel will 
give consideration to the criteria when ranking preapplications/
applications submitted under that program.
    (iii) Transmit list of ranked preapplications/applications. After 
the preapplications/applications have been ranked, the panel will submit 
a list of all preapplications/applications received to the State 
coordinator. The list will clearly indicate each preapplication/
application accepted for funding and will list preapplications/
applications in the order established for funding according to priority 
ranking by the panel. The list will not include a preapplication/
application that is to be returned to the applicant in accordance with 
paragraph (b)(3)(i)(B) of this section. The State coordinator will send 
a copy of the list to the State Director for further processing of the 
preapplication/application in accordance with Sec.  1940.965 of this 
subpart. Once the panel has ranked and submitted the list to Rural 
Development and the State Director has selected a preapplication/
application for funding, the preapplication/application selected will 
not be replaced with a preapplication/application received at a later 
date that may have a higher ranking.
    (4) Public availability of list. If requested, the State coordinator 
will make the list of ranked preapplications/applications available to 
the public and will include a brief explanation and justification of why 
the project preapplications/applications received their priority 
ranking.
    (c) Membership--(1) Voting members. The panel will be composed of 
not more

[[Page 33]]

than 16 voting members who are representatives of rural areas. The 16 
voting members will include the following:
    (i) One of whom is the Governor of the State or the person 
designated by the Governor to serve on the panel, on behalf of the 
Governor, for that year;
    (ii) One of whom is the director of the State agency responsible for 
economic and community development or the person designated by the 
director to serve on the panel, on behalf of the director, for that 
year:
    (iii) One of whom is appointed by a statewide association of banking 
organizations;
    (iv) One of whom is appointed by a statewide association of 
investor-owned utilities;
    (v) One of whom is appointed by a statewide association of rural 
telephone cooperatives;
    (vi) One of whom is appointed by a statewide association of 
noncooperative telephone companies;
    (vii) One of whom is appointed by a statewide association of rural 
electric cooperatives;
    (viii) One of whom is appointed by a statewide association of health 
care organizations;
    (ix) One of whom is appointed by a statewide association of existing 
local government-based planning and development organizations;
    (x) One of whom is appointed by the Governor of the State from 
either a statewide rural development organization or a statewide 
association of publicly-owned electric utilities, neither of which is 
described in any of paragraphs (c)(1)(iii) through (ix);
    (xi) One of whom is appointed by a statewide association of 
counties;
    (xii) One of whom is appointed by a statewide association of towns 
and townships, or by a statewide association of municipal leagues, as 
determined by the Governor;
    (xiii) One of whom is appointed by a statewide association of rural 
water districts;
    (xiv) The State director of the Federal small business development 
center or, if there is no small business development center in place 
with respect to the State, the director of the State office of the Small 
Business Administration;
    (xv) The State representative of the Economic Development 
Administration of the Department of Commerce; and
    (xvi) One of whom is appointed by the State Director from among the 
officers and employees of Rural Development.
    (2) Nonvoting members. The panel will have not more than four 
nonvoting members who will serve in an advisory capacity and who are 
representatives of rural areas. The four nonvoting members will be 
appointed by the Governor and include:
    (i) One from names submitted by the dean or the equivalent official 
of each school or college of business, from colleges and universities in 
the State;
    (ii) One from names submitted by the dean or the equivalent official 
of each school or college of engineering, from colleges and universities 
in the State;
    (iii) One from names submitted by the dean or the equivalent 
official, of each school or college of agriculture, from colleges and 
universities in the State; and
    (iv) The director of the State agency responsible for extension 
services in the State.
    (3) Qualifications of panel members appointed by the Governor. Each 
individual appointed to the panel by the Governor will be specially 
qualified to serve on the panel by virtue of the individual's technical 
expertise in business and community development.
    (4) Notification of selection. Each statewide organization that 
selects an individual to represent the organization on the panel must 
notify the Governor of the selection.
    (5) Appointment of members representative of statewide organization 
in certain cases. (i) If there is no statewide association or 
organization of the entities described in paragraph (c)(1) of this 
section, the Governor of the State will appoint an individual to fill 
the position or positions, as the case may be, from among nominations 
submitted by local groups of such entities.
    (ii) If a State has more than one of any of the statewide 
associations or organizations of the entities described in paragraph 
(c)(1) of this section, the Governor will select one of the like 
organizations to name a member to serve during no more than one 
established

[[Page 34]]

time period. Thereafter, the Governor will rotate selection from among 
the remaining like organizations to name a member.
    (d) Failure to appoint panel members. The failure of the Governor, a 
Federal agency, or an association or organization described in paragraph 
(c) of this section, to appoint a member to the panel as required under 
this subpart, shall not prevent a State from being determined an 
eligible State.
    (e) Panel vacancies. A vacancy on the panel will be filled in the 
manner in which the original appointment was made. Vacancies should be 
filled prior to the third panel meeting held after the vacany occurred. 
The State coordinator will notify the State Director, in writing, when 
the vacancy is filled or if the vacancy will not be filled.
    (f) Chairperson and vice chairperson. The panel will select two 
members of the panel who are not officers or employees of the United 
States to serve as the chairperson and vice chairperson of the panel. 
The term shall be for 1 year.
    (g) Compensation to panel members--(1) Federal members. Except as 
provided in Sec.  1940.960 of this subpart, each member of the panel who 
is an officer or employee of the Federal Government may not receive any 
compensation or benefits by reason of service on the panel, in addition 
to that which is received for performance of such officer or employee's 
regular employment.
    (2) NonFederal members. Each nonfederal member may be compensated by 
the State and/or from grant funds established in Sec.  1940.968 of this 
subpart.
    (h) Rules governing panel meetings--(1) Quorum. A majority of voting 
members of the panel will constitute a quorum for the purpose of 
conducting business of the panel.
    (2) Frequency of meetings. The panel will meet not less frequently 
than quarterly. Frequency of meetings should be often enough to assure 
that applications are reviewed and ranked for funding in a timely 
manner.
    (3) First meeting. The State coordinator will schedule the first 
panel meeting and will notify all panel members of the location, date, 
and time at least seven days prior to the meeting. Subsequent meetings 
will be scheduled by vote of the panel.
    (4) Records of meetings. The panel will keep records of the minutes 
of the meetings, deliberations, and evaluations of the panel in 
sufficient detail to enable the panel to provide interested agencies or 
persons the reasons for its actions.
    (i) Federal Advisory Committee Act. The Federal Advisory Committee 
Act shall not apply to any State rural economic development review 
panel.
    (j) Liability of members. The members of a State rural economic 
development review panel shall not be liable to any person with respect 
to any determination made by the panel.



Sec.  1940.957  State coordinator.

    The Governor will appoint an officer or employee of State government 
as State coordinator in order for a State to become and remain an 
eligible State under this subpart. The State coordinator will have the 
following duties and responsibilities:
    (a) Manage, operate, and carry out the instructions of the panel;
    (b) Serve as liaison between the panel and the Federal and State 
agencies involved in rural development;
    (c) Coordinate the efforts of interested rural residents with the 
panel and ensure that all rural residents in the State are informed 
about the manner in which assistance under designated rural development 
programs is provided to the State pursuant to this subpart, and if 
requested, provide information to State residents; and
    (d) Coordinate panel activities with Rural Development.



Sec.  1940.958  Designated agency.

    The Governor will appoint a State agency to provide the panel and 
the State coordinator with support for the daily operation of the panel. 
In addition to providing support, the designated agency is responsible 
for identifying:
    (a) Alternative sources of financial assistance for project 
preapplications/applications reviewed and ranked by the panel, and
    (b) Related activities within the State.

[[Page 35]]



Sec.  1940.959  Area plan.

    Each area plan submitted to the panel for review in accordance with 
Sec.  1940.956 of this subpart shall identify the geographic boundaries 
of the area and shall include the following information:
    (a) An overall development plan for the area with goals, including 
business development and infrastructure development goals, and time 
lines based on a realistic assessment of the area, including, but not 
limited to, the following:
    (1) The number and types of businesses in the area that are growing 
or declining;
    (2) A list of the types of businesses that the area could 
potentially support;
    (3) The outstanding need for water and waste disposal and other 
public services or facilities in the area;
    (4) The realistic possibilities for industrial recruitment in the 
area;
    (5) The potential for development of tourism in the area;
    (6) The potential to generate employment in the area through 
creation of small businesses and the expansion of existing businesses; 
and
    (7) The potential to produce value-added agricultural products in 
the area.
    (b) An inventory and assessment of the human resources of the area, 
including, but not limited to, the following:
    (1) A current list of organizations in the area and their special 
interests;
    (2) The current level of participation of area residents in rural 
development activities and the level of participation required for 
successful implementation of the plan;
    (3) The availability of general and specialized job training in the 
area and the extent to which the training needs of the area are not 
being met;
    (4) A list of area residents with special skills which could be 
useful in developing and implementing the plan; and
    (5) An analysis of the human needs of the area, the resources in the 
area available to meet those needs, and the manner in which the plan, if 
implemented, would increase the resources available to meet those needs.
    (c) The current degree of intergovernmental cooperation in the area 
and the degree of such cooperation needed for the successful 
implementation of the plan.
    (d) The ability and willingness of governments and citizens in the 
area to become involved in developing and implementing the plan.
    (e) A description of how the governments in the area apply budget 
and fiscal control processes to the plan. This process is directed 
toward costs associated with carrying out the planned development. When 
plans are developed, the financial condition of all areas covered under 
the plan should be fully recognized and planned development should 
realistically reflect the area's immediate and long-range financial 
capabilities.
    (f) The extent to which public services and facilities need to be 
improved to achieve the economic development and quality of life goals 
of the plan. At a minimum, the following items will be considered:
    (1) Law enforcement;
    (2) Fire protection;
    (3) Water, sewer, and solid waste management;
    (4) Education;
    (5) Health care;
    (6) Transportation;
    (7) Housing;
    (8) Communications; and
    (9) The availability of and capability to generate electric power.
    (g) Existing area or regional plans are acceptable provided the plan 
includes statements that indicate the degree to which the plan has met 
or is meeting all the requirements in paragraphs (a) through (f) of this 
section.



Sec.  1940.960  Federal employee panel members.

    (a) The State Director will appoint one Rural Development employee 
to serve as a voting member of the panel established in Sec.  
1940.956(c)(1) of this subpart.
    (b) The Administrator may appoint, temporarily and for specific 
purposes, personnel from any department or agency of the Federal 
Government as nonvoting panel members, with the consent of the head of 
such department

[[Page 36]]

or agency, to provide official information to the panel. The member(s) 
appointed shall have expertise to perform a duty described in Sec.  
1940.956(b) of this subpart that is not available among panel members.
    (c) Federal panel members will be paid per diem or otherwise 
reimbursed by the Federal Government for expenses incurred each day the 
employee is engaged in the actual performance of a duty of the panel. 
Reimbursement will be in accordance with Federal travel regulations.



Sec.  1940.961  Allocation of appropriated funds.

    (a) Initial allocations. (1) Each FY, from sums appropriated for 
direct loans, loan guarantees, or grants for any designated rural 
development program, funds will be allocated to designated States in 
accordance with RD Instruction subpart L of part 1940, exhibit A, 
attachment 4, of this chapter (available in any RD State or District 
Office).
    (2) Each FY, and normally within 30 days after the date Rural 
Development receives an appropriation of designated rural development 
program funds, the Governor of each designated State will be notified of 
the amounts allocated to the State under each designated program for 
such FY. The Governor will also be notified of the total amounts 
appropriated for the FY for each designated rural development program.
    (3) The State Director will fund projects from a designated State's 
allocation of funds, according to appropriate program regulations giving 
great weight to the order in which the preapplications/applications for 
projects are ranked and listed by the panel in accordance with Sec.  
1940.956(b)(3) of this subpart.
    (b) Reserve. A percentage of the National Office reserve established 
in subpart L of part 1940 of this chapter will be used to establish a 
reserve for designated States that is separate and apart from that of 
nondesignated States. The percent reserved will be based upon the same 
criteria used in subpart L of part 1940 of this chapter to allocate 
program funds.
    (c) Pooling. (1) On July 15 of each FY, and from time to time 
thereafter during the FY, as determined appropriate, unobligated funds 
will be pooled from among the designated States. Pooled funds will be 
made a part of the reserve established for designated States and will 
revert to National Office control.
    (2) Funds pooled from designated States can be requested by 
designated States, pursuant to subsection (d) of this section. The 
designated States' pool; however, will not be available to nondesignated 
States until September 1 of each year.
    (d) Request for funds. (1) Designated States may request designated 
States' reserve funds, and funds for other designated rural development 
programs controlled by the National Office, as shown in RD Instruction 
subpart L of part 1940, exhibit A, attachment 4, of this chapter, in 
accordance with applicable program regulations.
    (2) Designated States may request funds from the nondesignated 
reserve account when:
    (i) All allocated and reserve funds to designated states have been 
used, or
    (ii) Sufficient funds do not remain in any designated State 
allocation and in the designated States' reserve account to fund a 
project.



Sec.  1940.962  Authority to transfer direct loan amounts.

    (a) Transfer of funds. If the amounts allocated to a designated 
State for direct Water and Waste Disposal or Community Facility loans 
for a FY are not sufficient to provide the full amount requested for a 
project in accordance with this subpart, the State Director may transfer 
part or all of the funds allocated to the State, from one program to 
another, subject to paragraphs (b) and (c) of this section.
    (b) Limitation on amounts transferred. (1) Amounts transferred 
within a designated State. The amount of direct loan funds transferred 
from a program under this section shall not exceed the amount left 
unobligated after obligating the full amount of assistance requested for 
each project that ranked higher in priority on the panel's list.
    (2) Amounts transferred on a National basis. The amount of direct 
loan funds transferred in a FY, among the designated States, from a 
program under this subpart (after accounting

[[Page 37]]

for any offsetting transfers into such program) shall not exceed $9 
million, or an amount otherwise authorized by law.
    (c) National Office concurrence. The State Director may transfer 
direct loan funds authorized in this section, after requesting and 
receiving concurrence from the National Office. If permitted by law, the 
National Office will concur in requests on a first-come-first-served 
basis.



Sec.  1940.963  Authority to transfer guaranteed loan amounts.

    (a) Transfer of funds. If the amounts allocated to a designated 
State for guaranteed Water and Waste Disposal, Community Facility, or 
Business and Industry loans for a FY are not sufficient to provide the 
full amount requested for a project in accordance with this subpart, the 
State Director may transfer part or all of the funds allocated to the 
State, from one program to another, subject to paragraphs (b) and (c) of 
this section.
    (b) Limitation on amounts transferred. The amount of guaranteed loan 
funds transferred from a program under this section shall not exceed the 
amount left unobligated after obligating the full amount of assistance 
requested for each project that ranked higher in priority on the panel's 
list.
    (c) National Office concurrence. The State Director may transfer 
guaranteed loan funds authorized in this section, after requesting and 
receiving concurrence from the National Office. If permitted by law, the 
National Office will concur in requests on a first-come-first-served 
basis.



Sec.  1940.964  [Reserved]



Sec.  1940.965  Processing project preapplications/applications.

    Except for the project review and ranking process established in 
this subpart, all requests for funds from designated rural development 
programs will be processed, closed, and serviced according to applicable 
Rural Development regulations, available in any Rural Development 
office.
    (a) Preapplications/applications. All preapplications/applications 
on hand that have not been selected for further processing will be 
submitted initially to the panel for review and ranking. 
Preapplications/applications on hand that had been selected for further 
processing prior to the time a State was selected to participate in this 
program may be funded by Rural Development without review by the panel. 
Preapplications/applications selected for further processing by Rural 
Development will not exceed the State's previous year's funding level. 
The State Director will provide the State coordinator a list of 
preapplications/applications that are in process and will be considered 
for funding without review by the panel. This list will be provided at 
the same time preapplications/applications are initially submitted to 
the State coordinator in accordance with paragraph (d) of this section.
    (b) Rural Development review. Preapplications/applications will be 
reviewed in sufficient detail to determine eligibility and, if 
applicable, determine if the applicant is able to obtain credit from 
other sources at reasonable rates and terms. Normally, within 45 days 
after receiving a complete preapplication/application, Rural Development 
will notify the applicant of the eligibility determination. A copy of 
all notifications will be sent to the State coordinator.
    (c) Applicant notification. The notification to eligible applicants 
will contain the following statements:

    Your application has been submitted to the State coordinator for 
review and ranking by the State rural economic development review panel. 
If you have questions regarding this review process, you should contact 
the State coordinator. The address and telephone number are: (insert).
    You will be notified at a later date of the decision reached by the 
panel and whether or not you can proceed with the proposed project.
    You are advised against incurring obligations which cannot be 
fulfilled without Rural Development funds.


These statements should be included in notifications to applicants with 
preapplications/applications on hand that had not been selected for 
further processing prior to the time a State was selected to participate 
in this program.
    (d) Information to State coordinator. Rural Development will forward 
a copy

[[Page 38]]

of the preapplication/application and other information received from 
the applicant to the State coordinator according to a schedule prepared 
in accordance with Sec.  1940.956(a) of this subpart. The State 
coordinator will be advised that no further action will be taken on 
preapplications/applications until they have been received and ranked by 
the panel, and a priority funding list has been received from the State. 
Applications forwarded to the State coordinator will be reviewed and 
ranked for funding in accordance with Sec.  1940.956 of this subpart.
    (e) The Rural Development review of priority funding list. Rural 
Developmentwill review the list of ranked applications received from the 
State coordinator and determine if projects meet the requirements of the 
designated rural development program under which the applicant seeks 
assistance. Any project that does not meet program regulations will be 
removed from the list. Applicants will be notified of the decision 
reached by the panel and whether or not the applicant should proceed 
with the project. Rural Development will provide a copy of all 
notifications to the State coordinator. The decisions of the panel are 
not appealable.
    (f) Obligation of funds. Rural Development will provide funds for 
projects whose application remains on the list, subject to available 
funds. Consideration will be given to the order in which the 
applications were ranked and prioritized by the panel. If Rural 
Development proposes to provide assistance to any project without 
providing assistance to all projects ranked higher in priority by the 
panel than the project to be funded, 10 days prior to requesting an 
obligation of funds, the State Director will submit a report stating 
reasons for funding such lower ranked project to the following:
    (1) Panel.
    (2) National Office. The National Office will submit a copy of the 
notification to:
    (i) Committee on Agriculture of the House of Representatives, 
Washington, DC.
    (ii) Committee on Agriculture, Nutrition, and Forestry of the 
Senate, Washington, DC.



Sec. Sec.  1940.966-1940.967  [Reserved]



Sec.  1940.968  Rural Economic Development Review Panel Grant (Panel Grant).

    (a) General. Panel Grants awarded will be made from amounts 
appropriated for grants under any provision of section 306(a) of the 
CONACT (7 U.S.C 1926(a)), not to exceed $100,000 annually to each 
eligible State. This section outlines Rural Development's policies and 
authorizations and sets forth procedures for making grants to designated 
States for administrative costs associated with a State rural economic 
development review panel.
    (b) Objective. The objective of the Panel Grant program is to make 
grant funds available annually to each designated State to use for 
administrative costs associated with the State rural economic 
development review panels meeting requirements of Sec.  1940.956 of this 
subpart.
    (c) Authorities, delegations, and redelegations. The State Director 
is responsible for implementing the authorities in this section and to 
issue State supplements redelegating these authorities to appropriate 
Rural Development employees. Grant approval authorities are contained in 
subpart A of part 1901 of this chapter.
    (d) Joint funds. Rural Development grant funds may be used jointly 
with funds furnished by the grantee or grants from other sources.
    (e) Eligibility. A State designated by the Under Secretary to 
participate in this program is eligible to receive not more than 
$100,000 annually under this section. A State must become and remain an 
eligible State in order to receive funds under this section.
    (f) Purpose. Panel Grant funds may be used to pay for reasonable 
administrative costs associated with the panel, including, but not 
limited to, the following:
    (1) Travel and lodging expenses;
    (2) Salaries for State coordinator and support staff;
    (3) Reasonable fees and charges for professional services necessary 
for establishing or organizing the panel.

[[Page 39]]

Services must be provided by individuals licensed in accordance with 
appropriate State accreditation associations;
    (4) Office supplies, and
    (5) Other costs that may be necessary for panel operations.
    (g) Limitations. Grant funds will not be used to:
    (1) Pay costs incurred prior to the effective date of the grant 
authorized under this subpart;
    (2) Recruit preapplications/applications for any designated rural 
development loan or grant program or any loan or grant program;
    (3) Duplicate activities associated with normal execution of any 
panel member's occupation;
    (4) Fund political activities;
    (5) Pay costs associated with preparing area development plans;
    (6) Pay for capital assets; purchase real estate, equipment or 
vehicles; rent, improve, or renovate office space; or repair and 
maintain State or privately owned property;
    (7) Pay salaries to panel members; or
    (8) Pay per diem or otherwise reimburse panel members unless 
distance traveled exceed 50 miles.
    (h) Other considerations--(1) Equal opportunity requirements. Grants 
made under this subpart are subject to title VI of the Civil Rights Act 
of 1964 as outlined in subpart E of part 1901 of this chapter.
    (2) Environmental review requirements. Grants made under this 
subpart must comply with the environmental review requirements in 
accordance with 7 CFR part 1970.
    (3) Management assistance. Grantees will be provided management 
assistance as necessary to assure that grant funds are used for eligible 
purposes for the successful operation of the panel. Grants made under 
this subpart will be administered under and are subject to the U.S. 
Department of Agriculture regulations, 7 CFR, parts 3016 and 3017, as 
appropriate.
    (4) Drug-free work place. The State must provide for a drug-free 
workplace in accordance with the requirements of RD Instruction 1940-M 
(available in any Rural Development office). Just prior to grant 
approval, the State must prepare and sign Form AD-1049, ``Certification 
Regarding Drug-Free Workplace Requirements (Grants) Alternative I--For 
Grantees Other Than Individuals.''
    (i) Application processing. (1) The State Director shall assist the 
State in application assembly and processing. Processing requirements 
should be discussed during an application conference.
    (2) After the Governor has been notified that the State has been 
designated to participate in this program and the State has met all 
eligibility requirements of this subpart, the State may file an original 
and one copy of SF 424.1 with the State Director. The following 
information will be included with the application:
    (i) State's financial or in-kind resources, if applicable, that will 
maximize the use of Panel Grant funds;
    (ii) Proposed budget. The financial budget that is part of SF 424.1 
may be used, if sufficient, for all panel income and expense categories;
    (iii) Estimated breakdown of costs, including costs to be funded by 
the grantee or from other sources;
    (iv) Financial management system in place or proposed. The system 
will account for grant funds in accordance with State laws and 
procedures for expending and accounting for its own funds. Fiscal 
control and accounting procedures of the State must be sufficient to 
permit preparation of reports required by Federal regulations and permit 
the tracing of funds to a level of expenditures adequate to establish 
that grant funds are used solely for authorized purposes;
    (v) Method to evaluate panel activities and determine if objectives 
are met;
    (vi) Proposed Scope-of-Work detailing activities associated with the 
panel and time frames for completion of each task, and
    (vii) Other information that may be needed by Rural Development to 
make a grant award determination.
    (3) The applicable provisions of Sec.  1942.5 of subpart A of part 
1942 of this chapter relating to preparation of loan dockets will be 
followed in preparing grant dockets. The docket will include at least 
the following:

[[Page 40]]

    (i) Form RD 400-4, ``Assurance Agreement;''
    (ii) Scope-of-work prepared by the applicant and approved by Rural 
Development;
    (iii) Form RD 1940-1, ``Request for Obligation of Funds,'' with 
exhibit A, and
    (iv) Certification regarding a drug-free workplace in accordance 
with RD Instruction 1940-M (available in any Rural Development office).
    (j) Grant approval, obligation of funds, and grant closing. (1) The 
State Director will review the application and other documents to 
determine whether the proposal complies with this subpart.
    (2) Exhibit A of this subpart (available from any Rural Development 
State Office) shall be attached to and become a permanent part of Form 
RD 1940-1 and the following paragraphs will appear in the comment 
section of that form:

    The Grantee understands the requirements for receipt of funds under 
the Panel Grant program. The Grantee assures and certifies that it is in 
compliance with all applicable laws, regulations, Executive Orders, and 
other generally applicable requirements, including those set out in 7 
CFR, part 1940, subpart T, and 7 CFR, parts 3016 and 3017, including 
revisions through ------ (date of grant approval). The Grantee further 
agrees to use grant funds for the purposes outlined in the Scope-of-Work 
approved by Rural Development. Exhibit A is incorporated as a part 
hereof.

    (3) Grants will be approved and obligated in accordance with the 
applicable parts of Sec.  1942.5(d) of subpart A of part 1942 of this 
chapter.
    (4) An executed copy of the Scope-of-Work will be sent to the State 
coordinator on the obligation date, along with a copy of Form RD 1940-1 
and the required exhibit. Rural Development will retain the original of 
Form RD 1940-1 and the exhibit.
    (5) Grants will be closed in accordance with the applicable parts of 
subpart A of part 1942 of this chapter, including Sec.  1942.7. The 
grant is considered closed on the obligation date.
    (6) A copy of Form RD 1940-1, with the required exhibit, and the 
Scope-of-Work will be submitted to the National Office when funds are 
obligated.
    (7) If the grant is not approved, the State coordinator will be 
notified in writing of the reason(s) for rejection. The notification 
will state that a review of the decision by Rural Development may be 
requested by the State under subpart B of part 1900 of this chapter.
    (k) Fund disbursement. Grant funds will be disbursed on a 
reimbursement basis. Requests for funds should not exceed one advance 
every 30 days. The financial management system of the State shall 
provide for effective control and accountability of all funds, property, 
and assets.
    (1) SF 270, ``Request for Advance or Reimbursement,'' will be 
completed by the State coordinator and submitted to the State Director 
not more frequently than monthly.
    (2) Upon receipt of a properly completed SF 270, the State Director 
will request funds through the Automated Discrepancy Processing System. 
Ordinarily, payment will be made within 30 days after receipt of a 
properly prepared request for reimbursement.
    (3) States are encouraged to use minority banks (a bank which is 
owned by at least 50 percent minority group members) for the deposit and 
disbursement of funds. A list of minority owned banks can be obtained 
from the Office of Minority Business Enterprises, Department of 
Commerce, Washington, DC 20230.
    (l) Title. Title to supplies acquired under this grant will vest, 
upon acquisition, in the State. If there is a residual inventory of 
unused supplies exceeding $5,000 in total aggregate fair market value 
upon termination or completion of the grant awarded, and if the supplies 
are not needed for any other federally sponsored programs, the State 
shall compensate Rural Development for its share.
    (m) Costs. Costs incurred under this grant program are subject to 
cost principles established in Office of Management and Budget Circular 
A-87.
    (n) Budget changes. Rebudgeting within the approval direct cost 
categories to meet unanticipated requirements which do not exceed 10 
percent of the current total approved budget shall be permitted. The 
State shall obtain prior approval from the State Director for any 
revisions which result in the need for additional funding.

[[Page 41]]

    (o) Programmatic changes. The State shall obtain prior written 
approval from the State Director for any change to the scope or 
objectives for which the grant was approved or for contracting out or 
otherwise obtaining services of a third party to perform activities 
which are central to the purposes of the grant. Failure to obtain prior 
approval of changes to the scope can result in suspension or termination 
of grant funds.
    (p) Financial reporting. SF 269, ``Financial Status Report,'' and a 
Project Performance Report are required on a quarterly basis. The 
reports will be submitted to the State Director not later than 30 days 
after the end of each quarter. A final SF 269 and Project Performance 
Report shall be due 90 days after the expiration or termination of grant 
support. The final report may serve as the last quarterly report. The 
State coordinator will constantly monitor performance to ensure that 
time schedules are met, projected work by time periods is accomplished, 
and other performance objectives are achieved. Program outlays and 
income will be reported on an accrual basis. Project Performance Reports 
shall include, but not be limited to, the following:
    (1) A comparison of actual accomplishments to the objectives 
established for that period;
    (2) Reasons why established objectives were not met;
    (3) Problems, delays, or adverse conditions which will affect the 
ability to meet the objectives of the grant during established time 
periods. This disclosure must include a statement of the action taken or 
planned to resolve the situation; and
    (4) Objectives and timetable established for the next reporting 
period.
    (q) Audit requirements. Audit reports will be prepared and submitted 
in accordance with Sec.  1942.17(q)(4) of subpart A of part 1942 of this 
chapter. The audit requirements only apply to the year(s) in which grant 
funds are received. Audits must be prepared in accordance with generally 
accepted government auditing standards using publication, ``Standards 
for Audits of Governmental Organizations, Programs, Activities and 
Functions.''
    (r) Grant cancellation. Grants which have been approved and funds 
obligated may be cancelled by the grant approval official in accordance 
with Sec.  1942.12 of subpart A of part 1942 of this chapter. The State 
Director will notify the State coordinator that the grant has been 
cancelled.
    (s) Grant servicing. Grants will be serviced in accordance with 
subparts E and O of part 1951 of this chapter.
    (t) Subsequent grants. Subsequent grants will be processed in 
accordance with the requirements of this subpart for each additional 
time period a State is designated to participate in this program.

[57 FR 11559, Apr. 6, 1992, as amended at 81 FR 11030, Mar. 2, 2016]



Sec.  1940.969  Forms, exhibits, and subparts.

    Forms, exhibits, and subparts of this chapter (all available in any 
Rural Development office) referenced in this subpart, are for use in 
establishing a State economic development review panel and for 
administering the Panel Grant program associated with the panel.



Sec.  1940.970  [Reserved]



Sec.  1940.971  Delegation of authority.

    The authority authorized to the State Director in this subpart may 
be redelegated.



Sec. Sec.  1940.972-1940.999  [Reserved]



Sec.  1940.1000  OMB control number.

    The collection of information requirements contained in this 
regulation has been approved by the Office of Management and Budget and 
assigned OMB control number 0575-0145. Public reporting burden for this 
collection of information is estimated to vary from 30 minutes to 48 
hours per response with an average of 4 hours per response, including 
the time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Send comments regarding this burden 
estimate or any other aspect of

[[Page 42]]

this collection of information, including suggestions for reducing this 
burden, to Department of Agriculture, Clearance Officer, OIRM, Room 404-
W, Washington, DC 20250; and to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, Washington, DC 20503.

                          PART 1941 [RESERVED]



PART 1942_ASSOCIATIONS--Table of Contents



                   Subpart A_Community Facility Loans

Sec.
1942.1 General.
1942.2 Processing applications.
1942.3 Preparation of appraisal reports.
1942.4 Borrower contracts.
1942.5 Application review and approval.
1942.6 Preparation for loan closing.
1942.7 Loan closing.
1942.8 Actions subsequent to loan closing.
1942.9 Planning, bidding, contracting, and constructing.
1942.10 Strategic economic and community development.
1942.11 [Reserved]
1942.12 Loan cancellation.
1942.13 Loan servicing.
1942.14 Subsequent loans.
1942.15 Delegation and redelegation of authority.
1942.16 State supplements and guides.
1942.17 Community facilities.
1942.18 Community facilities--Planning, bidding, contracting, 
          constructing.
1942.19 Information pertaining to preparation of notes or bonds and bond 
          transcript documents for public body applicants.
1942.20 Community Facility Guides.
1942.21 Statewide nonmetropolitan median household income.
1942.22-1942.29 [Reserved]
1942.30 Re-lending.
1942.31-1942.49 [Reserved]
1942.50 OMB control number.

Subpart B [Reserved]

 Subpart C_Fire and Rescue and Other Small Community Facilities Projects

1942.101 General.
1942.102 Nondiscrimination.
1942.103 Definitions.
1942.104 Application processing.
1942.105 Environmental review requirements.
1942.106 Intergovernmental review.
1942.107 Priorities.
1942.108 Application docket preparation and review.
1942.109 [Reserved]
1942.110 Strategic economic and community development.
1942.111 Applicant eligibility.
1942.112 Eligible loan purposes.
1942.113 Rates and terms.
1942.114 Security.
1942.115 Reasonable project costs.
1942.116 Economic feasibility requirements.
1942.117 General requirements.
1942.118 Other Federal, State, and local requirements.
1942.119 Professional services and borrower contracts.
1942.120-1942.121 [Reserved]
1942.122 Actions prior to loan closing and start of construction.
1942.123 Loan closing.
1942.124-1942.125 [Reserved]
1942.126 Planning, bidding, contracting, constructing, procuring.
1942.127 Project monitoring and fund delivery.
1942.128 Borrower accounting methods, management reports and audits.
1942.129 Borrower supervision and servicing.
1942.130-1942.131 [Reserved]
1942.132 Subsequent loans.
1942.133 Delegation and redelegation of authority.
1942.134 State supplements and guides.
1942.135-1942.149 [Reserved]
1942.150 OMB control number.

Subparts D-H [Reserved]

    Authority: 5 U.S.C. 301; 7 U.S.C. 1989.

    Editorial Notes: Nomenclature changes to part 1942 appear at 80 FR 
9878, Feb. 24, 2015.



                   Subpart A_Community Facility Loans

    Source: 50 FR 7296, Feb. 22, 1985, unless otherwise noted.



Sec.  1942.1  General.

    (a) This subpart outlines the policies and procedures for making and 
processing direct loans for Community Facilities except fire and rescue 
and other small essential community facility loans and water and waste 
disposal facilities. This subpart applies to Community Facilities loans 
for fire and rescue and other small essential community facility loans 
only as specifically provided for in subpart C of this part. Water and 
waste loans are provided for in part 1780 of this title.

[[Page 43]]

    (1) The policies and procedures in this subpart address both loans 
between the Agency and the applicant and between the Agency and an 
approved eligible re-lender who then relends the funds to eligible 
applicants for eligible projects under this subpart.
    (2) The Agency shall cooperate fully with State, Tribal and local 
agencies in making loans to assure maximum support to the State and 
Tribal strategies for rural development. State Directors and their 
staffs shall maintain coordination and liaison with State agency and 
substate planning districts. Funds allocated for use under this subpart 
are also for the use of Indian tribes within the State, regardless of 
whether State development strategies include Indian reservations within 
the State's boundaries. Indians residing on such reservations must have 
equal opportunity to participate in the benefits of these programs as 
compared with other residents of the State.
    (3) Federal statutes provide for extending Agency financial programs 
without regard to race, color, religion, sex, national origin, marital 
status, age, or physical/mental handicap. The participants must possess 
the capacity to enter into legal contracts under State and local 
statutes.
    (4) Any processing or servicing activity conducted pursuant to this 
subpart involving authorized assistance to Agency employees, members of 
their families, known close relatives, or business or close personal 
associates, is subject to the provisions of subpart D of part 1900 of 
this chapter. Applicants for this assistance are required to identify 
any known relationship or association with an Agency employee.
    (b) Indian tribes on Federal and State reservations and other 
Federally recognized Indian tribes are eligible to apply for and are 
encouraged to participate in this program. Such tribes might not be 
subject to State and local laws or jurisdiction. However, any 
requirements of this subpart that affect applicant eligibility, the 
adequacy of Agency's security or the adequacy of service to users of the 
facility and all other requirements of this subpart must be met.
    (c) Loans sold without insurance by RD to the private sector will be 
serviced in the private sector and will not be serviced under this 
subpart. The provisions of this subpart are not applicable to such 
loans. Future changes to this subpart will not be made applicable to 
such loans.
    (d) The District Office will normally be the entry point for 
preapplications and serve as a local point. Applications will be filed 
with the District Office and loans will be processed to the maxium 
extent possible by the District Office staff. The applicant's governing 
body should designate one person to coordinate the activities of its 
engineer, architect, attorney, and any other professional employees and 
to act as contact person during loan processing. Agency personnel should 
make every effort to involve the applicant's contact person when meeting 
with the applicant's professional consultants and/or agents. The State 
Office staff will monitor community programs loanmaking and servicing, 
and will provide assistance to District Office personnel to the extent 
necessary to assure that the activities are being accomplished in an 
orderly manner consistent with Agency regulations.
    (e) The Office of Management and Budget (OMB) issued guidance on 
Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards at 2 CFR part 200 on December 26, 2013. 
In 2 CFR 400.1, the Department adopted OMB's guidance in subparts A 
through F of 2 CFR part 200 as the Department's policies and procedures 
for uniform administrative requirements, cost principles, and audit 
requirements for federal awards. As a result, this regulation contains 
references to 2 CFR part 200 as it has regulatory effect for the 
Department's programs and activities.

[50 FR 7296, Feb. 22, 1985, as amended at 52 FR 38908, Oct. 20, 1987; 52 
FR 43725, Nov. 16, 1987; 52 FR 47097, Dec. 11, 1987; 57 FR 21193, May 
19, 1992; 58 FR 226, Jan. 5, 1993; 62 FR 33510, June 19, 1997; 68 FR 
65830, Nov. 24, 2003; 79 FR 76007, Dec. 19, 2014; 81 FR 43935, July 6, 
2016]



Sec.  1942.2  Processing applications.

    (a) Preapplications. (1) The District Office may handle initial 
inquiries and provide basic information about the program. They are to 
provide the

[[Page 44]]

preappllcation, SF 424.2, ``Application for Federal Assistance (For 
Construction).'' The District Director will assist applicants as needed 
in completing SF 424.2, and in filing written notice of intent and 
priority recommendation with the appropriate clearinghouse. The District 
Director will inform the applicant that it may be necessary to apply for 
credit from commercial sources. It will be explained that if credit for 
the project is available from commercial sources at reasonable rates and 
terms the applicant is not eligible for RD financing. The District 
Director will meet with the applicant, whenever appropriate to discuss 
RD preapplication processing. Guidance and assistance will be provided 
by the State Director, as needed, for orderly application processing. 
The District Director will determine that the preapplication is property 
completed and fully reviewed. The District Director will then forward to 
the State Director:
    (i) Eligibility determination and recommendations.
    (ii) One copy of SF 424.2.
    (iii) State intergovernmental review comments and recommendations 
(clearinghouse comments), as outlined in 2 CFR part 400, if applicable.
    (iv) Priority recommendations.
    (v) Supporting documentation necessary to make an eligibility 
determination such as financial statements, audits, or copies of 
organizational documents or existing debt instruments. The District 
Director will advise applicants on what documents are necessary. 
Applicants should not be required to expend significant amounts of money 
or time developing supporting documentation at the preapplication stage.
    (2) The State Director will review each SF 424.2 along with other 
information that is deemed necessary to determine whether financing from 
commercial sources at reasonable rates and terms is available. If credit 
elsewhere is indicated, the State Director will instruct the District 
Director to so inform the applicant and recommend the applicant apply to 
commercial sources for financing. Projects may be funded jointly with 
other lenders provided the requirements of Sec.  1942.17 (g) of this 
subpart are met. Joint financing occurs when two or more lenders make 
separate loans to supply the funds required by one applicant for a 
project.
    (i) In order to provide a basis for referral of preapplications of 
only those applicants who may be able to finance projects through 
commercial sources, State Directors should maintain liaison with 
representatives of banks, investment bankers, financial advisors, and 
other lender representatives in the State. State Directors with their 
assistance, should maintain criteria for determining preapplications 
which should be referred to commercial lenders. A list of lender 
representatives interested in receiving such referrals should be 
maintained.
    (ii) The State Director shall maintain a working relationship with 
the State Office or official that has been designated as the single 
point of contact for the intergovernmental review process and give full 
consideration to their comments when selecting preapplications to be 
processed.
    (iii) The State Director will review the District Director's 
eligibility determination and recommendations in sufficient time for the 
District Director's use in preparing and issuing Form AD-622.
    (iv) Form AD-622 will be prepared by the District Director within 
forty-five (45) calendar days from receipt of the preapplication by RD, 
stating the results of the review action. The original will be signed 
and delivered to the applicant with a copy to the State Director.
    (3) For preapplications eligible for Agency funding which have the 
necessary priority to compete with similar preapplications, the Agency 
will issue Form AD-622 inviting an application containing the following 
statement:

    You are advised against taking any actions or incurring any 
obligations which would either limit the range of alternatives to be 
considered, or which would have an adverse effect on the environment. 
Satisfactory completion of the environmental review process must occur 
prior to the issuance of the letter of conditions.

    (4) The following statement must be added to Form AD-622 when 
notifying preapplicants who are eligible, but do not have the priority 
necessary for further consideration at this time:


[[Page 45]]


    You are advised against incurring obligations which would limit the 
range of alternatives to be considered, or which cannot be fulfilled 
without Rural Development funds until the funds are actually made 
available. Therefore, you should refrain from such actions as initiating 
engineering and legal work, taking actions which would have an adverse 
effect on the environment, taking options on land rights, developing 
detailed plans and specifications, or inviting construction bids until 
notified by Rural Development to proceed.

    (b) Environmental review requirements. Loans made under this subpart 
must comply with the environmental review requirements in accordance 
with 7 CFR part 1970. Starting with the earliest discussions with 
prospective applicants or review of pre-applications and continuing 
through application processing, environmental issues must be considered.
    (c) Applications. The District Director should assist the applicant 
in application assembly and processing.
    (1) State Directors should have applications in process representing 
approximately 150 percent of the current State allocation.
    (2) The application docket will include SF 424.2, and related forms, 
materials, and information. The application will be assembled in 
accordance with guide 15 of this subpart or State guides developed under 
Sec.  1942.16 of this subpart.
    (3) When an applicant is notified to proceed with an application, 
the District Director should arrange for a conference with the applicant 
to provide copies of appropriate appendices and forms; furnish guidance 
necessary for orderly application processing; and to initiate a 
processing checklist for establishing a time schedule for completing 
items using Form RD 1942-39, ``Processing Check List (Other Than Public 
Bodies),'' or Form RD 1942-40, ``Processing Check List (Public 
Bodies),'' or other checklist adopted for use in the State. The District 
Director will confirm decisions made at this conference by letter to the 
applicant and by a copy of the processing checklist. The original and a 
copy of the processing checklist will be retained in the District Office 
and a copy will be forwarded to the State Office. The original and copy 
of the checklist retained in the District Office will be kept current as 
application processing actions are taken. The copy will be sent to the 
State Office to use in updating its copy of this form. The State Office 
will then return the District Office's copy. As the application is being 
processed, and the need develops for additional conferences, the 
District Director will arrange with the applicant for such conference to 
extend and update the processing checklist.
    (d) Review of decision. If at any time prior to loan approval it is 
decided that favorable action will not be taken on a preapplication or 
application, the District Director will notify the applicant in writing 
of the reasons why the request was not favorably considered. The 
notification to the applicant will state that a review of this decision 
by Rural Development may be requested by the applicant under subpart B 
of part 1900 of this chapter. The following statement will also be made 
on all notifications of adverse action.

    The Federal Equal Credit Opportunity Act prohibits creditors from 
discriminating against credit applicants on the basis of race, color, 
religion, national origin, sex, marital status, age (provided that the 
applicant has the capacity to enter into a binding contract); because 
all or part of the applicant's income is derived from any public 
assistance program; or because the applicant has in good faith exercised 
any right under the Consumer Credit Protection Act. The Federal agency 
that administers compliance with this law is the Federal Trade 
Commission, Equal Credit Opportunity, Washington, DC 20580.

    (e) Joint funding. Rural Development may finance projects jointly 
with funds from other sources, such as, commercial/private lenders, 
Federal agencies, State and local Governments, etc. Other departments, 
agencies, and executive establishments of the Federal Government may 
participate and provide financial and technical assistance jointly with 
Rural Development to any applicant to whom Rural Development is 
providing assistance. The amount of participation by the other 
department, agency, or executive establishment shall only be limited by 
its authorities except that any limitation on joint participation itself 
is superseded by section 125 of Pub. L. 95-334 (Section

[[Page 46]]

347, Consolidated Farm and Rural Development Act, as amended).

[50 FR 7296, Feb. 22, 1985, as amended at 53 FR 6786, Mar. 3, 1988; 54 
FR 47197, Nov. 13, 1989; 55 FR 13503, 15304, Apr. 11, 1990; 57 FR 21194, 
May 19, 1992; 61 FR 6309, Feb. 20, 1996; 79 FR 76007, Dec. 19, 2014; 81 
FR 11030, Mar. 2, 2016]



Sec.  1942.3  Preparation of appraisal reports.

    When the loan approval official requires an appraisal, Form RD 442-
10, ``Appraisal Report--Water and Waste Disposal Systems,'' may be used 
with appropriate supplements. Form RD 442-10 may be modified as 
appropriate or other appropriate format may be used for facilities other 
than water and waste disposal. Appraisal reports prepared for use in 
connection with the purchase of existing essential community facilities 
or when required by Sec.  1942.17 (g)(2)(iii)(B)(2), (g)(3)(iii)(B)(2), 
and (j)(4) of this subpart, may be prepared by the RD engineer/architect 
or, if desired by the State Director, some other qualified appraiser. 
The loan approval official may require an applicant to provide an 
appraisal prepared by an independent qualified appraiser; however, the 
loan approval official must determine that the appraised value shown in 
such reports reflects the present market value.

[50 FR 7296, Feb. 22, 1985, as amended at 53 FR 6786, Mar. 3, 1988]



Sec.  1942.4  Borrower contracts.

    The State Director will, with assistance as necessary by the Office 
of the General Counsel (OGC), concur in agreements between borrowers and 
third parties such as contracts for professional and technical services 
and contracts for the purchase of water or treatment of waste. State 
Directors are expected to work closely with representatives of 
engineering and architectural societies, bar associations, commercial 
lenders, accountant associations, and others in developing standard 
forms of agreements, where needed, and other such matters in order to 
expedite application processing, minimize referrals to OGC, and resolve 
problems which may arise.



Sec.  1942.5  Application review and approval.

    (a) Procedures for review. The Rural Development staff review will 
proceed as applications are being developed. An overall review of the 
applicant's financial status, including a review of all assets and 
liabilities, will be a part of the docket review process by the staff 
and approval officials. The engineering/architect reports and associated 
data are to be reviewed by the Rural Development staff engineer or 
architect, as appropriate, as soon as available but prior to the 
District Director's completion of the project summary. During the review 
the District Director in all cases will make certain that no low income 
or minority community within the service area has been omitted or 
discouraged from participating in the proposed project. The District 
Director will also determine how the service area was defined to assure 
that gerrymandering of specific communities or areas has not occurred. 
The findings should be documented in the running record. Prior to 
presenting the assembled application to the approval official, the 
assembled application ordinarily will be processed in the following 
sequence:
    (1) The Rural Development manager will complete the project summary, 
including written analysis and recommendations, and will prepare a draft 
letter of conditions listing all the requirements that the applicant 
must agree to meet within a specific time.
    (i) Requirements listed in letters of conditions will include the 
following unless inappropriate due to the particular type of funding or 
entity involved: Maximum amount of loan and/or grant which may be 
considered, scheduling of payments, term of loan and any deferment of 
principal which may be allowed, reserve requirements, compliance with 
section 504 of the Rehabilitation Act of 1973, number of users (members) 
and verification required, contributions rates and charges, interim 
financing, disbursement of funds, security requirements, graduation 
requirements, debt collection policies execution of Form RD 1910-11, 
``Application Certification,

[[Page 47]]

Federal Collection Policies for Consumer or Commercial Debts,'' 
organization, business operations, insurance and bonding (including 
applicant/borrower and contractor), construction contract documents and 
bidding, accounts, records, and audit reports required (including 
requirements of OMB Circulars A-128 and A-110), adoption of Form RD 
1942-47, ``Loan Resolution (Public Bodies),'' for public bodies or Form 
RD 1942-9, ``Loan Resolution (Security Agreement),'' for other than 
public bodies, closing instructions, and other requirements.
    (ii) Each letter of conditions will contain the following 
paragraphs:

    This letter establishes conditions which must be understood and 
agreed to by you before further consideration may be given to the 
application. Any changes in the project cost, source of funds, scope of 
services, or any other significant changes in the project or applicant 
must be reported to and approved by RDwritten amendment to this letter. 
Any changes not approved by RD shall be cause for discontinuing 
processing of the application.
    This letter is not to be considered as loan approval or as 
representation to the availability of funds. The docket may be completed 
on the basis of a loan not to exceed $------.
    If (insert agency name) makes the loan, you may make a written 
request that the interest rate be the lower of the rate in effect at the 
time of loan approval or the time of loan closing. If you do not request 
the lower of the two interest rates, the interest rate charged will be 
the rate in effect at the time of loan approval. The loan will be 
considered approved on the date a signed copy of Form RD 1940-1, 
``Request for Obligation of Funds,'' is mailed to you. If you want the 
lower of the two rates, your written request should be submitted to RD 
as soon as practical. In order to avoid possible delays in loan closing 
such a request should ordinarily be submitted at least 30 calendar days 
before loan closing.
    Please complete and return the attached Form RD 1942-46, ``Letter of 
Intent to Meet Conditions,'' if you desire that further consideration be 
given your application.

    (iii) Rural Development Managers may add the following:

    If the conditions set forth in this letter are not met within ------ 
days from the date hereof, FmHA or its successor agency under Public Law 
103-354 reserves the right to discontinue the processing of the 
application.

    (2) The State staff engineer or architect, as appropriate, will 
include a written analysis and recommendations on the project summary.
    (3) The Chief, Community Programs or Community and Business 
Programs, will review the assembled application and include in the 
project summary a written analysis and recommendations, including the 
availability of other credit and other eligibility determinations. The 
draft letter of conditions will be reviewed and any necessary 
modifications made.
    (b) Project requiring National Office review. Prior National Office 
review is required for certain proposals (See subpart A of part 1901 of 
this chapter).
    (1) The Rural Development Manager should assemble applications for 
the National Office review in the following order from top to bottom and 
forward them to the State Director for review and recommedation prior to 
submission to the National Office:
    (i) Transmittal memorandum including:
    (A) Recommendation.
    (B) Date of expected obligation.
    (C) Any unusual circumstances.
    (ii) Copies of the following:
    (A) Proposed letter of conditions.
    (B) Applicable State Intergovernmental Review comments, if the 
program or activity has been selected under the State. RD Instruction 
1970-I, available in any Rural Development office.
    (C) Community Facilities Project Summary.
    (D) Preliminary architectural or engineering report.
    (E) Form RD 442-3, ``Balance Sheet,'' or a financial statement or 
audit that includes a balance sheet.
    (F) For other essential community facility loan applicants whose 
proposals do not meet the assured income or tax based security 
requirements of Sec.  1942.17 (g)(2)(iii) and (g)(3)(iii) of this 
subpart, financial information for the last five years of operation will 
be submitted if available. The type of financial information to be 
submitted should be determined based on what is available and the 
following order of preference:
    (1) Complete audits;

[[Page 48]]

    (2) Unaudited financial statements including balance sheets and 
statements of income and expenses;
    (3) Lists of income and expenses.
    (G) For other essential community facility loans secured under 
paragraph (b)(1)(ii)(F) of this section, submit a detailed explanation 
of the proposed security; evidence that the application cannot be 
processed and the loan secured under paragraph (b)(1)(ii)(F) of this 
section; evidence supporting the efforts by the applicant in persuading 
appropriate public bodies to provide the proposed facility and services 
and the results, and comments of the Regional Attorney concurring in the 
applicants' legal authority to give the proposed security.
    (H) Financial Feasibility Report when required by Sec.  1942.17 
(h)(1).
    (I) Proposed lease agreements, management agreements, or other 
agreements when facility management will be provided by other than the 
applicant.
    (J) Other forms and documents on which there are specific questions.
    (K) Environmental impact analysis and documentation.
    (2) For applications to be reviewed in the State or field, at least 
those items in paragraph (b)(1)(ii) of this section, should be 
available.
    (c) For all applications. All letters of conditions will be 
addressed to the applicant, signed by the Rural Development Manager or 
other Agency representative designated by the State Director, and 
delivered to the applicant. Upon signing the letter of conditions, the 
Rural Development Manager will send two copies of the letter of 
conditions and two copies of the project summary to the State Director. 
The State Director will immediately send one copy of the project summary 
and a copy of the letter of conditions to the National Office, 
Attention: Community Programs. The Rural Development Manager, with 
assistance as needed from the State Office, will discuss the 
requirements of the letter of conditions with the applicant's 
representatives and afford them an opportunity to execute Form RD 1942-
46.
    (1) The letter of conditions should not ordinarily be issued unless 
the State Director expects to have adequate funds in the State 
allocation to fund the project within the next 12 months based on 
historic allocations or other reliable projections.
    (2) If the applicant declines to execute Form RD 1942-46, the Rural 
Development Manager will immediately notify the State Director and 
provide complete information as to the reasons for such declination.
    (3) If the applicant accepts the letter of conditions, the Rural 
Development Manager will forward the executed Form RD 1942-46 and a 
signed and an unsigned copy of Form RD 1940-1 to the State Director.
    (d) Loan approval and obligating funds. Loans will be approved under 
this subpart and subpart A of part 1901 of this chapter (available in 
any Rural Development office). The loan will be considered approved on 
the date the signed copy of Form RD 1940-1 is mailed to the applicant. 
The State Director or designee may request an obligation of funds when 
available within their State allocation and according to the following:
    (1) Form RD 1940-1, authorizing funds to be reserved, may be 
executed by the loan approval official providing the applicant has the 
legal authority to contract for a loan and to enter into required 
agreements and has signed Form RD 1940-1.
    (2) If approval was concurred in by the National Office, a copy of 
the concurring memorandum will be attached to the original of Form RD 
1940-1.
    (3) The State Director or designee will request an obligation of 
loan and/or grant funds via the automated terminal system after signing 
Form RD 1940-1. The requesting official will furnish security 
identification as necessary. The requesting official will record the 
date, time of request, and their initials on the original Form RD 1940-
1.
    (4) The date the applicant is notified of loan and/or grant approval 
is six working days from the date funds are reserved unless an exception 
is granted by the National Office.
    (5) Immediately after verifying that funds have been reserved, 
utilizing the Rural Development Field Office terminal system status 
inquiry function,

[[Page 49]]

the State Director or designee will notify by telephone, the Legislative 
and Public Affairs Staff in the Rural Development National Office as 
required by RD Instruction 2015-C, ``Announcement of Approval of Loans, 
Grants, or Guaranteed Loans for Rural Project,'' (available in any FmHA 
or its successor agency under Public Law 103-354 State Office).
    (6) Loan approval and applicant notification will be accomplished by 
the State Director or designee by mailing to the applicant, 6 working 
days from the obligation date, a copy of Form RD 1940-1 which has been 
previously signed by the applicant and loan approval official. The date 
the applicant is notified is also the date the interest rate at loan 
approval is established. The State Director or designee will record the 
date of applicant notification and the interest rate in effect at that 
time on the original of Form RD 1940-1 and include it as a permanent 
part of the District Director project file with a copy placed in the 
State Office file.
    (7) If a transfer of obligation of funds is necessary, complete Form 
RD 450-10, ``Advice of Borrower's Change of Address, Name, Case Number, 
or Loan Number,'' and process via the Rural Development Field Office 
terminal system. An obligation of funds established for an applicant may 
be transferred to a different (substituted) applicant provided:
    (i) The substituted applicant is eligible to receive the assistance 
approved for the original applicant; and
    (ii) The substituted applicant bears a close and genuine 
relationship to the original applicant (such as two organizations that 
are controlled by the same individuals); and
    (iii) The need for and scope of the project and the purpose(s) for 
which Rural Development funds will be used remain substantially 
unchanged.

[50 FR 7296, Feb. 22, 1985, as amended at 50 FR 33332, Aug. 19, 1985; 50 
FR 43378, Oct. 25, 1985; 53 FR 6787, Mar. 3, 1988; 54 FR 47196, Nov. 13, 
1989; 63 FR 16089, Apr. 2, 1998; 67 FR 60584, Sept. 27, 2002; 67 FR 
63019, Oct. 9, 2002; 76 FR 80730, Dec. 27, 2011; 79 FR 76007, Dec. 19, 
2014; 79 FR 55967, Sept. 18, 2014]

    Editorial Note: At 80 FR 9879, Feb. 24, 2015, Sec.  1942.5 was 
amended in paragraph (a)(1)(ii) by removing ``FmHA or its successor 
agency under Public Law 103-354 reserves'' and adding ``Rural 
Development reserves'' in its place; however, the amendment could not be 
incorporated because the phrase did not exist in the paragraph.



Sec.  1942.6  Preparation for loan closing.

    (a) Obtaining closing instructions. Completed dockets will be 
reviewed by the State Director. The information required by OGC will be 
transmitted to OGC with a request for closing instructions. Upon receipt 
of the closing instructions from OGC, the State Director will forward 
them along with any appropriate instructions to the District Director. 
Upon receipt of closing instructions, the District Director will discuss 
with the applicant and its architect or engineer, attorney, and other 
appropriate representatives, the requirements contained therein and any 
actions necessary to proceed with closing.
    (b) Verification of users and other funds. (1) In connection with a 
loan for a utility type project to be secured by a pledge of user fees 
or revenues, the District Director will authenticate the number of users 
prior to loan closing or the commencement of construction, whichever 
occurs first. Such individual will review each signed user agreement and 
check evidence of cash contributions. If during the review any 
indication is received that all signed users may not connect to the 
system, there will be such additional investigation made as deemed 
necessary to determine the number of users who will connect to the 
system. The District Director will record the determination in a 
memorandum to the State Director.
    (2) In all cases the availability and amounts of other funds to be 
used in the project will be verified by Rural Development.
    (c) Initial compliance review. An initial compliance review should 
be completed under subpart E of part 1901 of this chapter.
    (d) Ordering loan checks. Checks will not be ordered until:
    (1) The applicant has complied with approval conditions and closing 
instructions, except for those actions which are to be completed on the 
date of loan closing or subsequent thereto; and

[[Page 50]]

    (2) The applicant is ready to start construction or funds are needed 
to pay interim financing obligations.
    (e) Multiple advances of Rural Development funds. When Rural 
Development provides loan funds during the construction period using 
interim (temporary) instruments described in Sec.  1942.19(g) of this 
subpart, the following action will be taken prior to the issuance of the 
permanent instruments:
    (1) The Finance Office will be notified of the anticipated date for 
retirement of the interim instruments and issuance of permanent 
instruments of debt.
    (2) The Finance Office will prepare a statement of account including 
accrued interest through the proposed date of retirement and also show 
the daily interest accrual. The statement of account and the interim 
financing instruments will be forwarded to the District Director.
    (3) The District Director will collect interest through the actual 
date of the retirement and obtain the permanent instrument(s) of debt in 
exchange for the interim financing instruments. The permanent 
instruments and the cash collection will be forwarded to the Finance 
Office immediately, except that for promissory notes and single 
instrument bonds fully registered as to principal and interest, the 
original will be retained in the District Office and a copy will be 
forwarded to the Finance Office. In developing the permanent 
instruments, the sequence of preference set out in Sec.  1942.19(e) of 
this subpart will be followed.

[50 FR 7296, Feb. 22, 1985, as amended at 53 FR 6787, Mar. 3, 1988; 53 
FR 26589, July 14, 1988]



Sec.  1942.7  Loan closing.

    Loans will be closed in accordance with the closing instructions 
issued by the OGC and Sec.  1942.17(o) of this subpart and as soon as 
possible after receiving the check.
    (a) Authority to execute, file, and record legal instruments. Area 
Office employees are authorized to execute and file or record any legal 
instruments necessary to obtain or preserve security for loans.
    (b) Preparation of mortgages. Unless otherwise required by State law 
or unless an exception is approved by the State Director with advice of 
the OGC, only one mortgage will be taken even though the indebtedness is 
to be evidenced by more than one instrument.
    (c) Source of funds for insured loans. All loans will be made from 
the Rural Development Insurance Fund (RDIF).
    (d) Unused funds. Obligated funds planned for project development 
which remain after all authorized costs have been provided for will be 
disposed of in accordance with Sec.  1942.17(p)(6) of this subpart.
    (e) Loan disbursements. Whenever a loan disbursement is received, 
lost, or destroyed, the Rural Development Manager will take appropriate 
actions outlined in Rural Development Instruction 2018-D.
    (f) Supervised bank accounts. Supervised bank accounts will be 
handled under subpart A of part 1902 of this chapter.

[50 FR 7296, Feb. 22, 1985, as amended at 53 FR 6787, Mar. 3, 1988; 59 
FR 54788, Nov. 2, 1994; 68 FR 61331, Oct. 28, 2003; 70 FR 19253, Apr. 
13, 2005]



Sec.  1942.8  Actions subsequent to loan closing.

    (a) Mortgages. Real estate or chattel mortages or security 
instruments will be delivered to the recording office for recordation or 
filing, as appropriate. A copy of such instruments will be delivered to 
the borrower. The original instrument, if returnable after recording or 
filing, will be retained in the borrower's case folder.
    (b) Notes and bonds. When the debt instrument is a promissory note 
or single instrument bond fully registered as to principal and interest, 
a conformed copy will be sent to the Finance Office immediately after 
loan closing and the original instrument will be stored in the District 
Office. When other types of bonds are used, the original bond(s) will be 
forwarded to the Finance Office immediately after loan closing.
    (c) Multiple advances--bond(s). When temporary paper, such as bond 
anticipation notes or interim receipts, is used to conform with the 
multiple advance requirement, the original temporary paper will be 
forwarded to the

[[Page 51]]

Finance Office after each advance is made to the borrower. The 
borrower's case number will be entered in the upper righthand corner of 
such paper by the District Office. The permanent debt instrument(s) 
should be forwarded to the Finance Office as soon as possible after the 
last advance is made except that for promissory notes and single 
instrument bonds fully registered as to principal and interest, the 
original will be retained in the District Office and a copy will be 
forwarded to the Finance Office.
    (d) Bond registration record. Form RD 442-28, ``Bond Registration 
Book,'' may be used as a guide to assist borrowers in the preparation of 
a bond registration book in those cases where a registration book is 
required and a book is not provided in connection with the printing of 
the bonds.
    (e) Disposition of title evidence. All title evidence other than the 
opinion of title, mortgage title insurance policy, and water stock 
certificates will be returned to the borrower when the loan has been 
closed.
    (f) Material for State Office. When the loan has been closed, the 
District Director will submit to the State Director:
    (1) The complete docket; and
    (2) A statement covering information other than the completion of 
legal documents showing what was done in carrying out loan closing 
instructions.
    (g) State Office review of loan closing. The State Director will 
review the District Director's statement concerning loan closing, the 
security instruments, and other documents used in closing to determine 
whether the transaction was closed properly. All material submitted by 
the District Director, including the executed contract documents (if 
required by OGC) with the certification of the borrower's attorney, 
along with a statement by the State Director that all administrative 
requirements have been met, will be referred to OGC for post-closing 
review. OGC will review the submitted material to determine whether all 
legal requirements have been met. OGC's review of Rural Development's 
standard forms will be only for proper execution thereof, unless the 
State Director brings specific questions or deviations to the attention 
of OGC. It is not expected that facility development including 
construction will be held up pending receipt of the opinion from OGC. 
When the opinion from OGC is received, the State Director will advise 
the District Director of any deficiencies that must be corrected and 
return all material that was submitted for review.
    (h) Safeguarding bond shipments. Rural Development's personnel will 
follow the procedures for safeguarding mailings and deliveries of bonds 
and coupons outlined in FmHA Instruction 2018-E (available in any FmHA 
or its successor agency under Public Law 103-354 office), whenever they 
mail or deliver these items.
    (i) Water stock certificates. Water stock certificates will be filed 
in the loan docket in the District Office.

[50 FR 7296, Feb. 22, 1985, as amended at 53 FR 6787, Mar. 3, 1988]

    Editorial Note: At 80 FR 9879, Feb. 24, 2015, Sec.  1942.8 was 
amended in paragraph (h) by removing ``FmHA or its successor agency 
under Public Law 103-354 Instruction'' and adding ``RD Instruction'' in 
its place; however, the amendment could not be incorporated because the 
phrase did not occur in the paragraph.



Sec.  1942.9  Planning, bidding, contracting, and constructing.

    (a) Review of construction plans and specifications. All plans and 
specifications will be submitted as soon as available to the State 
Office for review and comments.
    (b) Contract approval. The State Director or designee is responsible 
for approving all construction contracts using legal advice and guidance 
of OGC as necessary. The National Office must concur with the use of a 
contracting method under Sec.  1942.18(l) of this subpart exceeding 
$250,000. When an applicant requests such concurrence, the State 
Director will submit the following to the National Office:
    (1) State Director's and Rural Development engineer/architect's 
comments and recommendations, and if noncompetitive negotiation per 
Sec.  1942.18(k)(4) is accepted by the Agency, submit an evaluation of 
previous work of the proposed construction firm.

[[Page 52]]

    (2) Regional attorney's opinion and comments regarding the legal 
adequacy of the proposed procurement method and proposed contract 
documents.
    (3) Copy of owner's written request and description of the 
procurement method proposed.
    (4) Copy of the proposed contract.
    (c) Bid irregularities. Any irregularities in the bids received or 
other matters pertaining to the contract award having legal implications 
will be cleared with OGC before the State Director consents to the 
contract award.
    (d) Noncompliance. State Directors, upon receipt of information 
indicating borrowers or their officers, employees, or agents are not 
performing in compliance with Sec.  1942.18(j)(1) of this subpart, may 
request the Regional Office of the Inspector General (OIG) to 
investigate the matter and provide a report. The State Director is 
responsible for resolving the issue.

[50 FR 7296, Feb. 22, 1985, as amended at 53 FR 6787, Mar. 3, 1988; 77 
FR 29539, May 18, 2012]



Sec.  1942.10  Strategic economic and community development.

    Applicants with projects that support the implementation of 
strategic economic development and community development plans are 
encouraged to review and consider 7 CFR part 1980, subpart K, which 
contains provisions for providing priority to projects that support the 
implementation of strategic economic development and community 
development plans on a Multi-jurisdictional basis.

[81 FR 10457, Mar. 1, 2016]



Sec.  1942.11  [Reserved]



Sec.  1942.12  Loan cancellation.

    Loans which have been approved and obligations which have been 
established may be canceled before closing as follows:
    (a) Form Rural Development 1940-10, ``Cancellation of U.S. Treasury 
Check and/or Obligation.'' The Rural Development Manager or State 
Director may prepare and execute Form Rural Development 1940-10, 
Cancellation of U.S. Treasury Check and/or Obligation, in accordance 
with the Forms Manual Insert (FMI). If the disbursement has been 
received or is subsequently received in the Area Office, the Rural 
Development Manager will return it as prescribed in Rural Development 
Instruction 2018-D.
    (b) Notice of cancellation. If the docket has been forwarded to 
Office of General Counsel that office will be notified of the 
cancellation by copy of Form Rural Development 1940-10. Any application 
for title insurance, if ordered, will be cancelled. The borrower's 
attorney and engineer/architect, if any, should be notified of the 
cancellation. The Rural Development Manager may provide the borrower's 
attorney and engineer/architect with a copy of the notification to the 
applicant. The State Director will notify the Director of Legislative 
Affairs and Public Information by telephone or electronic mail and give 
the reasons for such cancellation.

[50 FR 7296, Feb. 22, 1985, as amended at 53 FR 26589, July 14, 1988; 54 
FR 39727, Sept. 28, 1989; 59 FR 54788, Nov. 2, 1994; 70 FR 19254, Apr. 
13, 2005]



Sec.  1942.13  Loan servicing.

    Loans will be serviced under subpart E of part 1951 of this chapter.



Sec.  1942.14  Subsequent loans.

    Subsequent loans will be processed under this subpart.



Sec.  1942.15  Delegation and redelegation of authority.

    The State Director is responsible for implementing the authorities 
in this subpart and for issuing State supplements redelegating 
authorities. Loan and grant approval authority is in Subpart A of Part 
1901 of this chapter. Except for loan and grant approval authority, 
Rural Development Manager may redelegate their duties to qualified staff 
members.

[70 FR 19254, Apr. 13, 2005]



Sec.  1942.16  State supplements and guides.

    State Directors will obtain National Office clearance for all State 
supplements and guides under RD Instruction 2006-B (available in any 
Rural Development office).

[[Page 53]]

    (a) State supplements. State Directors may supplement this subpart 
to meet State and local laws and regulations and to provide for orderly 
application processing and efficient service to applicants. State 
supplements shall not contain any requirements pertaining to bids, 
contract awards, and materials more restrictive than those in Sec.  
1942.18 of this subpart.
    (b) State guides. State Directors may develop guides for use by 
applicants if the guides to this subpart are not adequate. State 
Directors may prepare guides for items needed for the application; items 
necessary for the docket; and items required prior to loan closing or 
start of construction.



Sec.  1942.17  Community facilities.

    (a) General. This section includes information and procedures 
specifically designed for use by applicants, including their 
professional consultants and/or agents who provide such assistance and 
services as architectural, engineering, financial, legal, or other 
services related to application processing and facility planning and 
development. This section is made available as needed for such use. It 
includes Rural Development policies and requirements pertaining to loans 
for community facilities. It provides applicants with guidance for use 
in proceeding with their application. Rural Development shall cooperate 
fully with appropriate State agencies to give maximum support of the 
State's strategies for development of rural areas.
    (b) Eligibility. Financial assistance to areas or communities 
adjacent to, or closely associated with, nonrural areas is limited by 
Sec.  1942.17(c) of this subpart.
    (1) Applicant. (i) A public body, such as a municipality, county, 
district, authority, or other political subdivision of a state.
    (A) Loans for water or waste disposal facilities will not be made to 
a city or town with a population in excess of 10,000 inhabitants. The 
population figure is obtained from the most recent decennial Census of 
the United States (decennial Census). If the applicable population 
figure cannot be obtained from the most recent decennial Census, RD will 
determine the applicable population figure based on available population 
data.
    (B) Loans for essential community facilities will not be made to a 
city or town with a population in excess of 20,000 inhabitants according 
to the most recent decennial Census.
    (ii) An organization operated on a not-for-profit basis, such as an 
association, cooperative, and private corporation. Applicants organized 
under the general profit corporation laws may be eligible if they 
actually will be operated on a not-for-profit basis under their charter, 
bylaws, mortgage, or supplemental agreement provisions as may be 
required as a condition of loan approval. Essential community facility 
applicants other than utility-type must have significant ties with the 
local rural community. Such ties are necessary to ensure to the greatest 
extent possible that a facility under private control will carry out a 
public purpose and continue to primarily serve rural areas. Ties may be 
evidenced by items such as:
    (A) Association with or controlled by a local public body or bodies, 
or broadly based ownership and controlled by members of the community.
    (B) Substantial public funding through taxes, revenue bonds, or 
other local Government sources, and/or substantial voluntary community 
funding, such as would be obtained through a community-wide funding 
campaign.
    (iii) Indian tribes on Federal and State reservations and other 
Federally recognized Indian tribes.
    (2) Facility. (i) Facilities must be located in rural areas, except 
for utility-type services such as water, sewer, natural gas, or 
hydroelectric, serving both rural and non-rural areas. In such cases, 
Rural Development funds may be used to finance only that portion serving 
rural areas, regardless of facility location.
    (ii) Essential community facilities must primarily serve rural 
areas.
    (iii) For water or waste disposal facilities, the terms rural and 
rural area will not include any area in any city or town with a 
population in excess of 10,000 inhabitants. The population figure is 
obtained from the most recent decennial Census. If the applicable 
population figure cannot be obtained from

[[Page 54]]

the most recent decennial Census, RD will determine the applicable 
population figure based on available population data.
    (iv) For essential community facilities, the terms rural and rural 
area will not include any area in any city or town with a population in 
excess of 20,000 inhabitants. The population figure is obtained from the 
most recent decennial Census. If the applicable population figure cannot 
be obtained from the most recent decennial Census, RD will determine the 
applicable population figure based on available population data.
    (3) Credit elsewhere. Applicants must certify in writing and Rural 
Development shall determine and document that the applicant is unable to 
finance the proposed project from their own resources or through 
commercial credit at reasonable rates and terms.
    (4) Legal authority and responsibility. Each applicant must have or 
will obtain the legal authority necessary for constructing, operating, 
and maintaining the proposed facility or service and for obtaining, 
giving security for, and repaying the proposed loan. The applicant shall 
be responsible for operating, maintaining, and managing the facility, 
and providing for its continued availability and use at reasonable rates 
and terms. This responsibility shall be exercised by the applicant even 
though the facility may be operated, maintained, or managed by a third 
party under contract, management agreement, or written lease. Leases may 
be used when this is the only feasible way to provide the service and is 
the customary practice. Management agreements should provide for at 
least those items listed in guide 24 of this subpart (available in any 
Rural Development office). Such contracts, management agreements, or 
leases must not contain options or other provisions for transfer of 
ownership.
    (5) Refinancing debt. The Government shall require an agreement that 
if at any time it shall appear to the Government that the borrower is 
able to refinance the amount of the indebtedness then outstanding, in 
whole or in part, by obtaining a loan for such purposes from responsible 
cooperative or private credit sources, at reasonable rates and terms for 
loans for similar purposes and periods of time, the borrower will, upon 
request of the Government, apply for and accept such loan in sufficient 
amount to repay the Government and will take all such actions as may be 
required in connection with such loan.
    (6) Expanded eligibility for timber-dependent communities in Pacific 
Northwest. In the Pacific Northwest, defined as an area containing 
national forest covered by the Federal document entitled, ``Forest Plan 
for a Sustainable Economy and a Sustainable Environment,'' dated July 1, 
1993; the population limits contained Sec.  1942.17(b) are expanded to 
include communities with not more than 25,000 inhabitants until 
September 30, 1998, if:
    (i) Part or all of the community lies within 100 miles of the 
boundary of a national forest covered by the Federal document entitled, 
``Forest Plan for a Sustainable Economy and a Sustainable Environment,'' 
dated July 1, 1993; and
    (ii) The community is located in a county in which at least 15 
percent of the total primary and secondary labor and proprietor income 
is derived from forestry, wood products, or forest-related industries 
such as recreation and tourism.
    (c) Priorities--(1) Truly rural areas. Rural Development program 
assistance will be directed toward truly rural areas and rural 
communities. Normally, priority will not be given to preapplications for 
projects that will serve other than truly rural areas. Truly rural areas 
are areas other than densely settled areas or communities adjacent to, 
or closely associated with, a city or town with a population exceeding 
10,000 residents for water or waste disposal assistance, or 20,000 
residents for essential community facility assistance. When determining 
whether a rural area or rural community is adjacent to, or closely 
associated with, a city or town with a population exceeding 10,000 
residents for water and waste disposal, or 20,000 residents for 
essential community facility assistance, minor open spaces such as those 
created by physical or legal barriers, commercial or industrial 
development, parks, areas reserved for convenience

[[Page 55]]

or appearance, or narrow strips of cultivated land, will be disregarded. 
An area or community shall be considered adjacent to or closely related 
with a nonrural area when it constitutes for general, social, and 
economic purposes a single community having a contiguous boundary.
    (2) Project selection process. The following paragraphs indicate 
items and conditions which must be considered in selecting 
preapplications for further development. When ranking eligible 
preapplications for consideration for limited funds, Rural Development 
officials must consider the priority items met by each preapplication 
and the degree to which those priorities are met, and apply good 
judgement.
    (i) Preapplications. The preapplication and supporting information 
submitted with it will be used to determine the proposed project's 
priority for available funds.
    (ii) State Office review. All preapplications will be reviewed and 
scored and Form AD-622, ``Notice of Preapplication Review Action,'' 
issued within the time limits in Sec.  1942.2(a)(2)(iv) of this subpart. 
When considering authorizing the development of an application for 
funding, the State Director should consider the remaining funds in the 
State allocation, and the anticipated allocation of funds for the next 
fiscal year as well as the amount of time necessary to complete that 
application. Applicants whose preapplications are found to be ineligible 
will be so advised. These applicants will be given adverse notice 
through Form AD-622 and advised of their appeal rights under subpart B 
of part 1900 of this chapter. Those applicants with eligible lower 
scoring preapplications which obviously cannot be funded within an 
eighteen month period of time, and are not within 150 percent of the 
State's allocation, should be notified that funds are not available; and 
requested to advise whether they wish to have their preapplication 
maintained in an active file for future consideration. The State 
Director may request an additional allocation of funds from the National 
Office for such preapplications. Such requests will be considered along 
with all others on hand.
    (iii) Selection priorities. The priorities described below will be 
used by the State Director to rate preapplications. The priorities 
should be applied to water and waste disposal or community facilities 
preapplications as directed. The format found in part I of guide 26 of 
this subpart should be followed in scoring each preapplication. A copy 
of the score sheet should be placed in the case file for future 
reference.
    (A) Population priorities. The following priorities apply to both 
Water and Waste Disposal and Community Facilities preapplications. 
Points will be distributed as indicated.
    (1) The proposed project is located in a rural community having a 
population not in excess of 2,500--25 points.
    (2) The proposed project is located in a rural community having a 
population not in excess of 5,500--20 points. (Points under this 
priority should not be assigned to a preapplication if points were 
assigned under paragraph (c)(2)(iii) (A)(1) of this section.)
    (B) Health priorities. Points will be distributed as indicated.
    (1) Water and Waste Disposal preapplications only. The proposed 
project is:
    (i) Needed to alleviate the sudden unexpected diminution or 
deterioration of a water supply, or to meet health or sanitary standards 
which pertain to a community's water supply--25 points.
    (ii) Required to correct an inadequate waste disposal system due to 
unexpected occurrences, or to meet health or sanitary standards which 
pertain to a community's waste disposal system--25 points.
    (2) Community Facility preapplication only. The proposed project is 
required either to correct a health or sanitary problem, or to meet a 
health or sanitary standard--25 points.
    (C) Income priorities. The following priorities apply to both Water 
and Waste Disposal and Community Facilities preapplications. Points will 
be distributed as indicated. The median income of the population to be 
served by the proposed facility is:
    (1) Less than the poverty line for a family of four, as defined in 
Section 673(2) of the Community Services Block

[[Page 56]]

Grant Act (42 U.S.C. 9902(2)), or less than 80 percent of the statewide 
nonmetropolitan median household income--25 points.
    (2) Equal to or more than the poverty line and between 80% and 100%, 
inclusive, of the State's nonmetropolitan median household income--20 
points.
    (D) Other factors. Points will be distributed as indicated.
    (1) Water and Waste Disposal preapplications only. The proposed 
project will: merge ownership, management, and operation of smaller 
facilities providing for more efficient management and economical 
service; and/or enlarge, extend, or otherwise modify existing facilities 
to provide service to additional rural residents--10 points.
    (2) Community Facilities preapplications only. The purpose of the 
proposed project is to construct, enlarge, extend or otherwise improve 
the following types of facilities. (Select only the factor most 
applicable to the proposed project.)
    (i) Public safety--10 points. (Examples include police services and 
fire, rescue and ambulance services as authorized by subpart C of this 
part 1942.)
    (ii) Health care--5 points. (Examples include clinics, nursing 
homes, convalescent facilities, and hospital projects designed to make 
the facility conform with life/safety codes, medicare and medicaid 
requirements, and minor expansions needed to meet the immediate 
requirements of the community. Points under this authority should not be 
awarded to a preapplication if points were awarded under Sec.  
1942.17(c)(2)(iii)(B)(2) of this subpart.)
    (3) Water and Waste Disposal and Community Facilities 
preapplications.
    (i) Applicant is a public body or Indian tribe--5 points.
    (ii) Project is located in a ``truly rural area'' as described in 
Sec.  1942.17(c)(1) of this subpart--10 points.
    (iii) Amount of joint financing committed to the project is:
    (a) 20% or more private, local or state funds except federal funds 
channeled through a state agency--10 points.
    (b) 5%-19% private, local or state funds except federal funds 
channeled through a state agency--5 points.
    (E) In certain cases the State Director may assign up to 15 points 
to a preapplication, in addition to those that may be scored under 
paragraphs (c)(2)(iii) (A) through (D), of this section. These points 
are primarily intended to address an unforeseen exigency or emergency, 
such as the loss of a community facility due to accident or natural 
disaster or the loss of joint financing if Rural Development funds are 
not committed in a timely fashion. However, the points may also be 
awarded to projects in order to improve compatibility/coordination 
between Rural Development's and other agencies' selection systems and to 
assist those projects that are the most cost effective. A written 
justification must be prepared and placed in the project file each time 
the State Director assigns these points.
    (iv) Results of State Office review. After completing the review, 
the State Director will normally select the eligible preapplications 
with the highest scores for further processing. In cases where 
preliminary cost estimates indicate that an eligible, high scoring 
preapplication is unfeasible or would require an amount of funding from 
Rural Development that exceeds either 25 percent of a State's current 
annual allocation or an amount greater than that remaining in the 
State's allocation, the State Director may instead select the next lower 
scoring preapplication(s) for futher processing provided the high 
scoring applicant is notified of this action and given an opportunity to 
revise the proposal and resubmit it. If it is found that there is no 
effective way to reduce costs, the State Director, after consultation 
with applicant, may submit a request for an additional allocation of 
funds for the proposed project to the National Office. The request 
should be submitted during the fiscal year in which obligation is 
anticipated. Such request will be considered along with all others on 
hand. A written justification must be prepared and placed in the project 
file when an eligible preapplication with a higher rating is not 
selected for further processing. The State Director will notify the 
District Director of the results

[[Page 57]]

of the review action. The State Director will return the preapplication 
information with an authorization for the District Director to prepare 
and issue Form AD-622 in accordance with Sec.  1942.2(a)(2)(iv) of this 
subpart. Priority will be given to those preapplications and 
applications for funding which meet criteria in Sec.  
1942.17(c)(2)(iii)(A) (1) or (2); and the criteria in Sec.  1942.17(c) 
(2)(iii)(B)(1) (i) or (ii) or (B)(2) of this subpart.
    (v) Application development. Applications should be developed 
expeditiously following good management practices. Applications that are 
not developed in a reasonable period of time taking into account the 
size and complexity of the proposed project may be removed from the 
State's active file. Applicants will be consulted prior to taking such 
action.
    (vi) Project obligations. To ensure efficient use of resources, 
obligations should occur in a timely fashion throughout the fiscal year. 
Projects may be obligated as their applications are completed and 
approved.
    (vii) Requests for additional funding. All requests for additional 
allocations of funds submitted to the National Office must follow the 
formats found in parts I and II of guide 26. In selecting projects for 
funding at the National Office level, additional points may be scored 
based on the priority assigned to the project by the State Office. These 
points will be scored in the manner shown below. Only the three highest 
priority projects can score points. In addition, the Administrator may 
assign up to 15 additional points to account for items such as 
geographic distribution of funds and emergency conditions caused by 
economic problems or natural disasters.

------------------------------------------------------------------------
                        Priority                              Points
------------------------------------------------------------------------
1.......................................................               5
2.......................................................               3
3.......................................................               1
------------------------------------------------------------------------

    (viii) Cost overruns. A preapplication may receive consideration for 
funding before others at the State Office level or at the National 
Office level, if funds are not available in the State Office, when it is 
a subsequent request for a previously approved project which has 
encountered cost overruns due to high bids or unexpected construction 
problems that cannot be reduced by negotiations, redesign, use of bid 
alternatives, rebidding or other means.
    (d) Eligible loan purposes. (1) Funds may be used:
    (i) To construct, enlarge, extend, or otherwise improve water or 
waste disposal and other essential community facilities providing 
essential service primarily to rural residents and rural businesses. 
Rural businesses would include facilities such as educational and other 
publicly owned facilities.
    (A) Water or waste disposal facilities include water, sanitary 
sewerage, solid waste disposal, and storm waste-water facilities.
    (B) Essential community facilities are those public improvements 
requisite to the beneficial and orderly development of a community 
operated on a nonprofit basis including but not limited to:
    (1) Health services;
    (2) Community, social, or cultural services;
    (3) Transportation facilities, such as streets, roads, and bridges;
    (4) Hydroelectric generating facilities and related connecting 
systems and appurtenances, when not eligible for Rural Electrification 
Administration (REA) financing;
    (5) Supplemental and supporting structures for other rural 
electrification or telephone systems (including facilities such as 
headquarters and office buildings, storage facilities, and maintenance 
shops) when not eligible for Rural Electrification Administration 
financing;
    (6) Natural gas distribution systems; and
    (7) Industrial park sites, but only to the extent of land 
acquisition and necessary site preparation, including access ways and 
utility extensions to and throughout the site. Funds may not be used in 
connection with industrial parks to finance on-site utility systems, or 
business and industrial buildings.
    (C) Otherwise improve includes but is not limited to the following:
    (1) The purchase of major equipment, such as solid waste collection 
trucks and X-ray machines, which will in

[[Page 58]]

themselves provide an essential service to rural residents;
    (2) The purchase of existing facilities when it is necessary either 
to improve or to prevent loss of service;
    (3) Payment of tap fees and other utility connection charges as 
provided in utility purchase contracts prepared under Sec.  1942.18(f) 
of this subpart.
    (ii) To construct or relocate public buildings, roads, bridges, 
fences, or utilities, and to make other public improvements necessary to 
the successful operation or protection of facilities authorized in 
paragraph (d)(1)(i) of this section.
    (iii) To relocate private buildings, roads, bridges, fences, or 
utilities, and other private improvements necessary to the successful 
operation or protection of facilities authorized in paragraph (d)(1)(i) 
of this section.
    (iv) To pay the following expenses, but only when such expenses are 
a necessary part of a loan to finance facilities authorized in 
paragraphs (d)(1)(i), (d)(1)(ii) and (d)(1)(iii) of this section.
    (A) Reasonable fees and costs such as legal, engineering, 
architectural, fiscal advisory, recording, environmental impact 
analyses, archeological surveys and possible salvage or other mitigation 
measures, planning, establishing or acquiring rights.
    (B) Interest on loans until the facility is self-supporting, but not 
for more than three years unless a longer period is approved by the 
National Office; interest on loans secured by general obligation bonds 
until tax revenues are available for payment, but not for more than two 
years unless a longer period is approved by the National Office; and 
interest on interim financing, including interest charges on interim 
financing from sources other than Rural Development.
    (C) Costs of acquiring interest in land; rights, such as water 
rights, leases, permits, rights-of-way; and other evidence of land or 
water control necessary for development of the facility.
    (D) Purchasing or renting equipment necessary to install, maintain, 
extend, protect, operate, or utilize facilities.
    (E) Initial operating expenses for a period ordinarily not exceeding 
one year when the borrower is unable to pay such expenses.
    (F) Refinancing debts incurred by, or on behalf of, a community when 
all of the following conditions exist:
    (1) The debts being refinanced are a secondary part of the total 
loan;
    (2) The debts are incurred for the facility or service being 
financed or any part thereof;
    (3) Arrangements cannot be made with the creditors to extend or 
modify the terms of the debts so that a sound basis will exist for 
making a loan.
    (G) Prepay costs for which Rural Development grant funds were 
obligated provided there is:
    (1) No conflict with the loan resolution, State statutes, or any 
other loan requirements; and
    (2) Full documentation showing that:
    (i) Loan funds will only be utilized on a temporary basis; and
    (ii) All Rural Development loan funds are restored at a later date 
for purpose(s) for which they were obligated.
    (v) To pay obligations for construction incurred before loan 
approval. Construction work should not be started and obligations for 
such work or materials should not be incurred before the loan is 
approved. However, if there are compelling reasons for proceeding with 
construction before loan approval, applicants may request Rural 
Development approval to pay such obligations. Such requests may be 
approved if Rural Development determines that:
    (A) Compelling reasons exist for incurring obligations before loan 
approval; and
    (B) The obligations will be incurred for authorized loan purposes; 
and
    (C) Contract documents have been approved by Rural Development; and
    (D) All environmental requirements applicable to Rural Development 
and the applicant have been met; and
    (E) The applicant has the legal authority to incur the obligations 
at the time proposed, and payment of the debts will remove any basis for 
any mechanic, material, or other liens that may attach to the security 
property. Rural Development may authorize payment of such obligations at 
the time of loan closing. Rural Development's authorization to pay such 
obligations, however, is on the condition that it is

[[Page 59]]

not committed to make the loan; it assumes no responsibility for any 
obligations incurred by the applicant; and the applicant must 
subsequently meet all loan approval requirements. The applicant's 
request and Rural Development authorization for paying such obligations 
shall be in writing. If construction is started without Rural 
Development approval, post approval in accordance with this section may 
be considered.
    (2) Funds may not be used to finance:
    (i) On-site utility systems or business and industrial buildings in 
connection with industrial parks.
    (ii) Facilities to be used primarily for recreation purposes.
    (iii) Community antenna television services or facilities.
    (iv) Electric generation or transmission facilities or telephone 
systems, except as provided in paragraph (d)(1)(i)(B)(4), or 
(d)(1)(i)(B)(5) of this section; or extensions to serve a particular 
essential community facility as provided in paragraph (d)(1)(ii) or 
(d)(1)(iii) of this section.
    (v) Facilities which are not modest in size, design, and cost.
    (vi) Loan or grant finder's fees.
    (vii) Projects located within the Coastal Barriers Resource System 
that do not qualify for an exception as defined in section 6 of the 
Coastal Barriers Resource Act, Pub. L. 97-348.
    (viii) New combined sanitary and storm water sewer facilities.
    (ix) That portion of a water and/or waste disposal facility normally 
provided by a business or industrial user.
    (e) Facilities for public use. All facilities financed under the 
provisions of this subpart shall be for public use.
    (1) Utility-type service facilities will be installed so as to serve 
any user within the service area who desires service and can be feasibly 
and legally served. Applicants and borrowers must obtain written 
concurrence of the Rural Development prior to refusing service to such 
user. Upon failure to provide service which is reasonable and legal, 
such user shall have direct right of action against the applicant/
borrower. A notice of the availability of this service should be given 
by the applicant/borrower to all persons living within the area who can 
feasibly and legally be served by the phase of the project being 
financed.
    (i) If a mandatory hookup ordinance will be adopted, the required 
bond ordinance or resolution advertisement will be considered adequate 
notification.
    (ii) When any portion of the income will be derived from user fees 
and a mandatory hookup ordinance will not be adopted, each potent user 
will be afforded an opportunity to request service by signing a Users 
Agreement.


Those declining service will be afforded an opportunity to sign a 
statement to such effect. Rural Development has guides available for 
these purposes in all Rural Development offices.
    (2) In no case will boundaries for the proposed service area be 
chosen in such a way that any user or area will be excluded because of 
race, color, religion, sex, marital status, age, handicap, or national 
origin.
    (3) This does not preclude:
    (i) Financing or constructing projects in phases when it is not 
practical to finance or construct the entire project at one time; and
    (ii) Financing or constructing facilities where it is not 
economically feasible to serve the entire area, provided economic 
feasibility is determined on the basis of the entire system and not by 
considering the cost of separate extensions to or parts thereof; the 
applicant publicly announces a plan for extending service to areas not 
initially receiving service from the system; and potential users located 
in the areas not to be initially served receive written notice from the 
applicant that service will not be provided until such time as it is 
economically feasible to do so, and
    (iii) Extending services to industrial areas when service is made 
available to users located along the extensions.
    (4) The State Director will determine that, when feasibly and 
legally possible, inequities within the proposed project's service area 
for the same type service proposed (i.e., water or waste disposal) will 
be remedied by the owner on or before completion of the project that 
includes Rural Development funding. Inequities are defined as flagrant 
variations in availability, adequacy or quality of service. User rate 
schedules for portions of existing systems that

[[Page 60]]

were developed under different financing, rates, terms or conditions, as 
determined by the State Director, do not necessarily constitute 
inequities.
    (5) Before a loan is made to an applicant other than a public body, 
for other than utility type projects, the articles of incorporation or 
loan agreement will include a condition similar to the following:

    In the event of dissolution of this corporation, or in the event it 
shall cease to carry out the objectives and purposes herein set forth, 
all business, property, and assets of the corporation shall go and be 
distributed to one or more nonprofit corporations or public bodies as 
may be selected by the board of directors of this corporation and 
approved by at least 75 percent of the users or members to be used for, 
and devoted to, the purpose of a community facility project or other 
purpose to serve the public welfare of the community. In no event shall 
any of the assets or property, in the event of dissolution thereof, go 
or be distributed to members, directors, stockholders, or others having 
financial or managerial interest in the corporation either for the 
reimbursement of any sum subscribed, donated or contributed by such 
members or for any other purposes, provided that nothing herein shall 
prohibit the corporation from paying its just debts.

    (f) Rates and terms--(1) General. Each loan will bear interest at 
the rate prescribed in RD Instruction 440.1, exhibit B (available in any 
Rural Development office). The interest rates will be set by Rural 
Development at least for each quarter of the fiscal year. All rates will 
be adjusted to the nearest one-eighth of 1 percent. The applicant may 
submit a written request prior to loan closing that the interest rate 
charged on the loan be the lower of the rate in effect at the time of 
loan approval or the rate in effect at the time of loan closing. If the 
interest rate is to be that in effect at loan closing, the interest rate 
charged on a loan involving multiple advances of Rural Development 
funds, using temporary debt instruments, shall be that in effect on the 
date when the first temporary debt instrument is issued. If no written 
request is received from the applicant prior to loan closing, the 
interest rate charged on the loan will be the rate in effect at the time 
of loan approval.
    (2) Poverty line rate. The poverty line interest rate will not 
exceed 5 per centum per annum. The provisions of paragraph (f)(2)(i) of 
this section do not apply to health care and related facilities that 
provide direct health care to the public. Otherwise, all loans must 
comply with the following conditions:
    (i) The primary purpose of the loan is to upgrade existing 
facilities or construct new facilities required to meet applicable 
health or sanitary standards. Documentation will be obtained from the 
appropriate regulatory agency with jurisdiction to establish the 
standard, to verify that a bonafide standard exists, what that standard 
is, and that the proposed improvements are needed and required to meet 
the standard; and
    (ii) The median household income of the service area is below the 
poverty line for a family of four, as defined in section 673(2) of the 
Community Services Block Grant Act (42 U.S.C. 9902(2)), or below 80 
percent of the Statewide nonmetropolitan median household income.
    (3) Intermediate rate. The intermediate interest rate will be set at 
the poverty line rate plus one-half of the difference between the 
poverty line rate and the market rate, not to exceed 7 percent per 
annum. It will apply to loans that do not meet the requirements for the 
poverty line rate and for which the median household income of the 
service area is below the poverty line or not more than 100 percent of 
the nonmetropolitan median household income of the State.
    (4) Market rate. The market interest rate will be set using as 
guidance the average of the Bond Buyer Index for the four weeks prior to 
the first Friday of the last month before the beginning of the quarter. 
The market rate will apply to all loans that do not qualify for a 
different rate under paragraph (f)(2) or (f)(3) of this section. It may 
be adjusted as provided in paragraph (f)(5) of this section.
    (5) Prime farmland. For essential community facilities loans, the 
rate indicated by paragraphs (f)(2), (f)(3) or (f)(4) of this section 
will be increased by two per centum per annum if the project being 
financed will involve the use of, or construction on, prime or unique 
farmland in accordance with RD Instruction 440.1, exhibits B and J 
(available in any Rural Development office).

[[Page 61]]

    (6) Income determination. The income data used to determine median 
household income should be that which most accurately reflects the 
income of the service area. The service area is that area reasonably 
expected to be served by the facility being financed by Rural 
Development. The median household income of the service area and the 
nonmetropolitan median household income of the State will be determined 
from 5-year income data from the American Community Survey (ACS) or, if 
needed, other Census Bureau data. If there is reason to believe that the 
ACS or other Census Bureau data does not accurately represent the median 
household income within the area to be served, the reasons will be 
documented and the applicant may furnish, or Rural Development may 
obtain, additional information regarding such median household income 
data. Information must consist of reliable data from local, regional, 
State or Federal sources or from a survey conducted by a reliable 
impartial source. The nonmetropolitan median household income of the 
State may only be updated on a national basis by the Rural Development 
National Office. This will be done only when median household income 
data for the same year for all Bureau of the Census areas is available 
from the Bureau of the Census or other reliable sources. Bureau of the 
Census areas would include areas such as: Counties, County Subdivisions, 
Cities, Towns, Townships, Boroughs, and other places.
    (7) Repayment terms. The loan repayment period shall not exceed the 
useful life of the facility, State statute or 40 years from the date of 
the note(s) or bond(s), whichever is less. Where FmHA or its successor 
agency under Public Law 103-354 grant funds are used in connection with 
a Rural Development loan, the loan will be for the maximum term 
permitted by this subpart, State statute, or the useful life of the 
facility, whichever is less, unless there is an exceptional case where 
circumstances justify making a Rural Development loan for less than the 
maximum term permitted. In such cases, the reasons must be fully 
documented. In all cases, including those in which the Rural Development 
is jointly financing with another lender, the Rural Development payments 
of principal and interest should approximate amortized installments.
    (i) Principal payments may be deferred in whole or in part for a 
period not to exceed 36 months following the date the first interest 
installment is due. If for any reason it appears necessary to permit a 
longer period of deferment, the State Director may authorize such 
deferment with the prior approval of the National Office. Deferments of 
principal will not be used to:
    (A) Postpone the levying of taxes or assessments.
    (B) Delay collection of the full rates which the borrower has agreed 
to charge users for its services as soon as major benefits or the 
improvements are available to those users.
    (C) Create reserves for normal operation and maintenance.
    (D) Make any capital improvements except those approved by Rural 
Development determined to be essential to the repayment of the loan or 
to the obtaining of adequate security thereof.
    (E) Accelerate the payment of other debts.
    (ii) Payment date. Loan payments will be scheduled to coincide with 
income availability and be in accordance with State law. If consistent 
with the foregoing, monthly payments will be required and will be 
enumerated in the bond, other evidence of indebtedness, or other 
supplemental agreement. However, if State law only permits principal 
plus interest (P&I) type bonds, annual or semiannual payments will be 
used. Insofar as practical monthly payments will be scheduled one full 
month following the date of loan closing; or semiannual or annual 
payments will be scheduled six or twelve full months, respectively, 
following the date of loan closing or any deferment period. Due dates 
falling on the 29th, 30th or 31st day of the month will be avoided.
    (g) Security. Loans will be secured by the best security position 
practicable in a manner which will adequately protect the interest of 
Rural Development during the repayment period of the loan. Specific 
requirements for security for each loan will be included in a letter of 
conditions.

[[Page 62]]

    (1) Joint financing security. For projects utilizing joint 
financing, when adequate security of more than one type is available, 
the other lender may take one type of security with the United States 
taking another type. For projects utilizing joint financing with the 
same security to be shared by the United States and another lender, the 
United States will obtain at least a parity position with the other 
lender. A parity position is to ensure that with joint security, in the 
event of default, each lender will be affected on a proportionate basis. 
A parity position will conform with the following unless an exception is 
granted by the National Office:
    (i) Terms. It is not necessary for loans to have the same repayment 
terms to meet the parity requirements. Loans made by other lenders 
involved in joint financing with the United States for facilities should 
be scheduled for repayment on terms similar to those customarily used in 
the State for financing such facilities.
    (ii) Use of trustee or other similar paying agent. The use of a 
trustee or other similar paying agent by the other lender in a joint 
financing arrangement is acceptable to the United States. A trustee or 
other similar paying agent will not normally be used for the United 
States portion of the funding unless required to comply with State law. 
The responsibilities and authorities of any trustee or other similar 
paying agent on projects that include United States funds must be 
clearly specified by written agreement and approved by the State 
Director and Regional Attorney. The United States must be able to deal 
directly with the borrower to enforce the provisions of loan and grant 
agreements and perform necessary servicing actions.
    (iii) Regular payments. In the event adequate funds are not 
available to meet regular installments on parity loans, the funds 
available will be apportioned to the lenders based on the respective 
current installments of principal and interest due.
    (iv) Disposition of property. Funds obtained from the sale or 
liquidation of secured property or fixed assets will be apportioned to 
the lenders on the basis of the pro rata amount loaned, but not to 
exceed their respective outstanding balances; provided, however, funds 
obtained from such sale or liquidation for a project that included grant 
funds will be apportioned as may be required by the grant agreement.
    (v) Protective advances. Protective advances are payments made by a 
lender for items such as insurance or taxes, to protect the financial 
interest of the lender, and charged to the borrower's loan account. To 
the extent consistent with State law and customary lending practices in 
the area, repayment of protective advances made by either lender, for 
the mutual protection of both lenders, should receive first priority in 
apportionment of funds between the lenders. To ensure agreement between 
lenders, efforts should be made to obtain the concurrence of both 
lenders before one lender makes a protective advance.
    (2) Public bodies. Loans to such borrowers will be evidenced by 
notes, bonds, warrants, or other contractual obligations as may be 
authorized by relevant State statutes and by borrower's documents, 
resolutions, and ordinances.
    (i) Utility-type facilities such as water and sewer systems, natural 
gas distribution systems, electric systems, etc., will be secured by:
    (A) The full faith and credit of the borrower when the debt is 
evidenced by general obligation bonds; and/or
    (B) Pledges of taxes or assessments; and/or
    (C) Pledges of facility revenue and, when it is the customary 
financial practice in the State, liens will be taken on the interest of 
the applicant in all land, easements, rights-of-way, water rights, water 
purchase contracts, water sales contracts, sewage treatment contracts, 
and similar property rights, including leasehold interest, used or to be 
used in connection with the facility whether owned at the time the loan 
is approved or acquired with loan funds; and/or
    (D) In those cases involving water and waste disposal projects where 
there is a substantial number of other than full-time users and facility 
costs result in a higher than reasonable rate for such full-time users, 
the loan will be secured by the full faith and credit of

[[Page 63]]

the borrower or by an assignment or pledge of taxes or assessments from 
public bodies or other organizations having the authority to issue bonds 
or pledge such taxes or assessments.
    (ii) Solid waste systems. The type of security required will be 
based on State law and what is determined adequate to protect the 
interest of the United States during the repayment period of the loan.
    (iii) Other essential community facilities other than utility type, 
such as those for public health and safety, social, and cultural needs 
and the like will meet the following security requirements:
    (A) Such loans will be secured by one or a combination of the 
following and in the following order of preference:
    (1) General obligation bonds.
    (2) Assessments.
    (3) Bonds which pledge other taxes.
    (4) Bonds pledging revenues of the facility being financed when such 
bonds provide for the mandatory levy and collection of taxes in the 
event revenues later become insufficient to properly operate and 
maintain the facility and to retire the loan.
    (5) Assignment of assured income which will be available for the 
life of the loan, from such sources as insurance premium rebates, income 
from endowments, irrevocable trusts, or commitments from industries, 
public bodies, or other reliable sources.
    (6) Liens on real and chattel property when legally permissible and 
an assignment of the borrowers income from applicants who have been in 
existence and are able to present evidence of a financially successful 
operation of a similar facility for a period of time sufficient to 
indicate project success. National Office concurrence is required when 
the applicant has been in existence for less than five years or has not 
operated on a financially successful basis for five years immediately 
prior to loan application.
    (7) Liens on real and chattel property when legally permissible and 
an assignment of income from an organization receiving Health and Human 
Services (HHS) operating grants under the ``Memorandum of Understanding 
Between Health Resources and Services Administration, U.S. Department of 
Health and Human Services and Rural Development, U.S. Department of 
Agriculture'' (see RD Instruction 2000-T, available in any Rural 
Development office.)
    (8) Liens on real and chattel property when legally permissible and 
an assignment of income from an organization proposing a facility whose 
users receive reliable income from programs such as social security, 
supplemental security income (SSI), retirement plans, long-term 
insurance annuities, medicare or medicaid. Examples are homes for the 
handicapped or institutions whose clientele receive State or local 
government assistance.
    (9) When the applicant cannot meet the criteria in paragraph 
(g)(2)(iii)(A) (1) through (8) of this section, such proposals may be 
considered when all the following are met:
    (i) The applicant is a new organization or one that has not operated 
the type of facility being proposed.
    (ii) There is a demonstration of exceptional community support such 
as substantial financial contributions, and aggressive leadership in the 
formation of the organization and proposed project which indicates a 
commitment of the entire community.
    (iii) The State Director has determined that adequate and dependable 
revenues will be available to meet all operation expenses, debt 
repayment, and the required reserve.
    (iv) Prior National Office review and concurrence is obtained.
    (B) Real estate and chattel property taken as security in accordance 
with paragraphs (g)(2)(iii)(A) (6) through (9) of this section:
    (1) Ordinarily will include the property that is used in connection 
with the facility being financed; and
    (2) Will have an as-developed present market value determined by a 
qualified appraiser equal to or exceeding the amount of the loan to be 
obtained plus any other indebtedness against the proposed security; and
    (3) May have one of the lien requirements deleted when the loan 
approval official determines that the loan will be adequately secured 
with a lien on either the real estate or chattel property.
    (C) When security is not available in accordance with paragraphs

[[Page 64]]

(g)(2)(iii)(A) (1) through (5) of this section and State law precludes 
securing the loan with liens on real or chattel property, the loan will 
be secured in the best manner consistent with State law and customary 
security taken by private lenders in the State, such as revenue bonds, 
and any other security the loan approval official determines necessary 
for a sound loan. Such loans will otherwise meet the requirements of 
(g)(2)(iii)(A) (6) through (9) of this section as appropriate.
    (3) Other-than-public bodies. Loans to other-than-public body 
applicants will be secured as follows:
    (i) Utility-type facilities eligible for Rural Development 
assistance under paragraph (d) of this section such as water and sewer 
systems, natural gas distribution systems, electric systems, etc., will 
be secured as follows:
    (A) Assignments of borrower income will be taken and perfected by 
filing, if legally permissable; and
    (B) A lien will be taken on the interest of the applicant in all 
land, easements, rights-of-way, water rights, water purchase contracts, 
water sales contracts, sewage treatment contracts and similar property 
rights, including leasehold interest, used, or to be used in connection 
with the facility whether owned at the time the loan is approved or 
acquired with loan funds. In unusual circumstances where it is not 
feasible to obtain a lien on such land (such as land rights obtained 
from Federal or local government agencies, and from railroads) and the 
loan approval official `determines that the interest of the United 
States otherwise is secured adequately, the lien requirement may be 
omitted as to such land rights.
    (C) When the loan is approved or the acquisition of real property is 
subject to an outstanding lien indebtedness, the next highest priority 
lien obtainable will be taken if the loan approval official determines 
that the loan is adequately secured.
    (D) Other security. Promissory notes from individuals, stock or 
membership subscription agreements, individuals member's liability 
agreements, or other evidences of debt, as well as mortgages or other 
security instruments encumbering the private property of members of the 
association may be pledged or assigned to the United States as 
additional security in any case in which the interest of the United 
States will not be otherwise adequately protected.
    (E) In those cases where there is a substantial number of other than 
full-time users and facility costs result in a higher than reasonable 
rate for such full-time users, the loan will be secured by an assignment 
or pledge of general obligation bonds, taxes, or assessments from public 
bodies or other organizations having the authority to issue bonds or 
pledge such taxes, or assessments.
    (ii) Solid waste systems. The type of security required will be 
based on State law and what is determined adequate to protect the 
interest of the United States during the repayment period of the loan.
    (iii) Essential community facilities other than utility type such as 
those for public health and safety, social, and cultural needs and the 
like will meet the following security requirements:
    (A) Such loans will be secured by one or a combination of the 
following and in the following order of preference:
    (1) An assignment of assured income that will be available for the 
life of the loan, from sources such as insurance premium rebates, income 
from endowments, irrevocable trusts, or commitments from industries, 
public bodies, or other reliable sources.
    (2) Liens on real and chattel property with an assignment of income 
from applicants who have been in existence and are able to present 
evidence of a financially successful operation of a similar facility for 
a period of time sufficient to indicate project success. National Office 
concurrence is required when the applicant has been in existence for 
less than five years or has not operated on a financially successful 
basis for at least the five years immediately prior to loan application.
    (3) Liens on real and chattel property and an assignment of income 
from an organization receiving HHS operating grants under the 
``Memorandum of Understanding Between Health Resources

[[Page 65]]

and Services Administration, U.S. Department of Health and Human 
Services and Rural Development, U.S. Department of Agriculture'' (see RD 
Instruction 2000-T, available in any Rural Development office).
    (4) Liens on real and chattel property when legally permissible and 
an assignment of income from an organization proposing a facility whose 
users receive reliable income from programs such as social security, 
supplemental security income (SSI), retirement plans, long-term 
insurance annuities, medicare or medicaid. Examples are homes for the 
handicapped or institutions whose clientele receive State or local 
government assistance.
    (5) When the applicant cannot meet the criteria in paragraphs 
(g)(3)(iii)(A) (1) through (4) of this section, such proposals may be 
considered when all the following are met:
    (i) The applicant is a new organization or one that has not operated 
the type of facility being proposed.
    (ii) There is a demonstration of exceptional community support such 
as substantial financial contributions, and aggressive leadership in the 
formation of the organization and proposed project which indicates a 
commitment of the entire community.
    (iii) The State Director has determined that adequate and dependable 
revenues will be available to meet all operation expenses, debt 
repayment, and the required reserve.
    (iv) Prior National Office review and concurrence is obtained.
    (6) Additional security may be taken as determined necessary by the 
loan approval official.
    (B) Real estate and chattel property taken as security:
    (1) Ordinarily will include the property that is used in connection 
with the facility being financed; and
    (2) Will have an as-developed present market value determined by a 
qualified appraiser equal to or exceeding the amount of the loan to be 
obtained plus any other indebtedness against the proposed security; and
    (3) May have one of the lien requirements deleted when the loan 
approval official determines that the loan will be adequately secured 
with a lien on either the real estate or the chattel property.
    (h) Economic feasibility requirements. All projects financed under 
the provisions of this section must be based on taxes, assessments, 
revenues, fees, or other satisfactory sources of revenues in an amount 
sufficient to provide for facility operation and maintenance, a 
reasonable reserve, and debt payment. An overall review of the 
applicant's financial status, including a review of all assets and 
liabilities, will be a part of the docket review process by the Rural 
Development staff and approval official. If the primary use of the 
facility is by business and the success or failure of the facility is 
dependent on the business, then the economic viability of that business 
must be assessed. The number of users for a rural business will be based 
on equivalent dwelling units, which is the level of service provided to 
a typical rural residential dwelling.
    (1) Financial feasibility reports. All applicants will be expected 
to provide a financial feasibility report prepared by a qualified firm 
or individual. These financial feasibility reports will normally be:
    (i) Included as part of the preliminary engineer/architectural 
report using guides 6 through 10 as applicable; or
    (ii) Prepared by a qualified firm or individual not having a direct 
interest in the management or construction of the facility using guide 5 
when:
    (A) The project will significantly affect the applicant's financial 
operations and is not a utility-type facility but is dependent on 
revenues from the facility to repay the loan; or
    (B) It is specifically requested by Rural Development.
    (2) Applicants for loans for utility-type facilities dependent on 
users fees for debt payment shall base their income and expense forecast 
on realistic user estimates in accordance with the following:
    (i) In estimating the number of users and establishing rates or fees 
on which the loan will be based for new systems and for extensions or 
improvements to existing systems, consideration should be given to the 
following:

[[Page 66]]

    (A) An estimated number of maximum initial users should not be used 
when setting user fees and rates since it may be several years before 
all residents in the community will need the services provided by the 
system. In establishing rates a realistic number of initial users should 
be employed.
    (B) User agreements from individual vacant property owners will not 
be considered when determining project feasibility unless:
    (1) The owner has plans to develop the property in a reasonable 
period of time and become a user of the facility; and
    (2) The owner agrees in writing to make a monthly payment at least 
equal to the proportionate share of debt service attributable to the 
vacant property until the property is developed and the facility is 
utilized on a regular basis. A bond or escrowed security deposit must be 
provided to guarantee this monthly payment and to guarantee an amount at 
least equal to the owner's proportionate share of construction costs. If 
a bond is provided, it must be executed by a surety company that appears 
on the Treasury Department's most current list (Circular 570, as 
amended) and be authorized to transact business in the State where the 
project is located. The guarantee shall be payable jointly to the 
borrower and the Rural Development; and
    (3) Such guarantee will mature not later than 4 years from the date 
of execution and will be finally due and payable upon default of a 
monthly payment or at maturity, unless the property covered by the 
guarantee has been developed and the facility is being utilized on a 
regular basis.
    (C) Income from other vacant property owners will be considered only 
as extra income.
    (ii) Realistic user estimates will be established as follows:
    (A) Meaningful potential user cash contributions. Potential user 
cash contributions are required except:
    (1) For users presently receiving service, or
    (2) Where Rural Development determines that the potential users as a 
whole in the applicant's service area cannot make cash contributions, or
    (3) Where State statutes or local ordinances require mandatory use 
of the system and the applicant or legal entity having such authority 
agrees in writing to enforce such statutes, or ordinances.
    (B) The amount of cash contributions required in paragraph 
(h)(2)(ii)(A) of this section will be set by the applicant and concurred 
in by Rural Development. Contribtions should be an amount high enough to 
indicate sincere interest on the part of the potential user, but not so 
high as to preclude service to low income families. Contributions 
ordinarily should be an amount approximating one year's minimum user 
fee, and shall be paid in full before loan closing or commencement of 
construction, whichever occurs first. Once economic feasibility is 
ascertained based on a demonstration of meaningful potential user cash 
contributions, the contribution, membership fee or other fees that may 
be imposed are not a requirement of Rural Development under this 
section. However, borrowers do have an additional responsibility 
relating to generating sufficient revenues as set forth in paragraph 
(n)(2)(iii) of this section.
    (C) Enforceable user agreement. Except for users presently receiving 
service, an enforceable user agreement with a penalty clause is required 
unless State statutes or local ordinances require mandatory use of the 
system and the applicant or legal entity having such authority agrees in 
writing to enforce such statutes or ordinances.
    (iii) In those cases where all or part of the borrower's debt 
payment revenues will come from user fees, applicants must provide a 
positive program to encourage connection by all users as soon as service 
is available. The program will be available for review and approval by 
Rural Development before loan closing or commencement of construction, 
whichever occurs first. Such a program shall include:
    (A) An aggressive information program to be carried out during the 
construction period. The borrower should send written notification to 
all signed users at least three weeks in advance of the date service 
will be available, stating the date users will be expected

[[Page 67]]

to have their connections completed, and the date user charges will 
begin.
    (B) Positive steps to assure that installation services will be 
available. These may be provided by the contractor installing the 
system, local plumbing companies, or local contractors.
    (C) Aggressive action to see that all signed users can finance their 
connections. This might require collection of sufficient user 
contributions to finance connections. Extreme cases might necessitate 
additional loan funds for this purpose; however, loan funds should be 
used only when absolutely necessary and when approved by Rural 
Development prior to loan closing.
    (3) Utility-type facilities for new developing communities or areas. 
Developers are normally expected to provide utility-type facilities in 
new or developing areas and such facilities shall be installed in 
compliance with appropriate State statutes and regulations. Rural 
Development will be considered to an eligible applicant in such cases 
when failure to complete development would result in an adverse economic 
condition for the rural area (not the community being developed); the 
proposal is necessary to the success of an area development plan; and 
loan repayment can be assured by:
    (i) The applicant already having sufficient assured revenues to 
repay the loan; or
    (ii) Developers providing a bond or escrowed security deposit as a 
guarantee sufficient to meet expenses attributable to the area in 
question until a sufficient number of the building sites are occupied 
and connected to the facility to provide enough revenues to meet 
operating, maintenance, debt service, and reserve requirements. Such 
guarantees from developers will meet the requirements in paragraph 
(h)(2)(i)(B) of this section; or
    (iii) Developers paying cash for the increased capital cost and any 
increased operating expenses until the developing area will support the 
increased costs; or
    (iv) The full faith and credit of a public body where the debt is 
evidenced by general obligation bonds; or
    (v) The loan is to a public body evidenced by a pledge of tax 
assessments; or
    (vi) The user charges can become a tax lien upon the property being 
served and income from such lien can be collected in sufficient time to 
be used for its intended purposes.
    (i) Reserve requirements. Provision for the accumulation of 
necessary reserves over a reasonable period of time will be included in 
the loan documents and in assessments, tax levies, or rates charged for 
services. In those cases where statutes providing for extinguishing 
assessment liens of public bodies when properties subject to such liens 
are sold for delinquent State or local taxes, special reserves will be 
established and maintained for the protection of the borrower's 
assessment lien.
    (1) General obligation or special assessment bonds. Ordinarily, the 
requirements for reserves will be considered to have been met if general 
obligation or other bonds which pledge the full faith and credit of the 
political subdivision are used, or special assessment bonds are used, 
and if such bonds provide for the annual collection of sufficient taxes 
or assessments to cover debt service, operation and maintenance, and a 
reasonable amount for emergencies and to offset the possible nonpayment 
of taxes or assessments by a percentage of the property owners, or a 
statutory method is provided to prevent the incurrence of a deficiency.
    (2) Other than general obligation or special assessment bonds. Each 
borrower will be required to establish and maintain reserves sufficient 
to assure that loan installments will be paid on time, for emergency 
maintenance, for extensions to facilities, and for replacement of short-
lived assets which have a useful life significantly less than the 
repayment period of the loan. It is expected that borrowers issuing 
bonds or other evidences of debt pledging facility revenues as security 
will ordinarily plan their reserve to provide for a total reserve in an 
amount at least equal to one average loan installment. It is also 
expected the ordinarily such reserve will be accumulated at the rate of 
at least one-tenth of the total each year until the desired level is 
reached.

[[Page 68]]

    (j) General requirements--(1) Membership authorization. For 
organizations other than public bodies, the membership will authorize 
the project and its financing except that the State Director may, with 
the concurrence of OGC, accept the loan resolution without such 
membership authorization when State statutes and the organization's 
charter and bylaws do not require such authorization; and
    (i) The organization is well established and is operating with a 
sound financial base; or
    (ii) For utility-type projects the members of the organization have 
all signed an enforceable user agreement with a penalty clause and have 
made the required meaningful user cash contribution, except for members 
presently receiving service or when State statutes or local ordinances 
require mandatory use of the facility.
    (2) Planning, bidding, contracting, constructing. (See Sec.  
1942.18).
    (3) Insurance and fidelity bonds. The purpose of RD's insurance and 
fidelity bond requirements is to protect the government's financial 
interest based on the facility financed. The requirements below apply to 
all types of coverage determined necessary. The National Office may 
grant exceptions to normal requirements when appropriate justification 
is provided establishing that it is in the best interest of the 
applicant/borrower and will not adversely affect the government's 
interest.
    (i) General. (A) Applicants must provide evidence of adequate 
insurance and fidelity bond coverage by loan closing or start of 
construction, whichever occurs first. Adequate coverage in accordance 
with this section must then be maintained for the life of the loan. It 
is the responsibility of the applicant/borrower and not that of Rural 
Development to assure that adequate insurance and fidelity bond coverage 
is maintained.
    (B) Insurance and fidelity bond requirements by Rural Development 
shall normally not exceed those proposed by the applicant/borrower if 
the Rural Development loan approval or servicing official determines 
that proposed coverage is adequate to protect the government's financial 
interest. Applicants/borrowers are encouraged to have their attorney, 
consulting engineer/architect, and/or insurance provider(s) review 
proposed types and amounts of coverage, including any deductible 
provisions. If the FmHA or its successor agency under Public Law 103-354 
official and the applicant/borrower cannot agree on the acceptability of 
coverage proposed, a decision will be made by the State Director.
    (C) The use of deductibles, i.e., an initial amount of each claim to 
be paid by the applicant/borrower, may be allowed by Rural Development 
providing the applicant/borrower has financial resources which would 
likely be adequate to cover potential claims requiring payment of the 
deductible.
    (D) Borrowers must provide evidence to Rural Development that 
adequate insurance and fidelity bond coverage is being maintained. This 
may consist of a listing of policies and coverage amounts in yearend 
reports submitted with management reports required under Sec.  
1942.17(q)(2) or other documentation. The borrower is responsible for 
updating and/or renewing policies or coverage which expire between 
submissions to Rural Development. Any monitoring of insurance and 
fidelity bond coverage by FmHA or its successor agency under Public Law 
103-354 is solely for the benefit of FmHA or its successor agency under 
Public Law 103-354, and does not relieve the applicant/borrower of its 
obligation under the loan resolution to maintain such coverage.
    (ii) Fidelity bond. Applicants/borrowers will provide fidelity bond 
coverage for all persons who have access to funds. Coverage may be 
provided either for all individual positions or persons, or through 
``blanket'' coverage providing protection for all appropriate employees 
and/or officials. An exception may be granted by the State Director when 
funds relating to the facility financed are handled by another entity 
and it is determined that the entity has adequate coverage or the 
government's interest would otherwise be adequately protected.
    (A) The amount of coverage required by Rural Development will 
normally approximate the total annual debt service requirements for the 
Rural Development loans.

[[Page 69]]

    (B) Form RD 440-24, ``Position Fidelity Schedule Bond'' may be used. 
Similar forms may be used if determined acceptable to Rural Development. 
Other types of coverage may be considered acceptable if it is determined 
by Rural Development that they fulfill essentially the same purpose as a 
fidelity bond.
    (C) Fidelity bonds must be obtained from companies holding 
certificates of authority as acceptable sureties, as prescribed in 31 
CFR part 223, ``Surety Companies doing Business with the United 
States.''
    (iii) Insurance. The following types of coverage must be maintained 
if appropriate for the type of project and entity involved. Insurance 
must be in amounts acceptable to the Agency and at least equivalent to 
coverage for real property and equipment acquired without Federal funds.
    (A) Property insurance. Fire and extended coverage will normally be 
maintained on all structures except as noted in paragraphs 
(j)(3)(iii)(A)(1) and (2) of this section. Ordinarily, Rural Development 
should be listed as mortgagee on the policy when Rural Development has a 
lien on the property. Normally, major items of equipment or machinery 
located in the insured structures must also be covered. Exceptions:
    (1) Reservoirs, standpipes, elevated tanks, and other structures 
built entirely of noncombustible materials if such structures are not 
normally insured.
    (2) Subsurface lift stations except for the value of electrical and 
pumping equipment therein.
    (B) Liability and property damage insurance, including vehicular 
coverage.
    (C) Malpractice insurance. The need and requirements for malpractice 
insurance will be carefully and thoroughly considered in connection with 
each health care facility financed.
    (D) Flood insurance. Facilities located in special flood- and 
mudslide-prone areas must comply with the eligibility and insurance 
requirements of subpart B of part 1806 of this chapter (RD Instruction 
426.2).
    (E) Worker's compensation. The borrower will carry worker's 
compensation insurance for employees in accordance with State laws.
    (4) Acquisition of land, easements, water rights, and existing 
facilities. Applicants are responsible for acquisition of all property 
rights necessary for the project and will determine that prices paid are 
reasonable and fair. Rural Development may require an appraisal by an 
independent appraiser or Rural Development employee.
    (i) Title for land, rights-of-way, easements, or existing 
facilities. The applicant must certify and provide a legal opinion 
relative to the title to rights-of-way and easements. Form RD 442-21, 
``Rights-of-Way Certificate,'' and Form RD 442-22, ``Opinion of Counsel 
Relative to Rights-of-Way,'' may be used.
    (A) Rights-of-way and easements. Applicants are responsible for and 
will obtain valid, continuous and adequate rights-of-way and easements 
needed for the construction, operation, and maintenance of the facility. 
Form RD 442-20, ``Right-of-Way Easement,'' may be used. When a site is 
for major structures for utility-type facilities such as a reservoir or 
pumping station and the applicant is able to obtain only a right-of-way 
or easement on such a site rather than a fee simple title, the applicant 
will furnish a title report thereon by the applicant's attorney showing 
ownership of the land and all mortgages or other lien defects, 
restrictions, or encumbrances, if any. It is the responsibility of the 
applicant to obtain and record such releases, consents or subordinations 
to such property rights from holders of outstanding liens or other 
instruments as may be necessary for the construction, operation, and 
maintenance of the facility and give Rural Development the required 
security.
    (B) Title for land or existing facilities. Title to land essential 
to the successful operation of facilities or title to facilities being 
purchased, must not contain any restrictions that will adversely affect 
the suitability, successful operation, security value, or 
transferability of the facility. Title opinions must be provided by the 
applicant's attorney. The opinions must be in sufficient detail to 
assess marketability of the property. Form RD 1927-9, ``Preliminary 
Title Opinion,'' and Form RD 1927-10, ``Final Title Opinion,'' may be 
used to provide the required title opinions. If other forms are used 
they must

[[Page 70]]

be reviewed and approved by Rural Development and OGC.
    (1) In lieu of receiving title opinions from the applicant's 
attorney, the applicant may use a title insurance company. If a title 
insurance company is used, the company must provide RD a title insurance 
binder, disclosing all title defects or restrictions, and include a 
commitment to issue a title insurance policy. The policy should be in an 
amount at least equal to the market value of the property as improved. 
The title insurance binder and commitment should be provided to RD prior 
to requesting closing instructions. RD will be provided a title 
insurance policy which will insure RD's interest in the property without 
any title defects or restrictions which have not been waived by RD.
    (2) The loan approval official may waive title defects or 
restrictions, such as utility easements, that do not adversely affect 
the suitability, successful operation, security value, or 
transferability of the facility. If the District Director is the loan 
approval official and is unable to waive the defect or restriction, the 
title opinion or title insurance binder will be forwarded to the State 
Director. If the State Director, with the advice of the OGC, determines 
that the defect or restriction cannot be waived, the defect or 
restriction must be removed.
    (ii) Water rights. When legally permissible, an assignment will be 
taken on water rights owned or to be acquired by the applicant. The 
following will be furnished as applicable:
    (A) A statement by the applicant's attorney regarding the nature of 
the water rights owned or to be acquired by the applicant (such as 
conveyance of title, appropriation and decree, application and permit, 
public notice and appropriation and use).
    (B) A copy of a contract with another company or municipality to 
supply water; or stock certificates in another company which represents 
the right to receive water.
    (iii) Land purchase contract: (A) A land purchase contract (known in 
some areas as a contract for deed) is an agreement between two or more 
parties which obligates the purchaser to pay the purchase price, gives 
the purchaser the rights of immediate possession, control, and 
beneficial use of the property, and entitles the purchaser to a deed 
upon paying all or a specified part of the purchase price.
    (B) Applicants may obtain land through land purchase contracts when 
all of the following conditions are met:
    (1) The applicant has exhausted all reasonable means of obtaining 
outright fee simple title to the necessary land.
    (2) The applicant cannot obtain the land through condemnation.
    (3) There are not other suitable sites available.
    (4) National Office concurrence is obtained in accordance with 
paragraph (j)(4)(iii)(D)(2) of this section.
    (C) The land purchase contract must provide for the transfer of 
ownership by the seller without any restrictions, liens or other title 
defects. The contract must not contain provisions for future advances 
(except for taxes, insurance, or other costs needed to protect the 
security), summary cancellations, summary forfeiture, or other clauses 
that may jeopardize the Government's interest or the purchaser's ability 
to pay the Rural Development loan. The contract must provide that if the 
purchaser fails to make payment that Rural Development will be given at 
least 90 days written notice with an option to cure the default before 
the contract can be cancelled, terminated or foreclosed. Then Rural 
Development must have the option of making the payment and charging it 
to the purchaser's account, making the payment and taking over the 
ownership of the purchase contract, or taking any other action necessary 
to protect the Government's interest.
    (D) Prior to loan closing or the beginning of construction, 
whichever occurs first, the following actions must be taken in the order 
listed below:
    (1) The land purchase contract and any appropriate title opinions 
must be reviewed by the Regional Attorney to determine if they are 
legally sufficient to protect the interest of the Government.
    (2) The land purchase contract, the Regional Attorney's comments, 
and the State Director's recommendations must be submitted to the 
National Office for concurrence.

[[Page 71]]

    (3) The land purchase contract must be recorded.
    (5) Lease agreements. Where the right of use or control of real 
property not owned by the applicant/borrower is essential to the 
successful operation of the facility during the life of the loan, such 
right will be evidenced by written agreements or contracts between the 
owner(s) of the property and the applicant/borrower. Lease agreements 
shall not contain provisions for restricted use of the site of facility, 
forfeiture or summary cancellation clauses and shall provide for the 
right to transfer and lease without restriction. Lease agreements will 
ordinarily be written for a term at least equal to the term of the loan. 
Such lease contracts or agreements will be approved by the Rural 
Development loan approval official with the advice and counsel of the 
Regional Attorney, OGC, as to the legal sufficiency of such documents. A 
copy of the lease contract or agreement will be included in the loan 
docket.
    (6) Notes and bonds. Notes and bonds will be completed on the date 
of loan closing except for the entry of subsequent multiple advances 
where applicable. The amount of each note will be in multiples of not 
less than $100. The amount of each bond will ordinarily be in multiples 
of not less than $1,000.
    (i) Form RD 440-22, ``Promissory Note (Association or 
Organization),'' will ordinarily be used for loans to nonpublic bodies.
    (ii) Section 1942.19 contains instructions for preparation of notes 
and bonds evidencing indebtedness of public bodies.
    (7) Environmental review requirements. Loans made under this subpart 
must comply with the environmental review requirements in accordance 
with 7 CFR part 1970.
    (8) Health care facilities. The applicant will be responsible for 
obtaining the following documents:
    (i) A statement from the responsible State agency certifying that 
the proposed health care facility is not inconsistent with the State 
Medical Facilities Plan.
    (ii) A statement from the responsible State agency or regional 
office of the Department of Health and Services certifying that the 
proposed facility meets the standards in Sec.  1942.18(d)(4).
    (9) Public information. Applicants should inform the general public 
regarding the development of any proposed project. Any applicant not 
required to obtain authorization by vote of its membership or by public 
referendum, to incur the obligations of the proposed loan or grant, will 
hold at least one public information meeting. The public meeting must be 
held after the preapplication is filed and not later than loan approval. 
The meeting must give the citizenry an opportunity to become acquainted 
with the proposed project and to comment on such items as economic and 
environmental impacts, service area, alternatives to the project, or any 
other issue identified by Rural Development. The applicant will be 
required, at least 10 days prior to the meeting, to publish a notice of 
the meeting in a newspaper of general circulation in the service area, 
to post a public notice at the applicant's principal office, and to 
notify Rural Development. The applicant will provide Rural Development a 
copy of the published notice and minutes of the public meeting. A public 
meeting is not normally required for subsequent loans which are needed 
to complete the financing of the project.
    (10) Service through individual installation. Community owned water 
or waste disposal systems may provide service through individual 
installations or small clusters of users within the applicant's service 
area. When individual installations or small clusters are proposed, the 
loan approval official should consider items such as: quantity and 
quality of the individual installations that may be developed; cost 
effectiveness of the individual facility compared with the initial and 
long term user cost on a central system; health and pollution problems 
attributable to individual facilities; operational or management 
problems peculiar to individual installations; and permit and regulatory 
agency requirements.
    (i) Applicants providing service through individual facilities must 
meet the eligibility requirements in Sec.  1942.17(b).
    (ii) Rural Development must approve the form of agreement between 
the

[[Page 72]]

owner and individual users for the installation, operation and payment 
for individual facilities.
    (iii) If taxes or assessments are not pledged as security, owners 
providing service through individual facilities must obtain security as 
necessary to assure collection of any sum the individual user is 
obligated to pay the owner.
    (iv) Notes representing indebtedness owed the owner by a user for an 
individual facility will be scheduled for payment over a period not to 
exceed the useful life of the individual facility or the loan, whichever 
is shorter. The interest rate will not exceed the interest rate charged 
the owner on the Rural Development indebtedness.
    (v) Owners providing service through individual or cluster 
facilities must obtain:
    (A) Easements for the installation and ingress to and egress from 
the facility; and
    (B) An adequate method for denying service in the event of 
nonpayment of user fees.
    (11) Funds from other sources. Rural Development loan funds may be 
used along with or in connection with funds provided by the applicant or 
from other sources. Since ``matching funds'' is not a requirement for 
Rural Development loans, shared revenues may be used with Rural 
Development funds for project construction.
    (k) Other Federal, State, and local requirements. Each application 
shall contain the comments, necessary certifications and recommendations 
of appropriate regulatory or other agency or institution having 
expertise in the planning, operation, and management of similar 
facilities. Proposals for facilities financed in whole or in part with 
Rural Development funds will be coordinated with appropriate Federal, 
State, and local agencies in accordance with the following:
    (1) Compliance with special laws and regulations. Except as provided 
in paragraph (k)(2) of this section applicants will be required to 
comply with Federal, State, and local laws and any regulatory commission 
rules and regulations pertaining to:
    (i) Organization of the applicant and its authority to construct, 
operate, and maintain the proposed facilities;
    (ii) Borrowing money, giving security therefore, and raising 
revenues for the repayment thereof;
    (iii) Land use zoning; and
    (iv) Health and sanitation standards and design and installation 
standards unless an exception is granted by Rural Development.
    (2) Compliance exceptions. If there are conflicts between this 
subpart and state or local laws or regulatory commission regulations, 
the provisions of this subpart will control.
    (3) State Pollution Control or Environmental Protection Agency 
Standards. Water and waste disposal facilities will be designed, 
installed, and operated in such a manner that they will not result in 
the pollution of water in the State in excess of established standards 
and that any effluent will conform with appropriate State and Federal 
Water Pollution Control Standards. A certification from the appropriate 
State and Federal agencies for water pollution control standards will be 
obtained showing that established standards are met.
    (4) Consistency with other development plans. Rural Development 
financed facilities will not be inconsistent with any development plans 
of State, multijurisdictional areas, counties, or municipalities in 
which the proposed project is located.
    (5) State agency regulating water rights. Each Rural Development 
financed facility will be in compliance with appropriate State agency 
regulations which have control of the appropriation, diversion, storage 
and use of water and disposal of excess water. All of the rights of any 
landowners, appropriators, or users of water from any source will be 
fully honored in all respects as they may be affected by facilities to 
be installed.
    (6) Civil Rights Act of 1964. All borrowers are subject to, and 
facilities must be operated in accordance with, title VI of the Civil 
Rights Act of 1964 and subpart E of part 1901 of this chapter, 
particularly as it relates to conducting and reporting of compliance 
reviews. Instruments of conveyance for loans and/or grants subject to 
the Act

[[Page 73]]

must contain the covenant required by Sec.  1901.202(e) of subpart E of 
part 1901 of this chapter.
    (7) Title IX of the Education Amendments of 1972. No person in the 
United States shall, on the basis of sex, be excluded from participation 
in, be denied the benefits of, or be subjected to discrimination under 
any education program or education activity receiving Agency financial 
assistance except as otherwise provided for in the Education Amendments 
of title IX. The State Director will provide guidance and technical 
assistance to carry out the intent of this paragraph.
    (8) Section 504 of the Rehabilitation Act of 1973. Under section 504 
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), no 
handicapped individual in the United States shall, solely by reason of 
their handicap, be excluded from participation in, be denied the 
benefits of, or be subjected to discrimination under any program or 
activity receiving Agency financial assistance.
    (9) Age Discrimination Act of 1975. This Act provides that no person 
in the United States shall on the basis of age, be excluded from 
participation in, be denied the benefits of, or be subjected to 
discrimination under any program or activity receiving Federal financial 
assistance. This Act also applies to programs or activities funded under 
the State and Local Fiscal Assistance Act of 1972 (31 U.S.C. 1221 et. 
seq.). This Act does not apply to: (i) age distinctions contained in 
Federal, State or local statutes or ordinances adopted by an elected, 
general purpose legislative body which provide benefits or assistance 
based on age; (ii) establish criteria for participation in age-related 
terms; (iii) describe intended beneficiaries or target groups in age-
related terms; and, (iv) any employment practice of any employer, 
employment agency, labor organization, or any labor-management joint 
apprenticeship training program except for any program or activity 
receiving Federal financial assistance for public service employment 
under the Comprehensive Employment and Training Act of 1974 (CETA) (29 
U.S.C. 801 et. seq.).
    (l) Professional services and contracts related to the facility--(1) 
Professional services. Applicants will be responsible for providing the 
services necessary to plan projects including design of facilities, 
preparation of cost and income estimates, development of proposals for 
organization and financing, and overall operation and maintenance of the 
facility. Professional services of the following may be necessary: 
Engineer, architect, attorney, bond counsel, accountant, auditor, 
appraiser, and financial advisory or fiscal agent (if desired by 
applicant). Contracts or other forms of agreement between the applicant 
and its professional and technical representatives are required and are 
subject to Agency concurrence. Form RD 1942-19, ``Agreement for 
Engineering Services,'' may be used when appropriate. Guide 20, 
``Agreement for Engineering Services (Agency/EPA--Jointly Funded 
Projects)'' may be used on projects jointly funded by RD and EPA. Guide 
14 may be used in the preparation of the legal services agreement.
    (2) Bond counsel. Unless otherwise provided by Sec.  1942.19(b), 
public bodies are required to obtain the service of recognized bond 
counsel in the preparation of evidence of indebtedness.
    (3) Contracts for other services. Contracts or other forms of 
agreements for other services including management, operation, and 
maintenance will be developed by the applicant and presented to the 
Agency for review and approval. Management agreements should provide at 
least those items in guide 24.
    (4) Fees. Fees provided for in contracts or agreements shall be 
reasonable. They shall be considered to be reasonable if not in excess 
of those ordinarily charged by the profession for similar work when the 
Agency financing is not involved.
    (m) Applying for the Agency loans--(1) Preapplication. Applicants 
desiring loans will file SF 424.2 and comments from the appropriate A-95 
clearinghouse agency normally with the appropriate Agency County Office. 
The County Supervisor will immediately forward all documents to the 
District Office. The District Director has prime responsibility for all 
community program loan making and servicing activities within the 
District.
    (2) Preapplication review. Upon receipt of the preapplication, RD 
will tentatively determine eligibility including

[[Page 74]]

the likelihood of credit elsewhere at reasonable rates and terms and 
availability of agency loan funds. The determination as to availability 
of other credit will be made after considering present rates and terms 
available for similar proposals (not necessarily based upon rates and 
terms available from Rural Development); the repayment potential of the 
applicant; long-term cost to the applicant; and average user or other 
charges. In those cases where Rural Development determines that loans at 
reasonable rates and terms should be available from commercial sources, 
Rural Development will notify the applicant so that it may apply for 
such financial assistance. Such applicants may be reconsidered for Rural 
Development loans upon their presenting satisfactory evidence of 
inability to obtain commercial financing at reasonable rates and terms.
    (3) Incurring obligations. Applicants should not proceed with 
planning nor obligate themselves for expenditures until authorized by 
Rural Development.
    (4) Results of preapplication review. After Rural Development has 
reviewed the preapplication material and any additional material that 
may be requested, Form AD-622 will be sent to the applicant. Ordinarily 
the review will not exceed 45 days.
    (5) Application conference. Before starting to assemble the 
application and after the applicant selects its professional and 
technical representatives, it should arrange with Rural Development for 
an application conference to provide a basis for orderly application 
assembly. Rural Development will provide applicants with a list of 
documents necessary to complete the application. Guide 15 may be used 
for this purpose. Applications will be filed with the District Office.
    (6) Application completion and assembling. This is the 
responsibility of the applicant with guidance from Rural Development. 
The applicant may utilize their professional and technical 
representatives or other competent sources.
    (7) Review of decision. If an application is rejected, the applicant 
may request a review of this decision under subpart B of part 1900 of 
this chapter.
    (n) Actions prior to loan closing and start of construction--(1) 
Excess Rural Development loan and grant funds. If there is a significant 
reduction in project cost, the applicant's funding needs will be 
reassessed before loan closing or the start of construction, whichever 
occurs first. In such cases applicable Rural Development forms, the 
letter of conditions, and other items will be revised. Decreases in 
Rural Development funds will be based on revised project costs and 
current number of users, however, other factors including Rural 
Development regulations used at the time of loan/grant approval will 
remain the same. Obligated loan or grant funds not needed to complete 
the proposed project will be deobligated.
    (2) Loan resolutions. Loan resolutions will be adopted by both 
public and other-than-public bodies using Form RD 1942-47, ``Loan 
Resolution (Public Bodies),'' or Form RD 1942-9, ``Loan Resolution 
(Security Agreement).'' These resolutions supplement other provisions in 
this subpart. The applicant will agree:
    (i) To indemnify the Government for any payments made or losses 
suffered by the Government on behalf of the association. Such 
indemnification shall be payable from the same source of funds pledged 
to pay the bonds or any other legally permissible source.
    (ii) To comply with applicable local, State and Federal laws, 
regulations, and ordinances.
    (iii) To provide for the receipt of adequate revenues to meet the 
requirements of debt service, operation and maintenance, establishment 
of adequate reserves, and to continually operate and maintain the 
facility in good condition. Except for utility-type facilities, free 
service use may be permitted. If free services are extended no 
distinctions will be made in the extension of those services because of 
race, color, religion, sex, national origin, marital status, or physical 
or mental handicap.
    (iv) To acquire and maintain such insurance coverage including 
fidelity bonds, as may be required by the Government.

[[Page 75]]

    (v) To establish and maintain such books and records relating to the 
operation of the facility and its financial affairs and to provide for 
required audit thereof in such a manner as may be required by the 
Government and to provide the Government without its request, a copy of 
each such audit and to make and forward to the Government such 
additional information and reports as it may, from time to time, 
require.
    (vi) To provide the Government at all reasonable times, access to 
all books and records relating to the facility and access to the 
property of the system so that the Government may ascertain that the 
association is complying with the provisions hereof and of the 
instruments incident to the making or insuring of the loan.
    (vii) To provide adequate service to all persons within the service 
area who can feasibly and legally be served and to obtain Rural 
Development's concurrence prior to refusing new or adequate services to 
such persons. Upon failure of the applicant to provide services which 
are feasible and legal, such person shall have a direct right of action 
against the applicant organization.
    (viii) To have prepared on its behalf and to adopt an ordinance or 
resolution for the issuance of its bonds or notes or other debt 
instruments or other such items and in such forms as are required by 
State statutes and as are agreeable and acceptable to the Government.
    (ix) To refinance the unpaid balance, in whole or in part, of its 
debt upon the request of the Government if at any time it should appear 
to the Government that the association is able to refinance its bonds by 
obtaining a loan for such purposes from responsible cooperative or 
private sources at reasonable rates and terms.
    (x) To provide for, execute, and comply with Form RD 400-4, 
``Assurance Agreement,'' and Form RD 400-1, ``Equal Opportunity 
Agreement,'' including an ``Equal Opportunity Clause,'' which is to be 
incorporated in or attached as a rider to each construction contract and 
subcontract in excess of $10,000.
    (xi)(A) To place the proceeds of the loan on deposit in a manner 
approved by the Government. Funds must be deposited and maintained in 
insured accounts whenever possible. Funds must be maintained in interest 
bearing accounts, unless the following apply:
    (1) The borrower receives less than $120,000 in Federal awards per 
year;
    (2) The best reasonably available interest-bearing account would not 
be expected to earn interest in excess of $500 per year on Federal cash 
balances;
    (3) The depository would require an average or minimum balance so 
high that it would not be feasible within the expected Federal and non-
Federal cash resources; and,
    (4) A foreign government or banking system prohibits or precludes 
interest bearing accounts.
    (B) Interest earned on Federal payments deposited in interest-
bearing accounts must be remitted annually to the Department of Health 
and Human Services, Payment Management System, Rockville, MD 20852. 
Interest amounts up to $500 per year may be retained by the non-Federal 
entity for administrative expense.
    (xii) Not to sell, transfer, lease, or otherwise encumber the 
facility or any portion thereof or interest therein, and not to permit 
others to do so, without the prior written consent of the Government.
    (xiii) Not to borrow any money from any source, enter into any 
contract or agreement, or incur any other liabilities in connection with 
making enlargements, improvements or extensions to, or for any other 
purpose in connection with the facility (exclusive of normal 
maintenance) without the prior written consent of the Government if such 
undertaking would involve the source of funds pledged to repay the debt 
to Rural Development.
    (xiv) That upon default in the payments of any principal and accrued 
interest on the bonds or in the performance of any covenant or agreement 
contained herein or in the instruments incident to making or insuring 
the loan, the Government, at its option, may:
    (A) Declare the entire principal amount then outstanding and accrued 
interest, due and payable;
    (B) For the account of the association (payable from the source of 
funds pledged to pay the bonds or notes or

[[Page 76]]

any other legally permissiable source), incur and pay reasonable 
expenses for repair, maintenance and operation of the facility and such 
other reasonable expenses as may be necessary to cure the cause of 
default; and/or
    (C) Take possession of the facility, repair, maintain and operate, 
or otherwise dispose of the facility. Default under the provisions of 
the resolution or any instrument incident to the making or insuring of 
the loan may be construed by the Government to constitute default under 
any other instrument held by the Government and executed or assumed by 
the association and default under any such instrument may be construed 
by the Government to constitute default hereunder.
    (3) Interim financing. In all loans exceeding $50,000, where funds 
can be borrowed at reasonable interest rates on an interim basis from 
commercial sources for the construction period, such interim financing 
will be obtained so as to preclude the necessity for multiple advances 
of Rural Development funds. Guide 1 or guide 1a, as appropriate, may be 
used to inform the private lender of Rural Development's commitment. 
When interim commercial financing is used, the application will be 
processed, including obtaining construction bids, to the stage where the 
Rural Development loan would normally be closed, that is immediately 
prior to the start of construction. The Rural Development loan should be 
closed as soon as possible after the disbursal of all interim funds. 
Interim financing may be for a fixed term provided the fixed term does 
not extend beyond the time projected for completion of construction. For 
this purpose, a fixed term is when the interim lender cannot be repaid 
prior to the end of the stipulated term of the interim instruments. When 
a Rural Development Water and Waste Disposal grant is included, any 
interim financing involving a fixed term must be for the total Rural 
Development loan amount. Multiple advances may be used in conjunction 
with interim commercial financing when the applicant is unable to obtain 
sufficient funds through interim commercial financing in an amount equal 
to the loan. The Rural Development loan proceeds (including advances) 
will be used to retire the interim commercial indebtedness. Before the 
Rural Development loan is closed, the applicant will be required to 
provide Rural Development with statements from the contractor, engineer, 
architect, and attorney that they have been paid to date in accordance 
with their contracts or other agreements and, in the case of the 
contractor, that any suppliers and subcontractors have been paid. If 
such statements cannot be obtained, the loan may be closed provided:
    (i) Statements to the extent possible are obtained;
    (ii) The interest of Rural Development can be adequately protected 
and its security position is not impaired; and
    (iii) Adequate provisions are made for handling the unpaid accounts 
by withholding or escrowing sufficient funds to pay such claims.
    (4) Obtaining closing instructions. After loan approval, the 
completed docket will be reviewed by the State Director. The information 
required by OGC will be transmitted to OGC with request for closing 
instructions. Upon receipt of the closing instructions from OGC, the 
State Director will forward them along with any appropriate instructions 
to the District Director. Upon receipt of closing instructions, the 
District Director will discuss with the applicant and its architect or 
engineer, attorney, and other appropriate representatives, the 
requirements contained therein and any actions necessary to proceed with 
closing.
    (5) Applicant contribution. An applicant contributing funds toward 
the project cost shall deposit these funds in its construction account 
on or before loan closing or start of construction, whichever occurs 
first. Project costs paid prior to the required deposit time with 
applicant funds shall be appropriately accounted for.
    (6) Evidence of and disbursement of other funds. Applicants 
expecting funds from other sources for use in completing projects being 
partially financed with Rural Development funds will present evidence of 
the commitment of these funds from such other sources. This evidence 
will be available

[[Page 77]]

before loan closing, or the start of construction, whichever occurs 
first. Ordinarily, the funds provided by the applicant or from other 
sources will be disbursed prior to the use of Rural Development loan 
funds. If this is not possible, funds will be disbursed on a pro rata 
basis. Rural Development funds will not be used to pre-finance funds 
committed to the project from other sources.
    (o) Loan closing--(1) Closing instructions. Loans will be closed in 
accordance with the closing instructions issued by OGC.
    (2) Obtaining insurance and fidelity bonds. Required property 
insurance policies, liability insurance policies, and fidelity bonds 
will be obtained by the time of loan closing or start of construction, 
whichever occurs first.
    (3) Distribution of recorded documents. The originals of the 
recorded deeds, easements, permits, certificates of water rights, 
leases, or other contracts and similar documents which are not to be 
held by Rural Development will be returned to the borrower. The original 
mortgage(s) and water stock certificates, if any, if not required by the 
recorder's office will be retained by Rural Development.
    (4) Review of loan closing. In order to determine that the loan has 
been properly closed the loan docket will be reviewed by the State 
Director and OGC.
    (p) Project monitoring and fund delivery during construction--(1) 
Coordination of funding sources. When a project is jointly financed, the 
State Director will reach any needed agreement or understanding with the 
representatives of the other source of funds on distribution of 
responsibilities for handling various aspects of the project. These 
responsibilities will include supervision of construction, inspections 
and determinations of compliance with appropriate regulations concerning 
equal employment opportunities, wage rates, nondiscrimination in making 
services or benefits available, and environmental compliance. If any 
problems develop which cannot be resolved locally, complete information 
should be sent to the National Office for advice.
    (2) Multiple advances. In the event interim commercial financing is 
not legally permissible or not available, multiple advances of Rural 
Development loan funds are required. An exception to this requirement 
may be granted by the National Office when a single advance is 
necessitated by State law or public exigency. Multiple advances will be 
used only for loans in excess of $50,000. Advances will be made only as 
needed to cover disbursements required by the borrower over a 30-day 
period. Advances should not exceed 24 in number nor extend longer than 
two years beyond loan closing. Normally, the retained percentage 
withheld from the contractor to assure construction completion will be 
included in the last advance.
    (i) Section 1942.19 contains instructions for making multiple 
advances to public bodies.
    (ii) Advances will be requested by the borrower in writing. The 
request should be in sufficient amounts to pay cost of construction, 
rights-of-way and land, legal, engineering, interest, and other expenses 
as needed. The applicant may use Form RD 440-11, ``Estimate of Funds 
Needed for 30 Day Period Commencing ------,'' to show the amount of 
funds needed during the 30-day period.
    (iii) Rural Development loan funds obligated for a specific purpose, 
such as the paying of interest, but not needed at the time of loan 
closing will remain in the Finance Office until needed unless State 
statutes require all funds to be delivered to the borrower at the time 
of closing. Loan funds may be advanced to prepay costs under paragraph 
(d)(1)(iv)(G) of this section. If all funds must be delivered to the 
borrower at the time of closing to comply with State statutes, funds not 
needed at loan closing will be handled as follows:
    (A) Deposited in an appropriate borrower account, such as the debt 
service account, or
    (B) Deposited in a supervised bank account under paragraph (p)(3)(i) 
of this section.
    (3) Use and accountability of funds--(i) Supervised bank account. 
Rural Development loan funds and any funds furnished by the applicant/
borrower to supplement the loan including contributions to purchase 
major items of equipment, machinery, and furnishings

[[Page 78]]

may be deposited in a supervised bank account if determined necessary as 
provided in subpart A of part 1902 of this chapter. When Rural 
Development has a Memorandum of Understanding with another agency that 
provides for the use of supervised bank accounts, or when Rural 
Development is the primary source of funds for a project and has 
determined that the use of a supervised bank account is necessary, 
project funds from other sources may also be deposited in the supervised 
bank account. Rural Development shall not be accountable to the source 
of the other funds nor shall Rural Development undertake responsibility 
to administer the funding program of the other entity. Supervised bank 
accounts should not be used for funds advanced by an interim lender.
    (ii) Other than supervised bank account. If a supervised bank 
account is not used, arrangements will be agreed upon for the prior 
concurrence by Rural Development of the bills or vouchers upon which 
warrants will be drawn, so that the payments from loan funds can be 
controlled and Rural Development records kept current. If a supervised 
bank account is not used, use Rural Development 402-2, ``Statement of 
Deposits and Withdrawals,'' or similar form to monitor funds. Periodic 
reviews of nonsupervised accounts shall be made by Rural Development at 
the times and in the manner as Rural Development prescribes in the 
conditions of loan approval. State laws regulating the depositories to 
be used shall be complied with.
    (iii) Use of minority owned banks. Applicants are encouraged to use 
minority banks (a bank which is owned at least 50 percent by minority 
group members) for the deposit and disbursement of funds. A list of 
minority owned banks can be obtained from the Office of Minority 
Business Enterprise, Department of Commerce, Washington, DC 20230 and is 
also available in all Rural Development offices.
    (4) Development inspections. The District Director will be 
responsible for monitoring the construction of all projects being 
financed, wholly or in part, with Rural DevelopmentFmHA or its successor 
agency under Public Law 103-354 funds. Technical assistance will be 
provided by the State Director's staff. Project monitoring will include 
construction inspections and a review of each project inspection report, 
each change order and each partial payment estimate and other invoices 
such as payment for engineering/architectural and legal fees and other 
materials determined necessary to effectively monitor each project. 
These activities will not be performed on behalf of the applicant/
borrower, but are solely for the benefit of Rural Development and in no 
way are intended to relieve the applicant/borrower of corresponding 
obligations to conduct similar monitoring and inspection activities. 
Project monitoring will include periodic inspections to review partial 
payment estimates prior to their approval and to review project 
development in accordance with plans and specifications. Each inspection 
will be recorded using Form RD 1924-12, ``Inspection Report.'' The 
original Form RD 1924-12 will be filed in the project case folder and a 
copy furnished to the State Director. The State Director will review 
inspection reports and will determine that the project is being 
effectively monitored. The District Director is authorized to review and 
accept partial payment estimates prepared by the contractor and approved 
by the borrower, provided the consulting engineer or architect, if one 
is being utilized for the project, has approved the estimate and 
certified that all material purchased or work performed is in accordance 
with the plans and specifications, or if a consulting engineer or 
architect is not being utilized, the District Director has determined 
that the funds requested are for authorized purposes. If there is any 
indication that construction is not being completed in accordance with 
the plans and specifications or that any other problems exist, the 
District Director should notify the State Director immediately and 
withhold all payments on the contract.
    (5) Payment for construction. Each payment for project costs must be 
approved by the borrower's governing body. Payment for construction must 
be for amounts shown on payment estimate forms. Form RD 1924-18, 
``Partial Payment Estimate,'' may be used for this purpose or other 
similar forms

[[Page 79]]

may be used with the prior approval of the State Director or designee. 
However, the State Director or designee cannot require a greater 
reporting burden than is required by Form RD 1924-18. Advances for 
contract retainage will not be made until such retainage is due and 
payable under the terms of the contract. The review and acceptance of 
project costs, including construction partial payment estimates by the 
Agency, does not attest to the correctness of the amounts, the 
quantities shown, or that the work has been performed under the terms of 
agreements or contracts.
    (6) Use of remaining funds. Funds remaining after all costs incident 
to the basic project have been paid or provided for will not include 
applicant contributions. Applicant contributions will be considered as 
funds initially expended for the project. Funds remaining, with 
exception of applicant contributions, may be considered in direct 
proportion to the amount obtained from each source. Remaining funds will 
be handled as follows:
    (i) Agency loan and/or grant funds. Remaining funds may be used for 
purposes authorized by paragraph (d) of this section, provided the use 
will not result in major changes to the facility design or project and 
that the purposes of the loan and/or grant remains the same.
    (A) On projects that only involve an agency loan and no agency 
grant, funds that are not needed will be applied as an extra payment on 
the RD indebtedness unless other disposition is required by the bond 
ordinance, resolution, or State statute.
    (B) On projects that involve an agency grant, all remaining agency 
funds will be considered to be grant funds up to the full amount of the 
grant. Grant funds not expended under paragraph (p)(6)(i) of this 
section will be deobligated.
    (ii) Funds from other sources. Funds remaining from other sources 
will be handled according to rules, regulations and/or the agreement 
governing their participation in the project.
    (q) Borrower accounting methods, management reporting and audits. 
(1) Annual financial statements. Borrowers are required to provide the 
Agency with annual financial statements for the life of the loan as 
outlined in the Letter of Conditions issued by the Agency. The financial 
statements are the responsibility of the borrower's governing body. The 
type of statement required is dependent on the amount of Federal 
financial assistance received during the borrower's fiscal year. Federal 
financial assistance includes Federal assistance that a non-Federal 
entity received or administered during the entity's fiscal year in the 
form of grants, loans, and loan guarantees. A Federal award is Federal 
financial assistance a non-Federal entity received directly from Federal 
awarding agencies or indirectly from pass-through entities. Federal 
awards expended generally pertain to events that require the non-Federal 
entity to comply with Federal Statues, regulations, and terms and 
conditions of federal awards, such as: expenditure/expense transactions 
associated with grants, cost-reimbursement contracts, cooperative 
agreements, and direct appropriations; the disbursement of funds passed 
through to sub-recipients; the use of loan proceeds under loan and loan 
guarantee programs; the receipt of property; the receipt of surplus 
property; the receipt or use of program income; the distribution or 
consumption of food commodities; the disbursement of amounts entitling 
the non-Federal entity to an interest subsidy; and, the period when 
insurance is in force.
    (2) Method of accounting and preparation of financial statements. 
Annual organization-wide financial statements must be prepared on the 
accrual basis of accounting, in accordance with Generally Accepted 
Accounting Principles (GAAP), unless State statute, tribal law or 
regulatory agencies provide otherwise, or an exception is granted by the 
Agency. An organization may maintain its accounting records on a basis 
other than accrual accounting, and make the necessary adjustments so 
that annual financial statements are presented on the accrual basis.
    (3) Record retention. Each Applicant will retain all records, books, 
and supporting material for 3 years after the issuance of the audit or 
management reports, or for a time period required by other agencies or 
common business

[[Page 80]]

practice, whichever is longer. Upon request, this material will be made 
available to Rural Development, OIG, USDA, the Comptroller General, or 
to their assignees.
    (4) Audits. Any applicant that expends $750,000 or more in Federal 
financial assistance during their fiscal year must submit an audit 
report conducted in accordance with 2 CFR part 200, subpart F, ``Audit 
Requirements.'' Applicants expending less than $750,000 in Federal 
financial assistance per fiscal year are exempt from 2 CFR part 200 
audit requirements. All audits are to be performed in accordance with 
the latest revision of the Generally Accepted Government Accounting 
Standards (GAGAS), developed by the Comptroller General of the United 
States. Further guidance on preparing an acceptable audit can be 
obtained from any Agency office. It is not intended that audits required 
by this part be separate and apart from audits performed in accordance 
with State and local laws. To the extent feasible, the audit work should 
be done in conjunction with those audits. Audits should be supplied to 
the Processing Official within the timeframes stated in paragraph (f) of 
this section. OMB Circulars and Agency Compliance Supplements are 
available in any USDA/Agency office or OMB's Web site. Any state, local 
government, or Indian tribe that is required by constitution or state 
statute, in effect on January 1, 1987, to undergo its audits less 
frequently than annually, is permitted to undergo its audits biennially, 
pursuant to 2 CFR 200.504(a). This requirement must still be in effect 
for the biennial period. Any nonprofit organization that had biennial 
audits for all biennial periods ending between July 1, 1992, and January 
1, 1995, is permitted to undergo its audits biennially, pursuant to 2 
CFR 200.504(b). All biennial audits must cover both years within the 
biennial period.
    (5) Exemption from audits. Except as noted in 2 CFR 200.503, 
Relation to other audit requirement, public bodies or nonprofits 
expending less than $750,000 in Federal awards during its fiscal year, 
whose payments are current, and are having no signs of operational or 
financial difficulty may submit a management report. A management 
report, at a minimum, will include a balance sheet and income and 
expense statement. Financial information may be reported on Form RD 442-
2, ``Statement of Budget, Income and Equity'' and RD Form 442-3, 
``Balance Sheet'', or similar. The following management data will be 
submitted by the borrower to the servicing office. Records must be 
available for review or audit by appropriate officials of the Federal 
agency, pass-through entity, and Government Accountability Office (GAO).
    (i) Annual management reports. Thirty days prior to the beginning of 
each fiscal year the following will be submitted to the Servicing 
Official:
    (A) One copy of the proposed annual budget. The borrower will submit 
two copies of Form RD 442-2, or equivalent, Statement of Budget, Income 
and Equity, Schedule 1, page 1; and Schedule 2, Projected Cash Flow. The 
only data required at this time is Schedule 1, page 1, Column 3, annual 
budget, and all of Schedule 2, Projected Cash Flow.
    (B) An annual audit report may be submitted in lieu of Forms RD 442-
2 and 442-3.
    (ii) [Reserved]
    (6) Deadlines for submitting audits and management reports. In 
accordance with 2 CFR part 200, audits must be submitted no later than 9 
months after the end of the fiscal year or 30 days after the borrower's 
receipt of the auditor's reports, whichever is earlier. Management 
reports must be submitted no later than 2 months after the end of the 
borrower's fiscal year.
    (7) Additional information to be submitted with audits and 
management reports. (i) Insurance. Agency borrowers will maintain 
adequate insurance coverage as required by the loan resolution and Sec.  
1942.17(j)(3). The servicing official is required to monitor insurance 
annually after the initial insurance verification.
    (ii) Reserve account(s). Borrowers will provide documentation that 
the Agency required reserve account(s) is properly funded;
    (iii) Property tax information. If applicable, documentation that 
property taxes have been paid and are current.
    (iv) A list of directors and officers.

[[Page 81]]

    (8) Quarterly reports. A quarterly management report will be 
required for the first full year of operations for new borrowers, and 
existing borrowers operating a new facility, starting a new type of 
operation or proposing a significant expansion of an existing facility. 
Borrowers should submit the following to the Servicing Official:
    (i) One copy of Form RD 442-2, or equivalent, Schedule 1, page 1, 
columns 4-6, as appropriate, and page 2. This information should be 
received in the Servicing Office 30 days after the end of each of the 
first three quarters of the fiscal year.
    (ii) The Servicing Office may request a borrower experiencing 
financial or management problems to submit quarterly copies of Form RD 
442-2, or equivalent, Schedule 1, pages 1 and 2.

[50 FR 7296, Feb. 22, 1985]

    Editorial Note: For Federal Register citations affecting Sec.  
1942.17, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  1942.18  Community facilities--Planning, bidding, contracting, constructing.

    (a) General. This section is specifically designed for use by owners 
including the professional or technical consultants and/or agents who 
provide assistance and services such as architectural, engineering, 
inspection, financial, legal or other services related to planning, 
bidding, contracting, and constructing community facilities. These 
procedures do not relieve the owner of the contractual obligations that 
arise from the procurement of these services. For this section, an owner 
is defined as an applicant, borrower, or grantee.
    (b) Technical services. Owners are responsible for providing the 
engineering or architectural services necessary for planning, designing, 
bidding, contracting, inspecting, and constructing their facilities. 
Services may be provided by the owner's ``in house'' engineer or 
architect or through contract, subject to Rural Development concurrence. 
Architects and engineers must be licensed in the State where the 
facility is to be constructed.
    (c) Preliminary reports. Preliminary architectural and engineering 
reports must conform with customary professional standards. Preliminary 
report guidelines for water, sanitary sewer, solid waste, storm sewer, 
and other essential community facilities are available from Rural 
Development.
    (d) Design policies. Facilities financed by Rural Development will 
be designed and constructed in accordance with sound engineering and 
architectural practices, and must meet the requirements of Federal, 
State and local agencies.
    (1) Natural resources. Facility planning should be responsive to the 
owner's needs and should consider the long-term economic, social and 
environmental needs as set forth in this section. The Agency's 
environmental review requirements are found at 7 CFR part 1970.
    (2) Historic preservation. Facilities should be designed and 
constructed in a manner which will contribute to the preservation and 
enhancement of sites, structures, and objects of historical, 
architectural, and archaeological significance. All facilities must 
comply with Section 106 of the National Historic Preservation Act of 
1966 (16 U.S.C 470), as implemented by 36 CFR part 800, and Executive 
Order 11593, ``Protection and Enhancement of the Cultural Environment.'' 
7 CFR part 1970 sets forth procedures for the protection of historic and 
archaeological properties.
    (3) Architectural barriers. All facilities intended for or 
accessible to the public or in which physically handicapped persons may 
be employed or reside must be developed in compliance with the 
Architectural Barriers Act of 1968 (Pub. L. 90-480) as implemented by 
the General Services Administration regulations 41 CFR 101-19.6 and 
section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112) as 
implemented by 7 CFR parts 15 and 15b.
    (4) Health care facilities. The proposed facility must meet the 
minimum standards for design and construction contained in the American 
Institute of Architects Press Publication No. ISBN 0-913962-96-1, 
``Guidelines for Construction and Equipment of Hospital and Medical 
Facilities,'' 1987 Edition. The

[[Page 82]]

facility must also meet the life/safety aspects of the 1985 edition of 
the National Fire Protection Association (NFPA) 101 Life Safety Code, or 
any subsequent code that may be designated by the Secretary of HHS. All 
publications referenced in this section are available in all Rural 
Development State Offices. Under Sec.  1942.17(j)(8)(ii) of this 
subpart, a statement by the responsible regulatory agency that the 
facility meets the above standards will be required. Any exceptions must 
have prior National Office concurrence.
    (5) Energy conservation. Facility design should consider cost 
effective energy saving measures or devices.
    (6) Lead base paints. Lead base paints shall not be used in 
facilities designed for human habitation. Owners must comply with the 
Lead Base Paints Poisoning and Prevention Act of 1971 (42 U.S.C. 4801) 
and the National Consumer Health Information and Health Promotion Act of 
1976 (Pub. L. 94-317) with reference to paint specifications used 
according to exhibit H of subpart A of part 1924 of this chapter.
    (7) Fire protection. Water facilities must have sufficient capacity 
to provide reasonable fire protection to the extent practicable.
    (8) Growth capacity. Facilities must have sufficient capacity to 
provide for reasonable growth to the extent practicable.
    (9) Water conservation. Owners are encouraged, when economically 
feasible, to incorporate water conservation practices into a facility's 
design. For existing water systems, evidence must be provided showing 
that the distribution system water losses do not exceed reasonable 
levels.
    (10) Water quality. All water facilities must meet the requirements 
of the Safe Drinking Water Act (Pub. L. 93-523) and provide water of a 
quality that meets the current Interim Primary Drinking Water 
Regulations (40 CFR part 141).
    (11) Combined sewers. New combined sanitary and storm water sewer 
facilities will not be financed by Rural Development. Extensions to 
existing combined systems can only be financed when separate systems are 
impractical.
    (12) Compliance. All facilities must meet the requirements of 
Federal, State, and local agencies having the appropriate jurisdiction.
    (13) Dam safety. Projects involving any artificial barrier which 
impounds or diverts water, or the rehabilitation or improvement of such 
a barrier, should comply with the provisions for dam safety as discussed 
in the Federal Guidelines for Dam Safety (Government Printing Office 
stock No. 041-001-00187-5) as prepared by the Federal Coordinating 
Council for Science, Engineering and Technology.
    (14) Pipe. All pipe used shall meet current American Society for 
Testing Materials (ASTM) or American Water Works Association (AWWA) 
standards.
    (15) Water system testing. For new water systems or extensions to 
existing water systems, leakage shall not exceed 10 gallons per inch of 
pipe diameter per mile of pipe per 24 hours when tested at 1\1/2\ times 
the working pressure or rated pressure of the pipe, whichever is 
greater.
    (16) Metering devices. Water facilities financed by Rural 
Development will have metering devices for each connection. An exception 
to this requirement may be granted by the Rural Development's State 
Director when the owner demonstrates that installation of metering 
devices would be a significant economic detriment and that environmental 
consideration would not be adversely affected by not installing such 
devices.
    (17) Seismic safety. (i) All new building construction shall be 
designed and constructed in accordance with the seismic provisions of 
one of the following model building codes or the latest edition of that 
code providing an equivalent level of safety to that contained in latest 
edition of the National Earthquake Hazard Reduction Program's (NEHRP) 
Recommended Provisions for the Development of Seismic Regulations for 
New Building (NEHRP Provisions):
    (A) 1991 International Conference of Building Officials (ICBO) 
Uniform Building Code;
    (B) 1993 Building Officials and Code Administrators International, 
Inc. (BOCA) National Building Code; or
    (C) 1992 Amendments to the Southern Building Code Congress 
International (SBCCI) Standard Building Code.

[[Page 83]]

    (ii) The date, signature, and seal of a registered architect or 
engineer and the identification and date of the model building code on 
the plans and specifications will be evidence of compliance with the 
seismic requirements of the appropriate building code.
    (e) Construction contracts. Contract documents must be sufficiently 
descriptive and legally binding in order to accomplish the work as 
economically and expeditiously as possible.
    (1) Standard construction contract documents are available from 
Rural Development. When Rural Development's standard construction 
contract documents are used, it will normally not be necessary for the 
Office of the General Counsel (OGC) to perform a detailed legal review. 
If the construction contract documents utilized are not in the format of 
guide forms previously approved by Rural Development, OGC's review of 
the construction contract documents will be obtained prior to their use.
    (2) Contract review and approval. The owner's attorney will review 
the executed contract documents, including performance and payment 
bonds, and will certify that they are adequate, and that the persons 
executing these documents have been properly authorized to do so. The 
contract documents, bids bonds, and bid tabulation sheets will be 
forwarded to Rural Development for approval prior to awarding. All 
contracts will contain a provision that they are not in full force and 
effect until they have been approved by Rural Development. The Rural 
Development State Director or designee is responsible for approving 
construction contracts with the legal advice and guidance of the OGC 
when necessary.
    (3) Separate contracts. Arrangements which split responsibility of 
contractors (separate contracts for labor and material, extensive 
subcontracting and multiplicity of small contracts on the same job), 
should be avoided whenever it is practical to do so. Contracts may be 
awarded to suppliers or manufacturers for furnishing and installing 
certain items which have been designed by the manufacturer and delivered 
to the job site in a finished or semifinished state such as 
perfabricated buildings and lift stations. Contracts may also be awarded 
for material delivered to the job site and installed by a patented 
process or method.
    (f) Utility purchase contracts. Applicants proposing to purchase 
water or other utility service from private or public sources shall have 
written contracts for supply or service which are reviewed and approved 
by the Rural Development State Director or designee. To the extent 
practical, Rural Development review and approval of such contracts 
should take place prior to their execution by the owner. Form RD 442-30, 
``Water Purchase Contract,'' may be used when appropriate. If the Rural 
Development loan will be repaid from system revenues, the contract will 
be pledged to Rural Development as part of the security for the loan. 
Such contracts will:
    (1) Include a commitment by the supplier to furnish, at a specified 
point, an adequate quantity of water or other service and provide that, 
in case of shortages, all of the supplier's users will proportionately 
share shortages. If it is impossible to obtain a firm commitment for 
either an adequate quantity or sharing shortages proportionately, a 
contract may be executed and approved provided adequate evidence is 
furnished to enable Rural Development to make a determination that the 
supplier has adequate supply and/or treatment facilities to furnish its 
other users and the applicant for the foreseeable future; and
    (i) The supplier is subject to regulations of the Federal Energy 
Regulatory Commission or other Federal or State agency whose 
jurisdiction can be expected to prevent unwarranted curtailment of 
supply; or
    (ii) A suitable alternative supply could be arranged within the 
repayment ability of the borrower if it should become necessary; or
    (iii) Prior approval is obtained from the National Office. The 
following information should be submitted to the National Office:
    (A) Transmittal memorandum including:
    (1) Alternative supplies considered; and
    (2) Recommendations and comments; and

[[Page 84]]

    (3) Any other necessary supporting information.
    (B) Copies of the following:
    (1) Proposed letter of conditions; and
    (2) Form RD 442-7, ``Operating Budget''; and
    (3) Form RD 442-3, ``Balance Sheet''; and
    (4) Preliminary Engineering Report; and
    (5) Proposed Contract.
    (C) Owner and Rural Development engineer's comments and 
recommendations.
    (D) Documentation and statement from the supplier that it has an 
adequate supply and treatment facilities available to meet the needs of 
its users and the owner for the foreseeable future.
    (2) Set out the ownership and maintenance responsibilities of the 
respective parties including the master meter if a meter is installed at 
the point of delivery.
    (3) Specify the initial rates and provide some kind of escalator 
clause which will permit rates for the association to be raised or 
lowered proportionately as certain specified rates for the supplier's 
regular customers are raised or lowered. Provisions may be made for 
altering rates in accordance with the decisions of the appropriate State 
agency which may have regulatory authority.
    (4) Run for a period of time which is at least equal to the 
repayment period of the loan. State Directors may approve contracts for 
shorter periods of time if the supplier cannot legally contract for such 
period, or if the owner and supplier find it impossible or impractical 
to negotiate a contract for the maximum period permissible under State 
law, provided:
    (i) The supplier is subject to regulations of the Federal Energy 
Regulatory Commission or other Federal or State agency whose 
jurisdiction can be expected to prevent unwarranted curtailment of 
supply; or
    (ii) The contract contains adequate provisions for renewal; or
    (iii) A determination is made that in the event the contract is 
terminated, there are or will be other adequate sources available to the 
owner that can feasibly be developed or purchased.
    (5) Set out in detail the amount of connection or demand charges, if 
any, to be made by the supplier as a condition to making the service 
available to the owner. However, the payment of such charges from loan 
funds shall not be approved unless Rural Development determines that it 
is more feasible and economical for the owner to pay such a connection 
charge than it is for the owner to provide the necessary supply by other 
means.
    (6) Provide for a pledge of the contract to Rural Development as 
part of the security for the loan.
    (7) Not contain provisions for:
    (i) Construction of facilities which will be owned by the supplier. 
This does not preclude the use of money paid as a connection charge for 
construction to be done by the supplier.
    (ii) Options for the future sale or transfer. This does not preclude 
an agreement recognizing that the supplier and owner may at some future 
date agree to a sale of all or a portion of the facility.
    (g) Sewage treatment and bulk water sales contracts. Owners entering 
into agreements with private or public parties to treat sewage or supply 
bulk water shall have written contracts for such service and all such 
contracts shall be subject to Rural Development concurrence. Paragraph 
(f) of this section should be used as a guide to prepare such contracts.
    (h) Performing construction. Owners are encouraged to accomplish 
construction through contracts with recognized contractors. Owners may 
accomplish construction by using their own personnel and equipment 
provided the owners possess the necessary skills, abilities and 
resources to perform the work and provided a licensed engineer or 
architect prepares design drawings and specifications and inspects 
construction and furnishes inspection reports as required by paragraph 
(o) of this section. For other than utility-type facilities, inspection 
services may be provided by individuals as approved by the Rural 
Development State Director. In either case, the requirements of 
paragraph (j) of this section apply. Payments for construction will be 
handled under Sec.  1942.17(p)(5) of this part.

[[Page 85]]

    (i) Owner's contractual responsibility. This subpart does not 
relieve the owner of any contractual responsibilities under its 
contract. The owner is responsible for the settlement of all 
contractural and administrative issues arising out of procurements 
entered into in support of a loan or grant. These include, but are not 
limited to: source evaluation, protests, disputes, and claims. Matters 
concerning violation of laws are to be referred to the local, State, or 
Federal authority as may have jurisdiction.
    (j) Owner's procurement regulations. Owner's procurement regulations 
must comply with the following standards:
    (1) Code of conduct. Owners shall maintain a written code or 
standards of conduct which shall govern the performance of their 
officers, employees or agents engaged in the award and administration of 
contracts supported by Rural Development funds. No employee, officer or 
agent of the owner shall participate in the selection, award, or 
administration of a contract supported by Rural Development funds if a 
conflict of interest, real or apparent, would be involved. Examples of 
such conflicts would arise when: the employee, officer or agent; any 
member of their immediate family; their partner; or an organization 
which employs, or is about to employ, any of the above; has a financial 
or other interest in the firm selected for the award.
    (i) The owner's officers, employees or agents shall neither solicit 
nor accept gratuities, favors or anything of monetary value from 
contractors, potential contractors, or parties of subagreements.
    (ii) To the extent permitted by State or local law or regulations, 
the owner's standards of conduct shall provide for penalties, sanctions, 
or other disciplinary actions for violations of such standards by the 
owner's officers, employees, agents, or by contractors or their agents.
    (2) Maximum open and free competition. All procurement transactions, 
regardless of whether by sealed bids or by negotiation and without 
regard to dollar value, shall be conducted in a manner that provides 
maximum open and free competition. Procurement procedures shall not 
restrict or eliminate competition. Examples of what are considered to be 
restrictive of competition include, but are not limited to: Placing 
unreasonable requirements on firms in order for them to qualify to do 
business; noncompetitive practices between firms; organizational 
conflicts of interest; and unnecessary experience and bonding 
requirements. In specifying material(s), the owner and its consultant 
will consider all materials normally suitable for the project 
commensurate with sound engineering practices and project requirements. 
For a water or waste disposal facility, Rural Development shall consider 
fully any recommendation made by the loan applicant or borrower 
concerning the technical design and choice of materials to be used for 
such a facility. If Rural Development determines that a design or 
material, other than those that were recommended should be considered by 
including them in the procurement process as an acceptable design or 
material in the water or waste disposal facility, Rural Development 
shall provide such applicant or borrower with a comprehensive 
justification for such a determination. The justification will be 
documented in writing.
    (3) Owner's review. Proposed procurement actions shall be reviewed 
by the owner's officials to avoid the purchase of unnecessary or 
duplicate items. Consideration should be given to consolidation or 
separation of procurement items to obtain a more economical purchase. 
Where appropriate, an analysis shall be made of lease versus purchase 
alternatives, and any other appropriate analysis to determine which 
approach would be the most economical. To foster greater economy and 
efficiency, owners are encouraged to enter into State and local 
intergovernmental agreements for procurement or use of common goods and 
services.
    (4) Solicitation of offers, whether by competitive sealed bids or 
competitive negotiation, shall:
    (i) Incorporate a clear and accurate description of the technical 
requirements for the material, product, or service to be procured. The 
description shall not, in competitive procurements, contain features 
which unduly restrict

[[Page 86]]

competition. The description may include a statement of the qualitative 
nature of the material, product or service to be procured, and when 
necessary shall set forth those minimum essential characteristics and 
standards to which it must conform if it is to satisfy its intended use. 
Detailed product specifications should be avoided if at all possible. 
When it is impractical or uneconomical to make a clear and accurate 
description of the technical requirements, a ``brand name or equal'' 
description may be used to define the performance or other salient 
requirements of a procurement. The specific features of the named brands 
which must be met by offerors shall be clearly stated.
    (ii) Clearly specify all requirements which offerors must fulfill 
and all other factors to be used in evaluating bids or proposals.
    (5) Small, minority, and women's businesses and labor surplus area 
firms. (i) affirmative steps should be taken to assure that small and 
minority businesses are utilized when possible as sources of supplies, 
equipment, construction and services. Affirmative steps shall include 
the following:
    (A) Include qualified small and minority businesses on solicitation 
lists.
    (B) Assure that small and minority businesses are solicited whenever 
they are potential sources.
    (C) When economically feasible, divide total requirements into 
smaller tasks or quantities so as to permit maximum small and minority 
business participation.
    (D) Where the requirement permits, establish delivery schedules 
which will encourage participation by small and minority businesses.
    (E) Use the services and assistance of the Small Business 
Administration and the Office of Minority Business Enterprise of the 
Department of Commerce.
    (F) If any subcontracts are to be let, require the prime contractor 
to take the affirmative steps in paragraphs (j)(5)(i) (A) through (E) of 
this section.
    (ii) Owners shall take similar appropriate affirmative action in 
support of women's businesses.
    (iii) Owners are encouraged to procure goods and services from labor 
surplus areas.
    (iv) Owners shall submit a written statement or other evidence to 
Rural Development of the steps taken to comply with paragraphs (j)(5)(i) 
(A) through (F), (j)(5)(ii), and (j)(5)(iii) of this section.
    (6) Contract pricing. Cost plus a percentage of cost method of 
contracting shall not be used.
    (7) Unacceptable bidders. The following will not be allowed to bid 
on, or negotiate for, a contract or subcontract related to the 
construction of the project:
    (i) An engineer or architect as an individual or firm who has 
prepared plans and specifications or who will be responsible for 
monitoring the construction;
    (ii) Any firm or corporation in which the owner's architect or 
engineer is an officer, employee, or holds or controls a substantial 
interest;
    (iii) The governing body's officers, employees, or agents;
    (iv) Any member of the immediate family or partners in paragraphs 
(j)(7)(i), (j)(7)(ii), or (j)(7)(iii) of this section; or
    (v) An organization which employs, or is about to employ, any person 
in paragraph (j)(7)(i), (j)(7)(ii), (j)(7)(iii) or (j)(7)(iv) of this 
section.
    (8) Contract award. Contracts shall be made only with responsible 
parties possessing the potential ability to perform successfully under 
the terms and conditions of a proposed procurement. Consideration shall 
include but not be limited to matters such as integrity, record of past 
performance, financial and technical resources, and accessibility to 
other necessary resources. Contracts shall not be made with parties who 
are suspended or debarred.
    (k) Procurement methods. Procurement shall be made by one of the 
following methods: small purchase procedures; competitive sealed bids 
(formal advertising); competitive negotiation; or noncompetitive 
negotiation. Competitive sealed bids (formal advertising) is the 
preferred procurement method for construction contracts.
    (1) Small purchase procedures. Small purchase procedures are those 
relatively simple and informal procurement methods for securing 
services, supplies or other property, costing in

[[Page 87]]

the aggregate not more than the Simplified Acquisition Threshold. If 
small purchase procedures are used for a procurement, written price or 
rate quotations shall be obtained from an adequate number of qualified 
sources.
    (2) Competitive sealed bids. In competitive sealed bids (formal 
advertising), sealed bids are publicly solicited and a firm-fixed-price 
contract (lump sum or unit price) is awarded to the responsible bidder 
whose bid, conforming with all the material terms and conditions of the 
invitation for bids, is lowest, price and other factors considered. When 
using this method the following shall apply:
    (i) At a sufficient time prior to the date set for opening of bids, 
bids shall be solicited from an adequate number of qualified sources. In 
addition, the invitation shall be publicly advertised.
    (ii) The invitation for bids, including specifications and perinent 
attachments, shall clearly define the items or services needed in order 
for the bidders to properly respond to the invitation under paragraph 
(j)(4) of this section.
    (iii) All bids shall be opened publicly at the time and place stated 
in the invitation for bids.
    (iv) A firm-fixed-price contract award shall be made by written 
notice to that responsible bidder whose bid, conforming to the 
invitation for bids, is lowest. When specified in the bidding documents, 
factors such as discounts and transportation costs shall be considered 
in determining which bid is lowest.
    (v) Any or all bids may be rejected by the owner when it is in their 
best interest.
    (3) Competitive negotiation. In competitive negotiations, proposals 
are requested from a number of sources and the Request for Proposal is 
publicized. Negotiations are normally conducted with more than one of 
the sources submitting offers. Competitive negotiation may be used if 
conditions are not appropriate for the use of formal advertising and 
where discussions and bargaining with a view to reaching agreement on 
the technical quality, price, other terms of the proposed contract and 
specifications may be necessary. If competitive negotiation is used for 
a procurement, the following requirements shall apply:
    (i) Proposals shall be solicited from an adequate number of 
qualified sources to permit reasonable competition consistent with the 
nature and requirements of the procurement. The Request for Proposal 
shall be publicized and reasonable requests by other sources to compete 
shall be honored to the maximum extent practicable.
    (ii) The Request for Proposal shall identify all significant 
evaluation factors, including price or cost where required, and their 
relative importance.
    (iii) The owner shall provide mechanisms for technical evaluation of 
the proposals received, determination of responsible offerors for the 
purpose of written or oral discussions, and selection for contract 
award.
    (iv) Award may be made to the responsible offeror whose proposal 
will be most advantageous to the owner, price and other factors 
considered. Unsuccessful offerors should be promptly notified.
    (v) Owners may utilize competitive negotiation procedures for 
procurement of architectural/engineering and other professional 
services, whereby competitors' qualifications are evaluated and the most 
qualified competitor is selected, subject to negotiations of fair and 
reasonable compensation.
    (4) Noncompetitive negotiation. Noncompetitive negotiation is 
procurement through solicitation of a proposal from only one source, or 
after solicitation of a number of sources competition is determined 
inadequate. Noncompetitive negotiation may be used when the award of a 
contract is not feasible under small purchase, competitive sealed bids 
(formal advertising) or competitive negotiation procedures. 
Circumstances under which a contract may be awarded by noncompetitive 
negotiations are limited to the following:
    (i) The item is available only from a single source; or
    (ii) There exists a public exigency or emergency and the urgency for 
the requirement will not permit a delay incident to competitive 
solicitation; or
    (iii) After solicitation of a number of sources, competition is 
determined inadequate; or

[[Page 88]]

    (iv) No acceptable bids have been received after formal advertising; 
or
    (v) The procurement of architectural/engineering and other 
professional services.
    (vi) The aggregate amount does not exceed $50,000.
    (5) Additional procurement methods. Additional innovative 
procurement methods may be used by the owner with prior written approval 
of the Rural Development National Office.
    (l) Alternate contracting methods. The services of the consulting 
engineer or architect and the general construction contractor shall 
normally be procured from unrelated sources in accordance with paragraph 
(j)(7) of this section. Alternate contracting methods which combine or 
rearrange design, inspection or construction services (such as design/
build or construction management/constructor) may be used with Rural 
Development written approval.
    (1) The owner will request Rural Development approval by providing 
the following information to the State Office for review and approval by 
the State Architect:
    (i) The owner's written request to use an unconventional contracting 
method with a description of the proposed method.
    (ii) A proposed scope of work describing in clear, concise terms the 
technical requirements for the contract. This would include a 
nontechnical statement summarizing the work to be performed by the 
contractor, the expected results, the sequence in which the work is to 
be performed, and a proposed construction schedule.
    (iii) A proposed firm-fixed-price contract for the entire project 
which provides that the contractor shall be responsible for any extra 
cost which may result from errors or omissions in the services provided 
under the contract and compliance with all Federal, State, and local 
requirements effective on the contract execution date.
    (iv) An evaluation of the contractor's performance on previous 
similar projects in which the contractor acted in a similar capacity.
    (v) A detailed listing and cost estimate of equipment and supplies 
not included in the construction contract but which are necessary to 
properly operate the facility.
    (vi) Evidence that a qualified construction inspector who is 
independent of the contractor has or will be hired.
    (vii) Preliminary plans and outline specifications. However, final 
plans and specifications must be completed and reviewed by Rural 
Development prior to the start of construction.
    (viii) The owner's attorney's opinion and comments regarding the 
legal adequacy of the proposed contract documents and evidence that the 
owner has the legal authority to enter into and fulfill the contract.
    (2) The State Office may approve design/build or construction 
management/constructor projects if the contract amount is equal to or 
less than $250,000.
    (3) If the contract amount exceeds $250,000, National Office prior 
concurrence must be obtained in accordance with Sec.  1942.9(b) of this 
subpart. Additional information, such as plans and specifications, may 
be requested by the National Office.
    (4) The Design/Build method of construction is one in which the 
architectural and engineering services, normally provided by an 
independent consultant to the owner, are combined with those of the 
General Contractor under a single source contract. These services are 
commonly provided by a Design/Build firm, a joint venture between an 
architectural firm and a construction firm, or a company providing pre-
engineered buildings and design services.
    (5) The Construction Management/constructor (CMc), acts in the 
capacity of a General Contractor and is actually responsible for the 
construction. This type of construction management is also referred to 
as Construction Manager ``At Risk.'' The construction contract is 
between the owner and the CMc. The CMc, in turn, may subcontract for 
some or all of the work.
    (6) The National Office may approve other alternative contact 
methods, such as Construction Management/advisor (CMa), with a 
recommendation from the State Office. The recommendation shall indicate 
the circumstances which prove this method advantageous to the applicant 
and the

[[Page 89]]

Government. A CMa acts in an advisory capacity to the owner, and the 
actual contract for construction is between the owner and a prime 
contractor or multiple prime contractors. When a contract for an 
architect and a CMa are being provided, it is important to make sure 
that separate professionals are not being paid to provide similar 
services. Further, paragraph (e)(3) of this section discourages separate 
contracts for construction.
    (7) All alternate contracting method projects must comply with the 
requirements for ``maximum open and free competition'' in paragraph 
(j)(2) of this section. Choosing an alternate contracting method is not 
a way to avoid competition. Further information on procurement methods, 
which must be followed, is provided in paragraph (k) of this section.
    (m) Contracts awarded prior to preapplications. Owners awarding 
construction or other procurement contracts prior to filing a pre-
application with Rural Development must comply with the following:
    (1) Evidence. Provide conclusive evidence that the contract was 
entered into without intent to circumvent the requirements of Rural 
Development regulations. The evidence will consist of at least the 
following:
    (i) The lapse of a reasonable period of time between the date of 
contract award and the date of filing the preapplication which clearly 
indicates an irreconcilable failure of previous financial arrangements; 
or
    (ii) A written statement explaining initial plans for financing the 
project and reasons for failure to obtain the planned credit.
    (2) Modifications. Modify the outstanding contract to conform with 
the provisions of this subpart. Where this is not possible, 
modifications will be made to the extent practicable and, as a minimum, 
the contract must comply with all State and local laws and regulations 
as well as statutory requirements and executive orders related to the 
Rural Development financing. When all construction is complete and it is 
impracticable to modify the contracts, the owner must provide the 
certification required by paragraph (m)(4) of this section.
    (3) Consultant's certification. Provide a certification by an 
engineer or architect that any construction performed complies fully 
with the plans and specifications.
    (4) Owner's certification. Provide a certification by the owner that 
the contractor has complied with all statutory and executive 
requirements related to Rural Development financing for construction 
already performed even though the requirements may not have been 
included in the contract documents.
    (n) Contract provisions. In addition to provisions defining a sound 
and complete contract, any recipient of Rural Development funds shall 
include the following contract provisions or conditions in all 
contracts:
    (1) Remedies. Contracts other than small purchases shall contain 
provisions or conditions which will allow for administrative, 
contractual, or legal remedies in instances where contractors violate or 
breach contract terms, and provide for such sanctions and penalties as 
may be appropriate. A realistic liquidated damage provision should also 
be included.
    (2) Termination. All contracts exceeding $10,000, shall contain 
provisions for termination by the owner including the manner by which it 
will be affected and the basis for settlement. In addition, such 
contracts shall describe conditions under which the contract may be 
terminated for default as well as conditions when the contract may be 
terminated because of circumstances beyond the control of the 
contractor.
    (3) Surety. In all contracts for construction or facility 
improvements awarded exceeding $100,000, the owner shall require bonds, 
a bank letter of credit or cash deposit in escrow assuring performance 
and payment, each in the amount of 100 percent of the contract cost. The 
surety will normally be in the form of performance bonds and payment 
bonds; however, when other methods of surety may be necessary, bid 
documents must contain provisions for such alternative types of surety. 
The use of surety other than performance bonds and payment bonds 
requires concurrence by the National Office after submission of a 
justification by the State Director together with the

[[Page 90]]

proposed form of escrow agreement or letter of credit. For contracts of 
lesser amounts, the owner may require surety. When a surety is not 
provided, contractors will furnish evidence of payment in full for all 
materials, labor, and any other items procured under the contract. Form 
RD 1924-10, ``Release by Claimants,'' and Form RD 1924-9, ``Certificate 
of Contractor's Release,'' may be obtained at the local Rural 
Development office and used for this purpose. The United States, acting 
through Rural Development, will be named as co-obligee on all surety 
unless prohibited by State law. Companies providing performance bonds 
and payment bonds must hold a certificate of authority as an acceptable 
surety on Federal bonds as listed in Treasury Circular 570 as amended 
and be legally doing business in the State where the facility is 
located.
    (4) Equal Employment Opportunity. All contracts awarded in excess of 
$10,000 by owners shall contain a provision requiring compliance with 
Executive Order 11246, entitled, ``Equal Employment Opportunity,'' as 
amended by Executive Order 11375, and as supplemented by Department of 
Labor regulations 41 CFR part 60.
    (5) Anti-kickback. All contracts for construction shall include a 
provision for compliance with the Copeland ``Anti-Kickback'' Act (18 
U.S.C. 874). This Act provides that each contractor shall be prohibited 
from inducing, by any means, any person employed in the construction, 
completion, or repair of public work, to give up any part of the 
compensation to which they are otherwise entitled. The owner shall 
report all suspected or reported violations to Rural Development.
    (6) Records. All negotiated contracts (except those of $2,500 or 
less) awarded by owners shall include a provision to the effect that the 
owner, Rural Development, the Comptroller General of the United States, 
or any of their duly authorized representatives, shall have access to 
any books, documents, papers, and records of the contractor which are 
directly pertinent to a specific Federal loan program for the purpose of 
making audits, examinations, excerpts, and transcriptions. Owners shall 
require contractors to maintain all required records for three years 
after owners make final payments and all other pending matters are 
closed.
    (7) State Energy Conservation Plan. Contracts shall recognize 
mandatory standards and policies relating to energy efficiency which are 
contained in the State energy conservation plan issued in compliance 
with the Energy Policy and Conservation Act (Pub. L. 94-163).
    (8) Change orders. The construction contract shall require that all 
contract change orders be approved in writing by Rural Development.
    (9) Rural Development concurrence. All contracts must contain a 
provision that they shall not be effective unless and until the Rural 
Development State Director or designee concurs in writing.
    (10) Retainage. All construction contracts shall contain adequate 
provisions for retainage. No payments will be made that would deplete 
the retainage nor place in escrow any funds that are required for 
retainage nor invest the retainage for the benefit of the contractor. 
The retainage shall not be less than an amount equal to 10 percent of an 
approved partial payment estimate until 50 percent of the work has been 
completed. If the job is proceeding satisfactory at 50 percent 
completion, further partial payments may be made in full, however, 
previously retained amounts shall not be paid until construction is 
substantially complete. Additional amounts may be retained if the job is 
not proceeding satisfactorily, but in no event shall the total retainage 
be more than 10 percent of the value of the work completed.
    (11) Other compliance requirements. Contracts in excess of $100,000 
shall contain a provision which requires compliance with all applicable 
standards, orders, or requirements issued under section 306 of the Clean 
Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 
U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency 
(EPA) regulations 40 CFR part 15, which prohibit the use under non-
exempt Federal contracts, grants or loans of facilities included on the 
EPA List of Violating Facilities. The provision shall require reporting 
of violations to Rural Development and

[[Page 91]]

to the U.S. Environmental Protection Agency, Assistant Administrator for 
Enforcement. Solicitations and contract provisions shall include the 
requirements of 40 CFR part 15.4(c) as set forth in guide 18 of this 
subpart which is available in all Rural Development offices.
    (o) Contract administration. Owners shall be responsible for 
maintaining a contract administration system to monitor the contractors' 
performance and compliance with the terms, conditions, and 
specifications of the contracts.
    (1) Preconstruction conference. Prior to beginning construction, the 
owner will schedule a preconstruction conference where Rural Development 
will review the planned development with the owner, its architect or 
engineer, resident inspector, attorney, contractor(s), and other 
interested parties. The conference will thoroughly cover applicable 
items included in Form RD 1924-16, ``Record of Preconstruction 
Conference,'' and the discussion and agreements will be documented. Form 
RD 1924-16 may be used for this purpose.
    (2) Monitoring reports. Each owner will be required to monitor and 
provide reports to Rural Development on actual performance during 
construction for each project financed, or to be financed, in whole or 
in part with Rural Development funds to include:
    (i) A comparison of actual accomplishments with the construction 
schedule established for the period. The partial payment estimate may be 
used for this purpose.
    (ii) A narrative statement giving full explanation of the following:
    (A) Reasons why established goals were not met.
    (B) Analysis and explanation of cost overruns or high unit costs and 
how payment is to be made for the same.
    (iii) If events occur between reports which have a significant 
impact upon the project, the owner will notify Rural Development as soon 
as any of the following conditions are met:
    (A) Problems, delays, or adverse conditions which will materially 
affect the ability to attain program objectives or prevent the meeting 
of project work units by established time periods. This disclosure shall 
be accompanied by a statement of the action taken, or contemplated, and 
any Federal assistance needed to resolve the situation.
    (B) Favorable developments or events which enable meeting time 
schedules and goals sooner than anticipated or producing more work units 
than originally projected or which will result in cost underruns or 
lower unit costs than originally planned and which may result in less 
Rural Development assistance.
    (3) Inspection. Full-time resident inspection is required for all 
construction unless a written exception is made by Rural Development 
upon written request of the owner. Unless otherwise agreed, the resident 
inspector will be provided by the consulting architect/engineer. Prior 
to the preconstruction conference, the architect/engineer will submit a 
resume of qualifications of the resident inspector to the owner and to 
Rural Development for acceptance in writing. If the owner provides the 
resident inspector, it must submit a resume of the inspector's 
qualifications to the project architect/engineer and Rural Development 
for acceptance in writing prior to the preconstruction conference. The 
resident inspector will work under the general supervision of the 
project architect/engineer. A guide format for preparing daily 
inspection reports (Guide 11 of this subpart) and Form RD 1924-18, 
``Partial Payment Estimate,'' are available on request from Rural 
Development.
    (4) Inspector's daily diary. The resident inspector will maintain a 
record of the daily construction progress in the form of a daily diary 
and daily inspection reports as follows:
    (i) A complete set of all daily construction records will be 
maintained and the original set furnished to the owner upon completion 
of construction.
    (ii) All entries shall be legible and shall be made in ink.
    (iii) Daily entries shall include but not be limited to the date, 
weather conditions, number and classification of personnel working on 
the site, equipment being used to perform the work, persons visiting the 
site, accounts of substantive discussions, instructions

[[Page 92]]

given to the contractors, directions received, all significant or 
unusual happenings involving the work, any delays, and daily work 
accomplished.
    (iv) The daily entries shall be made available to Rural Development 
personnel and will be reviewed during project inspections.
    (5) Prefinal inspections. A prefinal inspection will be made by the 
owner, resident inspector, project architect or engineer, 
representatives of other agencies involved, the District Director and a 
Rural Development State Office staff representative, preferably the 
State Staff architect or engineer. Prefinal inspections may be made 
without Rural Development State Office staff participation if the State 
Director or a designee determines that the facility does not utilize 
complicated construction techniques, materials or equipment for 
facilities such as small fire stations, storage buildings or minor 
utility extensions, and that an experienced District Office staff 
representative will be present. The inspection results will be recorded 
on Form RD 1924-12, ``Inspection Report,'' and a copy provided to all 
appropriate parties.
    (6) Final inspection. A final inspection will be made by Rural 
Development before final payment is made.
    (7) Change is development plans. (i) Changes in development plans 
may be approved by Rural Development when requested by owners, provided:
    (A) Funds are available to cover any additional costs; and
    (B) The change is for an authorized loan purpose; and
    (C) It will not adversely affect the soundness of the facility 
operation or Rural Development's security; and
    (D) The change is within the scope of the contract.
    (ii) Changes will be recorded on Form RD 1924-7, ``Contract Change 
Order,'' or, other similar forms may be used with the prior approval of 
the State Director or designee. Regardless of the form, change orders 
must be approved by the Rural Development State Director or a designated 
representative.
    (iii) Changes should be accomplished only after Rural Development 
approval on all changes which affect the work and shall be authorized 
only by means of contract change order. The change order will include 
items such as:
    (A) Any changes in labor and material and their respective cost.
    (B) Changes in facility design.
    (C) Any decrease or increase in quantities based on final 
measurements that are different from those shown in the bidding 
schedule.
    (D) Any increase or decrease in the time to complete the project.
    (iv) All changes shall be recorded on chronologically numbered 
contract change orders as they occur. Change orders will not be included 
in payment estimates until approved by all parties.

[50 FR 7296, Feb. 22, 1985, as amended at 52 FR 8035, Mar. 13, 1987; 53 
FR 6791, Mar. 3, 1988; 54 FR 14334, Apr. 11, 1989; 54 FR 18883, May 3, 
1989; 61 FR 65156, Dec. 11, 1996; 77 FR 29539, May 18, 2012; 79 FR 
76001, Dec. 19, 2014; 81 FR 11030, Mar. 2, 2016]



Sec.  1942.19  Information pertaining to preparation of notes or
bonds and bond transcript documents for public body applicants.

    (a) General. This section includes information for use by public 
body applicants in the preparation and issuance of evidence of debt 
(bonds, notes, or debt instruments, herein referred to as bonds). This 
section is made available to applicants as appropriate for application 
processing and loan docket preparation.
    (b) Policies related to use of bond counsel. Preparation of the 
bonds and the bond transcript documents will be the responsibility of 
the applicant. Public body applicants will obtain the services and 
opinion of recognized bond counsel with respect to the validity of a 
bond issue, except as provided in (b) (1) through (3) below. The 
applicant normally will be represented by a local attorney who will 
obtain the assistance of a recognized bond counsel firm which has 
experience in municipal financing with such investors as investment 
dealers, banks, and insurance companies.
    (1) Issues of $250,000 or less. At the option of the applicant for 
issues of $250,000 or less, bond counsel may be used for the issuance of 
a final opinion only and not for the preparation of the bond transcript 
and other documents when the applicant, Rural Development, and bond 
counsel have agreed in

[[Page 93]]

advance as to the method of preparation of the bond transcript 
documents. Under such circumstances the applicant will be responsible 
for the preparation of the bond transcript documents.
    (2) Issues of $50,000 or less. At the option of the applicant and 
with the prior approval of the Rural Development State Director, the 
applicant need not use bond counsel if:
    (i) The amount of the issue does not exceed $50,000 and the 
applicant recognizes and accepts the fact that processing the 
application may require additional legal and administrative time.
    (ii) There is a significant cost saving to the applicant 
particularly with reference to total legal fees after determining what 
bond counsel would charge as compared with what the local attorney will 
charge without bond counsel.
    (iii) The local attorney is able and experienced in handling this 
type of legal work.
    (iv) The applicant understands that, if it is required by Rural 
Development to refinance its loan pursuant to the statutory refinancing 
requirements, it will probably have to obtain at its expense a bond 
counsel's opinion at that time.
    (v) All bonds will be prepared in accordance with this regulation 
and will conform as nearly as possible to the preferred methods of 
preparation stated in paragraph (e) of this section but still be 
consistent with State law.
    (vi) Many matters necessary to comply with Rural Development 
requirements such as land rights, easements, and organizational 
documents will be handled by the applicant's local attorney. Specific 
closing instructions will be issued by the Office of the General Counsel 
of the U.S. Department of Agriculture for the guidance of Rural 
Development.
    (3) For loans of less than $500,000. The applicant shall not be 
required to use bond counsel in a straight mortgage-note situation where 
competitive bidding is not required for the sale of the debt instrument, 
unless a complicated financial situation exists with the applicant. In 
addition, if there is a known backlog in a particular OGC regional 
office the applicant will be advised of such backlog and it will be 
suggested to the applicant that the appointment of bond counsel may be 
more expeditious. However, it will be the decision of the applicant 
whether or not to appoint bond counsel. The applicant must comply with 
(b)(2) (iii) through (vi) of this section.
    (c) Bond transcript documents. Any questions with respect to Rural 
Development requirements should be discussed with the Rural Development 
representatives. The bond counsel (or local counsel where no bond 
counsel is involved) is required to furnish at least two complete sets 
of the following to the applicant, who will furnish one complete set to 
Rural Development:
    (1) Copies of all organizational documents.
    (2) Copies of general incumbency certificate.
    (3) Certified copies of minutes or excerpts therefrom of all 
meetings of the applicant's governing body at which action was taken in 
connection with the authorization and issuance of the bonds.
    (4) Certified copies of documents evidencing that the applicant has 
complied fully with all statutory requirements incident to calling and 
holding of a favorable bond election, if such an election is necessary 
in connection with bond issuance.
    (5) Certified copies of the resolution or ordinances or other 
documents, such as the bond authorizing resolutions or ordinance and any 
resolution establishing rates and regulating the use of the improvement, 
if such documents are not included in the minutes furnished.
    (6) Copies of official Notice of Sale and affidavit of publication 
of Notice of Sale where a public sale is required by State statute.
    (7) Specimen bond, with any attached coupons.
    (8) Attorney's no-litigation certificate.
    (9) Certified copies of resolutions or other documents pertaining to 
the bond award.
    (10) Any additional or supporting documents required by bond 
counsel.
    (11) For loans involving multiple advances of Rural Development loan 
funds a preliminary approving opinion

[[Page 94]]

of bond counsel (or local counsel if no bond counsel is involved) if a 
final unqualified opinion cannot be obtained until all funds are 
advanced. The preliminary opinion for the entire issue shall be 
delivered on or before the first advance of loan funds and state that 
the applicant has the legal authority to issue the bonds, construct, 
operate and maintain the facility, and repay the loan subject only to 
changes during the advance of funds such as litigation resulting from 
the failure to advance loan funds, and receipt of closing certrificates.
    (12) Preliminary approving opinion, if any, and final unqualified 
approving opinion of recognized bond counsel (or local counsel if no 
bond counsel is involved) including opinion regarding interest on bonds 
being exempt from Federal and any State income taxes. On approval of the 
Administrator, a final opinion may be qualified to the extent that 
litigation is pending relating to Indian claims that may affect title to 
land or validity of the obligation. It is permissible for such opinions 
to contain language referring to the last sentence of section 306(a)(1) 
or to section 309A(h) of the Consolidated Farm and Rural Development Act 
[7 U.S.C. 1926(a)(1) or 1929a(h)], and providing that if the bonds 
evidencing the indebtedness in question are required by the Federal 
Government and sold on an insured basis from the Agriculture Credit 
Insurance Fund, or the Rural Development Insurance Fund, the interest on 
such bonds will be included in gross income for the purpose of the 
Federal income tax statutes.
    (d) Interim financing from commercial sources during construction 
period for loans of $50,000 or more. In all cases where it is possible 
for funds to be borrowed at current market interest rates on an interim 
basis from commercial sources, such interim financing will be obtained 
so as to preclude the necessity for multiple advances of Rural 
Development funds.
    (e) Permanent instruments for Rural Development loans to repay 
interim commercial financing. Rural Development loans will be evidenced 
by the following types of instruments chosen in accordance with the 
following order of preference:
    (1) First preference--Form RD 440-22, ``Promissory Note (Association 
or Organization)''. If legally permissible use Form RD 440-22 for 
insured loans.
    (2) Second preference--single instruments with amortized 
installments. If Form RD 440.22 is not legally permissible, use a single 
instrument providing for amortized installments. Show the full amount of 
the loan on the face of the document and provide for entering the date 
and amount of each Rural Development advance on the reverse thereof or 
on an attachment to the instrument. Form RD 440-22 should be followed to 
the extent possible. When principal payment is deferred, no attempt 
should be made to compute in dollar terms the amount of interest due on 
these installment dates. Rather the instrument should provide that 
``interest only'' is due on these dates. The appropriate amortized 
installment computed as follows will be shown due on the installment 
date thereafter.
    (i) Annual payments--Subtract the due date of the last annual 
interest only installment from the due date of the final installment to 
determine the number of annual payments applicable. When there are no 
interest only installments, the number of annual payments will equal the 
number of years over which the loan is amortized. Then multiply the 
amount of the note by the applicable amortization factor shown in Rural 
Development Amortization Tables and round to the next higher dollar. 
Example of Computation of Annual Payment:

Date of Loan Closing: 7-5-1976
Amount of Loan: $100,000.00
Interest Rate: 5%
Amortization Period: 40 years
Interest Only Installments: 7-5-1977 and 7-5-1978
First Regular Installment: 7-5-1979
Final Installment: 7-5-2016
Computation:
2016 - 1978 = 38 annual payments
$100,000.00 x .05929 = $5,929.00 annual payment due

    (ii) Semiannual payments--Multiply by two the number of years 
between the due date of the last annual interest only installment and 
the due date of the final installment to determine the correct number of 
semiannual periods applicable. When there are no interest only 
installments, multiply by two the

[[Page 95]]

number of years over which the loan is amortized. Then multiply the 
amount of the note by the applicable amortization factor shown in Rural 
Development Amortization Tables and round to the next higher dollar. 
Example of Computation of Semiannual Payment:

Date of Loan Closing: 7-5-1976
Amount of Loan: $100,000.00
Interest Rate: 5%
Amortization Period: 40 years
Interest Only Installments: 7-5-1977 and 7-5-1978
First Regular Installment: 7-5-1979
Final Installment: 7-5-2016
Computation:
2016 - 1978 = 38 x 2 = 76 semiannual periods
$100,000.00 x .02952 = $2,952.00 semiannual payment due

    (iii) Monthly payments--Multiply by twelve the number of years 
between the due date of the last annual interest only installment and 
the final installment to determine the number of monthly payments 
applicable. When there are no interest only installments, multiply by 
twelve the number of years over which the loan is amortized. Then 
multiply the amount of the note by the applicable amortization factor 
shown in Rural Development Amortization Tables and round to the next 
higher dollar. Example of Computation of Monthly Payment:

Date of Loan Closing: 7-5-1976
Amount of Loan: $100,000.00
Interest Rate: 5%
Amortization Period: 40 years
Interest Only Installments: 7-5-1977 and 7-5-1978
First Regular Installment: 7-5-1979
Final Installment: 7-5-2016
Computation:
2016 - 1978 = 38 x 12 = 456 monthly payments
$100,000.00 x .00491 = $491.00 monthly payment due

    (3) Third preference--single instrument with installments of 
principal plus interest. If a single instrument with amortized 
installments is not legally permissible, use a single instrument 
providing for installments of principal plus interest accrued on the 
unmatured principal balance. The principal should be in an amount best 
adapted to making principal retirement and interest payments which 
closely approximate equal installments of combined interest and 
principal as required by the first two preferences.
    (i) The repayment terms concerning interest only installments 
described in paragraph (e)(2) of this section, ``Second perference'' 
applies.
    (ii) The instrument shall contain in substance the following 
provisions:
    (A) A statement of principal maturities and due dates.
    (B) Payments made on indebtedness evidenced by this instrument shall 
be applied to the interest due through the next installment due date and 
the balance to principal in accordance with the terms of the bond. 
Payments on delinquent accounts will be applied in the following 
sequence:
    (1) Billed delinquent interest,
    (2) Past due interest installments,
    (3) Past due principal installments,
    (4) Interest installment due, and
    (5) Principal installment due.

Extra payments and payments made from security depleting sources shall 
be applied to the principal last to come due or as specified in the bond 
instrument.
    (4) Fourth preference--serial bonds with installments of principal 
plus interest. If instruments described under the first, second, and 
third preferences are not legally permissible, use serial bonds with a 
bond or bonds delivered in the amount of each advance. Bonds will be 
delivered in the order of their numbers. Such bonds will conform with 
the minimum requirements of paragraph (h) of this section. Rules for 
application of payments on serial bonds will be the same as those for 
principal installment single bonds as set out in the preceding paragraph 
(e)(3) of this section.
    (f) Multiple advances of Rural Development funds using permanent 
instruments. Where interim financing from commercial sources is not 
available, Rural Development loan proceeds will be disbursed on an ``as 
needed by borrower'' basis in amounts not to exceed the amount needed 
during 30-day periods.
    (g) Multiple advances of Rural Development funds using temporary 
debt instrument. When none of the instruments described in paragraph (e) 
of this section are legally permissible or practical, a bond 
anticipation note or similar temporary debt instrument may be used. The 
debt instrument will provide for

[[Page 96]]

multiple advance of Rural Development loan funds and will be for the 
full amount of the Rural Development loan. The instrument will be 
prepared by bond counsel (or local counsel if bond counsel is not 
involved) and approved by the State Director and OGC. At the same time 
Rural Development delivers the last advance, the borrower will deliver 
the permanent bond instrument and the canceled temporary instrument will 
be returned to the borrower. The approved debt instrument will show at 
least the following:
    (1) The date from which each advance will bear interest.
    (2) The interest rate.
    (3) A payment schedule providing for interest on outstanding 
principal at least annually.
    (4) A maturity date which shall be no earlier than the anticipated 
issuance date of the permanent instrument(s).
    (h) Minimum bond specifications. The provisions of this paragraph 
are minimum specifications only, and must be followed to the extent 
legally permissible.
    (1) Type and denominations. Bond resolutions or ordinances will 
provide that the instrument(s) be either a bond representing the total 
amount of the indebtedness or serial bonds in denominations customarily 
accepted in municipal financing (ordinarily in multiples of not less 
than $1000). Single bonds may provide for repayment of principal plus 
interest or amortized installments; amortized installments are 
preferable from the standpoint of Rural Development. Coupon bonds will 
not be used unless required by State statute.
    (i) To compute the value of each coupon when the bond denomination 
is consistent:
    (A) Multiply the amount of the loan or advance by the interest rate 
and divide the product by 365 days.
    (B) Multiply the daily accrual factor determined in (A) by the 
number of days from the date of advance or last installment date to the 
next installment date.
    (C) Divide the interest computed in (B) by the number of bonds 
securing the advance; this is the individual coupon amount.
    (ii) to compute the value of each coupon when the bond denomination 
varies:
    (A) Multiply the denomination of the bond by the interest rate and 
divide the product by 365 days.
    (B) Multiply the daily accrual factor determined in (A) by the 
number of days from the date of advance or last installment date to the 
next installment due date; this is the individual coupon amount.
    (2) Bond registration. Bonds will contain provisions permitting 
registration as to both principal and interest. Bonds purchased by Rural 
Development will be registered in the name of ``United States of 
America, Rural Development,'' and will remain so registered at all times 
while the bonds are held or insured by the United States. The address of 
Rural Development for registration purposes will be that of the 
appropriate Rural Development State Office.
    (3) Size and quality. Size of bonds and coupons should conform to 
standard practice. Paper must be of sufficient quality to prevent 
deterioration through ordinary handling over the life of the loan.
    (4) Date of bond. Bonds will preferably be dated as of the day of 
delivery, however, may be dated another date at the option of the 
borrower and subject to approval by Rural Development. If the date of 
delivery is other than the date of the bond, the date of delivery will 
be stated in the bond. In all cases, interest will accrue from the date 
of delivery of the funds.
    (5) Payment date. Loan payments will be scheduled to coincide with 
income availability and be in accordance with State law. If consistent 
with the foregoing, monthly payments will be required and will be 
enumerated in the bond, other evidence of indebtedness, or other 
supplemental agreement. However, if State law only permits principal 
plus interest (P&I) type bonds, annual or semiannual P&I bonds will be 
used. Insofar as practical monthly payments will be scheduled one full 
month following the date of loan closing; or semiannual or annual 
payments will be scheduled six or twelve full months, respectively, 
following the date of loan closing or any deferment

[[Page 97]]

period. Due dates falling on the 29th, 30th or 31st day of the month 
will be avoided.
    (6) [Reserved]
    (7) Redemptions. Bonds should contain customary redemption 
provisions, subject, however, to unlimited right of redemption without 
premium of any bonds held by Rural Development except to the extent 
limited by the provisions under the ``Third Preference'' and ``Fourth 
Preference'' in paragraph (e) of this section.
    (8) Additional revenue bonds. Parity bonds may be issued to complete 
the project. Otherwise, parity bonds may not be issued unless the net 
revenues (that is, unless otherwise defined by the State statute, gross 
revenues less essential operation and maintenance expense) for the 
fiscal year preceding the year in which such parity bonds are to be 
issued, were 120 percent of the average annual debt service requirements 
on all bonds then outstanding and those to be issued; provided, that 
this limitation may be waived or modified by the written consent of 
bondholders representing 75 percent of the then outstanding principal 
indebtedness. Junior and subordinate bonds may be issued in accordance 
with the loan agreement.
    (9) Scheduling of Rural Development payments when joint financing is 
involved. In all cases in which Rural Development is participating with 
another lender in the joint financing of the project to supply funds 
required by one applicant, the Rural Development payments of principal 
and interest should approximate amortized installments.
    (10) Precautions. The following types of provisions in debt 
instruments should be avoided.
    (i) Provisions for the holder to manually post each payment to the 
instrument.
    (ii) Provisions for returning the permanent or temporary debt 
instrument to the borrower in order that it, rather than Rural 
Development, may post the date and amount of each advance or repayment 
on the instrument.
    (iii) Defeasance provisions in loan or bond resolutions. When a bond 
issue is defeased, a new issue is sold which supersedes the contractual 
provisions of the prior issue, including the refinancing requirement and 
any lien on revenues. Since defeasance in effect precludes Rural 
Development from requiring graduation before the final maturity date, it 
represents a violation of the statutory refinancing requirement, 
therefore it is disallowed.
    (iv) Provisions that amend convenants contained in Forms RD 1942-47, 
``Loan Resolution (Public Bodies),'' or FmHA 1942-9, ``Loan Resolution 
Security Agreement.''
    (11) Multiple Loan Instruments. The following will be adhered to 
when preparing debt instruments:
    (i) When more than one loan type is used in financing a project, 
each type of loan will be evidenced by a separate debt instrument or 
series of debt instruments.
    (ii) Loan funds obligated in different fiscal years and those 
obligated with different interest rates or terms in the same fiscal year 
will be evidenced by separate debt instruments.
    (iii) Loan funds obligated for the same loan type in the same fiscal 
year at the same interest rate and term may be combined in the same debt 
instrument; provided the borrower has been notified on Form RD 1940-1, 
``Request for Obligation of Funds'', of the action.
    (i) Bidding by Rural Development. Bonds offered for public sale 
shall be offered in accordance with State law, in such a manner to 
encourage public bidding. Rural Development will not submit a bid at the 
advertised sale unless required by State law, nor will reference to 
Rural Development's rates and terms be included. If no acceptable bid is 
received, Rural Development will negotiate the purchase of the bonds.

[50 FR 7296, Feb. 22, 1985, as amended at 53 FR 6791, Mar. 3, 1988; 54 
FR 18883, May 3, 1989; 56 FR 29168, June 26, 1991; 68 FR 61331, Oct. 28, 
2003]



Sec.  1942.20  Community Facility Guides.

    (a) The following documents are attached and made part of this 
subpart and may be used by officials in administering this program.
    (1) Guide 1 and 1a--Guide Letter for Use in Informing Private Lender 
of Agency's Commitment.
    (2) Guide 2--Water Users Agreement.
    (3) Guide 3--Service Declination Statement.

[[Page 98]]

    (4) Guide 4--Bylaws.
    (5) Guide 5--Financial Feasibility Report.
    (6) Guide 6--Preliminary Architectural Feasibility Report.
    (7) Guide 7--Preliminary Engineering Report Water Facility.
    (8) Guide 8--Preliminary Engineering Report Sewerage Systems.
    (9) Guide 9--Preliminary Engineering Report Solid Waste Disposal 
Systems.
    (10) Guide 10--Preliminary Engineering Report Storm Waste-Water 
Disposal.
    (11) Guide 11--Daily Inspection Report.
    (12) Guide 12--Memorandum of Understanding Between the Economic 
Development Administration--Department of Commerce and the Department of 
Agriculture Pertaining to EDA Public Works Projects Assisted by an 
Agency loan.
    (13) Guide 13--Memorandum of Understanding Between the Economic 
Development Administration--Department of Commerce and the Department of 
Agriculture Regarding Supplementary Grant Assistance for the 
Construction of Public Works and Development Facilities.
    (14) Guide 14--Legal Services Agreement.
    (15) Guide 15--Community Facility Borrower's Application.
    (16) Guide 16--Community Facility Loan Docket.
    (17) Guide 17--Construction Contract Documents--Short Form.
    (18) Guide 18--Agency Supplemental General Conditions.
    (19) Guide 19--Construction Contract Documents.
    (20) Guide 20--Agreement for Engineering Services (Agency/EPA 
Jointly Funded Projects).
    (21) Guide 21--Review of Audit Reports.
    (22) Guide 22--Delinquent Accounts Positive Action Plan.
    (23) Guide 23--Agreement for Joint Use of Electric System Poles.
    (24) Guide 24--Minimum Suggested Contents of Management Agreements.
    (25) Guide 25--Joint Policy Statement Between Environmental 
Protection Agency and the Agency.
    (26) Guide 26--Community Programs Project Selection Criteria.
    (27) Exhibit A--Circular No. A-128.
    (28) Exhibit B--Department of Agriculture Regional Inspector General 
(OIG).
    (b) These guides and exhibits are for use by Agency officials, 
applicants and applicant's officials and/or agents on certain matters 
related to the planning, development, and operation of essential 
community facilities which involve the use of loans and/or grants from 
Agency. This includes activities related to applying for and obtaining 
such financial assistance. These guides and exhibits are not published 
in the Federal Register, however, they are available in any Agency 
office.

[50 FR 7296, Feb. 22, 1985, as amended at 53 FR 6787, Mar. 3, 1988]



Sec.  1942.21  Statewide nonmetropolitan median household income.

    Statewide nonmetropolitan median household income means the median 
household income of the State's nonmetropolitan counties and portions of 
metropolitan counties outside of cities, towns or places, of 50,000 or 
more population.

[69 FR 65519, Nov. 15, 2004]



Sec. Sec.  1942.22-1942.29  [Reserved]



Sec.  1942.30  Re-lending.

    The provisions in this section establish the process by which the 
Agency may make loans to eligible re-lenders who then in turn re-loan 
the funds to eligible applicants for eligible projects under this 
subpart. This section may be supplemented by provisions in annual 
notices published in the Federal Register. In such notices, the Agency 
may impose, among other things, limits on the total amount of funds to 
be used through this process and the amount of the loan funding that 
will be provided to each re-lender.
    (a) Re-lender eligibility. Re-lenders must meet each of the 
following requirements:
    (1) Demonstrate the legal authority necessary to make and service 
loans involving community infrastructure and development similar to the 
type of projects listed in Sec.  1942.17(d);
    (2) Meet federal, state and local requirements in accordance with 
Sec.  1942.17(k);

[[Page 99]]

    (3) As specified in the annual Federal Register notice, demonstrate 
that a percent of its portfolio is for projects located in or serving 
Persistent Poverty County(ies) or High Poverty Areas, or that the Re-
lender has a minimum amount of experience making loans for projects 
located in or serving Persistent Poverty County(ies) or High Poverty 
Area(s);
    (4) Agree to provide adequate collateral, as determined by the 
Agency, to support the loan request;
    (5) Provide a Letter of Intent from a financial institution that an 
Irrevocable Letter of Credit (or performance guarantee) acceptable to 
the Agency will be issued by the financial institution if the Re-lender 
is approved for funding;
    (6) As specified in the annual Federal Register notice, agree to 
provide an Irrevocable Letter of Credit (or performance guarantee) 
acceptable to the Agency in the minimum amount equal to the principal 
and interest installments due the Agency during the first five (5) years 
of the loan, prior to receiving loan disbursements;
    (7) Demonstrate one of the following, as provided in the annual 
Federal Register notice:
    (i) Re-lender is regulated and supervised by a Federal or State 
Banking Regulatory Agency that is subject to credit examination, AND the 
institution, its subsidiaries, holding companies, and affiliates are not 
on their respective regulatory agency's watch list and have no 
regulatory actions outstanding against them;
    (ii) Re-lender has a strong Financial Strength and Performance 
Rating as specified in the annual Federal Register notice. The achieved 
rating must indicate financial strength, performance, and risk 
management practices that consistently provide for safe and sound 
operations; or
    (iii) At the time of application, Re-lender provides written 
documentation, acceptable to the Agency, from a financial institution 
that an Irrevocable Letter of Credit (or performance guarantee) 
acceptable to the Agency will be issued by the financial institution, if 
the Re-lender is approved for funding; and the Re-lender:
    (A) Obtains a strong Financial Strength and Performance Rating as 
specified in the Annual Federal Register notice prior to any funds being 
advanced; or
    (B) Proves to be a financially sound institution as determined by 
the Agency in accordance with the annual Federal Register notice;
    (8) Be a legal, non-governmental entity at the time of application 
(with the exception of Tribal governmental entities);
    (9) Be a member of a national organization that provides training, 
technical assistance and credit evaluation of member organizations, such 
as FDIC, NCUA or other similar organizations; or be certified by a 
Government agency as having a primary mission of promoting community 
development in low-income target markets and perform training and 
technical assistance as part of that mission;
    (10) Agrees to loan a majority of Agency funds, as specified in the 
annual Federal Register notice, to applicants whose projects are located 
in or serve Persistent Poverty County(ies) or High Poverty Area(s); and
    (11) Meet any other criteria specified by the Agency in the annual 
Notice published in the Federal Register.
    (b) Applicant and project eligibility. To be eligible for a CF 
Direct loan from a re-lender under this section,
    (1) The applicant must meet the eligibility requirements found in 
this subpart, including but not limited to those in Sec.  1942.2(a)(2) 
regarding the inability to obtain credit elsewhere and Sec.  1942.17(b) 
and (k);
    (2) The applicant must comply with any other criteria specified by 
the Agency in the annual Program Notice published in the Federal 
Register; and
    (3) The project must:
    (i) Meet all of the eligibility requirements for a project found in 
this subpart, including but not limited to Sec.  1942.17(b)(2), (d), 
(e), and (g) and all environmental review requirements as specified in 
Sec.  1942.2(b) and 7 CFR part 1970; and
    (ii) Meet any additional requirements that may be specified in the 
program's annual Notice published in the Federal Register.

[[Page 100]]

    (c) Application submission requirements. To apply for funds under 
this section, a Re-lender must timely submit all items as specified in 
the annual Federal Register notice.
    (d) Evaluation criteria. The Agency will score and rank all eligible 
and complete Re-lender applications based upon the evaluation factors 
set out in the annual Federal Register notice, including but not limited 
to: Lending experience and strength of the re-lender, poverty and 
project service area, and Administrator's discretionary points.
    (e) Other Re-lender requirements. Prior to receiving a direct loan 
from the Agency, the eligible re-lender must:
    (1) Enter into a Re-lender's agreement provided by the Agency;
    (2) Execute a promissory note;
    (3) Provide an Agency approved Irrevocable Letter of Credit (or 
performance guarantee) acceptable to the Agency in the minimum amount 
equal to the principal and interest installments due during the first 
five (5) years of the loan, prior to receiving any loan disbursements;
    (4) Provide adequate collateral satisfactory to the agency; and
    (5) Meet any other loan conditions as described in the annual Notice 
published in the Federal Register.
    (f) Loan origination and servicing--(1)Re-lenders. After the Agency 
loan is made to the Re-lender, the Re-lender is responsible for:
    (i) Presenting to the Agency eligible CF direct loan applications in 
accordance with this subpart and any additional terms established in the 
applicable annual Notice published in the Federal Register;
    (ii) Underwriting and servicing each loan reviewed and approved by 
the Agency under this section;
    (iii) Submitting reports to the Agency after any loan disbursement 
as specified in the annual Federal Register notice;
    (iv) Certifying to the Agency that the Re-lender and Borrower have 
met the requirements of 7 CFR 3575.42 and 3575.43 for planning, bidding, 
contracting and construction, as specified in the annual Federal 
Register Notice;
    (v) Complying with other Agency requirements as specified in the 
annual Federal Register notice concerning environmental, civil rights, 
and other applicable Federal state, and local law;
    (vi) Obtaining disbursement of loan funds according to this section 
and the annual Federal Register notice within 5 years. Any loan funds 
not disbursed within that time will be deobligated and become 
unavailable for disbursement.
    (2) Agency responsibilities. (i) Based on the information presented 
by the Re-lender and any additional information that may be requested by 
the Agency, the Agency will determine the eligibility of the applicant 
and project under this subpart.
    (ii) The Agency will notify the re-lender of its determination and 
any administrative review or appeal rights for Agency decisions made 
under this subpart. Programmatic decisions based on clear and objective 
statutory or regulatory requirements are not appealable; however, such 
decisions are reviewable for appealability by the National Appeals 
Division (NAD). The applicant and re-lender may appeal any Agency 
decision that directly and adversely impacts them. For an adverse 
decision that impacts the applicant, the re-lender and applicant must 
jointly execute a written request for appeal for an alleged adverse 
decision made by the Agency. An adverse decision that only impacts the 
re-lender may be appealed by the re-lender only. A decision by a re-
lender adverse to the interest of an applicant or borrower is not a 
decision by the Agency, whether or not concurred in by the Agency. 
Appeals will be conducted by USDA NAD and will be handled in accordance 
with 7 CFR part 11.
    (iii) For approved eligible borrowers and projects, the Agency will 
confirm that all environmental requirements as specified in this subpart 
and 7 CFR part 1970 have been met and that the Re-lender has provided 
adequate security for its loan, before the Agency will disburse funds to 
the Re-lender;
    (iv) The Agency will service each re-lender's loan in accordance 
with 7 CFR part 1951, subpart E. The Agency may suspend further 
disbursements, and

[[Page 101]]

pursue any other available and appropriate remedies, if any of the re-
lender loans become troubled, delinquent, or otherwise in default 
status, or if the re-lender is not meeting the terms of its Relender's 
Agreement.

[81 FR 43936, July 6, 2016]



Sec. Sec.  1942.31-1942.49  [Reserved]



Sec.  1942.50  OMB control number.

    The reporting and recordkeeping requirements contained in this 
regulation have been approved by the Office of Management and Budget 
(OMB) and have been assigned OMB control number 0575-0015. Public 
reporting burden for this collection of information is estimated to vary 
from five minutes to 15 hours per response, with an average of 2.7 hours 
per response, including time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Send comments 
regarding this burden estimate or any other aspect of this collection of 
information, including suggestions for reducing this burden to the 
Department of Agriculture, Clearance Officer, OIRM, Ag Box 7630, 
Washington, DC 20250; and to the Office of Management and Budget, 
Paperwork Reduction Project (OMB 0575-0015), Washington, DC 
20503.

[60 FR 11019, Mar. 1, 1995]

Subpart B [Reserved]



 Subpart C_Fire and Rescue and Other Small Community Facilities Projects

    Source: 52 FR 43726, Nov. 16, 1987, unless otherwise noted.



Sec.  1942.101  General.

    This subpart provides the policies and procedures for making and 
processing insured Community Facilities (CF) loans for facilities that 
will primarily provide fire or rescue services and other small essential 
community facility projects and applies to fire and rescue and other 
Community Facilities loans for projects costing $300,000 and under. Any 
processing or servicing activity conducted pursuant to this subpart 
involving authorized assistance to Rural Development employees, members 
of their families, known close relatives, or business or close personal 
associates, is subject to the provisions of subpart D of part 1900 of 
this chapter. Applicants for this assistance are required to identify 
any known relationship or association with a Rural Development employee. 
Community Facilities loans for other types of facilities, and those 
costing in excess of $300,000, are defined in subpart A of this part.

[68 FR 65830, Nov. 24, 2003]



Sec.  1942.102  Nondiscrimination.

    (a) Federal statutes provide for extending Agency financial programs 
without regard to race, color, religion, sex, national origin, marital 
status, age, or physical/mental handicap. The participants must possess 
the capacity to enter into legal contracts under State and local 
statutes.
    (b) Indian tribes on Federal and State reservations and other 
Federally recognized Indian tribes are eligible to apply for and are 
encouraged to participate in this program. Such tribes might not be 
subject to State and local laws or jurisdiction. However, any 
requirements of this subpart that affect applicant eligibility, the 
adequacy of RD's security or the adequacy of service to users of the 
facility and all other requirements of this subpart must be met.



Sec.  1942.103  Definitions.

    Agency. The Rural Housing Service (RHS), an agency of the U.S. 
Department of Agriculture.
    Approval official. An official who has been delegated loan or grant 
approval authorities within applicable programs, subject to certain 
dollar limitations.
    Construction. The act of building or putting together a facility 
that is a part of, or physically attached to, real estate. This does not 
include procurement of major equipment even though the equipment may be 
custom built to meet the owner's requirements.
    Owner. An applicant or borrower.
    Processing office. The office designated by the State program 
official to accept and process applications for Community Facilities 
projects.

[[Page 102]]

    Regional Attorney or OGC. The head of a Regional Office of the 
General Counsel (OGC).
    Small Community Facilities projects. Community Facilities loans 
costing $300,000 and under.

[68 FR 65830, Nov. 24, 2003]



Sec.  1942.104  Application processing.

    (a) General. Prospective applicants should request assistance by 
filing SF 424.2, ``Application for Federal Assistance (For 
Construction),'' with the Local or Area Rural Development Office. When 
practical, approval officials should meet with prospective applicants 
before an application is filed to discuss eligibility and Rural 
Development requirements and processing procedures. Throughout loan 
processing, Rural Development should confer with applicant officials as 
needed to ensure that applicant officials understand the current status 
of the processing of their application, what steps and determinations 
are necessary, and what is required from them. Rural Development should 
assist the applicant as needed and generally try to develop and maintain 
a cooperative working relationship with the applicant.
    (b) Unfavorable decision. If, at any time prior to loan approval, it 
is decided that favorable action will not be taken on an application, 
the approval official will notify the applicant, in writing, of the 
reasons why the request was not favorably considered. The notification 
to the applicant will state that a review of this decision by Rural 
Development may be requested by the applicant in accordance with subpart 
B of part 1900 of this chapter. The following statement will also be 
made on all notifications of adverse action:

    The Federal Equal Credit Opportunity Act prohibits creditors from 
discriminating against credit applicants on the basis of race, color, 
religion, national origin, sex, marital status, age (provided that the 
applicant has the capacity to enter into a binding contract); because 
all or part of the applicant's income is derived from any public 
assistance program; or because the applicant has in good faith exercised 
any right under the Consumer Credit Protection Act. The Federal agency 
that administers compliance with this law is the Federal Trade 
Commission, Equal Credit Opportunity, Washington, DC 20580.

[52 FR 43726, Nov. 16, 1987, as amended at 54 FR 47197, Nov. 13, 1989; 
55 FR 13504, Apr. 11, 1990; 68 FR 65830, Nov. 24, 2003; 68 FR 69001, 
Dec. 11, 2003]



Sec.  1942.105  Environmental review requirements.

    Loans made under this subpart must be in compliance with the 
environmental review requirements in accordance with 7 CFR part 1970.

[81 FR 11031, Mar. 2, 2016]



Sec.  1942.106  Intergovernmental review.

    (a) Loans under this subpart are subject to intergovernmental review 
requirements set forth in U. S. Department of Agriculture regulations 7 
CFR 3015, subpart V and RD Instruction 1970-I, `Intergovernmental 
Review,' available in any Agency office or on the Agency's Web site.
    (b) State intergovernmental review agencies that have selected 
community facility loans as a program they want to review may not be 
interested in reviewing proposed loans for fire and rescue facilities. 
In such cases, the State Director should obtain a letter from the State 
single point of contact exempting fire and rescue loans from 
intergovernmental consultation review. A copy of the letter should be 
placed in the case file for each fire and rescue facility application in 
lieu of completing the intergovernmental review process.
    (c) When an application is filed and adverse comments are not 
expected, the District Director should proceed with application 
processing pending intergovernmental review. The loan should not be 
obligated until any required review process has been completed.
    (d) Funds allocated for use under this subpart are also for the use 
of eligible Indian tribes within the State, regardless of whether State 
development strategies include Indian reservations. Eligible Indian 
tribes must have equal opportunity to participate in the program as 
compared with other residents of the State.

[52 FR 43726, Nov. 16, 1987, as amended at 61 FR 6309, Feb. 20, 1996; 76 
FR 80730, Dec. 27, 2011]

[[Page 103]]



Sec.  1942.107  Priorities.

    (a) Eligible applications must be selected for processing in 
accordance with Sec.  1942.17(c) of subpart A of this part 1942.
    (b) The District Director must score each eligible application in 
accordance with Sec.  1942.17(c)(2)(iii) of subpart A of this part 1942. 
The District Director must then notify the State Director of the score, 
proposed loan amount, and other pertinent data. The State Director 
should determine as soon as possible if the project has sufficient 
priority for further processing and notify the District Director. 
Normally, this consultation should be handled by telephone and 
documented in the running record.
    (c) Applicants who appear eligible but do not have the priority 
necessary for further consideration at this time should be notified that 
funds are not available, requested to advise whether they wish to have 
their application maintained for future consideration and given the 
following notice:

    You are advised against incurring obligations which would limit the 
range of alternatives to be considered, or which cannot be fulfilled 
without Agency funds until the funds are actually made available. 
Therefore, you should refrain from such actions as initiating 
engineering and legal work, taking actions which would have an adverse 
effect on the environment, taking options on land rights, developing 
detailed plans and specifications, or inviting construction bids until 
notified by RD to proceed.



Sec.  1942.108  Application docket preparation and review.

    (a) Guides. Application dockets should be developed in accordance 
with Sec.  1942.2(c) of subpart A of this part 1942.
    (b) [Reserved]
    (c) Budgets. All applicants must complete Form RD 442-7, ``Operating 
Budget,'' except as provided in this paragraph. Applicants with annual 
incomes not exceeding $100,000 may, with concurrence of the District 
Director, use Form RD 1942-52, ``Cash Flow Projection,'' instead of Form 
RD 442-7. Projections should be provided for the current year and each 
year thereafter until the facility is expected to have been in operation 
for a full year and a full annual installment paid on the loan.
    (d) Letter of conditions. The District Director should prepare and 
issue a letter of conditions in accordance with Sec.  1942.5 (a)(1) and 
(c) of subpart A of this part 1942.
    (e) Organizational review. As early in the application process as 
practical, the approval official should obtain copies of organization 
documents from each applicant and forward them through the State Office 
to the Regional Attorney for review and comments. The Regional 
Attorney's comments should be received and considered before obligation 
of funds.
    (f) National Office review. Applications that require National 
Office review will be submitted in accordance with Sec.  1942.5(b) of 
subpart A of this part 1942.
    (g) State Office review. The State Office must monitor fire and 
rescue and other small community facility project loanmaking and 
servicing and provide guidance, assistance, and training as necessary to 
ensure the activities are accomplished in an orderly manner consistent 
with the Agency's regulations. The processing office should request 
advice and assistance from the State Office as needed. The State 
Director may require all or part of a specific application docket to be 
submitted to the State Office for review at any time. The State Director 
may determine that one or more of the processing office staffs do not 
have adequate training and expertise to routinely complete application 
dockets without State Office review. In such cases, the State Director 
should establish guidelines by memorandum or by State supplement to the 
subpart for the necessary State Office reviews.
    (h) Loan approval and fund obligation. Loans must be approved and 
obligated in accordance with Sec.  1942.5(d) of subpart A of this part 
1942 and subpart A of part 1901 of this chapter.

[52 FR 43726, Nov. 16, 1987, as amended at 54 FR 47197, Nov. 13, 1989; 
67 FR 60854, Sept. 27, 2002; 68 FR 65830, Nov. 24, 2003]

[[Page 104]]



Sec.  1942.109  [Reserved]



Sec.  1942.110  Strategic economic and community development.

    Applicants with projects that support the implementation of 
strategic economic development and community development plans are 
encouraged to review and consider 7 CFR part 1980, subpart K, which 
contains provisions for providing priority to projects that support the 
implementation of strategic economic development and community 
development plans on a Multi-jurisdictional basis.

[81 FR 10457, Mar. 1, 2016]



Sec.  1942.111  Applicant eligibility.

    (a) General. Loans under this subpart are subject to the provisions 
of Sec.  1942.17(b) of subpart A of this part 1942.
    (b) Credit elsewhere determinations. The approval official must 
determine whether financing from commercial sources at reasonable rates 
and terms is available. If credit elsewhere is indicated, the approval 
official should inform the applicant and recommend the applicant apply 
to commercial sources for financing. To provide a basis for referral of 
only those applicants who may be able to finance projects through 
commercial sources, approval officials should maintain liaison with 
representatives of lenders in the area. The State Director should keep 
approval officials informed regarding lenders outside the area who might 
make loans in the area. Approval officials should maintain criteria for 
determining applications that should be referred to commercial lenders 
and maintain a list of lender representatives interested in receiving 
such referrals.
    (c) Public use. Loans under this subpart are subject to the 
provisions of Sec.  1942.17(e) of subpart A of this part 1942.

[52 FR 43726, Nov. 16, 1987, as amended at 68 FR 65830, Nov. 24, 2003]



Sec.  1942.112  Eligible loan purposes.

    (a) Funds may be used:
    (1) To construct, enlarge, extend, or otherwise improve essential 
community facilities primarily providing fire or rescue services 
primarily to rural residents and rural business. Rural businesses would 
include facilities such as educational and other publicly owned 
facilities. ``Otherwise improve'' includes but is not limited to the 
following:
    (i) The purchase of major equipment, such as fire trucks and 
ambulances, which will, in themselves, provide an essential service to 
rural residents.
    (ii) The purchase of existing facilities when it is necessary either 
to improve or to prevent a loss of service.
    (iii) The construction or development of an essential community 
facility requisite to the beneficial and orderly development of a 
community operated on a nonprofit basis in accordance with Sec.  
1942.17(d) of this subpart. This subpart includes those projects meeting 
the definition of a small community facility project.
    (2) To pay the following expenses, but only when such expenses are a 
necessary part of a loan to finance facilities authorized in paragraph 
(a)(1) of this section:
    (i) Reasonable fees and costs such as legal, engineering, 
architectural, fiscal advisory, recording, environmental impact 
analyses, archaeological surveys and possible salvage or other 
mitigation measures, planning, establishing or acquiring rights.
    (ii) Interest on loans until the facility is self-supporting but not 
for more than 3 years unless a longer period is approved by the National 
Office; interest on loans secured by general obligation bonds until tax 
revenues are available for payment, but not for more than 2 years unless 
a longer period is approved by the National Office; and interest on 
interim financing, including interest charges on interim financing from 
sources other than RD.
    (iii) Costs of acquiring interest in land, rights such as water 
rights, leases, permits, rights-of-way, and other evidence of land or 
water control necessary for development of the facility.
    (iv) Purchasing or renting equipment necessary to install, maintain, 
extend, protect, operate, or utilize facilities.
    (v) Initial operating expenses for a period ordinarily not exceeding 
1 year

[[Page 105]]

when the borrower is unable to pay such expenses.
    (vi) Refinancing debts incurred by, or on behalf of, a community 
when all of the following conditions exist:
    (A) The debts being refinanced are a secondary part of the total 
loan;
    (B) The debts are incurred for the facility or service being 
financed or any part thereof; and
    (C) Arrangements cannot be made with the creditors to extend or 
modify the terms of the debts so that a sound basis will exist for 
making a loan.
    (3) To pay obligations for construction or procurement incurred 
before loan approval. Construction work or procurement actions should 
not be started and obligations for such work or materials should not be 
incurred before the loan is approved. However, if there are compelling 
reasons for proceeding with construction or procurement before loan 
approval, applicants may request Agency approval to pay such 
obligations. Such requests may be approved if RD determines that:
    (i) Compelling reasons exist for incurring obligations before loan 
approval; and
    (ii) The obligations will be incurred for authorized loan purposes; 
and
    (iii) Contract documents have been approved by RD; and
    (iv) All environmental requirements applicable to RD and the 
applicant have been met; and
    (v) The applicant has the legal authority to incur the obligations 
at the time proposed, and payment of the debts will remove any basis for 
any mechanic, material or other liens that may attach to the security 
property. RD may authorize payment of such obligations at the time of 
loan closing. RD's authorization to pay such obligations, however, is on 
the condition that it is not committed to make the loan; it assumes no 
responsibility for any obligations incurred by the applicant; and the 
applicant must subsequently meet all loan approval requirements. The 
applicant's request and Agency authorization for paying such obligations 
shall be in writing. If construction or procurement is started without 
Agency approval, post approval in accordance with this section may be 
considered.
    (b) Funds may not be used to finance:
    (1) Facilities which are not modest in size, design, and cost.
    (2) Loan finder's fees.
    (3) Projects located within the Coastal Barriers Resource system 
that do not qualify for an exception as defined in section 6 of the 
Coastal Barriers Resource Act, Pub. L. 97-348.

[52 FR 43726, Nov. 16, 1987, as amended at 57 FR 21195, May 19, 1992; 68 
FR 65831, Nov. 24, 2003]



Sec.  1942.113  Rates and terms.

    Rates and terms for loans under this subpart are as set out in Sec.  
1942.17(f) of subpart A of this part 1942.



Sec.  1942.114  Security.

    Specific requirements for security for each loan will be included in 
the letter of conditions. Loans must be secured by the best security 
position practicable, in a manner which will adequately protect the 
interest of RD during the repayment period of the loan, and in 
accordance with the following;
    (a) Security must include one of the following:
    (1) A pledge of revenue and a lien on all real estate and major 
equipment purchased or developed with the Agency loan; or
    (2) General obligation bonds or bonds pledging other taxes.
    (b) Additional security may be required as determined necessary by 
the loan approval official. In determining the need for additional 
security the loan approval official should carefully consider:
    (1) The estimated market value of real estate and equipment 
security.
    (2) The adequacy and dependability of the applicant's revenues, 
based on the applicant's financial records, the project financial 
feasibility report, and the project budgets.
    (3) The degree of community commitment to the project, as evidenced 
by items such as active broad based membership, aggressive leadership, 
broad based fund drives, or contributions by local public bodies.
    (c) Additional security may include, but is not limited to, the 
following:
    (1) Liens on additional real estate or equipment.
    (2) A pledge of revenues from additional sources.

[[Page 106]]

    (3) An assignment of assured income in accordance with Sec.  
1942.17(g)(3)(iii)(A)(1) of subpart A of this part 1942.
    (d) Review and approval or concurrence in the State Office is 
required if the security will not include a pledge of taxes and the 
applicant cannot provide evidence of the financially successful 
operation of a similar facility for the 5 years immediately prior to 
loan application.
    (e) Review and concurrence in the National Office is required if the 
security will not include a pledge of taxes, the applicant cannot 
provide evidence of the financially successful operation of a similar 
facility for the 5 years immediately prior to loan application, and the 
amount of the loan will exceed $250,000.
    (f) Loans under this subpart are subject to the provisions of Sec.  
1942.17(g)(1) of subpart A of this part 1942, regarding security for 
projects utilizing joint financing.

[52 FR 43726, Nov. 16, 1987; 52 FR 47097, Dec. 11, 1987]



Sec.  1942.115  Reasonable project costs.

    Applicants are responsible for determining that prices paid for 
property rights, construction, equipment, and other project development 
are reasonable and fair. RD may require an appraisal by an independent 
appraiser or Agency employee.



Sec.  1942.116  Economic feasibility requirements.

    All projects financed under this section must be based on taxes, 
assessments, revenues, fees, or other satisfactory sources of revenues 
in an amount sufficient to provide for facility operation and 
maintenance, a reasonable reserve, and debt payment. An overall review 
of the applicant's financial status, including a review of all assets 
and liabilities, will be a part of the docket review process by the 
Agency staff and approval official. All applicants will be expected to 
provide a financial feasibility report. These financial feasibility 
reports will normally be:
    (a) Included as part of the preliminary engineer/architectural 
report using guide 6 to subpart A of this part 1942 (available in any RD 
Office), or
    (b) Prepared by the applicant using Form RD 1942-54, ``Applicant's 
Feasibility Report.''



Sec.  1942.117  General requirements.

    (a) Reserve requirements. Loans under this subpart are subject to 
the provisions of Sec.  1942.17 (i) of subpart A of this part 1942.
    (b) Membership authorization. The membership of organizations other 
than public bodies must authorize the project and its financing except 
the District Director may, with the concurrence of the State Director 
(with advice of OGC as needed), accept the loan resolution without such 
membership authorization when State statutes and the organization 
charter and bylaws do not require such authorization.
    (c) Insurance and bonding. Loans under this subpart are subject to 
the provisions of Sec.  1942.17(j)(3) of subpart A of this part 1942.
    (d) Acquisition of land and rights. Loans under this subpart are 
subject to the provisions of Sec.  1942.17(j)(4) of subpart A of this 
part 1942.
    (e) Lease agreements. Loans under this subpart are subject to the 
provisions of Sec.  1942.17(j)(5) of subpart A of this part 1942.
    (f) Notes and bonds. Loans under this subpart are subject to the 
provisions of Sec. Sec.  1942.17(j)(6) and 1942.19 of subpart A of this 
part 1942.
    (g) Public information. Loans under this subpart are subject to the 
provisions of Sec.  1942.17 (j)(9) of subpart A of this part 1942.
    (h) Joint funding. Loans under this subpart are subject to the 
provisions of Sec. Sec.  1942.2 (e) and 1942.17 (j)(11) of subpart A of 
this part 1942.



Sec.  1942.118  Other Federal, State, and local requirements.

    (a) Loans under this subpart are subject to the provisions of Sec.  
1942.17 (k) of subpart A of this part 1942.
    (b) An initial compliance review should be completed under subpart E 
of part 1901 of this chapter.



Sec.  1942.119  Professional services and borrower contracts.

    (a) Loans under this subpart are subject to the provisions of Sec.  
1942.17 (l) of subpart A of this part 1942.

[[Page 107]]

    (b) The District Director will, with assistance as necessary by the 
State Director and OGC, concur in agreements between borrowers and third 
parties such as contracts for professional and technical services. The 
State Director may require State Office review of such documents in 
accordance with Sec.  1942.108 (g) of this subpart. State Directors are 
expected to work closely with representatives of engineering and 
architectural societies, bar associations, commercial lenders, 
accountant associations, and others in developing standard forms of 
agreements, where needed, and other matters to expedite application 
processing, minimize referrals to OGC, and resolve problems which may 
arise. Standard forms should be reviewed by and approved by OGC.



Sec. Sec.  1942.120-1942.121  [Reserved]



Sec.  1942.122  Actions prior to loan closing and start of construction.

    (a) Excess Agency loan funds. Loans under this subpart are subject 
to the provisions of Sec.  1942.17 (n)(1) of subpart A of this part 
1942.
    (b) Loan resolutions. Loans under this subpart are subject to the 
provisions of Sec.  1942.17 (n)(2) of subpart A of this part 1942.
    (c) Interim financing. Loans under this subpart are subject to the 
provisions of Sec.  1942.17 (n)(3) of subpart A of this part 1942.
    (d) Applicant contribution. Loans under this subpart are subject to 
the provisions of Sec.  1942.17 (n)(5) of subpart A of this part 1942 
this chapter.
    (e) Evidence of and disbursement of other funds. Loans under this 
subpart are subject to the provisions of Sec.  1942.17 (n)(6) of subpart 
A of this part 1942.
    (f) Assurance agreement. All applicants must execute Form RD 400-4, 
``Assurance Agreement,'' at or before loan closing.



Sec.  1942.123  Loan closing.

    (a) Ordering loan checks. Checks will not be ordered until:
    (1) Form RD 440-57, ``Acknowledgement of Obligated Funds/Check 
Request,'' has been received from the Finance Office.
    (2) The applicant has complied with approval conditions and any 
closing instructions, except for those actions which are to be completed 
on the date of loan closing or subsequent thereto.
    (3) The applicant is ready to start construction or funds are needed 
to pay interim financing obligations.
    (b) Public bodies and Indian tribes. (1) After loan approval the 
completed docket will be reviewed by the State Director. The information 
required by OGC will be transmitted to OGC with a request for closing 
instructions. Upon receipt of the closing instructions from OGC, the 
State Director will forward them along with any appropriate instructions 
to the District Director. Upon receipt of closing instructions, the 
District Director will discuss with the applicant and its architect or 
engineer, attorney, and other appropriate representatives, the 
requirements contained therein and any actions necessary to proceed with 
closing.
    (2) Loans will be closed in accordance with the closing instructions 
issued by OGC and Sec.  1942.19 of subpart A of this part 1942.
    (c) Organizations other than public bodies and Indian tribes. 
District Directors are authorized to close loans to organizations other 
than public bodies and Indian tribes without closing instructions from 
OGC. State Directors, in consultation with OGC, should develop standard 
closing procedures and forms as needed. Assistance with loan closing and 
a certification regarding the validity of the note and mortgage or other 
debt instruments should be provided by the applicant's attorney. 
Appropriate title opinion or title insurance is required as provided in 
Sec.  1942.17 (j)(4)(i)(B) of subpart A of this part 1942.
    (d) Authority to execute, file, and record legal instruments. 
District Office employees are authorized to execute and file or record 
any legal instruments necessary to obtain or preserve security for 
loans. This includes, as appropriate, mortgages and other lien 
instruments, as well as affidavits, acknowledgements, and other 
certificates.
    (e) Mortgages. Unless otherwise required by State law or unless an 
exception is approved by the State Director

[[Page 108]]

with advice of the OGC, only one mortgage will be taken even though the 
indebtedness is to be evidenced by more than one instrument. The real 
estate or chattel mortgages or security instruments will be delivered to 
the recording office for recordation or filing, as appropriate. A copy 
of such instruments will be delivered to the borrower. The original 
instrument, if returnable after recording or filing, will be retained in 
the borrower's case folder.
    (f) Notes and bonds. When the debt instrument is a note or single 
instrument bond fully registered as to principal and interest a 
conformed copy will be sent to the Finance Office immediately after loan 
closing and the original instrument will be stored in the District 
Office. When other types of bonds are used, the original bond(s) will be 
forwarded to the Finance Office immediately after loan closing.
    (g) Disposition of title evidence. All title evidence other than the 
opinion of title and mortgage title insurance policy, will be returned 
to the borrower when the loan has been closed.
    (h) Multiple advances. When temporary paper, such as bond 
anticipation notes or interim receipts, is used to conform with the 
multiple advance requirement, the original temporary paper will be 
forwarded to the Finance Office after each advance is made to the 
borrower. The borrower's case number will be entered in the upper right-
hand corner of such paper by the Distict Office. The permanent debt 
instrument(s) should be forwarded to the Finance Office as soon as 
possible after the last advance is made, except that for notes and 
single instrument bonds fully registered as to principal and interest 
the original will be retained in the District Office and a copy will be 
forwarded to the Finance Office. The following actions will be taken 
prior to issuance of the permanent instruments:
    (1) The Finance Office will be notified of the anticipated date for 
the retirement of the interim instruments and the issuance of permanent 
instruments of debt.
    (2) The Office of the Deputy Chief Financial Officer will prepare a 
statement of account including accrued interest through the proposed 
date of retirement and also show the daily interest accrual. The 
statement of account and the interim financing instruments will be 
forwarded to the Rural Development Manager.
    (3) The Rural Development Manager will collect interest through the 
actual date of the retirement and obtain the permanent instrument(s) of 
debt in exchange for the interim financing instruments. The permanent 
instruments and the cash collection will be forwarded to the Office of 
the Deputy Chief Financial Officer immediately, except that for notes 
and single instrument bonds fully registered as to principal and 
interest the original will be retained in the Area Office and a copy 
will be forwarded to the Office of the Deputy Chief Financial Officer. 
In developing the permanent instruments, the sequence of preference set 
out Sec.  1942.19(e) of Subpart A of Part 1942 of this chapter will be 
followed.
    (i) Bond registration record. Form RD 442-28, ``Bond Registration 
Book,'' may be used as a guide to assist borrowers in the preparation of 
a bond registration book in those cases where a registration book is 
required and a book is not provided in connection with the printing of 
the bonds.
    (j) Loan disbursements. Whenever a loan disbursement is received, 
lost, or destroyed, the Rural Development Manager will take the 
appropriate actions outlined in Rural Development Instruction 2018-D.
    (k) Safeguarding bond shipments. Agency personnel will follow the 
procedures for safeguarding mailings and deliveries of bonds and coupons 
outlined in RD Instruction 2018-E (available in any RD office), whenever 
they mail or deliver these items.
    (l) Review of loan closing. When the loan has been closed, the Rural 
Development Manager will submit the completed loan closing documents and 
a statement showing what was done in closing the loan to the State 
Director. The State Director will review the documents and the Rural 
Development Manager's statement to determine whether the transaction was 
closed properly. For loans to public bodies or Indian tribes the State 
Director will forward all documents, along with a

[[Page 109]]

statement that all administrative requirements have been met, to the 
Regional Attorney. The Regional Attorney will review the submitted 
material to determine whether all legal requirements have been met. The 
Regional Attorney should review Rural Development standard forms only 
for proper execution, unless the State Director brings attention to 
specific questions. Facility development should not be held up pending 
receipt of the Regional Attorney opinion. When the review of the State 
Director has been completed, and for public bodies and Indian tribes the 
Regional Attorney's opinion has been received, the State Director must 
advise the Rural Development Manager of any deficiencies that must be 
corrected and return all material that was submitted for review.
    (m) Loan cancellation. Loans under this subpart are subject to the 
provisions of Sec.  1942.12 of subpart A of this part 1942.

[52 FR 43726, Nov. 16, 1987, as amended at 59 FR 54788, Nov. 2, 1994; 70 
FR 19254, Apr. 13, 2005]



Sec. Sec.  1942.124-1942.125  [Reserved]



Sec.  1942.126  Planning, bidding, contracting, constructing, procuring.

    (a) General. This section provides procedures and requirements for 
planning, bidding, contracting, constructing and procuring facilities 
financed under this subpart. These procedures do not relieve the owner 
of contractual obligations that arise from procurement of services.
    (b) Technical services. Owners are responsible for providing the 
engineering or architectural services necessary for planning, designing, 
bidding, contracting, inspecting and constructing their facilities. 
Services may be provided by the owner's ``in-house'' engineer or 
architect or through contract, subject to Agency concurrence. Architects 
and engineers must be licensed in the State where the facility is to be 
located.
    (1) Preliminary reports. A preliminary architectural or engineering 
report conforming with customary professional standards is required for 
all construction, except that RD may waive the requirement for a 
preliminary architectural/engineering report or accept a brief report if 
the cost of the construction does not exceed $100,000. Guide 6 to 
subpart A of this part 1942 (available in any RD office) may be used.
    (2) Final reports. Detailed final plans and specifications are 
required for all construction and must receive Agency concurrence. When 
negotiated procurement is used for construction costing not more than 
$100,000 the final plans and specifications may be provided by the 
contractor who submits the successful proposal. The plans and 
specifications must be prepared by or under the supervision of an 
architect or engineer who is licensed in the State where the facility is 
to be located and should include all materials and work to be provided 
under the contract. Some work and material may be omitted from the 
contract provided the owner furnishes detailed cost estimates for 
whatever is needed to fully complete the facility and will complete the 
facility in accordance with paragraph (e) of this section and the small 
purchase procedures set out in Sec.  1942.18(k)(1) of subpart A of this 
part 1942. In such cases, RD may determine that it is not necessary to 
require the applicant to hire a consulting architect/engineer; however, 
if a second contract that does not qualify for small purchase procedures 
is needed to complete the facility, the owner must provide for an 
architect/engineer to design the entire facility. When the contractor 
provides the plans and specifications, the contract will be considered a 
design/build procurement method under Sec.  1942.18(1) of subpart A of 
this part 1942.
    (3) Major equipment. An architect/engineer is not required for major 
equipment if RD determines the owner has the ability to develop an 
adequate request for proposal and evaluate the proposals received or can 
obtain adequate assistance from other sources, such as State or Federal 
agencies or trade associations.
    (c) Design policies. Facilities financed by RD must be designed and 
constructed in accordance with sound engineering and architectural 
practices, and must meet the requirements of Federal, State and local 
agencies. All facilities intended for or accessible to

[[Page 110]]

the public or in which physically handicapped persons may be employed or 
reside must be developed in compliance with the Architectural Barriers 
Act of 1968 (Pub. L. 90-480) as implemented by the General Services 
Administration regulations 41 CFR 101-19.6 and section 504 of the 
Rehabilitation Act of 1973 (Pub. L. 93-112) as implemented by 7 CFR 
parts 15 and 15b.
    (d) Construction contracts. Contract documents must be sufficiently 
descriptive and legally binding to accomplish the work as economically 
and expeditiously as possible.
    (1) Standard construction contract documents. When standard 
construction contract documents available from RD are used, or when the 
amount of the contract does not exceed $100,000, it will normally not be 
necessary for the Regional Attorney to perform a detailed legal review. 
If construction contract documents used are not in the format of guide 
forms approved by RD, and the contract amount exceeds $100,000, the 
Regonal Attorney must review the documents before their use.
    (2) Contract review and approval. The owner's attorney will review 
executed contract documents, including performance and payment bonds, 
and certify that they are adequate, legal and binding, and that the 
persons executing the documents have been authorized to do so. The 
contract documents, bid bonds, and bid tabulation sheets will be 
forwarded to RD for approval prior to awarding. All contracts will 
contain a provision that they are not in full force and effect until 
they have been approved by RD. The Agency District Director is 
responsible for approving construction contracts with advice and 
guidance of the State Director and Regional Attorney when necessary.
    (3) Separate contracts. Arrangements which split responsibility of 
contractors (separate contracts for labor and material, extensive 
subcontracting and multiplicity of small contracts on the same job) 
should be avoided whenever it is practical to do so. Contracts may be 
awarded to suppliers or manufacturers for furnishing and installing 
certain items which have been designed by the manufacturer and delivered 
to the job site in a finished or semifinished state such as 
prefabricated buildings. Contracts may also be awarded for material 
delivered to the job site and installed by a patented process or method.
    (e) Performing construction. Owners are encouraged to accomplish 
construction through contracts with recognized contractors. Owners may 
accomplish construction by using their own personnel and equipment 
provided the owners possess the necessary skills, abilities and 
resources to perform the work and provided a licensed engineer or 
architect prepares design drawings and specifications and inspection is 
provided in accordance with paragraph (l)(3) of this section.
    (f) Owner's contractual responsibility. Loans under this subpart are 
subject to the provisions of Sec.  1942.18(i) of subpart A of this part 
1942.
    (g) Owner's procurement regulations. Loans under this subpart are 
subject to the provisions of Sec.  1942.18(j) of subpart A of this part 
1942.
    (h) Procurement methods. Unless the Agency National Office gives 
prior written approval of another method, procurement must be made by 
one of the following methods:
    (1) Small purchase procedures as provided in Sec.  1942.18(k)(1) of 
subpart A of this part 1942.
    (2) Competitive sealed bids as provided in Sec.  1942.18(k)(2) of 
subpart A of this part 1942. Competitive sealed bids is the preferred 
procurement method of construction projects, except for buildings 
costing $100,000 or less when the owner desires to use a 
``preengineered'' or ``packaged'' building.
    (3) Competitive negotiation as provided in Sec.  1942.18(k)(3) of 
subpart A of this part 1942. Competitive negotiation is the preferred 
procurement method of buildings not exceeding $100,000 in cost when the 
owner desires to use a ``pre-engineered'' or ``packaged'' building and 
for major equipment.
    (4) Noncompetitive negotiation as provided in Sec.  1942.18(k)(4) of 
subpart A of this part 1942.
    (i) Contracting methods. Loans under this subpart are subject to the 
provisions of Sec.  1942.18(1) of subpart A of this part 1942.
    (j) Contracts awarded prior to preapplications. Loans under this 
subpart are subject to the provisions of

[[Page 111]]

Sec.  1942.18(m) of subpart A of this part 1942.
    (k) Construction contract provisions. Construction contracts for 
loans under this subpart are subject to the provisions of Sec.  
1942.18(n) of subpart A of this part 1942. Construction contracts for 
loans under this subpart are also subject to the provisions of Sec.  
1901.205 of subpart E of part 1901 of this chapter, regarding 
nondiscrimination in construction, except that guides 18 and 17 or 19 to 
subpart A of this part 1942 of this chapter will normally be used 
instead of Form RD 1924-5, ``Invitation for Bid (Construction 
Contract),'' and Form RD 1924-6, ``Construction Contract.'' When guide 
18 is used with a design/build type contract, section 4, ``Conflict of 
Interest,'' may need revision.
    (l) Construction contract administration. Owners shall be 
responsible for maintaining a contract administration system to monitor 
the contractors' performance and compliance with the terms, conditions, 
and specifications of the contracts.
    (1) Preconstruction conference. Prior to beginning construction the 
owner will schedule a preconstruction conference where RD will review 
the planned development with the owner, its architect or engineer, 
project inspector, attorney, contractor(s), and other interested 
parties. The conference will thoroughly cover applicable items included 
in Form RD 1924-16, ``Record of Preconstruction Conference,'' and the 
discussions and agreements will be documented. Form RD 1924-16 may be 
used for this purpose.
    (2) Monitoring reports. Each owner will be required to monitor and 
provide reports to RD on actual performance during construction for each 
project financed, or to be financed, in whole or in part with Agency 
funds. The reports are to include:
    (i) A comparison of actual accomplishments with the construction 
schedule established for the period. The partial payment estimate may be 
used for this purpose.
    (ii) A narrative statement giving full explanation of the following:
    (A) Reasons why established goals were not met.
    (B) Analysis and explanation of cost overruns or high unit costs and 
how payment is to be made for the same.
    (iii) If events occur between reports which have a significant 
impact upon the project, the owner will notify RD as soon as any of the 
following conditions are known:
    (A) Problems, delays, or adverse conditions which will materially 
affect the ability to attain program objectives or prevent the meeting 
of project work units by established time periods. This disclosure shall 
be accompanied by a statement of the action taken, or contemplated, and 
any Federal assistance needed to resolve the situation.
    (B) Favorable developments or events which enable meeting time 
schedules and goals sooner than anticipated or producing more work units 
than originally projected or which will result in cost underruns or 
lower unit costs than originally planned and which may result in less 
Agency assistance.
    (3) Inspection. The borrower must provide for inspection of all 
construction. When the borrower enters into an agreement for technical 
services with an engineer/architect, the agreement should provide for 
general engineering/architectural inspection of the construction work. 
When no such agreement exists, or RD or the borrower determines the 
inspection services of the engineer/architect may not be sufficient, the 
owner must provide a project inspector. Prior to the preconstruction 
conference, the borrower must submit a r[eacute]sum[eacute] of 
qualifications of the project inspector to RD for acceptance in writing. 
The project inspector will be responsible for making inspections 
necessary to protect the borrower's interest and for providing written 
inspection reports to the borrower with copies to the Agency District 
Director. Guide 11 of subpart A of this part 1942 (available in any 
Rural Development office) may be used as a guide format for inspection 
reports. For new buildings, additions to existing buildings, and 
rehabilitation of existing buildings, the project inspector should make 
inspections at the following stages of construction and at other stages 
of

[[Page 112]]

construction as determined by the District Director and the borrower. 
Inspections by RD are solely for its benefit as lender.
    (i) An initial inspection should be made just prior to or during the 
placement of concrete footings or monolithic footings and floor slabs. 
At this point, foundation excavations are complete, forms or trenches 
and steel are ready for concrete placement and the subsurface 
installation is roughed in. If the building design does not include 
concrete footings the initial inspection should be made just after or 
during the placement of poles or other foundation materials.
    (ii) An inspection should be made when the building is enclosed, 
structural members are still exposed, roughing in for heating, plumbing 
and electrical work is in place and visible, and wall insulation and 
vapor barriers are installed.
    (iii) A final inspection should be made when all development of the 
structure has been completed and the structrure is ready for its 
intended use.
    (4) Prefinal inspections. A prefinal inspection will be made by the 
owner, project inspector, owner's architect or engineer, representatives 
of other agencies involved, and the District Director. The inspection 
results will be recorded on Form RD 1924-12, ``Inspection Report,'' and 
a copy provided to all interested parties, including the Agency State 
Director.
    (5) Final inspection. A final inspection will be made by RD before 
final payment is made.
    (6) Changes in development plans. (i) Changes in development plans 
may be approved by RD when requested by owners, provided:
    (A) Funds are available to cover any additional costs; and
    (B) The change is for an authorized loan purpose; and
    (C) It will not adversely affect the soundness of the facility 
operation or RD's security; and
    (D) The change is within the scope of the contract; and
    (E) Any applicable requirements of 7 CFR part 1970 have been met.
    (ii) Changes will be recorded on Form RD 1924-7, ``Contract Change 
Order,'' or other similar forms may be used with the prior approval of 
the District Director. Regardless of the form, change orders must be 
approved by the Agency District Director.
    (iii) Changes should be accomplished only after Agency approval on 
all changes which affect the work and shall be authorized only by means 
of contract change order. The change order will include items such as:
    (A) Any changes in labor and material and their respective cost.
    (B) Changes in facility design.
    (C) Any decrease or increase in quantities based on final 
measurements that are different from those shown in the bidding 
schedule.
    (D) Any increase or decrease in the time to complete the project.
    (iv) All changes shall be recorded on chronologically numbered 
contract change orders as they occur. Change orders will not be included 
in payment estimates until approved by all parties.

[52 FR 43726, Nov. 16, 1987; 52 FR 47097, Dec. 11, 1987, as amended at 
81 FR 11031, Mar. 2, 2016]



Sec.  1942.127  Project monitoring and fund delivery.

    (a) Coordination of funding sources. When a project is jointly 
financed, the District Director will reach any needed agreement or 
understanding with the representatives of the other source of funds on 
distribution of responsibilities for handling various aspects of the 
project. These responsibilities will include supervision of 
construction, inspections and determination of compliance with 
appropriate regulations concerning equal employment opportunities, wage 
rates, nondiscrimination in making services or benefits available, and 
environmental compliance. If any problems develop which cannot be 
resolved locally, complete information should be sent to the State 
Office for advice.
    (b) Multiple advances. Loans under this subpart are subject to the 
provisions of Sec.  1942.17 (p)(2) of subpart A of this part 1942.
    (c) Use and accountability of funds. Loans under this subpart are 
subject to the provisions of Sec.  1942.17 (p)(3) of subpart A of this 
part 1942.
    (d) Development inspections. Loans under this subpart are subject to 
the

[[Page 113]]

provisions of Sec.  1942.17(p)(4) of subpart A of this part 1942.
    (e) Payment for project costs. Each payment for project costs must 
be approved by the borrower's governing body.
    (1) Construction. Payment for construction must be for amounts shown 
on payment estimate forms. Form RD 1924-18, ``Partial Payment 
Estimate,'' may be used for this purpose or other similar forms may be 
used with the prior approval of the District Director. However, the 
District Director cannot require more reporting burden than is required 
by Form RD 1924-18. Advances for contract retainage will not be made 
until such retainage is due and payable under the terms of the contract. 
The review and acceptance of project cost, including construction 
partial payment estimates, by RD does not attest to the correctness of 
the amounts, the quantities shown, or that the work has been performed 
under the terms of agreements or contracts.
    (2) Major equipment. Payment for major equipment should generally 
coincide with delivery of the usable equipment, along with any necessary 
title or certifications, to the borrower. Borrowers may not use Agency 
loan funds to make deposits on equipment not ready for delivery. If a 
borrower purchases a truck chassis from one supplier and another 
supplier will complete the development of a fire or rescue vehicle, RD 
may release funds to pay for the chassis when title to the chassis is 
transferred to the borrower.
    (f) Use of remaining funds. Loans under this subpart are subject to 
the provisions of Sec.  1942.17 (p)(6) of subpart A of this part 1942.

[52 FR 43726, Nov. 16, 1987; 52 FR 47097, Dec. 11, 1987]



Sec.  1942.128  Borrower accounting methods, management reports and audits.

    (a) Loans under this subpart are subject to the provisions of Sec.  
1942.17(q) of subpart A of this part 1942 except as provided in this 
section.
    (b) Borrowers with annual incomes not exceeding $100,000 may, with 
concurrence of the District Director, use Form RD 1942-53, ``Cash Flow 
Report,'' instead of page one of schedule one and schedule two of Form 
RD 442-2, ``Statement of Budget, Income, and Equity.'' When used for 
budgeting, the cash statement should be projected for the upcoming 
fiscal year. When used for quarterly or annual reports, the cash flow 
report should include current year projections and actual data for the 
prior year, the quarter just ended, and the current year to date.



Sec.  1942.129  Borrower supervision and servicing.

    Loans under this subpart are subject to the provisions of Sec.  
1942.17(r) of subpart A of this part 1942 and subpart E of part 1951 of 
this chapter.



Sec. Sec.  1942.130-1942.131  [Reserved]



Sec.  1942.132  Subsequent loans.

    Subsequent loans will be processed under this subpart.



Sec.  1942.133  Delegation and redelegation of authority.

    Loan approval authority is in subpart A of part 1901 of this 
chapter. State Directors may delegate approval authority to District 
Directors to approve fire and rescue loans regardless of whether 
authority to approve other community facility loans is delegated. Except 
for loan approval authority, District Directors may redelegate their 
duties to qualified staff members.



Sec.  1942.134  State supplements and guides.

    State Directors will obtain National Office clearance for all State 
supplements and guides under RD Instruction 2006-B (available in any 
Rural Development office).
    (a) State supplements. State Directors may supplement this subpart 
to meet State and local laws and regulations and to provide for orderly 
application processing and efficient service to applicants. State 
supplements shall not contain any requirements pertaining to bids, 
contract awards, and materials more restrictive than those in this 
subpart.
    (b) State guides. State Directors may develop guides for use by 
applicants if the guides to this subpart and subpart A of part 1942 are 
not adequate. State Directors may prepare guides for items

[[Page 114]]

needed for the application; items necessary for the docket; and items 
required prior to loan closing or construction starts.



Sec. Sec.  1942.135-1942.149  [Reserved]



Sec.  1942.150  OMB control number.

    The collection of information requirements in this regulation have 
been approved by the Office of Management and Budget and have been 
assigned OMB control number 0575-0120.

Subparts D-H [Reserved]

                          PART 1943 [RESERVED]



PART 1944_HOUSING--Table of Contents



Subpart A [Reserved]

             Subpart B_Housing Application Packaging Grants

Sec.
1944.51 Objective.
1944.52 Definitions.
1944.53 Grantee eligibility.
1944.54-1944.61 [Reserved]
1944.62 Authorized representative of the applicant.
1944.63 Authorized use of grant funds.
1944.64-1944.65 [Reserved]
1944.66 Administrative requirements.
1944.67 Ineligible activities.
1944.68 [Reserved]
1944.69 Agency point of contact.
1944.70 Targeting of HAPG funds to States.
1944.71 Term of grant.
1944.72 Application packaging orientation and training.
1944.73 Package submission.
1944.74 Debarment or suspension.
1944.75 Exception authority.
1944.76-1944.99 [Reserved]
1944.100 OMB control number.

Exhibit A to Subpart B of Part 1944 [Reserved]
Exhibit B to Subpart B of Part 1944--Housing Application Packaging Grant 
          (HAPG) Fee Processing
Exhibit C to Subpart B of Part 1944--Requirements for Housing 
          Application Packages
Exhibit D to Subpart B of Part 1944--Designated Counties for Housing 
          Application Packaging Grants

Subparts C-E [Reserved]

              Subpart F_Congregate Housing Services Program

1944.251 Purpose.
1944.252 Definitions.
1944.253 Notice of funding availability, application process and 
          selection.
1944.254 Program costs.
1944.255 Eligible supportive services.
1944.256 Eligibility for services.
1944.257 Service coordinator.
1944.258 Professional assessment committee.
1944.259 Participatory agreement.
1944.260 Cost distribution.
1944.261 Program participant fees.
1944.262 Grant agreement and administration.
1944.263 Eligibility and priority for 1978 Act recipients.
1944.264 Evaluation of Congregate Housing Services Programs.
1944.265 Reserve for supplemental adjustment.
1944.266 Other Federal requirements.

Subparts G-H [Reserved]

             Subpart I_Self-Help Technical Assistance Grants

1944.401 Objective.
1944.402 Grant purposes.
1944.403 Definitions.
1944.404 Eligibility.
1944.405 Authorized use of grant funds.
1944.406 Prohibited use of grant funds.
1944.407 Limitations.
1944.408 [Reserved]
1944.409 Executive Order 12372.
1944.410 Processing preapplications, applications, and completing grant 
          dockets.
1944.411 Conditions for approving a grant.
1944.412 Docket preparation.
1944.413 Grant approval.
1944.414 [Reserved]
1944.415 Grant approval and other approving authorities.
1944.416 Grant closing.
1944.417 Servicing actions after grant closing.
1944.418 [Reserved]
1944.419 Final grantee evaluation.
1944.420 Extension or revision of the grant agreement.
1944.421 Refunding of an existing grantee.
1944.422 Audit and other report requirements.
1944.423 Loan packaging and 502 RH application submittal.
1944.424 Dwelling construction and standards.
1944.425 Handling and accounting for borrower loan funds.
1944.426 Grant closeout.
1944.427 Grantee self-evaluation.
1944.428-1944.449 [Reserved]
1944.450 OMB control number.

[[Page 115]]


Exhibit A to Subpart I of Part 1944--Self-Help Technical Assistance 
          Grant Agreement
Exhibit B to Subpart I of Part 1944--Evaluation Report of Self-Help 
          Technical Assistance (TA) Grants
Exhibit B-1 to Subpart I of Part 1944--Instructions for Preparation of 
          Evaluation Report of Self-Help Technical Assistance Grants
Exhibit B-2 to Subpart I of Part 1944--Breakdown of Construction 
          Development for Determining Percentage Construction Completed
Exhibit B-3 to Subpart I of Part 1944--Pre-Construction and Construction 
          Phase Breakdown
Exhibit C to Subpart I of Part 1944--Amendment to Self-Help Technical 
          Assistance Grant Agreement
Exhibit D to Subpart I of Part 1944--Self-Help Technical Assistance 
          Grant Predevelopment Agreement
Exhibit E to Subpart I of Part 1944--Guidance for Recipients of Self-
          Help Technical Assistance Grants (Section 523 of Housing Act 
          of 1949)
Exhibit F to Subpart I of Part 1944--Site Option Loan to Technical 
          Assistance Grantees

Subpart J [Reserved]

          Subpart K_Technical and Supervisory Assistance Grants

1944.501 General.
1944.502 Policy.
1944.503 Objectives.
1944.504-1944.505 [Reserved]
1944.506 Definitions.
1944.507-1944.509 [Reserved]
1944.510 Applicant eligibility.
1944.511 [Reserved]
1944.512 Authorized representative of the applicant.
1944.513 [Reserved]
1944.514 Comprehensive TSA grant projects.
1944.515 [Reserved]
1944.516 Grant purposes.
1944.517 [Reserved]
1944.518 Term of grant.
1944.519 [Reserved]
1944.520 Ineligible activities.
1944.521 [Reserved]
1944.522 Equal opportunity requirements.
1944.523 Other administrative requirements.
1944.524 [Reserved]
1944.525 Targeting of TSA funds to States.
1944.526 Preapplication procedure.
1944.527 [Reserved]
1944.528 Preapplication submission deadline.
1944.529 Project selection.
1944.530 [Reserved]
1944.531 Applications submission.
1944.532 [Reserved]
1944.533 Grant approval and announcement.
1944.534 [Reserved]
1944.535 Cancellation of an approved grant.
1944.536 Grant closing.
1944.537 [Reserved]
1944.538 Extending and revising grant agreements.
1944.539 [Reserved]
1944.540 Requesting TSA checks.
1944.541 Reporting requirements.
1944.542 [Reserved]
1944.543 Grant monitoring.
1944.544 [Reserved]
1944.545 Additional grants.
1944.546 [Reserved]
1944.547 Management assistance.
1944.548 Counseling consent by Rural Development single family housing 
          borrowers.
1944.549 Grant evaluation, closeout, suspension, and termination.
1944.550 [Reserved]

Exhibit A to Subpart K of Part 1944--Grant Agreement--Technical and 
          Supervisory Assistance
Exhibit B to Subpart K of Part 1944--Administrative Instructions for 
          State Offices Regarding Their Responsibilities in the 
          Administration of the Technical and Supervisory Assistance 
          Grant Program
Exhibit C to Subpart K of Part 1944--Instructions for District Offices 
          Regarding Their Responsibilities in the Administration of the 
          Technical and Supervisory Assistance Grant Program
Exhibit D to Subpart K of Part 1944--Amendment to Technical and 
          Supervisory Assistance Grant Agreement
Exhibit E to Subpart K of Part 1944--Guide Letter to Delinquent FmHA or 
          Its Successor Agency Under Public Law 103-354 Single Family 
          Housing Loan Borrowers

Subparts L-M [Reserved]

                  Subpart N_Housing Preservation Grants

1944.651 General.
1944.652 Policy.
1944.653 Objective.
1944.654 Debarment and suspension--drug-free workplace.
1944.655 [Reserved]
1944.656 Definitions.
1944.657 Restrictions on lobbying.
1944.658 Applicant eligibility.
1944.659 Replacement housing.
1944.660 Authorized representative of the HPG applicant and Rural 
          Development point of contact.
1944.661 Individual homeowners--eligibility for HPG assistance.
1944.662 Eligibility of HPG assistance on rental properties or co-ops.

[[Page 116]]

1944.663 Ownership agreement between HPG grantee and rental property 
          owner or co-op.
1944.664 Housing preservation and replacement housing assistance.
1944.665 Supervision and inspection of work.
1944.666 Administrative activities and policies.
1944.667 Relocation and displacement.
1944.668 Term of grant.
1944.669 [Reserved]
1944.670 Project income.
1944.671 Equal opportunity requirements and outreach efforts.
1944.672 Environmental review requirements.
1944.673 Historic preservation and replacement housing requirements and 
          procedures.
1944.674 Public participation and intergovernmental review.
1944.675 Allocation of HPG funds to States and unused HPG funds.
1944.676 Preapplication procedures.
1944.677 [Reserved]
1944.678 Preapplication submission deadline.
1944.679 Project selection criteria.
1944.680 Limitation on grantee selection.
1944.681 Application submission.
1944.682 Preapplication/application review, grant approval, and 
          requesting HPG funds.
1944.683 Reporting requirements.
1944.684 Extending grant agreement and modifying the statement of 
          activities.
1944.685 [Reserved]
1944.686 Additional grants.
1944.687 [Reserved]
1944.688 Grant evaluation, closeout, suspension, and termination.
1944.689 Long-term monitoring by grantee.
1944.690 Exception authority.
1944.691-1944.699 [Reserved]
1944.700 OMB control number.

Exhibit A to Subpart N of Part 1944--Housing Preservation Grant 
          Agreement
Exhibit B to Subpart N of Part 1944--Amendment to Housing Preservation 
          Grant Agreement
Exhibit C to Subpart N of Part 1944 [Reserved]
Exhibit D to Subpart N of Part 1944--Project Selection Criteria-Outline 
          Rating Form
Exhibit E to Subpart N of Part 1944--Guide for Quarterly Performance 
          Report

    Authority: 5 U.S.C. 301; 42 U.S.C. 1480.

    Editorial Note: Nomenclature changes to part 1944 appear at 80 FR 
9885, Feb. 24, 2015.

Subpart A [Reserved]



             Subpart B_Housing Application Packaging Grants

    Source: 58 FR 58643, Nov. 3, 1993, unless otherwise noted.



Sec.  1944.51  Objective.

    This subpart states the policies and procedures for making grants 
under section 509 of the Housing Act of 1949, as amended (42 U.S.C. 
1479). Grants reimburse eligible organizations for part or all of the 
costs of conducting, administering, and coordinating an effective 
housing application packaging program in colonias and designated 
counties. Eligible organizations will aid very low- and low-income 
individuals and families in obtaining benefits from Federal, State, and 
local housing programs. The targeted groups are very low- and low-income 
families without adequate housing who will receive priority for 
recruitment and participation and nonprofit organizations able to 
propose rental or housing rehabilitation assistance benefitting such 
families. These funds are available only in the areas defined in exhibit 
D of this subpart. Participants will assist very low- and low-income 
families in solving their housing needs. One way of assisting is to 
package single family housing applications for families wishing to buy, 
build, or repair houses for their own use. Another way is to package 
applications for organizations wishing to develop rental units for lower 
income families. The intent is to make Rural Development housing 
assistance programs available to very low- and low-income rural 
residents in colonias and designated counties. Rural Development will 
reimburse eligible organizations packaging loan/grant applications 
without discrimination because of race, color, religion, sex, national 
origin, age, familial status, or handicap if such an organization has 
authority to contract.



Sec.  1944.52  Definitions.

    References in this subpart to County, District, State, National and 
Finance Offices, and to County Supervisor, District Director, State 
Director, and Administrator refer to Rural Development offices and 
officials and should be

[[Page 117]]

read as prefaced by Rural Development. Terms used in this subpart have 
the following meanings:
    Colonias. As defined in exhibit C of subpart L of part 1940 of this 
chapter.
    Complete application package (hereafter called package). The package 
submitted to the appropriate Rural Development office which is 
considered acceptable in accordance with exhibit C of this subpart.
    Cost reimbursement. Amount determined by the Administrator that 
equals the customary and reasonable costs incurred in preparing a 
package for a loan or grant. These amounts are included in exhibit B of 
this subpart.
    Designated counties. These counties are listed in exhibit D of this 
subpart. The counties meet the following criteria:
    (1) Twenty percent or more of the county population is at or below 
the poverty level based on the most recent 5-year survey of the American 
Community Survey of the Census Bureau or other Census Bureau data if 
needed; and
    (2) Ten percent or more of the occupied housing units are 
substandard based on the most recent decennial Census of the United 
States.
    Organization. Any of the following entities which are legally 
authorized to work in designated counties and/or colonias and are:
    (1) A State, State agency, or unit of general local government or;
    (2) A private nonprofit organization or corporation that is owned 
and controlled by private persons or interests, is organized and 
operated for purposes other than making gains or profits for the 
corporation, and is legally precluded from distributing any gains or 
profits to its members.
    Packager. Any eligible organization which is reimbursed with Housing 
Application Packaging Grants (HAPG) funds.
    Technical assistance. Any assistance necessary to carry out housing 
efforts by or for very low- and low-income individuals/families to 
improve the quality and/or quantity of housing available to meet their 
needs. Such assistance must include, but is not limited to:
    (1) Contacting and assisting very low- and low-income families in 
need of adequate housing by:
    (i) Implementing an organized outreach program using available media 
and personal contacts;
    (ii) Explaining available housing programs and alternatives to 
increase the awareness of very low- and low-income families and to 
educate the community as to the benefits from improved housing;
    (iii) Assisting very low- and low-income families in locating 
adequate housing; and
    (iv) Developing and packaging loan/grant applications for new 
construction and/or rehabilitation, or repair of existing housing.
    (2) Contacting and assisting eligible applicants to develop multi-
family housing loan/grant applications for new construction, 
rehabilitation, or repair to serve very low- and low-income families.

[58 FR 58643, Nov. 3, 1993, as amended at 80 FR 9885, Feb. 24, 2015]



Sec.  1944.53  Grantee eligibility.

    An eligible grantee is an organization as defined in Sec.  1944.52 
of this subpart and has received a current ``Certificate of Training'' 
pertaining to the type of application being packaged. In addition, the 
grantee must:
    (a) Have the financial, legal, and administrative capacity to carry 
out the responsibilities of packaging housing applications for very low- 
and low-income applicants. To meet this requirement it must have the 
necessary background and experience with proven ability to perform 
responsibly in the field of housing application packaging, low-income 
housing development, or other business or administrative ventures which 
indicate an ability to perform responsibly in this field of housing 
application packaging.
    (b) Legally obligate itself to administer grant funds, provide 
adequate accounting of the expenditure of such funds, and comply with 
Rural Development regulations.
    (c) If the organization is a private nonprofit corporation, be a 
corporation that:
    (1) Is organized under State and local laws.

[[Page 118]]

    (2) Is qualified under section 501(c)(3) of the Internal Revenue 
Code of 1986.
    (3) Has as one of its purposes assisting very low- and low-income 
families to obtain affordable housing.



Sec. Sec.  1944.54-1944.61  [Reserved]



Sec.  1944.62  Authorized representative of the applicant.

    RHS or its successor agency under Public Law 103-354 will deal only 
with authorized representatives designated by the applicant. The 
authorized representatives must have no pecuniary interest in the award 
of the architectural or construction contracts, the purchase of 
equipment, or the purchase of the land for the housing site.

[58 FR 58643, Nov. 3, 1993, as amended at 61 FR 39851, July 31, 1996]



Sec.  1944.63  Authorized use of grant funds.

    Grant funds may only be used to reimburse a packager for delivered 
packages. Payment will be made for each complete package received and 
accepted in accordance with exhibit C of this subpart.



Sec. Sec.  1944.64-1944.65  [Reserved]



Sec.  1944.66  Administrative requirements.

    The following policies and regulations apply to grants made under 
this subpart:
    (a) Grantees must comply with all provisions of the Fair Housing Act 
of 1988 and subpart E of part 1901 of this chapter which states in part, 
that no person in the United States shall, on the grounds of race, 
color, national origin, sex, religion, familial status, handicap, or 
age, be excluded from participating in, be denied the benefits of, or be 
subject to discrimination in connection with the use of grant funds.
    (b) The policies and regulations contained in RD Instruction 1940-Q 
(available in any Agency office), Departmental Regulation 2400-5, 2 CFR 
part 200 as adopted by USDA through 2 CFR part 400 apply to grantees 
under this subpart.
    (c) Grants made under the subpart must be in compliance with the 
environmental review requirements in accordance with 7 CFR part 1970.
    (d) The grantee will retain records for 3 years from the date 
Standard Form (SF)-269A, ``Financial Status Report (Short Form),'' is 
submitted. These records will be accessible to RHS and other Federal 
officials in accordance with 2 CFR part 200 as adopted by USDA through 2 
CFR part 400.
    (e) Annual audits will be completed if the grantee has received more 
than $25,000 of Federal assistance in the year in which HAPG funds were 
received. These audits will be due 13 months after the end of the fiscal 
year in which funds were received.
    (1) States, State agencies, or units of general local government 
will complete an audit in accordance with 2 CFR part 200 as adopted by 
USDA through 2 CFR part 400 and OMB Circular A-128.
    (2) Nonprofit organizations will complete an audit in accordance 
with 2 CFR part 200 as adopted by USDA through 2 CFR part 400.
    (f) Performance reports, as required, will be submitted in 
accordance with 2 CFR part 200 as adopted by USDA through 2 CFR part 
400.

[58 FR 58643, Nov. 3, 1993, as amended at 61 FR 39851, July 31, 1996; 79 
FR 76008, Dec. 19, 2014; 81 FR 11031, Mar. 2, 2016]



Sec.  1944.67  Ineligible activities.

    The packager may not charge fees or accept compensation or 
gratuities directly or indirectly from the very low- and low-income 
families being assisted under this program. The packager may not 
represent or be associated with anyone else, other than the applicant, 
who may benefit in any way in the proposed transaction. If the packager 
is compensated for this service from other sources, then the packager is 
not eligible for compensation from this source except as permitted by 
Agency. Grantees who are funded to do Self-Help Housing, may not be 
reimbursed for packaging applications for participation in the Self-Help 
Housing effort.

[58 FR 58643, Nov. 3, 1993, as amended at 61 FR 39851, July 31, 1996]



Sec.  1944.68  [Reserved]



Sec.  1944.69  Agency point of contact.

    Grantees must submit packages to the appropriate Agency office 
serving the designated county and/or colonias.

[[Page 119]]

Packages for Single Family Housing loans/grants are submitted to the 
appropriate County Office. All other packages are submitted to the 
appropriate District Office. The applicable forms required to develop a 
package can be obtained in any District or County Office. Packagers 
should coordinate their packaging activity with the appropriate District 
and County Offices.

[58 FR 58643, Nov. 3, 1993, as amended at 61 FR 39851, July 31, 1996]



Sec.  1944.70  Targeting of HAPG funds to States.

    (a) HAPG funds will be distributed administratively by the 
Administrator to achieve the success of the program. Allocations will be 
distributed to States as set forth in Attachment 2 of exhibit A of 
subpart L of part 1940 of this chapter.
    (b) The State Director will determine based on the housing funds 
available and the personnel available, how many applications can be 
processed for each program during the fiscal year in each Agency office 
serving a designated county and/or colonias. The number of applications 
will be published in the advertisement required under Sec.  1944.72 of 
this subpart.

[58 FR 58643, Nov. 3, 1993, as amended at 61 FR 39851, July 31, 1996]



Sec.  1944.71  Term of grant.

    (a) For Single Family Housing loans/grants, HAPG funds will be 
specifically available for designated counties. Packages may be 
submitted after the annual housing application packaging orientation and 
training is held. The grant period will end when sufficient packages are 
received for each designated county or colonia or on September 30, of 
the fiscal year, whichever is earlier. The State Director must send 
notification, in the form of a letter, to all packagers who attended the 
packaging orientation and training that the number of applications 
specified in the advertisement required under Sec.  1944.72 of this 
subpart have been received. Any packages submitted after this date will 
be paid for only if the grantee can demonstrate the package was prepared 
in good faith and prior to receipt of the above notification.
    (b) For Multi-Family Housing loans/grants, HAPG funds will be 
available for designated areas or colonias to the extent specified in 
Rural Development's advertisement. Preapplications approved in one 
fiscal year, for which grant funds were obligated, may have the balance 
disbursed in a later fiscal year when the application is submitted and 
approved.



Sec.  1944.72  Application packaging orientation and training.

    Agency approval officials will orient and train organizations on how 
to package. A newspaper advertisement will be published by Agency 
offices serving designated counties and/or colonias after October 1. The 
advertisement will announce that application packaging services are 
being requested and specify the date of the certification training. All 
eligible organizations may attend this training. This date will be no 
more than 30 days after the advertisement appears in the newspaper and 
no later than December 31 of any year. The advertisement will include 
the estimated number of packages needed by loan type, i.e., Single 
Family, Multi-Family, etc. Exhibit A of this subpart (available in any 
Agency office) is an example of an appropriate advertisement. 
``Certificates of Training'' as required under Sec.  1944.53 of this 
subpart will be signed by the State Director and given after completion 
of the training. Efforts will be made by the appropriate Agency office 
to complete this training process and certify packagers as quickly as 
possible. Grantees must attend this training each year in order to 
qualify for assistance.

[58 FR 58643, Nov. 3, 1993, as amended at 61 FR 39851, July 31, 1996]



Sec.  1944.73  Package submission.

    (a) When submitting its first package to a Rural Development office, 
in addition to the item in paragraph (b) of this section and the 
information set forth in exhibit C of this subpart, the organization 
must submit the following. A file of these documents will be established 
in the Rural Development office and retained in accordance

[[Page 120]]

with RD Instruction 2033-A (available in any Rural Development office).
    (1) Proof of their nonprofit status under section 501(c)(3) or 
section 501(c)(4) of the Internal Revenue Code of 1986 or of their 
existence as a state agency or unit of general local government legally 
authorized to work in the designated county and/or colonias. If the 
Rural Development approval official is in doubt about the legal status 
of the organization, the evidence will be sent to the State Director. 
The State Director may, if needed, submit the above documents with any 
comments or questions to the Office of General Counsel (OGC) for an 
opinion as to whether the applicant is a legal organization of the type 
required by these regulations.
    (2) An original and copy of Forms RD 400-1, ``Equal Opportunity 
Agreement,'' and RD 400-4, ``Assurance Agreement.''
    (3) A copy of a current ``Certificate of Training'' pertaining to 
the type of application package submitted.
    (b) All packages must contain a signed statement which states, 
``Neither the organization nor any of its employees have charged, 
received or accepted compensation from any source other than Rural 
Development for packaging this application and are not associated with 
or represent anyone other than the applicant in this transaction.''
    (c) Form SF-270, ``Request for Advance or Reimbursement'' will be 
submitted with each application package for the amount authorized for 
the specific loan type in exhibit B of this subpart.
    (d) The Rural Development approval official will review each package 
for completeness, accuracy, and conformance to program policy and 
regulations. Cost reimbursement will be made in accordance with exhibit 
B of this subpart. Packagers that submit ``incomplete'' packages for 
sections 502 and 504 loans/grants will be sent a letter within 5 working 
days after submission of the ``incomplete'' package advising of 
additional information needed. Payment will be held until all the 
information is received. Packagers for sections 502 loans and 504 loans/
grants will not be paid for packages submitted on applicants who are 
obviously ineligible for the programs. For example, a grantee would not 
be reimbursed for submitting a package for a section 502 loan applicant 
with an adjusted income exceeding the limits of Appendix 9 of HB-1-3550 
(available in any Rural Development office) or who already owns adequate 
housing. Likewise, a grantee would not be reimbursed for submitting a 
package for a section 504 loan/grant when the adjusted family income 
exceeds the very low-income limits of Appendix 9 of HB-1-3550 (available 
in any Rural Development office) or when the applicant does not own and 
occupy his/her property, or for a section 504 grant when the applicant 
is not 62 years of age or older.
    (e) Submissions for sections 514/516, 515, and 524 loans/grants will 
be reviewed and, if incomplete, a letter sent within 15 working days 
advising of additional information required.
    (f) Form SF-269A, will be submitted within 15 days of the end of the 
fiscal year.

[58 FR 58643, Nov. 3, 1993, as amended at 67 FR 78328, Dec. 24, 2002]



Sec.  1944.74  Debarment or suspension.

    Certified packagers whose actions or acts warrant they not be 
allowed to participate in the program are to be investigated in 
accordance with agency procedures (available in any Rural Development 
office).

[70 FR 7651, Feb. 15, 2005]



Sec.  1944.75  Exception authority.

    The Administrator may, in individual cases, make an exception to any 
requirement or provision of this subpart which is not inconsistent with 
the authorizing statute or other applicable law if the Administrator 
determines that the Government's interest would be adversely affected. 
The Administrator will exercise this authority only at the request of 
the State Director and recommendation of the Deputy Administrator, 
Single Family Housing. Requests for exceptions must be in writing by the 
State Director and supported with documentation to explain the adverse 
effect on the Government's interest and/or impact on the applicant, 
borrower, or community, proposed alternative courses of action, and

[[Page 121]]

show how the adverse effect will be eliminated or minimized if the 
exception is granted.

[58 FR 58643, Nov. 3, 1993, as amended at 67 FR 78328, Dec. 24, 2002]



Sec. Sec.  1944.76-1944.99  [Reserved]



Sec.  1944.100  OMB control number.

    The reporting and recordkeeping requirements contained in this 
regulation have been approved by the Office of Management and Budget and 
have been assigned OMB control number 0575-0157. Public reporting burden 
for this collection of information is estimated to vary from 30 minutes 
to five hours per response, with an average of 3 hours per response 
including time for reviewing instruction, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information. Send comments regarding this 
burden estimate or any other aspect of this collection of information, 
including suggestions for reducing this burden, to Department of 
Agriculture, Clearance Officer, OIRM, Room 404-W, Washington, DC 20250; 
and to the Office of Management and Budget, Paperwork Reduction Project 
(OMB 0575-0157), Washington, DC 20503.



           Sec. Exhibit A to Subpart B of Part 1944 [Reserved]



Sec. Exhibit B to Subpart B of Part 1944--Housing Application Packaging 
                       Grant (HAPG) Fee Processing

    The Farmers Home Administration (FmHA) or its successor agency under 
Public Law 103-354 approval official will execute and distribute Form 
FmHA or its successor agency under Public Law 103-354 1940-1, ``Request 
for Obligation of Funds,'' in accordance with the Forms Manual Insert 
(FMI). HAPG funds will be used for the fees except as otherwise noted in 
paragraphs II (A) and (B) of this exhibit. Funds for all loan and/or 
grant application packages will be paid as follows.
    I. For all Single Family Housing loans (Sections 502, 504, and 514 
(``on'' farm labor housing only) of the Housing Act of 1949, checks will 
be ordered when complete application packages as defined in Sec.  
1944.73 of this subpart and exhibit C of this subpart are received. The 
fees are as follows:
    (A) Section 502 Single Family Housing Loans--$500
    (B) Section 504 Rural Housing Loans and Grants--$500
    (C) Section 514 ``On'' Farm Labor Housing Loans--$500

    II. For all Multi-Family Housing loans and grants (sections 514/516, 
515, 524, and 533 of the Housing Act of 1949), the entire amount of the 
fee coming from HAPG funds will be obligated when the packager has met 
all the requirements of the preapplication stage, however, payments will 
be made in accordance with the following schedules:

    (A) Sections 514/516 Farm Labor Housing Loans and Grants

    ``Off'' farm labor housing loans/grants--fees paid in accordance 
with the schedule for section 515 Rural Rental Housing loans.

    (B) Section 515 Rural Rental Housing Loans.

    (1) The scale for packaging fees is based on the percentage of the 
total development cost as follows:

Up to $400,000--1.6 percent

    For additional amounts between:

$400,001 and $800,000--add 1.2 percent
$800,001 and $1,200,000--add 1.0 percent
$1,200,001 and $1,600,000--add .7 percent
$1,600,001 and $2,000,000--add .5 percent
Over $2,000,001--No additional amount

    (2) Twenty-five percent paid from HAPG funds when Form AD-622, 
``Notification of Preapplication Review Action,'' is sent inviting 
submission of a complete application.
    (3) Twenty percent paid from HAPG funds when a complete application 
is filed including plans and specifications.
    (4) The 55 percent balance paid when the loan is approved. Funds for 
this 55 percent will be drawn from loan funds in accordance with 7 CFR 
3560.53 (o).
    (C) Section 524 Rural Housing Site Loans--total fee is 1 percent of 
the loan amount payable in two installments.
    (1) Thirty percent paid after FmHA or its successor agency under 
Public Law 103-354's review of the preapplication under Sec.  
1822.271(a) of subpart G of part 1822 of this chapter (paragraph XI A of 
FmHA Instruction 444.8).
    (2) Seventy percent paid upon the completion of the docket in 
accordance with Sec.  1822.271(c) of subpart G of part 1822 of this 
chapter (paragraph XI C of FmHA Instruction 444.8).
    (D) Section 533 Housing Preservation Grants--total fee is 2 percent 
of the grant amount paid in two installments.
    (1) Forty percent will be paid when the Form AD-622, inviting 
submission of a complete application, is sent.
    (2) Sixty percent will be paid after grant closes.

[58 FR 58643, Nov. 3, 1993, as amended at 69 FR 69104, Nov. 26, 2004]

[[Page 122]]



   Sec. Exhibit C to Subpart B of Part 1944--Requirements for Housing 
                          Application Packages

    A package will consist of the following requirements for the 
respective program.
    A. Section 502--Complete application packages will be submitted in 
accordance with the requirements of 7 CFR part 3550. The package must 
also include the following:

Form RD 410-9--``Statement Required by the Privacy Act''
Form RD 1910-11--``Applicant Certification Federal Collection Policies 
for Consumer or Commercial Debts''
Form RD 1944-3--``Budget and/or Financial Statement''

    B. Section 504--Complete application packages will be submitted in 
accordance with 7 CFR part 3550. The package must include the forms 
listed in paragraph A. of this exhibit and the following:
    The appropriate Agency application form for Rural Housing assistance 
(non-farm tract) (available in any Rural Development office).
    The appropriate Agency form to request verification of employment 
(available in any Rural Development office).
    The appropriate Agency Rural Housing Loan application package 
(available in any Rural Development office).
    Evidence of ownership in accordance with 7 CFR part 3550.
    Cost estimates or bid prices for removal of health or safety hazards 
in accordance with 7 CFR part 3550.
    C. Section 514/516--Complete application packages will be submitted 
in accordance with the Notice of Funding Availability that will be 
published in the Federal Register each Fiscal Year.
    D. Section 515--Complete application packages will be submitted in 
accordance with the Notice of Funding Availability that will be 
published in the Federal Register each Fiscal Year.
    E. Section 524--Complete application packages will be submitted in 
accordance with Sec.  1822.271(a) of subpart G of part 1822 of this 
chapter (paragraph XI.A. of RD Instruction 444.8). After Rural 
Development's review and as instructed, the application should be 
completed in accordance with Sec.  1822.271(c) of subpart G of part 1822 
of this chapter (paragraph XI.C. of RD Instruction 444.8).
    F. Section 533--Complete application packages will be submitted in 
accordance with the requirements of subpart N of part 1944 of this 
chapter.

[69 FR 69104, Nov. 26, 2004]

[[Page 123]]

  Exhibit D to Subpart B of Part 1944--Designated Counties for Housing 
                      Application Packaging Grants
                      
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


[[Page 124]]


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


[[Page 125]]


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


[[Page 126]]


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


[70 FR 29927, May 25, 2005]

Subparts C-E [Reserved]



              Subpart F_Congregate Housing Services Program

    Source: 61 FR 42943, 42949, Aug. 19, 1996, unless otherwise noted.



Sec.  1944.251  Purpose.

    The requirements of this subpart augment the requirements of section 
802 of the National Affordable Housing Act of 1990 (approved November 
28, 1990, Public Law 101-625) (42 U.S.C. 8011), (hereinafter, section 
802), as amended by the Housing and Community Development Act of 1992 
(Public Law 102-550, approved October 28, 1992), which authorizes the 
Congregate Housing Services Program (hereinafter, CHSP or Program).



Sec.  1944.252  Definitions.

    In addition to the definitions in section 802(k), the following 
definitions apply to CHSP:
    Activity of Daily Living (ADL) means an activity regularly necessary 
for personal care.
    (1) The minimum requirements of ADLs include:
    (i) Eating (may need assistance with cooking, preparing or serving 
food, but must be able to feed self);
    (ii) Dressing (must be able to dress self, but may need occasional 
assistance);
    (iii) Bathing (may need assistance in getting in and out of the 
shower or tub, but must be able to wash self);
    (iv) Grooming (may need assistance in washing hair, but must be able 
to take care of personal appearance);
    (v) Getting in and out of bed and chairs, walking, going outdoors, 
using the toilet; and

[[Page 127]]

    (vi) Household management activities (may need assistance in doing 
housework, grocery shopping or laundry, or getting to and from one 
location to another for activities such as going to the doctor and 
shopping, but must be mobile. The mobility requirement does not exclude 
persons in wheelchairs or those requiring mobility devices.)
    (2) Each of the Activities of Daily Living noted in paragraph (1) of 
this definition includes a requirement that a person must be able to 
perform at a specified minimal level (e.g., to satisfy the eating ADL, 
the person must be able to feed himself or herself). The determination 
of whether a person meets this minimal level of performance must include 
consideration of those services that will be performed by a person's 
spouse, relatives or other attendants to be provided by the individual. 
For example, if a person requires assistance with cooking, preparing or 
serving food plus assistance in feeding himself or herself, the 
individual would meet the minimal performance level and thus satisfy the 
eating ADL, if a spouse, relative or attendant provides assistance with 
feeding the person. Should such assistance become unavailable at any 
time, the owner is not obligated at any time to provide individualized 
services beyond those offered to the resident population in general. The 
Activities of Daily Living analysis is relevant only with regard to 
determination of a person's eligibility to receive supportive services 
paid for by CHSP and is not a determination of eligibility for 
occupancy;
    Adjusted income means adjusted income as defined in 24 CFR parts 813 
or 913.
    Applicant means a State, Indian tribe, unit of general local 
government, public housing authority (PHA), Indian housing authority 
(IHA) or local nonprofit housing sponsor. A State, Indian tribe, or unit 
of general local government may apply on behalf of a local nonprofit 
housing sponsor or a for-profit owner of eligible housing for the 
elderly.
    Area agency on aging means the single agency designated by the State 
Agency on Aging to administer the program described in Title III of the 
Older Americans Act of 1965 (45 CFR chapter 13).
    Assistant Secretary means the HUD Assistant Secretary for Housing-
Federal Housing Commissioner or the HUD Assistant Secretary for Public 
and Indian Housing.
    Case management means implementing the processes of: establishing 
linkages with appropriate agencies and service providers in the general 
community in order to tailor the needed services to the program 
participant; linking program participants to providers of services that 
the participant needs; making decisions about the way resources are 
allocated to an individual on the basis of needs; developing and 
monitoring of case plans in coordination with a formal assessment of 
services needed; and educating participants on issues, including, but 
not limited to, supportive service availability, application procedures 
and client rights.
    Eligible housing for the elderly means any eligible project 
including any building within a mixed-use project that was designated 
for occupancy by elderly persons, or persons with disabilities at its 
inception or, although not so designated, for which the eligible owner 
or grantee gives preference in tenant selection (with HUD approval) for 
all units in the eligible project (or for a building within an eligible 
mixed-use project) to eligible elderly persons, persons with 
disabilities, or temporarily disabled individuals. For purposes of this 
subpart, this term does not include projects assisted under the Low-Rent 
Housing Homeownership Opportunity program (Turnkey III (24 CFR part 905, 
subpart G)).
    Eligible owner means an owner of an eligible housing project.
    Excess residual receipts mean residual receipts of more than $500 
per unit in the project which are available and not committed to other 
uses at the time of application to HUD for CHSP. Such receipts may be 
used as matching funds and may be spent down to a minimum of $500/unit.
    For-profit owner of eligible housing for the elderly means an owner 
of an eligible housing project in which some part of the project's 
earnings lawfully inure to the benefit of any private shareholder or 
individual.

[[Page 128]]

    Grantee or Grant recipient means the recipient of funding under 
CHSP. Grantees under this Program may be states, units of general local 
government, Indian tribes, PHAs, IHAs, and local nonprofit housing 
sponsors.
    Local nonprofit housing sponsor means an owner or borrower of 
eligible housing for the elderly; no part of the net earnings of the 
owning organization shall lawfully inure to the benefit of any 
shareholder or individual.
    Nonprofit includes a public housing agency as that term is defined 
in section 3(b)(6) of the United States Housing Act of 1937.
    Person with disabilities means a household composed of one or more 
persons, at least one of whom is an adult who has a disability.
    (1) A person shall be considered to have a disability if such person 
is determined under regulations issued by the Secretary to have a 
physical, mental, or emotional impairment which:
    (i) Is expected to be of long-continued and indefinite duration;
    (ii) Substantially impedes his or her ability to live independently; 
and
    (iii) Is of such a nature that the person's ability could be 
improved by more suitable housing conditions.
    (2) A person shall also be considered to have a disability if the 
person has a developmental disability as defined in section 102(5) of 
the Developmental Disabilities Assistance and Bill of Rights Act (42 
U.S.C. 6001-7). Notwithstanding the preceding provisions of this 
paragraph, the terms person with disabilities or temporarily disabled 
include two or more persons with disabilities living together, one or 
more such persons living with another person who is determined (under 
regulations prescribed by the Secretary of HUD) to be essential to their 
care or well-being, and the surviving member or members of any household 
where at least one or more persons was an adult with a disability who 
was living, in a unit assisted under this section, with the deceased 
member of the household at the time of his or her death.
    Program participant (participant) means any project resident as 
defined in section 802(e)(1) who is formally accepted into CHSP, 
receives CHSP services, and resides in the eligible housing project 
served by CHSP grant.
    Qualifying supportive services means those services described in 
section 802(k)(16). Under this Program, health-related services mean 
non-medical supervision, wellness programs, preventive health screening, 
monitoring of medication consistent with state law, and non-medical 
components of adult day care. The Secretary concerned may also approve 
other requested supportive services essential for achieving and 
maintaining independent living.
    Rural Housing Service (RHS) means a credit agency for rural housing 
and rural development in the U.S. Department of Agriculture (USDA).
    Secretary concerned means (1) The Secretary of Housing and Urban 
Development, with respect to eligible federally assisted housing 
administered by HUD; and
    (2) The Secretary of Agriculture with reference to programs 
administered by the Administrator of the Rural Housing Service.
    Service coordinator means CHSP staff person responsible for 
coordinating Program services as described in section 1944.130.
    Service provider means a person or organization licensed or 
otherwise approved in writing by a State or local agency (e.g., 
Department of Health, Department of Human Services or Welfare) to 
provide supportive services.
    State agency means the State or an agency or instrumentality of the 
State.
    State agency on aging means the single agency designated by the 
Governor to administer the program described in Title III of the Older 
Americans Act of 1965 (See 45 CFR part 13).



Sec.  1944.253  Notice of funding availability, application process and selection.

    (a) Notice of funding availability. A Notice of Funding Availability 
(NOFA) will be published periodically in the Federal Register by the 
Secretary concerned containing the amounts of funds available, 
allocation or distribution of funds available among eligible applicant 
groups, where to obtain and submit applications, the deadline for 
submissions, and further explanation of

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the selection criteria, review and selection process. The Secretary 
concerned will designate the maximum allowable size for grants.
    (b) Selection criteria are set forth in section 802(h)(1) and shall 
include additional criteria specified by the Secretary concerned.



Sec.  1944.254  Program costs.

    (a) Allowable costs. (1) Allowable costs for direct provision of 
supportive services includes the provision of supportive services and 
others approved by the Secretary concerned for:
    (i) Direct hiring of staff, including a service coordinator;
    (ii) Supportive service contracts with third parties;
    (iii) Equipment and supplies (including food) necessary to provide 
services;
    (iv) Operational costs of a transportation service (e.g., mileage, 
insurance, gasoline and maintenance, driver wages, taxi or bus 
vouchers);
    (v) Purchase or leasing of vehicles;
    (vi) Direct and indirect administrative expenses for administrative 
costs such as annual fiscal review and audit, telephones, postage, 
travel, professional education, furniture and equipment, and costs 
associated with self evaluation or assessment (not to exceed one percent 
of the total budget for the activities approved); and
    (vii) States, Indian tribes and units of general local government 
with more than one project included in the grant may receive up to 1% of 
the total cost of the grant for monitoring the projects.
    (2) Allowable costs shall be reasonable, necessary and recognized as 
expenditures in compliance with OMB Cost Policies, i.e., OMB Circular A-
87, 24 CFR 85.36, and OMB Circular A-128.
    (b) Nonallowable costs. (1) CHSP funds may not be used to cover 
expenses related to any grantee program, service, or activity existing 
at the time of application to CHSP.
    (2) Examples of nonallowable costs under the program are:
    (i) Capital funding (such as purchase of buildings, related 
facilities or land and certain major kitchen items such as stoves, 
refrigerators, freezers, dishwashers, trash compactors or sinks);
    (ii) Administrative costs that represent a non-proportional share of 
costs charged to the Congregate Housing Services Program for rent or 
lease, utilities, staff time;
    (iii) Cost of supportive services other than those approved by the 
Secretary concerned;
    (iv) Modernization, renovation or new construction of a building or 
facility, including kitchens;
    (v) Any costs related to the development of the application and plan 
of operations before the effective date of CHSP grant award;
    (vi) Emergency medical services and ongoing and regular care from 
doctors and nurses, including but not limited to administering 
medication, purchase of medical supplies, equipment and medications, 
overnight nursing services, and other institutional forms of service, 
care or support;
    (vii) Occupational therapy and vocational rehabilitation services; 
or
    (viii) Other items defined as unallowable costs elsewhere in this 
subpart, in CHSP grant agreement, and OMB Circular A-87 or 122.
    (c) Administrative cost limitation. Grantees are subject to the 
limitation in section 802(j)(4).



Sec.  1944.255  Eligible supportive services.

    (a) Supportive services or funding for such services may be provided 
by state, local, public or private providers and CHSP funds. A CHSP 
under this section shall provide meal and other qualifying services for 
program participants (and other residents and nonresidents, as described 
in Sec.  1944.125(a)) that are coordinated on site.
    (b) Qualifying supportive services are those listed in section 
802(k)(16) and in section 1944.105.
    (c) Meal services shall meet the following guidelines:
    (1) Type of service. At least one meal a day must be served in a 
group setting for some or all of the participants; if more than one meal 
a day is provided, a combination of a group setting and carry-out meals 
may be utilized.
    (2) Hot meals. At least one meal a day must be hot. A hot meal for 
the purpose of this program is one in which the principal food item is 
hot at the time of serving.

[[Page 130]]

    (3) Special menus. Grantees shall provide special menus as necessary 
for meeting the dietary needs arising from the health requirements of 
conditions such as diabetes and hypertension. Grantees should attempt to 
meet the dietary needs of varying religious and ethnic backgrounds.
    (4) Meal service standards. Grantees shall plan for and provide 
meals which are wholesome, nutritious, and each of which meets a minimum 
of one-third of the minimum daily dietary allowances as established by 
the Food and Nutrition Board of the National Academy of Sciences-
National Research Council (or State or local standards, if these 
standards are higher). Grantees must have an annual certification, 
prepared and signed by a registered dietitian, which states that each 
meal provided under CHSP meets the minimum daily dietary allowances.
    (5) Food stamps and agricultural commodities. In providing meal 
services grantees must apply for and use food stamps and agricultural 
commodities as set forth in section 802(d)(2)(A).
    (6) Preference for nutrition providers: In contracting for or 
otherwise providing for meal services grantees must follow the 
requirements of section 802(d)(2)(B). These requirements do not preclude 
a grantee or owner from directly preparing and providing meals under its 
own auspices.



Sec.  1944.256  Eligibility for services.

    (a) Participants, other residents, and nonresidents. Such 
individuals are eligible either to participate in CHSP or to receive 
CHSP services, if they qualify under section 802(e)(1), (4) and (5). 
Under this paragraph, temporarily disabled persons are also eligible.
    (b) Economic need. In providing services under CHSP, grantees shall 
give priority to very low income individuals, and shall consider their 
service needs in selecting program participants.



Sec.  1944.257  Service coordinator.

    (a) Each grantee must have at least one service coordinator who 
shall perform the responsibilities listed in section 802(d)(4).
    (b) The service coordinator shall comply with the qualifications and 
standards required by the Secretary concerned. The service coordinator 
shall be trained in the subject areas set forth in section 802(d)(4), 
and in any other areas required by the Secretary concerned.
    (c) The service coordinator may be employed directly by the grantee, 
or employed under a contract with a case management agency on a fee-for-
service basis, and may serve less than full-time. The service 
coordinator or the case management agency providing service coordination 
shall not provide supportive services under a CHSP grant or have a 
financial interest in a service provider agency which intends to provide 
services to the grantee for CHSP.
    (d) The service coordinator shall:
    (1) Provide general case management and referral services to all 
potential participants in CHSP. This involves intake screening, upon 
referral from the grantee of potential program participants, and 
preliminary assessment of frailty or disability, using a commonly 
accepted assessment tool. The service coordinator then will refer to the 
professional assessment committee (PAC) those individuals who appear 
eligible for CHSP;
    (2) Establish professional relationships with all agencies and 
service providers in the community, and develop a directory of providers 
for use by program staff and program participants;
    (3) Refer proposed participants to service providers in the 
community, or those of the grantee;
    (4) Serve as staff to the PAC;
    (5) Complete, for the PAC, all paperwork necessary for the 
assessment, referral, case monitoring and reassessment processes;
    (6) Implement any case plan developed by the PAC and agreed to by 
the program participant;
    (7) Maintain necessary case files on each program participant, 
containing such information and kept in such form as HUD and RHS shall 
require;
    (8) Provide the necessary case files to PAC members upon request, in 
connection with PAC duties;
    (9) Monitor the ongoing provision of services from community 
agencies and keep the PAC and the agency providing

[[Page 131]]

the supportive service informed of the progress of the participant;
    (10) Educate grant recipient's program participants on such issues 
as benefits application procedures (e.g. SSI, food stamps, Medicaid), 
service availability, and program participant options and 
responsibilities;
    (11) Establish volunteer support programs with service organizations 
in the community;
    (12) Assist the grant recipient in building informal support 
networks with neighbors, friends and family; and
    (13) Educate other project management staff on issues related to 
``aging-in-place'' and services coordination, to help them to work with 
and assist other persons receiving housing assistance through the 
grantee.
    (e) The service coordinator shall tailor each participant's case 
plan to the individual's particular needs. The service coordinator shall 
work with community agencies, the grantee and third party service 
providers to ensure that the services are provided on a regular, 
ongoing, and satisfactory basis, in accordance with the case plan 
approved by the PAC and the participant.
    (f) Service coordinators shall not serve as members of the PAC.



Sec.  1944.258  Professional assessment committee.

    (a) General. (1) A professional assessment committee (PAC), as 
described in this section, shall recommend services appropriate to the 
functional abilities and needs of each eligible project resident. The 
PAC shall be either a voluntary committee appointed by the project 
management or an agency in the community which provides assessment 
services and conforms to section 802(e)(3)(A) and (B). PAC members are 
subject to the conflict of interest provisions in section 1944.175(b).
    (2) The PAC shall utilize procedures that ensure that the process of 
determining eligibility of individuals for congregate services affords 
individuals fair treatment, due process, and a right of appeal of the 
determination of eligibility, and shall ensure the confidentiality of 
personal and medical records.
    (3) The dollar value of PAC members' time spent on regular 
assessments after initial approval of program participants may be 
counted as match. If a community agency discharges the duties of the 
PAC, staff time is counted as its imputed value, and if the members are 
volunteers, their time is counted as volunteer time, according to 
sections 1944.145(c)(2) (ii) and (iv).
    (b) Duties of the PAC. The PAC is required to:
    (1) Perform a formal assessment of each potential elderly program 
participant to determine if the individual is frail. To qualify as 
frail, the PAC must determine if the elderly person is deficient in at 
least three ADLs, as defined in section 1944.105. This assessment shall 
be based upon the screening done by the service coordinator, and shall 
include a review of the adequacy of the informal support network (i.e., 
family and friends available to the potential participant to assist in 
meeting the ADL needs of that individual), and may include a more in-
depth medical evaluation, if necessary;
    (2) Determine if non-elderly disabled individuals qualify under the 
definition of person with disabilities under section 1944.105. If they 
do qualify, this is the acceptance criterion for them for CHSP. Persons 
with disabilities do not require an assessment by the PAC;
    (3) Perform a regular assessment and updating of the case plan of 
all participants;
    (4) Obtain and retain information in participant files, containing 
such information and maintained in such form, as HUD or RHS shall 
require;
    (5) Replace any members of the PAC within 30 days after a member 
resigns. A PAC shall not do formal assessments if its membership drops 
below three, or if the qualified medical professional leaves the PAC and 
has not been replaced.
    (6) Notify the grantee or eligible owner and the program 
participants of any proposed modifications to PAC procedures, and 
provide these parties with a process and reasonable time period in which 
to review and comment, before adoption of a modification;
    (7) Provide assurance of nondiscrimination in selection of CHSP 
participants, with respect to race, religion, color, sex, national 
origin, familial status or type of disability;

[[Page 132]]

    (8) Provide complete confidentiality of information related to any 
individual examined, in accordance with the Privacy Act of 1974;
    (9) Provide all formal information and reports in writing.
    (c) Prohibitions relating to the PAC. (1) At least one PAC member 
shall not have any direct or indirect relationship to the grantee.
    (2) No PAC member may be affiliated with organizations providing 
services under the grant.
    (3) Individuals or staff of third party organizations that act as 
PAC members may not be paid with CHSP grant funds.
    (d) Eligibility and admissions. (1) Before selecting potential 
program participants, each grantee (with PAC assistance) shall develop a 
CHSP application form. The information in the individual's application 
is crucial to the PAC's ability to determine the need for further 
physical or psychological evaluation.
    (2) The PAC, upon completion of a potential program participant's 
initial assessment, must make a recommendation to the service 
coordinator for that individual's acceptance or denial into CHSP.
    (3) Once a program participant is accepted into CHSP, the PAC must 
provide a supportive services case plan for each participant. In 
developing this plan, the PAC must take into consideration the 
participant's needs and wants. The case plan must provide the minimum 
supportive services necessary to maintain independence.
    (e) Transition-out procedures. The grantee or PAC must develop 
procedures for providing for an individual's transition out of CHSP to 
another setting. Transition out is based upon the degree of supportive 
services needed by an individual to continue to live independently. If a 
program participant leaves the program, but wishes to retain supportive 
services, he or she may do so, as long as he or she continues to live in 
an eligible project, pays the full cost of services provided, and 
management agrees (section 802(e)(4) and (5)). A participant can be 
moved out of CHSP if he or she:
    (1) Gains physical and mental health and is able to function without 
supportive services, even if only for a short time (in which case 
readmission, based upon reassessment to determine the degree of frailty 
or the disability, is acceptable);
    (2) Requires a higher level of care than that which can be provided 
under CHSP; or
    (3) Fails to pay services fees.
    (f) Procedural rights of participants. (1) The PAC must provide an 
informal process that recognizes the right to due process of individuals 
receiving assistance. This process, at a minimum, must consist of:
    (i) Serving the participant with a written notice containing a clear 
statement of the reasons for termination;
    (ii) A review of the decision, in which the participant is given the 
opportunity to present written or oral objections before a person other 
than the person (or a subordinate of that person) who made or approved 
the termination decision; and
    (iii) Prompt written notification of the final decision to the 
participant.
    (2) Procedures must ensure that any potential or current program 
participant, at the time of initial or regular assessment, has the 
option of refusing offered services and requesting other supportive 
services as part of the case planning process.
    (3) In situations where an individual requests additional services, 
not initially recommended by the PAC, the PAC must make a determination 
of whether the request is legitimately a needs-based service that can be 
covered under CHSP subsidy. Individuals can pay for services other than 
those recommended by the PAC as long as the additional services do not 
interfere with the efficient operation of the program.



Sec.  1944.259  Participatory agreement.

    (a) Before actual acceptance into CHSP, potential participants must 
work with the PAC and the service coordinator in developing supportive 
services case plans. A participant has the option of accepting any of 
the services under the case plan.
    (b) Once the plan is approved by the PAC and the program 
participant, the participant must sign a participatory agreement 
governing the utilization of

[[Page 133]]

the plan's supportive services and the payment of supportive services 
fees. The grantee annually must renegotiate the agreement with the 
participant.



Sec.  1944.260  Cost distribution.

    (a) General. (1) Grantees, the Secretary concerned, and participants 
shall all contribute to the cost of providing supportive services 
according to section 802(i)(A)(i). Grantees must contribute at least 50 
percent of program cost, participants must contribute fees that in total 
are at least 10 percent of program cost, and the Secretary concerned 
will provide funds in an amount not to exceed 40 percent.
    (2) Section 802(i)(1)(B)(ii) creates a cost-sharing provision 
between grantee and the Secretary concerned if total participant fees 
collected over a year are less than 10 percent of total program cost. 
This provision is subject to availability of appropriated grant funds. 
If funds are not available, the grantee must assume the funding 
shortfall.
    (b) Prohibition on substitution of funds and maintenance of existing 
supportive services. Grantees shall maintain existing funding for and 
provision of supportive services prior to the application date, as set 
forth in section 802(i)(1)(D). The grantee shall ensure that the 
activities provided to the project under a CHSP grant will be in 
addition to, and not in substitution for, these previously existing 
services. The value of these services do not qualify as matching funds. 
Such services must be maintained either for the time the participant 
remains in CHSP, or for the duration of CHSP grant. The grantee shall 
certify compliance with this paragraph to the Secretary concerned.
    (c) Eligible matching funds. (1) All sources of matching funds must 
be directly related to the types of supportive services prescribed by 
the PAC or used for administration of CHSP.
    (2) Matching funds may include:
    (i) Cash (which may include funds from Federal, State and local 
governments, third party contributions, available payments authorized 
under Medicaid for specific individuals in CHSP, Community Development 
Block Grants or Community Services Block Grants, Older American Act 
programs or excess residual funds with the approval of the Secretary 
concerned),
    (ii) The imputed dollar value of other agency or third party-
provided direct services or staff who will work with or provide services 
to program participants; these services must be justified in the 
application to assure that they are the new or expanded services of CHSP 
necessary to keep the program participants independent. If services are 
provided by the state, Indian tribe, unit of general local government, 
or local nonprofit housing sponsor, IHA, PHA, or for-profit or not-for-
profit owner, any salary paid to staff from governmental sources to 
carry out the program of the grantee and any funds paid to residents 
employed by the Program (other than from amounts under a contract under 
section 1944.155) is allowable match.
    (iii) In-kind items (these are limited to 10 percent of the 50 
percent matching amount), such as the current market value of donated 
common or office space, utility costs, furniture, material, supplies, 
equipment and food used in direct provision of services. The applicant 
must provide an explanation for the estimated donated value of any item 
listed.
    (iv) The value of services performed by volunteers to CHSP, at the 
rate of $5.00 an hour.
    (d) Limitation. (1) The following are not eligible for use as 
matching funds:
    (i) PHA operating funds;
    (ii) CHSP funds;
    (iii) Section 8 funds other than excess residual receipts;
    (iv) Funds under section 14 of the U.S. Housing Act of 1937, unless 
used for service coordination or case management; and
    (v) Comprehensive grant funds unless used for service coordination 
or case management;
    (2) Local government contributions are limited by section 
802(i)(1)(E).
    (e) Annual review of match. The Secretary concerned will review the 
infusion of matching funds annually, as part of the program or budget 
review. If there are insufficient matching funds available to meet 
program requirements at any point after grant start-up, or at any time 
during the term of the grant (i.e., if matching funds from

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sources other than program participant fees drop below 50 percent of 
total supportive services cost), the Secretary concerned may decrease 
the federal grant share of supportive services funds accordingly.



Sec.  1944.261  Program participant fees.

    (a) Eligible program participants. The grantee shall establish fees 
consistent with section 1944.145(a). Each program participant shall pay 
CHSP fees as stated in paragraphs (d) and (e) of this section, up to a 
maximum of 20 percent of the program participant's adjusted income. 
Consistent with section 802(d)(7)(A), the Secretary concerned shall 
provide for the waiver of fees for individuals who are without 
sufficient income to provide for any payment.
    (b) Fees shall include: (1) Cash contributions of the program 
participant;
    (2) Food Stamps; and
    (3) Contributions or donations to other eligible programs acceptable 
as matching funds under section 1944.145(c).
    (c) Older Americans Act programs. No fee may be charged for any 
meals or supportive services under CHSP if that service is funded under 
an Older Americans Act Program.
    (d) Meals fees: (1) For full meal services, the fees for residents 
receiving more than one meal per day, seven days per week, shall be 
reasonable and shall equal between 10 and 20 percent of the adjusted 
income of the project resident, or the cost of providing the services, 
whichever is less.
    (2) The fees for residents receiving meal services less frequently 
than as described in paragraph (d)(1) of this section shall be in an 
amount equal to 10 percent of the adjusted income of the project 
resident, or the cost of providing the services, whichever is less.
    (e) Other service fees. The grantee may also establish fees for 
other supportive services so that the total fees collected from all 
participants for meals and other services is at least 10 percent of the 
total cost of CHSP. However, no program participants may be required to 
pay more than 20 percent of their adjusted incomes for any combination 
of services.
    (f) Other residents and nonresidents. Fees shall be established for 
residents of eligible housing projects (other than eligible project 
residents) and for nonresidents who receive meals and other services 
from CHSP under section 1944.125(a). These fees shall be in an amount 
equal to the cost of providing the services.



Sec.  1944.262  Grant agreement and administration.

    (a) General. HUD will enter into grant agreements with grantees, to 
provide congregate services for program participants in eligible housing 
projects, in order to meet the purposes of CHSP.
    (b) Term of grant agreement and reservation of amount. A grant will 
be for a term of five years and the Secretary concerned shall reserve a 
sum equal to the total approved grant amount for each grantee. Grants 
will be renewable at the expiration of a term, subject to the 
availability of funds and conformance with the regulations in this 
subpart, except as otherwise provided in section 1944.160.
    (c) Monitoring of project sites by governmental units. States, 
Indian tribes, and units of general local government with a grant 
covering multiple projects shall monitor, review, and evaluate Program 
performance at each project site for compliance with CHSP regulations 
and procedures, in such manner as prescribed by HUD or RHS.
    (d) Reports. Each grantee shall submit program and fiscal reports 
and program budgets to the Secretary concerned in such form and at such 
times, as the Secretary concerned requires.
    (e) Enforcement. The Secretary concerned will enforce the 
obligations of the grantee under the agreement through such action as 
may be necessary, including terminating grants, recapturing grant funds, 
and imposing sanctions.
    (1) These actions may be taken for:
    (i) A grantee's non-compliance with the grant agreement or HUD or 
RHS regulations;
    (ii) Failure of the grantee to provide supportive services within 12 
months of execution of the grant agreement.
    (2) Sanctions include but are not limited to the following:
    (i) Temporary withholding of reimbursements or extensions or 
renewals under the grant agreement, pending

[[Page 135]]

correction of deficiencies by the grantee;
    (ii) Setting conditions in the contract;
    (iii) Termination of the grant;
    (iv) Substitution of grantee; and
    (v) Any other action deemed necessary by the Secretary concerned.
    (f) Renewal of grants. Subject to the availability of funding, 
satisfactory performance, and compliance with the regulations in this 
subpart:
    (1) Grantees funded initially under this subpart shall be eligible 
to receive continued, non-competitive renewals after the initial five-
year term of the grant.
    (2) Grantees will receive priority funding and grants will be 
renewed within time periods prescribed by the Secretary concerned.
    (g) Use of Grant Funds. If during any year, grantees use less than 
the annual amount of CHSP funds provided to them for that year, the 
excess amount can be carried forward for use in later years.



Sec.  1944.263  Eligibility and priority for 1978 Act recipients.

    Grantees funded initially under 42 U.S.C. 8001 shall be eligible to 
receive continued, non-competitive funding subject to its availability. 
These grantees will be eligible to receive priority funding under this 
subpart if they comply with the regulations in this part and with the 
requirements of any NOFA issued in a particular fiscal year.



Sec.  1944.264  Evaluation of Congregate Housing Services Programs.

    (a) Grantees shall submit annually to the Secretary concerned, a 
report evaluating the impact and effectiveness of CHSPs at the grant 
sites, in such form as the Secretary concerned shall require.
    (b) The Secretaries concerned shall further review and evaluate the 
performance of CHSPs at these sites and shall evaluate the Program as a 
whole.
    (c) Each grantee shall submit a certification with its application, 
agreeing to cooperate with and to provide requested data to the entity 
responsible for the Program's evaluation, if requested to do so by the 
Secretary concerned.



Sec.  1944.265  Reserve for supplemental adjustment.

    The Secretary concerned may reserve funds subject to section 802(o). 
Requests to utilize supplemental funds by the grantee shall be 
transmitted to the Secretary concerned in such form as may be required.



Sec.  1944.266  Other Federal requirements.

    In addition to the Federal Requirements set forth in 24 CFR part 5, 
the following requirements apply to grant recipient organizations in 
this program:
    (a) Office of Management and Budget (OMB) Circulars and 
Administrative Requirements. The policies, guidelines, and requirements 
of OMB Circular No. A-87 and 24 CFR part 85 apply to the acceptance and 
use of assistance under this program by public body grantees. The 
policies, guidelines, and requirements of OMB Circular No. A-122 apply 
to the acceptance and use of assistance under this program by non-profit 
grantees. Grantees are also subject to the audit requirements described 
in 24 CFR part 44 (OMB Circular A-128).
    (b) Conflict of interest. In addition to the conflict of interest 
requirements in OMB Circular A-87 and 24 CFR part 85, no person who is 
an employee, agent, consultant, officer, or elected or appointed 
official of the applicant, and who exercises or has exercised any 
function or responsibilities with respect to activities assisted with 
CHSP grant funds, or who is in a position to participate in a decision-
making process or gain inside information with regard to such 
activities, may obtain a personal or financial interest or benefit from 
the activity, or have an interest in any contract, subcontract, or 
agreement with respect thereto, or any proceeds thereunder, either for 
himself or herself or for those with whom he or she has family or 
business ties during his or her tenure, or for one year thereafter. CHSP 
employees may receive reasonable salary and benefits.
    (c) Disclosures required by Reform Act. Section 102(c) of the HUD 
Reform Act of 1989 (42 U.S.C. 3545(c)) requires disclosure concerning 
other government

[[Page 136]]

assistance to be made available with respect to the Program and parties 
with a pecuniary interest in CHSP and submission of a report on expected 
sources and uses of funds to be made available for CHSP. Each applicant 
shall include information required by 24 CFR part 12 on form HUD-2880 
``Applicant/Recipient Disclosure/Update Report,'' as required by the 
Federal Register Notice published on January 16, 1992, at 57 FR 1942.
    (d) Nondiscrimination and equal opportunity. (1) The fair housing 
poster regulations (24 CFR part 110) and advertising guidelines (24 CFR 
part 109);
    (2) The Affirmative Fair Housing Marketing Program requirements of 
24 CFR part 200, subpart M, and the implementing regulations at 24 CFR 
part 108; and
    (3) Racial and ethnic collection requirements--Recipients must 
maintain current data on the race, ethnicity and gender of program 
applicants and beneficiaries in accordance with section 562 of the 
Housing and Community Development Act of 1987 and section 808(e)(6) of 
the Fair Housing Act.
    (e) Environmental requirements. Support services, including the 
operating and administrative expenses described in section 1944.115(a), 
are categorically excluded from the requirements of the National 
Environmental Policy Act (NEPA) of 1969. These actions, however, are not 
excluded from individual compliance requirements of other environmental 
statutes, Executive Orders, and agency regulations where appropriate. 
When the responsible official determines that any action under this 
subpart may have an environmental effect because of extraordinary 
circumstances, the requirements of NEPA shall apply.

Subparts G-H [Reserved]



             Subpart I_Self-Help Technical Assistance Grants

    Source: 55 FR 41833, Oct. 16, 1990, unless otherwise noted.



Sec.  1944.401  Objective.

    This subpart sets forth the policies and procedures and delegates 
authority for providing Technical Assistance (TA) funds to eligible 
applicants to finance programs of technical and supervisory assistance 
for self-help housing, as authorized under section 523 of the Housing 
Act of 1949. Any processing or servicing activity conducted pursuant to 
this subpart involving authorized assistance to Rural Development 
employees, members of their families, known close relatives, or business 
or close personal associates, is subject to the provisions of subpart D 
of part 1900 of this chapter. Applicants for this assistance are 
required to identify any known relationship or association with a Rural 
Development employee. This financial assistance may pay part or all of 
the cost of developing, administering, or coordinating programs of 
technical and supervisory assistance to aid needy very low- and low-
income families in carrying out self-help housing efforts in rural 
areas. Very low-income families must receive a priority for recruitment 
and participation and may not comprise less than the percentage stated 
in subpart L of part 1940 of this chapter of those assisted in any 
grant. The primary purpose is to fund organizations that are willing to 
locate and work with families that otherwise do not qualify as 
homeowners. Generally, these are families below 50 percent of median 
incomes, living in substandard housing, and/or lacking the skills to be 
good homeowners. Grantees will comply with the nondiscrimination 
regulation subpart E of part 1901 of this chapter which states that no 
person in the United States shall, on the grounds of race, color, 
national origin, sex, religion, marital status, mental or physical 
handicap, or age, be excluded from participating in, be denied the 
benefits of, or be subject to discrimination in connection with the use 
of grant funds and all provisions of the Fair Housing Act of 1988.

[55 FR 41833, Oct. 16, 1990, as amended at 58 FR 227, Jan. 5, 1993]



Sec.  1944.402  Grant purposes.

    Rural Development may contract or make a grant to an organization 
to:
    (a) Give technical and supervisory assistance to eligible very low- 
and low-income families as defined in Appendix 9 of HB-1-3550 (available 
in any Rural

[[Page 137]]

Development office), in carrying out self-help housing efforts.
    (b) Assist other organizations to provide technical and supervisory 
assistance to eligible families.
    (c) Develop a final application, recruit families and related 
activities necessary to participate under paragraph (a) of this section.

[55 FR 41833, Oct. 16, 1990, as amended at 67 FR 78328, Dec. 24, 2002]



Sec.  1944.403  Definitions.

    (a) Agreement. The Self-Help Technical Assistance Agreement, which 
is a document signed by Rural Development and the grantee, sets forth 
the terms and conditions under which TA funds will be made available. 
(Exhibit A of this subpart).
    (b) Agreement period (or grant period). The period of time for which 
an agreement is in force. Generally, the period will not exceed 24 
months.
    (c) Date of completion. The date when all work under a grant is 
completed or the date in the TA grant agreement, or any supplement or 
amendment to it, when Federal assistance ends.
    (d) Direct costs. Those costs that are specifically identified with 
a particular project or activity. Grantees receiving funds from a single 
grant source would consider all costs as direct costs.
    (e) Disallowed costs. Those charges to a grant which Rural 
Development determines cannot be authorized.
    (f) Equivalent units. Equivalent units represent the ``theoretical 
number of units'' arrived at by adding the equivalent percentage of 
completion figure for each family in the self-help program (pre-
construction and actual construction) together at any given date during 
program operations. The sum of the percentage of completion figures for 
all participant families represent the total number of ``theoretical 
units'' completed at any point in time. Equivalent units are useful in 
measuring progress during the period of the grant and are not a 
measurement of actual accomplishments. The number of equivalent units 
for any group can never exceed the number of planned or completed houses 
for that group.
    (g) Equivalent value of a modest house. The equivalent value of a 
modest house is the typical cost of a recent contractor-built Rural 
Development financed home in the area plus the actual or projected costs 
of an acceptable site and site development. If Rural Development has not 
financed a contractor-built house during the last twelve months, the 
value will be established by use of the Marshall and Swift cost handbook 
or a similar type of handbook. Equivalent value of a modest house is 
established by Rural Development.
    (h) Indirect costs. Those costs that are incurred for common or 
joint objectives and therefore, cannot be readily and specifically 
identified with a particular project or activity, e.g., self-help.
    (i) Mutual self-help. The construction method by which participating 
families organized in groups generally of 4 to 10 families utilize their 
own labor to reduce the total construction cost of their homes. 
Participating families complete construction work on their homes by an 
exchange of labor with one another. The mutual self-help method must be 
used for new construction.
    (j) Organization. (1) A State, political subdivision, or public 
nonprofit corporation (including Indian tribes or Tribal corporations); 
or
    (2) A private nonprofit corporation that is owned and controlled by 
private persons or interests and is organized and operated for purposes 
other than making gains or profits for the corporation and is legally 
precluded from distributing any gains or profits to its members.
    (k) Participating family. Individuals and/or their families who 
agree to build homes by the mutual self-help method and rehabilitate 
homes by the self-help method. Participants are families with very low- 
or low-incomes who have the ability to furnish their share of the 
required labor input regardless of the handicap, age, race, color, 
national origin, religion, family status, or sex of the head of 
household. The participating family must be approved for a section 502 
RH loan or similar loans from other Federal, state, and private lenders 
that uses income guidelines substantially similar to the Department of 
Housing and Urban Development before the start of construction,

[[Page 138]]

have sufficient time available to assist in building their own homes, 
and show a desire to work with other families. Each family in the group 
must contribute labor on each other's homes to accomplish the 65 percent 
of the total 100 percent of tasks listed in exhibit B-2 of this subpart. 
A participating family may use a substitute to perform the labor with 
prior approval of the Grantee and the Rural Development State Director. 
A substitute is only permitted when the participating family is 
incapacitated.
    (l) Self-help. The construction method by which an individual family 
utilizes their labor to reduce the construction cost of their home 
without an exchange of labor between participating families. Unless 
otherwise authorized by the District Director, this method is only 
funded for repair and rehabilitation type construction.
    (m) Sponsor. An existing entity that is willing and able to assist 
an applicant, with or without charge, in applying for a grant and in 
carrying out responsibilities under the agreement. Examples of sponsors 
are local rural electric cooperatives, institutions of higher education, 
community action agencies and other self-help grantees. Also, when 
available, regional technical and management assistance contractors may 
qualify to serve as a sponsor at no charge.
    (n) Technical assistance. The organizing and supervising of groups 
of families in the construction of their own homes including:
    (1) Recruiting families who are interested in sharing labor in the 
construction of each other's homes and assisting such families in 
obtaining housing loans.
    (2) Conducting meetings of the families to explain the self-help 
program and subjects related to home ownership, such as loan payments, 
taxes, insurance, maintenance, and upkeep of the property.
    (3) Helping families in planning and developing activities that lead 
to the acquisition and development of suitable building sites.
    (4) Assisting families in selecting or developing house plans for 
homes which will meet their needs and which they can afford.
    (5) Assisting families in obtaining cost estimates for construction 
materials and any contracting that may be required.
    (6) Providing assistance in the preparation of loan applications.
    (7) Providing construction supervision and training for families 
while they construct their homes.
    (8) Providing financial supervision to individual families with 
section 502 Rural Housing (RH) loans which will minimize the time and 
effort required by Rural Development in processing borrower expenditures 
for materials and contract services.
    (9) Assisting families in solving other housing problems.
    (o) Termination of a grant. The cancellation of Federal assistance, 
in whole or in part, at any time before the date of completion.



Sec.  1944.404  Eligibility.

    To receive a grant, the applicant must:
    (a) Be an organization as defined in Sec.  1944.403(j) of this 
subpart.
    (b) Have the financial, legal, administrative, and actual capacity 
to assume and carry out the responsibilities imposed by the Agreement. 
To meet the requirement of actual capacity it must either:
    (1) Have necessary background and experience with proven ability to 
perform responsibly in the field of mutual self-help or other business 
management or administrative ventures which indicate an ability to 
perform responsibility in the field of mutual self-help; or
    (2) Be sponsored by an organization with background experience, and 
ability, which agrees in writing to help the applicant to carry out its 
responsibilities.
    (c) Legally obligate itself to administer TA funds, provide adequate 
accounting of the expenditure of such funds, and comply with the 
Agreement and Rural Development regulations.
    (d) If the organization is a private nonprofit corporation, be a 
corporation that:
    (1) Is organized under State and local laws.
    (2) Is qualified under section 501(c)(3) of the Internal Revenue 
Code of 1986.

[[Page 139]]

    (3) Has as one of its purposes the production of affordable housing.
    (4) Has a Board of Directors which consist of not less than five.



Sec.  1944.405  Authorized use of grant funds.

    (a) Payment of salaries of personnel as authorized in the Agreement.
    (b) Payment of necessary and reasonable office expenses such as 
office rental, office utilities, and office equipment rental. The 
purchase of office equipment is permissible when the grantee determines 
it to be more economical than renting. As a general rule, these types of 
expenses would be classified as indirect costs in multiple funded 
organizations.
    (c) Purchase of office supplies such as paper, pens, pencils, and 
trade magazines.
    (d) Payment of necessary employee benefit costs including but not 
limited to items such as Worker's Compensation, employer's share of 
social security, health benefits, and a reasonable tax deferred pension 
plan for permanent employees.
    (e) Purchase, lease, or maintenance of power or specialty tools such 
as a power saw, electric drill, sabre saw, ladders, and scaffolds, which 
are needed by the participating families. The participating families, 
however, are expected to provide their own hand tools such as hammers 
and handsaws.
    (f) Payment of liability insurance and special purpose audit costs 
associated with self-help activities. These would be considered direct 
costs, even though the grantee's general liability insurance cost and 
the cost of audits for the organization are generally indirect costs.
    (g) Payment of reasonable fees for training of grantee personnel 
including board members. This may include the cost of travel and per 
diem to attend in or out-of-State training as authorized by the board of 
directors and, when necessary, for the employee to do the current job. 
These costs are generally direct costs.
    (h) Payment of services rendered by a sponsor or other organization 
after the grant is closed and when it is determined the sponsor can 
provide the necessary services which will result in an overall reduction 
in the cost of assistance. Typically, this will be limited to new 
grantees and an existing grantee for the period of time that its size or 
activity does not justify a full staff. A full staff is a full or part-
time director, project worker, secretary-bookkeeper, and a construction 
supervisor. This type of cost is generally direct.
    (i) Payment of certain consulting and legal costs required in the 
administration of the grant if such service is not available without 
cost. This does not include legal expenses for claims against the 
Federal Government. (Legal costs that may be incurred by the 
organization for the benefit of the participating families may be paid 
with prior approval of the State Director).
    (j) Payments of the cost of an accountant to set up an accounting 
system and perform audits that may be required. Generally, these costs 
are indirect.
    (k) Payments of reasonable expenses of board members for attending 
regular or special board meetings. These costs are indirect.



Sec.  1944.406  Prohibited use of grant funds.

    (a) Hiring personnel specifically for the purpose of performing any 
of the construction work for participating families in the self-help 
projects.
    (b) Buying real estate or building materials or other property of 
any kind for participating families.
    (c) Paying any debts, expenses, or costs which should be the 
responsibility of the participating families in the self-help projects.
    (d) Paying for training of an employee as authorized by 2 CFR part 
200 as adopted by USDA through 2 CFR part 400.
    (e) Paying costs other than approved indirect (including salaries) 
that are not directly related to helping very low- and low-income 
families obtain housing consistent with the objectives of this program.

[55 FR 41833, Oct. 16, 1990, as amended at 79 FR 76009, Dec. 19, 2014]



Sec.  1944.407  Limitations.

    The amount of the TA grant depends on the experience and capability 
of the

[[Page 140]]

applicant and must be justified based on the number of families to be 
assisted. As a guide, the maximum grant amounts for any grant period 
will be limited to:
    (a) An average TA cost per equivalent unit of no more than 15 
percent of the cost of equivalent value of modest homes built in the 
area. (Upon request, the County Supervisor will provide the grantee the 
average cost of modest homes for the area); or
    (b) An average TA cost per equivalent unit that does not exceed the 
difference between the equivalent value of modest homes in the area and 
the average mortgage of the participating families minus $1,000; or
    (c) A TA per equivalent unit cost that does not exceed an amount 
established by the State Director. The State Director may authorize a 
greater TA cost than paragraph (a) or (b) of this section when needed to 
accomplish a particular objective, such as requiring the grantee to 
serve very low-income families, remote areas, or similar situations; or
    (d) A negotiated amount for repair and rehabilitation type 
proposals. At a minimum, applicants applying for repair and 
rehabilitation grants must include information on the proximity of the 
houses in a project, the typical needed repairs, and the cost savings 
between self-help and contractor rehabilitation and repair.

[55 FR 41833, Oct. 16, 1990; 56 FR 19253, Apr. 26, 1991]



Sec.  1944.408  [Reserved]



Sec.  1944.409  Executive Order 12372.

    The self-help program is subject to the provision of Executive Order 
12372 which requires intergovernmental consultation with State and local 
officials. These requirements are set forth in U. S. Department of 
Agriculture regulations 7 CFR 3015, subpart V and RD Instruction 1970-I, 
`Intergovernmental Review,' available in any Agency office or on the 
Agency's Web site, new applicants for the self-help program must submit 
their Statement of Activities to the State single point of contact prior 
to submitting their preapplication to Agency. The name of the point of 
contact is available from the State Office.

[55 FR 41833, Oct. 16, 1990, as amended at 61 FR 39851, July 31, 1996; 
76 FR 80730, Dec. 27, 2011]



Sec.  1944.410  Processing preapplications, applications, and completing 
grant dockets.

    (a) Form SF-424, ``Application for Federal Assistance.'' Form SF-424 
in an original and one copy must be submitted by the applicant to the 
District Director. It will be used to establish communication between 
the applicant and RHS, determine the applicant's eligibility, determine 
how well the project can compete with similar applications from other 
organizations and eliminate any proposals which have little or no chance 
for Federal funding before applicants incur significant expenditures for 
preparing an application. In addition, the following information will be 
attached to and become a part of the preapplication:
    (1) Complete information about the applicant's previous experience 
and capacity to carry out the objective of the agreement.
    (2) If the applicant organization is already formed, a copy of or an 
accurate reference to the specific provisions of State law under which 
the applicant is organized; a certified copy of the applicant's Articles 
of Incorporation and Bylaws or other evidence of corporate existence; 
certificate of incorporation for other than public bodies; evidence of 
good standing from the State when the corporation has been in existence 
1 year or more; the names and addresses of the applicant's members, 
directors, and officers; and, if another organization is a member of the 
applicant-organization, its name, address, and principal business. If 
the applicant is not already formed, attach copies of the proposed 
organizational documents demonstrating compliance with Sec.  1944.404(d) 
of this subpart.
    (3) A current (no more than 12 months old) dated and signed 
financial statement showing the amounts and specific nature of assets 
and liabilities together with information on the repayment schedule and 
status of any debt owed by the applicant. If the applicant is being 
sponsored by another

[[Page 141]]

organization, the same type of financial statement also must be provided 
by the applicant's sponsor.
    (4) A narrative statement which includes information about the 
amount of the grant funds being requested, area(s) to be served, need 
for self-help housing in the area(s), the number of self-help units 
proposed to be built, rehabilitated or repaired during the agreement 
period, housing conditions of low-income families in the area and 
reasons why families need self-help assistance. Evidence should be 
provided that the communities support the activity and that there are 
low-income families willing to contribute their labor in order to obtain 
adequate housing. Evidence of community support may be letters of 
support from local officials, individuals and community organizations. 
The pre-application may contain information such as census materials, 
local planning studies, surveys, or other readily available information 
which indicates a need in the area for housing of the type and cost to 
be provided by the proposed self-help TA program.
    (5) A plan of how the organization proposes to reach very low-income 
families living in houses that are deteriorated, dilapidated, 
overcrowded, and/or lacking plumbing facilities.
    (6) A proposed budget which will be prepared on SF-424A, ``Budget 
Information (Non-Construction Programs)'' will be completed to address 
applicable assurances as outlined in 2 CFR part 200 as adopted by USDA 
through 2 CFR part 400. State and local Government will include an 
assurance that the grantee shall comply with all applicable Federal 
statutes and regulations in effect with respect to the periods for which 
it receives grant funding. The State and local governments shall also 
comply with 2 CFR part 200 as adopted by USDA through 2 CFR part 400.
    (7) A preliminary survey as to the availability of lots and 
projected cost of the sites.
    (8) A list of other activities the applicant is engaged in and 
expects to continue, and a statement as to other sources of funding and 
whether it will have sufficient funds to assure continued operation of 
the other activities for at least the period of the agreement. If multi-
funded, its cost allocation plan or indirect cost rate must be part of 
the pre-application.
    (9) Whether assistance under paragraph (d) of this section is 
requested and a brief narrative identifying the need, amount of funds 
needed, and projected time period.
    (10) If a project is planned for five or more housing lots or units, 
an Affirmative Fair Marketing Plan is required. The plan will be in 
effect until the completion of the project.
    (b) Preapplication review. (1) The District Director, within 30 days 
of receipt of the preapplication, Form SF-424, and all other required 
information and material will complete a thorough review for 
completeness, accuracy, and conformance to program policy and 
regulations. Incomplete preapplications will be returned to the 
applicant for completion. The applicant should be given the name of the 
regional technical assistance contractor. The County Supervisor in the 
prospective county will be contacted as to the need for the program in 
the proposed area and if the necessary resources are available to the 
grantee. This will include a discussion of the number of 502 and 504 
units that will need to be committed to the grantee and the potential 
work impact on the office during the grant period. If it is determined 
that the County Office lacks the resources (either personnel or funds) 
to process all loan requests in a timely manner, the District Director 
must communicate this need to the State Director along with a 
recommended solution. (Lack of resources at the county level are not 
grounds to deny a request). After the District Director has determined 
that the preapplication is complete and accurate, the District Director 
will assemble the material in an applicant case file and forward it to 
the State Director. The case file, as a minimum, must contain the 
following:
    (i) Form SF-424,
    (ii) Documentation required in accordance with 7 CFR part 1970.
    (iii) Eligibility recommendations, and
    (iv) HUD Form 935.2 ``Affirmative Fair Housing Marketing Plan'', if 
applicable.

[[Page 142]]

    (2) The State Director may, if needed, submit the organizational 
documents with any comments or questions to the Office of General 
Counsel (OGC) for a preliminary opinion as to whether the applicant is 
or will be a legal organization of the type required by these 
regulations and for advice on any other aspects of the preapplication.
    (3) The State Director, if unable to determine eligibility or 
qualifications with the advice of the OGC, may submit the preapplication 
to the National Office for review. The preapplication will contain all 
memoranda from OGC giving the results of its review. The State Director 
will identify in the transmittal memorandum to the National Office the 
specific problem and will recommend possible solutions and any 
information about the applicant which would be helpful to the National 
Office in reaching a decision.
    (4) After an eligibility determination has been made, which should 
be completed within 30 days unless OGC is involved, the State Director 
will:
    (i) If the applicant is eligible, contact the National Office as to 
the availability of funds or submit the proposal to the National Office 
for authorization if the requested amount exceeds the State Director's 
approval authority. If funds are available, the final review officer, 
either the State Director or the Assistant Administrator, Housing will 
issue a letter of conditions that the applicant must meet and direct the 
District Director to issue Form AD-622, ``Notice of Preapplication 
Review Action.''
    (ii) If the applicant is determined not eligible, the State Director 
will direct the District Director to issue Form AD-622.
    (c) Form AD-622, ``Notice of Preapplication Review Action.'' (1) If 
the applicant is eligible and after the State Director has returned the 
pre-application information and, as appropriate, the environmental 
review documentation required in 7 CFR part 1970 to the Area Office, the 
Area Director will, within 10 days, prepare and issue Form AD-622. The 
original Form AD-622 will be signed and delivered to the applicant along 
with the letter of conditions, a copy to the applicant's case file, a 
copy to the County Supervisor, and a copy to the State Director.
    (2) If the applicant is not eligible and after the State Director 
has returned the preapplication information, the District Director will 
within 5 days notify the applicant on Form AD-622. The notification will 
inform the applicant that an appeal of the decision may be made to the 
National Appeals Staff under subpart B of part 1900 of this chapter.
    (3) If the applicant is eligible and no grant or loan funds are 
available, the State Director will return the preapplication information 
to the District Director who will, within 10 days, notify the applicant 
on Form AD-622. The notification will explain the facts concerning the 
lack of funding and that Rural Development will notify them when funding 
will be available. This is not an appealable decision.
    (d) Self-help technical assistance grant predevelopment agreement. 
If the grantee requested predevelopment assistance and the State 
Director determines that the applicant lacks the financial resources to 
meet the conditions of grant approval, a grant of up to $10,000 and for 
up to six months will be made in order for the applicant to provide what 
is required by paragraph (e) of this section. Exhibit D of this subpart 
will be used for this purpose. Existing grantees proposing to operate in 
an area different from the area that they are currently funded to 
operate are eligible for this grant. However, this grant is available 
only once for a defined area. This grant is available only after the 
letter of conditions has been issued. Denial of this assistance is an 
appealable decision under subpart B of part 1900 of this chapter.
    (e) Form SF-424, ``Application for Federal Assistance.'' The 
applicant will submit Form SF-424 in an original and one copy to the 
District Director. The application should provide a detailed proposal of 
its goals including:
    (1) Names, addresses, number in household, and total annual 
household income of families who have been contacted by the applicant 
and are interested in participating in a self-help housing project. 
Community organizations including minority organizations

[[Page 143]]

may be used as a source of names of people interested in self-help 
housing.
    (2) Proof that the first group of prospective participating self-
help families have qualified for financial assistance.
    (3) Evidence that lots are optioned by the prospective participating 
self-help families for the first group. Evidence that lots are available 
for the remaining groups.
    (4) Detailed cost estimates of houses to be built by the mutual 
self-help method. Plans and specifications should be submitted with the 
cost estimates.
    (5) Proposed staffing need, including qualifications, experience, 
proposed hiring schedule, and availability of any prospective employees.
    (6) Name, address, and official position of the applicant's 
representative or representatives authorized to act for the applicant 
and work with Rural Development.
    (7) Budget information including a detailed budget for the Agreement 
period based upon the needs outlined in the proposal. SF 424A will be 
completed to furnish the budget information.
    (8) Indirect or direct cost policy and proposed indirect cost rate 
developed in accordance with 2 CFR part 200 as adopted by USDA through 2 
CFR part 400.
    (9) Personnel procedures and practices that will be established or 
are in existence. Forms to be used should be submitted with the 
application.
    (10) A proposed monthly activities schedule showing the proposed 
dates for starting and completing the recruitment, loan processing and 
construction phases for each group of participant families.

[55 FR 41833, Oct. 16, 1990, as amended at 61 FR 39851, July 31, 1996; 
79 FR 76009, Dec. 19, 2014; 81 FR 11031, Mar. 2, 2016]



Sec.  1944.411  Conditions for approving a grant.

    A grant may be approved for an eligible applicant when the 
conditions in the letter of conditions are met and the following 
conditions are present:
    (a) The applicant has or can hire, or contract directly or 
indirectly with, qualified people to carry out its responsibilities in 
administering the grant.
    (b) The applicant has met all of the conditions listed in Sec.  
1944.410(e) of this subpart.
    (c) The grantee furnishes a signed statement that it complies with 
the requirements of the Departmental Regulations found in 2 CFR part 200 
as adopted by USDA through 2 CFR part 400.
    (d) A resolution has been adopted by the board of directors which 
authorizes the appropriate officer to execute exhibit A of this subpart 
and Form RD 400-4, ``Assurance Agreement.''
    (e) The grantee has fidelity bonding as covered in 2 CFR part 200 as 
adopted by USDA through 2 CFR part 400 if a nonprofit organization or, 
if a State or local government, to the extent required in 2 CFR part 200 
as adopted by USDA through 2 CFR part 400.
    (f) The grantee has agreed by completing SF-424B, ``Assurances-Non 
Construction Programs,'' that it will establish a recordkeeping system 
that is certifiable by a certified public accountant that it adequately 
meets the Agreement.
    (g) The grantee has established an interest bearing checking account 
on which at least two bonded officials will sign all checks issued and 
understands that interest earned in excess of $250.00 annually must be 
submitted to Rural Development quarterly. (The use of minority 
depository institutions is encouraged.)
    (h) The grantee has developed an agreement to be executed by the 
grantee and the self-help participants which clearly sets forth what is 
expected of each and has incorporated exhibit B-2 of this subpart which 
clearly shows what work is expected of the participating family.

[55 FR 41833, Oct. 16, 1990; 56 FR 19253, Apr. 26, 1991; 79 FR 76010, 
Dec. 19, 2014]



Sec.  1944.412  Docket preparation.

    When the application and all items required for the complete docket 
have been received, the District Director will thoroughly examine it to 
insure the application has been properly and accurately prepared and 
that it includes the required dates and signatures. The docket items 
will be assembled and distributed by the District Director in the 
following order:

[[Page 144]]



----------------------------------------------------------------------------------------------------------------
                                                  Total No.  Signed by    No. for agreement
       Form No.         Name of form or document  of copies  applicant         docket         Copy for applicant
----------------------------------------------------------------------------------------------------------------
SF-424................  Application for Federal       3          1      1-O and 1C            1-C
                         Assistance.
AD-622................  Notice of Preapplication      2      .........  1-C                   1-O
                         Review Action.
RD 1940-1.............  Request for Obligation        4          2      3-O and 2C            1-C
                         of Funds.
RD 400-4..............  Assurance Agreement.....      2          1      1-O                   1-C
                        HUD Form 935.2,               3          1      1-O and 1C            1-C
                         Affirmative Fair
                         Housing Marketing Plan.
                        Certified Copy                1          1      1-O                   -
                         Authorizing Resolution.
                        Self-Help Technical           2          1      1-O                   1-C
                         Assistance Grant
                         Agreement (Exhibit A).
                        Any Personnel Forms to        2      .........  1-O                   1-C
                         be used.
----------------------------------------------------------------------------------------------------------------
O = Original.
C = Copy.



Sec.  1944.413  Grant approval.

    (a) Approval of grant. Within 30 days of the grantee meeting the 
conditions of Sec.  1944.411 of this subpart or, if applicable, signing 
exhibit D, the approving official will:
    (1) Execute and distribute Form RD 1940-1 in accordance with the 
Forms Manual Insert (FMI).
    (2) After the Finance Office acknowledges that funds are obligated, 
request an initial advance of funds on Form RD 440-57, ``Acknowledgment 
of Obligated Funds/Check Request,'' in accordance with the FMI. The 
amount of this request should cover the applicant's needs for the 
remainder of the month in which the grant is closed plus the next month. 
Subsequent advances will cover only a one-month period.
    (b) Cancellation of an approved grant. An approved grant may be 
canceled before closing if the applicant is no longer eligible, the 
proposal is no longer feasible, or the applicant requests cancellation. 
Cancellation will be accomplished as follows:
    (1) The District Director will prepare Form RD 1940-10, 
``Cancellation of U.S. Treasury Check and/or Obligation,'' according to 
the FMI and send it to the State Director with the reasons for 
cancellation. If the State Director approves the request, Form RD 1940-
10 will be returned to the District Office for processing in accordance 
with the FMI.
    (2) The District Director will notify the applicant of the 
cancellation and the right to appeal under subpart B of part 1900 of 
this chapter. If the applicant requested the cancellation, no appeal 
rights are provided, but the applicant will still be notified of the 
cancellation.
    (c) Disapproval of grant. If a grant is disapproved after the docket 
has been developed, the approving official will state the reason on the 
original Form RD 1940-1, or in a memorandum to the District Director. 
The District Director will notify the applicant in writing of the 
disapproval and the reason for disapproval. Also, the notification will 
inform the applicant of its appeal rights under subpart B of part 1900 
of this chapter.



Sec.  1944.414  [Reserved]



Sec.  1944.415  Grant approval and other approving authorities.

    (a) The State Director is authorized to approve or disapprove TA 
grants under this subpart. For a grant in excess of $300,000, or in the 
case of a grant amendment when the amount of the grant plus any 
unexpended funds from a previous grant will exceed $400,000, prior 
written consent of the National Office is required. In such cases, the 
docket, along with the State Director's recommendations, must be 
submitted to the National Office for review.
    (b) The State Director may approve a grant not to exceed $10,000 to 
an eligible organization under Sec.  1944.410(d) of this subpart. The 
grant must be limited to 6 months and funds must be used for the 
development of the final application, family recruitment, and related 
activities as explained in Sec.  1944.410(e) of this subpart. The amount 
of this grant will not be included in figuring TA cost per units.
    (c) The authority to contract for services is limited to the 
Administrator of Rural Development.
    (d) Monthly expenditures of the grantee will normally be approved by 
the District Director unless:

[[Page 145]]

    (1) The grantee operates in only one county, in which case the 
authority may be delegated to the County Supervisor.
    (2) The grantee operates in more than one Rural Development 
District, in which case the State Director will designate the approving 
official.
    (3) The grantee operates in more than one State Director's 
jurisdiction, in which case the Administrator will designate the 
approving official.
    (4) The expenditure is under contract authority, in which case the 
Contracting Official Representative will approve the monthly 
expenditure.



Sec.  1944.416  Grant closing.

    The grant is closed on the date the Agreement is executed as defined 
in Sec.  1944.403(a) by the applicant and the Government. Funds may not 
be advanced prior to the signing of the Agreement. The District Director 
or Assistant District Director are authorized to execute the Agreement 
for Rural Development. Person(s) authorized by resolution may sign for 
the applicant.



Sec.  1944.417  Servicing actions after grant closing.

    Rural Development has a responsibility to help the grantee be 
successful and help the grantee avoid cases of fraud and abuse. 
Servicing actions also include correlating activities between the 
grantee and Rural Development to the benefit of the participating 
families. The amount of servicing actions needed will vary in accordance 
with the experience of the grantee, but as minimum the following actions 
are required:
    (a) Monthly, the grantee will provide the District Director with a 
request for additional funds on Form SF-270, ``Request for Advance or 
Reimbursement.'' This request need only show the amount of funds used 
during the previous month, amount of unspent funds, projected need for 
the next 30 days, and written justification if the request exceeds the 
projected need for the next 30 days. This request must be in the 
District Director's office fifteen days prior to the beginning of the 
month. Upon receipt of the grantee's request, the District Director 
will:
    (1) If the request appears to be in order, process Form RD 440-57 so 
that delivery of the check will be possible on the first of the next 
month.
    (2) If the request does not appear to be in order, immediately 
contact the grantee to resolve the problem. After the contact:
    (i) If the explanation is acceptable, process Form RD 440-57 so 
delivery may be possible by the first of the next month, or
    (ii) If the explanation is not acceptable, immediately notify the 
grantee and request the amount of funds that appear reasonable for the 
next 30 days on Form RD 440-57, so that delivery may be possible by the 
first of the next month. Unapproved funds that are later approved will 
be added to the next month's request.
    (b) Quarterly, the grantee will submit exhibit B of this subpart in 
an original and three copies to the County Supervisor on or before 
January 15, April 15, July 15, and October 15 which will verify its 
progress toward meeting the objectives stated in the Agreement and the 
application. The County Supervisor will immediately complete the County 
Office review part and forward the report to the District Office. After 
exhibit B is received in the District Office, a meeting should be 
scheduled between the grantee, District Director, and the County 
supervisor since this is an opportune time for both the grantee and 
Rural Development to review progress to date and make necessary 
adjustments for the future. This meeting is required if the grantee was 
previously identified as a problem grantee or will be identified as a 
problem grantee at this time. Regardless of whether a meeting will be 
held, the following will be done:
    (1) Exhibit B and other information will be evaluated to determine 
progress made to date. The District Director will comment on exhibit B 
as to whether the grantee is ahead or behind schedule in each of the 
following areas:
    (i) Assisting the projected number of families.
    (ii) Serving very low-income applicants. Is the grantee reaching a 
minimum of very low-income families as required in exhibit A, attachment 
2 to subpart L of

[[Page 146]]

part 1940 of this chapter (available in any Rural Development office).
    (iii) Equivalent units (EUs). Is the number of EUs completed 
representative of lapse in time of the grant? For example, if 25 percent 
of the grant period has elapsed, are 25 percent of the number of EUs 
completed?
    (iv) Labor contributions by the family. Are the families working 
together and are they completing the labor tasks as established on 
exhibit B-2?
    (2) The District Director will submit exhibit B to the State 
Director who will evaluate the quarterly report along with the District 
Director's comments. If the State Director determines the grantee is 
progressing satisfactorily, the State Director will sign and forward 
exhibit B to the National Office. However, if the State Director 
determines the grantee is not performing as expected, the State Director 
will notify the grantee that it has been classified a ``High Risk'' 
grantee. The notice will specify the deficiencies and inform the grantee 
of proposed remedies for noncompliance. The notice will advise the 
grantee that Rural Development is available to assist and provide the 
name and address of an organization that is under contract with Rural 
Development to assist them. The State Director will forward a copy of 
exhibit B, District Directors comments, and the reasons for classifying 
them as ``High Risk'' to the National Office, Single Family Housing, 
Special Programs Branch. When the period of time provided for corrective 
action has expired, an assessment will be made of the progress by the 
grantee toward correcting the situation. If the State Director 
determines:
    (i) The situation has been corrected or reasonable progress has been 
made toward correcting the situation, the ``High Risk'' status will be 
lifted and the grantee so notified.
    (ii) The situation has not been corrected but it is correctable if 
additional time is granted, an extension will be issued.
    (iii) The situation has not been corrected and it is unlikely to be 
corrected if given additional time, the grant will be terminated under 
Sec.  1944.426(b)(1) of this subpart.

[55 FR 41833, Oct. 16, 1990; 56 FR 19253, Apr. 26, 1991]



Sec.  1944.418  [Reserved]



Sec.  1944.419  Final grantee evaluation.

    Near the end of the grant period but prior to the last month, an 
evaluation of the grantee will be conducted by Rural Development. The 
State Director may use Rural Development employees or an organization 
under contract to Rural Development to provide the evaluation. The 
evaluation is to determine how successful the grantee was in meeting 
goals and objectives as defined in the agreement, application, this 
regulation, and any amendments.
    (a) This is a quantitative evaluation of the grantee to determine if 
it met its goals in:
    (1) Assisting the project number of families in obtaining adequate 
housing.
    (2) Meeting the goal of assisting very low-income families.
    (3) Meeting the family labor requirement in Sec.  1944.411(h) and 
exhibit B-2 of this subpart.
    (4) Keeping costs within the guides set in Sec.  1944.407.
    (5) Meeting order objectives in the Agreement.
    (b) The evaluation is a narrative addressed to the State Director 
with a copy of the National Office, Single Family Housing Processing 
Division. It will be in 3 parts, namely; findings, recommendations, and 
an overall rating. The rating will be either unacceptable, acceptable, 
or outstanding, as follows:
    (1) Outstanding if the grantee met or exceeded all of the goals in 
paragraph (a) of this section.
    (2) Acceptable if the grantee met or exceeded all of the goals as 
defined in paragraph (a) except two.
    (3) Unacceptable if the grantee failed to obtain an acceptable 
rating.
    (c) After the State Director has reviewed the evaluation, a copy 
will be mailed to the grantee. The grantee may request a review of the 
evaluation with the District Director. This review is for clarification 
of the material and to dispute the findings if they are known to be 
wrong. The rating is not

[[Page 147]]

open for discussion except to the extent it can be proven that the 
findings do not support the rating. If this is the case, the District 
Director will file an amendment to the State Director.



Sec.  1944.420  Extension or revision of the grant agreement.

    The State Director may authorize the District Director to execute on 
behalf of the Government, exhibit C of this subpart, at any time during 
the grant period provided:
    (a) The extension period is for no more than one year from the final 
date of the existing Agreement.
    (b) The need for the extension is clearly justified.
    (c) If additional funds are needed, a revised budget is submitted 
with complete justification, and
    (d) The grantee is within the guidelines in Sec.  1944.407 of this 
subpart or the State Director determines that the best interest of the 
Government will be served by the extension.



Sec.  1944.421  Refunding of an existing grantee.

    Grantees wishing to continue with self-help efforts after the end of 
the current grant plus any extensions should file Form SF-424, in 
accordance with Sec.  1944.410(e). It is recommended that it be filed at 
least 6 months before the end of the current grant period. Funds from 
the existing grant may be used to meet the conditions of a new grant to 
serve the same or redefined geographic area. If the grantee is targeting 
a different geographic area, a new preapplication must be submitted in 
accordance with Sec.  1944.410 and the grantee may apply for a 
predevelopment grant in accordance with Sec.  1944.410(d). In addition 
to meeting the conditions of an applicant as defined in Sec.  1944.411 
of this subpart, the grantee must also have received or will receive an 
acceptable rating on its current grant unless an exception is granted by 
the State Director. The State Director may grant an exception to the 
rating if it is determined that the reasons causing the previous 
unacceptable rating have been removed or will be removed with the 
approval of this grant.



Sec.  1944.422  Audit and other report requirements.

    The grantee must submit an audit to the appropriate Rural 
Development District Office annually (or biennially if a State or local 
government with authority to do a less frequent audit requests it) and 
the earlier of 30 calendar days after receipt of the auditor's report or 
nine months after the end of the grantee's audit period. The audit, 
conducted by the grantee's auditors, is to be performed in accordance 
with Generally Accepted Government Auditing Standards (GAGAS), using the 
publication ``Standards for Audit of Governmental Organizations, 
Programs, Activities and Functions'' developed by the Comptroller 
General of the United States in 1981, and any subsequent revisions. In 
addition, the audits are also to be performed in accordance with 2 CFR 
part 200 as adopted by USDA through 2 CFR part 400 and Rural Development 
requirements as specified in this subpart. Audits of borrower loan funds 
will be required. The number of borrower accounts audited will be 
determined by the auditor. In incidences where it is difficult to 
determine the appropriate number of accounts to be audited, auditors 
should be authorized by the State Director to audit the lesser of 10 
loans or 10 percent of total loans.
    (a) Nonprofit organizations and others. If determined necessary, 
these organizations are to be audited in accordance with Rural 
Development requirements in accordance with 2 CFR part 200 as adopted by 
USDA through 2 CFR part 400. These requirements also apply to public 
hospitals, public colleges, and universities if they are excluded from 
the audit requirements of paragraph (b) of this section.
    (1) An audit conducted by the grantee's auditor shall be supplied to 
the Rural Development District Director as soon as possible but in no 
case later than ninety (90) days following the period covered by the 
grant agreement.
    (2) Auditors shall promptly notify United States Department of 
Agriculture's Office of the Inspector General Regional Inspector General 
and the Rural Development District Office, in writing, of any indication 
of fraud, abuse, or illegal acts in grantees use of

[[Page 148]]

grant funds or in the handling of borrowers accounts.
    (3) Nonprofit organizations that receive less than $25,000 a year in 
Federal financial assistance need not be audited.
    (b) State and local governments and Indian tribes. These 
organizations are to be audited in accordance with this subpart and 2 
CFR part 200 as adopted by USDA through 2 CFR part 400. The grantee will 
forward completed audits to the appropriate Federal Cognizant agency and 
a copy to the Rural Development District Director. ``Cognizant agency'' 
for audits is defined at 2 CFR 200.18 as the Federal agency designated 
to carry out the responsibilities described in Sec.  200.513 
Responsibilities, paragraph (a). The cognizant agency for audit is not 
necessarily the same as the cognizant agency for indirect costs. A list 
of cognizant agencies for audit may be found at the FAC Web site. Within 
USDA, the OIG shall fulfill cognizant agency responsibilities. Smaller 
grantees not assigned a cognizant agency by OMB should contact the 
Federal agency that provided the most funds. When USDA is designated as 
the cognizant agency or when it has been determined by the borrower that 
Rural Development provided the major portion of Federal financial 
assistance, the State Director will contact the appropriate USDA OIG 
Regional Inspector General. Rural Development and the borrower shall 
coordinate all proposed audit plans with the appropriate USDA OIG.
    (1) State and local governments and Indian tribes that receive 
$25,000 or more a year in Federal financial assistance shall have an 
audit made in accordance with 2 CFR part 200 as adopted by USDA through 
2 CFR part 400.
    (2) State and local and Indian tribes that receive less than $25,000 
a year in Federal financial assistance shall be exempt from 2 CFR part 
200 as adopted by USDA through 2 CFR part 400.
    (3) Public hospitals and public colleges and universities may be 
excluded by the State Director from OMB Circular A-128 audit 
requirements. If such entities are excluded, audits shall be made in 
accordance with paragraph (a) of this section.

[55 FR 41833, Oct. 16, 1990; 56 FR 19253, Apr. 26, 1991, as amended at 
79 FR 76010, Dec. 19, 2014; 81 FR 7698, Feb. 16, 2016]



Sec.  1944.423  Loan packaging and 502 RH application submittal.

    A grantee is required to assist 502 RH applicants in submitting 
their application for a RH loan. Loan packaging will be performed in 
accordance with 7 CFR part 3550; therefore, it is important that the 
grantee be trained at an early date in the packaging of RH loans. 
Typically, this training should take place before the first applications 
are submitted to the County Office and before the grant is closed. A 
grantee should become very knowledgeable of Rural Development's 
eligibility requirements but must understand that only Rural Development 
can approve or deny an applicant assistance. Grantee must work 
cooperatively with Rural Development in the 502 loan approval process 
and must work within the regulations for the 502 program and recognize 
Rural Development's ultimate decision making authority to approve or 
deny loans. However, the grantee may ask for clarification that may be 
helpful in working with future applicants. Grant funds may not be used 
to pay any expense in connection with an appeal that the applicant may 
file or pursue.

[55 FR 41833, Oct. 16, 1990, as amended at 67 FR 78328, Dec. 24, 2002]



Sec.  1944.424  Dwelling construction and standards.

    All construction will be performed in accordance with subpart A of 
part 1924 of this chapter. The planned work must meet the building 
requirements of 7 CFR part 3550 and meet the Development Standards as 
defined in subpart A of part 1924 of this chapter and in any local 
codes. Sites and site developments must conform to the requirements of 
subpart C of part 1924 of this chapter.

[55 FR 41833, Oct. 16, 1990, as amended at 67 FR 78328, Dec. 24, 2002]

[[Page 149]]



Sec.  1944.425  Handling and accounting for borrower loan funds.

    Grantees will be required to administer borrower loan funds during 
the construction phases. The extent of their involvement will depend on 
the experience of the grantee and the amount of authority delegated to 
them by the District Director in accordance with Sec.  1924.6(c) of 
subpart A of part 1924 of this chapter. Training should include Rural 
Development's non-discrimination policies in receiving applications.



Sec.  1944.426  Grant closeout.

    (a) Grant purposes completed. Promptly after the date of completion, 
grant closeout actions will be taken to allow the orderly discontinuance 
of grantee activity.
    (1) The grantee will immediately refund to Rural Development any 
balance of grant funds that are not committed for the payment of 
authorized expenses.
    (2) The grantee will furnish Form SF-269A, ``Financial Status Report 
(short form)'' to Rural Development within 90 days after the date of 
completion of the grant. All other financial, performance, and other 
reports required as a condition of the grant also will be completed.
    (3) After the grant closeout, Rural Development retains the right to 
recover any disallowed costs which are discovered as a result of the 
final audit. 7 CFR part 3550 will be used by Rural Development to 
recover any unauthorized expenditures.
    (4) The grantee will provide Rural Development an audit conforming 
to those requirements established in this part, including audits of 
self-help borrower accounts.
    (5) Upon request from the recipient, any allowable reimbursable cost 
not covered by previous payments shall be promptly paid by Rural 
Development.
    (b) Grant purposes not completed--(1) Notification of termination. 
The State Director will promptly notify the grantee and the National 
Office in writing of the termination action including the specific 
reasons for the decision and the effective date of the termination. The 
notification to the grantee will specify that if the grantee believes 
the reason for the proposed termination can be resolved, the grantee 
should, within 15 calendar days of the date of this notification, 
contact the State Director in writing requesting a meeting for further 
consideration. The meeting will be an informal proceeding at which the 
grantee will be given the opportunity to provide whatever additional 
information it believes should be considered in reaching a decision 
concerning the case. The grantee may have an attorney or any other 
person present at the meeting if desired. Within 7 calendar days of the 
meeting, the State Director will determine what action to take.
    (i) If the State Director determines that termination is not 
necessary, the grantee will be informed by letter along with the 
District Director.
    (ii) If the State Director determines that termination of the grant 
is appropriate, he/she will promptly inform the grantee by the use of 
exhibit B-3 of subpart B of part 1900 of this chapter.
    (2) National Office review. (i) Upon receipt of a request from a 
grantee that the decision of the State Director be reconsidered, the 
National Office will make a preliminary decision concerning the 
continued funding of the grantee during the appeal period. Written 
notification of the decision will be given to the State Director and 
grantee.
    (ii) The National Office will then obtain a comprehensive report on 
the matter from the State Office. This information will be considered 
together with any additional information that may be provided by the 
grantee.
    (c) Grant suspension. When the grantee has failed to comply with the 
terms of the agreement, the District Director will promptly report the 
facts to the State Director. The State Director will consider 
termination or suspension of the grant usually only after a Grantee has 
been classified as ``high risk'' in accordance with Sec.  
1944.417(b)(2). When the State Director determines that the grantee has 
a reasonable potential to correct deficiencies the grant may be 
suspended. The State Director will request written authorization from 
the National Office to suspend a grantee. The suspension will adhere to 
2 CFR part 200 as adopted by USDA through 2

[[Page 150]]

CFR part 400. The grantee will be notified of the grant suspension in 
writing by the State Director. The State Director will also promptly 
inform the grantee of its rights to appeal the decision by use of 
Exhibit B-3 of Subpart B of part 1900 of this chapter.
    (d) Grant termination. The State Director may terminate the grant 
agreement whenever Rural Development determines that the grantee has 
failed to comply with terms of the Agreement. The reasons for 
termination may include, but are not limited to, such problems as listed 
in paragraph (e)(3)(i) of exhibit A of this subpart. The State Director 
may also withhold further disbursement of grant funds and prohibit the 
grantee from incurring additional obligations of grant funds with 
written approval of the National Office. Rural Development will allow 
all necessary and proper costs which grantee could not reasonably avoid.
    (1) Termination for cause. The grant agreement may be terminated in 
whole, or in part, at any time before date of completion, whenever Rural 
Development determines that the grantee has failed to comply with terms 
of the Agreement. The State Director will notify the grantee in writing 
giving the reasons for the action and inform the grantee of its rights 
of appeal by use of exhibit B-3 of subpart B of part 1900 of this 
chapter.
    (2) Termination for convenience. FmHA or its successor agency under 
Public Law 103-354 or the grantee may terminate the grant in whole, or 
in part, when both parties agree that the continuation of the grant 
would not produce beneficial results. The two parties will agree in 
writing to the termination conditions including the effective date. No 
notice of rights of appeal will be issued by Rural Development.

[55 FR 41833, Oct. 16, 1990, as amended at 67 FR 78328, Dec. 24, 2002; 
68 FR 61331, Oct. 28, 2003; 79 FR 76010, Dec. 19, 2014]



Sec.  1944.427  Grantee self-evaluation.

    Annually or more often, the board of directors will evaluate their 
own self-help program. Exhibit E of this subpart is provided for that 
purpose. It is also recommended that they review their personnel policy, 
any audits that may have been conducted and other reports to determine 
if they need to make adjustments in order to prevent fraud and abuse, 
and meet the goals in the current grant agreement.



Sec. Sec.  1944.428-1944.449  [Reserved]



Sec.  1944.450  OMB control number.

    The reporting and recordkeeping requirements contained in this 
regulation have ben approved by the Office of Management and Budget and 
have been assigned OMB control number 0575-0043. Public reporting burden 
for this collection of information is estimated to vary from 10 minutes 
to 18 hours per response, with an average of 1.17 hours per response 
including time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information. Send comments regarding this 
burden estimate or any other aspect of this collection of information, 
including suggestions for reducing this burden, to Department of 
Agriculture, Clearance Officer, OIRM, room 404-W, Washington, DC 20250; 
and to the Office of Management and Budget, Paperwork Reduction Project 
(OMB 0575-0043), Washington, DC 20503.



Sec. Exhibit A to Subpart I of Part 1944--Self-Help Technical Assistance 
                             Grant Agreement

    THIS GRANT AGREEMENT dated --------------------, 19----, is between 
------------

________________________________________________________________________
a nonprofit corporation (``Grantee''), organized and operating under
________________________________________________________________________
(authorizing State statute)

and the United States of America acting through the Farmers Home 
Administration, Department of Agriculture (``FmHA'') or its successor 
agency under Public Law 103-354.

    In consideration of financial assistance in the amount of $-------- 
(called ``Grant Funds'') to be made available by FmHA or its successor 
agency under Public Law 103-354 to Grantee under section 523(b)(1)(A) of 
the Housing Act of 1949 to be used in (specify area to be served) ------
-- for the purpose of providing a program of technical and supervisory 
assistance which will aid low-income families in carrying out mutual 
self-help housing efforts. Grantee will provide such a program in 
accordance with the terms of this

[[Page 151]]

Agreement and FmHA or its successor agency under Public Law 103-354 
regulations.

                              Definitions:

    Date of Completion means the date when all work under a grant is 
completed or the date in the TA Grant Agreement, or any supplement or 
amendment thereto, on which Federal assistance ends.
    Disallowed costs are those charges to a grant which the FmHA or its 
successor agency under Public Law 103-354 determines cannot be 
authorized.
    Grant Closeout is the process by which the grant operation is 
concluded at the expiration of the grant period or following a decision 
to terminate the grant.
    Termination of a grant means the cancellation of Federal assistance, 
in whole of in part, under a grant at any time prior to the date of 
completion.

                           Terms of agreement:

    (a) This Agreement shall terminate -------- years from this date 
unless extended or sooner terminated under paragraphs (e) and (f) of 
this Agreement.
    (b) Grantee shall carry out the self-help housing activity described 
in the application docket which is attached to and made a part of this 
Agreement. Grantee will be bound by the conditions set forth in the 
docket, 7 CFR part 1944, subpart I, and the further conditions set forth 
in this Agreement. If any of the conditions in the docket are 
inconsistent with those in the Agreement or subpart I of part 1944, the 
latter will govern. A waiver of any condition must be in writing and 
must be signed by an authorized representative of FmHA or its successor 
agency under Public Law 103-354.
    (c) Grantee shall use grant funds only for the purposes and 
activities specified in FmHA or its successor agency under Public Law 
103-354 regulations and in the application docket approved by FmHA or 
its successor agency under Public Law 103-354 including the approved 
budget. Any uses not provided for in the approved budget must be 
approved in writing by FmHA or its successor agency under Public Law 
103-354 in advance.
    (d) If Grantee is a private nonprofit corporation, expenses charged 
for travel or per diem will not exceed the rates paid FmHA or its 
successor agency under Public Law 103-354 employees for similar 
expenses. If Grantee is a public body, the rates will be those that are 
allowable under the customary practice in the government of which 
Grantee is a part; if none are customary, the FmHA or its successor 
agency under Public Law 103-354 rates will be the maximum allowed.
    (e) Grant closeout and termination procedures will be as follows:
    (1) Promptly after the date of completion or a decision to terminate 
a grant, grant closeout actions are to be taken to allow the orderly 
discontinuation of Grantee activity.
    (i) Grantee shall immediately refund to FmHA or its successor agency 
under Public Law 103-354 any uncommitted balance of grant funds.
    (ii) Grantee will furnish to FmHA or its successor agency under 
Public Law 103-354 within 90 days after the date of completion of the 
grant a ``Financial Status Report'', Form SF-269A. All financial, 
performance, and other reports required as a condition of the grant will 
also be completed.
    (iii) Grantee shall account for any property acquired with technical 
assistance (TA) grant funds, or otherwise received from FmHA or its 
successor agency under Public Law 103-354.
    (iv) After the grant closeout, FmHA or its successor agency under 
Public Law 103-354 retains the right to recover any disallowed costs 
which may be discovered as a result of any audit.
    (2) When there is reasonable evidence that Grantee has failed to 
comply with the terms of this Agreement, the State Director may 
determine Grantee as ``high risk''. A ``high risk'' Grantee will be 
supervised to the extent necessary to protect the Government's interest 
and to help Grantee overcome the deficiencies.
    (3) Grant termination will be based on the following:
    (i) Termination for cause. This grant may be terminated in whole, or 
in part, 90 days after a Grantee has been classified as ``high risk'' if 
the State Director determines that Grantee has failed to correct 
previous deficiencies and is unlikely to correct such items if 
additional time is allowed. The reasons for termination may include, but 
are not limited to, such problems as:
    (A) Actual TA costs significantly exceeding the amount stipulated in 
the proposal.
    (B) The number of homes being built is significantly less than 
proposed construction or is not on schedule.
    (C) The cost of housing not being appropriate for the self-help 
program.
    (D) Failure of Grantee to only use grant funds for authorized 
purposes.
    (E) Failure of Grantee to submit adequate and timely reports of its 
operation.
    (F) Failure of Grantee to require families to work together in 
groups by the mutual self-help method in the case of new construction.
    (G) Serious or repetitive violation of any of the provisions of any 
laws administered by FmHA or its successor agency under Public Law 103-
354 or any regulation issued under those laws.
    (H) Violation of any nondiscrimination or equal opportunity 
requirement administered

[[Page 152]]

by FmHA or its successor agency under Public Law 103-354 in connection 
with any FmHA or its successor agency under Public Law 103-354 programs.
    (I) Failure to establish an accounting system acceptable to FmHA or 
its successor agency under Public Law 103-354.
    (J) Failure to serve very low-income families.
    (K) Failure to recruit families from substandard housing.
    (ii) Termination for convenience. FmHA or its successor agency under 
Public Law 103-354 or Grantee may terminate the grant in whole, or in 
part, when both parties agree that the continuation of the project would 
not produce beneficial results commensurate with the further expenditure 
of funds. The two parties shall agree upon the termination conditions, 
including the effective date and, in case of partial termination, the 
portion to be terminated.
    (4) To terminate a grant for cause, FmHA or its successor agency 
under Public Law 103-354 shall promptly notify Grantee in writing of the 
determination and the reasons for and the effective date of the whole or 
partial termination. Grantee will be advised of its appeal rights under 
7 CFR part 1900, subpart B.
    (f) An extension of this grant agreement may be approved by FmHA or 
its successor agency under Public Law 103-354 provided, in its opinion, 
the extension is justified and there is a likelihood that the Grantee 
can accomplish the goals set out and approved in the application docket 
during the period of the extension.
    (g) Grant funds may not be used to pay obligations incurred before 
the date of this Agreement. Grantee will not obligate grant funds after 
the grant termination or completion date.
    (h) As requested and in the manner specified by FmHA or its 
successor agency under Public Law 103-354, the Grantee must make 
quarterly reports, exhibit C of this subpart (on \1/15\, \4/15\, \7/15\ 
and \10/15\ of each year), and a financial status report at the end of 
the grant period, and permit on-site inspections of program progress by 
FmHA or its successor agency under Public Law 103-354 representatives. 
FmHA or its successor agency under Public Law 103-354 may require 
progress reports more frequently if it deems necessary. Grantee must 
also comply with the audit requirements found in Sec.  1944.422 of 
subpart I of 7 CFR part 1944, if applicable. Grantee will maintain 
records and accounts, including property, personnel and financial 
records, to assure a proper accounting of all grant funds. These records 
will be made available to FmHA or its successor agency under Public Law 
103-354 for auditing purposes and will be retained by Grantee for three 
years after the termination or completion of this grant.
    (i) Acquisition and disposal of personal, equipment and supplies 
should comply with Subpart R of 2 CFR part 200 as adopted by USDA 
through 2 CFR part 400.
    (j) Results of the program assisted by grant funds may be published 
by Grantee without prior review by FmHA or its successor agency under 
Public Law 103-354, provided that such publications acknowledge the 
support provided by funds pursuant to the provisions of Title V of the 
Housing Act of 1949, 42 U.S.C. 1471, et seq., and that five copies of 
each such publication are furnished to the local representative of FmHA 
or its successor agency under Public Law 103-354.
    (k) Grantee certifies that no person or organization has been 
employed or retained to solicit or secure this grant for a commission, 
percentage, brokerage, or contingent fee.
    (l) Grantee shall comply with all civil rights laws and the FmHA or 
its successor agency under Public Law 103-354 regulations implementing 
these laws.
    (m) In all hiring or employment made possible by or resulting from 
this grant, Grantee: (1) Will not discriminate against any employee or 
applicant for employment because of race, religion, color, sex, marital 
status, national origin, age, or mental or physical handicap, and (2) 
will take affirmative action to insure that applicants are employed, and 
that employees are treated during employment without regard to their 
race, religion, color, sex, marital status, national origin, or mental 
or physical handicap. This requirement shall apply to, but not be 
limited to, the following: Employment, upgrading, demotion, or transfer; 
recruitment or recruitment advertising; layoff or termination; rates of 
pay or other forms of compensation; and selection for training, 
including apprenticeship. In the event Grantee signs a contract which 
would be covered by any Executive Order, law, or regulation prohibiting 
discrimination, Grantee shall include in the contract the ``Equal 
Employment Clause'' as specified by FmHA or its successor agency under 
Public Law 103-354.
    (n) It is understood and agreed by Grantee that any assistance 
granted under this Agreement will be administered subject to the 
limitations of Title V of the Housing Act of 1949 as amended, 42 U.S.C. 
1471 et seq., and related regulations, and that rights granted to FmHA 
or its successor agency under Public Law 103-354 in this Agreement or 
elsewhere may be exercised by it in its sole discretion to carry out the 
purposes of the assistance, and protect FmHA or its successor agency 
under Public Law 103-354's financial interest.
    (o) Grantee will maintain a code or standards of conduct which will 
govern the performance of its officers, employees, or agents. Grantee's 
officers, employees, or agents will neither solicit nor accept 
gratuities, favors, or anything of monetary value

[[Page 153]]

from suppliers, contractors, or others doing business with the grantee. 
To the extent permissible by State or local law, rules, or regulations 
such standards will provide for penalties, sanctions, or other 
disciplinary actions to be taken for violations of such standards.
    (p) Grantee shall not hire or permit to be hired any person in a 
staff position or as a participant if that person or a member of that 
person's immediate household is employed in an administrative capacity 
by the organization, unless waived by the State Director. (For the 
purpose of this section, the term household means all persons sharing 
the same dwelling, whether related or not).
    (q) Grantee's board members or employees shall not directly pr 
indirectly participate, for financial gain, in any transactions 
involving the organization or the participating families. This includes 
activities such as selling real estate, building material, supplies, and 
services.
    (r) Grantee will retain all financial records, supporting documents, 
statistical records, and other records pertinent to this agreement for 3 
years, and affirms that it is fully aware of the provisions of the 
Administrative Remedies for False Claims and Statements Act, 31 U.S.C. 
3801, et seq.

By______________________________________________________________________
(Signature)

________________________________________________________________________
(Title)
GRANTEE

By______________________________________________________________________
(Signature)

________________________________________________________________________
(Title)
FARMERS HOME ADMINISTRATION or its successor agency under Public Law 
103-354



Sec. Exhibit B to Subpart I of Part 1944--Evaluation Report of Self-Help 
                    Technical Assistance (TA) Grants

Evaluation for Quarter Ending: (1) ----------------, 19----
1. a. Name of Grantee: (2) ------
    b. Address: (3) ------
    c. Area the grant serves: (4) ------
2. Date of Agreement: (5) ------ Time Extended (6) ------
3. a. Equivalent unit increase during quarter:
(7)_____________________________________________________________________
First Month
(8)_____________________________________________________________________
Second Month
(9)_____________________________________________________________________
Third Month
b. Cumulative total number of Equivalent Units since beginning of grant:
(10)____________________________________________________________________
Total to Date
4. a. Method of Construction:
    Stick built ------%, Panelized ------%, Combined ------%
    b. Number of bedrooms per house built this grant period:
2BR,____________________________________________________________________
3BR,____________________________________________________________________
________________________________________________________________________
    c. Household size this Quarter:

1 person ------,
2 persons ------,
3 persons ------,
4 persons ------,
5 persons ------.

    d. Number of houses under construction this grant period, but 
started during previous grant period: ------
5. a. Number of houses proposed under this grant:
(11)____________________________________________________________________
    b. Number of houses completed under this grant:
(12)____________________________________________________________________
    c. Number of houses currently under construction:
(13)____________________________________________________________________
    d. Number of families in pre construction:
(14)____________________________________________________________________
    e. Number of Construction Supervisors:
(15)____________________________________________________________________
    f. Number of TA employees:
(16)____________________________________________________________________
6. a. Average time needed to construct a single house:
(17)____________________________________________________________________
    b. Number of months between submission of self-help borrower's 
docket and approval/rejection:
(18)____________________________________________________________________
    c. Number and percentage of loan docket rejections during reporting 
period: ------
(19)____________________________________________________________________
7. a. Did any of the following adversely affect the Grantee's ability to 
          accomplish program objectives?

 
                                                       YES         NO
 
TA Staff Turnover.................................   --------   --------
FmHA Staff Turnover...............................   --------   --------
Bad Weather.......................................   --------   --------
Loan Processing Delays............................   --------   --------
Site Acquisition and Development..................   --------   --------
Unavailable Loan/Grant Funds......................   --------   --------
Lack of Participants..............................   --------   --------
Communication between FmHA/Grantee................   --------   --------
 

8. Attach information concerning number of families contacted, number 
          who have indicated a willingness to be a participating family, 
          number of mutual self-help groups organized, progress on any 
          construction started, and any problems relating to the 
          operation of this grant.

[[Page 154]]

I certify that the statements made above are true to the best of my 
          knowledge and belief.

(20)____________________________________________________________________
(Date)

(21)____________________________________________________________________
(Title)

GRANTEE
(22)____________________________________________________________________
(Signature)

                          County Office Review

I have reviewed the above information which I have found to be 
          substantially correct. Must be completed by County Office.
Comment: Must be completed (23)
Average appraisal value of units financed this Quarter:

________________________________________________________________________
Average amount loan per unit financed this Quarter:
________________________________________________________________________
(24)____________________________________________________________________
(Date)

(25)____________________________________________________________________
County Supervisor

                         District Office Review

Comment: Must be completed (26)
(27)____________________________________________________________________
Date

(28)____________________________________________________________________
District Director

                           State Office Review

Comments: Must be completed (29)
(30)____________________________________________________________________
Date

(31)____________________________________________________________________
State Office Representative



Sec. Exhibit B-1 to Subpart I of Part 1944--Instructions for Preparation 
      of Evaluation Report of Self-Help Technical Assistance Grants

    Exhibit B will be used by all Technical Assistance (TA) Grantees 
obtaining self-help TA grants. This attachment provides the grantee and 
FmHA or its successor agency under Public Law 103-354 a uniform method 
of reporting the performance progress of self-help projects. The TA 
Grantee will prepare an original and 4 copies of the attachment. The TA 
Grantee will sign the original and 3 copies and forward it to the local 
FmHA or its successor agency under Public Law 103-354 County Office. The 
TA Grantee will keep the unsigned copy for its records.
    The evaluation report will be completed in accordance with the 
following:
    1. Enter the date the quarter ends either March 31, June 30, 
September 30, or December 31 and the year.
    2. Enter the full name of the TA Grantee organization.
    3. Enter the complete mailing address of the TA Grantee 
organization.
    4. Enter the area served by the grant.
    5. Enter the date of the initial self-help TA grant agreement.
    6. Enter the time of any extension self-help TA grant agreement(s).
    7. Insert the number of equivalent units (EU) completed the first/
second/third month of the quarter using steps 1, 2, and 3 of exhibit B-
3.
    8. Insert the number of EU's completed the second month of the 
quarter by using steps 1, 2, and 3 of exhibit B-3.
    9. Insert the number of EU's completed the third month of the 
quarter by using steps 1, 2, and 3 of exhibit B-3.
    10. Add items (7), (8), and (9) to the total from the previous 
quarterly report to obtain the cumulative total number of EU's. This 
total is the cumulative total number of EU's for the project.
    11. Enter the number of houses planned in the TA Grantee 
proposal(s).
    12. Enter the number of houses completed and occupied since the 
beginning of the grant.
    13. Enter the number of houses that are under construction at the 
end of this quarter.
    14. Enter the number of families in the pre-construction phase.
    15. Enter the total number of construction supervisor(s) paid with 
TA grant funds.
    16. Enter the number of employees paid with TA grant funds including 
those listed in item 15.
    17. Insert the average elapsed time needed per house from excavation 
to final inspection by FmHA or its successor agency under Public Law 
103-354 to complete construction of a house. If no self-help homes have 
been completed by this grantee, use other projects or your best estimate 
as a guide.
    18. Enter the number of months it takes on average to approve or 
reject a borrower's docket once it's submitted.
    19. Enter number and percent of dockets submitted and rejected this 
quarter.
    20. Enter date of exhibit submittal.
    21. Insert title of the Grantee or authorized representative.
    22. Signature of Grantee or authorized representative.
    23. County Supervisor must answer questions concerning market value 
and loan amount and also should insert comments concerning progress of 
construction, success of the project and any problems that the 
organization may have.
    24. Insert date of County Supervisor's review.

[[Page 155]]

    25. Signature of County Supervisor.
    26. District Director representative should insert his/her comments 
concerning items listed in Sec.  1944.417(b)(1) of 1944-I.
    27. Insert date of District Director review.
    28. Signature of District Director or representative.
    29. Insert State Office comments.
    30. Insert date of State Office review.
    31. Signature of State Office representative.

    Exhibit B-2 to Subpart I of Part 1944--Breakdown of Construction 
      Development for Determining Percentage Construction Completed

------------------------------------------------------------------------
                                                In percent--
                                  --------------------------------------
                                    With slab    With crawl      With
                                     on grade      space       basement
------------------------------------------------------------------------
1. Excavation....................           3            5            6
    The removal of earth to allow the construction of a foundation or
     basement.
2. Footing, Foundations, columns.           8            8           11
    Footing: Construction of the spreading course or courses at the base
     or bottom of a foundation wall, pier, or column.
    Foundation: Construction of the supporting portion of a structure
     below the first floor construction, or below grade, including
     footing.
3. Floor slab or framing.........           6            4            4
    The floor slab consist of concrete, usually reinforced, poured over
     gravel and a vapor barrier with perimeter insulation to prevent
     heat loss.
4. Subflooring...................           0            1            1
    The installation of materials used for flooring that is laid
     directly on the joist and serving the purpose of a floor during
     construction prior installation of the finish floor.
5. Wall framing sheathing........           7            7            6
    The construction process of putting together and erecting the
     skeleton parts of a building's walls (the rough lumber work) and,
     for the exterior walls, covering with sheathing (plywood,
     waferboard, oriented strand board or lumber) and insulating board
     to close up the side walls prior to the installation of finish
     materials on the surface.
6. Roof and ceiling framing,                6            6            5
 sheathing.......................
    The process, or method, of putting the parts of a roof, such as
     truss, rafters, ridge and plates in position. Ceiling joist support
     the overhead interior lining of a room. Roof sheathing is any sheet
     material, such as plywood or particleboard, connected to the roof
     rafters or truss to act as a base for sheathing felt, shingles or
     other roof covers.
7. Roofing.......................           5            5            4
    The installation of a material that acts as a roof covering, making
     it impervious to the weather, such as shingles over sheathing felt,
     tile, or slate.
8. Siding, exterior trim, porches           7            7            6
    The installation of lumber, panel products or other materials
     intended for use as the exterior wall covering including all trim.
9. Windows and exterior doors....           9            9            8
    The installation of all exterior windows and doors. This includes
     securely fastening windows and doors plumb and level, square and
     true and adjusting sash, screens and hardware for smooth and proper
     operation.
10. Plumbing--roughed in.........           3            2            3
    Subject to local codes and regulations the installation of all parts
     of the plumbing system which must be completed prior to the
     installation of plumbing fixtures or appliances. This includes
     drain, waste, and vent piping, water supply, and the necessary
     built-in fixture supports.
11. Sewage disposal..............           1            1            1

[[Page 156]]

 
    Subject to local codes and regulations the construction and
     installation of a wastewater disposal system consisting of a house
     sewer, a pretreatment unit (e.g., septic tank, individual package
     treatment plant), an acceptable absorption system (subsurface
     absorption field, seepage pit, or subsurface absorption bed). The
     system shall be designed to receive all sanitary sewage (bathroom,
     kitchen and laundry) from the dwelling, but not footing or roof
     drainage. It shall be designed so that gases generated anywhere in
     the system can easily flow back to the building sewer stack.
12. Heating--roughed in..........           1            1            1
    Subject to local codes and regulations the installation of ducts and/
     or piping and the necessary supports to minimize the cutting of
     walls and joist. This rough in is done before finish wall and floor
     installed.
13. Electrical--roughed in.......           2            2            2
    Subject to local codes and regulations the installation of conduit
     or cable and the location of switch, light, and outlet boxes with
     wires ready to connect. This roughing-in work is done before the
     dry wall finish is applied, and before the insulation is placed in
     the walls and ceiling.
14. Insulation...................           2            2            2
    The installation of any material used in walls, floors, and ceilings
     to prevent heat transmission as required by FmHA Instruction 1924-
     A, exhibit D of 7 CFR of part 1924, subpart A.
15. Dry wall.....................           8            8            7
    Dry walling is covering the interior walls using sheets of gypsum
     board and taped joints.
16. Basement or porch floor,                1            1            6
 steps...........................
    The construction of basement or porch floors and steps whether wood
     or concrete.
17. Heating--finished............           3            3            3
    Subject to local codes and regulations the installation of
     registers, grilles and thermostats.
18. Flooring covering............           6            6            5
    The installation of the ``finish flooring'' (the material used as
     the final wearing surface that is applied to a floor). Floor
     covering include numerous flooring materials such as wood
     materials, vinyl, linoleum, cork, plastic, carpet and other
     materials in tile or sheet form.
19. Interior carpentry, trim,               6            6            5
 doors...........................
    Installing visible interior finish work (molding and/or trim),
     including covering joints around window and door openings. The
     installation of an interior door including frames and trim.
20. Cabinets and counter tops....           1            1            1
    Securing cabinets and counter tops (usually requiring only fastening
     to the wall or floor) that are plumb and level, square and true.
21. Interior painting............           4            4            3
    Cleaning and preparation of all interior surfaces and applying paint
     in strict accordance with the paint manufacturer's instructions.
22. Exterior painting............           1            1            1
    Cleaning and preparation of all exterior surfaces and applying paint
     in strict accordance with the paint manufacturer's instructions.
23. Plumbing--complete fixtures..           4            4            3
    Subject to local codes and regulations the installation of a
     receptor or device which requires both a water supply connection
     and a discharge to the drainage system, such as water closets,
     lavatories, bathtubs or sinks. Also, the installation of an
     energized household appliance with plumbing connections, such as a
     clothes washer, water heater, dishwasher or garbage grinder.
24. Electrical--complete fixtures           1            1            1
    Subject to local codes and regulations the installation of the
     fixtures, the switches, and switch plates. This is usually done
     after the dry wall finish is applied.
25. Finish hardware..............           1            1            1
    The installation of all the visible, functional hardware in a house
     that has a finish appearance, including such features as hinges,
     locks, catches, pulls, knobs, and clothes hooks.
26. Gutters and downspouts.......           1            1            1

[[Page 157]]

 
    The installation of a shallow channel of wood, metal, or PVC
     (gutters) positioned just below and following along the eaves of
     the house for the purpose of collecting and diverting water from a
     roof to a vertical pipe (downspouts) used to carry rainwater from
     the roof to the ground by way of a splash block or into a drainage
     system.
27. Grading, paving, landscaping.           3            3            3
    Landscaping includes final grading, planting of shrubs and trees,
     and seeding or sodding of lawn areas. Final grading includes the
     best available routing of runoff water to assure that house and
     adjacent homes will not be endangered by the path of water runoff.
     The minimum slope should be 6 in 10[foot] or 5% from the
     foundation of the home. Paving includes both driveways and walks.
                                  --------------------------------------
        Total....................         100          100          100
------------------------------------------------------------------------



    Sec. Exhibit B-3 to Subpart I of Part 1944--Pre-Construction and 
                      Construction Phase Breakdown

I. General. This exhibit will be used by Farmers Home Administration 
          (FmHA) or its successor agency under Public Law 103-354 and 
          the Grantee in determining Grantee performance as required in 
          Sec.  1944.417(b) of this subpart.
II. Determining technical assistance (TA) cost per unit.
    A. Equivalent units are used to measure progress at any time during 
the period of the grant. It is necessary because self-help grantees have 
several groups of families in various stages of progress during the 
period of the grant. The following formula has been developed to provide 
a more accurate method of determining progress.

                                 Formula
------------------------------------------------------------------------
                                                      In percent--
                                               -------------------------
                Phase breakdown                   Value of
                                                 each phase   Cumulative
------------------------------------------------------------------------
Pre-construction:
  Phase I.....................................           10           10
  Phase II....................................           10           10
Construction:
  Phase III...................................           80       21-100
------------------------------------------------------------------------

    B. Using the Description of Phase Breakdown as a guide, the project 
staff selects the total percentage pertinent to the stage the self-help 
group is in and multiplies that percentage by the number of families 
(units) in the group. The result is the equivalent number of units 
completed. No credit may be given for Phase I, if the application is 
rejected. When this computation has been completed for each group that 
falls within Phases I-III, the total number of equivalent units is 
divided into the total grant funds expended to that date. The result is 
the TA cost per unit at that stage of the program's progress.
    C. The definition of pre-construction and construction phases 
described are follows:

                            Pre-Construction

    Phase I: Hold community meetings; conduct interviews; obtain house 
plans; prepare cost estimates; begin search for land; submit family 
applications to the lender; lender runs credit check; applications. 
Lender either approves or rejects.
    Phase II: Organize an association of section 502 Rural Housing 
eligible families; association conducts weekly meetings at which 
required lender forms are discussed and completed; house plans and land 
sites are selected; outside speakers explain and discuss taxes, 
insurance, how to keep a checking account, how interest is computed, 
home maintenance, decorating, and landscaping; etc.; completed loan 
dockets for each family are submitted to the lender. Family loan dockets 
are reviewed and recommendations made as to the loan amounts requested; 
the lender reviews family loan dockets; preliminary title search of each 
proposed building site is begun; requests loan check from Finance 
Office; when check arrives, final title search is made, loan closed, 
checking accounts opened, and construction begun.
    Construction: The grantee will utilize exhibit B-2 which outlines 27 
construction tasks to determine the percentage of completed construction 
activities.
    D. The computation of equivalent units and TA costs will be computed 
as follows:
    Exhibit C will be used for recording the following information and 
construction in this example which starts January 1.

                                 Step 1

    Both the grantee and FmHA or its successor agency under Public Law 
103-354 review the FmHA or its successor agency

[[Page 158]]

under Public Law 103-354 loan application records to determine the 
percentage of completion for each family in the pre-construction phase 
of the program. These are Phases I-III. Total these percentages to find 
the number of ``equivalent units'' (EUs) completed at that date during 
pre-construction. For example, if there are eight families in Group 
2 and all have completed the 20 percent phase of pre-
construction, then there would be 1.6 EUs in the pre-construction phase 
of the program as of that date. Each phase must be completed before it 
is considered in the calculation.

                                 Step 2

    Refer to the records of construction progress for families in the 
construction Phase III. As of that date, the director totals the 
percentage of completion figures for each family as follows:

Askew...........................................................    0.45
Whited..........................................................    0.40
Martinez........................................................    0.40
Gonzalez........................................................    0.38
Sherry..........................................................    0.34
Duran...........................................................    0.33
Johnson.........................................................    0.13
Harvey..........................................................    0.31
                                                                 -------
  EUs...........................................................    2.92
 

    Total production in the construction phase is therefore 2.92 EUs as 
of that date.

                                 Step 3

    Add the pre-construction and construction subtotals together:

Pre-construction................................................    1.60
Construction....................................................    2.92
                                                                 -------
  Total EUs.....................................................    4.52
 

    This provides the total EUs of production during the first three 
months of operation. Steps 1, 2, and 3 will be used to complete items 7, 
8 and 9 of exhibit B of this subpart.

III. Preparation:
    Compile exhibit B of this subpart in an original and four copies. 
The exhibit will be signed by the TA Grantee. Submit the original and 
three copies of the exhibit quarterly to FmHA or its successor agency 
under Public Law 103-354 County Office on or before January 15, April 
15, July 15, and October 15, of each year for the quarters ending March 
31, June 30, September 30, and December 31 of each year. The District 
Director will keep the original and forward two copies to the State 
Office. The State Office will forward one copy to the National Office. 
The State Office will prepare information concerning TA grants closed 
within 30 days of the end of a quarter on the next quarterly report.



    Sec. Exhibit C to Subpart I of Part 1944--Amendment to Self-Help 
                  Technical Assistance Grant Agreement

    This Agreement dated, ------------------------ 19----
between_________________________________________________________________
a nonprofit corporation (``Grantee''), organized and operating under

________________________________________________________________________
(authorizing State Statute)

and the United States of America acting through the Farmers Home 
Administration, Department of Agriculture (``FmHA'') or its successor 
agency under Public Law 103-354, amends the ``Self-Help Technical 
Assistance Grant Agreement'' between the parties dated ----------------
-- 19----, (``Agreement'').
    The Agreement is amended by providing additional financial 
assistance in the amount of -------- to be made available by FmHA or its 
successor agency under Public Law 103-354 to Grantee pursuant to section 
523 of Title V of the Housing Act of 1949 for the purpose of assisting 
in providing a program of technical and supervisory assistance which 
will aid low-income families in carrying out mutual self-help housing 
efforts; or
    The Agreement is amended by changing the completion date specified 
in convenant 1 from -------- to -------- and by making the following 
attachments to this amendment: (List and identify proposal and any other 
documents pertinent to the grant.)
    Agreed to this ---------- day of ------------ 19----.

________________________________________________________________________
(Name of Grantee)

By______________________________________________________________________
(Signature)

________________________________________________________________________
(Title)

United States of America

By______________________________________________________________________
(Signature)

________________________________________________________________________
(Title)
Farmers Home Administration or its successor agency under Public Law 
103-354



Sec. Exhibit D to Subpart I of Part 1944--Self-Help Technical Assistance 
                     Grant Predevelopment Agreement

    This grant predevelopment agreement dated, ------------------ 19----
, is between ------------------------
a nonprofit corporation (``Grantee''), organized and operating under --
----------------------
(authorizing State statute)


[[Page 159]]


and the United States of America acting through the Farmers Home 
Administration, Department of Agriculture (``FmHA'') or its successor 
agency under Public Law 103-354.
    In consideration of financial assistance in the amount of $------ 
(``Grant Funds'') to be made available by FmHA or its successor agency 
under Public Law 103-354 to Grantee under section 523 (b)(1)(A) of the 
Housing Act of 1949 to be used in (specify area to be served) ----------
------ for the purpose of developing a program of technical and 
supervisory assistance which will aid low-income families in carrying 
out mutual self-help housing efforts, Grantee will provide such a 
program in accordance with the terms of this Agreement and FmHA or its 
successor agency under Public Law 103-354 regulations.
    Grant funds will be used for authorized purposes as contained in 
Sec.  1944.410(d) of 7 CFR part 1944, subpart I, as necessary, to 
develop a complete program for a self-help TA grant. This will include 
recruitment, screening, loan packaging and related activities for 
prospective self-help participants.
    Agreed to this ---------- day of ------------ 19----.

________________________________________________________________________

(Name of Grantee)

By______________________________________________________________________
(Signature)

________________________________________________________________________
(Title)

United States of America

By______________________________________________________________________
(Signature)

________________________________________________________________________
(Title)
Farmers Home Administration or its successor agency under Public Law 
103-354



  Sec. Exhibit E to Subpart I of Part 1944--Guidance for Recipients of 
  Self-Help Technical Assistance Grants (Section 523 of Housing Act of 
                                  1949)

    7 CFR part 1944, subpart I provides the specific details of this 
grant program. The following is a list of some functions of the grant 
recipients taken from this subpart. With the list are questions we 
request to be answered by the recipients to reduce the potential for 
fraud, waste, unauthorized use or mismanagement of these grant funds. We 
suggest the Board of Directors answer these questions every six months 
by conducting their own review. Paid staff should not be permitted to 
complete this evaluation.

               A. Family Labor Contribution
 
1. Does your organization maintain a list of each family      Yes     No
 and a running total of hours worked (when and on what
 activity)?...............................................
2. Are there records of discussions with participating        Yes     No
 families counselling them when the family contribution is
 falling behind?..........................................
3. Are there obstacles which prevent the family from          Yes     No
 performing the required tasks?...........................
 
                   B. Use of Grant Funds
 
1. Were grant funds used to pay salaries or other expenses    Yes     No
 of personnel not directly associated with this grant?....
2. Were grant funds used to pay for construction work for     Yes     No
 participating families?..................................
3. Were all purchases or rentals (item and cost) of office    Yes     No
 equipment authorized?....................................
4. Are all office expenses authorized by 7 CFR part 1944,     Yes     No
 subpart I?...............................................
5. Was a record of long distance telephone calls              Yes     No
 maintained and was that log and telephone checked?.......
6. Was all travel and mileage incurred for official           Yes     No
 business and properly authorized in advance?.............
7. Were mileage and per diem rates within authorized          Yes     No
 levels?..................................................
8. Were participating families charged for use of tools?..    Yes     No
9. Were grant funds expended to train grant personnel?....    Yes     No
10. Was training appropriate for the individual trainee?..    Yes     No
11. Were any technical or consultant services obtained for    Yes     No
 participating families?..................................
12. Were the provided technical or consultant services        Yes     No
 appropriate in type and cost?............................
 
               C. Financial Responsibilities
 
1. Does each invoice paid by the grant recipient match the    Yes     No
 purchase order?..........................................
2. Does each invoice paid by the borrower and FmHA or its     Yes     No
 successor agency under Public Law 103-354 match the
 purchase order?..........................................
3. Were purchases made from the appropriate vendors?......    Yes     No
4. Are the invoices and itemized statements totalled for      Yes     No
 materials purchased for individual families?.............
5. Is there a record of deposits and withdrawals to           Yes     No
 account for all loan funds?..............................
6. Are checks from grant funds signed by the Board            Yes     No
 Treasurer and Executive Director?........................

[[Page 160]]

 
7. Are grant funds deposited in an interest bearing           Yes     No
 account?.................................................
8. Are checks from loan funds prepared by the grant           Yes     No
 recipient for the borrower's and lender's signature?.....
9. Are checks from loan funds accompanied by accurate         Yes     No
 invoices?................................................
10. Are any borrower loan funds including interests,          Yes     No
 deposited in grantee accounts?...........................
11. Are checks from loan funds submitted to FmHA or its       Yes     No
 successor agency under Public Law 103-354 more often than
 once every 30 days?......................................
12. Is the reconciliation of bank statements for both         Yes     No
 grant and loan funds completed on a monthly basis?.......
13. If the person who issues the checks also reconciles       Yes     No
 them, does the Executive Director review this activity?..
14. Are materials purchased in bulk approved by the           Yes     No
 Executive Director?......................................
15. Was the amount of materials determined by both the        Yes     No
 Executive Director and construction staff?...............
16. Were any participating families consulted about the       Yes     No
 purchase of materials?...................................
17. Were savings accomplished by the bulk purchase method?    Yes     No
18. Did the Executive Director review the purchase order      Yes     No
 and the ultimate use of the materials?...................
19. Are materials covered by insurance when stored by         Yes     No
 grantee?.................................................
 
                       D. Reporting
 
1. Are ``Requests for Advance or Reimbursement'' made once    Yes     No
 monthly to the FmHA or its successor agency under Public
 Law 103-354 District Office?.............................
2. Has the grant recipient engaged a certified public         Yes     No
 Accountant (CPA) or CPA firm to review their operations
 on a regular basis: (Annually is preferable but every two
 years and at the end or the grant period are
 requirements)?...........................................
3. Are the quarterly evaluation reports submitted on time     Yes     No
 to the County Supervisor?................................
 

    What, if any, problems exist that need to be corrected for effective 
management of the grant project?

________________________________________________________________________
Date

________________________________________________________________________
President, Board of Directors

(Period covered by report ------)

                               Answer Key

    The following answers should help your organization in assessing its 
vulnerability to fraud, waste, and abuse. You should take actions to 
correct practices that now generate an answer different from the key.

 
                  Question                              Answer
 
A. 1.......................................  Yes
A. 2.......................................  Yes
A. 3.......................................  Yes
B. 1.......................................  No
B. 2.......................................  No
B. 3.......................................  Yes
B. 4.......................................  Yes
B. 5.......................................  Yes
B. 6.......................................  Yes
B. 7.......................................  Yes
B. 8.......................................  No
B. 9.......................................  Yes
B. 10......................................  Yes
B. 11......................................  Yes
B. 12......................................  Yes
C. 1.......................................  Yes
C. 2.......................................  Yes
C. 3.......................................  Yes
C. 4.......................................  Yes
C. 5.......................................  Yes
C. 6.......................................  Yes
C. 7.......................................  No
C. 8.......................................  Yes
C. 9.......................................  Yes
C. 10......................................  No
C. 11......................................  No
C. 12......................................  Yes
C. 13......................................  Yes
C. 14......................................  Yes
C. 15......................................  Yes
C. 16......................................  Yes
C. 17......................................  Yes
C. 18......................................  Yes
C. 19......................................  Yes
D. 1.......................................  Yes
D. 2.......................................  Yes
D. 3.......................................  Yes
 



Sec. Exhibit F to Subpart I of Part 1944--Site Option Loan to Technical 
                           Assistance Grantees

                              I. Objectives

    The objective of a Site Option (SO) loan under Section 523(b)(1)(B) 
of Title V of the Housing Act of 1949 is to enable technical assistance 
(TA) grantees to establish revolving fund accounts to obtain options on 
land needed to make sites available to families that will build their 
own homes by the self-help method. An SO loan will be considered only 
when sites cannot be made available by

[[Page 161]]

other means including a regular Rural Housing Site (RHS) loan.

                      II. Eligibility Requirements

    To be eligible for an SO loan, the applicant must be a TA grantee 
that is currently operating in a satisfactory manner under a TA grant 
agreement. If the SO loan applicant has applied for TA funds but is not 
already a TA grantee and it appears that the TA grant will be made, the 
SO loan may be approved but not closed until the TA grant is closed.

                           III. Loan Purposes

    Loans may be made only as necessary to enable eligible applicants to 
establish revolving accounts with which to obtain options on land that 
will be needed as building sites by self-help families participating in 
the TA self-help housing program. Loans will not be made to pay the full 
purchase price of land but only for the minimum amounts necessary to 
obtain an option from the seller. The option should be for as long as 
necessary but in no case should the option be for less than 90 days.

                             IV. Limitations

    (A) If the amount of an SO loan will exceed $10,000, the prior 
consent of the National Office shall be obtained before approval.
    (B) The amount of the SO loan should not exceed 15 percent of the 
purchase price of the land expected to be under option at any one time, 
unless a higher percent is authorized by the State Director when other 
land in not available or the particular area requires more down payment 
than elsewhere or similar circumstances exist.
    (C) Form FmHA or its successor agency under Public Law 103-354 440-
34, ``Option to Purchase Real Property,'' will be used without 
modification in all cases for obtaining options under this subpart.
    (D) The limitations of Sec.  1822.266(b) (1) and (2) of subpart F of 
part 1822 of this chapter (FmHA Instruction 444.8, paragraphs VI B (1) 
and (2)) concerning land purchase will apply to options purchased under 
this subpart.

                           V. Rates and Terms

    (A) Interest. Loans will be made at an interest rate of 3 percent.
    (B) Repayment period. Each SO loan will be repaid in one installment 
which will include the entire principal balance and accrued interest. 
The maximum repayment period for each SO loan will be the applicant's 
remaining TA grant funding period.
    (1) A shorter repayment period will be established if SO funds will 
not be needed for the entire TA grant funding period.
    (2) If a regular RHS loan is to be processed, the SO loan should be 
scheduled for repayment when RHS loan funds will be available to 
purchase the land and repay the amount of SO funds advanced on the 
option, unless SO loan funds will still be needed to purchase other 
options. Under no circumstances, however, will the repayment period 
exceed the applicant's remaining TA grant funding period.

                       VI. Processing Application

    (A) Form of application: The application for assistance will be in 
the form of a letter to the FmHA or its successor agency under Public 
Law 103-354 County Supervisor having jurisdiction over the area of the 
proposed site to be optioned. The letter will be signed by the applicant 
or its authorized representative and contain, as a minimum, the 
following information:
    (1) A copy of the proposed option that shows a legal description of 
the land, option price, purchase price, and terms of the option. If more 
than one site is to be purchased, a schedule of the proposed options 
should be included.
    (2) Information to verify that a regular RHS loan cannot be 
processed in time to secure the option.
    (3) Proposed method repayment of the SO loan.
    (4) Resolution from the applicant's governing body authorizing the 
application for an SO loan from FmHA or its successor agency under 
Public Law 103-354.
    (B) Responsibility of the County Supervisor. Upon receipt of an SO 
loan application, the County Supervisor will:
    (1) Determine whether the applicant is eligible. If the applicant is 
not eligible, or the loan cannot be made for other reasons, the 
application may be rejected by the County Supervisor with the 
concurrence of the District Director. The reasons for the rejection 
should be clearly stated and provided, in writing to the applicant. The 
applicant will have the right to have the decision reviewed following 
the procedure established in subpart B of part 1900 of this chapter.
    (2) Review and verify the accuracy of the information provided.
    (3) Make an inspection and a memorandum appraisal of each proposed 
site ``as is.'' The appraisal will include a narrative statement as to 
whether the site has been recently sold, verify that the seller is the 
owner of the property, and indicate whether the purchase price is 
acceptable based on the selling price of similar properties in the area.
    (4) Indicate whether or not it appears that, considering the 
location and cost of development, adequate building sites can be 
provided at reasonable costs.
    (5) If the option is for a tract of land on which 5 or more sites 
are proposed, the County Supervisor will forward to the District 
Director with recommendations as defined in Sec.  1924.119 of subpart C 
of part 1924 of this chapter.

[[Page 162]]

    (6) If approval is recommended, prepare and have the applicant 
execute Form FmHA or its successor agency under Public Law 103-354 1940-
1, ``Request for Obligation of Funds,'' for the amount needed. Copies of 
the form will be distributed as provided in the Forms Manual Insert 
(FMI).
    (7) Forward the SO loan application and the applicant's TA 
application or TA docket to the State Director. The submission will 
include the appraisal report and the County Supervisor's comments and 
recommendations.

          VII. Loan Approval Authority and State Office Actions

    The State Director is authorized to approve SO loans developed in 
accordance with this exhibit. The approval or disapproval of the loan 
will be handled in the same manner as provided in Sec.  1822.272 of 
subpart F of part 1822 of this chapter (FmHA Instruction 444.8, 
paragraph XII). SO loans will be established in Automated Multiple 
Housing Accounting System (AMAS) using Form RD 3560-51, ``Multiple 
Family Housing Obligation Fund Analysis''. The Issue loan/Grant checks 
transaction will be used to request a check for SO loans.

                           VIII. Loan Closing

    (A) General. Loan closing instructions will be provided by the 
Office of the General Counsel (OGC) to assure that the Promissory Note 
is properly completed and executed. The County Supervisor may then close 
the loan.
    (B) Security for the loan. The loan will be secured by a Promissory 
Note properly executed by the grantee using Form FmHA or its successor 
agency under Public Law 103-354 1940-16, ``Promissory Note.'' A lien on 
the optioned real estate will not be taken.
    (1) The ``kind of loan'' block on the note will read ``SO loan.''
    (2) The note will be modified to show that the only installment on 
the loan will be the final installment.
    (C) Loan is closed. The loan will be considered closed when the note 
is executed and the loan check delivered to the grantee.

             IX. Establishment of SO Loan Revolving Account

    (A) Supervised bank accounts will not be used for SO loans.
    (B) Grantee will deposit SO loan funds in a depository institution 
of its choice. The use of minority institutions is encouraged. Such 
funds will remain separate from any other account of the grantee and 
shall be established as an SO revolving account.
    (C) Checks drawn on the revolving account will be for the sole 
purpose of purchasing land options and must be signed by at least two 
authorized officials of the grantee who have been properly bonded in 
accordance with Sec.  1944.411 (e) and (g) of this subpart.
    (D) Grantees will not expend funds for any options until the site 
and the option form have been reviewed and approved by the County 
Supervisor.
    (1) SO funds will not be left unused in the revolving account in 
excess of 60 days.
    (2) If the funds are not used for the intended purpose within the 60 
days specified above, the unused portion will be refunded on the 
account.
    (E) When funds become available for repayment of the SO loan, such 
funds will be deposited in the revolving account for the purchase of 
additional site options if needed. If such funds are not needed to 
purchase more options, they will be applied on the SO loan.

                           X. Source of Funds

    SO loans will be funded from the self-help housing land development 
fund.

[55 FR 41833, Oct. 16, 1990, as amended at 69 FR 69105, Nov. 26, 2004; 
79 FR 76010, Dec. 19, 2014]

Subpart J [Reserved]



          Subpart K_Technical and Supervisory Assistance Grants

    Source: 44 FR 36891, June 22, 1979, unless otherwise noted.



Sec.  1944.501  General.

    (a) This subpart sets forth the policies and procedures for making 
grants under section 525(a) of the Housing Act of 1949, 42 U.S.C. 
1490e(a), to provide funds to eligible applicants to conduct programs of 
technical and supervisory assistance (TSA) for low-income rural 
residents to obtain and/or maintain occupancy of adequate housing. Any 
processing or servicing activity conducted pursuant to this subpart 
involving authorized assistance to Rural Development employees, members 
of their families, known close relatives, or business or close personal 
associates, is subject to the provisions of subpart D of part 1900 of 
this chapter. Applicants for this assistance are required to identify 
any known relationship or association with a Rural Development employee. 
This financial assistance may pay part or all of the cost of developing, 
conducting, administering, or coordinating effective and comprehensive 
programs of technical and supervisory assistance which will aid needy

[[Page 163]]

low-income individuals and families in benefiting from federal, state, 
and local programs in rural areas.
    (b) Rural Development will provide technical and supervisory grant 
assistance to applicants without discrimination because of race, color, 
religion, sex, national origin, age, marital status, or physical or 
mental handicap.

[44 FR 36891, June 22, 1979, as amended at 58 FR 228, Jan. 5, 1993]



Sec.  1944.502  Policy.

    (a) The policy of the Rural Development is to provide Technical and 
Supervisory Assistance to eligible applicants to do the following:
    (1) Provide homeownership and financial counseling to reduce both 
the potential for delinquency by loan applicants and the level of 
payment delinquency by present Rural Development housing loan borrowers; 
and
    (2) Facilitate the delivery of housing programs to serve the most 
needy low-income families in rural areas of greatest need for housing.
    (b) Rural Development intends to fund projects which include 
counseling and delivery of housing programs.
    (c) State Directors are given a strong role in the selection of 
grantees so this program can complement Rural Development's policies of 
targeting Rural Development resources to areas of greatest need within 
their States.
    (d) Rural Development expects grant recipients to implement a TSA 
program and not to use TSA funds to prepare housing plans and strategies 
except as necessary to accomplish the specific objectives of the TSA 
project.



Sec.  1944.503  Objectives.

    The objectives of the TSA Grant Program are to assist low-income 
rural families in obtaining adequate housing to meet their family's 
needs and/or to provide the necessary guidance to promote their 
continued occupancy of already adequate housing. These objectives will 
be accomplished through the establishment or support of housing delivery 
and counseling projects run by eligible applicants. This program is 
intended to make use of any available housing program which provides the 
low-income rural resident access to adequate rental properties or 
homeownership.



Sec. Sec.  1944.504-1944.505  [Reserved]



Sec.  1944.506  Definitions.

    References in this subpart to County, District, State, National and 
Finance Offices and to County Supervisor, District Director, State 
Director, and Administrator refer to Rural Development offices and 
officials and should be read as prefaced by Rural Development. Terms 
used in this subpart have the following meanings:
    (a) Adequate housing. A housing unit of adequate size and design to 
meet the specific needs of low-income families and the requirements 
governing the particular housing program providing the services or 
financial assistance.
    (b) Applicant or grantee. Any eligible organization which applies 
for or receives TSA funds under a grant agreement.
    (c) Grant agreement. The contract between Rural Development and the 
applicant which sets forth the terms and conditions under which TSA 
funds will be made available.
    (d) Low-income family. Any household, including those with one 
member, whose adjusted annual income, computed in accordance with 7 CFR 
part 3550, subpart B, does not exceed the maximum low-income limits 
specified in Appendix 9 of HB-1-3550 (available in any Rural Development 
office).
    (e) Organization. (1) Public or private nonprofit corporations, 
agencies, institutions, Indian tribes, and other associations.
    (2) A private nonprofit corporation with local representation from 
the area being served that is owned and controlled by private persons or 
interests and is organized and operated by private persons or interests 
for purposes other than making gains or profits for the corporation and 
is legally precluded from distributing any gains or profits to its 
members.
    (f) Rural area. The definition in 7 CFR part 3550 applies.
    (g) Sponsored applicant. An eligible applicant which has a 
commitment of financial and/or technical assistance to apply for the TSA 
program and to implement such a program from a state,

[[Page 164]]

county, municipality, or other governmental entity or public body.
    (h) Supervisory assistance. Any type of assistance to low-income 
families which will assist those families in meeting the eligibility 
requirements for, or the financial and managerial responsibilities of, 
homeownership or tenancy in an adequate housing unit. Such assistance 
must include, but is not limited to, the following activities:
    (1) Assisting individual Rural Development borrowers with financial 
problems to overcome delinquency and/or prevent foreclosure and 
assisting new low-income applicants to avoid financial problems through:
    (i) Financial and budget counseling including advice on debt levels, 
credit purchases, consumer and cost awareness, debt adjustment 
procedures, and availablity of other financial counseling services;
    (ii) Monitoring payment of taxes and insurance;
    (iii) Home maintenance and management; and
    (iv) Other counseling based on the needs of the low-income families.
    (2) Contracting and assisting low-income families in need of 
adequate housing by:
    (i) Implementing an organized outreach program using available media 
and personal contacts;
    (ii) Explaining available housing programs and alternatives to 
increase the awareness of low-income families and to educate the 
community as to the benefits which can accrue from improved housing;
    (iii) Assisting low-income families locate adequate housing;
    (iv) Providing construction supervision, training, and guidance to 
low-income families not involved in mutual self-help projects who are 
otherwise being assisted by the TSA project;
    (v) Organizing local public or private nonprofit groups willing to 
provide adequate housing for low-income families; and
    (vi) Providing assistance to families and organizations in 
processing housing loan and/or grant applications generated by the TSA 
program, including developing and packaging such applications for new 
construction, rehabilitation, or repair to serve low-income families.
    (i) Technical assistance. Any specific expertise necessary to carry 
out housing efforts by or for low-income families to improve the 
quantity and/or quality of housing available to meet their needs. Such 
assistance should be specifically related to the supervisory assistance 
provided by the project, and may include, as appropriate, the following 
activities:
    (1) Develop, or assist eligible applicants to develop, multi-housing 
loan and/or grant applications for new construction, rehabilitation, or 
repair to serve low-income families.
    (2) Market surveys, engineering studies, cost estimates, and 
feasibility studies related to applications for housing assistance to 
meet the specific needs of the low-income families assisted under the 
TSA program.

[44 FR 36891, June 22, 1979, as amended at 46 FR 61990, Dec. 21, 1981; 
50 FR 39967, Oct. 1, 1985; 51 FR 6393, Feb. 26, 1986; 59 FR 7193, Feb. 
15, 1994; 67 FR 78328, Dec. 24, 2002]



Sec. Sec.  1944.507-1944.509  [Reserved]



Sec.  1944.510  Applicant eligibility.

    To be eligible to receive a grant, the applicant must:
    (a) Be an organization as defined in Sec.  1944.506(e).
    (b) Have the financial, legal, administrative, and operational 
capacity to assume and carry out the responsibilities imposed by the 
grant agreement. To meet this requirement of actual capacity, it must 
either:
    (1) Have necessary background and experience with proven ability to 
perform responsibly in the field of low-income rural housing development 
and counseling, or other business management or administrative 
experience which indicates an ability to provide responsible technical 
and supervisory assistance; or
    (2) Be assisted by an organization which has such background 
experience and ability and which agrees in writing that it will provide, 
without charge, the assistance the applicant will need to carry out its 
responsibilities.
    (c) Legally obligate itself to administer TSA funds, provide an 
adequate accounting of the expenditure of such

[[Page 165]]

funds, and comply with the grant agreement and Rural Development 
regulations;
    (d) Demonstrate an understanding of the needs of low-income rural 
families;
    (e) Have the ability and willingness to work within established 
guidelines; and
    (f) If the applicant is engaged in or plans to become engaged in any 
other activities, it must be able to provide sufficient evidence and 
documentation that it has adequate resources, including financial 
resources, to carry on any other programs or activities to which it is 
committed without jeopardizing the success and effectiveness of its TSA 
project.



Sec.  1944.511  [Reserved]



Sec.  1944.512  Authorized representative of the applicant.

    Rural Development will deal only with authorized representatives 
designed by the applicant. The authorized representatives must have no 
pecuniary interest in any of the following as they would relate in any 
way to the TSA grant: the award of any engineering, architectural, 
management, administration, or construction contracts; purchase of the 
furnishings, fixtures or equipment; or purchase and/or development of 
land.

    Note: Rural Development has designated the District Office as the 
primary point of contact for all matters relating to the TSA program and 
as the office responsible for the administration of approved TSA 
projects.



Sec.  1944.513  [Reserved]



Sec.  1944.514  Comprehensive TSA grant projects.

    (a) The rural area to be covered by the TSA project must be 
realistically serviceable by the applicant in terms of funding 
resources, manpower, and distances and generally should be limited to 
one to four counties within the service area of one District Office.
    (b) Consideration of the following items may assist applicants 
develop TSA projects which meet the needs of low-income families in the 
proposed TSA service area: present population distribution, projected 
population growth or decline, the amount of inadequate housing, economic 
conditions, and trends of the rural areas concerned, and any other 
factors affecting the quantity and quality of housing currently 
available or planned for the area. Consideration must also be given to 
the needs and desires of the community; the financial and social 
condition of the individuals within the community; the needs of areas 
with a concentration of low-income minority families and the needs of 
Rural Development borrowers who are delinquent in their housing loan 
payments; the availability of supporting services such as water, 
sewerage, health and educational facilities, transportation, 
recreational and community facilities, and the types of housing 
facilities and services presently available or planned to which the low-
income families have or will have ready access.
    (c) Each TSA applicant should consider the alternatives available to 
provide needed housing facilities and services for the area. 
Consideration should also be given to the recommendations and services 
available from local, state, federal governmental entities, and from 
private agencies and individuals.
    (1) In no case should the TSA project deliberately conflict with or 
duplicate housing studies, plans, projects, or any other housing related 
activities in a rural area unless documentation shows these activities 
do not meet the needs of low-income families.
    (2) Each TSA project should be coordinated to the extent possible 
with any comprehensive or special purpose plans and projects affecting 
low-income housing in the area.
    (3) To the fullest extent possible, TSA projects should be 
coordinated with any housing-related activities currently being carried 
out in the area.
    (d) TSA applicants must coordinate their proposals with the 
appropriate County and District Offices to be fully familiar with the 
needs of those offices and of the low-income families currently served 
by the County Offices.



Sec.  1944.515  [Reserved]



Sec.  1944.516  Grant purposes.

    Grant funds are to be used for a housing delivery system and 
counseling program to include a comprehensive

[[Page 166]]

program of technical and supervisory assistance as set forth in the 
grant agreement and any other special conditions as required by Rural 
Development. Uses of grant funds may include, but are not limited to:
    (a) The development and implementation of a program of technical and 
supervisory assistance as defined in Sec.  1944.506 (h) and (i).
    (b) Payment of reasonable salaries of professional, technical, and 
clerical staff actively assisting in the delivery of the TSA project.
    (c) Payment of necessary and reasonable office expenses such as 
office supplies and office rental, office utilities, telephone services, 
and office equipment rental.
    (d) Payment of necessary and reasonable administrative costs such as 
workers' compensation, liability insurance, audit reports, travel to and 
attendance at Rural Development approved training sessions, and the 
employer's share of Social Security and health benefits. Payments to 
private retirement funds are prohibited unless prior written 
authorization is obtained from the Administrator.
    (e) Payment of reasonable fees for necessary training of grantee 
personnel. This may include the cost of travel and per diem to attend 
regional training sessions when authorized by the State Director.
    (f) Other reasonable travel and miscellaneous expenses necessary to 
accomplish the objectives of the specific TSA grant which were 
anticipated in the individual TSA grant proposal and which have been 
included as eligible expenses at the time of grant approval.



Sec.  1944.517  [Reserved]



Sec.  1944.518  Term of grant.

    TSA projects will be funded under one Grant Agreement for two years 
commencing on the date of execution of the Agreement by the State 
Director.



Sec.  1944.519  [Reserved]



Sec.  1944.520  Ineligible activities.

    (a) Grant funds may not be used for:
    (1) Acquisition, construction, repair, or rehabilitation of 
structures or acquisition of land, vehicles, or equipment.
    (2) Replacement of or substitution for any financial support which 
would be available from any other source.
    (3) Duplication of current services in conflict with the 
requirements of Sec.  1944.514(c).
    (4) Hiring personnel to perform construction.
    (5) Buying property of any kind from families receiving technical or 
supervisory assistance from the grantee under the terms of the TSA 
grant.
    (6) Paying for or reimbursing the grantee for any expenses or debts 
incurred before Rural Development executes the grant agreement.
    (7) Paying any debts, expenses, or costs which should be the 
responsibility of the individual families receiving technical and 
supervisory assistance.
    (8) Any type of political activities.
    (9) Other costs including contributions and donations, 
entertainment, fines and penalties, interest and other financial costs, 
legislative expenses and any excess of cost from other grant agreements.
    (b) Advice and assistance may be obtained from the National Office 
where ineligible costs are proposed as part of the TSA project or where 
a proposed cost appears ineligible.
    (c) The grantee may not charge fees or accept compensation or 
gratuities from TSA recipients for the grantee's assistance under this 
program.



Sec.  1944.521  [Reserved]



Sec.  1944.522  Equal opportunity requirements.

    The policies and regulations contained in subpart E of part 1901 of 
this chapter apply to grants made under this subpart.



Sec.  1944.523  Other administrative requirements.

    The following policies and regulations apply to grants made under 
this subpart:
    The policies of 7 CFR part 1970 apply to grants made under this 
subpart regarding historic properties and environmental compliance.

[81 FR 11031, Mar. 2, 2016]

[[Page 167]]



Sec.  1944.524  [Reserved]



Sec.  1944.525  Targeting of TSA funds to States.

    (a) The Administrator will determine, based on the most current 
available information (generally that information used to determine the 
allocation to States of Rural Development housing loan funds), those 
States with the highest degree of substandard housing and persons in 
poverty in rural areas eligible to receive Rural Development housing 
assistance. The Administrator will distribute a portion of the available 
funds for TSA to these States, leaving the balance available for 
national competition.
    (b) The Administrator will provide annual notice through a published 
Notice on the distribution of appropriated TSA funds, the number of 
preapplications to be submitted to the National Office from the State 
Offices, and the maximum grant amount per project.



Sec.  1944.526  Preapplication procedure.

    (a) Preapplication submission. (1) All applicants will file an 
original and two copies of SF 424.1, ``Application for Federal 
Assistance (For Non-construction),'' and supporting information detailed 
below with the appropriate District Office serving the proposed TSA 
area. A preapplication packet including SF 424.1 is available in all 
District and State Offices.
    (i) The applicant will provide informational copies of the 
preapplication to the County Supervisor(s) of the area to be served by 
the TSA project at the time of submittal to the appropriate District 
Office.
    (ii) If the TSA area encompasses more than one District Office, the 
preapplication will be filed at the District Office which serves the 
area in which the grantee will provide the greatest amount of TSA 
efforts. Additional informational copies of the preapplication will be 
sent by the applicant to the other affected District Office(s).
    (2) All preapplications shall be accompanied by the following 
information which will be used to determine the applicant's eligibility 
to undertake a TSA program and to determine whether the applicant might 
be funded.
    (i) A narrative presentation of the applicant's proposed TSA 
program, including:
    (A) The technical and supervisory assistance to be provided;
    (B) The time schedule for implementing the program;
    (C) The staffing pattern to execute the program and salary range for 
each position, existing and proposed;
    (D) The estimated number of low-income and low-income minority 
families the applicant will assist in obtaining affordable adequate 
housing;
    (E) The estimated number of Rural Development borrowers who are 
delinquent or being foreclosed that the applicant will assist in 
resolving their financial problems relating to their delinquency;
    (F) The estimated number of households which will be assisted in 
obtaining adequate housing in the TSA area through new construction and/
or rehabilitation;
    (G) Annual estimated budget for each of the two years based on the 
financial needs to accomplish the objectives outlined in the proposal. 
The budget should include proposed direct and indirect costs for 
personnel, fringe benefits, travel, equipment, supplies, contracts, and 
other costs categories, detailing those costs for which the grantee 
proposes to use the TSA grant separately from non-TSA resources, if any;
    (H) The accounting system to be used;
    (I) The method of evaluation proposed to be used by the applicant to 
determine the effectiveness of its program;
    (J) The sources and estimated amounts of other financial resources 
to be obtained and used by the applicant for both TSA activities and 
housing development and/or supporting facilities; and
    (K) Any other information necessary to explain the manner of 
delivering the TSA assistance proposed.
    (ii) Complete information about the applicant's previous experience 
and capacity to carry out the objectives of the proposed TSA program;
    (iii) Evidence of the applicant's legal existence, including, in the 
case of a

[[Page 168]]

private nonprofit organization, a copy of, or an accurate reference to, 
the specific provisions of State law under which the applicant is 
organized; a certified copy of the applicant's Articles of Incorporation 
and Bylaws or other evidence of corporate existence; certificate of 
incorporation for other than public bodies; evidence of good standing 
from the State when the corporation has been in existence one year or 
more; the names and addresses of the applicant's members, directors, and 
officers; and, if another organization is a member of the applicant-
organization, its name, address, and principal business.
    (iv) For a private nonprofit entity, a current financial statement 
dated and signed by an authorized officer of the entity showing the 
amounts and specific nature of assets and liabilities together with 
information on the repayment schedule and status of any debt(s) owed by 
the applicant. If the applicant is an organization being assisted by 
another private nonprofit organization, the same type of financial 
statement should also be provided by that organization.
    (v) A brief narrative statement which includes information about the 
area to be served and the need for improved housing (including both 
percentage and actual number of both low-income and low-income minority 
families and substandard housing), the need for the type of technical 
and supervisory assistance being proposed, the method of evaluation to 
be use by the applicant in determining the effectiveness of its efforts 
(as related to paragraph (a)(2)(i) of this section), and any other 
information necessary to specifically address the selection criteria in 
Sec.  1944.529.
    (vi) A list of other activities the applicant is engaged in and 
expects to continue and a statement as to any other funding and whether 
it will have sufficient funds to assure continued operation of the other 
activities for at least the period of the TSA grant agreement.
    (3) An applicant should submit written statements from the county, 
parish, or township governments of the area affected that the project is 
beneficial and does not duplicate current activities. If the local 
governmental units will not provide such statements, the applicant will 
prepare and include with its preapplication a summary of its analysis of 
alternatives considered under Sec.  1944.514(c). However, Indian 
nonprofit organization applicants should obtain the written concurrence 
of the Tribal governing body in lieu of the concurrence of the county 
governments.
    (4) Sponsored applicants should submit a written commitment for 
financial and/or technical assistance from their sponsoring entity.
    (5) Environmental review documentation in accordance with 7 CFR part 
1970.
    (b) District Office processing of preapplications. (1) The District 
Director with whom the preapplication is filed will review the 
preapplication, SF 424.1, and any other supporting information from the 
applicant. The District Director will also:
    (i) Complete any required environmental review documentation in 
accordance with 7 CFR part 1970, and attach to the application.
    (ii) Complete an historical and archaeological review in accordance 
with 7 CFR part 1970, and attach to the application.
    (2) All District Directors and County Supervisors receiving 
informational copies of the preapplication should submit their comments 
within five working days to the District Director with whom the 
preapplication if filed.
    (3) The original and one copy of the preapplication, together with 
the District Director's written comments and recommendations, reflecting 
the criteria used in Sec.  1944.529 and exhibit C of this subpart, will 
be forwarded to the State Director within ten working days of receipt of 
the preapplication.
    (c) State Office processing of preapplications. (1) Upon receipt of 
a preapplication, the State Office will review and evaluate the 
preapplication and accompanying documents in accordance with the project 
selection criteria of Sec.  1944.529 and exhibit B of this subpart. The 
State Office will also:
    (i) Make a determination regarding the appropriate level of 
environmental review in accordance with 7 CFR part 1970.

[[Page 169]]

    (ii) Complete an historical and archaeological review in accordance 
with 7 CFR part 1970, and attach to the application.
    (2) Within 30 days of the closing date for receipt of 
preapplications as published in the Federal Register, the State Director 
will forward to the National Office the original preapplication(s) and 
supporting documents of the selected applicant(s), including any 
comments received in accordance with 2 CFR part 200 as adopted by USDA 
through 2 CFR part 400. See RD Instruction 1970-I available in any Rural 
Development Office and the comments and recommendations of the County 
Office(s), District Office(s), and the State Office. The State Office 
will submit the preapplication(s) in accordance with the annual notice 
provided for by Sec.  1944.525 (b).
    (3) Concurrently the State Office will send a copy of the selected 
applicant's(s') SF 424.1 and relevant documents to the Regional Office 
of the General Counsel (OGC) requesting a legal determination be made of 
the applicant's legal existence and authority to conduct the proposed 
program of technical and supervisory assistance.
    (4) The State Office will notify other applicants that their 
preapplications will not selected and advise them of their appeal rights 
under subpart B of part 1900 of this chapter.
    (d) National Office processing of preapplications. (1) 
Preapplications for this program from those States targeted under Sec.  
1944.525 will be reviewed by the National Office for completeness and 
compliance with this subpart. If a grant is recommended, the National 
Office will return the preapplication(s) with any comments and 
recommendations to the State Office and advise that office to proceed 
with the issuance of Form AD-622, ``Notice of Preapplication Review 
Action,'' and to request the applicant to prepare SF 424.1 for 
submission to the District Office. If a grant is not recommended, the 
National Office will advise the State Office of action to take.
    (2) Preapplications from States which are not targeted in accordance 
with Sec.  1944.525 will be reviewed for completeness and compliance 
with this subpart and then evaluated in accordance with the project 
selection criteria of Sec.  1944.529. Those preapplications which are 
selected, and for which funds are available, will be returned to the 
appropriate State Office with any National Office comments and 
recommendations. The State Office will be advised to proceed with the 
issuance of SF 424.1 and to request the applicant to prepare Form AD-623 
for submission to the District Office as detailed in Sec.  1944.531.
    (3) Those preapplications for which funds are not available will be 
returned to the appropriate State Office which will notify each 
applicant and advise the applicant of its appeal rights under subpart B 
of part 1900 of this chapter.
    (4) State Directors will be advised of the National Office's action 
on their selected preapplication within 30 days of receipt of all 
preapplications.

[47 FR 40400, Sept. 14, 1982, as amended at 48 FR 29121, June 24, 1983; 
49 FR 3763, Jan. 30, 1984; 55 FR 13503, 13504, Apr. 11, 1990; 55 FR 
50081, Dec. 4, 1990; 76 FR 80730, Dec. 27, 2011; 79 FR 76010, Dec. 19, 
2014; 81 FR 11031, Mar. 2, 2016]



Sec.  1944.527  [Reserved]



Sec.  1944.528  Preapplication submission deadline.

    Dates governing the review and selection of TSA grant 
preapplications will be published annually in the Federal Register. 
Preapplications received after that time will not be considered for 
funding. For use of fiscal year 1979 funds, the deadline for submission 
of preapplications will be 45 calendar days from date of publication of 
final regulations.



Sec.  1944.529  Project selection.

    (a) Projects must meet the following criteria:
    (1) Provide a program of supervisory assistance as defined in Sec.  
1944.506(h), and
    (2) Serve areas with a concentration of substandard housing and low-
income and low-income minority households.
    (b) In addition to the items listed in paragraph (a) of this 
section, the following criteria will be considered in the selection of 
grant recipients:
    (1) The extent to which the project serves areas with concentrations 
of

[[Page 170]]

Rural Development single family housing loan borrowers who are 
delinquent in their housing loan payments and/or threatened with 
foreclosure.
    (2) The capability and past performance demonstrated by the 
applicant in administering its programs.
    (3) The effectiveness of the current efforts by the applicant to 
assist low-income families in obtaining adequate housing.
    (4) The extent to which the project will provide or increase the 
delivery of housing resources to low-income and low-income minority 
families in the area who are not currently occupying adequate housing.
    (5) The services the applicant will provide that are not presently 
available to assist low-income families in obtaining or maintaining 
occupancy of adequate housing and the extent of duplication of technical 
and supervisory assistance activities currently provided for low-income 
families.
    (6) The extent of citizen and local government participation and 
involvement in the development of the preapplication and project.
    (7) The extent of planned coordination with other Federal, State, or 
local technical and/or supervisory assistance programs.
    (8) The extent to which the project will make use of other financial 
and contributions-in-kind resources for both technical and supervisory 
assistance and housing development and supporting facilities.
    (9) Any comments received in accordance with 2 CFR part 200 as 
adopted by USDA through 2 CFR part 400. See RD Instruction 1970-I, 
available in any Rural Development Office.
    (10) The extent to which the project will be cost effective, 
including but not limited to the ratio of personnel to be hired by the 
applicant to the cost of the project, the cost, both direct and 
indirect, per person benefiting from the project, and the expected 
benefits to low-income families from the project.
    (11) The extent to which the proposed staff and salary ranges, 
including qualifications, experience, proposed hiring schedule and 
availability of any prospective employees, will meet the objectives of 
the proposed TSA program.
    (12) The anticipated capacity of the applicant to implement the 
proposed time schedule for starting and completing the TSA program and 
each phase thereof.
    (13) The adequacy of the records and practices, including personnel 
procedures and practices, that will be established and maintained by the 
applicant during the term of the agreement.
    (c) Among the projects proposed by private nonprofit entities, 
preference will be given to sponsored applicants.

[47 FR 40400, Sept. 14, 1982, as amended at 48 FR 29121, June 24, 1983; 
76 FR 80731, Dec. 27, 2011; 79 FR 76011, Dec. 19, 2014]



Sec.  1944.530  [Reserved]



Sec.  1944.531  Applications submission.

    (a) Upon notification that the applicant has been tentatively 
selected for funding, the State Office will forward to the applicant a 
signed Form AD-622 and provide SF 424.1 with instructions to the 
applicant for preparation of an application.
    (b) Upon receipt of Form AD-622, the applicant will submit an 
application in an original and 2 copies on Form SF 424.1, and provide 
whatever additional information is requested to the District Office 
within 30 days.
    (c) Upon receipt of an application on SF 424.1 by the District 
Office, a docket shall be assembled which will include the following:
    (1) Form SF 424.1 and the information submitted in accordance with 
Sec.  1944.526(a)(2).
    (2) Form AD-622.
    (3) Any comments received in accordance with 2 CFR part 200 as 
adopted by USDA through 2 CFR part 400. See RD Instruction 1970-I, 
available in any Rural Development Office.
    (4) SF 424.1.
    (5) OGC legal determination made pursuant to Sec.  1944.526(c)(3).
    (6) Grant Agreement.
    (7) Form RD 1940-1, ``Request for Obligation of Funds.''
    (8) Form RD 400-1, ``Equal Opportunity Agreement.''
    (9) Form RD 400-4, ``Assurance Agreement.''

[[Page 171]]

    (10) Environmental review documentation and historical and 
archaeological review in accordance with 7 CFR part 1970.
    (11) The detailed budget for the agreement period based upon the 
needs outlined in the proposal and the comments and recommendations by 
Rural Development.

[47 FR 40400, Sept. 14, 1982, as amended at 48 FR 29121, June 24, 1983; 
49 FR 3763, Jan. 30, 1984; 55 FR 13503, 13504, Apr. 11, 1990; 76 FR 
80731, Dec. 27, 2011; 79 FR 76011, Dec. 19, 2014; 81 FR 11031, Mar. 2, 
2016]



Sec.  1944.532  [Reserved]



Sec.  1944.533  Grant approval and announcement.

    Grant approval and announcement will be accomplished under the 
following procedure. The Administrator may modify this section if 
necessary to obligate funds in a timely and efficient manner.
    (a) The District Office will review the docket to determine whether 
the application complies with these regulations and is consistent with 
the information and supporting documents submitted with the 
preapplication and any comments and recommendations of the State and 
National Offices.
    (b) If major problems occur during the development of the docket, 
the District Office will call upon the State Office for assistance.
    (c) If a grant is recommended, Form RD 1940-1 and the Grant 
Agreement will be prepared by the District Office and forwarded to the 
applicant for signature as authorized in its authorizing resolution. 
Exhibit A, Grant Agreement, is a part of these regulations.
    (d) When Form RD 1940-1 and the Grant Agreement are received from 
the applicant and signed by the applicant, the docket will be forwarded 
to the State Director.
    (e) Exhibit A to RD Instruction 2015-C (available in any FmHA or its 
successor agency under Public Law 103-354 office) will be prepared and 
sent to the Director, Legislative and Public Affairs Staff (LAPAS), in 
the Rural Development National Office.
    (f) If the State Director approves the project, the following 
actions will be taken in the order listed:
    (1) The State Director, or the State Director's designee, will 
telephone the Finance Office Check Request Station requesting that grant 
funds for a particular project be obligated. Immediately after 
contacting the Finance Office, the requesting official will furnish the 
requesting office's security identification code. Failure to furnish the 
security code will result in the rejection of the request for 
obligation. After the security code is furnished, the required 
information from Form RD 1940-1 will be furnished to the Finance Office. 
Upon receipt of the telephone request for obligation of funds, the 
Finance Office will record all information necessary to process the 
request for obligation in addition to the date and time of the request.
    (2) The individual making the request will record the date and time 
of the request and sign section 37 of Form RD 1940-1.
    (i) The Finance Office will notify the State Office by telephone 
when funds are reserved and of the date of obligation. If funds cannot 
be reserved for a project, the Finance Office will notify the State 
Office that funds are not available. The obligation date will be the 
date the request for obligation is processed.
    (ii) The Finance Office will terminally process telephone obligation 
requests. Those requests received prior to 2:30 p.m. Central Time will 
be processed on the date of the request. Those requests received after 
2:30 p.m., to the extent possible, will be processed on the day 
received; however, there may be instances where the obligation will be 
processed on the next working day.
    (iii) The Finance Office will mail Form RD 440-57, ``Acknowledgement 
of Obligated Funds/Check Request,'' to the State Director, confirming 
the reservation of funds with the obligation date inserted as required 
by Item 9 on the Forms Manual Insert (FMI) for Form RD 440-57.
    (iv) Form RD 1940-1 will not be mailed to the Finance Office.
    (3) The State Director will notify the Director of Information in 
the National Office with a recommendation that the project announcement 
be released.
    (4) An executed form RD 1940-1 will be sent to the applicant along 
with an

[[Page 172]]

executed copy of the Grant Agreement and scope of work 6 working days 
from the date funds are obligated.
    (i) The actual date of applicant notification will be entered on the 
original of Form RD 1940-1 and the original of the form will be included 
as a permanent part of the file.
    (ii) Standard Form 270, ``Request for Advance or Reimbursement,'' 
will be sent to the applicant for completion and returned to Rural 
Development.
    (5) If it is determined that a project will not be funded or if 
major changes in the scope of the project are made after release of the 
approval announcement, the State Director will notify the Administrator 
and the Director, Legislative Affairs and Public Information Staff 
(LAPAS) by telephone or electronic mail, giving the reasons for such 
action. The Director, LAPAS, will inform all parties who were notified 
by the project announcement if the project will not be funded or of 
major changes in the project using the procedure similar to the 
announcement process. Form RD 1940-10, ``Cancellation of U.S. Treasury 
Check and/or Obligation,'' will not be submitted to the Finance Office 
until five working days after notifying the Administrator and the 
Director, LAPAS.
    (6) Upon receipt from the grantee of a properly completed SF-270, 
Form RD 440-57 will be completed and the check request will be called to 
the Finance Office Check Request Station in accordance with the FMI for 
Form RD 440-57.

[44 FR 36891, June 22, 1979, as amended at 47 FR 36415, Aug. 20, 1982; 
48 FR 30946, July 6, 1983; 55 FR 13504, Apr. 11, 1990; 79 FR 55967, 
Sept. 18, 2014]



Sec.  1944.534  [Reserved]



Sec.  1944.535  Cancellation of an approved grant.

    (a) The District Director will prepare Form RD 1940-10, 
``Cancellation of U.S. Treasury Check and/or Obligation,'' in an 
original and two copies (three copies if the technical and supervisory 
assistance (TSA) check has been received in the District Office from the 
Disbursing Office). Form RD 1940-10 will be sent to the State Director 
(original and two copies with the check if the Treasury check is being 
canceled) with the reasons for requesting cancellation.
    (b) If the State Director approves the request for cancellation, he/
she will forward the original request for cancellation (original and one 
copy of Form RD 1940-10 with the check if the Treasury check is being 
canceled) to the Finance Office. If the TSA check is received in the 
District Office, the District Director will return it to the Finance 
Office with an original and one copy of Form RD 1940-10.
    (c) The District Director will notify the applicant of the 
cancellation and, unless the applicant requested the cancellation, its 
right to appeal in accordance with the Rural Development Appeal 
Procedure contained in subpart B of part 1900 of this chapter.

[44 FR 36891, June 22, 1979, as amended at 47 FR 36415, Aug. 20, 1982]



Sec.  1944.536  Grant closing.

    Closing is the process by which Rural Development determines that 
applicable administrative actions have been completed and the Grant 
Agreement is signed. The Grant Agreement (Exhibit A) will be executed by 
the State Director at the time the Form RD 1940-1 and Grant Agreement is 
sent to the Grantee in accordance with Sec.  1944.533 (f)(4). An 
executed original of the Grant Agreement shall be sent to the District 
Director and one copy to the grantee.

[44 FR 36891, June 22, 1979, as amended at 55 FR 13504, Apr. 11, 1990]



Sec.  1944.537  [Reserved]



Sec.  1944.538  Extending and revising grant agreements.

    (a) All requests extending the original grant agreement or revising 
the TSA program must be in writing. Such requests will be processed 
through the District Director. Any such requests will be processed in 
accordance with the processing procedure specified in Sec.  1944.526 (b) 
and (c) of this subpart. The State Office will respond to the applicant 
within 30 days of receipt of the request in the State Office.
    (b) An extension of a grant beyond the two year term may be granted 
by the State Director when:

[[Page 173]]

    (1) There are grant funds remaining and the grantee requests an 
extension at the end of the grant period,
    (2) The grantee has demonstrated its ability to conduct a 
comprehensive program of technical and supervisory assistance in 
accordance with the terms of its grant agreement and in a manner 
satisfactory to Rural Development,
    (3) The grantee is likely to complete the goals outlined in the 
initial proposal,
    (4) There is an unmet need to continue the delivery of the technical 
and supervisory assistance being provided by the grantee, and
    (5) The District Director recommends continuation of the grant until 
the grantee has expended all of the remaining grant funds.
    (c) Upon approval of the extension, the State Director will 
authorize the District Director to amend the ending date of the grant 
agreement and revise the budgets, if necessary, on behalf of the 
Government.
    (d) If the grant agreement must be revised and amended other than by 
extension, including any changes in the scope and objectives of the TSA 
program, the grantee will submit a revised budget and TSA program 
together with any information necessary to justify its requests. Such 
requests will be submitted to the State Director through the District 
Director.
    (e) The State Office will advise the National Office of all requests 
to extend or modify the original grant agreement. Prior concurrence of 
the National Office is not required unless the State Director so 
desires, in which case the State Director will advise the applicant that 
the request has been forwarded to the National Office for concurrence. 
The State Director's recommendation will accompany such requests.
    (f) Exhibit D to this subpart shall be executed upon approval of an 
extension of the grant period, or significant change in either the 
project budget or the objectives of the approved technical and 
supervisory activities.
    (g) If extension or modification is not approved, the State Office 
will notify the applicant in writing of the decision and advise the 
applicant of the appeal procedures under subpart B of part 1900 of this 
chapter.



Sec.  1944.539  [Reserved]



Sec.  1944.540  Requesting TSA checks.

    (a) The initial TSA check may cover the applicant's needs for the 
first calendar month. If the first calendar month is a partial month, 
the check will cover the needs for the partial month and the next whole 
month.
    (b) The initial advance of TSA grant funds may not be requested 
simultaneously with the request for obligation of TSA grant funds. The 
initial advance must be requested on Form RD 440-57 in accordance with 
the FMI after it has been received from the Finance Office indicating 
that funds have been obligated.
    (c) All advances will be requested only after receipt of Standard 
Form 270 from the grantee. The amount requested must be in accordance 
with the detailed budget, including amendments, as approved by Rural 
Development. Standard Form 270 will not be submitted more frequently 
than once every 30 days. In no case will additional funds be advanced if 
the grantee fails to submit required reports or is in violation of the 
grant agreement.



Sec.  1944.541  Reporting requirements.

    (a) Standard Form 269, ``Financial Status Report,'' and a project 
performance report will be required of all grantees on a quarterly 
basis. All grantees shall submit an original and two copies of these 
reports to the District Director. The project performance reports will 
be submitted not later than January 15, April 15, July 15, and October 
15 of each year.
    (b) As part of the grantee's preapplication submission required by 
Sec.  1944.526(a)(2)(i), the grantee established the objectives of its 
TSA program including the estimated number of low-income families to be 
assisted by the TSA program and established its method of evaluation to 
determine the effectiveness of its program. The project performance 
report should relate the activities during the report period to the 
project's objectives and analyze the effectiveness of the program. 
Accordingly, the report should

[[Page 174]]

include, but need not be limited to the following:
    (1) A comparison of actual accomplishments to the objectives 
established for that period, including:
    (i) The number of low-income families assisted in improving their 
housing conditions or in obtaining affordable adequate housing.
    (ii) The number of Rural Development borrowers who were delinquent 
or being foreclosed who were assisted in resolving their financial 
problems.
    (iii) The number of households assisted in obtaining adequate 
housing by the TSA program through new construction and/or 
rehabilitation.
    (2) Reasons why, if established objectives are not met.
    (3) Problems, delays, or adverse conditions which will materially 
affect attainment of the TSA grant objectives, prevent the meeting of 
time schedules or objectives, or preclude the attainment of project work 
elements during established time periods. This disclosure shall be 
accompanied by a statement of the action taken or contemplated and any 
Federal assistance needed to resolve the situation.
    (4) Objectives established for the next reporting period, 
sufficiently detailed to identify the type of assistance to be provided, 
the number and type of families to be assisted, etc.
    (c) These reports will be reviewed by the District Director to 
determine satisfactory progress. The District Director will work with 
the grantee to resolve any problems. The District Director will forward 
the original and one copy of the reports with any comments and 
recommendations to the State Director within ten working days of 
receipt.
    (d) The State Director will review the reports, comments, and 
recommendations forwarded by the District Director within five working 
days of receipt.
    (1) If the reports indicate satisfactory progress, the State 
Director will forward the original to the National Office with any 
comments or suggestions and return the remaining copy to the grantee 
through the District Director with a copy of the comments or 
recommendations.
    (2) If the reports indicate unsatisfactory progress, the State 
Director will recommend appropriate action to resolve the indicated 
problem(s). The State Director has the discretion to not authorize 
further advances where the progress of the project is unsatisfactory. 
The State Director will notify the grantee through the District Director 
of a decision not to authorize further advances and advise the grantee 
of its appeal rights under subpart B of part 1900 of this chapter.
    (3) A copy of the memorandum returning the unsatisfactory reports 
will be forwarded to the National Office together with the State 
Director's decision, comments and recommendations, if appropriate.
    (e) The grantee will complete a final Standard Form 269 and a final 
performance report upon termination or expiration of the grant 
agreement.



Sec.  1944.542  [Reserved]



Sec.  1944.543  Grant monitoring.

    Each grant will be monitored by Rural Development to ensure that the 
grantee is complying with the terms of the grant and that the TSA 
project activity is completed as approved. Ordinarily, this will involve 
a review of quarterly and final reports by Rural Development and review 
by the appropriate District Director.



Sec.  1944.544  [Reserved]



Sec.  1944.545  Additional grants.

    An additional grant may be made to an applicant that has previously 
received a TSA grant and has achieved or nearly achieved the goals 
established for the previous grant by submitting a new proposal for TSA 
funds. The additional grant application will be processed as if it were 
an initial application. Upon approval, a new grant agreement will be 
required and the grant will be coded as an initial grant on Form RD 
1940-1.



Sec.  1944.546  [Reserved]



Sec.  1944.547  Management assistance.

    The District Director will see that each TSA grantee receives 
management assistance to help achieve a successful program.

[[Page 175]]

    (a) TSA employees who will be contacting and assisting families will 
receive training in packaging single family housing and Rural Rental 
Housing loans when, or very shortly after, they are hired so that they 
can work effectively.
    (b) TSA employees who will provide counseling, outreach, and other 
technical and supervisory assistance will receive training on Rural 
Development policies, procedures, and requirements appropriate to their 
positions and the type of assistance the grantee will provide at the 
outset of the grant.
    (c) Training will be provided by FmHA or its successor agency under 
Public Law 103-354 employees and/or outside sources approved by Rural 
Development when the technical and supervisory assistance involves rural 
housing programs other than Rural Development programs. Appropriate 
training of TSA employees should be anticipated during the planning 
stages of the grant and the reasonable cost of such training included in 
the budget.
    (d) The District Director, in cooperation with the appropriate 
County Supervisor(s), should coordinate the management assistance given 
to the TSA grantee in a manner which is timely and effective. This will 
require periodic meetings with the grantee to discuss problems being 
encountered and offer assistance in solving these problems; to discuss 
the budget, the effectiveness of the grant, and any other unusual 
circumstances affecting delivery of the proposed TSA services; to keep 
the grantee aware of procedural and policy changes, availability of 
funds, etc.; and to discuss any other matters affecting the availability 
of housing opportunities for low-income families.
    (e) The District Director will advise the grantee of the options 
available to bring the delinquent borrowers' accounts current and advise 
the grantee that the appropriate County Supervisor retains all approval 
authority for any resolution of the delinquent accounts and all other 
authority currently available to remedy delinquent accounts.



Sec.  1944.548  Counseling consent by Rural Development single 
family housing borrowers.

    (a) Subsequent to execution of the TSA grant agreement, the County 
Supervisor(s) serving the TSA project area will contact the delinquent 
Rural Development single family housing borrowers who appear to be in 
need of supervisory assistance as defined in Sec.  1944.506(h)(1). Such 
contact will indicate the availability of the counseling services of the 
grantee and solicit the borrower's participation in the program. Exhibit 
E should be used in contacting and/or discussing counseling with the 
borrowers.
    (b) Upon indication of the borrower's willingness to participate in 
the program by his or her signature on exhibit E or similar letter or 
statement, the County Supervisor will make available to the grantee (at 
no cost) the borrower's Rural Development loan history including the 
following information:
    (1) Name, address, and telephone number;
    (2) Status of the account including the amount of the loan, the 
repayment schedule, and the amount of the delinquency; and
    (3) Other information needed for counseling purposes which may be 
provided in accordance with RD Instruction 2018-F.



Sec.  1944.549  Grant evaluation, closeout, suspension, and termination.

    (a) Grant evaluation will be an ongoing activity performed by both 
the grantee and Rural Development. The grantee will perform self-
evaluations by preparing periodic project performance reports in 
accordance with Sec.  1944.541. Rural Development will also review all 
reports prepared and submitted by the grantee in accordance with the 
grant agreement and this part.
    (b) Within forty-five (45) days after the grant ending date, the 
grantee will complete closeout procedures as specified in the grant 
agreement.
    (c) The grant can also be terminated before the grant ending date 
for the causes specified in the grant agreement. No further grant funds 
will be disbursed when grant suspension or

[[Page 176]]

termination procedures have been initiated in accordance with the grant 
agreement.



Sec.  1944.550  [Reserved]



Sec. Exhibit A to Subpart K of Part 1944--Grant Agreement--Technical and 
                         Supervisory Assistance

    This Agreement dated ---------- is between ------------------------ 
(name), ------------------------ (address), (Grantee) and the United 
States of America acting through the Farmers Home Administration 
(Grantor or FmHA) or its successor agency under Public Law 103-354. The 
Grantor agrees to grant to Grantee a sum not to exceed $-------- subject 
to the terms and conditions established by the Grantor: Provided, 
however, That the proportionate share of any grant funds actually 
advanced and not needed for grant purposes shall be returned immediately 
to the Grantor. The Grantor may terminate the grant in whole, or in 
part, at any time before the date of completion, whenever it is 
determined that the Grantee has failed to comply with the conditions of 
the grant. The grantee may appeal this decision in accordance with the 
FmHA or its successor agency under Public Law 103-354 Appeal Procedure 
contained in subpart B of part 1900 of this chapter. In consideration of 
said grant by Grantor to Grantee, to be made pursuant to Section 525(a) 
of the Housing Act of 1949 for the purpose of providing funds to 
eligible nonprofit applicants (grantees) to pay part or all of the cost 
of developing, conducting, administering, or coordinating comprehensive 
programs of technical and supervisory assistance (TSA) which will aid 
needy low-income individuals and families in benefiting from Federal, 
State and local housing programs in rural areas, the Grantee will 
provide such a program in accordance with the terms of this agreement 
and applicable Farmers Home Administration (FmHA) or its successor 
agency under Public Law 103-354 regulations.

                          Part A--Definitions:

    1. Beginning date means the date when work under this grant will 
commence. Such date is set forth in paragraph 2 of part B of this 
Agreement.
    2. Ending date means the date when all work under this agreement is 
scheduled to be completed. It is also the latest date grant funds will 
be provided under this agreement, without an approved extension. Such 
date is set forth in paragraph 2 of part B of this Agreement.
    3. Disallowed costs are those charges to a grant which the FmHA or 
its successor agency under Public Law 103-354 determines cannot be 
authorized in accordance with applicable Federal costs principles or 
other conditions contained in this Agreement.
    4. Grant closeout is the process by which the grant operation is 
concluded at the expiration of the grant period or following a decision 
to terminate the grant.
    5. Termination of a grant means the cancellation of Federal 
assistance, in whole or in part, under a grant at any time before the 
date of completion.

                       Part B--Terms of agreement:

    Grantor and grantee agree:
    1. This agreement shall be effective when executed by both parties.
    2. The TSA activities approved by FmHA or its successor agency under 
Public Law 103-354 shall commence not later than ------------, and shall 
be completed by ------------, unless earlier terminated under paragraph 
B 18 below, or extended.
    3. Grantee shall carry out the TSA activities described in the 
application docket which is made a part of this Agreement. Grantee will 
be bound by the conditions set forth in the docket and the further 
conditions set forth in this Agreement. If any of the conditions in the 
docket are inconsistent with those in the Agreement, the latter will 
govern. A change of any conditions must be in writing and must be signed 
by an authorized representative of FmHA or its successor agency under 
Public Law 103-354.
    4. Grantee shall use grant funds only for the purpose and activities 
specified in FmHA or its successor agency under Public Law 103-354 
regulations and in the application docket approved by FmHA or its 
successor agency under Public Law 103-354 including the approved budget. 
Any uses not provided for in the approved budget must be approved in 
writing by FmHA or its successor agency under Public Law 103-354 in 
advance.
    5. If the Grantee is a private nonprofit corporation, expenses 
charged for travel or per diem will not exceed the rates paid FmHA or 
its successor agency under Public Law 103-354 employees for similar 
expenses. If the Grantee is a public body, the rates will be those that 
are allowable under the customary practice in the government of which 
the grantee is a part; if none are customary, the FmHA or its successor 
agency under Public Law 103-354 rates will be the maximum allowed.
    6. Grant funds will not be used for any of the following:
    (a) To pay obligations incurred before the effective date of this 
Agreement.
    (b) To pay obligations incurred after the grant termination or 
ending date.
    (c) Entertainment purposes.
    (d) To pay for capital assets, the purchase of real estate or 
vehicles, improvement or renovation of space, or repair or maintenance 
of privately owned vehicles.

[[Page 177]]

    (e) Any other purpose specified in 7 CFR 1944.520.
    7. Grant funds shall not be used to replace any financial support 
previously provided or assured from any other source.
    8. Disbursal of grants will be governed as follows:
    (a) In accordance with Treasury Circular 1075 (fourth revision) Part 
205, Chapter II of title 31 of the Code of Federal Regulations, grant 
funds will be provided by Rural Development as cash advances on an as 
needed basis not to exceed one advance every 30 days. The advance will 
be made by direct Treasury check to the Grantee. The financial 
management system of the recipient organization shall provide for 
effective control over and accountability for all Federal funds as 
stated in 2 CFR part 200 as adopted by USDA through 2 CFR part 400 for 
State and local governments and 2 CFR part 200 as adopted by USDA 
through 2 CFR part 400 for nonprofit organizations.
    (b) Cash advances to the Grantee shall be limited to the minimum 
amounts needed and shall be timed to be in accord only with the actual, 
immediate cash requirements of the Grantee in carrying out the purpose 
of the planned project.
    (c) Grant funds should be promptly refunded to the FmHA or its 
successor agency under Public Law 103-354 and redrawn when needed if the 
funds are erroneously drawn in excess of immediate disbursement needs. 
The only exceptions to the requirement for prompt refunding are when the 
funds involved:
    (i) Will be disbursed by the recipient organization within seven 
calendar days from the date of the Treasury check, or
    (ii) Are less than $10,000 and will be disbursed within 30 calendar 
days from the date of the Treasury check.
    (d) Grantee shall provide satisfactory evidence to FmHA or its 
successor agency under Public Law 103-354 that all officers of the 
Grantee organization authorized to receive and/or disburse Federal funds 
are covered by satisfactory fidelity bonds sufficient to protect the 
Grantor's interests.
    (e) Grant funds will be placed in the Grantee's bank account(s) 
until disbursed.
    9. the Grantee will submit Performance and Financial reports as 
indicated below to the appropriate FmHA or its successor agency under 
Public Law 103-354 District Office:
    (a) As needed, but not more frequently than once every 30 days, an 
original and 2 copies of Standard Form 270, ``Request for Advance or 
Reimbursement.''
    (b) Quarterly, (not later than January 15, April 15, July 15, and 
October 15 of each year) an original and 2 copies of Standard Form 269, 
``Financial Status Report,'' and a Project Performance report in 
accordance with Sec.  1944.541 of this subpart.
    (c) Within forty-five (45) days after the termination or expiration 
of the grant agreement, an original and 2 copies of Standard Form 269, 
and a final Project Performance report which will include a summary of 
the project's accomplishments, problems, and planned future activities 
of the Grantee for TSA. Final reports may serve as the last quarterly 
report.
    (d) FmHA or its successor agency under Public Law 103-354 may 
require performance reports more frequently if it deems necessary.
    10. In accordance with FMC 74-4, Attachment B, compensation for 
employees will be considered reasonable to the extent that such 
compensation is consistent with that paid for similar work in other 
activities of the State or local government.
    11. If the grant exceeds $100,000, transfers among direct cost 
budget categories totaling more than 5 percent of the total budget must 
have prior written approval by the appropriate District Director.
    12. Results of the program assisted by grant funds may be published 
by the grantee without prior review by FmHA or its successor agency 
under Public Law 103-354, provided that such publications acknowledge 
the support provided by funds pursuant to the provisions of Title V of 
the Housing Act of 1949 and that five copies of each such publication 
are furnished to the District Director.
    13. Grantee certifies that no person or organization has been 
employed or retained to solicit or secure this grant for a commission, 
percentage, brokerage, or contingent fee.
    14. No person in the United States shall, on the grounds of race, 
creed, color, sex, marital status, age, national origin, or mental or 
physical handicap, be excluded from participating in, be denied the 
proceeds of, or be subject to discrimination in connection with the use 
of grant funds. Grantee will comply with pertinent nondiscrimination 
regulations of FmHA or its successor agency under Public Law 103-354.
    15. In all hiring or employment made possible by or resulting from 
this grant, Grantee: (a) Will not discriminate against any employee or 
applicant for employment because of race, creed, color, sex, marital 
status, national origin, age, or mental or physical handicap, and (b) 
will take affirmative action to insure that employees are treated during 
employment without regard to their race, creed, color, sex, marital 
status, national origin, age, or mental or physical handicap. This 
requirement shall apply to, but not be limited to, the following: 
Employment, upgrading, demotion, or transfer; recruitment or recruitment 
advertising; layoff or termination; rates of pay or other forms of 
compensation; and selection for training, including apprenticeship. In 
the event Grantee signs a contract related to this grant

[[Page 178]]

which would be covered by any Executive Order, law, or regulation 
prohibiting discrimination, Grantee shall include in the contract the 
``Equal Employment Clause'' as specified by FmHA or its successor agency 
under Public Law 103-354.
    16. The grantee accepts responsibility for accomplishing the TSA 
program as submitted and included in the application docket. The Grantee 
shall also:
    (a) Endeavor to coordinate and provide liaison with State and local 
housing organizations, where they exist.
    (b) Provide continuing information to FmHA or its successor agency 
under Public Law 103-354 on the status of Grantee programs, projects, 
related activities, and problems.
    (c) The Grantee shall inform the Grantor as soon as the following 
types of conditions become known:
    (i) Problems, delays, or adverse conditions which materially affect 
the ability to attain program objectives, prevent the meeting of time 
schedules or goals, or preclude the attainment of project work units by 
established time periods. This disclosure shall be accompanied by a 
statement of the action taken or contemplated, and any Grantor 
assistance needed to resolve the situation.
    (ii) Favorable developments or events which enable meeting time 
schedules and goals sooner than anticipated or producing more work units 
than originally projected.
    17. Grant closeout and termination procedures will be as follows:
    (a) Promptly after the date of completion or a decision to terminate 
a grant, grant closeout actions are to be taken to allow the orderly 
discontinuation of Grantee activity.
    (i) The grantee shall immediately refund to FmHA or its successor 
agency under Public Law 103-354 any uncommitted balance of grant funds.
    (ii) The Grantee will furnish to FmHA or its successor agency under 
Public Law 103-354 within 45 days after the date of completion of the 
grant a Standard Form 269 and all financial, performance, and other 
reports required as a condition of the grant.
    (iii) The Grantee shall account for any property acquired with TSA 
grant funds, or otherwise received from FmHA or its successor agency 
under Public Law 103-354.
    (iv) After the grant closeout, FmHA or its successor agency under 
Public Law 103-354 retains the right to recover any disallowed costs 
which may be discovered as a result of an audit.
    (b) When there is reasonable evidence that the Grantee has failed to 
comply with the terms of this Agreement, the State Director can, on 
reasonable notice, terminate the grant pursuant to paragraph (c) below 
and withhold further payments or prohibit the Grantee from further 
obligating grant funds. FmHA or its successor agency under Public Law 
103-354 may allow all necessary and proper costs which the Grantee could 
not reasonably avoid.
    (c) Grant termination will be based on the following:
    (i) Termination for cause. This grant may be terminated in whole, or 
in part, at any time before the date of completion, whenever FmHA or its 
successor agency under Public Law 103-354 determines that the Grantee 
has failed to comply with the terms of the Agreement. The reasons for 
termination may include, but are not limited to, such problems as:
    (A) Failure to make satisfactory progress in attaining grant 
objectives.
    (B) Failure of Grantee to use grant funds only for authorized 
purposes.
    (C) Failure of Grantee to submit adequate and timely reports of its 
operation.
    (D) Violation of any of the provisions of any laws administered by 
FmHA or its successor agency under Public Law 103-354 or any regulation 
issued thereunder.
    (E) Violation of any nondiscrimination or equal opportunity 
requirement administered by FmHA or its successor agency under Public 
Law 103-354 in connection with any FmHA or its successor agency under 
Public Law 103-354 programs.
    (F) Failure to maintain an accounting system acceptable to FmHA or 
its successor agency under Public Law 103-354.
    (ii) Termination for convenience. FmHA or its successor agency under 
Public Law 103-354 or the Grantee may terminate the grant in whole, or 
in part, when both parties agree that the continuation of the project 
would not produce beneficial results commensurate with the further 
expenditure of funds. The two parties shall agree upon the termination 
conditions, including the effective date and, in case of partial 
termination, the portion to be terminated.
    (d) Procedure for termination of grant for cause. FmHA or its 
successor agency under Public Law 103-354 shall notify the Grantee in 
writing of the determination and the reasons for and the effective date 
of the whole or partial termination in accordance with 7 CFR 1900.53.
    18. Extension and/or revision of this grant agreement may be 
approved by FmHA or its successor agency under Public Law 103-354 
provided, in its opinion, the extention and/or revision is justified and 
there is a likelihood that the Grantee can accomplish the goals set out 
and approved in the application docket during the period of the 
extension and/or revision as specified in 7 CFR 1944.538.

                         Part C--Grantee agrees:

    (1) To comply with property management standards for expendable and 
nonexpendable personal property established by Attachment N of OMB 
Circular A-102 or Attachment N of 2 CFR part 200 as adopted by USDA 
through

[[Page 179]]

2 CFR part 400 for State and local governments or nonprofit 
organizations respectively. ``Personal property'' means property of any 
kind except real property. It may be tangible--having physical 
existence--or intangible-having no physical existence, such as patents, 
inventions, and copyrights. ``Nonexpendable personal property'' means 
tangible personal property having a useful life of more than one year 
and an acquisition cost of $300 or more per unit. A Grantee may use its 
own definition of nonexpendable personal property provided that such 
definition would at least include all tangible personal property as 
defined above. ``Expendable personal property'' refers to all tangible 
personal property other than nonexpendable personal property. When 
nonexpendable tangible personal property is acquired by a Grantee with 
project funds, title shall not be taken by the Federal Government but 
shall vest in the Grantee subject to the following conditions:
    (a) Right to transfer title. For items of nonexpendable personal 
property having a unit acquisition cost of $1,000 or more, FmHA or its 
successor agency under Public Law 103-354 may reserve the right to 
transfer title to the Federal Government or to a third party named by 
the Federal Government when such third party is otherwise eligible under 
existing statutes. Such reservation shall be subject to the following 
standards:
    (i) The property shall be appropriately identified in the grant or 
otherwise made known to the Grantee in writing.
    (ii) FmHA or its successor agency under Public Law 103-354 shall 
issue disposition instructions within 120 calendar days after the end of 
the Federal support of the project for which it was acquired. If FmHA or 
its successor agency under Public Law 103-354 fails to issue disposition 
instructions within the 120 calendar day period, the Grantee shall apply 
the standards of paragraph 1(c) below.
    (iii) When FmHA or its successor agency under Public Law 103-354 
exercises its right to take title, the personal property shall be 
subject to the provisions for federally owned nonexpendable property 
discussed in paragraph 1(a)(iv) below.
    (iv) When title is transferred either to the Federal Government or 
to a third party and the Grantee is instructed to ship the property 
elsewhere, the Grantee shall be reimbursed by the benefitting Federal 
agency with an amount which is computed by applying the percentage of 
the Grantee participation in the cost of the original grant project or 
program to the current fair market value of the property, plus any 
reasonable shipping or interim storage costs incurred.
    (b) Use of other tangible nonexpendable property for which the 
Grantee has title.
    (i) The Grantee shall use the property in the project or program for 
which it was acquired as long as needed, whether or not the project or 
program continues to be supported by Federal funds. When it is no longer 
needed for the original project or program, the Grantee shall use the 
property in connection with its other federally sponsored activities, in 
the following order of priority:
    (A) Activities sponsored by FmHA or its successor agency under 
Public Law 103-354.
    (B) Activities sponsored by other Federal agencies.
    (ii) Shared use. During the time that nonexpendable personal 
property is held for use on the project or program for which it was 
acquired, the Grantee shall make it available for use on other projects 
or programs if such other use will not interfere with the work on the 
project or program for which the property was originally acquired. First 
preference for such other use shall be given to other projects or 
programs sponsored by FmHA or its successor agency under Public Law 103-
354; second preference shall be given to projects or programs sponsored 
by other Federal agencies. If the property is owned by the Federal 
Government, use on other activities not sponsored by the Federal 
Government shall be permissible if authorized by FmHA or its successor 
agency under Public Law 103-354. User charges should be considered if 
appropriate.
    (c) Disposition of other nonexpendable property. When the Grantee no 
longer needs the property, the property may be used for other activities 
in accordance with the following standards:
    (i) Nonexpendable property with a unit acquisition cost of less than 
$1,000. The Grantee may use the property for other activities without 
reimbursement to the Federal Government or sell the property and retain 
the proceeds.
    (ii) Nonexpendable personal property with a unit acquisition cost of 
$1,000 or more. The Grantee may retain the property for other use 
provided that compensation is made to FmHA or its successor agency under 
Public Law 103-354 or its successor. The amount of compensation shall be 
computed by applying the percentage of Federal participation in the cost 
of the original project or program to the current fair market value of 
the property. If the Grantee has no need for the property and the 
property has further use value, the Grantee shall request disposition 
instructions from the original Grantor agency. FmHA or its successor 
agency under Public Law 103-354 shall determine whether the property can 
be used to meet the agency's requirements. If no requirement exists 
within that agency, the availability of the property shall be reported, 
in accordance with the guidelines of the Federal Property Management 
Regulations (FPMR) to the General Services Administration by FmHA or its 
successor agency under Public Law 103-354 to determine whether a 
requirement for the property exists in other Federal agencies.

[[Page 180]]

FmHA or its successor agency under Public Law 103-354 shall issue 
instructions to the Grantee no later than 120 days after the Grantee 
request and the following procedures shall govern:
    (A) If so instructed or if disposition instructions are not issued 
within 120 calendar days after the Grantee's request, the Grantee shall 
sell the property and reimburse FmHA or its successor agency under 
Public Law 103-354 an amount computed by applying to the sales proceeds 
the percentage of Federal participation in the cost of the original 
project or program. However, the Grantee shall be permitted to deduct 
and retain from the Federal shares $100 or ten percent of the proceeds, 
whichever is greater, for the Grantee's selling and handling expenses.
    (B) If the Grantee is instructed to dispose of the property other 
than as described in paragraph 1(a)(iv) above, the Grantee shall be 
reimbursed by FmHA or its successor agency under Public Law 103-354 for 
such costs incurred in its disposition.
    (C) The Grantee's property management standards for nonexpendable 
personal property shall include the following procedural requirements:
    (1) Property records shall be maintained accurately and shall 
include:
    (a) A description of the property.
    (b) Manufacturer's serial number, model number, Federal stock 
number, national stock number, or other identification number.
    (c) Sources of the property including grant or other agreement 
number.
    (d) Whether title vests in the Grantee or the Federal Government.
    (e) Acquisition date (or date received, if the property was 
furnished by the Federal Government) and cost.
    (f) Percentage (at the end of the budget year) of Federal 
participation in the cost of the project or program for which the 
property was acquired. (Not applicable to property furnished by the 
Federal Government).
    (g) Location, use, and condition of the property and the date the 
information was reported.
    (h) Unit acquisition cost.
    (i) Ultimate disposition data, including date of disposal and sales 
price or the method used to determine current fair market value when a 
Grantee compensates the Federal agency for its share.
    (2) Property owned by the Federal Government must be marked to 
indicate Federal ownership.
    (3) A physical inventory of property shall be taken and the results 
reconciled with the property records at least once every two years. Any 
difference between quantities determined by the physical inspection and 
those shown in the accounting records shall be investigated to determine 
the causes of the difference. The Grantee shall, in connection with the 
inventory, verify the existence, current utilization, and continued need 
for the property.
    (4) A control system shall be in effect to ensure adequate 
safeguards to prevent loss, damage, or theft of the property. Any loss, 
damage, or theft of nonexpendable property shall be investigated and 
fully documented; if the property was owned by the Federal Government, 
the Grantee shall promptly notify FmHA or its successor agency under 
Public Law 103-354.
    (5) Adequate maintenance procedures shall be implemented to keep the 
property in good condition.
    (6) When the Grantee is authorized or required to sell the property, 
proper sales procedures shall be established which will provide for 
competition to the extent practicable and result in the highest possible 
return.
    (7) Expendable personal property shall vest in the Grantee upon 
acquisition. If there is a residual inventory of such property exceeding 
$1,000 in total aggregate fair market value, upon termination or 
completion of the grant and if the property is not needed for any other 
federally sponsored project or program, the Grantee shall retain the 
property for use on nonfederally sponsored activities, or sell it, but 
must in either case compensate the Federal Government for its share. The 
amount of compensation shall be computed in the same manner as 
nonexpendable personal property.
    2. To provide a financial management system which will include:
    (a) Accurate, current, and complete disclosure of the financial 
results of each grant. Financial reporting will be on an accrual basis.
    (b) Records which identify adequately the source and application of 
funds for grant-supported activities. Those records shall contain 
information pertaining to grant awards and authorizations, obligations, 
unobligated balances, assets, liabilities, outlays, and income.
    (c) Effective control over and accountability for all funds, 
property, and other assets. Grantee shall adequately safeguard all such 
assets and shall assure that they are solely for authorized purposes.
    (d) Accounting records supported by source documentation.
    3. To retain financial records, supporting documents, statistical 
records, and all other records pertinent to the grant for a period of at 
least three years after the submission of the final Project Performance 
report pursuant to paragraph B(9)(c) of this agreement except in the 
following situations:
    (a) If any litigation, claim, or audit is commenced before the 
expiration of the three year period, the records shall be retained until 
all litigations, claims, or audit findings involving the records have 
been resolved.

[[Page 181]]

    (b) Records for nonexpandable property acquired with Federal funds 
shall be retained for three years after final disposition.
    (c) When records are transferred to or maintained by FmHA or its 
successor agency under Public Law 103-354, the three year retention 
requirement is not applicable.
    Microfilm copies may be substituted in lieu of original records. The 
Grantor and the Comptroller General of the United States, or any of 
their duly auhthorized representatives, shall have access to any books, 
documents, papers, and records of the Grantee which are pertinent to the 
specific grant program for the purpose of making audits, examinations, 
excerpts, and transcripts.
    4. To provide information as requested by the Grantor concerning the 
Grantee's actions in soliciting citizen participation in the application 
process, including published notice of public meetings, actual public 
meetings held, and content of written comments received.
    5. Not encumber, transfer, or dispose of the property or any part 
thereof, furnished by the Grantor or acquired wholly or in part with 
Grantor funds without the written consent of the Grantor except as 
provided in part C 1.
    6. To provide Grantor with such periodic reports of Grantee 
operations as may be required by authorized representatives of the 
Grantor.
    7. To execute Form FmHA or its successor agency under Public Law 
103-354 400-1, ``Equal Opportunity Agreement,'' and to execute any other 
agreements required by Grantor to implement the civil rights 
requirements.
    8. To include in all contracts in excess of $100,000 a provision for 
compliance with all applicable standards, orders, or regulations issued 
purusant to the Federal Clean Air Act as amended. Violations shall be 
reported to the Grantor and the Regional Office of the Environmental 
Protection Agency.
    9. That, upon any default under its representations or agreements 
set forth in this instrument, Grantee, at the option and demand of 
Grantor, will, to the extent legally permissible, repay to the Grantor 
forthwith the grant funds received with interest at the rate of five 
percentum per annum from the date of the default. The provisions of this 
Grant Agreement may be enforced by Grantor, at its option and without 
regard to prior waivers by it of previous defaults of Grantee, by 
judicial proceedings to require specific performance of the terms of 
this Grant Agreement or by such other proceedings in law or equity, in 
either Federal or State Courts, as may be deemed necessary by Grantor to 
assure compliance with the provisions of this Grant Agreement and the 
laws and regulations under which this grant is made.
    10. That no member of Congress shall be admitted to any share or 
part of this Grant or any benefit that may arise therefrom; but this 
provision shall not be construed to bar as a contractor under the Grant 
a publicly held corporation whose ownership might include a member of 
Congress.
    11. That all nonconfidential information resulting from its 
activities shall be made available to the general public on an equal 
basis.
    12. That the purpose for which this grant is made may complement, 
but shall not duplicate programs for which monies have been received, 
are committed, or are applied for from other sources, public and 
private.
    13. That the Grantee shall relinquish any and all copyrights and/or 
privileges to the materials developed under this grant, such material 
being the sole property of the Federal Government. In the event anything 
developed under this grant is published in whole or in part, the 
material shall contain notice and be identified by language to the 
following effect: ``The material is the result of tax-supported research 
and as such is not copyrightable. It may be freely reprinted with the 
customary crediting of the source.''
    (14) That the Grantee shall abide by the policies promulgated in 2 
CFR part 200 as adopted by USDA through 2 CFR part 400 which provides 
standards for use by Grantees in establishing procedures for the 
procurement of supplies, equipment and other services with Federal grant 
funds.
    15. That it is understood and agreed that any assistance granted 
under this Agreement will be administered subject to the limitations of 
Title V of the Housing Act of 1949 as amended, 42 U.S.C. 1471 et. seq., 
and related regulations, and that rights granted to FmHA or its 
successor agency under Public Law 103-354 herein or elsewhere may be 
exercised by it in its sole discretion to carry out the purposes of the 
assistance, and protect FmHA or its successor agency under Public Law 
103-354's financial interest.
    16. Standard of Conduct. No employee, officer or agent of Grantee 
shall participate in the selection, award or administration of a 
contract in which Federal funds are used where, to the knowledge of such 
employee, officer or agent, the employee, officer or agent or such 
person's immediate family members, partners or any organization in which 
such person or such person's immediate family award or administration of 
the contract, or (2) when such person is negotiating or has any 
arrangement concerning future employment. The recipient's officers, 
employees or agents shall neither solicit nor accept gratuities, favors 
or anything of monetary value from landlords or developers of rental or 
ownership housing projects in which the persons receiving TSA assistance 
may be placed as a result of such assistance.

[[Page 182]]

                         Part D--Grantor agrees:

    1. That it may assist Grantee, within available appropriations, with 
such technical and management assistance as needed in planning the 
project and coordinating the plan with local officials, comprehensive 
plans, and any State or area plans for improving housing for low-income 
families in the area in which the project is located.
    2. That at its sole discretion, Grantor may at any time give any 
consent, deferment, subordination, release, satisfaction, or termination 
of any or all of Grantee's grant obligations, with or without valuable 
consideration, upon such terms and conditions as Grantor may determine 
to be (a) advisable to further the purposes of the grant or to protect 
Grantor's financial interests therein, and (b) consistent with the 
statutory purposes of the grant and the limitations of the statutory 
authority under which it is made and Grantor's regulations.
    This Agreement is subject to current Grantor regulations and any 
future regulations not inconsistent with the express terms hereof. 
Grantee on --------------------, 19----, has caused this Agreement to be 
executed by its duly authorized ------------------ and attested and its 
corporate seal affixed by its duly authorized ----------------.

Attest:

________________________________________________________________________

Grantee

________________________________________________________________________
By______________________________________________________________________

(Title)
By______________________________________________________________________

(Title)

Grantor

United States of America
Farmers Home Administration or its successor agency under Public Law 
103-354

By______________________________________________________________________

________________________________________________________________________
(Title)



 Sec. Exhibit B to Subpart K of Part 1944--Administrative Instructions 
for State Offices Regarding Their Responsibilities in the Administration 
        of the Technical and Supervisory Assistance Grant Program

    A. The State Office will maintain for distribution to potential 
applicants, upon request, a supply of preapplication packets consisting 
of:
    1. SF 424.1.
    2. Form FmHA or its successor agency under Public Law 103-354 400-1, 
``Equal Opportunity Agreement.''
    3. Form FmHA or its successor agency under Public Law 103-354 400-4, 
``Assurance Agreement.''
    4. Environmental review documentation in accordance with 7 CFR part 
1970.
    5. Subpart K of part 1944 of this chapter.
    B. The State Office should inform all potential applicants, at the 
time they pick up forms, that:
    1. The preapplication must be submitted to the District Office 
serving the area in which the applicant proposes to operate the 
Technical and Supervisory Assistance (TSA) program.
    2. The State Office will refer all requests for assistance in 
completing the preapplication to the appropriate District Office.
    C. Beyond the responsibilities of the State Office in the selection 
of grantees and the administration of the program, and as stated in 
Sec.  1944.502 of this subpart, the TSA program provides an opportunity 
for the State Director to give priority to applicants serving the rural 
areas of greatest need as well as use the program cooperatively with 
other Federal and State agencies in addressing the housing needs of the 
residents of a proposed TSA service area. Therefore, the State Office 
should be prepared, before receipt of preapplications, to advise the 
District Directors, potential applicants and other Federal and State 
agencies which part(s) of the State has the greatest need for the TSA 
program. The State Director should identify target areas in a similar 
manner to the process used by the Administrator pursuant to Sec.  
1944.525 of this subpart. Proposals which are clearly inappropriate and 
do not meet the basic priorities of Sec.  1944.529 (a) of this subpart 
should not be encouraged due to the complexity of the preapplication 
submission.
    D. In addition to the instructions of Sec.  1944.526 of this 
subpart, the State Office should follow the procedures outlined below:
    1. Review preapplications for completeness and adequacy and make 
assessments required by Sec.  1944.526(c)(1) of this subpart.
    2. Request clarifications from the District Office if necessary.
    3. Evaluate the proposals in light of Sec.  1944.529 of this subpart 
and select the proposal(s) which best meets the priorities established 
under the project selection criteria in Sec.  1944.529 (a), (b) and (c) 
of this subpart.
    4. The State Office must provide written comments to be attached to 
the preapplication(s) justifying the selection(s) and addressing the 
items in Sec.  1944.529 of this subpart.
    5. The State Office will forward the original SF 424.1 and 
accompanying documents of the selected preapplication(s) as quickly as 
possible to the National Office, Attention: Special Authorities 
Division, Multi-Family Housing. In no case should the State Office 
forward their selected TSA preapplication(s)

[[Page 183]]

later than thirty (30) days after the closing date for receipt of 
preapplications.
    6. Preapplications not selected by the State Office will be returned 
to the applicants through the appropriate District Offices with notice 
of appeal rights.
    7. In accordance with Sec.  1944.525 of this subpart, State Offices 
will be advised of the number of preapplications to be submitted from 
each state to the National Office.
    E. Sections 1944.531 and 1944.533 of this subpart detail the 
responsibilities of the State Office after tentative selection or 
concurrence of the TSA grantees by the National Office. Those 
preapplicants not selected will be promptly notified and their 
preapplication returned with notice of appeal rights. Form AD-622, 
``Notice of Preapplication Review Action,'' will be mailed from the 
State Office to the applicants. District Offices will receive a copy 
from the State Office.
    F. After execution of the grant agreement, the State Office will 
work closely with the District Office and the grantee to obtain 
additional resources from other Federal and State agencies to meet the 
needs of the TSA service area. The State Office should closely review 
the quarterly project performance reports and assist the District 
Director, as appropriate, in resolving any problems or taking advantage 
of favorable funding or program opportunities.

[44 FR 36891, June 22, 1979, as amended at 48 FR 29121, June 24, 1983; 
49 FR 3763, Jan. 30, 1984; 55 FR 13503, 13504, Apr. 11, 1990; 79 FR 
76011, Dec. 19, 2014; 81 FR 11031, Mar. 2, 2016]



  Sec. Exhibit C to Subpart K of Part 1944--Instructions for District 
 Offices Regarding Their Responsibilities in the Administration of the 
           Technical and Supervisory Assistance Grant Program

    A. The District Office will maintain for distribution to potential 
applicants, upon request, a supply of preapplication packets consisting 
of:
    1. SF 424.1.
    2. Form FmHA or its successor agency under Public Law 103-354 400-1, 
``Equal Opportunity Agreement.''
    3. Form FmHA or its successor agency under Public Law 103-354 400-4, 
``Assurance Agreement.''
    4. Environmental review documentation in accordance with 7 CFR part 
1970.
    5. Subpart K of part 1944 of this chapter.
    B. District Directors will provide any necessary assistance in 
completing preapplication forms.
    C. All applicants will submit preapplications to District Offices. 
Upon receipt of the preapplication the District Director will review it 
to ensure that the preapplication is complete and make assessments 
required by Sec.  1944.526(b)(1) of this subpart.
    D. The District Director will provide written comments to be 
attached to the preapplication. These comments will, at a minimum, 
address the following items:
    1. Whether the area to be covered by the project is a ``rural area'' 
as defined by FmHA or its successor agency under Public Law 103-354 
regulations.
    2. The District Director's knowledge of the applicant's past 
history.
    3. The need for the proposed activity, and its relationship to the 
targeting strategies for the District.
    4. Appropriateness and applicability of this proposal for FmHA or 
its successor agency under Public Law 103-354 implementation funds.
    5. Extent of citizen involvement in development of preapplication, 
particularly the involvement of minority and/or low-income groups.
    6. All other criteria specified in Sec.  1944.529 of this subpart.
    7. The comments and recommendations of the County Supervisors for 
the proposed TSA service area.
    E. The District Director will forward the original and one copy of 
the preapplication and accompanying documents along with the comments 
and a summary recommendation to the State Director within ten (10) 
working days of receipt of the preapplication.
    F. Those applicants invited to submit applications will submit their 
applications to the District Office with two copies. The District Office 
will retain the original for the docket and forward one copy to the 
appropriate State Office after making sufficient copies to forward one 
copy to each of the appropriate County Offices.
    G. The District Director, upon receipt of the application, will 
prepare a docket in accordance with Sec.  1944.531 of this subpart. The 
procedures for approval and project servicing are detailed in this 
subpart.

[44 FR 36891, June 22, 1979, as amended at 48 FR 29121, June 24, 1983; 
49 FR 3763, Jan. 30, 1984; 55 FR 13504, Apr. 11, 1990; 81 FR 11031, Mar. 
2, 2016]



  Sec. Exhibit D to Subpart K of Part 1944--Amendment to Technical and 
                 Supervisory Assistance Grant Agreement

    This Amendment to Agreement dated -------------------- 19---- 
between
herein called ``Grantee,'' organized and operating under________________
________________________________________________________________________
(authorizing State Statute)

and the United States of America acting through the Farmers Home 
Administration,

[[Page 184]]

Department of Agriculture, herein called ``FmHA,'' or its successor 
agency under Public Law 103-354 amends the Technical and Supervisory 
Assistance Grant Agreement'' between the parties hereto dated ----------
---------- 19----, hereinafter called the ``Agreement.''
    Said Agreement is amended by changing the ending date specified in 
paragraph 2 of part B of the Agreement from ------------------ to ------
------------ and/or by making the following changes noted in the 
attachments hereto: (List and identify proposal and any other documents 
pertinent to the grant which are attached to the Amendment.)
    Agreed to this ---------- day of -------------- 19----.

________________________________________________________________________
(Name of Grantee)

By______________________________________________________________________
 (Signature)

________________________________________________________________________

 (Title)

United States of America

By______________________________________________________________________

 (Signature)

________________________________________________________________________

 (Title)

Farmers Home Administration or its successor agency under Public Law 
103-354

________________________________________________________________________

 (Date)



  Sec. Exhibit E to Subpart K of Part 1944--Guide Letter to Delinquent 
  FmHA or Its Successor Agency Under Public Law 103-354 Single Family 
                         Housing Loan Borrowers

Dear____________________________________________________________________
(name of borrower):

    This is to advise you that (name of TSA grantee) is available to 
provide independent counseling services to Farmers Home Administration 
(FmHA) or its successor agency under Public Law 103-354 borrowers in 
need of financial management assistance. These services may assist you 
in resolving your present delinquency in your housing loan.
    This organization is prepared to provide financial and budget 
counseling at no charge to you. Their counseling services include advice 
on debt levels and credit purchases, consumer and cost awareness, debt 
adjustment procedures, and other financial information and services.
    You are urged to take advantage of this program. However, your 
participation is voluntary and does not relieve you of any of your loan 
obligations to FmHA or its successor agency under Public Law 103-354 or 
limit the remedies FmHA or its successor agency under Public Law 103-354 
has to bring your loan current or recover the loan in full. Any plan 
altering your repayment schedule in any way must be approved by this 
office. However, it is our intention to work with you and the counseling 
organization in every way we can to resolve your delinquency.
    If you want to participate in this program, please sign the attached 
copy of this letter and return it to this office. At that time we will 
advise (name of TSA grantee) that you are interested in their services 
and provide them with the information they need to contact you. Only 
information available to the general public will be released.
    We are sure you agree that it is in your interest to make every 
effort to bring your account current. We look forward to your return of 
the attached copy of this letter.

Sincerely,

County Supervisor
Farmers Home Administration or its successor agency under Public Law 
103-354

Enclosure

(On attached copy only:)
    I desire to participate in the counseling program with (name of TSA 
grantee).

________________________________________________________________________
 Borrower

________________________________________________________________________
 Date

Subparts L-M [Reserved]



                  Subpart N_Housing Preservation Grants

    Source: 58 FR 21894, Apr. 26, 1993, unless otherwise noted.



Sec.  1944.651  General.

    (a) This subpart sets forth the policies and procedures for making 
grants under section 533 of the Housing Act of 1949, 42 U.S.C. 1490(m), 
to provide funds to eligible applicants (hereafter also referred to as 
grantee(s)) to conduct housing preservation programs benefiting very 
low- and low-income rural residents. Program funds cover part or all of 
the grantee's cost of providing loans, grants, interest reduction 
payments or other assistance to eligible homeowners, owners of single or 
multiple unit rental properties or for the benefit of owners (as 
occupants) of consumer cooperative housing projects (hereafter also 
referred to as co-ops). Such assistance will be used to reduce the cost 
of repair and rehabilitation, to

[[Page 185]]

remove or correct health or safety hazards, to comply with applicable 
development standards or codes, or to make needed repairs to improve the 
general living conditions of the resident(s), including improved 
accessibility by handicapped persons. Such assistance will be used to 
reduce the cost of repair and rehabilitation, to remove or correct 
health or safety hazards, to comply with applicable development 
standards or codes, or to make needed repairs to improve the general 
living conditions of the residents, including improved accessibility by 
persons with a disability. Individual housing that is owner occupied may 
qualify for replacement housing when it is determined by the grantee 
that the housing is not economically feasible for repair or 
rehabilitation.
    (b) The Rural Housing Service (RHS) will provide Housing 
Preservation Grant (HPG) assistance to grantees who are responsible for 
providing assistance to eligible persons without discrimination because 
of race, color, religion, sex, national origin, age, familial status, or 
disability.
    (c) The preapplication must only address a proposal to finance 
repairs and rehabilitation activities to individual housing or rental 
properties or co-ops. Any combination proposal will not be accepted.
    (d) Any processing or servicing activity conducted pursuant to this 
subpart involving authorized assistance to RHS employees, members of 
their families, known close relatives, or business or close personal 
associates, is subject to the provisions of subpart D of part 1900 of 
this chapter. Applicants for this assistance are required to identify 
any known relationship or association with an RHS employee.

[58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26208, May 13, 1997]



Sec.  1944.652  Policy.

    (a) The policy of RHS is to provide HPG's to grantees to operate a 
program which finances repair and rehabilitation activities to 
individual housing, rental properties, or co-ops for very low- and low-
income persons. Individual housing that is owner occupied may qualify 
for replacement housing when it is determined by the grantee that the 
housing is not economically feasible for repair or rehabilitation. 
Grantees are expected to:
    (1) Coordinate and leverage funding for repair and rehabilitation 
activities, as well as replacement housing, with housing and community 
development organizations or activities operating in the same geographic 
area; and
    (2) Focus the program on rural areas and smaller communities so that 
it serves very low and low-income persons.
    (b) RHS intends to permit grantees considerable latitude in program 
design and administration. The forms or types of assistance must provide 
the greatest long-term benefit to the greatest number of persons 
residing in individual housing, rental properties, or co-ops needing 
repair and rehabilitation or replacement of individual housing.
    (c) Repairs and rehabilitation or replacement activities affecting 
properties on or eligible for listing on the National Register of 
Historic Places will be accomplished in a manner that supports national 
historic preservation objectives as specified in Sec.  1944.673.

[62 FR 26208, May 13, 1997]



Sec.  1944.653  Objective.

    The objective of the HPG program is to repair or rehabilitate 
individual housing, rental properties, or co-ops owned and/or occupied 
by very low- and low-income rural persons. Grantees will provide 
eligible homeowners, owners of rental properties, and owners of co-ops 
with financial assistance through loans, grants, interest reduction 
payments or other comparable financial assistance for necessary repairs 
and rehabilitation. Further, individual housing that is owner occupied 
may qualify for replacement housing when it is determined by the grantee 
that the housing is not economically feasible for repair or 
rehabilitation, except as specified in Sec.  1944.659.

[58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26209, May 13, 1997]



Sec.  1944.654  Debarment and suspension--drug-free workplace.

    (a) For purposes of this subpart, exhibit A of RD Instruction 1940-M

[[Page 186]]

(available in any Agency office) requires all Rural Development 
applicants; for an HPG to sign and submit with their preapplication, 
Form AD-1047, ``Certification Regarding Debarment, Suspension, and Other 
Responsibility Matters--Primary Covered Transactions,'' which basically 
states that the applicant has not been debarred or suspended from 
Government assistance. Further, all grantees after receiving a HPG must 
obtain a signed certification (Form AD-1048, ``Certification Regarding 
Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier 
Covered Transactions'') from all persons or entities (excluding 
homeowner recipients) that the grantee does business with as a result of 
the HPG. Grantees are responsible for informing these persons or 
entities of the provisions of exhibit A of RD Instruction 1940-M 
(available in any Agency office) and of maintaining Form AD-1048 in the 
grantee's office.
    (b) Grantees must also be made aware of the Drug-free Workplace Act 
of 1988 requirements found in exhibit A of RD Instruction 1940-M 
(available in any Rural Development office). For this subpart, a grantee 
is defined as any organization who applies for or receives a direct 
grant from Rural Development. All preapplications must include a signed 
Form AD-1049, ``Certification Regarding Drug-free Workplace Requirements 
(Grants) Alternative I--Grants Other Than Individuals.''

[58 FR 21894, Apr. 26, 1993, as amended at 61 FR 39851, July 31, 1996]



Sec.  1944.655  [Reserved]



Sec.  1944.656  Definitions.

    References in this subpart to District, State, National and Finance 
Offices, and to District Director, State Director, and Administrator 
refer to Rural Development offices and officials and should be read as 
prefaced by Rural Development. Terms used in this subpart have the 
following meanings:
    Adjusted income. As defined in 7 CFR 3550.54(c).
    Applicant or grantee. Any eligible organization which applies for or 
receives HPG funds under a grant agreement.
    Cooperative (co-op). For the purposes of the HPG program, a 
cooperative (co-op) is one which:
    (1) Is a corporation organized as a consumer cooperative;
    (2) Will operate the housing on a nonprofit basis solely for the 
benefit of the occupants; and
    (3) Is legally precluded from distributing, for a minimum period of 
5 years from the date of HPG assistance from the grantee, any gains or 
profits from operation of the co-op. For this purpose, any patronage 
refunds to occupants of the co-op would not be considered gains or 
profits. A co-op may accept non-members as well as members for occupancy 
in the project.
    Grant agreement. The contract between Agency and the grantee which 
sets forth the terms and conditions under which HPG funds will be made 
available. (See exhibit A of this subpart which is available in any 
Agency office.)
    Homeowner. For the purposes of the HPG program, a homeowner is one 
who can meet the conditions of income and ownership under Sec.  1944.661 
of this subpart.
    Household. For the purposes of the HPG program, a household is 
defined as all persons living all or part of the next 12 months in a 
unit or dwelling assisted with HPG funds.
    Housing preservation. The repair and rehabilitation activities that 
contribute to the health, safety, and well-being of the occupant, and 
contribute to the structural integrity or long-term preservation of the 
unit. As a result of these activities, the overall condition of the unit 
or dwelling must be raised to meet Thermal Standards for existing 
structures adopted by the locality/jurisdiction and applicable 
development standards for existing housing recognized by RHS in subpart 
A of part 1924 or standards contained in any of the voluntary national 
model codes acceptable upon review by RHS. Properties included on or 
eligible for inclusion on the National Register of Historic Places are 
subject to the standards and conditions of Sec.  1944.673. The term 
``housing preservation'' does not apply to replacement housing.
    HPG. Housing Preservation Grant.

[[Page 187]]

    Low income. An adjusted annual income that does not exceed the 
``lower'' income limit according to size of household as established by 
the United States Department of Housing and Urban Development (HUD) for 
the county or Metropolitan Statistical Area (MSA) where the property is 
located. Maximum low-income limits are set forth in Appendix 9 of HB-1-
3550 (available in any Rural Development office).
    Organization. An organization is defined as one of the following:
    (1) A State, commonwealth, trust territory, other political 
subdivision, or public nonprofit corporation authorized to receive and 
administer HPG funds;
    (2) An American Indian tribe, band, group, nation, including Alaskan 
Indians, Aleuts, Eskimos and any Alaskan Native Village, of the United 
States which is considered an eligible recipient under the Indian Self-
Determination and Education Assistance Act (Pub. L. 93-638) or under the 
State and Local Fiscal Assistance Act of 1972 (Pub. L. 92-512);
    (3) A private nonprofit organization, including faith-based and 
community organizations, that is owned and controlled by private persons 
or interests for purposes other than making gains or profits for the 
corporation, is legally precluded from distributing any gains or profits 
to its members, and is authorized to undertake housing development 
activities; or
    (4) A consortium of units of government and/or private nonprofit 
organizations, including faith-based and community organizations, which 
is otherwise eligible to receive and administer HPG funds and which 
meets the following conditions:
    (i) Be comprised of units of government and/or private nonprofit 
corporations that are close together, located in the same state, and 
serve areas eligible for USDA Rural Development assistance; and
    (ii) Have executed an agreement among its members designating one 
participating unit of government or private nonprofit corporation as the 
applicant or designating a legal entity (such as a Council of 
Governments) to be the applicant.
    Overcrowding. Guidance is provided at 7 CFR 3560.155(e). These 
guidelines should result in an ideal range of persons per housing unit.
    Rental properties. Rental properties are defined as single-unit or 
multi-unit dwellings used for occupancy by tenants, owners, or members 
of an owner's immediate family.
    Replacement housing. The replacement of existing, individual owner 
occupied housing where repair and rehabilitation assistance is not 
economically feasible or practical. The term replacement housing does 
not apply to housing preservation. The overall condition of the unit or 
dwelling must meet Thermal Standards adopted by the locality/
jurisdiction for new or existing structures and applicable development 
standards for new or existing housing recognized by RHS in subpart A of 
part 1924 or standards contained in any of the voluntary national model 
codes acceptable upon review by RHS. Properties included on or eligible 
for inclusion on the National Register of Historic Places are subject to 
the standards and conditions of Sec.  1944.673 prior to replacement.
    RHS. RHS means the Rural Housing Service, or a successor agency.
    Rural area. The definition in 7 CFR part 3550 applies.
    Tenant. Any person who resides in a single- or multi-unit rental 
property.
    Very low-income. An adjusted annual income that does not exceed the 
very low-income limit according to size of household as established by 
HUD for the county of MSA where the property is located. Maximum very 
low-income limits are set forth in 7 CFR part 3550.

[58 FR 21894, Apr. 26, 1996, as amended at 61 FR 39851, July 31, 1996; 
62 FR 26209, May 13, 1997; 67 FR 78329, Dec. 24, 2002; 69 FR 69105, Nov. 
26, 2004; 72 FR 70221, Dec. 11, 2007; 73 FR 36268, June 26, 2008]



Sec.  1944.657  Restrictions on lobbying.

    All applicants must comply with RD Instruction 1940-Q (available in 
any Rural Development office) which prohibits applicants of Federal 
grants from using appropriated funds for lobbying the Federal Government 
in connection with a specific grant.

[[Page 188]]



Sec.  1944.658  Applicant eligibility.

    (a) To be eligible to receive a grant, the applicant must:
    (1) Be an organization as defined in Sec.  1944.656 of this subpart;
    (2) Have the necessary background and experience on the part of its 
staff or governing body with proven ability to perform responsibility in 
the field of low-income rural housing development, repair and 
rehabilitation, or have other business management or administrative 
experience which indicates an ability to operate a program providing 
repair and rehabilitation financial assistance as well as for 
replacement housing;
    (3) Legally obligate itself to administer HPG funds, provide an 
adequate accounting of the expenditure of such funds in compliance with 
the terms of this regulation, the grant agreement, and 2 CFR part 200 as 
adopted by USDA through 2 CFR part 400 (available in any Rural 
Development office), as appropriate, and comply with the grant agreement 
and Rural Development regulations; and
    (4) If the applicant is engaged in or plans to become engaged in any 
other activities, provide sufficient evidence and documentation that 
they have adequate resources, including financial resources, to carry on 
any other programs or activities to which they are committed without 
jeopardizing the success and effectiveness of the HPG project.
    (b) An applicant will not be considered eligible if it is a 
nonprofit entity and its proposal is based solely on an identity of 
interest, as defined in Sec.  1924.4(i) of subpart A of part 1924 of 
this chapter, between the applicant and the owner(s) of the proposed 
dwelling or co-op to be rehabilitated or repaired.

[58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26209, May 13, 1997; 79 
FR 76011, Dec. 19, 2014]



Sec.  1944.659  Replacement housing.

    Replacement housing applies only to existing, individual owner 
occupied housing. Replacement housing does not apply to rental 
properties (single-unit or multiple-unit) or to cooperative housing 
projects. The grantee is responsible for determining the extent of the 
repairs and rehabilitation prior to any assistance given to an 
individual homeowner. If the cost of such repairs and rehabilitation is 
not economically feasible, then the grantee may consider replacing the 
existing housing with replacement housing, subject to the following:
    (a) The HPG grantee:
    (1) Shall document the total costs for all repairs and 
rehabilitation of the existing housing; and
    (2) Shall document the basis for the determination that the costs 
for all repairs and rehabilitation for the existing housing are not 
economically feasible.
    (b) The individual homeowner:
    (1) Must meet all requirements of Sec.  1944.661;
    (2) Must lack the income and repayment ability to replace their 
existing home without the assistance of the HPG grantee;
    (3) Must have been determined by the HPG grantee and RHS to be 
unable to afford a loan under section 502 for replacement housing; and
    (4) Must be able to afford the replacement housing on terms set 
forth by the HPG grantee.
    (c) The existing home:
    (1) Must be demolished as part of the process of providing 
replacement housing. It will be determined by the grantee and individual 
homeowner when is the best time for demolition; and
    (2) May not be sold to make way for the replacement housing.
    (d) The replacement housing:
    (1) May be either new housing or a dwelling brought onto the site of 
the existing housing;
    (2) May use no more than $15,000 in HPG funds;
    (3) Must meet all applicable requirements of 7 CFR 3550.57; and
    (4) May not be sold within 5 years of completion of the project.
    (e) Any moneys received by the homeowner from selling salvaged 
material after demolishing the existing home must be used towards the 
replacement housing.

[62 FR 26209, May 13, 1997]

[[Page 189]]



Sec.  1944.660  Authorized representative of the HPG applicant and 
Rural Development point of contact.

    (a) Rural Development will deal only with authorized representatives 
designated by the HPG applicant.
    (b) The State Director will designate either the State Office and/or 
the District Office as the processing office and/or the servicing office 
for the HPG program. The State Director's selection may be based on 
staffing, total program size, number of preapplications anticipated, 
type of applicants, or similar criteria. The State Director must publish 
this designation each year at the time the Federal Register is published 
informing the public of the open period for acceptance of 
preapplications as outlined in Sec.  1944.678 of this subpart.



Sec.  1944.661  Individual homeowners--eligibility for HPG assistance.

    The individual homeowners assisted must have income that meets the 
very low- or low-income definitions, be the owner of an individual 
dwelling at least 1 year prior to the time of assistance, and be the 
intended occupant of the dwelling subsequent to the time of assistance. 
The dwelling must be located in a rural area and be in need of housing 
preservation assistance. Each homeowner is required to submit evidence 
of income and ownership for retention in the grantee's files.
    (a) Income. Determination of income will be made in accordance with 
7 CFR 3550.54(c). All members of the household, as defined in Sec.  
1944.656 of this subpart, must be included when determining income. 
Grantees must use certifications, may require additional information 
from the homeowner, and should seek advice from their attorney.
    (b) Ownership. Evidence of ownership may be a photostatic copy of 
the instrument evidencing ownership. Methods for assuring the intention 
of the homeowner to continue to occupy the unit after assistance will be 
established by the grantee. Any of the following will satisfy or fulfill 
this requirement of ownership:
    (1) Full marketable title.
    (2) An undivided or divided interest in the property to be repaired, 
rehabilitated, or replaced when not all of the owners are occupying the 
property. HPG assistance may be made in such cases when:
    (i) The occupant has been living in the house for at least 1 year 
prior to the date of requesting assistance;
    (ii) The grantee has no reason to believe the occupant's position of 
owner/occupant will be jeopardized as a result of the improvements to be 
made with HPG funds; and
    (iii) In the case of a loan, and to the extent possible, the co-
owner(s) should also sign the security instrument.
    (3) A leasehold interest in the property to be repaired, 
rehabilitated, or replaced. When the potential HPG recipient's 
``ownership'' interest in the property is based on a leasehold interest, 
the lease must be in writing and a copy must be included in the 
grantee's file. The unexpired portion of the lease must not be less than 
5 years and must permit the recipient to make modifications to the 
structure without increasing the recipient's lease cost.
    (4) A life estate, with the right of present possession, control, 
and beneficial use of the property.
    (5) Land assignments may be accepted as evidence of ownership only 
for American Indians living on a reservation, when historically the 
permits have been used by the tribe and have had the comparable effect 
of a life estate.
    (c) Other evidence of ownership. The following items may be accepted 
as evidence of ownership if a recorded deed cannot be provided:
    (1) Any legal instrument, whether or not recorded, which is commonly 
considered evidence of ownership.
    (2) Evidence that the person(s) receiving assistance from the HPG 
grantee is listed as the owner of the property by the local taxing 
authority and is responsible for any real estate taxes.
    (3) Affidavits by others in the community that the person(s) 
receiving assistance from the HPG grantee has occupied the property as 
the apparent owner for a period of not less than 10 years, and is 
generally believed to be the owner.

[58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26209, May 13, 1997]

[[Page 190]]



Sec.  1944.662  Eligibility of HPG assistance on rental properties
or co-ops.

    (a) Ownership. The owner(s) of rental properties or co-ops must own 
the dwelling at the time of receiving assistance from the HPG grantee. 
The dwelling must be located in a rural area and be in need of housing 
preservation assistance. Evidence of ownership may be a photostatic copy 
of the instrument evidencing ownership. Owners of rental properties and 
co-ops are required to submit evidence of ownership for retention in the 
grantee's files. Any of the following will satisfy or fulfill this 
requirement of ownership:
    (1) Full marketable title.
    (2) An undivided or divided interest in the property to be repaired 
or rehabilitated.
    (3) A leasehold interest in the property to be repaired or 
rehabilitated. Ownership interest in the property is based on a 
leasehold interest. The lease must be in writing and a copy must be 
included in the grantee's file. The unexpired portion of the lease must 
not be less than 5 years and must permit the recipient to make 
modifications to the structure without increasing the recipient's lease 
cost.
    (4) Land assignments may be accepted as evidence of ownership only 
for American Indians living on a reservation, when historically the 
permits have been used by the tribe and have had the comparable effect 
of a life estate.
    (b) Tenant eligibility. The following requirements must be met in 
order for a unit within a rental property or co-op to be assisted with 
HPG funds:
    (1) The tenant must have income that meets the very low- or low-
income definition.
    (2) The tenant must be the intended occupant of the unit, but is not 
required to have resided previously in the dwelling.
    (3) Any owner(s) who receives assistance from an HPG grantee or a 
member of the immediate family of the owner(s), who also resides in the 
unit within the dwelling to be repaired or rehabilitated is eligible to 
have their unit repaired or rehabilitated, if they are income eligible 
and meet all other requirements.
    (c) Identity of interest. When an identity of interest, as defined 
in Sec.  1924.4(i) of subpart A of part 1924 of this chapter, exists 
between a nonprofit entity and the owner(s) of a dwelling, the property 
is not eligible for assistance.



Sec.  1944.663  Ownership agreement between HPG grantee and rental 
property owner or co-op.

    HPG assistance may be provided by a grantee with respect to rental 
properties or co-ops only if the following conditions are met by the 
rental property owner(s) or by the co-op during a minimum 5 year 
restrictive period beginning on the date agreed upon in the agreement 
between the grantee and the rental property owner (or co-op). The HPG 
grantee is responsible for preparing, executing, and monitoring for 
compliance, the ownership agreement with the owner(s) of the rental 
property or the co-op. The rental property owner(s) or the co-ops are 
required to enter into an ownership agreement with the grantee to assure 
compliance with the requirements of this section.
    (a) Ownership agreement. At a minimum, the ownership agreement must 
include the following clauses:
    (1) The owner(s) agrees to make the units repaired or rehabilitated 
available for occupancy to very low- or low-income persons for a period 
of not less than 5 years, such restrictive period beginning on the date 
agreed upon in the agreement between the grantee and the rental property 
owner(s) or co-op.
    (2) The owner(s) agrees to pass on to the tenants any reduction in 
the debt service payments resulting from the HPG assistance provided by 
the HPG grantee to the owner(s).
    (3) The owner(s) of rental properties agrees not to convert the 
units to condominium ownership. In the case of co-ops, the owner(s) 
agrees not to convert the dwelling(s) to condominium ownership or any 
form of cooperative ownership not eligible under this section. This 
paragraph (a)(3) is subject to the restrictive period noted in paragraph 
(a)(1) of this section.
    (4) The owner(s) agrees not to refuse to rent a unit to any person 
solely because the person is receiving or is eligible to receive 
assistance under any

[[Page 191]]

Federal, State, or local housing assistance program.
    (5) The owner(s) agrees that the units repaired or rehabilitated 
will be occupied or available for occupancy by persons of very low- or 
low-income.
    (6) The owner(s) agrees to enter into and abide by written leases 
with the tenants and that such leases shall provide that the tenants may 
be evicted only for good cause.
    (7) The owner(s) agrees that, in the event the owner(s) or the 
owner's successors in interest fail to carry out the requirements of 
this section during the applicable period, they shall make a payment to 
Rural Development in an amount that equals the total amount of 
assistance provided by the grantee plus interest thereon (without 
compounding) for each year and any fraction thereof that the assistance 
was outstanding. The interest rate shall be that as determined by Rural 
Development at the time of infraction taking into account the average 
yield on outstanding marketable long-term obligations of the United 
States during the month preceding the date on which the assistance was 
initially made available.
    (8) The owner(s) agrees that, notwithstanding any other provisions 
of law, the HPG assistance provided to the owner(s) shall constitute a 
debt which is payable in the case of any failure of this section and 
shall be secured by a security instrument provided by the owner(s) or 
co-op to the grantee, that provides for Rural Development to take such 
action upon incapacity or dissolution of the grantee.
    (9) The owner(s) agrees and certifies that the assistance is being 
made available in conformity with Public Law 88-352, the ``Civil Rights 
Act of 1964,'' and Public Law 90-284, the ``Civil Rights Act of 1968.''
    (b) Responsibilities of the grantee. The grantee is responsible for 
insuring through verification and monitoring that the areas listed below 
are in compliance:
    (1) That HPG funds used for loans, grants, or interest reduction 
payments providing repair or rehabilitation assistance to owners of 
rental properties or co-ops are not in excess of 75 percent of the total 
cost of all repairs and rehabilitation activities eligible for HPG 
assistance.
    (2) That the owner(s) is not repairing and/or rehabilitating any 
unit unless it meets the requirements of Sec.  1944.662 (b)(3) of this 
subpart.
    (3) That rental property units being repaired and/or rehabilitated 
and occupied by owners or members of the owner's immediate family meet 
all other requirements of this subpart.
    (4) That, for multi-units not considered eligible as a result of 
paragraph (b)(2) or (b)(3) of this section, the grantee and owner(s) 
shall agree on a method, if any is needed, of determining the prorata 
share of repairs and rehabilitation activities to the dwelling, based on 
a percentage of the ineligible units to the total dwelling.



Sec.  1944.664  Housing preservation and replacement housing assistance.

    (a) Grantees are responsible for providing loans, grants, or other 
comparable assistance to homeowners, owners of rental properties or co-
ops for housing preservation or for replacement housing as described in 
Sec.  1944.656.
    (b) HPG funds used for loans, grants, or interest reduction payments 
to provide rental repair and/or rehabilitation assistance to owners of 
rental properties or co-ops shall not exceed the requirement noted in 
Sec.  1944.663(b)(1) of this subpart.
    (c) Authorized housing preservation assistance includes, but is not 
limited to, cost of labor and materials for:
    (1) Installation and/or repair of sanitary water and waste disposal 
systems, together with related plumbing and fixtures, which will meet 
local health department requirements;
    (2) Energy conservation measures such as:
    (i) Insulation; and
    (ii) Combination screen-storm windows and doors;
    (3) Repair or replacement of the heating system including the 
installation of alternative systems such as woodburning stoves or space 
heaters, when appropriate and if local codes permit;
    (4) Electrical wiring;
    (5) Repair of, or provision for, structural supports and 
foundations;
    (6) Repair or replacement of the roof;

[[Page 192]]

    (7) Replacement of severely deteriorated siding, porches or stoops;
    (8) Alterations of the unit's interior or exterior to provide 
greater accessibility for any handicapped person;
    (9) For properties listed on or eligible for the National Register 
of Historic Places, activities associated with conforming repair and 
rehabilitation activities to the standards and/or design comments 
resulting from the consultation process contained in Sec.  1944.673 of 
this subpart;
    (10) Necessary repairs to manufactured housing provided:
    (i) For homeowners only, the recipient owns the home and the site on 
which the home is situated and the homeowner has occupied that home on 
that site for at least 1 year prior to receiving HPG assistance; and
    (ii) For homeowners, owners of single- or multiple-unit rental 
properties, and co-ops, the manufactured housing is on a permanent 
foundation or will be put on a permanent foundation with HPG funds. 
Advice on the requirements for a permanent foundation is available from 
Rural Development. Guidance may be found in Sec.  1944.223(e) of subpart 
E of this part and in exhibit J of subpart A of part 1924 of this 
chapter;
    (11) Additions to any dwelling (conventional or manufactured) only 
when it is clearly necessary to alleviate overcrowding or to remove 
health hazards to the occupants; or
    (12) Relocation costs either permanent or temporary for assistance 
to rental properties or co-ops, as noted in Sec.  1944.667 of this 
subpart.
    (d) Authorized replacement housing assistance includes, but is not 
limited to:
    (1) Building a dwelling and providing related facilities for use by 
the individual homeowner as a permanent resident;
    (2) Providing a safe and sanitary water and waste disposal system, 
together with related plumbing and fixtures, which will meet local 
health department requirements;
    (3) Providing minimum site preparation and other on-site improvement 
including grading, foundation plantings, and minimal landscaping, and 
other on-site improvements required by local jurisdictions;
    (4) Providing special design features or equipment when necessary 
because of physical handicap or disability of the HPG recipient or 
member of the household;
    (5) Purchasing and installing approved energy saving measures and 
approved furnaces and space heaters which use a type of fuel that is 
commonly used, and is economical and dependably available;
    (6) Providing storm cellars and similar protective structures, if 
typical for the area;
    (7) Paying real estate taxes which are due and payable on the 
existing dwelling or site at the time of closing, if this amount is not 
a substantial part of the HPG assistance. (HPG assistance may not be 
made available if the real estate taxes which are due and payable are 
not paid at the time assistance is granted.);
    (8) Providing living area for the HPG recipient and all members of 
the household as required in 7 CFR 3550.54(c);
    (9) Moving a dwelling onto the site of the demolished, previously 
existing housing and meeting all HPG housing preservation requirements 
for repair and rehabilitation;
    (10) Providing funds for demolishing the existing housing; and
    (11) Any other cost that is reasonable and justifiable directly 
related to replacement activities.
    (e) HPG funds may be used for payment of incidental expenses 
directly related to accomplishing authorized activities such as fees for 
connection of utilities (water, sewer, gas, electric), credit reports, 
surveys, title clearance, loan closing, inspections, and architectural 
or other technical services. All fees will be in accordance with local 
prevailing rates and so documented.
    (f) HPG funds may be used where they do not contribute to the 
health, safety and well being of the occupant or do not materially 
contribute to the structural integrity or long-term preservation of the 
unit. The percentage of the funds to be used for such purposes must not 
exceed 20 percent of the total funding for the unit(s) and/or dwelling, 
and such work must be combined with improvements listed as eligible 
under

[[Page 193]]

paragraph (c) of this section. These improvements may include, but are 
not limited to the following:
    (1) Painting;
    (2) Paneling;
    (3) Floor covering, including carpeting;
    (4) Improving clothes closets or shelving;
    (5) Improving kitchen cabinets;
    (6) Air conditioning; or
    (7) Landscape plantings.
    (g) Under the following conditions, HPG funds may be used to 
reimburse the grantee for authorized housing preservation or replacement 
housing activities performed by employees of the grantee where the 
grantee acts as a construction contractor and furnishes construction 
services:
    (1) The grantee must demonstrate that such work performed by the 
grantee results in cost savings in terms of time and labor over cost for 
such work prevailing in the area;
    (2) The grantee has established a process for third party review of 
all performance by a local government, building inspector or other 
independent party;
    (3) The grantee has established or makes available a process that 
provides for consumer protection to the individual homeowner, owner of a 
rental property, or co-op assisted; and
    (4) The grantee's accounting system provides a clear delineation 
between administrative costs and construction contractor (non-
administrative) costs.
    (h) HPG funds may not be used to:
    (1) Assist in the construction or completion of an addition 
(excluding paragraph (c)(11) of this section) or a new dwelling. This 
paragraph does not apply to replacement housing.
    (2) Refinance any debt or obligation of the grantee, the individual 
homeowner, owners of a rental property, or co-ops other than obligations 
incurred for eligible items covered by this section entered into after 
the date of agreement with the HPG grantee.
    (3) Repair or rehabilitate as well as replace any property located 
in the Coastal Barrier Resources System.

[58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26210, May 13, 1997]



Sec.  1944.665  Supervision and inspection of work.

    Grantees are responsible for supervising all rehabilitation and 
repair work, as well as replacement housing financed with HPG 
assistance. After all HPG work has been completed, a final inspection 
must be done by a disinterested third party, such as local building and 
code enforcement officials. If there are no such officials serving the 
area where HPG activities will be undertaken, or if the grantee would 
also normally make such inspections, the grantee must use qualified 
contract or fee inspectors.

[58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26210, May 13, 1997]



Sec.  1944.666  Administrative activities and policies.

    Grant funds are to be used primarily for housing repair and 
rehabilitation activities. Use of grant funds for direct and indirect 
administrative costs is a secondary purpose and must not exceed 20 
percent of the HPG funds awarded to the grantee.
    (a) Administrative expenses may include:
    (1) payment of reasonable salaries or contracts for professional, 
technical, and clerical staff actively assisting in the delivery of the 
HPG project.
    (2) Payment of necessary and reasonable office expenses such as 
office rental, supplies, utilities, telephone services, and equipment. 
(Any item of nonexpendable personal property having a unit value of 
$1,000 or more, acquired with HPG funds, will be specifically identified 
to Rural Development in writing.)
    (3) Payment of necessary and reasonable administrative costs such as 
workers' compensation, liability insurance, and the employer's share of 
Social Security and health benefits. Payments to private retirement 
funds are permitted if the grantee already has such a fund established 
and ongoing.
    (4) Payment of reasonable fees for necessary training of grantee 
personnel.
    (5) Payment of necessary and reasonable costs for an audit upon 
expiration of the grant agreement.

[[Page 194]]

    (6) Other reasonable travel and miscellaneous expenses necessary to 
accomplish the objectives of the specific HPG grant which were 
anticipated in the individual HPG grant proposal and which have been 
approved as eligible expenses at the time of grant approval.
    (b) HPG administrative funds may not be used for:
    (1) Preparing housing development plans and strategies except as 
necessary to accomplish the specific objectives of the HPG project.
    (2) Substitution of any financial support previously provided or 
currently available from any other source.
    (3) Reimbursing personnel to perform construction related to housing 
preservation assistance. (Non-administrative funds may be used if 
construction is for housing preservation assistance under the provisions 
of Sec.  1944.664(g) of this subpart.
    (4) Buying property of any kind from persons receiving assistance 
from the grantee under the terms of the HPG agreement.
    (5) Paying for or reimbursing the grantee for any expense or debts 
incurred before Rural Development executes the grant agreement.
    (6) Paying any debts, expenses, or costs which should be the 
responsibility of the individual homeowner, owner, tenant or household 
member of a rental property, or owner (member) or non-member of a co-op 
receiving HPG assistance outside the costs of repair and rehabilitation 
as well as for replacement housing (individual homeowners only).
    (7) Any type of political activities prohibited by the Office of 
Management and Budget (OMB) Circular A-122.
    (8) Other costs including contributions and donations, 
entertainment, fines and penalties, interest and other financial costs 
unrelated to the HPG assistance to be provided, legislative expenses, 
and any excess of cost from other grant agreements.
    (9) Paying added salaries for employees paid by other sources, i.e., 
public agencies who pay employees to handle grants.
    (c) Advice concerning ineligible costs may be obtained from Rural 
Development as part of the HPG preapplication review or when a proposed 
cost appears ineligible.
    (d) The grantee may not charge fees or accept any compensation or 
gratuities from HPG recipients for the grantee's technical or 
administrative services under this program. Where the grantee performs 
as a construction contractor, the grantee may be paid such compensation 
directly related to construction services provided and limited to 
authorized housing preservation activities.
    (e) The policies, guidelines and requirements of 2 CFR part 200, as 
adopted by USDA through 2 CFR part 400, apply to the acceptance and use 
of HPG funds.

[58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26210, May 13, 1997; 79 
FR 76011, Dec. 19, 2014]



Sec.  1944.667  Relocation and displacement.

    (a) Relocation. Public bodies and agencies must comply with the 
requirements of the Uniform Relocation Assistance and Real Property 
Acquisition Act of 1970. The grantee must provide assistance for 
permanent or temporary relocation of displaced persons for units 
repaired or rehabilitated or for individual homes replaced with HPG 
assistance. HPG funds may be used to cover costs incurred in the 
relocation of displaced persons. The applicant shall include in its 
statement of activities, a statement concerning the temporary relocation 
of homeowners and/or tenants during the period of repairs and/or 
rehabilitation to the units or dwellings. Any contract or agreement 
between the homeowner and the grantee, as well as between the grantee 
and the owner(s) of rental properties and co-ops shall include a 
statement covering at a minimum;
    (1) The period of relocation (if any);
    (2) The name(s) of the party (or parties) who shall bear the cost of 
temporarily relocating; and
    (3) The name(s) of the party (or parties) who shall bear the cost of 
permanent relocation; and
    (4) If paragraphs (a) (2) or (3) of this section is the grantee, the 
maximum amount of temporary or permanent relocation costs proposed to be 
allowed.

[[Page 195]]

    (b) Displacement. The applicant shall include in its statement of 
activities, a statement as to how its proposed HPG financial assistance 
program shall keep to a minimum the displacement of homeowners and/or 
tenants.

[58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26210, May 13, 1997]



Sec.  1944.668  Term of grant.

    HPG projects may be funded under the terms of a grant agreement for 
a period of up to 2 years commencing on the date of execution of the 
grant agreement by the Rural Development approval official. Term of the 
project will be based upon HPG resources available for the proposed 
project and the accomplishability of the applicant's proposal within 1 
or 2 years. Applicants requesting a 2 year term may be asked to develop 
a feasible 1 year program if sufficient funds are not available for a 2 
year program.



Sec.  1944.669  [Reserved]



Sec.  1944.670  Project income.

    (a) Project income during the grant period from loans made to 
homeowners, owners of rental properties, and co-ops is governed by 2 CFR 
part 200 as adopted by USDA through 2 CFR part 400. All income during 
the grant period, including amounts recovered by the grantee due to 
breach of agreements between the grantee and the HPG recipient, must be 
used under (and in accordance with) the requirements of the HPG program.
    (b) Grantees are encouraged to establish a program which reuses 
income from loans after the grant period for continuing repair and 
rehabilitation activities, as well as for individual housing replaced.

[58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26210, May 13, 1997; 79 
FR 76011, Dec. 19, 2014]



Sec.  1944.671  Equal opportunity requirements and outreach efforts.

    The policies and regulations contained in subpart E of part 1901 of 
this chapter apply to grantees under this subpart.
    (a) Fair housing. The Fair Housing Act prohibits any person or 
entity whose business includes engaging in residential real estate-
related transactions to discriminate against any person in making loans, 
grants, or other financial assistance for a unit or dwelling, or which 
will be secured by a unit or dwelling, because of race, color, religion, 
sex, national origin, age, familial status, or handicap/disability. 
Prohibited practices under this section include:
    (1) Failing to provide any person in connection with a residential 
real estate-related transaction, information regarding the availability 
of loans, grants, or other financial assistance, or providing 
information that is inaccurate or different from that provided others; 
and
    (2) The term residential and real estate-related transaction 
includes the making or purchasing of loans, grants, or other financial 
assistance for purchasing, constructing, improving, repairing, or 
rehabilitating a unit or dwelling, as well as for replacement housing 
for individual homeowners.
    (b) Outreach. In addition, the HPG grantee is required to address an 
outreach effort in their program. The amount of outreach should 
sufficiently reach the entire service area. As a measure of compliance, 
the percentages of the individuals served by the HPG grantee should be 
in proportion to the percentages of the population of the service area 
by race/national origin. If the percentages are not proportional, then 
adequate justification is to be made. Exhibit E-1 of this subpart 
(available in any Rural Development office) will be used to monitor 
these requirements. (Further explanation and guidance of exhibit E-1 can 
be found in exhibit E-2 of this subpart which is available in any Rural 
Development office). A separate file will be maintained by the grantee 
that will include the following outreach activities:
    (1) Community contacts to community organizations, community 
leaders, including minority leaders, by name, race, and date contacted;
    (2) Copies of all advertising in local newspapers, and through other 
media. Any advertising must reach the entire service area. Rural 
Development encourages the use of minority-owned radio stations and 
other types of media, if available, in the service area.

[[Page 196]]

The grantee's file shall also include the name of the media used, and 
the percentage of its patronage by race/national origin; and
    (3) Copies of any other advertising or other printed material, 
including the application form used. The application form shall include 
the nondiscrimination slogan: ``This is an equal opportunity program. 
Discrimination is prohibited by Federal Law.''
    (c) Additional requirements. In order to meet the Fair Housing 
requirements and the nondiscrimination requirements of Title VI of the 
Civil rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, 
and the Age Discrimination Act of 1975, the HPG grantee will need to 
adhere to the recommendations of exhibit H of this subpart (available in 
any Rural Development office).

[58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26210, May 13, 1997]



Sec.  1944.672  Environmental review requirements.

    Grants made under this subpart must comply with the environmental 
review requirements in accordance with 7 CFR part 1970.
    (a) The approval of an HPG grant for the repair, rehabilitation, or 
replacement of dwellings is classified as a Categorical Exclusion, 
pursuant to Sec.  1970.53. As part of their pre-application materials, 
applicants shall submit environmental documentation in accordance with 7 
CFR part 1970, for the geographical areas proposed to be served by the 
program. The applicant shall refer to Part 1944 Subpart N Exhibit F-1.
    (b) The use of HPG funds by the grantee to repair, rehabilitate, or 
replace on the same site, specific dwellings is generally exempt from an 
RHS environmental review. However, if such dwellings are located in a 
floodplain, wetland, or the proposed work is not concurred in by the 
Advisory Council on Historic Preservation under the requirements of 
Sec.  1944.673, an RHS environmental review is required. Dwellings 
within the Coastal Barrier Resources System are not eligible for HPG 
assistance. Applicants must include in their preapplication a process 
for identifying dwellings that may receive housing preservation or 
replacement housing assistance that will require an environmental 
assessment. This may be accomplished through use of exhibit F-2 of this 
subpart (available in any Rural Development State or District Office) or 
another process supplying similar information acceptable to RHS.
    (c) If a specific dwelling is not located in a floodplain, wetland, 
or the proposed work is concurred in by the Advisory Council on Historic 
Preservation under the requirements of Sec.  1944.673 of this subpart, 
no environmental review is required by Rural Development. The grantee 
only needs to indicate its review and compliance with this subpart, 
indicating such in each recipient's file in accordance with paragraph 
(e) of this section.
    (d) When an HPG proposal does not qualify as a categorical exclusion 
under Sec.  1970.53 and may require either an environmental report under 
Sec.  1970.54 or an environmental assessment, the applicant will 
immediately contact the RHS office designated to service the HPG grant. 
Prior to approval of HPG assistance to the recipient by the applicant, 
RHS must complete the environmental review process in accordance with 7 
CFR part 1970, with the assistance of the applicant, as necessary.
    (e) If Rural Development is required to make an environmental 
assessment, the grantee will be provided with a copy of the assessment 
which will be made part of the recipient's file. The grantee must also 
include in each recipient's file:
    (1) Documentation on how the process for historic preservation 
review under Sec.  1944.673 of this subpart has been complied with, 
including all relevant reviews and correspondence; and
    (2) Determination as to whether the unit is located in a 100-year 
floodplain or a wetland.
    (3) Documentation of this review. Suggested language is: ``We have 
considered this dwelling under Rural Development's environmental and 
historic preservation requirements for a HPG (Sec. Sec.  1944.672 and 
1944.673 of this subpart) and an environmental assessment is not 
required. The review was completed in accordance with the process to 
identify properties requiring a Rural

[[Page 197]]

Development environmental assessment approved with our statement of 
activities.''
    (f) Proposed use of funds by an applicant to use monies for 
additions under Sec.  1944.664 (c)(11) of this subpart must be addressed 
in the statement of activities.
    (g) Grantees must contact Rural Development prior to actual usage of 
funds by the grantees under Sec.  1944.664 (c)(11) of this subpart. 
Rural Development must complete the appropriate level of environmental 
review in accordance with subpart G of part 1940 of this chapter.

[58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26210, May 13, 1997; 81 
FR 11031, Mar. 2, 2016]



Sec.  1944.673  Historic preservation and replacement housing requirements
and procedures.

    (a) Rural Development has entered into a Programmatic Memorandum of 
Agreement (PMOA) with the National Conference of State Historic 
Preservation Officers (SHPO) and the Advisory Council on Historic 
Preservation in order to implement the specific requirements regarding 
historic preservation contained in section 533 of the Housing Act of 
1949, 42 U.S.C. 1490(m) of the enabling legislation. The PMOA, with 
attachments, can be found in RD Instruction 2000-FF (available in any 
Rural Development office). A copy of the PMOA will be provided to each 
applicant for a HPG as part of the preapplication package specified in 
paragraph II of exhibit C of this subpart (available in any Rural 
Development office).
    (b) Each applicant for an HPG grant will provide, as part of its 
preapplication documentation submitted to RHS, a description of its 
proposed process for assisting very low-and low-income persons owning 
historic properties needing rehabilitation, repair, or replacement. 
``Historic properties'' are defined as properties that are listed or 
eligible for listing on the National Register of Historic Places. Each 
HPG proposal shall comply with the provisions of Stipulation I, A-G of 
the PMOA (RD Instruction 2000-FF), available in any Rural Development 
State or District Office. Should RHS be required to assume 
responsibility for compliance with 36 CFR part 800 in accordance with 
Stipulation III of the PMOA, the grantee will assist RHS in preparing an 
environmental assessment. RHS will work with the grantee to develop 
alternative actions or mitigation measures, as appropriate.
    (c) Such assumption of responsibility by Rural Development on a 
particular property shall not preclude the grantee from carrying out the 
requirements of 36 CFR part 800 on other properties as though it were a 
Federal agency, but no work may be commenced on any unit or dwelling in 
controversy until and unless so advised by Rural Development.

[58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26211, May 13, 1997]



Sec.  1944.674  Public participation and intergovernmental review.

    (a) In preparing its statement of activities, the applicant is 
responsible for consulting with leaders from the county, parish and/or 
township governments of the area where HPG activities will take place 
for the purpose of assuring that the proposed HPO program is beneficial 
and does not duplicate current activities. American Indian nonprofit 
organization applicants should obtain the written concurrence of the 
tribal governing body in lieu of consulting with the county governments 
when the program is operated only on tribal land.
    (b) The applicant must also make its statement of activities 
available to the public for comment. The applicant must announce the 
availability of its statement of activities for review in a newspaper of 
general circulation in the project area and allow at least 15 days for 
public comment. The start of this 15-day period must occur no later than 
16 days prior to the last day for acceptance of preapplications by Rural 
Development.
    (c) The HPG program is subject to the provisions of Executive Order 
12372, which requires intergovernmental consultation with State and 
local officials. These requirements are set forth in U.S. Department of 
Agriculture regulations 7 CFR part 3015, subpart V, and

[[Page 198]]

RD Instruction 1970-I, `Intergovernmental Review,' available in any 
Agency office or on the Agency's Web site. Prospective applicants for 
HPG grants must submit its statement of activities to the State single 
point of contact prior to submitting their preapplication to Rural 
Development. Evidence of submittal of the statement of activities to the 
State single point of contact is to be submitted with a preapplication. 
Comments and recommendations made through the intergovernmental review 
process are for the purpose of assuring consideration of State and local 
government views. The name of the State single point of contact is 
available from any Rural Development office. This section does not apply 
to American Indian tribes, bands, groups, etc., as noted in Sec.  
1944.656 of this subpart.

[58 FR 21894, Apr. 26, 1993, as amended at 76 FR 80731, Dec. 27, 2011]



Sec.  1944.675  Allocation of HPG funds to States and unused HPG funds.

    The allocation and distribution of HPG funds is found in Sec.  
1940.578 of subpart L of part 1940 of this chapter.



Sec.  1944.676  Preapplication procedures.

    (a) All applicants will file an original and two copies of Standard 
Form (SF) 424.1, ``Application For Federal Assistance (For 
Nonconstruction),'' and supporting information with the appropriate 
Rural Development office. A preapplication package, including SF-424.1, 
is available in any Rural Development office.
    (b) All preapplications shall be accompanied by the following 
information which Rural Development will use to determine the 
applicant's eligibility to undertake the HPG program and to evaluate the 
preapplication under the project selection criteria of Sec.  1944.679 of 
this subpart.
    (1) A statement of activities proposed by the applicant for its HPG 
program as appropriate to the type of assistance the applicant is 
proposing, including:
    (i) A complete discussion of the type of and conditions for 
financial assistance for housing preservation, including whether the 
request for assistance is for a homeowner assistance program, a rental 
property assistance program, or a co-op assistance program;
    (ii) The process for selecting recipients for HPG assistance, 
determining housing preservation needs of the dwelling, performing the 
necessary work, and monitoring/inspecting work performed;
    (iii) A description of the process for identifying potential 
environmental impacts in accordance with Sec.  1944.672 of this subpart, 
and the provisions for compliance with Stipulation I, A-G of the PMOA 
(RD Instruction 2000-FF available in any Rural Development office) in 
accordance with Sec.  1944.673 (b) of this subpart. With the exception 
of Stipulation I, D of the PMOA, this may be accomplished by adoption of 
exhibit F-2 of this subpart (available in any Rural Development office), 
or another process supplying similar information acceptable to Rural 
Development;
    (iv) The development standard(s) the applicant will use for the 
housing preservation work; and, if not the Rural Development development 
standards for existing dwellings, the evidence of its acceptance by the 
jurisdiction where the grant will be implemented;
    (v) The time schedule for completing the program;
    (vi) The staffing required to complete the program;
    (vii) The estimated number of very low- and low-income minority and 
nonminority persons the grantee will assist with HPG funds; and, if a 
rental property or co-op assistance program, the number of units and the 
term of restrictive covenants on their use for very low- and low-income;
    (viii) The geographical area(s) to be served by the HPG program;
    (ix) The annual estimated budget for the program period based on the 
financial needs to accomplish the objectives outlined in the proposal. 
The budget should include proposed direct and indirect administrative 
costs, such as personnel, fringe benefits, travel, equipment, supplies, 
contracts, and other cost categories, detailing those costs for which 
the grantee proposes to use the HPG grant separately from non-HPG 
resources, if any. The applicant budget should also include a schedule 
(with amounts) of how the applicant proposes to draw HPG grant

[[Page 199]]

funds, i.e., monthly, quarterly, lump sum for program activities, etc.;
    (x) A copy of an indirect cost proposal as required in 2 CFR part 
200 as adopted by USDA through 2 CFR part 400, when the applicant has 
another source of federal funding in addition to the HPG program;
    (xi) A brief description of the accounting system to be used;
    (xii) The method of evaluation to be used by the applicant to 
determine the effectiveness of its program which encompasses the 
requirements for quarterly reports to Rural Development in accordance 
with Sec.  1944.683(b) of this subpart and the monitoring plan for 
rental properties and co-ops (when applicable) according to Sec.  
1944.689 of this subpart;
    (xiii) The source and estimated amount of other financial resources 
to be obtained and used by the applicant for both HPG activities and 
housing development and/or supporting activities;
    (xiv) The use of program income, if any, and the tracking system 
used for monitoring same;
    (xv) The applicant's plan for disposition of any security 
instruments held by them as a result of its HPG activities in the event 
of its loss of legal status;
    (xvi) Any other information necessary to explain the proposed HPG 
program; and
    (xvii) The outreach efforts outlined in Sec.  1944.671(b) of this 
subpart.
    (2) Complete information about the applicant's experience and 
capacity to carry out the objectives of the proposed HPG program.
    (3) Evidence of the applicant's legal existence, including, in the 
case of a private nonprofit organization, a copy of, or an accurate 
reference to, the specific provisions of State law under which the 
applicant is organized; a certified copy of the applicant's Articles of 
Incorporation and Bylaws or other evidence of corporate existence; 
certificate of incorporation for other than public bodies; evidence of 
good standing from the State when the corporation has been in existence 
1 year or more; and, the names and addresses of the applicant's members, 
directors and officers. If other organizations are members of the 
applicant-organization, or the applicant is a consortium, 
preapplications should be accompanied by the names, addresses, and 
principal purpose of the other organizations. If the applicant is a 
consortium, documentation showing compliance with Sec.  1944.656 of this 
subpart will also be included.
    (4) For a private nonprofit entity, the most recent audited 
statement and a current financial statement dated and signed by an 
authorized officer of the entity showing the amounts and specific nature 
of assets and liabilities together with information on the repayment 
schedule and status of any debt(s) owed by the applicant. If the 
applicant is an organization being assisted by another private nonprofit 
organization, the same type of financial statement should also be 
provided by that organization.
    (5) A brief narrative statement which includes information about the 
area to be served and the need for improved housing (including both 
percentage and actual number of both low-income and low-income minority 
households and substandard housing), the need for the type of housing 
preservation assistance being proposed, the anticipated use of HPG 
resources for historic properties, the method of evaluation to be used 
by the applicant in determining the effectiveness of its efforts 
(according to paragraph (b)(1)(xii) of this section).
    (6) A statement containing the component for alleviating 
overcrowding as defined by Sec.  1944.656 of this subpart.
    (7) A list of other activities the applicant is engaged in and 
expects to continue, a statement as to any other funding, and whether it 
will have sufficient funds to assure continued operation of the other 
activities for at least the period of the HPG grant agreement.
    (8) Any other information necessary that specifically addresses the 
selection criteria in Sec.  1944.679 of this subpart.
    (c) Grants made under this subpart must be in compliance with the 
environmental review requirements in accordance with 7 CFR part 1970.
    (d) The applicant must submit a description of its process for:
    (1) Identifying and rehabilitating properties that are listed on or 
eligible

[[Page 200]]

for listing on the National Register of Historic Places.
    (2) Identifying properties that are located in a floodplain or 
wetland.
    (3) Identifying properties located within the Coastal Barrier 
Resources System.
    (4) Coordinating with other public and private organizations and 
programs that provide assistance in the rehabilitation of historic 
properties (Stipulation I, D, of the PMOA, RD Instruction 2000-FF, 
available in any Rural Development office).
    (5) Paragraphs (d) (1), (2), and (3) of this section may be 
accomplished by adoption of exhibit F-2 of this subpart (available in 
any Rural Development office), or another process supplying similar 
information acceptable to Rural Development.
    (e) The applicant must submit evidence of SHPO concurrence in the 
proposal, or in the event of nonconcurrence, a copy of SHPO's comments 
together with evidence that the applicant has sought the Advisory 
Council on Historic Preservation's advice as to how the disagreement 
might be resolved, and a copy of any advice provided by the Council.
    (f) The applicant must submit written statements and related 
correspondence reflecting compliance with Sec.  1944.674 (a) and (c) of 
this subpart regarding consultation with local government leaders in the 
preparation of its program and the consultation with local and state 
government pursuant to the provisions of Executive Order 12372.
    (g) The applicant is to make its statement of activities available 
to the public for comment prior to submission to Rural Development 
pursuant to Sec.  1944.674(b) of this subpart. The application must 
contain a description of how the comments (if any were received) were 
addressed.
    (h) The applicant must submit an original and one copy of Form RD 
400-1, ``Equal Opportunity Agreement,'' and Form RD 400-4, ``Assurance 
Agreement,'' in accordance with Sec.  1944.674(c) of this subpart.

[58 FR 21894, Apr. 26, 1993, as amended at 79 FR 76011, Dec. 19, 2014; 
81 FR 11031, Mar. 2, 2016]



Sec.  1944.677  [Reserved]



Sec.  1944.678  Preapplication submission deadline.

    Dates governing the invitation and review of HPG preapplications 
will be published annually in the Federal Register and may be obtained 
from Rural Development offices processing HPG preapplications. 
Preapplications received after the date specified in the Federal 
Register will not be considered for funding in that fiscal year and will 
be returned.



Sec.  1944.679  Project selection criteria.

    (a) Applicants must meet all of the following threshold criteria:
    (1) Provide a financially feasible program of housing preservation 
assistance. Financially feasible is defined as proposed assistance which 
will be affordable to the intended recipient or result in affordable 
housing for very low- and low-income persons;
    (2) Serve eligible rural areas with a concentration of substandard 
housing for households with very low- and low-income;
    (3) Be an eligible applicant entity as defined in Sec.  1944.658 of 
this subpart;
    (4) Meet the requirements of consultation and public comment in 
accordance with Sec.  1944.674 of this subpart; and
    (5) Submit a complete preapplication as outlined in Sec.  1944.676 
of this subpart.
    (b) For applicants meeting all of the requirements listed in 
paragraph (a) of this section, Rural Development will use the weighted 
criteria in this paragraph (b) in the selection of grant recipients. 
Each preapplication and its accompanying statement of activities will be 
evaluated and, based solely on the information contained in the 
preapplication, the applicant's proposal will be numerically rated on 
each criteria within the range provided. The highest ranking 
applicant(s) will be selected based on allocation of funds available to 
the State. Exhibit D of this subpart (available in any Rural Development 
office) will be used to document the rating.
    (1) Points are awarded based on the percentage of very low-income 
persons that the applicant proposes to assist, using the following 
scale:

[[Page 201]]

    (i) More than 80%: 20 points.
    (ii) 61% to 80%: 15 points.
    (iii) 41% to 60%: 10 points.
    (iv) 20% to 40%: 5 points.
    (v) Less than 20%: 0 points.
    (2) The applicant's proposal may be expected to result in the 
following percentage of HPG fund use (excluding administrative costs) to 
total cost of unit preservation. This percentage reflects maximum repair 
or rehabilitation with the least possible HPG funds due to leveraging, 
innovative financial assistance, owner's contribution or other specified 
approaches. Points are awarded based on the following percentage of HPG 
funds (excluding administrative costs) to total funds:
    (i) 50% or less: 20 points.
    (ii) 51% to 65%: 15 points.
    (iii) 66% to 80%: 10 points.
    (iv) 81% to 95%: 5 points.
    (v) 96% to 100%: 0 points.
    (3) The applicant has demonstrated its administrative capacity in 
assisting very low- and low-income persons to obtain adequate housing 
based on the following:
    (i) The organization or a member of its staff has at least one or 
more years experience successfully managing and operating a 
rehabilitation or weatherization type program: 10 points.
    (ii) The organization or a member of its staff has at least one or 
more years experience successfully managing and operating a program 
assisting very low- and low-income persons obtain housing assistance: 10 
points.
    (iii) If the organization has administered grant programs, there are 
no outstanding or unresolved audit or investigative findings which might 
impair carrying out the proposal: 10 points.
    (4) The proposed program will be undertaken entirely in rural areas 
outside MSAs identified by Rural Development as having populations below 
10,000 or in remote parts of other rural areas (i.e., rural areas 
contained in MSAs with less than 5,000 population) as defined in Sec.  
1944.656 of this subpart: 10 points.
    (5) The program will use less than 20 percent of HPG funds for 
administration purposes:
    (i) More than 20%: Not Eligible.
    (ii) 20%: 0 points.
    (iii) 19%: 1 point.
    (iv) 18%: 2 points.
    (v) 17%: 3 points.
    (vi) 16%: 4 points.
    (vii) 15% or less: 5 points.
    (6) The proposed program contains a component for alleviating 
overcrowding as defined in Sec.  1944.656 of this subpart: 5 points.
    (c) In the event more than one preapplication receives the same 
amount of points, those preapplications will then be ranked based on the 
actual percentage figure used for determining the points under paragraph 
(b)(1) of this section. Further, in the event that preapplications are 
still tied, then those preapplications still tied will be ranked based 
on the percentage figures used (low to high) in paragraph (b)(2) of this 
section. Further, for applications where assistance to rental properties 
or co-ops is proposed, those still tied will be further ranked based on 
the number of years the units are available for occupancy under the 
program (a minimum of 5 years is required). For this part, ranking will 
be based from most to least number of years. Finally, if there is still 
a tie, then a ``lottery'' System will be used.

[58 FR 21894, Apr. 26, 1993, as amended at 73 FR 36269, June 26, 2008]



Sec.  1944.680  Limitation on grantee selection.

    After all preapplications have been reviewed under the selection 
criteria and if more than one preapplication has met the criteria of 
Sec.  1944.679(a) of this subpart, the State Director or approval 
official may not approve more than 50 percent of the State's allocation 
to a single entity.



Sec.  1944.681  Application submission.

    Applicants selected by Rural Development will be advised to submit a 
full application in an original and two copies of SF 424.1, and are to 
include any condition or amendments that must be incorporated into the 
statement of activities prior to submitting a full application. 
Instructions on submission and timing will be provided by FmHA or its 
successor agency under Public Law 103-354.

[[Page 202]]



Sec.  1944.682  Preapplication/application review, grant approval, 
and requesting HPG funds.

    The Rural Development offices processing HPG preapplications/
applications will review the preapplications and applications submitted. 
Further review and actions will be taken by Rural Development personnel 
in accordance with exhibit C of this subpart (available in any Rural 
Development office). Exhibit G of this subpart (available in any Rural 
Development office) will be used by the State Office to notify the 
National Office of preapplications received, eligibility, ranking, 
number of proposed units, amount requested by applicants, and amount 
recommended by State Office. Preapplications determined not eligible 
and/or not meeting the selection criteria will be notified in the manner 
prescribed in exhibit C of this subpart (available in any Rural 
Development office). In addition, Rural Development will document its 
findings and advise the applicant of its review rights or appeal rights 
(if applicable) under subpart B of part 1900 of this chapter. 
Applications determined not eligible will be handled in the same manner. 
The preapplications or applications determined incomplete will be 
notified in the manner prescribed in exhibit C of this subpart 
(available in any Rural Development office) and will not be given appeal 
rights. The State Director is authorized to approve an HPG in accordance 
with this subpart and subpart A of part 1901 of this chapter. The State 
Director may delegate this authority in writing to designated State 
Office personnel and District Directors. Further:
    (a) Grant approval is the process by which Rural Development 
determines that all applicable administrative and legal conditions for 
making a grant have been met, the grant agreement is signed, and funds 
have been obligated for the HPG project. If acceptable, the approval 
official will inform the applicant of approval, having the applicant 
sign Form RD 1940-1, ``Request for Obligation of Funds,'' and exhibit A 
of this subpart (available in any Rural Development office). The 
applicant will be sent a copy of the executed grant agreement and Form 
RD 1940-1. Should any conditions be attached to the grant agreement that 
must be satisfied prior to the applicant receiving any HPG funds, the 
grant agreement and the conditions will be returned to the applicant for 
acceptance and acknowledgement on the grant agreement prior to execution 
by the approval official.
    (b) The application may be disapproved before execution of the grant 
agreement if the applicant is no longer eligible, the proposal is no 
longer feasible, or the applicant requests cancellation of its project. 
Except when the applicant requests cancellation, Rural Development will 
document its findings and advise the applicant of its appeal rights 
under subpart B of part 1900 of this chapter.
    (c) With the executed grant agreement and Form RD 1940-1, Rural 
Development will send the approved applicant (now the ``grantee'') 
copies of SF-270, ``Request for Advance or Reimbursement''. The grantee 
must submit an original and two copies of SF-270 to the Rural 
Development office servicing the project. In addition, the grantee must 
submit SF-272, ``Federal Cash Transactions Report,'' each time an 
advance of funds is made. This report shall be used by Rural Development 
to monitor cash advances made to the grantee. Advances or reimbursements 
must be in accordance with the grantee's budget and statement of 
activities, including any amendments, prior approved by Rural 
Development. Requests for reimbursement or advances must be at least 30 
calendar days apart.
    (d) If the grantee fails to submit required reports pursuant to 
Sec.  1944.683 of this subpart or is in violation of the grant 
agreement, Rural Development may suspend HPG reimbursements and advances 
or terminate the grant in accordance with Sec.  1944.688 of this subpart 
and the grant agreement.



Sec.  1944.683  Reporting requirements.

    (a) SF-269, ``Financial Status Report,'' is required of all grantees 
on a quarterly basis. Grantees shall submit an original and two copies 
of the report to the designated Rural Development servicing office. When 
preparing the Financial Status Report, the total program outlays (Item 
10, g, of SF-269) should be less any rebates, refunds, or

[[Page 203]]

other discounts. Reports must be submitted no later than 15 days after 
the end of each calendar quarter.
    (b) Quarterly performance reports shall be submitted by grantees 
with SF-269, in an original and two copies (see exhibit E-1 or this 
subpart which is available in any Rural Development office.) The 
quarterly report should relate the activities during the report period 
to the project's objectives and analyze the effectiveness of the 
program. As part of the grantee's preapplication submission, as required 
by Sec.  1944.676(b) of this subpart, the grantee establishes its 
objectives for the HPG program, including its method of evaluation to 
determine its effectiveness. Accordingly, the report must include, but 
need not be limited to, the following:
    (1) Use of HPG funds for administration and housing preservation 
activities.
    (2) The following specific information for each unit or dwelling 
assisted:
    (i) Name(s), address, and income(s) of each homeowner assisted or 
the name and address of the owner(s) or co-op for each rental property 
(single or multi-unit) or co-op assisted;
    (ii) Total cost of repair/rehabilitation, a list of major repairs 
made, amount financed by HPG, and amount financed from which other 
sources;
    (iii) Type of assistance provided (interest subsidy, loan, grant, 
etc.); and
    (iv) Results of implementing the environmental process contained in 
Sec.  1944.672 of this subpart and the historic preservation process 
contained in Sec.  1944.673 of this subpart.
    (3) The use of HPG and any other funds for replacement housing.
    (4) A comparison of actual accomplishments to the objectives set for 
that period, including:
    (i) The number of very low- and low-income, minority and nonminority 
persons assisted in obtaining adequate housing by the HPG program 
through repair and rehabilitation as well as for replacement housing; 
and
    (ii) The average cost of assistance provided to each household.
    (5) Reasons why, if established objectives are not met.
    (6) Problems, delays, or adverse conditions which will materially 
affect attainment of the HPG grant objectives, prevent the meeting of 
time schedules or objectives, or preclude the attainment of program work 
elements during established time periods. This disclosure shall be 
accompanied by a statement of the action taken or contemplated and any 
Federal or other assistance needed to relieve the situation.
    (7) Objectives established for the next reporting period, 
sufficiently detailed to identify the type of assistance to be provided, 
the number and type of households to be assisted, etc.
    (8) A certification that the final building inspection reports for 
each rehabilitation or repair work financed as well as for replacement 
housing with HPG funds for that quarter is on file.
    (c) The grantee should be prepared to meet with the Rural 
Development office servicing the project to discuss its quarterly report 
shortly after submission.
    (d) If the reports are not submitted in a timely manner or if the 
reports indicate that the grantee has made unsatisfactory progress or 
the grantee is not meeting its established objectives, the Rural 
Development official servicing the grant will recommend to the State 
Director appropriate action to resolve the indicated problem(s). If 
appropriate corrective action is not taken by the grantee, the State 
Director has the discretion to not authorize further advances by 
suspending the project in accordance with Sec.  1944.688 of this subpart 
and the grant agreement.

[58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26211, May 13, 1997]



Sec.  1944.684  Extending grant agreement and modifying the statement 
of activities.

    (a) All requests extending the original grant agreement or modifying 
the HPG program's statement of activities must be in writing. Such 
requests will be processed through the designated Rural Development 
office servicing the project. The approval official will respond to the 
applicant within 30 days of receipt of the request.
    (b) A grantee may request an extension of the grant agreement prior 
to the end of the project term specified in

[[Page 204]]

the grant agreement if the grantee anticipates that there will be grant 
funds remaining and the grantee has demonstrated its ability to conduct 
its program in a manner satisfactory to Rural Development. The approval 
official may approve an extension when:
    (1) The grantee is likely to complete or exceed the goals outlined 
in the approved statement of activities; and
    (2) The Rural Development office responsible for servicing the grant 
recommends continuation of the grant until the grantee has expended all 
of the remaining grant funds.
    (c) Modifications to the statement of activities, such as revising 
the processes the grantee follows in operating the HPG program, may be 
approved by the approval official when the modifications are for 
eligible purposes in accordance with Sec. Sec.  1944.664 and 1944.666 of 
this subpart, meet any applicable review and process requirements of 
this subpart, and the program will continue to serve the geographic area 
originally approved. The grantee will submit its proposed revisions 
together with the necessary supporting information to Rural Development 
prior to modifying its operation from the approved statement of 
activities.
    (d) Exhibit B of this subpart (available in any Rural Development 
office) will be used for all extensions on and modifications to the 
grant agreement.



Sec.  1944.685  [Reserved]



Sec.  1944.686  Additional grants.

    An additional HPG grant may be made when the grantee has achieved or 
nearly achieved the goals established for the previous or existing 
grant. The grantee must file a preapplication for the current fiscal 
year which will be processed and compared under the project selection 
criteria to others submitted at that time.



Sec.  1944.687  [Reserved]



Sec.  1944.688  Grant evaluation, closeout, suspension, and termination.

    (a) Grant evaluation will be an on-going activity performed by both 
the grantee and Rural Development. The grantee will perform self-
evaluations by preparing quarterly performance reports in accordance 
with Sec.  1944.683 of this subpart. Rural Development will also review 
all reports prepared and submitted by the grantee in accordance with the 
grant agreement and this subpart.
    (b) The grant can be suspended or terminated before the grant ending 
date for the causes specified in the grant agreement. No further grant 
funds will be advanced when grant suspension or termination procedures 
have been initiated in accordance with the grant agreement. Grantees may 
be reimbursed for eligible costs incurred prior to the effective date of 
the suspension or termination. Grantees are prohibited from incurring 
additional obligations of funds after notification, pending corrective 
action by the grantee. Rural Development may allow necessary and proper 
costs that the grantee could not reasonably avoid during the period of 
suspension provided they are for eligible HPG purposes. In the event of 
termination, Rural Development may allow necessary and reasonable costs 
for an audit.
    (c) Grantees will have the opportunity to appeal a suspension or 
termination under Rural Development's appeal procedures under subpart B 
of part 1900 of this chapter.
    (d) The grantee will complete the closeout procedures as specified 
in the grant agreement.
    (e) The grantee will have an audit performed upon termination or 
completion of the project in accordance with 2 CFR part 200 as adopted 
by USDA through 2 CFR part 400, as applicable. As part of its final 
report, the grantee will address and resolve all audit findings.

[58 FR 21894, Apr. 26, 1993, as amended at 79 FR 76011, Dec. 19, 2014]



Sec.  1944.689  Long-term monitoring by grantee.

    (a) The grantee is required to perform long-term monitoring on any 
housing preservation program involving rental properties and co-ops. 
This monitoring shall be at least on an annual basis and shall consist 
of, at a minimum, the following:
    (1) All requirements noted in Sec.  1944.663 of this subpart;
    (2) All requirements of the ``ownership agreement'' executed between 
the

[[Page 205]]

grantee and the rental property owner or co-op; and
    (3) All requirements noted in 2 CFR part 200 as adopted by USDA 
through 2 CFR part 400 during the effective period of the grant 
agreement.
    (b) The grantee is required to make available to Rural Development 
any such information as requested by Rural Development concerning the 
above. The grantee shall submit to the Rural Development servicing 
office an annual report every year while the ownership agreement is in 
effect. This report shall be submitted within 15 days after the 
anniversary date or end of the grant agreement. At a minimum, the report 
will consist of a statement that the grantee is in compliance with this 
subpart.
    (c) All files pertaining to such rental property owner or co-op 
shall be kept separate and shall be maintained for a period of 3 years 
after the termination date of the ownership agreement.

[58 FR 21894, Apr. 26, 1993, as amended at 79 FR 76011, Dec. 19, 2014]



Sec.  1944.690  Exception authority.

    The Under Secretary for Rural Development (or designee) may, in 
individual cases, make an exception to any requirements of this subpart 
not required by the authorizing statute if the Administrator finds that 
application of such requirement would adversely affect the interest of 
the Government, or adversely affect the accomplishment of the purposes 
of the HPG program, or result in undue hardship by applying the 
requirement. The Administrator or the Assistant Administrator for 
Housing may exercise this exception authority at the request of the 
State Director. The request must be supported by information 
demonstrating the adverse impact, citing the particular requirement 
involved, recommending proper alternative course(s) of action, and 
outlining how the adverse impact could be mitigated. Exception to any 
requirement may also be initiated by the Assistant Administrator for 
Housing.



Sec. Sec.  1944.691-1944.699  [Reserved]



Sec.  1944.700  OMB control number.

    According to the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 
35), no persons are required to respond to a collection of information 
unless it displays a valid OMB control number. The valid OMB control 
number for the information collection in this subpart is 0575-0115.

[62 FR 26211, May 13, 1997]



  Sec. Exhibit A to Subpart N of Part 1944--Housing Preservation Grant 
                                Agreement

    This Agreement dated ------ is between ------ (name), ------ 
(address), (grantee), organized and operating under ------ (authorizing 
State statute), and the United States of America acting through the 
Farmers Home Administration (FmHA) or its successor agency under Public 
Law 103-354. FmHA or its successor agency under Public Law 103-354 
agrees to grant a sum not to exceed $------ subject to the terms and 
conditions of this Agreement; provided, however, that the grant funds 
actually advanced and not needed for grant purposes shall be returned 
immediately to FmHA or its successor agency under Public Law 103-354. 
The Housing Preservation Grant (HPG) Statement of Activities approved by 
FmHA or its successor agency under Public Law 103-354, is attached, and 
shall commence within 10 days of the date of execution of this agreement 
by FmHA or its successor agency under Public Law 103-354 and be 
completed by ------ (date). FmHA or its successor agency under Public 
Law 103-354 may terminate the grant in whole, or in part, at any time 
before the date of completion, whenever it is determined that the 
grantee has failed to comply with the conditions of this Grant Agreement 
or FmHA or its successor agency under Public Law 103-354 regulation 
related hereto. The grantee may appeal adverse decisions in accordance 
with the FmHA or its successor agency under Public Law 103-354 Appeal 
Procedures contained in subpart B of part 1900 of this chapter.
    In consideration of said grant by FmHA or its successor agency under 
Public Law 103-354 to the Grantee, to be made pursuant to section 533 of 
the Housing Act of 1949, Housing Preservation Grant (HPG) program, the 
grantee will provide such a program in accordance with the terms of this 
Agreement and applicable FmHA or its successor agency under Public Law 
103-354 regulations.

                           Part A--Definitions

    1. Beginning date means the date this agreement is executed by FmHA 
or its successor agency under Public Law 103-354 and costs can be 
incurred.
    2. Ending date means the date when all work under this agreement is 
scheduled to be completed. It is also the latest date grant

[[Page 206]]

funds will be provided under this agreement, without an approved 
extension.
    3. Disallowed costs are those charges to a grant which Rural 
Development or its successor agency under Public Law 103-354 determines 
cannot be authorized in accordance with applicable Federal cost 
principles contained in Treasury Circular 74-4, ``Cost Principles 
Applicable to Grants and Contracts with State and Local Governments,'' 
OMB Circular A-87, ``Cost Principles for State and Local Governments,'' 
OMB Circular A-122, ``Cost Principles for Nonprofit Organizations,'' and 
other conditions contained in this Agreement and OMB Circular A-102 
``Uniform Requirements for Grants to State and Local Governments,'' and 
OMB Circular A-110, ``Grants and Agreements with Institutions of Higher 
Education, Hospitals and Other Nonprofit Organizations, Uniform 
Administrative Requirements,'' as appropriate, and 2 CFR part 200, as 
adopted by USDA through 2 CFR part 400.
    4. ``Grant closeout'' is the process by which the grant operation is 
concluded at the expiration of the grant period or following a decision 
to terminate the grant.
    5. ``Termination'' of the grant means the cancellation of Federal 
assistance, in whole or in part, at any time before the date of 
completion.

                       Part B--Terms of agreement

    FmHA or its successor agency under Public Law 103-354 and grantee 
agree:
    1. All grant activities shall be limited to those authorized in 
subpart N of 7 CFR part 1944.
    2. This Agreement shall be effective when executed by both parties.
    3. The HPG activities approved by FmHA or its successor agency under 
Public Law 103-354 shall commence and be completed by the date indicated 
above, unless earlier terminated under paragraph B 18 below or extended.
    4. Grantee shall carry out the HPG activities and processes as 
described in the approved Statement of Activities which is made a part 
of this Agreement. Grantee will be bound by the activities and processes 
set forth in the Statement of Activities and the further conditions set 
forth in this Agreement. If the Statement of Activities is inconsistent 
with the Agreement, the latter will govern. A change of any activities 
and processes must be in writing and must be signed by the FmHA or its 
successor agency under Public Law 103-354 State Director or his or her 
delegated representative.
    5. Grantee shall use grant funds only for the purpose and activities 
approved by FmHA or its successor agency under Public Law 103-354 in the 
HPG budget. Any uses not provided for in the approved budget must be 
approved in writing by FmHA or its successor agency under Public Law 
103-354 in advance.
    6. If the Grantee is a private nonprofit corporation, expenses 
charged for travel or per diem will not exceed the rates paid FmHA or 
its successor agency under Public Law 103-354 employees for similar 
purposes. If the grantee is a public body, the rates will be those that 
are allowable under the customary practice in the government of which 
the grantee is a part; if none are customary, the FmHA or its successor 
agency under Public Law 103-354 rates will be the maximum allowed.
    7. Grant funds will not be used for any of the following:
    (a) To pay obligations incurred before the effective date of this 
Agreement.
    (b) To pay obligations incurred after the grant termination or 
ending date.
    (c) Entertainment purposes.
    (d) To pay for capital assets, the purchase of real estate or 
vehicles, improvement or renovation of grantee's office space, or repair 
or maintenance of privately owned vehicles.
    (e) Any other purpose specified in Sec. Sec.  1944.664(f) and 
1944.666(b) of this subpart.
    (f) Administrative expenses exceeding 20% HPG grant funds.
    8. Grant funds shall not be used to substitute for any financial 
support previously provided and currently available or assured from any 
other source.
    9. Disbursal of grants will be governed as follows:
    (a) In accordance with Treasury Circular 1075 (fourth revision) part 
205, chapter II of title 31 of the Code of Federal Regulations, grant 
funds will be provided by FmHA or its successor agency under Public Law 
103-354 as cash advances on an as needed basis not to exceed one advance 
every 30 days. The advance will be made by direct Treasury check to the 
grantee. The financial management system of the recipient organization 
shall provide for effective control over and accountability for all 
Federal funds as stated to OMB Circular A-102 (42 FR 45828, September 
12, 1977) for State and local governments and OMB Circular A-110 (41 FR 
32016, July 30, 1976) for nonprofit organizations.
    (b) Cash advances to the grantee shall be limited to the minimum 
amounts needed and shall be timed to be in accord only with the actual, 
immediate cash requirements of the Grantee in carrying out the purpose 
of the planned project. The timing and amount of cash advances shall be 
as close as administratively feasible to the actual disbursements by the 
grantee for direct program costs (as identified in the grantee's 
Statement of Activity and budget and fund use plan) and proportionate 
share of any allowable indirect costs.
    (c) Grant funds should be promptly refunded to the FmHA or its 
successor agency

[[Page 207]]

under Public Law 103-354 and redrawn when needed if the funds are 
erroneously drawn in excess of immediate disbursement needs. The only 
exceptions to the requirement for prompt refunding are when the funds 
involved:
    (i) Will be disbursed by the recipient organization within seven 
calendar days from the date of the Treasury check, or
    (ii) Are less than $10,000 and will be disbursed within 30 calendar 
days from the date of the Treasury check.
    (d) Grantee shall provide satisfactory evidence to FmHA or its 
successor agency under Public Law 103-354 that all officers of the 
Grantee organization authorized to receive and/or disburse Federal funds 
are covered by satisfactory fidelity bonds sufficient to protect FmHA or 
its successor agency under Public Law 103-354's interests.
    10. The grantee will submit performance and financial reports as 
indicated below to the appropriate FmHA or its successor agency under 
Public Law 103-354 office.
    (a) As needed, but not more frequently than once every 30 calendar 
days, an original and 2 copies of SF-270, ``Request for Advance or 
Reimbursement.''
    (b) Quarterly (not later than February 15, May 15, August 15, and 
November 15 of each year), an original and 2 copies of SF-269, 
``Financial Status Report,'' and a quarterly performance report in 
accordance with Sec.  1944.683 of this subpart.
    (c) Within ninety (90) days after the termination or expiration of 
the Grant Agreement, an original and 2 copies of SF-269, and a final 
performance report which will include a summary of the project's 
accomplishments, problems, and planned future activities of the grantee 
for HPG. Final reports may serve as the last quarterly report.
    (d) FmHA or its successor agency under Public Law 103-354 may 
require performance reports more frequently if deemed necessary.
    11. In accordance with FMC Circular 74-4, Attachment B, compensation 
for employees will be considered reasonable to the extent that such 
compensation is consistent with that paid for similar work in other 
activities of the State or local government.
    12. If the grant exceeds $100,000, cumulative transfers among direct 
cost budget categories totaling more than 5 percent of the total budget 
must have prior written approval by FmHA or its successor agency under 
Public Law 103-354.
    13. Results of the program assisted by grant funds may be published 
by the grantee without prior review by FmHA or its successor agency 
under Public Law 103-354, provided that such publications acknowledge 
the support provided by funds pursuant to the provisions of Title V of 
the Housing Act of 1949, as amended, and that five copies of each such 
publications are furnished to FmHA or its successor agency under Public 
Law 103-354.
    14. Grantee certifies that no person or organization has been 
employed or retained to solicit or secure this grant for a commission, 
percentage, brokerage, or contingent fee.
    15. No person in the United States shall, on the grounds of race, 
creed, color, sex, marital status, age, national origin, or mental or 
physical handicap, be excluded from participating in, be denied the 
proceeds of, or be subject to discrimination in connection with the use 
of grant funds. Grantee will comply with the nondiscrimination 
regulations of FmHA or its successor agency under Public Law 103-354 
contained in subpart E of part 1901 of this chapter.
    16. In all hiring or employment made possible by or resulting from 
this grant, the grantee: (a) Will not discriminate against any employee 
or applicant for employment because of race, creed, color, sex, marital 
status, national origin, age, or mental or physical handicap, and (b) 
will take affirmative action to insure that employees are treated during 
employment without regard to their race, creed, color, sex, marital 
status, national origin, age, or mental or physical handicap. This 
requirement shall apply to, but not be limited to, the following: 
Employment, upgrading, demotion, or transfer; recruitment or recruitment 
advertising, layoff or termination, rates of pay or other forms of 
compensation; and selection for training, including apprenticeship. In 
the event grantee signs a contract related to this grant which would be 
covered by any Executive Order, law, or regulation prohibiting 
discrimination, grantee shall include in the contract the ``Equal 
Employment Clause'' as specified by Form FmHA or its successor agency 
under Public Law 103-354 400-1, ``Equal Employment Agreement.''
    17. The grantee accepts responsibility for accomplishing the HPG 
program as submitted and included in the Statement of Activities. The 
grantee shall also:
    (a) Endeavor to coordinate and provide liaison with State and local 
housing organizations, where they exist.
    (b) Provide continuing information to FmHA or its successor agency 
under Public Law 103-354 on the status of grantee HPG programs, 
projects, related activities, and problems.
    (c) The grantee shall inform FmHA or its successor agency under 
Public Law 103-354 as soon as the following types of conditions become 
known:
    (i) Problems, delays, or adverse conditions which materially affect 
the ability to attain program objectives, prevent the meeting of time 
schedules or goals, or preclude the attainment of project work units by 
established time periods. This disclosure shall be accompanied by a 
statement of the action taken or contemplated, new time schedules

[[Page 208]]

required and any FmHA or its successor agency under Public Law 103-354 
assistance needed to resolve the situation.
    (ii) Favorable developments or events which enable meeting time 
schedules and goals sooner than anticipated or producing more work units 
than originally projected.
    18. Grant closeout and termination procedures will be as follows:
    (a) Promptly after the date of completion or a decision to terminate 
a grant, grant closeout actions are to be taken to allow the orderly 
discontinuation of grantee activity.
    (i) The grantee shall immediately refund to FmHA or its successor 
agency under Public Law 103-354 any uncommitted balance of grant funds.
    (ii) The grantee will furnish to Rural Development or its successor 
agency under Public Law 103- 354 within 90 calendar days after the date 
of completion of the grant an SF-269 and all financial, performance, and 
other reports required as a condition of the grant, including an audit 
report.
    (iii) The grantee shall account for any property acquired with HPG 
grant funds, or otherwise received from FmHA or its successor agency 
under Public Law 103-354.
    (iv) After the grant closeout, FmHA or its successor agency under 
Public Law 103-354 retains the right to recover any disallowed costs 
which may be discovered as a result of an audit.
    (b) When there is reasonable evidence that the grantee has failed to 
comply with the terms of this Agreement, the State Director can, on 
reasonable notice, suspend the grant pending corrective action or 
terminate the grant pursuant to paragraph (c) below. In such instances, 
FmHA or its successor agency under Public Law 103-354 may reimburse the 
grantee for eligible costs incurred prior to the effective date of the 
suspension or termination and may allow all necessary and proper costs 
which the grantee could not reasonably avoid. FmHA or its successor 
agency under Public Law 103-354 will withhold further advances and 
grantees are prohibited from further obligating grant funds, pending 
corrective action.
    (c) Grant termination will be based on the following:
    (i) Termination for cause. This grant may be terminated in whole or 
in part at any time before the date of completion, whenever FmHA or its 
successor agency under Public Law 103-354 determines that the grantee 
has failed to comply with the terms of this Agreement. The reasons for 
termination may include, but are not limited to, such problems as:
    (A) Failure to make reasonable and satisfactory progress in 
attaining grant objectives.
    (B) Failure of grantee to use grant funds only for authorized 
purposes.
    (C) Failure of grantee to submit adequate and timely reports of its 
operation.
    (D) Violation of any of the provisions of any laws administered by 
FmHA or its successor agency under Public Law 103-354 or any regulation 
issued thereunder.
    (E) Violation of any nondiscrimination or equal opportunity 
requirement administered by FmHA or its successor agency under Public 
Law 103-354 in connection with any FmHA or its successor agency under 
Public Law 103-354 programs.
    (F) Failure to maintain an accounting system acceptable to FmHA or 
its successor agency under Public Law 103-354.
    (ii) Termination for convenience. FmHA or its successor agency under 
Public Law 103-354 or the grantee may terminate the grant in whole, or 
in part, when both parties agree that the continuation of the project 
would not produce beneficial results commensurate with the further 
expenditure of funds. The two parties shall agree upon the termination 
conditions, including the effective date and, in case of partial 
termination, the portion to be terminated.
    (d) FmHA or its successor agency under Public Law 103-354 shall 
notify the grantee in writing of the determination and the reasons for 
and the effective date of the suspension or termination. Except for 
termination convenience, grantees have the opportunity to appeal a 
suspension or termination under FmHA or its successor agency under 
Public Law 103-354's appeal procedure, subpart B of part 1900 of this 
chapter.
    19. Upon any default under its representatives or agreements set 
forth in this instrument, the grantee, at the option and demand of FmHA 
or its successor agency under Public Law 103-354, will, to the extent 
legally permissible, repay to FmHA or its successor agency under Public 
Law 103-354 forthwith the grant funds received with interest at the rate 
of five per centum per annum from the date of the default. The 
provisions of this Grant Agreement may be enforced by FmHA or its 
successor agency under Public Law 103-354, at its option and without 
regard to prior waivers by it or previous defaults of the grantee, by 
judicial proceedings to require specific performance of the terms of 
this Grant Agreement or by such other proceedings in law or equity, in 
either Federal or State Courts, as may be deemed necessary by FmHA or 
its successor agency under Public Law 103-354 to assure compliance with 
the provisions of this Grant Agreement and the laws and regulations 
under which this grant is made.
    20. Extension of this Grant Agreement and/or modifications of the 
Statement of Activities may be approved by FmHA or its successor agency 
under Public Law 103-354 provided, in its opinion, the extension and/or 
modification is justified and there is a likelihood that the grantee can 
accomplish the

[[Page 209]]

goals set out and approved in the Statement of Activities during the 
period of the extension and/or modifications as specified in Sec.  
1944.684 of this subpart.

                         Part C--Grantee agrees

    1. To comply with property management standards for expendable and 
nonexpendable personal property established by Attachment N of OMB 
Circular A-102 or Attachment N of OMB Circular A-110 for State and local 
governments or nonprofit organizations respectively. Personal property 
means property of any kind except real property. It may be tangible--
having physical existence--or intangible--having no physical existence, 
such as patents, inventions, and copyrights. Nonexpendable personal 
property means tangible personal property having a useful life of more 
than one year and an acquisition cost of $300 or more per unit. A 
grantee may use its own definitions of nonexpendable personal property 
provided that such definition would at least include all tangible 
personal property as defined above. Expendable personal property refers 
to all tangible personal property other than nonexpendable personal 
property. When nonexpendable tangible personal property is acquired by a 
grantee with project funds, title shall not be taken by the Federal 
Government but shall vest in the grantee subject to the following 
conditions:
    (a) Right to transfer title. For items of nonexpendable personal 
property having a unit acquisition cost of $1,000 or more, FmHA or its 
successor agency under Public Law 103-354 may reserve the right to 
transfer title to the Federal Government or to a third party named by 
the Federal Government when such third party is otherwise eligible under 
existing statutes. Such reservation shall be subject to the following 
standards:
    (i) The property shall be appropriately identified in the grant or 
otherwise made known to the grantee in writing.
    (ii) FmHA or its successor agency under Public Law 103-354 shall 
issue disposition instructions within 120 calendar days after the end of 
the Federal support of the project for which it was acquired. If FmHA or 
its successor agency under Public Law 103-354 fails to issue disposition 
instructions within the 120 calendar day period, the grantee shall apply 
the standards of paragraph 1(c) below.
    (iii) When FmHA or its successor agency under Public Law 103-354 
exercises its right to take title, the personal property shall be 
subject to the provisions for federally owned nonexpendable property 
discussed in paragraph 1(a)(iv) below.
    (iv) When title is transferred either to the Federal Government or 
to a third party and the grantee is instructed to ship the property 
elsewhere, the grantee shall be reimbursed by the benefitting Federal 
agency with an amount which is computed by applying the percentage of 
the grantee participation in the cost of the original grant project or 
program to the current fair market value of the property, plus any 
reasonable shipping or interim storage costs incurred.
    (b) Use of other tangible nonexpendable property for which the 
grantee has title.
    (i) The grantee shall use the property in the project or program for 
which it was acquired as long as needed, whether or not the project or 
program continues to be supported by Federal funds. When it is no longer 
needed for the original project or program, the grantee shall use the 
property in connection with its other federally sponsored activities, in 
the following order of priority:
    (A) Activities sponsored by FmHA or its successor agency under 
Public Law 103-354.
    (B) Activities sponsored by other Federal agencies.
    (ii) Shared use. During the time that nonexpendable personal 
property is held for use on the project or program for which it was 
acquired, the grantee shall make it available for use on other projects 
or programs if such other use will not interfere with the work on the 
project or program for which the property was originally acquired. First 
preference for such other use shall be given to other projects or 
programs sponsored by FmHA or its successor agency under Public Law 103-
354; second preference shall be given to projects or programs sponsored 
by other Federal agencies. If the property is owned by the Federal 
Government, use on other activities not sponsored by the Federal 
Government shall be permissible if authorized by FmHA or its successor 
agency under Public Law 103-354. User charges should be considered if 
appropriate.
    (c) Disposition of other nonexpendable property. When the grantee no 
longer needs the property, the property may be used for other activities 
in accordance with the following standards:
    (i) Nonexpendable property with a unit acquisition cost of less than 
$1,000. The grantee may use the property for other activities without 
reimbursement to the Federal Government or sell the property and retain 
the proceeds.
    (ii) Nonexpendable personal property with a unit acquisition cost of 
$1,000 or more. The grantee may retain the property for other use 
provided that compensation is made to FmHA or its successor agency under 
Public Law 103-354 or its successor. The amount of compensation shall be 
computed by applying the percentage of Federal participation in the cost 
of the original project or program to the current fair market value of 
the property. If the grantee has no need for the property and the 
property has further use value, the grantee shall request disposition 
instructions from the original Grantor agency. FmHA or its successor 
agency under Public Law 103-354 shall determine whether the property can 
be used to meet the agency's

[[Page 210]]

requirements. If no requirement exists within that agency, the 
availability of the property shall be reported, in accordance with the 
guidelines of the Federal Property Management Regulations (FPMR) to the 
General Services Administration by FmHA or its successor agency under 
Public Law 103-354 to determine whether a requirement for the property 
exists in other Federal agencies. FmHA or its successor agency under 
Public Law 103-354 shall issue instructions to the grantee no later than 
120 calendar days after the grantee request and the following procedures 
shall govern:
    (A) If so instructed or if disposition instructions are not issued 
within 120 calendar days after the grantee's request, the grantee shall 
sell the property and reimburse FmHA or its successor agency under 
Public Law 103-354 an amount computed by applying to the sales proceeds 
the percentage of Federal participation in the cost of the original 
project or program. However, the grantee shall be permitted to deduct 
and retain from the Federal shares $100 or ten percent of the proceeds, 
whichever is greater, for the grantee's selling and handling expenses.
    (B) If the grantee is instructed to dispose of the property other 
than as described in paragraph 1(a)(iv) above, the grantee shall be 
reimbursed by FmHA or its successor agency under Public Law 103-354 for 
such costs incurred in its disposition.
    (C) The grantee's property management standards for nonexpendable 
personal property shall include the following procedural requirements:
    (1) Property records shall be maintained accurately and shall 
include:
    (a) A description of the property.
    (b) Manufacturer's serial number, model number, Federal stock 
number, national stock number, or other identification number.
    (c) Sources of the property including grant or other agreement 
number.
    (d) Whether title vests in the grantee or the Federal Government.
    (e) Acquisition date (or date received, if the property was 
furnished by the Federal Government) and cost.
    (f) Percentage (at the end of the budget year) of Federal 
participation in the cost of the project or program for which the 
property was acquired. (Not applicable to property furnished by the 
Federal Government).
    (g) Location, use, and condition of the property and the date the 
information was reported.
    (h) Unit acquisition cost.
    (i) Ultimate disposition data, including date of disposal and sales 
price or the method used to determine current fair market value when a 
grantee compensates the Federal agency for its share.
    (2) Property owned by the Federal Government must be marked to 
indicate Federal ownership.
    (3) A physical inventory of property shall be taken and the results 
reconciled with the property records at least once every two years. Any 
differences between quantities determined by the physical inspection and 
those shown in the accounting records shall be investigated to determine 
the causes of the difference. The grantee shall, in connection with the 
inventory, verify the existence, current utilization, and continued need 
for the property.
    (4) A control system shall be in effect to ensure adequate 
safeguards to prevent loss, damage, or theft of the property. Any loss, 
damage, or theft of nonexpendable property shall be investigated and 
fully documented; if the property was owned by the Federal Government, 
the grantee shall promptly notify FmHA or its successor agency under 
Public Law 103-354.
    (5) Adequate maintenance procedures shall be implemented to keep the 
property in good condition.
    (6) When the grantee is authorized or required to sell the property, 
proper sales procedures shall be established which will provide for 
competition to the extent practicable and result in the highest possible 
return.
    (7) Expendable personal property shall vest in the grantee upon 
acquisition. If there is a residual inventory of such property exceeding 
$1,000 in total aggregate fair market value, upon termination or 
completion of the grant and if the property is not needed for any other 
federally sponsored project or program, the grantee shall retain the 
property for use on nonfederally sponsored activities, or sell it, but 
must in either case compensate the Federal Government for its share. The 
amount of compensation shall be computed in the same manner as 
nonexpendable personal property.
    2. To provide a financial management system which will include:
    (a) Accurate, current, and complete disclosure of the financial 
results of each grant. Financial reporting will be on an accrual basis.
    (b) Records which identify adequately the source and application of 
funds for grant-supported activities. Those records shall contain 
information pertaining to grant awards and authorizations, obligations, 
unobligated balances, assets, liabilities, outlays, and income.
    (c) Effecting control over and accountability for all funds, 
property, and other assets. Grantee shall adequately safeguard all such 
assets and shall assure that they are solely for authorized purposes.
    (d) Accounting records supported by source documentation.

[[Page 211]]

    3. To retain financial records, supporting documents, statistical 
records, and all other records pertinent to the grant for a period of at 
least three years after the submission of the final Project Performance 
report pursuant to part B (10)(c) of this Agreement except in the 
following situations:
    (a) If any litigation, claim, audit, or investigation is commenced 
before the expiration of the three year period, the records shall be 
retained until all litigations, claims, audit or investigation findings 
involving the records have been resolved.
    (b) Records for nonexpendable property acquired by FmHA or its 
successor agency under Public Law 103-354, the three year retention 
requirement is not applicable.
    (c) When records are transferred to or maintained by FmHA or its 
successor agency under Public Law 103-354, the three year retention 
requirement is not applicable.
    Microfilm copies may be substituted in lieu of original records. 
FmHA or its successor agency under Public Law 103-354 and the 
Comptroller General of the United States, or any of their duly 
authorized representatives, shall have access to any books, documents, 
papers, and records of the grantee which are pertinent to the specific 
grant program for the purpose of making audits, examinations, excerpts, 
and transcripts.
    4. To provide information as requested by FmHA or its successor 
agency under Public Law 103-354 concerning the grantee's actions in 
soliciting citizen participation in the application process, including 
published notice of public meetings, actual public meetings held, and 
content of written comments received.
    5. Not to encumber, transfer, or dispose of the property or any part 
thereof, furnished by FmHA or its successor agency under Public Law 103-
354 or acquired wholly or in part with HPG funds without the written 
consent of FmHA or its successor agency under Public Law 103-354 except 
as provided in part C 1 of this Agreement.
    6. To provide FmHA or its successor agency under Public Law 103-354 
with such periodic reports of grantee operations as may be required by 
authorized representatives of FmHA or its successor agency under Public 
Law 103-354.
    7. To execute Form FmHA or its successor agency under Public Law 
103-354 400-1, and to execute any other agreements required by FmHA or 
its successor agency under Public Law 103-354 to implement the civil 
rights requirements.
    8. To include in all contracts in excess of $100,000 a provision for 
compliance with all applicable standards, orders, or regulations issued 
pursuant to the Clean Air Act, 42 U.S.C. 1875C-9 as amended. Violations 
shall be reported to FmHA or its successor agency under Public Law 103-
354 and the Regional Office of the Environmental Protection Agency.
    9. That no member of Congress shall be admitted to any share or part 
of this grant or any benefit that may arise therefrom, but this 
provision shall not be construed to bar as a contractor under the grant 
a publicly held corporation whose ownership might include a member of 
Congress.
    10. That all nonconfidential information resulting from its 
activities shall be made available to the general public on an equal 
basis.
    11. That the purpose for which this grant is made may complement, 
but shall not duplicate programs for which monies have been received, 
are committed, or are applied for from other sources, public and 
private.
    12. That the grantee shall relinquish any and all copyrights and/or 
privileges to the materials developed under this grant, such material 
being the sole property of the Federal Government. In the event anything 
developed under this grant is published in whole or in part, the 
material shall contain notice and be identified by language to the 
following effect: ``The material is the result of tax-supported research 
and as such is not copyrightable. It may be freely reprinted with the 
customary crediting of the source.''
    (13) That the grantee shall abide by the policies promulgated in OMB 
Circular A-102, Attachment O, or OMB Circular A-110, Attachment O, as 
applicable, which provides standards for use by Grantees in establishing 
procedures for the procurement of supplies, equipment, and other 
services with Federal grant funds.
    14. That it is understood and agreed that any assistance granted 
under this Agreement will be administered subject to the limitations of 
Title V of the Housing Act of 1949 as amended, 42 U.S.C. 1471 et seq., 
and related regulations, and that all rights granted to FmHA or its 
successor agency under Public Law 103-354 herein or elsewhere may be 
exercised by it in its sole discretion to carry out the purposes of the 
assistance, and project FmHA or its successor agency under Public Law 
103-354's financial interest.
    15. That it will adopt a Standard of Conduct that provides that, if 
an employee, officer, or agent of the grantee, or such person's 
immediate family members conducts business with the grantee, the grantee 
must not:
    (a) Participate in the selection, award, or administration of a 
contract to such persons for which Federal funds are used;
    (b) Knowingly permit the award or administration of the contract to 
be delivered to such persons or other immediate family members or to any 
entity (i.e., partnerships, corporation, etc.) in which such persons or 
their immediate family members have an ownership interest; or
    (c) Permit such person to solicit or accept gratuities, favors or 
anything of monetary

[[Page 212]]

value from landlords or developers of rental or ownership housing 
projects or any other person receiving HPG assistance.

  Part D--FmHA or its successor agency under Public Law 103-354 agrees

    1. That it may assist grantee, within available appropriations, with 
such technical and management assistance as needed in coordinating the 
Statement of Activities with local officials, comprehensive plans, and 
any State or area plans for improving housing for very low- and low-
income households in the area in which the project is located.
    2. That at its sole discretion, FmHA or its successor agency under 
Public Law 103-354 may at any time give any consent, deferment, 
subordination, release, satisfaction, or termination of any or all of 
grantee's grant obligations, with or without valuable consideration, 
upon such terms and conditions as Grantor may determine to be (a) 
advisable to further the purposes of the grant or to protect FmHA or its 
successor agency under Public Law 103-354's financial interests therein, 
and (b) consistent with the statutory purposes of the grant and the 
limitations of the statutory authority under which it is made and FmHA 
or its successor agency under Public Law 103-354 regulations.
    This Agreement is subject to current FmHA or its successor agency 
under Public Law 103-354 regulations and any future regulations not 
inconsistent with the express terms hereof. Grantee has caused this 
Agreement to be executed by its duly authorized ------, properly 
attested to and its corporate seal affixed by its duly authorized ----
--.

    Attest:
    Grantee:
By______________________________________________________________________
(Title)_________________________________________________________________

    United States Of America Farmers Home Administration or its 
successor agency under Public Law 103-354:
By______________________________________________________________________
(Title)_________________________________________________________________

    Date of Execution of Grant Agreement by FmHA or its successor agency 
under Public Law 103-354:
________________________________________________________________________
    Attached Statement of Activities Is Made Part of This Agreement.



     Sec. Exhibit B to Subpart N of Part 1944--Amendment to Housing 
                      Preservation Grant Agreement

    This Amendment between ------ herein called ``Grantee,'' and the 
United States of America acting through the Farmers Home Administration, 
Department of Agriculture, herein called ``FmHA,'' or its successor 
agency under Public Law 103-354 hereby amends the Housing Preservation 
Grant Agreement executed by said parties on ----------------------, 19--
--, hereinafter called the ``Agreement.''
    Said Agreement is amended by extending the Agreement to ------------
--------, 19----, and/or by making the following changes noted in the 
attachments hereto: (List and identify proposal and any other documents 
pertinent to the grant which are attached to the Amendment.)
    Grantee has caused this Agreement to be executed by its duly 
authorized ------------------, properly attested to and its corporate 
seal affixed by its duly authorized ----------------.

    Attest:
    Grantee:
By______________________________________________________________________
(Title)_________________________________________________________________

    United States Of America Farmers Home Administration or its 
successor agency under Public Law 103-354.
By______________________________________________________________________
(Title)_________________________________________________________________

    Date of Execution of Amendment to Grant Agreement by FmHA or its 
successor agency under Public Law 103-354: ------.

________________________________________________________________________



           Sec. Exhibit C to Subpart N of Part 1944 [Reserved]



 Sec. Exhibit D to Subpart N of Part 1944--Project Selection Criteria--
                           Outline Rating Form

Applicant Name --------------------------------_________________________
Applicant Address ----------------------------------____________________
    Application received on ------.
    State ------ District Office ------.

                           Threshold Criteria
 
Applicant must meet the following:
  1. Proposes a financially feasible HPG program.......    yes--    no--
  2. Serves an eligible rural area.....................    yes--    no--
  3. Is an eligible HPG grantee........................    yes--    no--
  4. Has met consultation and public comment rules.....    yes--    no--
 

    If answer to any of the above is ``no'', application is rejected and 
applicant so notified.
    Selection Criteria:
    Select the appropriate rating:
    1. Points awarded based on the percentage of very-low income 
homeowners or families the applicant proposes to assist, using the 
following scale ------:
    (a) More than 80%: 20 points.
    (b) 61% to 80%: 15 points.
    (c) 41% to 60%: 10 points.

[[Page 213]]

    (d) 20% to 40%: 5 points.
    (e) Less than 20%: 0 points.
    2. Points awarded based on the applicant's percentage of use of HPG 
funds to total cost of unit preservation. This percentage reflects 
maximum rehabilitation with the least possible HPG funds due to 
leveraging, innovative financial assistance, or other specified 
approaches. Points are based on the following percentage of HPG funds to 
total funds ------:
    (a) 50% or less: 20 points.
    (b) 51% to 65%: 15 points.
    (c) 66% to 80%: 10 points.
    (d) 81% to 95%: 5 points.
    (e) 96% to 100%: 0 points.
    3. The applicant has demonstrated its administrative capacity in 
assisting very low- and low-income families obtain adequate housing 
based on the following:
    (a) The organization or a member of its staff has at least one or 
more years experience successfully managing and operating a 
rehabilitation or weatherization type program ------:
    Yes--10 points.
    No--0 points.
    (b) The organization or a member of its staff has at least one or 
more years experience successfully managing and operating a program 
assisting very low- and low-income families obtain housing assistance --
----:
    Yes--10 points.
    No--0 points.
    (c) If the organization has administered grant programs, there are 
no outstanding or unresolved audit or investigative findings which might 
impair carrying out the proposal ------:
    No findings: 10 points.
    Outstanding findings: 0 points.
    4. The proposed program will be undertaken entirely in rural areas 
outside Metropolitan Statistical Areas (MSAs) identified by FmHA or its 
successor agency under Public Law 103-354 as having populations below 
10,000 or in remote parts of other rural areas (i.e., rural areas 
contained in MSAs with less than 5,000 population) ------:
    Non-MSA area below 10,000 pop.: 10 points.
    MSA area below 5,000 pop.: 10 points.
    Neither: 0 points.
    5. The program will use less than 20 percent of HPG funds for 
administration------:
    Less than 20%: 5 points.
    20%: 0 points.
    6. The proposed program contains a component for alleviating 
overcrowding ------:
    Has component: 5 points.
    No component: 0 points.
    7. The applicant is an existing grantee and meets the conditions of 
Sec.  1944.686 of this subpart for additional points ------:
    Meets conditions: 10 points.
    Doesn't meet conditions: 0 points.
    Total Points ------:
    Ranking of This Applicant --------

[58 FR 21894, Apr. 26, 1993, as amended at 73 FR 36269, June 26, 2008; 
79 FR 76011, Dec. 19, 2014]



     Sec. Exhibit E to Subpart N of Part 1944--Guide For Quarterly 
                           Performance Report

Grantee name:___________________________________________________________
Grantee address:________________________________________________________
Grant quarter:------------______________________________________________

    Report Period: From: ------ To: ------

    I. General Information on Use of HPG Funds During Period:

    A. Use of Administrative Funds:
 Budgeted Amount.....................................................$--
                                                                    ----
 Expended Thru Last Quarter...........................................--
                                                                    ----
Direct Cost:
 Personnel...........................................................$--
                                                                    ----
 Supplies & Equip.....................................................--
                                                                    ----
 Travel...............................................................--
                                                                    ----
Indirect Costs:
 (------% Rate).......................................................--
                                                                    ----
  This Quarter Total..................................................--
                                                                    ----
    B. Use of Program Funds:
 Budgeted Amount......................................................--
                                                                    ----
 Expended Thru Last Quarter...........................................--
                                                                    ----
 Loans.......................................................No. ------ 
                                                                 $------
Grants.......................................................No. ------ 
                                                                  ------
Other subsidies
 (describe briefly)..........................................No. ------ 
                                                                  ------
  This Quarter Total..................................................--
                                                                    ----

    II. Description of recipients provided assistance during report 
period: (Attach breakdown for each HPG recipient on separate page 
including name, address, income, size, race, housing preservation 
activities, and type of assistance received):

 Number of low-income homeowners assisted.............................--
                                                                    ----
 Number of very low-income homeowners assisted........................--
                                                                    ----
  Total number of homeowners assisted.................................--
                                                                    ----

Racial composition:

  White...............................................................--
                                                                    ----
  Black...............................................................--
                                                                    ----
  Hispanic............................................................--
                                                                    ----
  Am. Indian..........................................................--
                                                                    ----
  Other...............................................................--
                                                                    ----

    III. Description of types of housing preservation provided:

----------------------------------------------------------------------------------------------------------------
                             Housing preservation activity                                Financial assistance
----------------------------------------------------------------------------------------------------------------
                             Item                              Cost of materials/labor    HPG    Other    Total
----------------------------------------------------------------------------------------------------------------
 
 
----------------------------------------------------------------------------------------------------------------

    IV. Objectives for next period:

 Loans.......................................................No. ------ 
                                                                 $------
 Grants......................................................No. ------ 
                                                                 $------
 Other subsidy...............................................No. ------ 
                                                                 $------

[[Page 214]]

  Totals.....................................................No. ------ 
                                                                 $------

    V. Project summary:

------------------------------------------------------------------------
                                       No.
                                    homeowners   HPG funds      Other
------------------------------------------------------------------------
Assistance objectives of project.  ...........      $------      $------
Assistance to date...............  ...........       ------       ------
Assistance during next period....  ...........       ------       ------
Average amount of HPG assistance.
Per unit provided (program to          $------
 date) (per unit)................
------------------------------------------------------------------------

    VI. Narrative:
    A. Significant accomplishments.
    B. Problem areas.
    C. Proposed changes/assistance needed, etc.
    D. Status of implementing environmental and historic preservation 
requirements. Include number of historic properties assisted.

                          PART 1946 [RESERVED]



PART 1948_RURAL DEVELOPMENT--Table of Contents



Subpart A [Reserved]

   Subpart B_Section 601 Energy Impacted Area Development Assistance 
                                 Program

Sec.
1948.51 General.
1948.52 Objectives.
1948.53 Definitions.
1948.54 Eligible applicants.
1948.55 Source of funds.
1948.56 Program purposes.
1948.57 Eligible activities.
1948.58 [Reserved]
1948.59 Ineligible activities.
1948.60 Delegation and redelegation of authority.
1948.61 State supplements and guides.
1948.62 Environmental impact requirements.
1948.63 Historic preservation requirements.
1948.64 Equal opportunity requirements.
1948.65 Relocation Act requirements.
1948.66 [Reserved]
1948.67 Procedure for designation.
1948.68 Criteria for designation.
1948.69 [Reserved]
1948.70 Designation approval.
1948.71 [Reserved]
1948.72 Industry reports.
1948.73-1948.77 [Reserved]
1948.78 Growth management and housing planning projects.
1948.79 Application procedure for planning grants.
1948.80 Planning grant selection criteria.
1948.81 State Investment Strategy for Energy Impacted Areas.
1948.82 Plan and State Investment Strategy approval procedure.
1948.83 Performance of site development work.
1948.84 Application procedure for site development and acquisition 
          grants.
1948.85 [Reserved]
1948.86 Site development and acquisition grant selection criteria.
1948.87 [Reserved]
1948.88 Direct land acquisition by Rural Development.
1948.89 Land condemnation by Rural Development.
1948.90 Land transfers.
1948.91 Inspections of development.
1948.92 Grant approval and fund obligation.
1948.93 Appeal procedure.
1948.94 Reporting requirements.
1948.95 Grant monitoring.
1948.96 Audit requirements.
1948.97 Grant closing and fund disbursement.
1948.98 Grant agreements.
1948.99-1948.100 [Reserved]

Exhibit A to Subpart B of Part 1948--Grant Agreement--Growth Management 
          and Housing Planning for Approved Designated Energy Impacted 
          Areas
Exhibit B to Subpart B of Part 1948--Grant Agreement (Public Bodies) for 
          Site Development and/or Site Acquisition for Housing and/or 
          Public Facilities and/or Services

Subpart C [Reserved]

    Authority: 5 U.S.C. 301, 7 U.S.C. 1932 note.

    Editorial Note: Nomenclature changes to part 1948 appear at 80 FR 
9888, Feb. 24, 2015.

Subpart A [Reserved]



   Subpart B_Section 601 Energy Impacted Area Development Assistance 
                                 Program

    Authority: Sec. 601, Pub. L. 95-620, delegation of authority by the 
Sec. of Agri., 7 CFR 2.23; delegation of authority by the Asst. Sec. for 
Rural Development, 7 CFR 2.70.

    Source: 44 FR 35984, June 19, 1979, unless otherwise noted.



Sec.  1948.51  General.

    This subpart sets forth policies and procedures for designation, 
approval of designation, and making grants for assistance to areas 
impacted by increased

[[Page 215]]

coal and uranium production, processing, or transportation. The Rural 
Development will fully consider all A-95 clearing-house review comments 
and recommendations in selecting applications for funding. Any 
processing or servicing activity conducted pursuant to this subpart 
involving authorized assistance to Rural Development employees, members 
of their families, known close relatives, or business or close personal 
associates, is subject to the provisions of subpart D of part 1900 of 
this chapter. Applicants for this assistance are required to identify 
any known relationship or association with a Rural Development employee.

[44 FR 35984, June 19, 1979, as amended at 58 FR 228, Jan. 5, 1993]



Sec.  1948.52  Objectives.

    The objective of the program is to help areas impacted by coal or 
uranium development activities by providing assistance for the 
development of growth management and housing plans and in developing and 
acquiring sites for housing and public facilities and services.



Sec.  1948.53  Definitions.

    (a) Approved designated area. A group of counties, a county, or a 
part of a county designated as an energy impacted area by the Governor 
of a State and approved by the Secretary of Energy.
    (b) Available financial resources. All existing financial resources 
which could be used for impact assistance including Federal, State, and 
local financial resources and financial resources accruing to States and 
local governments as a result of coal or uranium development activity 
and not already committed to other programs by low or historical 
precedent.
    (c) Coal. Coal means anthracite and bituminous coal, lignite, and 
any fuel derivative thereof.
    (d) Coal or uranium development activities. The production, 
processing, or transportation of coal or uranium.
    (1) Production includes the mining of coal or uranium and all mine 
site operations connected with such mining operations and processing 
activities. This includes construction activities on mine sites relating 
to mining, production, and processing.
    (2) Processing includes all operations performed on coal or uranium 
including construction of processing plants. However, processing does 
not include conversion into electrical energy.
    (3) Transportation which directly relates to the production and 
processing of coal or uranium including transportation networks in the 
county of origin of the coal or uranium and counties of processing of 
coal and uranium. This includes transportation depots along 
transportation networks that are used primarily for the transfer of coal 
or uranium for domestic consumption. This also includes unit train 
rolling stock construction and repair facilities.
    (e) Condemnation by U.S. Department of Agriculture (USDA). The use 
of Federal authority by the Secretary of Agriculture to condemn real 
property.
    (f) Council of local governments. An areawide development 
organization which includes one or more local governments servicing at 
least a portion of an approved designated area. Such organization must 
either have a policymaking body made up of a majority of local elected 
officials.
    (g) Eligible employment. Full time work related to coal or uranium 
development activities.
    (h) Eligible employment facility. A coal or uranium mine, processing 
plant, or transportation depot.
    (i) Energy impacted areas. An area where coal and uranium 
development activities have a significant impact on the socio-economic 
structure of the area and which meet the criteria set out at Sec.  
1948.68 of this subpart.
    (j) Fair market value. The price at which a property will sell in 
the open market allowing a reasonable period of time for typical, fully-
informed buyers and sellers to react, assuming that the purchaser and 
seller are both willing participants in the transaction.
    (k) Grantee. An entity with whom FmHA or its successor agency under 
Public Law 103-354 has entered into a grant agreement under this 
program.
    (l) Growth management planning. Planning for the orderly development 
of an approved designated area. This planning includes, but is not 
limited

[[Page 216]]

to: Planning for provision of resources to support housing, public 
facility needs, sewer and water needs; planning for the provision of 
additional public services needed; overall plans for the coordinated 
development of all approved designated areas within a State; the 
development of State Investment Strategies for Energy Impacted Areas; 
and coordination of development of approved designated areas at the 
interstate level where impact is interstate in nature.
    (m) Housing planning. Identification of present and future housing 
needs within an approved designated area and providing methods for 
developing needed housing. This planning includes, but is not limited to 
the identification of: housing sites; housing site development needs; 
data and resource needs; funding needs; acquisition methods; and 
agencies of government responsible for delivery of housing services.
    (n) Industry reports. Those reports concerning production, expected 
production, and employment within an approved designated area which are 
requested by the Governor and submitted by a person to the Secretary of 
Energy.
    (o) Local government. Any county, parish, city, town, township, 
village, or other general purpose political subdivision of a State with 
the power to levy taxes and expend Federal, State, and local funds and 
exercise governmental powers and which is located in, or has authority 
over, the energy impact area. With the concurrence of the Governor, the 
term may also include such school, water, sewer, highway, or other 
public special purpose districts or authorities, or public or private 
nonprofit corporations as may be appropriate to carry out the purpose 
for which a grant is being made. These corporations or special purpose 
districts or authorities may apply (including applications previously 
received) for grants from fiscal year 1981 and earlier fiscal year funds 
only.
    (p) Person. Any corporation, individual, partnership, company, 
association, firm, institution, society, trust, joint venture, or joint 
stock company, any State or any agency or instrumentality thereof.
    (q) Public facilities. Installations open to the public and used for 
the public welfare. This includes but is not limited to: hospitals, 
clinics, firehouses, parks, recreation areas, sewer plants, water 
plants, community centers, libraries, city or town halls, jailhouses, 
courthouses, and schoolhouses.
    (r) Public services. The provision to the public of services such 
as: health care, fire and police protection, recreation, etc.
    (s) Site. A site is a plot of land which is suitable or can be made 
suitable for providing housing, public facilities, or services.
    (t) Site acquisition. Obtaining legal title to a site (or sites) or 
obtaining leaseholds or other interests in land, by an instrumentality 
of a state or local Government, or by Rural Development, for housing, 
public facilities, or services.
    (u) Site development. Site restoration, necessary off-site 
improvements and such on-site improvements as the construction of 
sewerage collection and water distribution lines (does not include 
individual taps) and construction of access roads; but does not include 
the construction of houses or public facilities.
    (v) Site restoration. On-site improvements to the real property 
(such as backfilling, compacting, grading and leveling) necessary for 
the construction of houses and public facilities.
    (w) State. Any of the fifty States, Puerto Rico, and any territory 
or possession of the United States.
    (x) State Investment Strategy for Energy Impacted Areas. The 
investment strategy for the development of approved designated areas 
within a State as proposed by the Governor and approved by Rural 
Development.
    (y) Substandard housing. All housing units which do not have 
complete plumbing fixtures, lack adequate heating systems, are not 
structurally sound, or contain any other conditions that would cause a 
safety, sanitary, or health hazard to the family or community.

[44 FR 35984, June 19, 1979, as amended at 45 FR 26943, Apr. 22, 1980; 
46 FR 33021, June 26, 1981]



Sec.  1948.54  Eligible applicants.

    Organizations eligible for grants include local governments, 
councils of

[[Page 217]]

local government, and State governments that have the leval authority 
necessary to undertake the proposed project.

[46 FR 33022, June 26, 1981]



Sec.  1948.55  Source of funds.

    (a) Grants will be awarded from appropriate funds specifically 
allocated for this program.
    (b) Grants made for growth management and housing planning may equal 
but will not exceed 10 percent of the total amount of funds appropriated 
for and allocated to this program.



Sec.  1948.56  Program purposes.

    (a) Rural Development will make grants for assistance to approved 
designated areas in accordance with criteria contained in this subpart 
by providing assistance to fill gaps in growth management and housing 
planning, and to provide supplementary support for acquisition and 
development of sites for housing and public facilities and services by 
States, local governments, and councils of local government.
    (b) Efforts will be made to provide comprehensive assistance to 
approved designated areas through the coordination power of the 
Secretary of Agriculture by utilizing existing plans, State and local 
programs, and other Federal programs to the maximum extent possible. 
Particular attention will be given to the utilization of existing Rural 
Development authorities under other Rural Development programs in 
conjunction with this subpart for providing assistance to approved 
designated areas in accordance with the Governor's approved State 
Investment Strategy for Energy Impacted Areas.
    (c) Where existing plans are unsuitable or nonexistent, and other 
assistance programs are inadequate or unavailable on a timely basis, 
Rural Development will provide assistance under this subpart to States, 
councils of local governments, and local governments for the 
modification, updating, and/or development of growth management and/or 
housing plans to deal with problems resulting from coal or uranium 
development within approved designated areas according to the criteria 
contained in this subpart.
    (d) Where needed, Rural Development will provide assistance for the 
development of sites and/or the acquisition of sites for housing and 
public facilities and services within approved designated areas 
according to the criteria contained in this subpart. Such assistance for 
site development and acquisition will be made in accordance with Rural 
Development approved plans and State Investment Strategies for Energy 
Impacted Areas in accordance with the criteria contained in the subpart.
    (e) At the request of the Governor of the appropriate State, Rural 
Development will take action to acquire real property directly for sites 
for housing and/or public facilities and services in accordance with 
procedures set forth in this subpart.
    (f) At the request of the Governor of the appropriate State, where 
neither the State nor local government has power to do so for this 
purpose, Rural Development may take action through condemnation to 
acquire real property for sites necessary for housing, public 
facilities, or services.



Sec.  1948.57  Eligible activities.

    Grant Funds may be used for:
    (a) The preparation of growth management and/or housing plans (or 
aspects thereof) for which financial resources are not available for 
approved designated areas as set forth in the grant agreement, including 
but limited to:
    (1) One hundred percent of the total cost of developing growth 
management and/or housing plans.
    (2) One hundred percent of the cost of developing aspects of growth 
management plans and/or housing plans including but not limited to:
    (i) Sewer plans;
    (ii) Water plans;
    (iii) Recreation plans;
    (iv) Transportation plans;
    (v) Education plans; and
    (vi) Subdivision plans.
    (3) Payment of salaries of professional, technical, and clerical 
staff to carry out growth management and housing planning and 
evaluation;

[[Page 218]]

    (4) Payment of necessary reasonable office expenses such as office 
rental, office utilities, and office equipment rental;
    (5) Purchase of office supplies;
    (6) Payment of necessary reasonable administrative posts, such as 
workmen's compensation, liability insurance, and employer's share of 
social security and travel; and
    (7) Payment of costs to undertake tests, make appraisals, and 
arrange for engineering/architectural services necessary for the 
planning activity.
    (b) Up to 75 percent of the actual cost of developing or acquiring 
sites for housing, public facilities, or services for which financial 
resources are otherwise not available as set forth in the grant 
agreement, including but not limited to:
    (1) Necessary grading and leveling;
    (2) Sewer and water connections;
    (3) Necessary water and sewer lines to housing and public facilities 
sites;
    (4) Access roads to housing and public facilities sites;
    (5) Restoring previously mined sites;
    (6) Necessary engineering reports in connection with site 
development;
    (7) Payment of costs to undertake tests, make appraisals, and 
engineering/architectural services necessary for the site development 
and/or site acquisition;
    (8) Necessary legal fees involved in the transfer of the real 
property.



Sec.  1948.58  [Reserved]



Sec.  1948.59  Ineligible activities.

    (a) Growth management and housing planning grant funds may not be 
used for:
    (1) Acquisition, construction, repair, or rehabilitation of existing 
housing and public facilities;
    (2) Replacement of, or substitution for, any financial support 
previously provided or assured from any other source which would result 
in a reduction of current efforts on the part of the applicant;
    (3) Duplication of current services;
    (4) Routine administrative activities not allowed under Federal 
Management Circular FMC 74-4, ``Cost Principles Applicable to Grants and 
Contracts with State and Local Governments;''
    (5) Planning for areas other than approved designated areas;
    (6) Planning other than growth management and housing planning; or
    (7) Political activities.
    (b) Grant funds for site development may not be used for:
    (1) Construction, repair, or rehabilitation of housing and public 
facilities;
    (2) Replacement of, or substitution for, any financial support 
previously provided or assured from any other source which would result 
in a reduction of effort on the part of the applicant;
    (3) Administrative expenses not allowed under FMC 74-4;
    (4) Purposes for which funding exists under other State or Federal 
programs that may reasonably be obtained on a timely basis by the 
applicants;
    (5) Duplication of current services; or
    (6) Political activities.



Sec.  1948.60  Delegation and redelegation of authority.

    The Rural Development State Director is responsible for implementing 
the authorities contained in this subpart and may issue State 
supplements redelegating these authorities to appropriate Rural 
Development employees.



Sec.  1948.61  State supplements and guides.

    Rural Development State Directors will obtain National Office 
clearance for all State supplements and guides in accordance with 
paragraph VIII of RD Instruction 2006-B, (available in any Rural 
Development office).
    (a) State supplements. State Directors may supplement this subpart 
as appropriate to meet State and local laws and regulations and to 
provide for orderly application processing and efficient service to 
applicants. State supplements shall not contain any requirements 
pertaining to designations, designation approval, or plan approvals more 
restrictive than those in this subpart.
    (b) State guides. State Directors may develop guides for use by 
applicants if the guides to this subpart are not adequate. State 
Directors may prepare guides for: items needed for the application; 
items necessary for the docket;

[[Page 219]]

and items required prior to grant closing or construction starts.

[44 FR 35984, June 19, 1979, as amended at 80 FR 9888, Feb. 24, 2015]



Sec.  1948.62  Environmental impact requirements.

    (a) Issuance of grants and other actions taken under this subpart 
must comply with the environmental review requirements in accordance 
with 7 CFR part 1970.
    (b) Subsequent to an energy impact area designation by the Governor 
and establishment of priorities, the Rural Development State Director, 
in consultation with the Governor, shall define the geographic 
boundaries or otherwise delineate the areas which will be studied for 
environmental impacts.
    (c) Boundaries shall define the area within which the environmental 
impacts of the proposed action can be reasonably studied. Proper 
delineation of impact areas will avoid duplication of effort by using 
one assessment or impact statement to study a broad area rather than 
numerous overlapping documents prepared for smaller projects.

[44 FR 35984, June 19, 1979, as amended at 49 FR 3764, Jan. 30, 1984; 81 
FR 11032, Mar. 2, 2016]



Sec.  1948.63  Historic preservation requirements.

    The policies and regulations contained in part 1901, subpart F, of 
this chapter apply to this program.



Sec.  1948.64  Equal opportunity requirements.

    The policies and regulations contained in part 1901, subpart E, of 
this chapter apply to grants made under this program.



Sec.  1948.65  Relocation Act requirements.

    The policies and regulations contained in title 7, subtitle A, part 
21 of the Code of Federal Regulations (Uniform Relocation Assistance and 
Real Property Acquisition Policies Act of 1970) will apply to site 
development and acquisition grants and other actions under this program.



Sec.  1948.66  [Reserved]



Sec.  1948.67  Procedure for designation.

    (a) Local governments may request the Governor of the State in which 
they are located to designate an area served by them as an energy 
impacted area.
    (b) The Governor will define the geographic area of a designated 
area consistent with the nature of the impact and the socio-economic 
integration of the area.
    (c) The Governor may designate an area as an energy impacted area 
based on the criteria contained in this subpart.



Sec.  1948.68  Criteria for designation.

    (a) An area designated by the Governor must have the following 
characteristics:
    (1) During the most recent calendar year, the eligible employment in 
coal or uranium development activities within the area has increased by 
eight percent or more from the preceding year, or such employment (as 
projected by generally acceptable estimates) will increase by eight 
percent (of the eligible employment in the year of the designation) or 
more per year during each of the next three calendar years.
    (2) Because of increased employment in coal or uranium development 
activities, a shortage of housing, inadequate public facilities, or 
services exists or will exist in the area. Such shortages or 
inadequacies may be demonstrated by: Housing shortage statistics; higher 
occupancy rates of substandard houses than has historically occurred 
within the area; an increase (for which data or projected data is 
available) in eligible employment from the year of the designation of at 
least 100 workers and one-half of one percent of the designated area's 
population; or data showing that available public facilities and 
services in the area are below generally accepted standards due to the 
increased demand resulting from coal and uranium development activities.
    (3) Available State and local financial resources are inadequate to 
meet the public need for housing or public facilities and services at 
present or in the next three years. In making this

[[Page 220]]

determination the Governor should consider the following:
    (i) State revenue increases resulting from coal and uranium 
development activity based on existing tax laws;
    (ii) Federal funds transferred to the State for impact assistance;
    (iii) Local revenue increases resulting from coal or uranium 
development activities based on existing tax laws;
    (iv) Other federal financial assistance to which the area may have 
access;
    (v) All other available State and local sources of funding;
    (vi) The time during which the resources will be available;
    (vii) Existing laws committing increases in State and local revenues 
and Federal transfers to purposes other than impact assistance; and
    (viii) The estimated cost of development based on the best available 
informed judgment.
    (b) Designations submitted to the Secretary of Energy for approval 
must have the following attached:
    (1) A list of all counties and parts of counties covered by the 
designation;
    (2) If the area is smaller than a county, a map showing the boundary 
of the area and the approximate location of all eligible employment 
facilities in the area and nearby;
    (3) A written justification for the inclusion of an area if the area 
is smaller than a county;
    (4) The level of eligible employment within the designated area for 
each of the two most recent calendar years. This data should be obtained 
from a single source for the entire State, if possible; special surveys 
may be used when the Governor determines that these more accurately 
reflect employment conditions within the designated area, or in cases 
where data from other sources for the most recent calendar year is 
unavailable at the time of designation. Reference should be made to the 
data sources used if it is a Federal source; if a non-Federal sources is 
used, a copy of the source and a brief description of the procedures 
used for justification should be included. If projections of eligible 
employment are to be considered, projections of such employment for the 
next three years must be attached; identification of data sources and 
methodology used in developing those projections and a copy of any 
survey data used should be included.
    (c) In areas where the impacted area covers counties or parts of 
counties located in more than one State, the Governors of the affected 
States may jointly designate such area and submit the designation to the 
Secretary of Energy for approval.
    (d) After examining these factors and determining that the area 
meets the criteria of (a) above, the Governor may so certify in a letter 
bearing his or her signature and submit the letter of certification with 
all data and estimates upon which the designation is based to the 
Secretary of Energy for approval.
    (e) Each designation submitted should have the name and phone number 
of a contact person in the Governor's designating office.
    (f) An original and one copy of the designation should be submitted 
to the Secretary of Energy, Department of Energy, Mail Stop 8G-031, 
Forrestal Building, Washington, DC 20585.
    (g) Two copies of all designations submitted for approval shall be 
submitted to the appropriate Rural Development State Director. The Rural 
Development State Director shall forward one copy to the Office of Area 
Development Assistance in the Rural Development National Office.
    (h) The Governor should designate all areas expected to be 
considered in fiscal year 1979 allocations of funds before July 1, 1979.

[44 FR 35984, June 19, 1979, as amended at 46 FR 33022, June 26, 1981]



Sec.  1948.69  [Reserved]



Sec.  1948.70  Designation approval.

    Upon receipt of a request for approval of a designation made under 
this section, the Secretary of Energy shall:
    (a) Determine to the best of his ability the consistency of the 
supporting data submitted along with the designation by the Governor;
    (b) Confer with Rural Development on approval;
    (c) Notify the Governor and the Under Secretary for Rural 
Development of action taken on each designation within 30 calendar days 
of the receipt of a request for approval;

[[Page 221]]

    (d) Consult with the Governor before the disapproval of any 
designation; and
    (e) Publish a description in the Federal Register of all designated 
areas approved within 30 days of their approval.



Sec.  1948.71  [Reserved]



Sec.  1948.72  Industry reports.

    Any person regularly engaged in any coal or uranium development 
activity within an area designated and approved in accordance with this 
subpart, shall prepare and transmit a report to the Secretary of Energy, 
Department of Energy, Mail Stop 8G-031, Forrestal Building, Washington, 
DC 20585 within 90 days after a written request to such person by the 
Governor of the State in which such area is located.
    (a) The report shall contain:
    (1) Projected levels of employment in coal or uranium development 
activities within the approved designated area for the next three 
calendar years;
    (2) The projected number of new jobs to be created in coal or 
uranium development activities by the person within the approved 
designated area in each of the following three calendar years;
    (3) Current or planned actions of the person in relation to the 
provision of housing or public facilities for such person's employees in 
the next three calendar years;
    (4) Contracts in force whereby the person intends to provide funds 
to State government, local governments, and public or private nonprofit 
organizations for the provision of housing or public facilities for such 
person's employees; and
    (5) The projected quantity of coal or uranium to be produced, 
processed, or transported by the person in each of the next three years.
    (b) The Governor requesting the report will notify the Secretary of 
Energy of persons from whom reports have been requested.
    (c) The Secretary of Energy shall provide a copy of these reports to 
the Secretary of Agriculture, the appropriate Governor, and the 
appropriate county or local officials, and make it available for public 
inspection and copying in the public reading room of the Department of 
Energy, Room GA152, Forrestal Building, Washington, DC 20585.



Sec. Sec.  1948.73-1948.77  [Reserved]



Sec.  1948.78  Growth management and housing planning projects.

    (a) Existing plans for growth management and housing may be used to 
meet the planning requirements of this subpart.
    (b) A reasonable effort should be made to modify existing plans for 
use in meeting the planning requirements of this section.
    (c) The Governor shall be responsible for the coordination of 
planning within a State.
    (d) The planning process developed with assistance under this 
section should begin at the local level and flow upward to the State.
    (e) Planning processes developed with assistance under this section 
should have the maximum possible citizen involvement in the development 
of plans.
    (f) Governors should give full consideration to local and substate 
priorities in the development of the State Investment Strategy for 
Energy Impacted Areas.
    (g) Plans developed with assistance under this section should be 
fully coordinated with other Federal, State, substate, and local 
planning activities affected by the project.
    (h) Planning conducted by the State include effective management 
activities for coordinated development of approved designated areas 
through the plan implementation stage.

[44 FR 35984, June 19, 1979, as amended at 48 FR 29121, June 24, 1983]



Sec.  1948.79  Application procedure for planning grants.

    (a) Applicants may submit a preapplication for a planning grant upon 
designation of the area as an energy impacted area by the Governor. 
Rural Development will not take final action on the preapplication until 
the designation has been approved by the Secretary of Energy.
    (b) Intergovernmental consultation should be carried out in 
accordance with 7 CFR part 3015 subpart V, ``Intergovernmental Review of 
Department of Agriculture office.''

[[Page 222]]

    (c) Applicants shall file an original and one copy of SF 424.1, 
``Application for Federal Assistance (For Non-construction),'' with the 
appropriate Rural Development office. A copy should also be filed with 
the Governor's office of the appropriate State. This form is available 
in all Rural Development offices. Local governments and councils of 
local governments shall submit preapplications to the appropriate Rural 
Development District Office. State governments shall apply to the 
appropriate Rural Development State Office. The Rural Development 
District Office will forward the preapplication with written comments 
within 10 working days to the appropriate State Office.
    (d) All preapplications shall be accompanied by:
    (1) Evidence of applicant's legal existence;
    (2) Evidence of applicant's authority to prepare growth management 
and/or housing plans;
    (3) A statement declaring that the planning neither duplicates nor 
conflicts with current activities;
    (4) An original and one copy of Form RD 400-1, ``Equal Opportunity 
Agreement,'' and Form RD 400-4, ``Assurance Agreement;'' and
    (5) A statement regarding other financial resources available to the 
area for this planning.
    (e) District and State Rural Development Offices receiving 
preapplications will:
    (1) Determine if the area to be covered by this project is an 
``approved designated area'' as defined in this subpart;
    (2) Comply with the environmental requirements set forth in this 
subpart; and
    (3) Prepare a Historic Preservation Assessment in accordance with 
part 1901, subpart F, of this chapter.
    (f) District Rural Development Offices receiving preapplications 
will also provide written comments reflecting planning grant selection 
criteria listed in this subpart.
    (g) The Rural Development District Office will forward the original 
of the preapplication and accompanying documents including those 
described in paragraphs (e)(1) through (e)(3) and (f) of this section to 
the appropriate Rural Development State Director within 10 working days 
of receipt of the preapplication.
    (h) Upon receipt of a preapplication, the Rural Development State 
Office will:
    (1) Review and evaluate the preapplication and accompanying 
documents;
    (2) Consult with the Governor of the appropriate State concerning 
the Governor's priorities and recommended funding level for the project; 
and
    (3) Respond to the applicant within 30 days of the date of receipt 
of the preapplication using Form AD-622, ``Notice of Preapplication 
Review Action,'' indicating the action taken on the preapplication.
    (i) Upon notification that the applicant is eligible to compete with 
other applicants for funding, a SF 424.1 may be submitted to the Rural 
Development State Office by all applicants.
    (j) The Rural Development State Office will send evidence of the 
applicant's legal existence and authority to the USDA Regional Office of 
General Counsel (OGC) and request that a legal determination be made of 
the applicant's legal existence and authority to prepare growth 
management and/or housing plans in those cases where an application (SF 
424.1) is requested.
    (k) Upon receipt of an application on SF 424.1 by the Rural 
Development State Office, a docket will be prepared which will include 
the following:
    (1) Form SF 424.1;
    (2) Form AD-622;
    (3) Any comments received in accordance with 7 CFR part 3015 subpart 
V, ``Intergovernmental Review of Department of Agriculture Programs and 
Activities''. See RD Instruction 1970-I, `Intergovernmental Review,' 
available in any Agency office or on the Agency's Web site.
    (4) SF 424.1;
    (5) Evidence of the applicant's legal existence and authority to 
prepare growth management and/or housing plans;
    (6) OGC legal determinations;
    (7) Grant agreement and scope of work;
    (8) Form RD 1940-1, ``Request for Obligation of Funds;''

[[Page 223]]

    (9) Form RD 400-1;
    (10) Form RD 400-4;
    (11) Historic Preservation Assessment;
    (12) District, where appropriate, and State Rural Development 
written comments, assessments, and analysis of the proposed projects in 
accordance with the grant selection criteria; and
    (13) All certificates and statements accompanying the pre-
application and/or application.

[44 FR 35984, June 19, 1979, as amended at 48 FR 29121, June 24, 1983; 
49 FR 3764, Jan. 30, 1984; 55 FR 13503, 13504, Apr. 11, 1990; 76 FR 
80731, Dec. 27, 2011]



Sec.  1948.80  Planning grant selection criteria.

    The following criteria will be used in the selection of planning 
grant recipients:
    (a) Planning assistance which could be used for the purpose of the 
proposed planning process is not available from other sources on a 
timely basis (Mandatory);
    (b) The increase in the number of new employees and the percentage 
of increase in employment in coal and/or uranium development activities 
in the year of designation within the approved designated area (years 
projected will be averaged and treated equally);
    (c) The need for planning in relation to the financial resources 
available for such planning;
    (d) The planning priorities and recommended funding level of the 
Governor(s) of the appropriate State(s);
    (e) The appropriateness of the proposed planning activity for 
meeting the planning needs of the area, including but not limited to the 
building of planning capacity and the local priority for the project;
    (f) The inadequacy of existing plans for mitigating the effects of 
coal and/or uranium development activities; and
    (g) The nature of comments and recommendation received in accordance 
with 7 CFR part 3015 subpart V, ``Intergovernmental Review of Department 
of Agriculture Programs and Activities''. (See RD Instruction 1970-I, 
`Intergovernmental Review,' available in any Agency office or on the 
Agency's Web site.)

[44 FR 35984, June 19, 1979, as amended at 48 FR 29121, June 24, 1983; 
76 FR 80731, Dec. 27, 2011]



Sec.  1948.81  State Investment Strategy for Energy Impacted Areas.

    (a) The State Investment Strategy for Energy Impacted Areas should 
be a dynamic document updated as each plan or group of plans is 
submitted to Rural Development for approval.
    (b) The Governor shall consult with the Rural Development State 
Director when developing or updating a State Investment Strategy for 
Energy Impacted Areas.
    (c) The State Investment Strategy for Energy Impacted Areas will 
include but is not limited to:
    (1) A list of projects in order of priority;
    (2) The Governor's recommended level of and method of funding for 
each project through completion of the project identified in the plans 
submitted and incorporated into the State Investment Strategy for Energy 
Impacted Areas;
    (3) Methods of coordinating assistance with other State and Federal 
development programs;
    (4) The differential between available financial resources and the 
cost of needed site development and acquisition for housing and public 
facilities and services within the area covered by the State Investment 
Strategy for Energy Impacted Areas;
    (5) References to plan and page number of plan on which each 
priority project is described.
    (d) The State Investment Strategy for Energy Impacted Areas having 
projects expected to be funded in FY 1979 should be submitted to the 
Rural Development State Director of the appropriate State before July 
15, 1979. A copy should also be forwarded to the Under Secretary for 
Rural Development.



Sec.  1948.82  Plan and State Investment Strategy approval procedure.

    (a) Any plan submitted for Rural Development approval, whether it is 
a plan developed with assistance under

[[Page 224]]

this section, an existing plan, or a modified plan, should contain:
    (1) The present level of coal or uranium production, processing, or 
transportation within the approved designated area covered by the plan;
    (2) The anticipated level of coal or uranium production, processing, 
or transportation in each of the next three calendar years within the 
area covered by the plan;
    (3) A brief description of the socio-economic impacts that have 
occurred during the two most recent calendar years in the approved 
designated area covered by the plan;
    (4) A brief description of the socio-economic impacts that are 
expected to occur in the approved designated area covered by the plan 
within each of the next three calendar years;
    (5) The anticipated number of new employees expected to be hired in 
coal or uranium development activities in each of the next three years 
within the approved designated area covered by the plan;
    (6) Available financial resources and federal programs that may be 
applied to meeting the needs of the approved designated area including 
but not limited to the following:
    (i) The expected amount of State assistance and State expenditures 
in the approved designated area covered by the plan which will be used 
for impact assistance in the next three years;
    (ii) The amount of tax revenues expected to accrue to local 
governments serving the approved designated area covered by the plan in 
each of the next three years due to increased economic activities which 
have occurred since the year prior to designation or are expected to 
occur as a result of coal and uranium development activity;
    (iii) Sources and amount of assistance State and local governments 
are now receiving or are expected to receive from persons for the 
provision of housing and public facility and services; and
    (iv) Existing budget surplus at the State and local level.
    (7) The specific needs of the area covered by the plan as to the 
number of housing units now needed and the number that are expected to 
be needed in each of the next three years, and/or the number and type of 
public facilities and services now needed or expected to be needed in 
the next three years;
    (8) The type and quantity of real property now needed or expected to 
be needed in the next three years for the construction of public 
facilities and/or housing and/or in the provisions of public services;
    (9) Proposed method of acquisition for each site to be acquired by 
the State or local governments; and
    (10) An estimate of assistance that will be necessary under this 
section and/or other Rural Development or Federal programs for the 
development of the site.
    (b) All plans meeting the criteria in paragraph (a) of this section 
should be forwarded to the Governor of the appropriate State or States 
for possible incorporation into the State Investment Strategy for Energy 
Impacted Areas.
    (c) Appropriate growth management and/or housing plans received by 
the Governor under this section may be submitted to the appropriate 
Rural Development State Office by the Governor.
    (d) The Governor shall submit a copy of the State Investment 
Strategy for Energy Impacted Areas along with all plans the Governor is 
submitting to Rural Development for approval.
    (e) During fiscal year 1979 the Governor may submit existing plans 
to Rural Development for qualified approval in which some sections under 
paragraph (a) above are incomplete, provided that planning is presently 
being done to fill these gaps, or application for a planning grant has 
been submitted or is to be submitted to cover the cost of the needed 
planning. These plans must be resubmitted for final approval on or 
before December 31, 1980. No requested grant will be approved for land 
acquisition or site development unless the request is cited in the Rural 
Development -approved comprehensive growth management plan for the 
designated area in which the project is located.
    (f) The Rural Development State Director shall review all plans and 
the State Investment Strategy for Energy Impacted Areas and provide 
comments on the following:

[[Page 225]]

    (1) Appropriateness of Rural Development assistance under this 
section as called for in the plans;
    (2) Appropriateness of Rural Development assistance under other 
programs as called for in the plans;
    (3) Appropriateness of the State Investment Strategy for Energy 
Impacted Areas;
    (4) Other Federal programs which could be used instead of, or in 
addition to, assistance under this section; and
    (5) Recommended action.
    (g) The Rural Development State Director shall submit all plans 
received from the Governor, the State Investment Strategy Energy 
Impacted Areas, and any comments to the Rural Development National 
Office for approval within 10 days of the submission of plans and the 
State Investment Strategies for Energy Impacted Areas to the State 
Director.
    (h) The Rural Development National Office shall review all plans and 
State Investment Strategy for Energy Impacted Areas received and approve 
or return them for modification within 30 days of their receipt in the 
Rural Development National Office.
    (i) The Rural Development State Office shall notify the appropriate 
State Director of all plans that have been approved by the Under 
Secretary for Rural Development.
    (j) Upon approval of the plans and State Investment Strategies for 
Energy Impacted Areas by the Under Secretary for Rural Development, the 
Rural Development State Director may exercise the authority of the 
Secretary of Agriculture under Section 603 of the Rural Development Act 
of 1972 to convene a meeting of the appropriate representatives of all 
Federal and State agencies which are requested to supply development 
funds by the State Investment Strategy for Energy Impacted Areas for the 
purpose of obtaining tentative funding commitments consistent with their 
authorities.
    (k) The Rural Development State Office shall notify the Governor and 
the appropriate District Directors of all plans approved by the Under 
Secretary for Rural Development.
    (l) Modifications to approved plans shall be approved by the Under 
Secretary for Rural Development following the above procedure.
    (m) The Governor's modification to the State Investment Strategy for 
Energy Impacted Areas may be approved by the Rural Development State 
Director provided the modification is consistent with Rural Development 
approved plans.



Sec.  1948.83  Performance of site development work.

    Site development work will be done in accordance with Sec.  1942.18 
of RD Instruction 1942-A.



Sec.  1948.84  Application procedure for site development and 
acquisition grants.

    (a) For those projects for which Federal funding is sought in excess 
of $100,000 the applicant shall file SF 424.2, ``Application for Federal 
Assistance (For Construction)'' with the appropriate Rural Development 
office. For those projects for which Federal funding is sought for less 
than $100,000, the applicant shall file SF 424.2 with the appropriate 
Rural Development office. A copy should also be filed with the 
Governor's office of the appropriate State.
    (b) The Rural Development office receiving a SF 424.2 shall reply to 
the applicant with-in 45 calendar days regarding the applicant's 
eligibility to compete for funding under this program using Form AD-622. 
(Rural Development District offices will send each preapplication to the 
Rural Development State Offices for review before replying to the 
applicant. Rural Development District offices will send a copy of Form 
AD-622 to the Rural Development State Office at the time the Form AD-622 
is sent to the applicant.)
    (c) Intergovernmental consultation should be carried out in 
accordance with 7 CFR part 3015 subpart V, ``Intergovernmental Review of 
Department of Agriculture Programs and Activities''. (See RD Instruction 
1970-I, `Intergovernmental Review,' available in any Agency office or on 
the Agency's Web site.)
    (d) Applicants shall file an original and one copy of SF 424.2, with 
the appropriate Rural Development office. Local governments and councils 
of

[[Page 226]]

local government shall submit applications to the Rural Development 
District Office and State governments to the Rural Development State 
Office. Applications shall include:
    (1) Evidence of applicant's legal existence and authority to 
undertake the proposed project;
    (2) Evidence of ownership of or lease on a site to be developed or 
``Options to Purchase Real Property,'' Form RD 440-34, (Lease on a site 
for a public facility will be in accordance with FmHA Instruction 1942-A 
and lease on a site for housing will be in accordance with 7 CFR part 
3550);
    (3) Description of project and relationship to approved growth 
management and housing plan. Applicant must cite pages and section of 
the approved plan;
    (4) A plat of the area including elevations;
    (5) Preliminary plans and specifications on proposed development 
which will contain an estimate of the projected cost of site development 
prepared by independent qualified appraisers or architects/engineers;
    (6) The amount of Federal grant needed;
    (7) The amount and source of applicant's financial contribution to 
the project;
    (8) Grants made under this subpart must comply with the 
environmental review requirements in accordance with 7 CFR part 1970.
    (9) An original and one copy of Form RD 400-1 and Form RD 400-4;
    (10) Evidence that the land is stable if the land has been 
previously mined (include relevant data on soil and analysis);
    (11) Assurance that the requirements set forth in title 7, subtitle 
A, part 21 of the Code of Federal Regulations (Uniform Relocation 
Assistance and Real Property Acquisition Policies Act of 1970) have been 
met.
    (12) Specific concurrence of the Governor if the proposed applicant 
is neither a council of local governments nor a general purpose 
political subdivision of a State;
    (e) District and State Rural Development Offices receiving 
applications shall:
    (1) Determine if the project is in accordance with a Rural 
Development approved growth management and/or housing plan covering the 
approved designated area;
    (2) Comply with environmental review requirements in accordance with 
7 CFR part 1970;
    (3) Prepare a Historic Preservation Assessment in accordance with 
part 1901, subpart F, of this chapter;
    (4) Determine site stability if the land has been previously mined; 
and
    (f) District Rural Development Offices receiving applications shall 
also provide written comments reflecting site development and 
acquisition grant selection criteria (Sec.  1948.86) listed in this 
subpart.
    (g) The Rural Development District Office shall forward the original 
of the application and accompanying documents including those required 
in paragraph (e) of this section to the Rural Development State Director 
within 10 working days of receipt of the application.
    (h) Upon receipt of an application, the Rural Development State 
Office shall:
    (1) Review and evaluate the application and accompanying documents;
    (2) Determine that the project is a part of and consistent with the 
State Investment Strategy for Energy Impacted Areas;
    (3) Send a copy of the applicant's evidence of legal existence and 
authority to the USDA Regional OGC for review;
    (4) If applicant is local government(s), consult with the Governor 
on funding recommendation of the project; and
    (5) Respond to the applicant within 30 days of the date of receipt 
of the application.
    (i) Upon receipt of an application by the Rural Development State 
Office, a docket shall be prepared which shall include the following:
    (1) Application SF 424.2 and enclosures;
    (2) Any comments received in accordance with 7 CFR part 3015 subpart 
V, ``Intergovernmental Review of Department of Agriculture Programs and 
Activities''. (See RD Instruction 1970-I, `Intergovernmental Review,' 
available

[[Page 227]]

in any Agency office or on the Agency's Web site.)
    (3) Evidence of ownership or lease of site to be developed;
    (4) Evidence of applicant's legal existence and authority;
    (5) OGC legal determination;
    (6) Preliminary plans and specifications concerning the proposed 
development;
    (7) Grant agreement and scope of work;
    (8) An estimate of projected cost of site development prepared by 
independent qualified appraisers or engineers/architects;
    (9) A topographical map of the area;
    (10) Form RD 1940-1;
    (11) Form RD 400-1;
    (12) Form RD 400-4;
    (13) Environmental review documentation in accordance with 7 CFR 
part 1970.
    (14) Historic Preservation Assessment;
    (15) A copy of the State Investment for Energy Areas; and
    (16) District, where appropriate, and State Rural Development 
written comments, assessments and analysis of the proposed project in 
accordance with the grant selection criteria.

[44 FR 35984, June 19, 1979, as amended at 46 FR 61991, Dec. 21, 1981; 
48 FR 29121, June 24, 1983; 49 FR 3764, Jan. 30, 1984; 55 FR 13503, 
13504, Apr. 11, 1990; 67 FR 78329, Dec. 24, 2002; 76 FR 80731, Dec. 27, 
2011; 81 FR 11032, Mar. 2, 2016]



Sec.  1948.85  [Reserved]



Sec.  1948.86  Site development and acquisition grant selection criteria.

    The following criteria will be considered in the selection of site 
development and/or acquisition grant recipients:
    (a) Required criteria. Each project must meet the following 
criteria:
    (1) The area is covered by a Rural Development approved plan;
    (2) The Rural Development approved plan specifically calls for the 
site development and/or acquisition;
    (3) Other Federal funds that the community could receive for the 
project are inadequate or not available, and no State or local funds for 
site development are available to permit development on a timely basis;
    (4) The site is to be developed and/or acquired and is to be used 
for housing, public facilities, or services;
    (5) The applicant has title to the site, lease on site, or an option 
on the site and funds to purchase the site, or is applying for site 
acquisition funds;
    (6) The site will comply with Executive Orders 11988, ``Flood Plain 
Management'' and 11990, ``Protection of Wetlands;''
    (7) An appraisal of the fair market value of the site must have been 
completed;
    (8) Priority has been given in the selection of site to unoccupied 
or previously mined land;
    (9) Class I or Class II farm land was included in the site only if 
other suitable land was not available;
    (10) The land is stable if previously mined; and
    (11) Assurance that the requirements set forth in title 7, subtitle 
A, part 21 of the Code of Federal Regulations (Uniform Relocation 
Assistance and Real Property Acquisition Policies Act of 1970) have been 
met.
    (b) Competitive criteria. The following criteria will be considered 
in the selection of grantees:
    (1) Priority assigned and recommended funding level by the Governor 
in the State Investment Strategy for Energy Impacted Areas;
    (2) The increase in the number of new employees and the percentage 
of increase in employment in coal and/or uranium development activities 
in the year of designation within the approved designated area (years 
projected will be averaged and treated equally);
    (3) The severity of need for housing, public facilities, services 
that has resulted from coal or uranium development activities in 
relation to available financial resources within the approved designated 
area covered by the plan calling for the project;
    (4) Local priority for the project;
    (5) The amount of effort by State and local government to meet the 
needs of the area covered by the application as called for in the State 
Investment Strategy for Energy Impacted Areas in relation to available 
financial resources;
    (6) An assessment of the environmental impacts of the project; and

[[Page 228]]

    (7) The nature of comments and recommendations of A-95 clearing- 
house(s).



Sec.  1948.87  [Reserved]



Sec.  1948.88  Direct land acquisition by Rural Development.

    (a) Rural Development may take action to acquire real property 
directly upon the written request of the Governor of the State in which 
the real property is located. Rural Development will not acquire real 
property directly under this section without such a request.
    (b) All requests for direct land acquisition should be submitted to 
the Rural Development State Director. The following conditions must be 
met prior to the submission of a request for direct acquisition by Rural 
Development:
    (1) The State or local government serving the area must lack power 
to condemn land of this type for this purpose and must supply an opinion 
by the State Attorney General that this authority is lacking;
    (2) The real property is to be used as a site for needed housing, 
public facilities, or services;
    (3) The site acquisition is called for in a Rural Development 
approved plan;
    (4) The site is specifically identified by a Rural Development 
approved plan;
    (5) State and local governments have been unable to obtain the real 
property for a price which does not substantially exceed its fair market 
value; and suitable alternate sites are not available;
    (6) The land is not Indian Trust land;
    (7) The land is not U.S. Forest Service land; and
    (8) There is legal authority to undertake the proposed project.
    (c) Rural Development may acquire Federal real property not 
prohibited in paragraphs (b) (6) and (7) of this section for purposes 
contained in this subpart. Farm land (Class I and II) will not be 
considered unless there is no other suitable land available.
    (d) If the State Director determines that no other suitable real 
property exists that can be obtained at a price which does not 
substantially exceed its fair market value, and if the appropriate State 
or local government lacks condemnation authority as evidenced by opinion 
from the Attorney General, and there is authority to undertake the 
proposed project, then the State Director shall follow the procedures 
set out in title 7, subtitle A, part 21 of the Code of Federal 
Regulations (Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970) and immediately open negotiations to directly 
acquire the real property through purchase or trade.
    (e) The Rural Development State Director may acquire real property 
by purchase to trade for other real property when Rural Development has 
been requested to acquire real property by the Governor of the State in 
which the real property is located.
    (f) The Governor shall submit, with this request, a commitment from 
the State to acquire real property, together with a plan of compensation 
to Rural Development and evidence of the State's legal authority to 
enter into this agreement with Rural Development to accept the real 
property and repay Rural Development for the fair market value of the 
real property for the intended purpose.
    (g) Real property acquired by Rural Development shall be transferred 
to the State requesting by a quitclaim deed for a price equal to the 
fair market value in accordance with the terms of a transfer agreement.
    (h) After obtaining title to the real property and prior to transfer 
to the State, the property shall be managed by Rural Development in 
accordance with part 1955, subpart B of this chapter.
    (i) The State Director shall inform the Governor that Rural 
Development real property acquisition is not likely to occur by purchase 
or trade if negotiations have failed to produce acceptable results 
within 90 days of the request for Rural Development acquisition of real 
property.



Sec.  1948.89  Land condemnation by Rural Development.

    (a) If Rural Development attempts to acquire real property at the 
request of a Governor through purchase or trade and is unable to do so, 
Rural Development may take action to condemn the real property by the 
following procedures:

[[Page 229]]

    (1) A request for condemnation shall be submitted by the Rural 
Development State Director to the Under Secretary for Rural Development, 
Washington, DC 20250 at the request of the Governor of the appropriate 
State. A copy of the Governor's request for Rural Development real 
property condemnation and the State Attorney General's opinion that 
State and local government condemnation authority is lacking shall be 
attached to the Rural Development State Director's request.
    (2) The Under Secretary for Rural Development shall forward all 
requests for Federal condemnation to the OGC, USDA with a recommendation 
for action.
    (3) The Under Secretary for Rural Development shall inform the 
Governor of any action on the request for condemnation.
    (4) Real property condemned by Rural Development shall be 
transferred to the requesting State by a quitclaim Deed for a price 
equal to the fair market value of the real property in accordance with 
terms of a negotiated real property transfer agreement.
    (5) After obtaining title to real property and prior to transfer to 
the State, the property shall be managed by Rural Development in 
accordance with part 1955, subpart B of this chapter.
    (b) Rural Development may not condemn Indian Trust Land or U.S. 
Forest Service Land.



Sec.  1948.90  Land transfers.

    (a) Transfers of real property acquired by Rural Development.
    (1) A request for Rural Development acquisition of real property by 
a Governor of a State constitutes an agreement by that State to receive 
said real property and to reimburse Rural Development for the fair 
market value of said real property for the intended use.
    (2) Terms and conditions, including reimbursement terms, for real 
property transfers shall be set forth in a Real Property Transfer 
Agreement between the Under Secretary for Rural Development and the 
appropriate Governor. These terms and conditions will be agreed upon by 
Rural Development and the State prior to Rural Development attempting to 
acquire the property. These agreements shall be prepared after 
consulting with OGC, and forwarded for prior approval by the Rural 
Development National Office.
    (3) All funds from real property transfers received by Rural 
Development shall be deposited in the U.S. Treasury.
    (b) Transfer of real property acquired and/or developed with grant 
funds from a grant made under this subpart to a person.
    (1) Real property acquired and/or developed under this subpart may 
be transferred to a person for the purposes of construction of 
privately-owned housing.
    (2) All transfers of real property to a person must be approved by 
the Rural Development State Director of the appropriate State.
    (3) Transfer of real property by a recipient of assistance under 
this subpart to a person must be by contract which: acknowledges the use 
of funds provided under this subpart to acquire or develop the site; 
specifies the date of performance prior to delivery of the deed; 
provides for Rural Development concurrence before changes or 
modifications; and assures Rural Development that the real property will 
be used for the purposes under which the grant was made.
    (4) Proceeds derived from the sale of land acquired or developed 
through the use of a grant provided under this subpart must be divided 
between the grantee and Rural Development on a pro rata basis. A grantee 
may not recover its cost from sale proceeds to the exclusion of Rural 
Development. The amount to be returned to Rural Development is to be 
computed by applying the percentage of the Rural Development grant 
participation in the total cost of the project to the proceeds from the 
sale.
    (5) All funds received by Rural Development from real property 
transfers shall be deposited in the U.S. Treasury.

(42 U.S.C. 8401; delegation of authority by the Secretary of 
Agriculture, 7 CFR 2.23; delegation of authority by the Assistant 
Secretary for Rural Development, 7 CFR 2.70)

[44 FR 35984, June 19, 1979, as amended at 46 FR 33022, June 26, 1981; 
56 FR 28038, June 19, 1991; 68 FR 61331, Oct. 28, 2003]

[[Page 230]]



Sec.  1948.91  Inspections of development.

    Inspections will be made by the Rural Development State Engineer or 
other employee designated by the Rural Development State Director to 
ascertain whether site development is proceeding in accordance with 
plans and specifications. Such inspections are solely for the benefit of 
the Government and not for the benefit of the Grantee or any other 
person.



Sec.  1948.92  Grant approval and fund obligation.

    (a) The Rural Development State Office shall review the docket to 
determine whether the proposed grant complies with this subpart and that 
funds are available.
    (b) The Rural Development State Director shall be the approving 
officer on all grants made under this subpart.
    (c) If at any time prior to grant approval it is decided that 
favorable action will not be taken on a preapplication or application, 
the Rural Development State Director will notify the applicant in 
writing of the reasons why the request was not favorably considered. The 
notification to the applicant will state that a review of this decision 
by Rural Development may be requested by the applicant in accordance 
with RD Instruction 1900-B.
    (d) If a grant is recommended, Form RD 1940-1 and the proposed grant 
agreement and scope of work will be prepared and forwarded to the 
applicant for signature.
    (e) When Form RD 1940-1 and the grant agreement and scope of work 
are received by the applicant, the applicant will sign these documents 
and forward them to the State Director.
    (f) Exhibit A to RD Instruction 2015-C (available in any Rural 
Development office) will be prepared by the State Director and sent to 
the Director, Legislative and Public Affairs Staff (LAPAS), in the Rural 
Development National Office.
    (g) If the State Director approves the project, the following 
actions will be taken in the order listed:
    (1) The State Director, or a designee, will telephone the Finance 
Office requesting that grant funds for a particular project be 
obligated. Immediately after contacting the Finance Office, the 
requesting official shall furnish the requesting office's security 
identification code. Failure to furnish the security code will result in 
the rejection of the request of obligation. After the security code is 
furnished, the required information from Form FmHA or its successor 
agency under Public Law 103-354 440-1 shall be furnished to the Finance 
Office. Upon receipt of the telephone request for obligation of funds, 
the Finance Office shall record all information necessary to process the 
request for obligation in addition to the date and time of request.
    (2) The individual making the request shall record the date and time 
of the request.
    (3) The Finance Office will notify the Rural Development State 
Office by telephone when funds are reserved and the date the funds will 
be obligated. If funds cannot be reserved for a project, the Finance 
Office will notify the Rural Development State Office that funds are not 
available. The obligation date will be the date the request for 
obligation is processed.
    (4) The Finance Office will send Form RD 440-57, ``Acknowledgement 
of Obligated Funds/Check Request,'' to the Rural Development State 
Director, informing the State Director of the reservation of funds with 
the obligation date inserted as required by Item 9 on the Forms Manual 
Insert (FMI) for Form RD 440-57.
    (5) Form FmHA or its successor agency under Public Law 103-354 440-1 
will not be mailed to the Finance Office.
    (6) A copy of Form RD 1940-1 will be sent the Rural Development 
National Office.
    (7) The State Director shall notify the Director, LAPAS, in the 
Rural Development National Office with a recommendation that the project 
announcement be released.
    (8) An executed copy of Form FmHA or its successor agency under 
Public Law 103-354 440-1 shall be sent to the applicant along with an 
executed copy of the grant agreement and scope of work 6 working days 
from the date funds are obligated.
    (9) The actual date of applicant notification will be entered on the 
original of Form FmHA or its successor agency

[[Page 231]]

under Public Law 103-354 440-1 and the original of the form will be 
included as a permanent part of the file.
    (10) For planning grants, Standard Form 270, ``Request for Advance 
or Reimbursement,'' will be sent to the applicant for completion and 
return to Rural Development. For site acquisition and site development 
grants, Standard Form 271, ``Outlay Report and Request for Reimbursement 
for Construction Programs,'' will be sent to the applicant for 
completion and returned to Rural Development.
    (11) If it is determined that a project will not be funded or if 
major changes in the scope of the project are made after release of the 
approval announcement, the Rural Development State Director will notify 
the Director, LAPAS by telephone or electronic mail giving the reasons 
for such action. The Director, LAPAS, will inform all parties who were 
notified by the project announcement that the project will not be funded 
or of major changes in the project using a procedure similar to the 
announcement process. Form RD 1940-10, ``Cancellation of U.S. Treasury 
Check and/or Obligation,'' will not be submitted to the Finance Office 
until five working days after notifying the Director, LAPAS.

(7 U.S.C. 1989; 42 U.S.C. 1480; 5 U.S.C. 301; sec. 10 Pub. L. 93-357; 
delegation of authority by the Sec. of Agri., 7 CFR 2.23; delegation of 
authority by the Under Secretary for Small Community and Rural 
Development, 7 CFR 2.70)

[44 FR 35984, June 19, 1979, as amended at 47 FR 36416, Aug. 20, 1982; 
48 FR 30946, July 6, 1983; 79 FR 55967, Sept. 18, 2014]



Sec.  1948.93  Appeal procedure.

    Any grantee or applicant for Rural Development assistance under this 
subpart who has been directly and adversely affected by an 
administrative decision by Rural Development may appeal such decision in 
accordance with RD Instruction 1900-B.



Sec.  1948.94  Reporting requirements.

    (a) For planning grants, SF-270 shall be submitted by grantees on an 
as-needed basis but not more frequently that once every 30 days. SF-269, 
``Financial Status Report,'' and a project performance activity report 
will be required of all grantees on a quarterly basis. SF-269 and a 
final project performance report will also be required. These final 
reports may serve as the last quarterly reports. Grantees shall 
constantly monitor performance to ensure that time schedules are being 
met, projected work by time periods is being accomplished, and other 
performance objectives are being achieved. All grantees except States 
should submit an original of each report and one copy to the appropriate 
Rural Development District Office. When the grantee is a State, an 
original should be submitted to the appropriate Rural Development State 
Office. The project performance reports shall include, but need not be 
limited to the following:
    (1) A comparison of actual accomplishments to the objectives 
established for that period;
    (2) Reasons why established objectives were not met;
    (3) Problems, delays, or adverse conditions which will materially 
affect attainment of planned project objectives, prevent the meeting of 
time schedules or objectives, or preclude the attainment of project work 
elements during established time periods. This disclosure shall be 
accompanied by a statement of the action taken or contemplated and any 
Federal assistance needed to resolve the situation; and
    (4) Objectives established for the next reporting period.
    (b) For site development and land acquisition grants, grantees shall 
submit Form SF-271 for payment of site development costs. Multiple 
advances will be made in accordance with RD Instruction 1902-A 
(available in any Rural Development office) and will be made as needed 
to cover required disbursements for not less than 30 day periods. 
Advances will be requested for the next 30 day period by the grantee on 
Form SF-272, ``Report of Federal Cash Transactions.'' Each payment 
estimate must be approved by the grantee. A final Form SF-272 will be 
submitted to Rural Development to include the final advance not later 
than 90 days after the final advance.



Sec.  1948.95  Grant monitoring.

    Each grant will be monitored by Rural Development to ensure that the

[[Page 232]]

Grantee is complying with the terms of the grant and that the project 
activities are completed as approved. This will involve on-site visits 
to the project area and review of quarterly and final reports by Rural 
Development.



Sec.  1948.96  Audit requirements.

    (a) Audit requirements for Site Development and Acquisition Grants 
will be made in accordance with RD Instruction 1942-G.
    (b) Audits for planning grants made in accordance with State 
statutes or regulatory agencies will be acceptable provided they are 
prepared in sufficient detail to permit Rural Development to determine 
that grant funds have been used in compliance with the proposal, any 
applicable laws and regulations, and the grant agreement. A copy of the 
audit shall be submitted to the State Director as soon as possible but 
in no case later than 90 days following the period covered by the grant.



Sec.  1948.97  Grant closing and fund disbursement.

    Grant closing and fund disbursement will be accomplished in 
accordance with RD Instruction 1942-G.



Sec.  1948.98  Grant agreements.

    The following Grant Agreements are a part of this regulation.
    (a) Exhibit A of this subpart is a Grant Agreement for Growth 
Management and Housing Planning Grants for approved Designated Energy 
Impacted Areas.
    (b) Exhibit B of this subpart is a Grant Agreement for Site 
Development and/or Site Acquisition for Housing and/or Public Facilities 
and/or Services.



Sec. Sec.  1948.99-1948.100  [Reserved]



   Sec. Exhibit A to Subpart B of Part 1948--Grant Agreement--Growth 
Management and Housing Planning for Approved Designated Energy Impacted 
                                  Areas

    This Agreement is between

(Name),_________________________________________________________________
(Address),(Grantee) and the United States of America acting through the 
Farmers Home Administration (Grantor or FmHA) or its successor agency 
under Public Law 103-354. Grantee has determined to undertake certain 
growth management and housing planning for energy impacted areas at an 
estimated cost of $---------- and has duly authorized such planning. The 
Grantor agrees to grant to Grantee a sum not to exceed $---------- 
subject to the terms and conditions established by the Grantor; 
provided, however, that any grant funds actually advanced and not needed 
for grant purposes shall be returned immediately to the Grantor. The 
Grantor may terminate the grant in whole, or in part, at any time before 
the date of completion, whenever it is determined that the Grantee has 
failed to comply with the conditions of the grant. In consideration of 
said grant by Grantor to Grantee, to be made pursuant to Section 601 of 
the Powerplant and Industrial Fuel Use Act of 1978 (Pub. L. 95-620) for 
the purpose only of defraying the planning costs as permitted by 
applicable Farmers Home Administration or its successor agency under 
Public Law 103-354 regulations:

                                 Part A

Grantor and Grantee agree:

    1. This agreement shall be effective when executed by both parties.
    2. The scope of work set out below shall be completed prior to------
--------.
    3. (a) Use of grant funds for travel which is determined as being 
necessary to the program for which the grant is established may be 
subject to the travel policies of the Grantee institution if they are 
uniformly applied regardless of the source of funds in determining the 
amounts and types of reimbursable travel expenses of Grantee staff and 
consultants. Where the Grantee institution does not have such specific 
policies uniformly applied, the Federal Travel Regulations shall apply 
in determining the amount charged to the grant. Grantee may purchase 
furniture and office equipment only if specifically approved in the 
scope of work. Approval will be given only when Grantee demonstrates 
that purchase is necessary and would result in less cost to the 
Government in providing Federal-share funds or to the Grantee in 
providing its contributions. Commercial purchase under these 
circumstances will be approved only after consideration of Federal 
supply sources.
    (b) Expenses and Purchases Excluded:
    (i) In no event shall the Grantee expend or request reimbursement 
from Federal-share funds for obligations entered into or for costs 
incurred or accrued prior to the effective date of this grant.
    (ii) Funds budgeted under this grant may not be used for 
entertainment expenses.
    (iii) Funds budgeted under this grant may not be used to pay for 
capital assets, the purchase of real estate or vehicles, improvement

[[Page 233]]

and renovation of space, and repair and maintenance of privately-owned 
vehicles.
    (c) Grant funds shall not be used to replace any financial support 
previously provided or assured from any other source. The Grantee agrees 
that the general level of expenditure by the Grantee for the benefit of 
program area and/or program covered by this agreement shall be 
maintained and not reduced as a result of the Federal share funds 
received under this grant.
    4. (a) In accordance with Treasury Circular 1075, grant funds will 
be disbursed by the FmHA or its successor agency under Public Law 103-
354 as cash advances on an as-needed basis not to exceed one advance 
every 30 days. The financial management system of the recipient 
organization shall provide for effective control over and accountability 
for all Federal funds as stated in OMB Circular A-102 revised for State 
and local governments.
    (b) Cash advances to the Grantee shall be limited to the minimum 
amounts needed and shall be timed to be in accord only with the actual, 
immediate cash requirements of the Grantee in carrying out the purpose 
of the planning project.
    (c) The timing and amount of cash advances shall be as close as is 
administratively feasible to the actual disbursements by the recipient 
organization for direct program costs.
    (d) Federal funds should be promptly refunded to the FmHA or its 
successor agency under Public Law 103-354 and redrawn when needed if the 
funds are erroneously drawn in excess of immediate disbursement needs. 
The only exceptions to the requirement for prompt refunding are when the 
funds involved:
    (i) Will be disbursed by the recipient organization within seven 
calendar days, or
    (ii) Are less than $10,000 and will be disbursed within 30 calendar 
days.
    (e) Grantee shall provide satisfactory evidence to FmHA or its 
successor agency under Public Law 103-354 that all officers of Grantee 
organization authorized to receive and/or disburse Federal funds are 
covered by such bonding and/or insurance requirements as are normally 
required by the Grantee.
    (f) Grant funds will be placed in a bank account(s). If for any 
reason grant funds are invested, income earned on such investment shall 
be identified as interest income on grant funds and forwarded to the 
Finance Office, FmHA or its successor agency under Public Law 103-354, 
St. Louis, Missouri, unless the Grantee is a State. ``State'' includes 
instrumentalities of a State but not political subdivisions of a State. 
A State Grantee is not accountable for interest earned on grant funds.
    5. The Grantee will submit Performance and Financial reports as 
indicated below:
    (a) As needed, but not more frequently than once every 30 days, an 
original and 2 copies of Standard Form 270, ``Request for Advance or 
Reimbursement;''
    (b) Quarterly, an original and 2 copies of Standard Form 269, 
``Financial Status Report,'' and a Project Performance report according 
to the schedule below:

     Period Date due

    (c) Final, an original and 2 copies of Standard Form 269, 
``Financial Status Report,'' and a Project Performance report according 
to the schedule below:

     Period Date due

    Note: Final reports may serve as the last quarterly reports.

    (d) The Project Performance reports shall include but need not be 
limited to the following:
    (i) A comparison of actual accomplishment to the objectives 
established for that period;
    (ii) Reasons why established objectives were not met;
    (iii) Problems, delays, or adverse conditions which will materially 
affect attainment of planned project objectives, prevent the meeting of 
time schedules or objectives, or preclude the attainment of project work 
elements during established time periods. This disclosure shall be 
accompanied by a Statement of the action taken or comtemplated and any 
Federal assistance needed to resolve the situation; and
    (iv) Objectives established for the next reporting period.
    (e) All Grantees except States shall submit an original of each 
report and one copy to the appropriate FmHA or its successor agency 
under Public Law 103-354 District Office. A State Grantee shall submit 
original reports to the appropriate FmHA or its successor agency under 
Public Law 103-354 State Office.
    (f) The plan(s) developed under this grant shall be submitted to the 
appropriate Governor for incorporation into the State Investment 
Strategy for Energy Impacted Areas. The Governor will submit the plan 
and the State Investment Strategy to the appropriate FmHA or its 
successor agency under Public Law 103-354 State Office(s). The FmHA or 
its successor agency under Public Law 103-354 State Office will forward 
the plan and State Investment Strategy to the FmHA or its successor 
agency under Public Law 103-354 National Office for approval of the 
plan.
    6. The Budget covered by this agreement is:

[[Page 234]]



----------------------------------------------------------------------------------------------------------------
                                                                                 Non-Federal share
                        Budget categories                           Federal  ------------------------    Total
                                                                     funds       Cash       In-kind
----------------------------------------------------------------------------------------------------------------
Direct charges:
  1. Personnel..................................................           $
  2. Fringe benefits............................................
  3. Travel.....................................................
  4. Equipment..................................................
  5. Supplies...................................................
  6. Contractual................................................
  7. Others.....................................................
                                                                 -----------------------------------------------
    Total Direct Charges........................................
  8. Indirect charges...........................................
                                                                 -----------------------------------------------
    Total.......................................................  ..........  ..........  ..........  ..........
----------------------------------------------------------------------------------------------------------------

    (a) In accordance with FMC 74-4, Attachment B, compensation for 
employees will be considered reasonable to the extent that such 
compensation is consistent with that paid for similar work in other 
activities of the State or local government.
    (b) In accordance with OMB Circular A-102, Attachment K, transfers 
among direct cost budget categories of more than 5 percent of the total 
budget must have prior written approval by the State Director, Farmers 
Home Administration or its successor agency under Public Law 103-354.
    7. (a) The scope of work is described in the attached exhibit 1. The 
Grantee accepts responsibility for establishing a development process 
which will improve local conditions and alleviate problems associated 
with increased coal or uranium production in the Grantee areas. The 
Grantee shall:
    (i) Develop a growth management and housing plan for assistance to 
approved designated area(s) impacted by increased coal or uranium 
production.
    (ii) Contribute to development of a State Investment Strategy for 
Energy Impacted Areas.
    (iii) Endeavor to coordinate and provide liaison with State 
development organizations, where they exist.
    (iv) Provide continuing information to FmHA or its successor agency 
under Public Law 103-354 on the status of Grantee programs, projects, 
related activities, and problems.
    (b) The Grantee shall inform the Grantor as soon as the following 
types of conditions become known:
    (i) Problems, delays, or adverse conditions which materially affect 
the ability to attain program objectives, prevent the meeting of time 
schedules or goals, or preclude the attainment of project work units by 
established time periods. This disclosure shall be accompanied by a 
statement of the action taken or contemplated, and any Grantor 
assistance needed to resolve the situation.
    (ii) Favorable developments or events which enable meeting time 
schedules and goals sooner than anticipated or producing more work units 
than originally projected.

                                 Part B

Grantee agrees:

    1. To comply with property management standards established by 
Attachment N of OMB Circular A-102 for expendable and nonexpendable 
personal property Personal property means property of any kind except 
real property. It may be tangible--having physical existence--or 
intangible--having no physical existence, such as patents, inventions, 
and copyrights. Nonexpendable personal property means tangible personal 
property having a useful life of more than one year and an acquisition 
cost of $300 or more per unit. A Grantee may use its own definition of 
nonexpendable personal property provided that such definition would at 
least include all tangible personal property as defined above. 
``Expendable personal property'' refers to all tangible personal 
property other than nonexpendable property. When nonexpendable tangible 
property is acquired by a Grantee with project funds, title shall not be 
taken by the Federal Government but shall vest in the Grantee subject to 
the following conditions:
    (a) Right to transfer title. For items of nonexpendable personal 
property having a unit acquisition cost of $1,000 or more, FmHA or its 
successor agency under Public Law 103-354 may reserve the right to 
transfer the title to the Federal Government or to a third party named 
by the Federal Government when such third party is otherwise eligible 
under existing statutes. Such reservation shall be subject to the 
following standards:
    (1) The property shall be appropriately identified in the grant or 
otherwise made known to the Grantee in writing.
    (2) FmHA or its successor agency under Public Law 103-354 shall 
issue disposition instructions within 120 calendar days after the end of 
the Federal support of the project for which it was acquired. If FmHA or 
its successor agency under Public Law 103-354 fails

[[Page 235]]

to issue disposition instructions within the 120 calendar day period, 
the Grantee shall apply the standards of paragraph (4) below.
    (3) When FmHA or its successor agency under Public Law 103-354 
exercises its right to take title, the personal property shall be 
subject to the provisions for federally owned nonexpendable property 
discussed in paragraph (4), below.
    (4) When title is transferred either to the Federal Government or to 
a third party and the Grantee is instructed to ship the property 
elsewhere, the Grantee shall be reimbursed by the benefiting Federal 
agency with an amount which is computed by applying the percentage of 
the Grantee participation in the cost of the original grant project or 
program to the current fair market value of the property, plus any 
reasonable shipping or interim storage costs incurred.
    (b) Use of other nontangible expendable property for which the 
Grantee has title.
    (1) The Grantee shall use the property in the project or program for 
which it was acquired as long as needed, whether or not the project or 
program continues to be supported by Federal funds. When it is no longer 
needed for the original project or program, the Grantee shall use the 
property in connection with its other Federally sponsored activities, in 
the following order of priority:
    (a) Activities sponsored by FmHA or its successor agency under 
Public Law 103-354.
    (b) Activities sponsored by other Federal agencies.
    (2) Shared use. During the time that nonexpendable personal property 
is held for use on the project or program for which it was acquired, the 
Grantee shall make it available for use on other projects or programs if 
such other use will not interfere with the work on the project or 
program for which the property was originally acquired. First preference 
for such other use shall be given to other projects or programs 
sponsored by FmHA or its successor agency under Public Law 103-354; 
second preference shall be given to projects or programs sponsored by 
other Federal agencies. If the property is owned by the Federal 
Government, use on other activities not sponsored by the Federal 
Government shall be permissable if authorized by FmHA or its successor 
agency under Public Law 103-354. User charges should be considered if 
appropriate.
    (c) Disposition of other nonexpendable property. When the Grantee no 
longer needs the property as provided in 1(a)(4) above, the property may 
be used for other activities in accordance with the following standards:
    (1) Nonexpendable property with a unit acquisition cost of less than 
$1,000. The Grantee may use the property for other activities without 
reimbursement to the Federal Government or sell the property and retain 
the proceeds.
    (2) Nonexpendable personal property with a unit acquisition cost of 
$1,000 or more. The Grantee may retain the property for other use 
provided that compensation is made to FmHA or its successor agency under 
Public Law 103-354 or its successor. The amount of compensation shall be 
computed by applying the percentage of Federal participation in the cost 
of the original project or program to the current fair market value of 
the property. If the Grantee has no need for the property and the 
property has further use value, the Grantee shall request disposition 
instructions from the original Grantor agency.
    FmHA or its successor agency under Public Law 103-354 shall 
determine whether the property can be used to meet the agency's 
requirements. If no requirement exists within that agency, the 
availability of the property shall be reported, in accordance with the 
guidelines of the Federal Property Management Regulations (FPMR), to the 
General Services Administration by FmHA or its successor agency under 
Public Law 103-354 to determine whether a requirement for the property 
exists in other Federal agencies. FmHA or its successor agency under 
Public Law 103-354 shall issue instructions to the Grantee no later than 
120 days after the Grantee request and the following procedures shall 
govern:
    (a) If so instructed or if disposition instructions are not issued 
within 120 calendar days after the Grantee's request, the Grantee shall 
sell the property and reimburse FmHA or its successor agency under 
Public Law 103-354 an amount computed by applying to the sales proceeds 
the percentage of Federal participation in the cost of the original 
project or program. However, the Grantee shall be permitted to deduct 
and retain from the Federal share $100 or ten percent of the proceeds, 
whichever is greater, for the Grantee's selling and handling expenses.
    (b) If the Grantee is instructed to dispose of the property other 
than as described in (1)(a)(4) above, the Grantee shall be reimbursed by 
FmHA or its successor agency under Public Law 103-354 for such costs 
incurred in its disposition.
    (c) Property management standards for nonexpendable property. The 
Grantee's property management standards for nonexpendable personal 
property shall include the following procedural requirements:
    (1) Property records shall be maintained accurately and shall 
include:
    (a) A description of the property.
    (b) Manufacturer's serial number, model number, Federal stock 
number, national stock number, or other identification number.
    (c) Sources of the property including grant or other agreement 
number.
    (d) Whether title vests in the Grantee or the Federal Government.

[[Page 236]]

    (e) Acquisition date (or date received, if the property was 
furnished by the Federal Government) and cost.
    (f) Percentage (at the end of the budget year) of Federal 
participation in the cost of the project or program for which the 
property was acquired. (Not applicable to property furnished by the 
Federal Government.)
    (g) Location, use and condition of the property and the date the 
information was reported.
    (h) Unit acquisition cost.
    (i) Ultimate disposition data, including date of disposal and sales 
price or the method used to determine current fair market value where a 
Grantee compensates the Federal agency for its share.
    (2) Property owned by the Federal Government must be marked to 
indicate Federal ownership.
    (3) A physical inventory of property shall be taken and the results 
reconciled with the property records at least once every two years. Any 
differences between quantities determined by the physical inspection and 
those shown in the accounting records shall be investigated to determine 
the causes of the difference. The Grantee shall, in connection with the 
inventory, verify the existence, current utilization, and continued need 
for the property.
    (4) A control system shall be in effect to insure adequate 
safeguards to prevent loss, damage, or theft of the property. Any loss, 
damage, or theft of nonexpendable property shall be investigated and 
fully documented; if the property was owned by the Federal Government, 
the Grantee shall promptly notify FmHA or its successor agency under 
Public Law 103-354.
    (5) Adequate maintenance procedures shall be implemented to keep the 
property in good condition.
    (6) Where the Grantee is authorized or required to sell the 
property, proper sales procedures shall be established which would 
provide for competition to the extent practicable and result in the 
highest possible return.
    (7) Expendable personal property shall vest in the Grantee upon 
acquisition. If there is a residual inventory of such property exceeding 
$1,000 in total aggregate fair market value, upon termination or 
completion of the grant and if the property is not needed for any other 
Federally sponsored project or program, the Grantee shall retain the 
property for use on nonfederally sponsored activities, or sell it, but 
must in either case compensate the Federal Government for its share. The 
amount of compensation shall be computed in the same manner as 
nonexpendable personal property.
    2. To provide Financial Management Systems which will include:
    (a) Accurate, current, and complete disclosure of the financial 
results of each grant. Financial Reporting will be on an accrual basis.
    (b) Records which identify adequately the source and application of 
funds for grant-supported activities. Those records shall contain 
information pertaining to grant awards and authorizations, obligations, 
unobligated balances, assets, liabilities, outlays, and income.
    (c) Effective control over and accountability for all funds, 
property, and other assets. Grantee shall adequately safeguard all such 
assets and shall assure that they are used solely for authorized 
purposes.
    (d) Accounting records supported by source documentation.
    (e) Provide an audit report prepared in sufficient detail to allow 
Grantor to determine that funds have been used in compliance with the 
proposal any applicable laws and regulations and this agreement.
    3. To retain financial records, supporting documents, statistical 
records, and all other records pertinent to the grant for a period of at 
least three years after closing except that the records shall be 
retained beyond the three-year period if audit findings have not been 
resolved. Microfilm copies may be substituted in lieu of original 
records. The Grantor and the Comptroller General of the United States, 
or any of their duly authorized representatives, shall have access to 
any books, documents, papers, and records of the Grantee which are 
pertinent to the specific grant program for the purpose of making audit, 
examination, excerpts, and transcripts.
    4. To provide information as requested by the Grantor to determine 
the need for and complete any necessary Environmental Impact Statements.
    5. To provide information as requested by the Grantor concerning the 
Grantee's actions in soliciting citizen participation in the application 
process, including published notice of public meetings, actual public 
meetings held, and content of written comments received.
    6. To account for and to return to Grantor interest earned on grant 
funds pending their disbursement for program purposes unless the Grantee 
is a State. See part A 4(f) above.
    7. Not to encumber, transfer, or dispose of the property or any part 
thereof, furnished by the Grantor or acquired wholly or in part with 
Grantor funds without the written consent of the Grantor except as 
provided in part B 1.
    8. To provide Grantor such periodic reports as it may require of 
Grantee operations by designated representative of the Grantor.
    9. To execute Form FmHA or its successor agency under Public Law 
103-354 400-1, ``Equal Opportunity Agreement,'' and to execute any other 
agreements required by Grantor to implement the civil rights 
requirements.

[[Page 237]]

    10. To include in all contracts in excess of $100,000 a provision 
for compliance with all applicable standards, orders, or regulations 
issued pursuant to the Clean Air Act of 1970. Violations shall be 
reported to the Grantor and the Regional Office of the Environmental 
Protection Agency.
    11. That, upon any default under its representations or agreements 
set forth in this instrument, Grantee, at the option and demand of 
Grantor, will, to the extent legally permissible, repay to the Grantor 
forthwith the original principal amount of the grant stated herein 
above, with interest at the rate of five per centum per annum from the 
date of the default. The provisions of this Grant Agreement may be 
enforced by Grantor, at its option and without regard to prior waivers 
by it of previous defaults of Grantee, by judicial proceedings to 
require specific performance of the terms of this Grant Agreement or by 
such other proceedings in law or equity, in either Federal or State 
courts, as may be deemed necessary by Grantor to assure compliance with 
the provisions of this Grant Agreement and the laws and regulations 
under which this grant is made.
    12. That no member of Congress shall be admitted to any share or 
part of this grant or any benefit that may arise therefrom; but this 
provision shall not be construed to bar as a contractor under the grant 
a publicly held corporation whose ownership might include a member of 
Congress.
    13. That all non-confidential information resulting from its 
activities shall be made available to the general public on an equal 
basis.
    14. That the purpose and scope of work for which this grant is made 
shall not duplicate programs for which monies have been received, are 
committed, or are applied for from other sources, public and private.
    15. That the Grantee shall relinquish any and all copyrights and/or 
privileges to the materials developed under this grant, such material 
being the sole property of the Federal Government. In the event anything 
developed under this grant is published in whole or in part, the 
material shall contain notice and be identified by language to the 
following effect: ``The material is the result of tax-supported research 
and as such is not copyrightable. It may be freely reprinted with the 
customary crediting of the source.''
    16. That the Grantee shall abide by the policies promulgated in OMB 
Circular A-102, Attachment O, which provides standards for use by 
Grantees in establishing procedures for the procurement of supplies, 
equipment, and other services with Federal grant funds.
    17. To the following termination provisions:
    (a) Termination for cause: The Grantor agency may terminate any 
grant in whole, or in part, at any time before the date of completion, 
whenever it is determined that the Grantee has failed to comply with the 
conditions of the grant. The Grantor agency shall promptly notify the 
Grantee in writing of the determination and the reasons for the 
termination, together with the effective date.
    (b) Termination for convenience. The Grantor agency or Grantee may 
terminate grants in whole, or in part, when both parties agree that the 
continuation of the project would not produce beneficial results 
commensurate with the further expenditure of funds. The two parties 
shall agree upon the termination conditions, including the effective 
date and, in the case of partial terminations, the portion to be 
terminated. The Grantee shall not incur new obligations for the 
terminated portion after the effective date, and shall cancel as many 
outstanding obligations as possible. The Grantor agency shall allow full 
credit to the Grantee for the Federal share of the noncancelable 
obligations, properly incurred by the Grantee prior to termination.

                                 Part C

Grantor agrees:

    1. That it will assist Grantee, within available appropriations, 
with such technical assistance as Grantor deems appropriate in planning 
the project and coordinating the plan with local official comprehensive 
plans and with any State or area plans for the area in which the project 
is located.
    2. That at its sole discretion, Grantor may at any time give any 
consent, deferment, subordination, release, satisfaction, or termination 
of any or all of Grantee's grant obligations, with or without valuable 
consideration, upon such terms and conditions as Grantor may determine 
to be (a) advisable to further the purposes of the grant or to protect 
Grantor's financial interest therein, and (b) consistent with both the 
statutory purposes of the grant and the limitations of the statutory 
authority under which it is made.
    This agreement is subject to current Grantor regulations and any 
future regulations not inconsistent with the express terms hereof.
    Grantee on ----------------------, 19----, has caused this agreement 
to be executed by its duly authorized ---------------------- and 
attested and its corporate seal affixed by its duly authorized --------
--------------.
Attest:

Grantee:

By______________________________________________________________________
------------------------------------------------
(Title)
By______________________________________________________________________

------------------------------------------------
(Title)
Grantor:


[[Page 238]]


United States of America Farmers Home Administration or its successor 
agency under Public Law 103-354.

By______________________________________________________________________

------------------------------------------------
(Title)

(Approved by the Office of Management and Budget under control number 
0575-0040)

[44 FR 35984, June 19, 1979, as amended at 47 FR 745, Jan. 7, 1982]



   Sec. Exhibit B to Subpart B of Part 1948--Grant Agreement (Public 
Bodies) for Site Development and/or Site Acquisition for Housing and/or 
                    Public Facilities and/or Services

    This agreement dated --------------------, 19--, between ----------
-------------------------- a public body corporate organized and 
operating under ------------------------ (Authorizing State Statute)
    Herein called ``Grantee,'' and the United States of America acting 
through the Farmers Home Administration or its successor agency under 
Public Law 103-354, Department of Agriculture, herein called 
``Grantor,'' Witnesseth:
    Grantee has determined to undertake a project for site acquisition 
and/or site development as follows: ------------------------------ 
(herein called project) to serve the approved designated energy impacted 
area under its jurisdiction at an estimated cost of $----------, and has 
duly authorized the undertaking of such project;
    Grantee is able to finance not more than $---------- of the site 
acquisition and/or site development costs through revenues, charges, 
taxes or assessments, or funds otherwise available to Grantee. Said sum 
has been committed to and by Grantee for such project acquisition and/or 
site development costs.
    The Grantor agrees to grant to Grantee a sum not to exceed $--------
-- subject to the terms and conditions established by the Grantor. 
Provided, however, that the proportionate share of any grant funds 
actually advanced and not needed for grant purposes shall be returned 
immediately to the Grantor. The Grantor may terminate the grant in 
whole, or in part, at any time before the date of completion, whenever 
it is determined that the Grantee has failed to comply with the 
conditions of the grant.
    In consideration of said grant by Grantor to Grantee, to be made 
pursuant to Section 601 of the Powerplant and Industrial Fuel Use Act of 
1978 (Pub. L. 95-620) for the purpose only of defraying a part of the 
acquisition and/or site development costs, as defined by applicable 
Farmers Home Administration or its successor agency under Public Law 
103-354 regulations:

Grantee agrees that Grantee will:

    1. Cause said project to be completed within the total sums 
available to it, including said grant, in accordance with the project 
plans and specifications and any necessary modifications thereof 
prepared by Grantee and approved by Grantor.
    2. Permit periodic inspection of the project by a representative of 
Grantor.
    3. Make the housing or public facility or services available to all 
persons in Grantee's servce area without regard to race, color, national 
origin, religion, sex, marital status, age, physical or mental handicap.
    4. Use the real property including land and land improvements for 
authorized purposes of the grant as long as needed.
    a. The Grantee shall obtain approval of the Grantor before using the 
real property for other purposes when the Grantee determines that the 
property is no longer for the original purposes.
    b. When the real property is no longer needed as provided above, 
return all real property furnished or purchased wholly with Federal 
grant funds to the Grantor. In the case of property purchased in part 
with Federal grant funds, the Grantee may be permitted to take title to 
the Federal interest therein upon compensating the Federal Government 
for its fair share of the property. The Federal share of the property 
shall be the amount computed by applying the percentage of the Federal 
Participation in the total cost of the grant program for which the 
property was acquired to the current fair market value of the property.
    5. Not use grant funds to replace any financial support previously 
provided or assured from any other source. The Grantee agrees that the 
general level of expenditure by the Grantee for the benefit of program 
area and/or program covered by this agreement shall be maintained and 
not reduced as a result of the Federal share funds received under this 
grant.
    6. Not use grant funds to pay for construction costs of housing or 
public facilities.
    This Grant Agreement covers the following described real property 
(use continuation sheets as necessary).
    7. Abide by the following conditions pertaining to nonexpendable 
personal property which is furnished by the Grantor or acquired wholly 
or in part with Grant Funds.
    a. The Grantee shall retain such property as long as there is a need 
for the property to accomplish the purpose of the grant. When there is 
no longer a need for the property to accomplish the purpose of the 
grant, the Grantee shall use the property in connection with other 
Federal grants it has received in the following order of priority.

[[Page 239]]

    (1) Other grant of the Grantor needing the property.
    (2) Grants of other Federal agencies needing the property.
    b. When the Grantee no longer has need for the property in any of 
its Federal grant programs, the property may be used for its own 
official activities in accordance with the following standards:
    (1) Nonexpendable property with an acquisition cost of less than 
$500 and used four years or more. The Grantee may use the property for 
its own official activities without reimbursement to the Federal 
Government or sell the property and retain the proceeds.
    (2) All other nonexpendable property. The Grantee may retain the 
property for its own use provided that a fair compensation is made to 
the Grantor. The amount of compensation shall be computed by applying 
the percentage of the Grantor participation in the grant program to the 
current fair market value of the property as determined by the Grantor.
    c. If the Grantee has no need for the property, disposition shall be 
made as follows:
    (1) Nonexpendable property with an acquisition cost of $1,000 or 
less. Except for that property which meets the criteria of b(1) above, 
the Grantee shall sell the property and reimburse the Grantor an amount 
which is computed in accordance with (3) below.
    (2) Nonexpendable property with an acquisition cost of over $1,000. 
The Grantee shall request disposition instructions from Grantor.
    (3) If disposition instructions are not issued within 120 days after 
reporting, the Grantee shall sell the property and reimburse the Grantor 
an amount which is computed by applying the percentage of the Grantor 
participation in the grant program to the sales proceeds. Further, the 
Grantee shall be permitted to retain $100 or ten percent of the 
proceeds, whichever is greater, for the Grantee's selling and handling 
expenses.
    d. The Grantee's property management standards for nonexpendable 
personal property shall also include:
    (1) Property records which accurately provide for: a description of 
the property; manufacturer's serial number or other identification 
number; acquisition date and cost; sources of the property; and ultimate 
disposition data including sales price or the method used to determine 
current fair market value if the Grantee reimburses the Grantor for its 
share.
    (2) A physical inventory of property shall be taken and the result 
reconciled with the property records at least once every two years to 
verify the existence, current utilization, and continued need for the 
property.
    (3) A control system shall be in effect to insure adequate 
safeguards to prevent loss, damage, or theft to the property shall be 
investigated and fully documented.
    (4) Adequate maintenance procedures shall be implemented to keep the 
property in good condition.
    (5) Proper sales procedures shall be established for unneeded 
property which would provide for competition to the extent practicable 
and result in the highest possible return.

This Grant Agreement covers the following described nonexpendable 
property (use continuation sheets as necessary).

    8. Provide Financial Management Systems which will include:
    (a) Accurate, current, and complete disclosure of the financial 
results of each grant. Financial Reporting will be on an accrual basis.
    (b) Records which identify adequately the source and application of 
funds for grant-supporting activities. Those records shall contain 
information pertaining to grant awards and authorizations, obligations, 
unobligated balances, assets, liabilities, outlays, and income.
    (c) Effective control over and accountability for all funds, 
property and other assets. Grantees shall adequately safeguard all such 
assets and shall assure that they are used solely for authorized 
purposes.
    (d) Accounting records supported by source documentation.
    9. Retain financial records, supporting documents, statistical 
records, and all other records pertinent to the grant for a period of at 
least three years after grant closing except that the records shall be 
retained beyond the three-year period if audit findings have not been 
resolved. Microfilm copies may be substituted in lieu of original 
records. The Grantor and the Comptroller General of the United States, 
or any of their duly authorized representatives, shall have access to 
any books, documents, papers, and records of the Grantee governments 
which are pertinent to the specific grant program for the purpose of 
making audit, examination, excerpts and transcripts.
    10. Provide information as requested by the Grantor to determine the 
need for and complete any necessary Environmental Impact Statements.
    11. Provide an audit report prepared in sufficient detail to allow 
the Grantor to determine that funds have been used in compliance with 
the proposal, any applicable laws and regulations and this agreement.
    12. Agree to account for and to return to Grantor interest earned on 
grant funds pending their disbursement for program purposes when the 
Grantee is a unit of local government. States and agencies of 
instrumentalities of states shall not be held accountable for interest 
earned on grant funds pending their disbursement.

[[Page 240]]

    13. Not encumber, transfer, or dispose of the property or any part 
thereof, furnished by the Grantor or acquired wholly or in part with 
Grantor funds without the written consent of the Grantor except as 
provided in item 5 above.
    14. Provide Grantor with such periodic reports as it may require and 
permit periodic inspection of its operations by a designated 
representative of the Grantor.
    15. Execute Form FHA 400-1, ``Equal Opportunity Agreement,'' Form 
FHA 400-4, ``Nondiscrimination Agreement,'' and any other agreements 
required by Grantor to implement the civil rights requirements. If any 
such form has been executed by Grantee as a result of a loan being made 
to Grantee by Grantor contemporaneously with the making of this grant, 
another form of the same type need not be executed in connection with 
this grant.
    16. Include in all contracts for construction or repair a provision 
for compliance with the Copeland ``Anti-Kick Back'' Act (18 U.S.C. 874) 
as supplemented in Department of Labor regulations (29 CFR, part 3). The 
Grantee shall report all suspected or reported violations to the 
Grantor.
    17. In Contracts in excess of $2,000 and in other contracts in 
excess of $2,500 which involve the employment of mechanics or laborers, 
to include a provision for compliance with sections 103 and 107 of the 
Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as 
supplemented by Department of Labor regulations (29 CFR, part 5).
    18. Include in all contracts in excess of $2,500 a provision for 
compliance with applicable regulations and standards of the Cost of 
Living Council in establishing wages and prices. Grantee shall report 
any violations of such regulation and standards to the Grantor and the 
local Internal Revenue Service field office.
    19. Include in all contracts in excess of $100,000 a provision for 
compliance with all applicable standards, orders, or regulations issued 
pursuant to the Clear Air Act of 1970. Violations shall be reported to 
the Grantor and the Regional Office of the Environmental Protection 
Agency.
    20. Upon any default under its representations or agreements set 
forth in this instrument, Grantee, at the option and the demand of 
Grantor, will, to the extent legally permissible, repay to Grantor 
forthwith the original principal amount of the grant stated hereinabove, 
with interest at the rate of five per centum per annum from the date of 
the default. The provisions of this Grant Agreement may be enforced by 
Grantor at its option and without regard to prior waivers by it of 
previous defaults of Grantee, by judicial proceedings to require 
specific performance of the terms of this Grant Agreement or by such 
other proceedings in law or equity, in either Federal or State courts, 
as may be deemed necessary by Grantor to assure compliance with the 
provisions of this Grant Agreement and the laws and regulations under 
which this grant is made.
    21. That no member of Congress shall be admitted to any share or 
part of this grant or any benefit that may arise therefrom; but this 
provision shall not be construed to bar as a contractor under the grant 
a publicly held corporation whose ownership might include a member of 
Congress.
    22. That all non-confidential information resulting from its 
activities shall be made available to the general public on an equal 
basis.
    23. That the purpose and scope of work for which this grant is made 
shall not duplicate programs for which monies have been received are 
committed, or are applied for from other sources, public and private.
    24. That Grantee shall relinquish any and all copyrights and/or 
privileges to the materials developed under this grant, such material 
being the sole property of the Federal Government. In the event anything 
developed under this grant is published in whole or in part, the 
material shall contain notice and be identified by language to the 
following effect: ``The material is the result of tax-supported research 
and as such is not copyrightable. It may be freely reprinted with the 
customary crediting of the source.''
    25. That the Grantee shall abide by the policies promulgated in OMB 
Circular A-95, Attachment O, which provides standards for use by 
Grantees in establishing procedures for the procurement of supplies, 
equipment, and other services with Federal grant funds.
    26. To the following termination provisions:
    (a) Termination for cause: The Grantor agency may terminate any 
grant in whole, or in part, at any time before the date of completion, 
whenever it is determined that the Grantee has failed to comply with the 
conditions of the grant. The Grantor agency shall promptly notify the 
Grantee in writing of the determination and the reasons for the 
termination, together with the effective date.
    (b) Termination for convenience. The Grantor agency or Grantee may 
terminate grants in whole, or in part, when both parties agree that the 
continuation of the project would not produce beneficial results 
commensurate with the further expenditure of funds. The two parties 
shall agree upon the termination conditions, including the effective 
date and, in the case of partial terminations, the portion to be 
terminated. The Grantee shall not incur new obligations for the 
terminated portion after the effective date, and shall cancel as many 
outstanding obligations as possible. The Grantor agency shall allow full 
credit to the Grantee for the

[[Page 241]]

Federal share of the noncancelable obligations, properly incurred by the 
Grantee prior to termination.

Grantor agrees that it will:

    1. Assist Grantee, within available appropriations, with such 
technical assistance as Grantor deems appropriate in planning the 
project and coordinating the plan with local official comprehensive 
plans and with any State or area plans for the area in which the project 
is located.
    2. In its sole discretion, Grantor may at any time give any consent, 
deferment, subordination, release, satisfaction, or termination of any 
or all of Grantee's grant obligations, with or without valuable 
consideration, upon such terms and conditions as Grantor may determine 
to be (a) advisable to further the purposes of the grant or to protect 
Grantor's financial interest therein, and (b) consistent with both the 
statutory purposes of the grant and the limitations of the statutory 
authority under which it is made.

Grantee on the date first above written has caused this agreement to be 
executed by its duly authorized------------------------
and attested and its corporate seal affixed by its duly authorized------
------------------
Attest:
(Seal)
By______________________________________________________________________

(Title)

Grantee

________________________________________________________________________

By______________________________________________________________________
________________________________________________________________________
(Title)

Grantor
United States of America
Farmers Home Administration or its successor agency under Public Law 
103-354

By______________________________________________________________________
________________________________________________________________________
(Title)

(Approved by the Office of Management and Budget under control number 
0575-0040)

[44 FR 35984, June 19, 1979, as amended at 47 FR 745, Jan. 7, 1982]

Subpart C [Reserved]

                          PART 1949 [RESERVED]

[[Page 243]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 245]]



                    Table of CFR Titles and Chapters




                     (Revised as of January 1, 2017)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--500)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
         X  Department of the Treasury (Parts 1000--1099)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Housing and Urban Development (Parts 2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)
     XXVII  Small Business Administration (Parts 2700--2799)

[[Page 246]]

    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600--3699)
    XXVIII  Department of Justice (Parts 3800--3899)

[[Page 247]]

      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Parts 4300--
                4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)

[[Page 248]]

     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Partys 10000--10049)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)

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        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)

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         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
         X  Bureau of Consumer Financial Protection (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)

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        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research (Parts 1600--1699)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)

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       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)

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         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor