Notice of Solicitation of Applications (NOSA) for Loans to Re-Lenders Under the Community Facility Loan Program for Fiscal Year (FY) 2016, 43987-43991 [2016-16003]
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Tribal Relations; (2), Administrator,
Farm Service Agency; (3), Chief, Natural
Resources and Conservation Services;
and (4) Assistant Secretary, Office of the
Assistant Secretary for Civil Rights.
Members serve without
compensation, but may receive
reimbursement for travel expenses and
per diem in accordance with USDA
travel regulations for attendance at
Council functions. Council members
who represent the interests of Native
American farmers and ranchers may
also be paid an amount not less than
$100 per day for time spent away from
their employment or farming or
ranching operation, subject to the
availability of funds. Members may
include:
(1) Native American farmers or
ranchers who have participated in
USDA loan, grant, conservation, or
payment programs;
(2) Representatives of organizations
with a history of working with Native
American farmers or ranchers;
(3) Representatives of tribal
governments with demonstrated
experience working with Native
American farmers or ranchers; and
(4) Such other persons as the
Secretary considers appropriate.
No individual who is currently
registered as a Federal lobbyist is
eligible to serve as a member of the
Council.
The Secretary of Agriculture invites
those individuals, organizations, and
groups affiliated with the categories
listed above or who have knowledge of
issues related to the purpose of the
Council to nominate individuals for
membership on the Council. Individuals
and organizations who wish to
nominate experts for this or any other
USDA advisory council should submit a
letter to the Secretary listing these
individuals’ names and business
address, phone, and email contact
information. The Secretary of
Agriculture seeks a diverse group of
members representing a broad spectrum
of persons interested in providing
suggestions and ideas on how USDA
can tailor its farm programs to meet the
needs of Native American farmers and
ranchers. Individuals receiving
nominations will be contacted and
asked to return the AD–755 application
form and a resume within 10 business
days of notification. All candidates will
be vetted and considered for
appointment by the Secretary of
Agriculture. Equal opportunity practices
will be followed in all appointments to
the Council in accordance with USDA
policies. The Council will meet at least
once per fiscal year.
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Dated: June 30, 2016.
Gregory L. Parham,
Assistant Secretary for Administration.
[FR Doc. 2016–16099 Filed 7–1–16; 4:15 pm]
BILLING CODE 3410–01–P
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Solicitation of Applications
(NOSA) for Loans to Re-Lenders Under
the Community Facility Loan Program
for Fiscal Year (FY) 2016
Rural Housing Service, USDA.
Notice; applications for Re-
AGENCY:
ACTION:
lenders.
The Rural Housing Service
(RHS) has amended the Community
Facility Direct Loan regulations to
enable the Agency to make loans to
qualified Re-lenders who will loan those
funds to Applicants primarily for
projects in or serving persistent poverty
counties or high poverty areas that are
eligible under the Community Facility
Loan Program.
DATES: To apply for funds, the Agency
must receive a complete application by
5 p.m. Eastern Daylight Time on August
8, 2016.
ADDRESSES: Applications must be
submitted to: Kristen Grifka, 1400
Independence Ave. SW., Stop 0787,
Room 0175, Washington, DC 20250–
0787.
FOR FURTHER INFORMATION CONTACT:
Please contact Kristen Grifka at (202)
720–1504 or via email at kristen.grifka@
wdc.usda.gov for further information.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Overview
Solicitation Title: Community Facility
Direct Loan Program—Re-lending.
Announcement Type: Initial Notice.
Catalog of Federal Domestic
Assistance Number: 10.766.
Dates: For the list of dates please refer
to the DATES section above.
Availability of Notice: This Notice is
available through the USDA Rural
Development site at: https://
www.rd.usda.gov/newsroom/noticessolicitation-applications-nosas.
I. Funding Opportunity Description
A. Purpose
The purpose of this Notice is to seek
applications from Re-lenders who
would loan those funds to Applicants
primarily for projects in or serve
persistent poverty counties or high
poverty areas that are eligible under the
Community Facility (CF) Direct Loan
Program.
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B. Statutory Authority
This program is authorized in 5 U.S.C.
301; 7 U.S.C. 1989; 7 U.S.C. 1926(a)(1).
II. Award Information
Type of Awards: Direct Loans will be
made to eligible Re-lenders for the
purpose of lending these funds to
eligible CF applicants for eligible CF
purposes in accordance with 7 CFR part
1942.
Fiscal Year Funds: $500 Million of FY
2016 Direct CF Loan funds.
Available Funds: The Agency will
make available $500 Million of Direct
CF Loan funds to eligible Re-lenders for
the purpose of carrying out this notice.
Award Amounts: Direct loans will be
made in amounts based upon the
availability of $500 Million of CF Direct
Loan funds.
Award Dates: Awards will be made on
or before September 30, 2016.
III. Definitions
Aeris Financial Strength and
Performance Rating—Aeris is ratings
system that rates community
development financial institutions
(CDFI). The Aeris rating methodology is
designed for non-depository CDFIs that
have a majority of their assets invested
in loans (as opposed to real estate,
equity, or equity-like investments), and
have at least five years of financing
history. The Financial Strength and
Performance Rating is an assessment
conducted by AERIS of the CDFI’s
overall creditworthiness that is based on
an analysis of past financial
performance, current financial strength,
and apparent risk factors.
Applicant. Those eligible entities
described in 7 CFR 1942.17(b)(1)
making application to the Re-lender to
borrow funds for an eligible Community
Facilities project.
Borrower. An Applicant who has
received a loan from a Re-lender.
Full Recourse. Notwithstanding any
provisions of the loan documents issued
by the Re-lender for a Community
Facilities project to the contrary, the Relender shall be fully and severally liable
for the payment and performance of all
obligations under the debt instrument
issued to the Agency, regardless if the
Re-lender and applicant’s assets
financed by advancing relending funds
have been fully liquidated and are
inadequate to fully pay the loan amount,
accrued interest, and all other related
costs the Re-lender is liable for.
High Poverty Area. A census tract
with a poverty rate greater than or equal
to 20%. Areas that are considered to be
High Poverty may be found on the
following Web site: https://
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rdgisportal.sc.egov.usda.gov/home/
index.html entitled ‘‘High Poverty
Targeting.’’ A project is considered to be
located in a High Poverty Area when the
structure, equipment, or other hard
assets are physically built and/or placed
in a High Poverty Area. A project is
considered to be serving a High Poverty
Area if the physical structure,
equipment, or other hard assets serves
residents who live in a High Poverty
Area.
Irrevocable Letter of Credit. Firm
commitment by an issuing bank to pay
the Agency a specified sum in a
specified currency, provided the
conditions included in the Letter of
Credit document are met within a
specified timeframe. This Letter of
Credit cannot be canceled without the
Agency’s prior written approval.
Letter of Intent. Written
documentation, acceptable by the
Agency, from a financial institution
stating the financial institution will
issue an Irrevocable Letter of Credit or
similar instrument such as a cash
collateral account or prior to any funds
being disbursed by the Agency.
Persistent Poverty County(ies).
Counties where 20 percent or more of
county residents were poor as measured
by each of the 1980, 1990, and 2000
censuses, and 2007–11 American
Community Survey 5-year average.
Counties that are considered to be
Persistent Poverty may be found under
the map entitled ‘‘Persistent Poverty’’ on
the following Web site: https://
www.ers.usda.gov/data-products/
county-typology-codes/descriptionsand-maps.aspx#ppov. A project is
considered to be located in a Persistent
Poverty County when the structure,
equipment, or other hard assets are
physically built and/or placed in a
Persistent Poverty County. A project is
considered to be serving Persistent
Poverty County(ies) if the physical
structure, equipment, or other hard
assets serves residents who live in
Persistent Poverty County(ies).
Re-lender. Eligible lending
institutions under section IV of this
Notice who lend funds to eligible
Applicants for projects eligible under 7
CFR part 1942.
IV. Eligibility Information
A. Re-Lender Eligibility. Re-lenders
must meet each of the following
requirements:
(a) Meet the re-lender requirements as
outlined in 7 CFR 1942.30;
(b) Demonstrate the legal authority
necessary to make and service loans
involving community infrastructure and
development similar to the type of
projects listed in 7 CFR 1942.17(d);
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(c) Meet federal, state and local
requirements in accordance with 7 CFR
1942.17(k);
(d) Demonstrate that at least 30
percent of its existing portfolio is for
projects located in or serving Persistent
Poverty County(ies) or High Poverty
Areas; or that the Re-lender has at least
3 years of experience making loans for
projects located in or serving Persistent
Poverty County(ies) or High Poverty
Area(s);
(e) Agree to provide adequate
collateral, as determined by the Agency,
to support the loan request;
(f) Provides a Letter of Intent from a
financial institution that an Irrevocable
Letter of Credit or similar instrument
such as a cash collateral account or
performance guarantee acceptable to the
Agency will be issued by the financial
institution if the Re-lender is approved
for funding;
(g) Unless otherwise required in this
Notice, agree to provide an Irrevocable
Letter of Credit (or similar instrument
such as a cash collateral account or a
Performance Guarantee) acceptable to
the Agency in the minimum amount
equal to the principal and interest
installments due the Government during
the first 5 years of the loan prior to
receiving loan disbursements;
(h) Demonstrate one of the following:
(1) 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; AND
such Federal or State Banking
Regulatory Agency has certified that the
Re-lender has the financial capacity to
receive Agency funding. If the Agency
doesn’t receive the requisite
certification from the Federal or State
Banking Regulatory Agency, then the
Re-lender has not met this criteria. The
Agency reserves the right to reduce
funding amounts based on information
received from the Federal or State
Banking Regulatory Agency and based
on the agency’s determination of
available funding or other agency
funding priorities; or
(2) Re-lender has an Aeris Financial
Strength and Performance Rating of 1 or
2 within the past two years; the
achieved rating must indicate financial
strength, performance, and risk
management practices that consistently
provide for safe and sound operations.
Re-lender grants the Agency permission
to review all documents submitted to
Aeris. If Agency reviews such
documentation and finds
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documentation to be insufficient then
this criteria has not been met. The
Agency reserves the right to reduce
funding amounts based on review of
such documentation and based on the
agency’s determination of available
funding or other agency funding
priorities; or
(3) At the time of application, relender provides written documentation,
acceptable to the Agency, from a
financial institution that an Irrevocable
Letter of Credit or similar instrument
such as a cash collateral account or a
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:
(i) Obtains an Aeris Financial
Strength and Performance Rating of 1 or
2 prior to any funds being advanced. Relender grants the Agency permission to
review all documents submitted to
Aeris. If Agency reviews such
documentation and finds
documentation to be insufficient then
this criteria has not been met. The
Agency reserves the right to reduce
funding amounts based on review of
such documentation and based on the
agency’s determination of available
funding or other agency funding
priorities; or
(ii) Proves to be a financially sound
institution, as determined by the
Agency, based on the Agency’s risk
assessment of the institution’s adequate
capital, adequate liquidity, management
capabilities, repayment ability, credit
worthiness, balance sheet equity and
other financial factors as determined
appropriate. The Agency reserves the
right to reduce funding amounts based
on review of financial factors and based
on the agency’s determination of
available funding or other agency
funding priorities.
(i) Be a legal, non-governmental entity
at the time of application (with the
exception of Tribal governmental
entities);
(j) 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; and
(k) Agrees to loan a majority of
Agency funds to applicants whose
projects are located in or serve
Persistent Poverty County(ies) or High
Poverty Area(s).
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B. Applicant Eligibility. Applicants
applying for loans from the Re-lender
must meet the eligibility requirements
of 7 CFR 1942.17.
C. Project Eligibility.
(a) Facilities must be located in rural
areas in accordance with 7 CFR
1942.17(b)(2), and comply with all
project eligibility requirements as
outlined in 7 CFR part 1942.
(b) Essential community facilities
associated with Re-lending projects
must:
(1) Carry out a function customarily
provided by a local unit of government;
(2) Be a public improvement needed
for orderly development of a rural
community;
(3) Not include private affairs,
commercial or business undertaking
(except for limited authority for
industrial parks);
(4) Be operated on a nonprofit basis;
and
(5) Be considered the area of
jurisdiction or operation for public
bodies eligible to receive assistance or a
similar local rural service area of a notfor-profit corporation owning and
operating an essential community
facility. A community may be a small
city or town, county, or multi-county
area depending on the type of essential
community facility involved. The
applicant must have the legal authority
and responsibility to carry out the
project. The term ‘‘facility’’ refers to the
physical structure financed or the
resulting service provided to rural
residents under the CF program.
(c) 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, according to the latest
decennial Census of the United States in
accordance with 7 CFR
1942.17(b)(2)(iv).
(d) In accordance with 7 CFR
1942.17(d)(1)(i)(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 (e.g., Hospitals,
medical and dental clinics, skilled
nursing facilities, assisted living
facilities, telemedicine equipment);
(2) Public services (e.g., Town halls,
courthouses, airport hangers, fire hall,
police station, prison, police vehicles,
fire trucks, public works vehicles,
equipment);
(3) Community, social or cultural
services (e.g., Childcare centers,
community centers, transitional
housing, libraries, schools (including
public, private and charter), distance
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learning equipment, community
gardens, food pantries, community
kitchens, food banks, food hubs or
greenhouses); and
(4) Transportation facilities, such as
streets, roads and bridges.
(5) Loan Funds may NOT be used for
prohibited purposes listed at 7 CFR
1942.17(d)(2).
V. Application Submission, Evaluation,
and Selection Process
A. Application Submission. The forms
listed below can be found at: https://
forms.sc.egov.usda.gov/eForms/
welcomeAction.do?Home. To apply for
funds under this Notice, a Re-lender
must submit the following items, as
applicable:
(a) Its DUNS number. An organization
may obtain a DUNS number from Dun
and Bradstreet by calling (1–866–705–
5711).
(b) The Re-lender must provide
documentation that they are registered
in System for Award Management
(SAM.gov).
(c) SF–424, ‘‘Application for Federal
Assistance (For Non-Construction).
(d) SF424–A, ‘‘Budget Information—
Non-Construction Programs.’’
(e) SF–424–B ‘‘Assurances—Non
Construction.’’
(f) Form RD 442–7 ‘‘Operating
Budget’’ or similar form.
(g) AD–1047 ‘‘Certificate Regarding
Debarment.’’
(h) RD Form 400–4 ‘‘Assurance
Agreement.’’
(i) RD Instruction 1970–A, Exhibit A,
‘‘Multi-tier Action Environmental
Compliance Agreement.’’
(j) Certification regarding relationship
with any Agency employee.
(k) AD–3030 ‘‘Representations
regarding Felony convictions and tax
delinquency status’’ (Corporations
only).
(l) AD–3031 ‘‘Assurances regarding
Felony convictions and tax delinquency
status’’ (Corporations Only).
(m) Discussion and documentation of
each evaluation factor listed in Part
V(B).
(n) Certification of Non Lobbying
Activities.
(o) SF–LLL ‘‘Disclosure of Lobbying
Activities.’’
(p) Re-lenders applying under
paragraph (IV)(A)(e)(3)(b)(Agency risk
assessment) must also submit all of the
following:
(1) 3 years audited financial
statements;
(2) Interim financial statements as of
most recent quarter end;
(3) Auditor’s most recent management
letter and management’s response ;
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(4) Operating Budget versus Actual for
last completed fiscal year and most
recent quarter-end;
(5) Schedule of outstanding debt
(name of creditor, balance, origination
and maturity dates, note rate,
collateralization), and attach covenants;
(6) Schedule of five largest sources of
grant funding over each of the last 3
fiscal years (including grantor name,
amount granted, description of
allowable uses or any restrictions);
(7) Schedule of five largest investors
over each of the last 3 fiscal years
(including investor name, total
investment, form of investment,
description of allowable uses or any
restrictions);
(8) Schedule of any other funding
sources, including off-balance sheet
financing, for the last completed fiscal
year and most recent quarter-end;
(9) List and description of any
contingent liabilities;
(10) Schedule of loans receivable
(including borrower, loan type,
description of collateral, original and
maturity dates, note rate, current status
e.g. delinquency or nonaccrual);
(11) Schedule of loans restructured
and modified in each of the last 3 fiscal
years and most recent year to date (YTD)
(including borrower, pre and post-mod
loan terms, and current payment status);
(12) Schedule of loans charged off in
each of the last 3 fiscal years and most
recent YTD, with any recoveries
realized;
(13) Any external loan reviews
performed over the last 3 years;
(14) Bylaws;
(15) Credit policies and procedures
(loan underwriting, servicing, portfolio
management);
(16) Loan risk grading and assessment
system;
(17) Enterprise risk management
policies and procedures;
(18) Disaster recovery plan, if any;
(19) Accounting policies (including
loss reserve policies);
(20) Staff organizational chart,
including names and titles for senior
staff;
(21) Organizational chart showing
relationships to any parents,
subsidiaries, or affiliates;
(22) Management Team resumes;
(23) Succession plans for key
leadership and staff;
(24) Board roster, with affiliations;
(25) Board meeting minutes for past
year;
(26) Board meeting packets for last
year;
(27) Most recent strategic plan;
(28) Most recent annual report; and
(29) Description of programs,
financial and non-financial products
and services.
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(q) Documentation that the re-lender
meets all eligibility requirements listed
in this Notice.
(r) Documentation of any evaluation
factors listed below that the re-lender
wants the Agency to consider.
B. Evaluation. The Agency will score
and rank all eligible and complete Relender applications based upon the
following evaluation factors:
(a) Lending experience and strength of
the Re-lender: A Re-lender that has
demonstrated experience administering
community infrastructure or
development loan funds will be
awarded points as follows:
(1) More than 10 years of experience:
10 Points;
(2) 5 years of experience but less than
or equal to 10 years: 5 Points;
(b) Poverty and project service area.
Re-lenders who demonstrate that they
have a lending history in Persistent
Poverty County(ies) or Poverty Areas:
(1) More than 75% of the Re-Lender’s
loan portfolio is for projects located in
or serve Persistent Poverty County(ies)
or High Poverty Area(s): 30 points;
(2) More than 50% of the Re-Lender’s
loan portfolio is for projects located in
or serve Persistent Poverty County(ies)
or High Poverty Area(s): 20 points; and
(3) More than 30% of the Re-Lender’s
loan portfolio is for projects located in
or serve Persistent Poverty County (ies)
or High Poverty Area(s): 10 points.
(b) Administrator’s Discretionary
Points:
(c) Up to 10 Administrator points may
be awarded to applications that address
geographic distribution of funds,
emergency conditions caused by
economic problems, natural disasters
and other initiatives that support the
Agency’s strategic plan.
C. The Agency will select the highest
scoring applications based upon the
evaluation factors listed above.
D. If an application that is filed by the
application deadline is determined by
the Agency to be substantially complete,
the Agency will notify the submitter of
the elements that are needed to make
the application complete and will
provide the submitter five calendar days
to provide information that fully
addresses such elements. If the
application is not complete at the end
of this five day period, the application
will be rejected.
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VI. Award Administration Information
A. Award Notices
The Agency will notify Re-Lenders
about the status of their applications in
the same method as listed in 7 CFR part
1942, subpart A.
Prior to receiving a direct loan from
the Agency, eligible Re-Lenders who are
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chosen to receive funding for the
purpose of re-lending must:
(a) Enter into a Re-Lenders Agreement
provided by the Agency;
(b) Execute a promissory note;
(c) Provide adequate security
satisfactory to the Agency;
(d) Agree to provide the Agency with
an irrevocable letter of credit (or similar
instrument such as a cash collateral
account or a Performance Guarantee)
acceptable to the Agency in the
minimum amount equal to the principal
and interest installments due during the
first 5 years of the loan prior to
receiving any loan disbursements; and
(e) Meet any other loan conditions
imposed by the Agency.
B. Reporting Requirements
(a) The Re-lender must submit the
following information to the Agency,
after any loan disbursement is made,
(1) On a quarterly basis:
(i) Financial statements;
(ii) List of CF Borrowers, outstanding
principal and interest balances for each
Borrower;
(iii) Status of CF loan for each
Borrower;
(iv) Amount and due date of the next
installment due from the Borrower; and
(v) Servicing Actions conducted for
each delinquent CF loan.
(2) On an annual basis:
(i) Annual audited financial
statement;
(ii) Copy of most recent Financial
Strength and Performance Rating which
is not more than 3 years old;
(iii) Documentation of Fidelity Bond
coverage; and
(iv) Civil Rights data for each
Applicant.
C. Planning, bidding, contracting, and
construction. Re-lenders must certify to
the Agency that the Borrower has met
the requirements of 7 CFR 3575.42 and
3575.43 for all planning, bidding,
contracting and construction.
(a) The Re-lender will provide the
Agency with a written certification at
the end of construction that all funds
were utilized for authorized purposes.
The Re-lender will ensure that designs
and construction meet all applicable
Federal, State, and local laws.
(1) Architectural and engineering
practices. All project facilities must be
designed utilizing accepted
architectural and engineering practices
and must conform to applicable Federal,
State, and local codes and requirements.
The Re-lender must ensure that the
planned project will be completed
within the available funds and, once
completed, will be suitable for the
borrower’s needs.
(2) Construction monitoring. The Relender will monitor the progress of
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construction and undertake the reviews
and inspections necessary to ensure that
construction proceeds in accordance
with the approved plans, specifications,
and contract documents and that funds
are used for eligible project costs.
(3) Equal employment opportunities.
For all construction contracts in excess
of $10,000, the contractor must comply
with Executive Order 11246 entitled
‘‘Equal Employment Opportunity’’ as
amended and as supplemented by
applicable Department of Labor
regulations (41 CFR part 60–1). The
Borrower and Re-lender are responsible
for ensuring that the contractor
complies with these requirements. (RD
Forms 400–1 and 400–6 may be used to
meet this requirement.)
(4) Americans with Disabilities Act.
Projects which involve the construction
of, or addition to, facilities that
accommodate the public and
commercial facilities as defined by the
Americans with Disabilities Act (42
U.S.C. 12181 et seq.) must comply with
that Act. The Re-lender and borrower
are responsible for compliance.
(b) Other Federal, State, and local
requirements. Borrowers and Re-lenders
will be required to comply with any
Federal, State, or local laws or
regulatory commission rules which
affect the project including, but not
limited to, those regarding:
(1) Organization and authority to
design, construct, develop, operate, and
maintain the proposed facilities;
(2) Borrowing money, giving security,
and raising revenues for the repayment;
(3) Land use zoning;
(4) Health, safety, and sanitation
standards, including seismic safety
requirements of Executive Order 12699;
and
(5) Protection of the environment and
consumer affairs.
D. National Environmental Policy Act
(NEPA) environmental review
requirements. NEPA requirements are
outlined in 7 CFR 1942.2(b) and part
1970. The re-lender will need to comply
with and agree in writing to
requirements under the Re-lender
Environmental Compliance Agreement.
RD Instruction 1970 can be found at:
https://www.rd.usda.gov/publications/
regulations-guidelines/instructions.
E. Civil Rights. The Re-lender and
Borrowers must comply with Title VI of
the Civil Rights Act of 1964, Title IX of
the Education Amendments of 1972,
Americans with Disabilities Act (ADA),
Section 504 of the Rehabilitation Act of
1973, Age Discrimination Act of 1975,
Executive Order 12250, Executive Order
13166 Limited English Proficiency
(LEP), and 7 CFR part 1901, subpart E.
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Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices
ehiers on DSK5VPTVN1PROD with NOTICES
The re-lender is also subject to the Equal
Credit Opportunity Act.
(a) The re-lender agrees:
(1) To have each prospective
Applicant sign Form RD 400–4,
Assurance Agreement, which assures
USDA that the recipient is in
compliance with title VI of the Civil
Rights Act of 1964, 7 CFR part 15 and
other Agency regulations.
(2) That no person will be
discriminated against based on race,
color or national origin, in regard to any
program or activity for which the relender receives Federal financial
assistance.
(3) That nondiscrimination statements
are in advertisements and brochures.
(4) To collect and maintain data on
applicants by race, sex, and national
origin of the Applicants and Borrowers,
and ensure that the borrowers also
collect and maintain the same data on
the entities benefiting from those
projects.
(5) The projects supported with
Agency funds will not cause any
adverse human health or environmental
effects on minority and low-income
populations.
(6) The Agency will use the above
information to complete Civil rights
compliance reviews within the first year
after the initial loan closing and
thereafter at intervals of not more than
3 years until the CF direct loan funds
have all been re-lent.
(7) For other Federal, State and Local
Requirements, see 7 CFR 1942.17(k).
(8) Any loan funds not disbursed
within 5 years of the loan to the ReLender will be deobligated and become
unavailable for disbursement.
VII. Non-Discrimination Statement
In accordance with Federal civil
rights law and U.S. Department of
Agriculture (USDA) civil rights
regulations and policies, the USDA, its
Agencies, offices, employees, and
institutions participating in or
administering USDA programs are
prohibited from discriminating based on
race, color, national origin, religion, sex,
gender identity (including gender
expression), sexual orientation,
disability, age, marital status, familial/
parental status, income derived from a
public assistance program, political
beliefs, or reprisal or retaliation for prior
civil rights activity, in any program or
activity conducted or funded by USDA
(not all bases apply to all programs).
Remedies and complaint filing
deadlines vary by program or incident.
Persons with disabilities who require
alternative means of communication for
program information (e.g., Braille, large
print, audiotape, American Sign
VerDate Sep<11>2014
15:04 Jul 05, 2016
Jkt 238001
Language, etc.) should contact the
responsible Agency or USDA’s TARGET
Center at (202) 720–2600 (voice and
TTY) or contact USDA through the
Federal Relay Service at (800) 877–8339.
Additionally, program information may
be made available in languages other
than English.
To file a program discrimination
complaint, complete the USDA Program
Discrimination Complaint Form, AD–
3027, found online at https://
www.ascr.usda.gov/complaint_filing_
cust.html and at any USDA office or
write a letter addressed to USDA and
provide in the letter all of the
information requested in the form. To
request a copy of the complaint form,
call (866) 632–9992, submit your
completed form or letter to USDA by:
Mail: U.S. Department of Agriculture,
Office of the Assistant Secretary for
Civil Rights, 1400 Independence
Avenue SW., Washington, DC 20250–
9410;
Fax: (202) 690–7442; or
email: program.intake@usda.gov.
USDA is an equal opportunity
provider, employer, and lender.
Dated: June 27. 2016.
Lisa Mensah,
Under Secretary, Rural Development.
[FR Doc. 2016–16003 Filed 7–5–16; 8:45 am]
BILLING CODE 3410–XV–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–848]
Certain Stilbenic Optical Brightening
Agents From Taiwan: Final Results of
Antidumping Duty Administrative
Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 26, 2016, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on certain
stilbenic optical brightening agents
(OBAs) from Taiwan.1 The period of
review (POR) is May 1, 2014, through
April 30, 2015. The review covers one
producer/exporter of the subject
merchandise, Teh Fong Ming
International Co., Ltd. (TFM). For the
final results, we find that TFM has sold
AGENCY:
1 See Certain Stilbenic Optical Brightening Agents
From Taiwan: Preliminary Results of Antidumping
Duty Administrative Review; 2014–2015, 81 FR
9805 (February 26, 2016) (Preliminary Results) and
accompanying decision memorandum (Preliminary
Decision Memorandum).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
43991
subject merchandise at less than normal
value.
DATES: Effective Date: July 6, 2016.
FOR FURTHER INFORMATION CONTACT:
Catherine Cartsos or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–1757, and (202) 482–1690,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 26, 2016, the Department
published the Preliminary Results of
this review in the Federal Register. We
invited parties to comment on the
Preliminary Results. On March 28, 2016,
TFM submitted a case brief. On April 4,
2016, Archroma U.S., Inc., a domestic
producer of merchandise, submitted a
rebuttal brief. At the request of TFM,2
we held a hearing on May 11, 2016.3
The Department conducted this review
in accordance with section 751(a)(2) of
the Tariff Act of 1930, as amended (the
Act).
Scope of the Order
The merchandise subject to the
Order 4 is OBAs and is currently
classifiable under subheadings
3204.20.8000, 2933.69.6050,
2921.59.4000 and 2921.59.8090 of the
Harmonized Tariff Schedule of the
United States (HTSUS). While the
HTSUS numbers are provided for
convenience and customs purposes, the
written product description remains
dispositive.5
Analysis of the Comments Received
All issues raised in the case brief and
rebuttal brief submitted in this review
are addressed in the Issues and Decision
Memorandum, which is hereby adopted
with this notice. A list of the issues
raised is attached as an Appendix to this
notice. The Issues and Decision
Memorandum is a public document and
2 See
letter from TFM dated March 19, 2016.
hearing transcript, filed on the record May
17, 2016.
4 See Certain Stilbenic Optical Brightening Agents
From Taiwan: Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order, 77 FR 27419 (May 10, 2012) (Order).
5 A full description of the scope of the Order is
contained in the memorandum to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Certain Stilbenic
Optical Brightening Agents from Taiwan: Issues and
Decision Memorandum for Final Results of
Antidumping Duty Administrative Review; 2014–
2015’’ dated concurrently with and hereby adopted
by this notice (Issues and Decision Memorandum).
3 See
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]]>Agencies
[Federal Register Volume 81, Number 129 (Wednesday, July 6, 2016)]
[Notices]
[Pages 43987-43991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16003]
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DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Solicitation of Applications (NOSA) for Loans to Re-
Lenders Under the Community Facility Loan Program for Fiscal Year (FY)
2016
AGENCY: Rural Housing Service, USDA.
ACTION: Notice; applications for Re-lenders.
-----------------------------------------------------------------------
SUMMARY: The Rural Housing Service (RHS) has amended the Community
Facility Direct Loan regulations to enable the Agency to make loans to
qualified Re-lenders who will loan those funds to Applicants primarily
for projects in or serving persistent poverty counties or high poverty
areas that are eligible under the Community Facility Loan Program.
DATES: To apply for funds, the Agency must receive a complete
application by 5 p.m. Eastern Daylight Time on August 8, 2016.
ADDRESSES: Applications must be submitted to: Kristen Grifka, 1400
Independence Ave. SW., Stop 0787, Room 0175, Washington, DC 20250-0787.
FOR FURTHER INFORMATION CONTACT: Please contact Kristen Grifka at (202)
720-1504 or via email at kristen.grifka@wdc.usda.gov for further
information.
SUPPLEMENTARY INFORMATION:
Overview
Solicitation Title: Community Facility Direct Loan Program--Re-
lending.
Announcement Type: Initial Notice.
Catalog of Federal Domestic Assistance Number: 10.766.
Dates: For the list of dates please refer to the DATES section
above.
Availability of Notice: This Notice is available through the USDA
Rural Development site at: https://www.rd.usda.gov/newsroom/notices-solicitation-applications-nosas.
I. Funding Opportunity Description
A. Purpose
The purpose of this Notice is to seek applications from Re-lenders
who would loan those funds to Applicants primarily for projects in or
serve persistent poverty counties or high poverty areas that are
eligible under the Community Facility (CF) Direct Loan Program.
B. Statutory Authority
This program is authorized in 5 U.S.C. 301; 7 U.S.C. 1989; 7 U.S.C.
1926(a)(1).
II. Award Information
Type of Awards: Direct Loans will be made to eligible Re-lenders
for the purpose of lending these funds to eligible CF applicants for
eligible CF purposes in accordance with 7 CFR part 1942.
Fiscal Year Funds: $500 Million of FY 2016 Direct CF Loan funds.
Available Funds: The Agency will make available $500 Million of
Direct CF Loan funds to eligible Re-lenders for the purpose of carrying
out this notice.
Award Amounts: Direct loans will be made in amounts based upon the
availability of $500 Million of CF Direct Loan funds.
Award Dates: Awards will be made on or before September 30, 2016.
III. Definitions
Aeris Financial Strength and Performance Rating--Aeris is ratings
system that rates community development financial institutions (CDFI).
The Aeris rating methodology is designed for non-depository CDFIs that
have a majority of their assets invested in loans (as opposed to real
estate, equity, or equity-like investments), and have at least five
years of financing history. The Financial Strength and Performance
Rating is an assessment conducted by AERIS of the CDFI's overall
creditworthiness that is based on an analysis of past financial
performance, current financial strength, and apparent risk factors.
Applicant. Those eligible entities described in 7 CFR 1942.17(b)(1)
making application to the Re-lender to borrow funds for an eligible
Community Facilities project.
Borrower. An Applicant who has received a loan from a Re-lender.
Full Recourse. Notwithstanding any provisions of the loan documents
issued by the Re-lender for a Community Facilities project to the
contrary, the Re-lender shall be fully and severally liable for the
payment and performance of all obligations under the debt instrument
issued to the Agency, regardless if the Re-lender and applicant's
assets financed by advancing relending funds have been fully liquidated
and are inadequate to fully pay the loan amount, accrued interest, and
all other related costs the Re-lender is liable for.
High Poverty Area. A census tract with a poverty rate greater than
or equal to 20%. Areas that are considered to be High Poverty may be
found on the following Web site: https://
[[Page 43988]]
rdgisportal.sc.egov.usda.gov/home/ entitled ``High Poverty
Targeting.'' A project is considered to be located in a High Poverty
Area when the structure, equipment, or other hard assets are physically
built and/or placed in a High Poverty Area. A project is considered to
be serving a High Poverty Area if the physical structure, equipment, or
other hard assets serves residents who live in a High Poverty Area.
Irrevocable Letter of Credit. Firm commitment by an issuing bank to
pay the Agency a specified sum in a specified currency, provided the
conditions included in the Letter of Credit document are met within a
specified timeframe. This Letter of Credit cannot be canceled without
the Agency's prior written approval.
Letter of Intent. Written documentation, acceptable by the Agency,
from a financial institution stating the financial institution will
issue an Irrevocable Letter of Credit or similar instrument such as a
cash collateral account or prior to any funds being disbursed by the
Agency.
Persistent Poverty County(ies). Counties where 20 percent or more
of county residents were poor as measured by each of the 1980, 1990,
and 2000 censuses, and 2007-11 American Community Survey 5-year
average. Counties that are considered to be Persistent Poverty may be
found under the map entitled ``Persistent Poverty'' on the following
Web site: https://www.ers.usda.gov/data-products/county-typology-codes/descriptions-and-maps.aspx#ppov. A project is considered to be located
in a Persistent Poverty County when the structure, equipment, or other
hard assets are physically built and/or placed in a Persistent Poverty
County. A project is considered to be serving Persistent Poverty
County(ies) if the physical structure, equipment, or other hard assets
serves residents who live in Persistent Poverty County(ies).
Re-lender. Eligible lending institutions under section IV of this
Notice who lend funds to eligible Applicants for projects eligible
under 7 CFR part 1942.
IV. Eligibility Information
A. Re-Lender Eligibility. Re-lenders must meet each of the
following requirements:
(a) Meet the re-lender requirements as outlined in 7 CFR 1942.30;
(b) Demonstrate the legal authority necessary to make and service
loans involving community infrastructure and development similar to the
type of projects listed in 7 CFR 1942.17(d);
(c) Meet federal, state and local requirements in accordance with 7
CFR 1942.17(k);
(d) Demonstrate that at least 30 percent of its existing portfolio
is for projects located in or serving Persistent Poverty County(ies) or
High Poverty Areas; or that the Re-lender has at least 3 years of
experience making loans for projects located in or serving Persistent
Poverty County(ies) or High Poverty Area(s);
(e) Agree to provide adequate collateral, as determined by the
Agency, to support the loan request;
(f) Provides a Letter of Intent from a financial institution that
an Irrevocable Letter of Credit or similar instrument such as a cash
collateral account or performance guarantee acceptable to the Agency
will be issued by the financial institution if the Re-lender is
approved for funding;
(g) Unless otherwise required in this Notice, agree to provide an
Irrevocable Letter of Credit (or similar instrument such as a cash
collateral account or a Performance Guarantee) acceptable to the Agency
in the minimum amount equal to the principal and interest installments
due the Government during the first 5 years of the loan prior to
receiving loan disbursements;
(h) Demonstrate one of the following:
(1) 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; AND such Federal or State
Banking Regulatory Agency has certified that the Re-lender has the
financial capacity to receive Agency funding. If the Agency doesn't
receive the requisite certification from the Federal or State Banking
Regulatory Agency, then the Re-lender has not met this criteria. The
Agency reserves the right to reduce funding amounts based on
information received from the Federal or State Banking Regulatory
Agency and based on the agency's determination of available funding or
other agency funding priorities; or
(2) Re-lender has an Aeris Financial Strength and Performance
Rating of 1 or 2 within the past two years; the achieved rating must
indicate financial strength, performance, and risk management practices
that consistently provide for safe and sound operations. Re-lender
grants the Agency permission to review all documents submitted to
Aeris. If Agency reviews such documentation and finds documentation to
be insufficient then this criteria has not been met. The Agency
reserves the right to reduce funding amounts based on review of such
documentation and based on the agency's determination of available
funding or other agency funding priorities; or
(3) 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 similar instrument such as a
cash collateral account or a 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:
(i) Obtains an Aeris Financial Strength and Performance Rating of 1
or 2 prior to any funds being advanced. Re-lender grants the Agency
permission to review all documents submitted to Aeris. If Agency
reviews such documentation and finds documentation to be insufficient
then this criteria has not been met. The Agency reserves the right to
reduce funding amounts based on review of such documentation and based
on the agency's determination of available funding or other agency
funding priorities; or
(ii) Proves to be a financially sound institution, as determined by
the Agency, based on the Agency's risk assessment of the institution's
adequate capital, adequate liquidity, management capabilities,
repayment ability, credit worthiness, balance sheet equity and other
financial factors as determined appropriate. The Agency reserves the
right to reduce funding amounts based on review of financial factors
and based on the agency's determination of available funding or other
agency funding priorities.
(i) Be a legal, non-governmental entity at the time of application
(with the exception of Tribal governmental entities);
(j) 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; and
(k) Agrees to loan a majority of Agency funds to applicants whose
projects are located in or serve Persistent Poverty County(ies) or High
Poverty Area(s).
[[Page 43989]]
B. Applicant Eligibility. Applicants applying for loans from the
Re-lender must meet the eligibility requirements of 7 CFR 1942.17.
C. Project Eligibility.
(a) Facilities must be located in rural areas in accordance with 7
CFR 1942.17(b)(2), and comply with all project eligibility requirements
as outlined in 7 CFR part 1942.
(b) Essential community facilities associated with Re-lending
projects must:
(1) Carry out a function customarily provided by a local unit of
government;
(2) Be a public improvement needed for orderly development of a
rural community;
(3) Not include private affairs, commercial or business undertaking
(except for limited authority for industrial parks);
(4) Be operated on a nonprofit basis; and
(5) Be considered the area of jurisdiction or operation for public
bodies eligible to receive assistance or a similar local rural service
area of a not-for-profit corporation owning and operating an essential
community facility. A community may be a small city or town, county, or
multi-county area depending on the type of essential community facility
involved. The applicant must have the legal authority and
responsibility to carry out the project. The term ``facility'' refers
to the physical structure financed or the resulting service provided to
rural residents under the CF program.
(c) 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, according to the latest
decennial Census of the United States in accordance with 7 CFR
1942.17(b)(2)(iv).
(d) In accordance with 7 CFR 1942.17(d)(1)(i)(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 (e.g., Hospitals, medical and dental clinics,
skilled nursing facilities, assisted living facilities, telemedicine
equipment);
(2) Public services (e.g., Town halls, courthouses, airport
hangers, fire hall, police station, prison, police vehicles, fire
trucks, public works vehicles, equipment);
(3) Community, social or cultural services (e.g., Childcare
centers, community centers, transitional housing, libraries, schools
(including public, private and charter), distance learning equipment,
community gardens, food pantries, community kitchens, food banks, food
hubs or greenhouses); and
(4) Transportation facilities, such as streets, roads and bridges.
(5) Loan Funds may NOT be used for prohibited purposes listed at 7
CFR 1942.17(d)(2).
V. Application Submission, Evaluation, and Selection Process
A. Application Submission. The forms listed below can be found at:
https://forms.sc.egov.usda.gov/eForms/welcomeAction.do?Home. To apply
for funds under this Notice, a Re-lender must submit the following
items, as applicable:
(a) Its DUNS number. An organization may obtain a DUNS number from
Dun and Bradstreet by calling (1-866-705-5711).
(b) The Re-lender must provide documentation that they are
registered in System for Award Management (SAM.gov).
(c) SF-424, ``Application for Federal Assistance (For Non-
Construction).
(d) SF424-A, ``Budget Information--Non-Construction Programs.''
(e) SF-424-B ``Assurances--Non Construction.''
(f) Form RD 442-7 ``Operating Budget'' or similar form.
(g) AD-1047 ``Certificate Regarding Debarment.''
(h) RD Form 400-4 ``Assurance Agreement.''
(i) RD Instruction 1970-A, Exhibit A, ``Multi-tier Action
Environmental Compliance Agreement.''
(j) Certification regarding relationship with any Agency employee.
(k) AD-3030 ``Representations regarding Felony convictions and tax
delinquency status'' (Corporations only).
(l) AD-3031 ``Assurances regarding Felony convictions and tax
delinquency status'' (Corporations Only).
(m) Discussion and documentation of each evaluation factor listed
in Part V(B).
(n) Certification of Non Lobbying Activities.
(o) SF-LLL ``Disclosure of Lobbying Activities.''
(p) Re-lenders applying under paragraph (IV)(A)(e)(3)(b)(Agency
risk assessment) must also submit all of the following:
(1) 3 years audited financial statements;
(2) Interim financial statements as of most recent quarter end;
(3) Auditor's most recent management letter and management's
response ;
(4) Operating Budget versus Actual for last completed fiscal year
and most recent quarter-end;
(5) Schedule of outstanding debt (name of creditor, balance,
origination and maturity dates, note rate, collateralization), and
attach covenants;
(6) Schedule of five largest sources of grant funding over each of
the last 3 fiscal years (including grantor name, amount granted,
description of allowable uses or any restrictions);
(7) Schedule of five largest investors over each of the last 3
fiscal years (including investor name, total investment, form of
investment, description of allowable uses or any restrictions);
(8) Schedule of any other funding sources, including off-balance
sheet financing, for the last completed fiscal year and most recent
quarter-end;
(9) List and description of any contingent liabilities;
(10) Schedule of loans receivable (including borrower, loan type,
description of collateral, original and maturity dates, note rate,
current status e.g. delinquency or nonaccrual);
(11) Schedule of loans restructured and modified in each of the
last 3 fiscal years and most recent year to date (YTD) (including
borrower, pre and post-mod loan terms, and current payment status);
(12) Schedule of loans charged off in each of the last 3 fiscal
years and most recent YTD, with any recoveries realized;
(13) Any external loan reviews performed over the last 3 years;
(14) Bylaws;
(15) Credit policies and procedures (loan underwriting, servicing,
portfolio management);
(16) Loan risk grading and assessment system;
(17) Enterprise risk management policies and procedures;
(18) Disaster recovery plan, if any;
(19) Accounting policies (including loss reserve policies);
(20) Staff organizational chart, including names and titles for
senior staff;
(21) Organizational chart showing relationships to any parents,
subsidiaries, or affiliates;
(22) Management Team resumes;
(23) Succession plans for key leadership and staff;
(24) Board roster, with affiliations;
(25) Board meeting minutes for past year;
(26) Board meeting packets for last year;
(27) Most recent strategic plan;
(28) Most recent annual report; and
(29) Description of programs, financial and non-financial products
and services.
[[Page 43990]]
(q) Documentation that the re-lender meets all eligibility
requirements listed in this Notice.
(r) Documentation of any evaluation factors listed below that the
re-lender wants the Agency to consider.
B. Evaluation. The Agency will score and rank all eligible and
complete Re-lender applications based upon the following evaluation
factors:
(a) Lending experience and strength of the Re-lender: A Re-lender
that has demonstrated experience administering community infrastructure
or development loan funds will be awarded points as follows:
(1) More than 10 years of experience: 10 Points;
(2) 5 years of experience but less than or equal to 10 years: 5
Points;
(b) Poverty and project service area. Re-lenders who demonstrate
that they have a lending history in Persistent Poverty County(ies) or
Poverty Areas:
(1) More than 75% of the Re-Lender's loan portfolio is for projects
located in or serve Persistent Poverty County(ies) or High Poverty
Area(s): 30 points;
(2) More than 50% of the Re-Lender's loan portfolio is for projects
located in or serve Persistent Poverty County(ies) or High Poverty
Area(s): 20 points; and
(3) More than 30% of the Re-Lender's loan portfolio is for projects
located in or serve Persistent Poverty County (ies) or High Poverty
Area(s): 10 points.
(b) Administrator's Discretionary Points:
(c) Up to 10 Administrator points may be awarded to applications
that address geographic distribution of funds, emergency conditions
caused by economic problems, natural disasters and other initiatives
that support the Agency's strategic plan.
C. The Agency will select the highest scoring applications based
upon the evaluation factors listed above.
D. If an application that is filed by the application deadline is
determined by the Agency to be substantially complete, the Agency will
notify the submitter of the elements that are needed to make the
application complete and will provide the submitter five calendar days
to provide information that fully addresses such elements. If the
application is not complete at the end of this five day period, the
application will be rejected.
VI. Award Administration Information
A. Award Notices
The Agency will notify Re-Lenders about the status of their
applications in the same method as listed in 7 CFR part 1942, subpart
A.
Prior to receiving a direct loan from the Agency, eligible Re-
Lenders who are chosen to receive funding for the purpose of re-lending
must:
(a) Enter into a Re-Lenders Agreement provided by the Agency;
(b) Execute a promissory note;
(c) Provide adequate security satisfactory to the Agency;
(d) Agree to provide the Agency with an irrevocable letter of
credit (or similar instrument such as a cash collateral account or a
Performance Guarantee) acceptable to the Agency in the minimum amount
equal to the principal and interest installments due during the first 5
years of the loan prior to receiving any loan disbursements; and
(e) Meet any other loan conditions imposed by the Agency.
B. Reporting Requirements
(a) The Re-lender must submit the following information to the
Agency, after any loan disbursement is made,
(1) On a quarterly basis:
(i) Financial statements;
(ii) List of CF Borrowers, outstanding principal and interest
balances for each Borrower;
(iii) Status of CF loan for each Borrower;
(iv) Amount and due date of the next installment due from the
Borrower; and
(v) Servicing Actions conducted for each delinquent CF loan.
(2) On an annual basis:
(i) Annual audited financial statement;
(ii) Copy of most recent Financial Strength and Performance Rating
which is not more than 3 years old;
(iii) Documentation of Fidelity Bond coverage; and
(iv) Civil Rights data for each Applicant.
C. Planning, bidding, contracting, and construction. Re-lenders
must certify to the Agency that the Borrower has met the requirements
of 7 CFR 3575.42 and 3575.43 for all planning, bidding, contracting and
construction.
(a) The Re-lender will provide the Agency with a written
certification at the end of construction that all funds were utilized
for authorized purposes. The Re-lender will ensure that designs and
construction meet all applicable Federal, State, and local laws.
(1) Architectural and engineering practices. All project facilities
must be designed utilizing accepted architectural and engineering
practices and must conform to applicable Federal, State, and local
codes and requirements. The Re-lender must ensure that the planned
project will be completed within the available funds and, once
completed, will be suitable for the borrower's needs.
(2) Construction monitoring. The Re-lender will monitor the
progress of construction and undertake the reviews and inspections
necessary to ensure that construction proceeds in accordance with the
approved plans, specifications, and contract documents and that funds
are used for eligible project costs.
(3) Equal employment opportunities. For all construction contracts
in excess of $10,000, the contractor must comply with Executive Order
11246 entitled ``Equal Employment Opportunity'' as amended and as
supplemented by applicable Department of Labor regulations (41 CFR part
60-1). The Borrower and Re-lender are responsible for ensuring that the
contractor complies with these requirements. (RD Forms 400-1 and 400-6
may be used to meet this requirement.)
(4) Americans with Disabilities Act. Projects which involve the
construction of, or addition to, facilities that accommodate the public
and commercial facilities as defined by the Americans with Disabilities
Act (42 U.S.C. 12181 et seq.) must comply with that Act. The Re-lender
and borrower are responsible for compliance.
(b) Other Federal, State, and local requirements. Borrowers and Re-
lenders will be required to comply with any Federal, State, or local
laws or regulatory commission rules which affect the project including,
but not limited to, those regarding:
(1) Organization and authority to design, construct, develop,
operate, and maintain the proposed facilities;
(2) Borrowing money, giving security, and raising revenues for the
repayment;
(3) Land use zoning;
(4) Health, safety, and sanitation standards, including seismic
safety requirements of Executive Order 12699; and
(5) Protection of the environment and consumer affairs.
D. National Environmental Policy Act (NEPA) environmental review
requirements. NEPA requirements are outlined in 7 CFR 1942.2(b) and
part 1970. The re-lender will need to comply with and agree in writing
to requirements under the Re-lender Environmental Compliance Agreement.
RD Instruction 1970 can be found at: https://www.rd.usda.gov/publications/regulations-guidelines/instructions.
E. Civil Rights. The Re-lender and Borrowers must comply with Title
VI of the Civil Rights Act of 1964, Title IX of the Education
Amendments of 1972, Americans with Disabilities Act (ADA), Section 504
of the Rehabilitation Act of 1973, Age Discrimination Act of 1975,
Executive Order 12250, Executive Order 13166 Limited English
Proficiency (LEP), and 7 CFR part 1901, subpart E.
[[Page 43991]]
The re-lender is also subject to the Equal Credit Opportunity Act.
(a) The re-lender agrees:
(1) To have each prospective Applicant sign Form RD 400-4,
Assurance Agreement, which assures USDA that the recipient is in
compliance with title VI of the Civil Rights Act of 1964, 7 CFR part 15
and other Agency regulations.
(2) That no person will be discriminated against based on race,
color or national origin, in regard to any program or activity for
which the re-lender receives Federal financial assistance.
(3) That nondiscrimination statements are in advertisements and
brochures.
(4) To collect and maintain data on applicants by race, sex, and
national origin of the Applicants and Borrowers, and ensure that the
borrowers also collect and maintain the same data on the entities
benefiting from those projects.
(5) The projects supported with Agency funds will not cause any
adverse human health or environmental effects on minority and low-
income populations.
(6) The Agency will use the above information to complete Civil
rights compliance reviews within the first year after the initial loan
closing and thereafter at intervals of not more than 3 years until the
CF direct loan funds have all been re-lent.
(7) For other Federal, State and Local Requirements, see 7 CFR
1942.17(k).
(8) Any loan funds not disbursed within 5 years of the loan to the
Re-Lender will be deobligated and become unavailable for disbursement.
VII. Non-Discrimination Statement
In accordance with Federal civil rights law and U.S. Department of
Agriculture (USDA) civil rights regulations and policies, the USDA, its
Agencies, offices, employees, and institutions participating in or
administering USDA programs are prohibited from discriminating based on
race, color, national origin, religion, sex, gender identity (including
gender expression), sexual orientation, disability, age, marital
status, familial/parental status, income derived from a public
assistance program, political beliefs, or reprisal or retaliation for
prior civil rights activity, in any program or activity conducted or
funded by USDA (not all bases apply to all programs). Remedies and
complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of
communication for program information (e.g., Braille, large print,
audiotape, American Sign Language, etc.) should contact the responsible
Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or
contact USDA through the Federal Relay Service at (800) 877-8339.
Additionally, program information may be made available in languages
other than English.
To file a program discrimination complaint, complete the USDA
Program Discrimination Complaint Form, AD-3027, found online at https://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or
write a letter addressed to USDA and provide in the letter all of the
information requested in the form. To request a copy of the complaint
form, call (866) 632-9992, submit your completed form or letter to USDA
by:
Mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW., Washington,
DC 20250-9410;
Fax: (202) 690-7442; or
email: program.intake@usda.gov.
USDA is an equal opportunity provider, employer, and lender.
Dated: June 27. 2016.
Lisa Mensah,
Under Secretary, Rural Development.
[FR Doc. 2016-16003 Filed 7-5-16; 8:45 am]
BILLING CODE 3410-XV-P
