Implementation of Water and Environmental Provisions of the Agricultural Improvement Act of 2018, 23208-23212 [2020-08034]
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Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Rules and Regulations
components use to comply with NEPA
and the Council on Environmental
Quality (CEQ) regulations for
implementing NEPA, 40 CFR parts 1500
through 1508.
The CEQ regulations allow federal
agencies to establish, with CEQ review
and concurrence, categories of actions
(‘‘categorical exclusions’’) which
experience has shown do not
individually or cumulatively have a
significant effect on the human
environment and, therefore, do not
require an Environmental Assessment
(EA) or Environmental Impact
Statement (EIS). 40 CFR 1507.3(b)(2)(ii),
1508.4. For an action to be categorically
excluded, it must satisfy each of the
following three conditions: (1) The
entire action clearly fits within one or
more of the categorical exclusions; (2)
the action is not a piece of a larger
action; and (3) no extraordinary
circumstances exist that create the
potential for a significant environmental
effect. Instruction Manual section
V.B(2)(a)–(c).
The delay effectuated by this rule fits
within categorical exclusion A3(a)
‘‘Promulgation of rules . . . of a strictly
administrative or procedural nature.’’
Instruction Manual, Appendix A, Table
1. Furthermore, the rule is not part of a
larger action and presents no
extraordinary circumstances creating
the potential for significant
environmental impacts. Therefore, the
rule is categorically excluded from
further NEPA review.
I. Signature
2. In § 37.5, revise paragraphs (b) and
(c) to read as follows:
This final rule has been determined to
be not significant for the purposes of
Executive Order 12866, Regulatory
Planning and Review, and therefore has
not been reviewed by the Office of
Management and Budget (OMB).
■
§ 37.5 Validity periods and deadlines for
REAL ID driver’s licenses and identification
cards.
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(b) On or after October 1, 2021,
Federal agencies shall not accept a
driver’s license or identification card for
official purposes from any individual
unless such license or card is a REAL
ID–compliant driver’s license or
identification card issued by a State that
has been determined by DHS to be in
full compliance as defined under this
subpart.
(c) Until September 30, 2021, Federal
agencies may accept for official
purposes a driver’s license or
identification card issued under § 37.71.
On or after October 1, 2021, Federal
agencies shall not accept for official
purposes a driver’s license or
identification card issued under § 37.71.
Chad R. Mizelle,
Senior Official Performing the Duties of the
General Counsel, U.S. Department of
Homeland Security.
[FR Doc. 2020–08481 Filed 4–24–20; 8:45 am]
BILLING CODE 9110–9M–P
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Parts 1775, 1776, 1778, and 1784
Document security, Driver’s licenses,
Identification cards, Motor vehicle
administrations, Physical security.
For the reasons set forth above, the
Department of Homeland Security
amends 6 CFR part 37 as follows:
PART 37—REAL ID DRIVER’S
LICENSES AND IDENTIFICATION
CARDS
1. The authority citation for part 37
continues to read as follows:
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Authority: 49 U.S.C. 30301 note; 6 U.S.C.
111, 112.
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RIN 0572–AC47
Implementation of Water and
Environmental Provisions of the
Agricultural Improvement Act of 2018
Rural Utilities Service, USDA.
Final rule.
AGENCY:
ACTION:
The Rural Utilities Service
(RUS) is issuing a final rule to
implement statutory provisions of the
Agriculture Improvement Act of 2018
(2018 Farm Bill). The intent of this rule
is to modify existing regulations to
include the statutory revisions
authorized by the 2018 Farm Bill.
DATES: This final rule is effective April
27, 2020.
FOR FURTHER INFORMATION CONTACT: Jim
Wehrer, Rural Development, U.S.
Department of Agriculture, STOP, 1400
Independence Ave. SW, Washington,
DC 20250–1550, Telephone number:
(605) 660–0981.
SUPPLEMENTARY INFORMATION:
SUMMARY:
List of Subjects in 6 CFR Part 37
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Executive Order 12866—Classification
[Docket No. RUS–20–WATER–0018]
The Acting Secretary of Homeland
Security, Chad F. Wolf, having reviewed
and approved this document, is
delegating the authority to electronically
sign this document to Chad R. Mizelle,
who is the Senior Official Performing
the Duties of the General Counsel, for
purposes of publication in the Federal
Register.
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Subpart A—General
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Executive Order 12988—Civil Justice
Reform
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. The Agency has
determined that this rule meets the
applicable standards provided in
section 3 of the Executive Order. In
addition, all state and local laws and
regulations that are in conflict with this
rule will be preempted. No retroactive
effect will be given to this rule and, in
accordance with section 212(e) of the
Department of Agriculture
Reorganization Act of 1994 (7 U.S.C.
6912(e)), administrative appeal
procedures must be exhausted before an
action against the Department or its
agencies may be initiated.
Catalog of Federal Domestic Assistance
and Executive Order 12372—
Intergovernmental Consultation
The programs affected by this rule are
listed in the Catalog of Federal Domestic
Assistance under numbers 10.761,
Technical Assistance and Training
Grants, 10.763, Emergency Community
Water Assistance Grants, and 10.862,
Household Water Well System Grant
Program, and 10.760, Rural Alaskan
Village Grants, and are subject to the
provisions of Executive Order 12372
which requires intergovernmental
consultation with State and local
officials.
The Catalog is available on the
internet at https://beta.sam.gov. The
SAM.gov website also contains a PDF
file version of the Catalog that, when
printed, has the same layout as the
printed document that the Government
Printing Office (GPO) provides. GPO
prints and sells the CFDA to interested
buyers. For information about
purchasing the Catalog of Federal
Domestic Assistance from GPO, call the
Superintendent of Documents at 202–
512–1800 or toll free at 866–512–1800,
or access GPO’s online bookstore at
https://bookstore.gpo.gov.
Executive Order 13771
The programs affected by this
rulemaking are not subject to Executive
Order 13771 as they are considered
transfer programs and are exempt from
the Executive Order.
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Regulatory Flexibility Act Certification
RUS has determined that this final
rule will not have a significant
economic impact on a substantial
number of small entities, as defined in
the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Environmental Impact Statement
This final rule has been examined
under Agency environmental
regulations at 7 CFR part 1970. The
Administrator has determined that this
is not a major Federal action
significantly affecting the environment.
Therefore, in accordance with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), an
Environmental Impact Statement is not
required.
Unfunded Mandates
This final rule contains no Federal
mandates (under the regulatory
provisions of Title II of the Unfunded
Mandates Reform Act of 1995) for state,
local, and tribal governments or the
private sector. Therefore, this rule is not
subject to the requirements of sections
202 and 205 of the Unfunded Mandates
Reform Act of 1995.
E-Government Act Compliance
RUS is committed to the EGovernment Act, which requires
Government agencies in general to
provide the public the option of
submitting information or transacting
business electronically to the maximum
extent possible.
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Executive Order 13132, Federalism
The policies contained in this final
rule do not have any substantial direct
effect on states, on the relationship
between the national government and
the states, or on the distribution of
power and responsibilities among the
various levels of government. Nor does
this final rule impose substantial direct
compliance costs on state and local
governments. Therefore, consultation
with the states is not required.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
This final rule has been reviewed in
accordance with the requirements of
Executive Order 13175, ‘‘Consultation
and Coordination with Indian Tribal
Governments.’’ Executive Order 13175
requires Federal agencies to consult and
coordinate with tribes on a governmentto-government basis on policies that
have tribal implications, including
regulations, legislative comments or
proposed legislation, and other policy
statements or actions that have
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substantial direct effects on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Rural Development has assessed the
impact of this rule on Indian tribes and
determined that this rule does not, to
our knowledge, have tribal implications
that require tribal consultation under
E.O. 13175. If a tribe would like to
engage in consultation with Rural
Development on this rule, please
contact Rural Development’s Native
American Coordinator at (720) 544–
2911 or AIAN@usda.gov.
Civil Rights Impact Analysis
Rural Development has reviewed this
rule in accordance with USDA
Regulation 4300–4, Civil Rights Impact
Analysis,’’ to identify any major civil
rights impacts the rule might have on
program participants on the basis of age,
race, color, national origin, sex or
disability. After review and analysis of
the rule and available data, it has been
determined that implementation of the
rule is not likely to adversely or
disproportionately impact very low, low
and moderate income populations,
minority populations, women, Indian
tribes or persons with disability by
virtue of their race, color, national
origin, sex, age, disability, or marital or
familial status. No major civil rights
impact is likely to result from this rule.
Information Collection and
Recordkeeping Requirements
This final rule contains no new
reporting or recordkeeping burdens
under OMB control numbers 0572–
0110, 0572–0112, 0572–0139, and 0572–
0150 that would require approval under
the Paperwork Reduction Act of 1995
(44 U.S.C. Chapter 35).
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).
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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:
(1) Mail: U.S. Department of
Agriculture Director, Office of
Adjudication, 1400 Independence
Avenue SW, Washington, DC 20250–
9410;
(2) Fax: (202) 690–7442; or
(3) E-Mail: program.intake@usda.gov.
USDA is an equal opportunity
provider, employer, and lender.
Background
Rural Development is a mission area
within the USDA comprising the Rural
Utilities Service, Rural Housing Service,
and Rural Business/Cooperative Service.
Rural Development’s mission is to
increase economic opportunity and
improve the quality of life for all rural
Americans. Rural Development meets
its mission by providing loans, loan
guarantees, grants, and technical
assistance through more than 40
programs aimed at creating and
improving housing, businesses, and
infrastructure throughout rural America.
The Agriculture Improvement Act of
2018 (2018 Farm Bill) made mandatory
changes to several programs
administered by the Water and
Environmental Programs of the Rural
Utilities Service, including: The
Technical Assistance and Training
(TAT) Grant Program; the Emergency
and Imminent Community Water
Assistance Grant (ECWAG) Program; the
Household Water Well Systems
(HWWS) Grant Program; and the Rural
Alaskan Village Grant (RAVG) Program.
The modifications to these regulations
will allow RUS to fully implement
changes to the programs required by the
2018 Farm Bill. These changes will also
allow for expanded assistance to rural
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communities to improve safe, reliable
drinking water, and sanitary sewage
treatment for households in rural areas.
The Technical Assistance and
Training (TAT) Grant Program (7 CFR
part 1775) provides grants to enable
qualified, private nonprofits to provide
technical assistance and training to
identify and evaluate solutions to water
and waste problems; prepare
applications for water and waste
disposal loans and grants; and improve
the operation and maintenance of
existing water and waste facilities in
eligible rural areas. The modifications
include adding two additional program
purposes focused on enhancing the
long-term sustainability of rural water
and waste systems; addressing the
contamination of drinking water and
surface water supplies by emerging
contaminants; and revising the priority
factors to include providing technical
assistance and training to address water
supply systems or waste facilities that
are unhealthful.
The Emergency and Imminent
Community Water Assistance Grants
(ECWAG) Program (7 CFR part 1778)
assists the residents of rural areas and
small communities that have
experienced a significant decline in
quantity or quality of water, or in which
such a decline is considered imminent,
to obtain or maintain adequate
quantities of water that meets the
standards set by the Safe Drinking Water
Act (42 U.S.C. 300f et seq.). The
modifications include: Revising the
project priority factors to include
contamination of water supplies;
extending the use of grant funds to
include inadequate water supplies due
to an event, including drought, severe
weather, or contamination; and
increasing the maximum grant amount
to $1,000,000.
The Household Water Well System
(HWWS) Grant Program (7 CFR part
1776) assists qualified nonprofits and
tribes to create a revolving loan fund to
increase access to clean, reliable water
for households in eligible rural areas.
Grant funds may be used to help a
nonprofit create a revolving loan fund
for eligible individuals who own and
occupy a home in an eligible rural area,
to construct, refurbish, or service
individually-owned household water
well systems. The modifications
include: Changing the program name
from Household Water Well Systems to
Rural Decentralized Water Systems;
adding a definition for Decentralized
Water System; revising the income
eligibility language in the definition of
Eligible individual from 100 percent of
the median nonmetropolitan household
income for the State to 60% of the
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median nonmetropolitan household
income for the State; modifying the loan
amount terms for recipients; and
including new eligibility requirements
for receipt of a Decentralized Water
System subgrant.
The Rural Alaska Village Grant
(RAVG) Program (7 CFR part 1784)
provides assistance to rural or native
Alaskan villages to provide for the
development and construction of water
and wastewater systems to improve the
health and sanitation conditions in
these villages through removal of dire
sanitation conditions. A modification to
the definition of ‘‘Rural or Native
Villages in Alaska’’ will be made to
bring it in line with section 306D of the
CONACT.
List of Subjects
7 CFR Part 1775
Business and industry, Community
development, Community facilities,
Grant programs-housing and community
development, Reporting and
recordkeeping requirements, Rural
areas, Waste treatment and disposal,
Water supply, and Watersheds.
7 CFR Part 1776
Agriculture, Community
development, Community facilities,
Credit, Grant programs-housing and
community development, Nonprofit
organizations, Reporting and
recordkeeping requirements, Rural
areas, Waste treatment and disposal,
Water pollution control, Water
resources, Water supply, Watersheds.
7 CFR Part 1778
Community development,
Community facilities, Grant programshousing and community development,
Reporting and recordkeeping
requirements, Rural areas, Waste
treatment and disposal, Water supply,
and Watersheds.
7 CFR Part 1784
Agriculture, Community
development, Community facilities,
Grant programs—housing and
community development, Reporting and
recordkeeping requirements, Rural
areas, Sewage disposal, Waste treatment
and disposal, Water pollution control,
Water supply, Watersheds.
Accordingly, for reasons set forth in
the preamble, 7 CFR parts 1775, 1776,
1778, and 1784 are amended as follows:
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2. Amend § 1775.11 by revising
paragraph (i) to read as follows:
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§ 1775.11
Priority.
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(i) Projects primarily providing
‘‘hands on’’ technical assistance and
training, i.e., on-site assistance as
opposed to preparation and distribution
of printed material, to communities
with existing water and waste systems
which are experiencing operation and
maintenance or management problems;
and/or provide technical assistance and
training to water supply systems or
waste facilities that are unhealthful (i.e.,
emerging contaminants detected in
drinking water and surface water
supplies.)
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Subpart C—Technical Assistance and
Training Grants
3. Amend § 1775.36 by revising
paragraph (e) and adding paragraphs (f)
and (g) to read as follows:
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§ 1775.36
Purpose.
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(e) Identify options to enhance the
long-term sustainability of rural water
and waste systems, including
operational practices, revenue
enhancements, partnerships,
consolidation, regionalization, or
contract services.
(f) Address the contamination of
drinking water and surface water
supplies by emerging contaminants,
including per- and polyfluoroalkyl
substances.
(g) Pay the expenses associated with
providing the technical assistance and/
or training authorized in paragraphs (a)
through (f) of this section.
PART 1776—RURAL DECENTRALIZED
WATER SYSTEMS
4. The authority citation for part 1776
continues to read as follows:
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Authority: 7 U.S.C. 1926e.
5. Revise the heading to part 1776 to
read as set forth above:
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PART 1776—RURAL DECENTRALIZED
WATER SYSTEMS
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PART 1776—[AMENDED]
1. The authority citation for part 1775
continues to read as follows:
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Subpart B—Grant Application
Processing
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PART 1775—TECHNICAL
ASSISTANCE GRANTS
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Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16
U.S.C. 1005.
6. In part 1776, revise all references to
‘‘Household Water Well System’’ to read
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‘‘Decentralized Water System’’ and the
acronym ‘‘HWWS’’ to read ‘‘DWS’’.
Subpart A—General
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7. Revise § 1776.1 to read as follows:
§ 1776.1
Purpose.
This part sets forth the policies and
procedures for Rural Utilities Service
making grants to private nonprofit
organizations for the purpose of
providing loans and subgrants to
eligible individuals for the construction,
refurbishing, and servicing of
individually owned household water
well systems and individually owned
decentralized wastewater systems in
rural areas that are or will be owned by
the eligible individuals.
■ 8. In § 1776.3:
■ a. Amend the definition of Eligible
individual by removing the term ‘‘100
percent’’ in the first sentence and
adding in its place ‘‘60 percent’’;
■ b. Add the definitions of
‘‘Contamination’’, ‘‘Decentralized Water
System’’, ‘‘Septic System’’, and
‘‘Subgrants’’; and
■ c. Remove the definitions of
‘‘HWWS’’, ‘‘HWWS grant’’, and ‘‘HWWS
loan.’’
The additions read as follows:
§ 1776.3
Definitions
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Contamination means any physical,
chemical, biological, or radiological
substance of matter in water, either
exceeding or having potential to exceed
State or Federal standards.
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Decentralized Water System (DWS)
means either a household water well or
a septic system. This definition also
includes decentralized wastewater
systems which are onsite or clustered
systems used to collect, treat, and
disperse or reclaim wastewater from a
small community or service area.
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Septic System means systems
designed to treat wastewater from
household plumbing fixtures through
both natural and technological
processes.
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Subgrants means a grant awarded to
a decentralized water system owner in
order to refurbish or replace a well or
septic system.
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(b) The grantee or RUS may initiate an
amendment or modification to the grant
agreement to provide for a loan limit up
to $15,000. No change in the grant
agreement requested by the grant
recipient will be effective unless
approved in writing by RUS.
■ 10. Amend § 1776.12 by revising the
section heading and paragraph (a) and
adding paragraphs (d) and (e) to read as
follows:
§ 1776.12
Use of DWS Grant proceeds.
(a) Except as otherwise provided in
the next paragraph. The DWS grant
process shall be used solely for the
purpose of providing loans to eligible
individuals for the construction,
refurbishing, and servicing of individual
decentralized water systems in rural
areas that are or will be owned by the
eligible individuals.
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(d) In the event of ground well water
contamination, the Secretary shall allow
a loan or subgrant to be made with grant
funds under this section for the
installation of water treatment where
needed beyond the point of entry, with
or without the installation of a new
water well system.
(e) Any entities responsible for
fouling a drinking water supply are not
eligible to be the recipients of an award
for this program.
Subpart C—DWS Loans
11. Amend § 1776.15 by revising
paragraph (a)(3) and by adding
paragraphs (d) and (e) to read as follows:
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§ 1776.15
Terms of loans.
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(a) * * *
(3) Shall not exceed $15,000 for each
water well system or decentralized
wastewater system described in
§ 1776.1.
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(d) The Agency will determine the
maximum subgrant limit for each DWS
applicant.
(e) The applicant will determine
subgrant funding levels to individual
subgrantees based on established
criteria described in the workplan.
PART 1778—EMERGENCY AND
IMMINENT COMMUNITY WATER
ASSISTANCE GRANTS
12. The authority citation for part
1778 continues to read as follows:
Subpart B—DWS Grants
■
9. Amend § 1776.10 by revising
paragraph (b) to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16
U.S.C. 1005.
§ 1776.10
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Grant agreement.
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13. Amend § 1778.3, by revising the
section heading to read as follows:
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§ 1778.3
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Purpose.
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■ 14. Amend § 1778.4 by adding a
definition of Contamination to read as
follows:
§ 1778.4
Definitions.
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Contamination, Any physical,
chemical, biological, or radiological
substance of matter in water, either
exceeding or having potential to exceed
State or Federal standards.
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■ 15. Amend § 1778.6 by redesignating
paragraph (b) as paragraph (c) and
adding a new paragraph (b) to read as
follows:
§ 1778.6
Eligibility.
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(b) Any entities responsible for
willfully or purposely fouling a drinking
water supply are not eligible to be the
recipients of an award under this
program.
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■ 16. Amend § 1778.7 by redesignating
paragraph (d)(6) as paragraph (d)(7) and
adding a new paragraph (d)(6) to read as
follows:
§ 1778.7
Project priority.
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(d) * * *
(6) Contamination. The project will
address the contamination that poses a
threat to human health or the
environment and was caused by
circumstances beyond the control of the
applicant—10 points.
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■ 17. Amend § 1778.9 by revising
paragraph (k) to read as follows:
§ 1778.9
Uses.
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(k) Provide potable water to
communities through means other than
those covered above for no more than
120 days when a more permanent
solution is not feasible in a shorter time
frame. Where drinking water supplies
are inadequate due to an event,
including drought, severe weather, or
contamination, potable water may be
provided for a period of time, not to
exceed an additional 120 days to protect
public health.
■ 18. Amend § 1778.10 by revising the
section heading to read as follows:
§ 1778.10
funds.
Restrictions on use of grant
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19. Amend § 1778.11 by revising
paragraph (a) to read as follows:
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§ 1778.11
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Maximum grants.
(a) Grants up to $1,000,000 may be
made to alleviate a significant decline in
quantity or quality of water available to
a rural area that occurred within two
years of filing an application with the
Agency, or to attempt to avoid a
significant decline that is expected to
occur during the twelve month period
following the filing of an application.
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PART 1784—RURAL ALASKAN
VILLAGE GRANTS
20. The authority citation for part
1784 continues to read as follows:
■
Authority: 7 U.S.C. 1926d.
Subpart A—General Provisions.
■
Purpose.
This part sets forth the policies and
procedures that will apply when the
Rural Utilities Service (RUS) makes
grants under the Rural Alaska Village
Grant (RAVG) program (7 U.S.C. 1926d)
to native villages in Alaska. The grants
will be provided directly to a native
village or jointly with either The State
of Alaska, Department of Environmental
Conservation (DEC) or The Alaska
Native Tribal Health Consortium
(ANTHC) for the benefit of native
villages in Alaska.
■ 22. Amend § 1784.2 by removing the
definition of ‘‘Rural or Native Villages
in Alaska’’ and adding, in alphabetical
order, the definition of ‘‘Native Villages
in Alaska’’ to read as follows:
§ 1784.10
§ 1784.2
§ 1784.16
Definitions.
*
*
*
*
*
Native Villages in Alaska means a
Native village in Alaska which meets
the definition of a village as defined in
section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602).
*
*
*
*
*
Subpart B—Grant Requirements
23. Amend § 1784.8 by revising
paragraphs (a)(1) through (3), (b), and
(d) to read as follows:
■
§ 1784.8
lotter on DSKBCFDHB2PROD with RULES
24. Amend § 1784.10 by revising
paragraph (a) introductory text to read
as follows:
■
21. Revise § 1784.1 to read as follows:
§ 1784.1
ANTHC together with each individual
recipient community beneficiary shall
execute a grant agreement on a project
by project basis. Expenditures for
projects will be based on specific scope
and be requested on a project by project
basis.
*
*
*
*
*
(d) The median household income of
the recipient community cannot exceed
110 percent of the statewide
nonmetropolitan household income
(SNMHI), according to US Census
American Community Survey. Alaska
census communities considered to be
high cost isolated areas or ‘‘off the road
systems’’ (i.e., communities that cannot
be accessed by roads) may utilize up to
150 percent of SNMHI.
Eligibility.
(a) * * *
(1) Native village in Alaska; or
(2) DEC on behalf of one or more
recipient communities in Alaska; or
(3) ANTHC on behalf of one or more
recipient communities in Alaska.
(b) Grants made to DEC or ANTHC
may be obligated through a master letter
of conditions for more than one
recipient community; however, DEC or
VerDate Sep<11>2014
16:16 Apr 24, 2020
Jkt 250001
*
*
*
*
(a) To pay reasonable costs associated
with providing potable water or waste
disposal services to residents of
recipient communities. Reasonable costs
include construction, planning, predevelopment costs (including
engineering, design, and rights-of-way
establishment), and technical assistance
as further defined in paragraphs (a)(1)
through (3) of this section:
*
*
*
*
*
Subpart C—Application Processing
25. Amend § 1784.16 by revising
paragraph (a) to read as follows:
■
General.
(a) DEC and ANTHC utilize the
National Indian Health Service,
Sanitation Deficiency System (SDS)
database as a comprehensive source of
rural sanitation needs in Alaska. The
database provides an inventory of the
sanitation deficiencies including water,
sewer, and solid waste facilities for
existing homes. The sanitation
deficiencies data are updated annually
by DEC and ANTHC in consultation
with the respective recipient
communities. The SDS system is
utilized in the RAVG program to help
prioritize applications under the Village
Safe Water Program.
*
*
*
*
*
26. Amend § 1784.17 by revising
paragraph (a) to read as follows:
■
Application for Planning grants.
(a) Entities identified in § 1784.8 may
submit a completed Standard Form 424
to apply for funding to establish a
PO 00000
§ 1784.20 Applications Accepted from DEC
or ANTHC.
(a) In cases where applications are
accepted from DEC or ANTHC, one
master application may be submitted
covering recipient communities to be
funded, however, each individual
project will be broken out and (for
construction grants) each will require its
own PER, or PER-like document and
Environmental Report.
*
*
*
*
*
Chad Rupe,
Administrator, Rural Utilities Service.
[FR Doc. 2020–08034 Filed 4–24–20; 8:45 am]
BILLING CODE 3410–15–P
Eligible grant purposes.
*
§ 1784.17
Planning report for a recipient
community.
*
*
*
*
*
■ 27. Amend § 1784.20 by revising
paragraph (a) to read as follows:
Frm 00008
Fmt 4700
Sfmt 4700
NATIONAL CREDIT UNION
ADMINISTRATION
12 CFR Parts 702 and 723
RIN 3133–AF16
Regulatory Capital Rule: Paycheck
Protection Program Lending Facility
and Paycheck Protection Program
Loans
National Credit Union
Administration (NCUA).
ACTION: Interim final rule.
AGENCY:
The NCUA Board (Board) is
issuing this interim final rule to make a
conforming amendment to its capital
adequacy regulation following the
enactment of the Coronavirus Aid,
Relief, and Economic Security Act
(CARES Act). The CARES Act
authorizes the Small Business
Administration to create a loan
guarantee program, the Paycheck
Protection Program (PPP), to help
certain businesses affected by the
COVID–19 pandemic. The CARES Act
requires that PPP loans receive a zero
percent risk weighting under the
NCUA’s risk-based capital requirements.
To reflect the statutory requirement, the
interim final rule amends the NCUA’s
capital adequacy regulation to provide
that covered PPP loans receive a zero
percent risk weight. The interim final
rule also provides that if the covered
loan is pledged as collateral for a nonrecourse loan that is provided as part of
the Board of Governors of the Federal
Reserve System’s (FRB) PPP Lending
Facility, the covered loan can be
excluded from a credit union’s
calculation of total assets for the
SUMMARY:
E:\FR\FM\27APR1.SGM
27APR1
]]>Agencies
[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Rules and Regulations]
[Pages 23208-23212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08034]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Parts 1775, 1776, 1778, and 1784
[Docket No. RUS-20-WATER-0018]
RIN 0572-AC47
Implementation of Water and Environmental Provisions of the
Agricultural Improvement Act of 2018
AGENCY: Rural Utilities Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Rural Utilities Service (RUS) is issuing a final rule to
implement statutory provisions of the Agriculture Improvement Act of
2018 (2018 Farm Bill). The intent of this rule is to modify existing
regulations to include the statutory revisions authorized by the 2018
Farm Bill.
DATES: This final rule is effective April 27, 2020.
FOR FURTHER INFORMATION CONTACT: Jim Wehrer, Rural Development, U.S.
Department of Agriculture, STOP, 1400 Independence Ave. SW, Washington,
DC 20250-1550, Telephone number: (605) 660-0981.
SUPPLEMENTARY INFORMATION:
Executive Order 12866--Classification
This final rule has been determined to be not significant for the
purposes of Executive Order 12866, Regulatory Planning and Review, and
therefore has not been reviewed by the Office of Management and Budget
(OMB).
Executive Order 12988--Civil Justice Reform
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. The Agency has determined that this rule meets
the applicable standards provided in section 3 of the Executive Order.
In addition, all state and local laws and regulations that are in
conflict with this rule will be preempted. No retroactive effect will
be given to this rule and, in accordance with section 212(e) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6912(e)), administrative appeal procedures must be exhausted before an
action against the Department or its agencies may be initiated.
Catalog of Federal Domestic Assistance and Executive Order 12372--
Intergovernmental Consultation
The programs affected by this rule are listed in the Catalog of
Federal Domestic Assistance under numbers 10.761, Technical Assistance
and Training Grants, 10.763, Emergency Community Water Assistance
Grants, and 10.862, Household Water Well System Grant Program, and
10.760, Rural Alaskan Village Grants, and are subject to the provisions
of Executive Order 12372 which requires intergovernmental consultation
with State and local officials.
The Catalog is available on the internet at https://beta.sam.gov.
The SAM.gov website also contains a PDF file version of the Catalog
that, when printed, has the same layout as the printed document that
the Government Printing Office (GPO) provides. GPO prints and sells the
CFDA to interested buyers. For information about purchasing the Catalog
of Federal Domestic Assistance from GPO, call the Superintendent of
Documents at 202-512-1800 or toll free at 866-512-1800, or access GPO's
online bookstore at https://bookstore.gpo.gov.
Executive Order 13771
The programs affected by this rulemaking are not subject to
Executive Order 13771 as they are considered transfer programs and are
exempt from the Executive Order.
[[Page 23209]]
Regulatory Flexibility Act Certification
RUS has determined that this final rule will not have a significant
economic impact on a substantial number of small entities, as defined
in the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Environmental Impact Statement
This final rule has been examined under Agency environmental
regulations at 7 CFR part 1970. The Administrator has determined that
this is not a major Federal action significantly affecting the
environment. Therefore, in accordance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), an Environmental Impact
Statement is not required.
Unfunded Mandates
This final rule contains no Federal mandates (under the regulatory
provisions of Title II of the Unfunded Mandates Reform Act of 1995) for
state, local, and tribal governments or the private sector. Therefore,
this rule is not subject to the requirements of sections 202 and 205 of
the Unfunded Mandates Reform Act of 1995.
E-Government Act Compliance
RUS is committed to the E-Government Act, which requires Government
agencies in general to provide the public the option of submitting
information or transacting business electronically to the maximum
extent possible.
Executive Order 13132, Federalism
The policies contained in this final rule do not have any
substantial direct effect on states, on the relationship between the
national government and the states, or on the distribution of power and
responsibilities among the various levels of government. Nor does this
final rule impose substantial direct compliance costs on state and
local governments. Therefore, consultation with the states is not
required.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
This final rule has been reviewed in accordance with the
requirements of Executive Order 13175, ``Consultation and Coordination
with Indian Tribal Governments.'' Executive Order 13175 requires
Federal agencies to consult and coordinate with tribes on a government-
to-government basis on policies that have tribal implications,
including regulations, legislative comments or proposed legislation,
and other policy statements or actions that have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
Rural Development has assessed the impact of this rule on Indian tribes
and determined that this rule does not, to our knowledge, have tribal
implications that require tribal consultation under E.O. 13175. If a
tribe would like to engage in consultation with Rural Development on
this rule, please contact Rural Development's Native American
Coordinator at (720) 544-2911 or [email protected].
Civil Rights Impact Analysis
Rural Development has reviewed this rule in accordance with USDA
Regulation 4300-4, Civil Rights Impact Analysis,'' to identify any
major civil rights impacts the rule might have on program participants
on the basis of age, race, color, national origin, sex or disability.
After review and analysis of the rule and available data, it has been
determined that implementation of the rule is not likely to adversely
or disproportionately impact very low, low and moderate income
populations, minority populations, women, Indian tribes or persons with
disability by virtue of their race, color, national origin, sex, age,
disability, or marital or familial status. No major civil rights impact
is likely to result from this rule.
Information Collection and Recordkeeping Requirements
This final rule contains no new reporting or recordkeeping burdens
under OMB control numbers 0572-0110, 0572-0112, 0572-0139, and 0572-
0150 that would require approval under the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35).
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:
(1) Mail: U.S. Department of Agriculture Director, Office of
Adjudication, 1400 Independence Avenue SW, Washington, DC 20250-9410;
(2) Fax: (202) 690-7442; or
(3) E-Mail: [email protected].
USDA is an equal opportunity provider, employer, and lender.
Background
Rural Development is a mission area within the USDA comprising the
Rural Utilities Service, Rural Housing Service, and Rural Business/
Cooperative Service. Rural Development's mission is to increase
economic opportunity and improve the quality of life for all rural
Americans. Rural Development meets its mission by providing loans, loan
guarantees, grants, and technical assistance through more than 40
programs aimed at creating and improving housing, businesses, and
infrastructure throughout rural America.
The Agriculture Improvement Act of 2018 (2018 Farm Bill) made
mandatory changes to several programs administered by the Water and
Environmental Programs of the Rural Utilities Service, including: The
Technical Assistance and Training (TAT) Grant Program; the Emergency
and Imminent Community Water Assistance Grant (ECWAG) Program; the
Household Water Well Systems (HWWS) Grant Program; and the Rural
Alaskan Village Grant (RAVG) Program.
The modifications to these regulations will allow RUS to fully
implement changes to the programs required by the 2018 Farm Bill. These
changes will also allow for expanded assistance to rural
[[Page 23210]]
communities to improve safe, reliable drinking water, and sanitary
sewage treatment for households in rural areas.
The Technical Assistance and Training (TAT) Grant Program (7 CFR
part 1775) provides grants to enable qualified, private nonprofits to
provide technical assistance and training to identify and evaluate
solutions to water and waste problems; prepare applications for water
and waste disposal loans and grants; and improve the operation and
maintenance of existing water and waste facilities in eligible rural
areas. The modifications include adding two additional program purposes
focused on enhancing the long[hyphen]term sustainability of rural water
and waste systems; addressing the contamination of drinking water and
surface water supplies by emerging contaminants; and revising the
priority factors to include providing technical assistance and training
to address water supply systems or waste facilities that are
unhealthful.
The Emergency and Imminent Community Water Assistance Grants
(ECWAG) Program (7 CFR part 1778) assists the residents of rural areas
and small communities that have experienced a significant decline in
quantity or quality of water, or in which such a decline is considered
imminent, to obtain or maintain adequate quantities of water that meets
the standards set by the Safe Drinking Water Act (42 U.S.C. 300f et
seq.). The modifications include: Revising the project priority factors
to include contamination of water supplies; extending the use of grant
funds to include inadequate water supplies due to an event, including
drought, severe weather, or contamination; and increasing the maximum
grant amount to $1,000,000.
The Household Water Well System (HWWS) Grant Program (7 CFR part
1776) assists qualified nonprofits and tribes to create a revolving
loan fund to increase access to clean, reliable water for households in
eligible rural areas. Grant funds may be used to help a nonprofit
create a revolving loan fund for eligible individuals who own and
occupy a home in an eligible rural area, to construct, refurbish, or
service individually-owned household water well systems. The
modifications include: Changing the program name from Household Water
Well Systems to Rural Decentralized Water Systems; adding a definition
for Decentralized Water System; revising the income eligibility
language in the definition of Eligible individual from 100 percent of
the median nonmetropolitan household income for the State to 60% of the
median nonmetropolitan household income for the State; modifying the
loan amount terms for recipients; and including new eligibility
requirements for receipt of a Decentralized Water System subgrant.
The Rural Alaska Village Grant (RAVG) Program (7 CFR part 1784)
provides assistance to rural or native Alaskan villages to provide for
the development and construction of water and wastewater systems to
improve the health and sanitation conditions in these villages through
removal of dire sanitation conditions. A modification to the definition
of ``Rural or Native Villages in Alaska'' will be made to bring it in
line with section 306D of the CONACT.
List of Subjects
7 CFR Part 1775
Business and industry, Community development, Community facilities,
Grant programs-housing and community development, Reporting and
recordkeeping requirements, Rural areas, Waste treatment and disposal,
Water supply, and Watersheds.
7 CFR Part 1776
Agriculture, Community development, Community facilities, Credit,
Grant programs-housing and community development, Nonprofit
organizations, Reporting and recordkeeping requirements, Rural areas,
Waste treatment and disposal, Water pollution control, Water resources,
Water supply, Watersheds.
7 CFR Part 1778
Community development, Community facilities, Grant programs-housing
and community development, Reporting and recordkeeping requirements,
Rural areas, Waste treatment and disposal, Water supply, and
Watersheds.
7 CFR Part 1784
Agriculture, Community development, Community facilities, Grant
programs--housing and community development, Reporting and
recordkeeping requirements, Rural areas, Sewage disposal, Waste
treatment and disposal, Water pollution control, Water supply,
Watersheds.
Accordingly, for reasons set forth in the preamble, 7 CFR parts
1775, 1776, 1778, and 1784 are amended as follows:
PART 1775--TECHNICAL ASSISTANCE GRANTS
0
1. The authority citation for part 1775 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.
Subpart B--Grant Application Processing
0
2. Amend Sec. 1775.11 by revising paragraph (i) to read as follows:
Sec. 1775.11 Priority.
* * * * *
(i) Projects primarily providing ``hands on'' technical assistance
and training, i.e., on-site assistance as opposed to preparation and
distribution of printed material, to communities with existing water
and waste systems which are experiencing operation and maintenance or
management problems; and/or provide technical assistance and training
to water supply systems or waste facilities that are unhealthful (i.e.,
emerging contaminants detected in drinking water and surface water
supplies.)
* * * * *
Subpart C--Technical Assistance and Training Grants
0
3. Amend Sec. 1775.36 by revising paragraph (e) and adding paragraphs
(f) and (g) to read as follows:
Sec. 1775.36 Purpose.
* * * * *
(e) Identify options to enhance the long-term sustainability of
rural water and waste systems, including operational practices, revenue
enhancements, partnerships, consolidation, regionalization, or contract
services.
(f) Address the contamination of drinking water and surface water
supplies by emerging contaminants, including per- and polyfluoroalkyl
substances.
(g) Pay the expenses associated with providing the technical
assistance and/or training authorized in paragraphs (a) through (f) of
this section.
PART 1776--RURAL DECENTRALIZED WATER SYSTEMS
0
4. The authority citation for part 1776 continues to read as follows:
Authority: 7 U.S.C. 1926e.
0
5. Revise the heading to part 1776 to read as set forth above:
PART 1776--RURAL DECENTRALIZED WATER SYSTEMS
* * * * *
PART 1776--[AMENDED]
0
6. In part 1776, revise all references to ``Household Water Well
System'' to read
[[Page 23211]]
``Decentralized Water System'' and the acronym ``HWWS'' to read
``DWS''.
Subpart A--General
0
7. Revise Sec. 1776.1 to read as follows:
Sec. 1776.1 Purpose.
This part sets forth the policies and procedures for Rural
Utilities Service making grants to private nonprofit organizations for
the purpose of providing loans and subgrants to eligible individuals
for the construction, refurbishing, and servicing of individually owned
household water well systems and individually owned decentralized
wastewater systems in rural areas that are or will be owned by the
eligible individuals.
0
8. In Sec. 1776.3:
0
a. Amend the definition of Eligible individual by removing the term
``100 percent'' in the first sentence and adding in its place ``60
percent'';
0
b. Add the definitions of ``Contamination'', ``Decentralized Water
System'', ``Septic System'', and ``Subgrants''; and
0
c. Remove the definitions of ``HWWS'', ``HWWS grant'', and ``HWWS
loan.''
The additions read as follows:
Sec. 1776.3 Definitions
* * * * *
Contamination means any physical, chemical, biological, or
radiological substance of matter in water, either exceeding or having
potential to exceed State or Federal standards.
* * * * *
Decentralized Water System (DWS) means either a household water
well or a septic system. This definition also includes decentralized
wastewater systems which are onsite or clustered systems used to
collect, treat, and disperse or reclaim wastewater from a small
community or service area.
* * * * *
Septic System means systems designed to treat wastewater from
household plumbing fixtures through both natural and technological
processes.
* * * * *
Subgrants means a grant awarded to a decentralized water system
owner in order to refurbish or replace a well or septic system.
* * * * *
Subpart B--DWS Grants
0
9. Amend Sec. 1776.10 by revising paragraph (b) to read as follows:
Sec. 1776.10 Grant agreement.
* * * * *
(b) The grantee or RUS may initiate an amendment or modification to
the grant agreement to provide for a loan limit up to $15,000. No
change in the grant agreement requested by the grant recipient will be
effective unless approved in writing by RUS.
0
10. Amend Sec. 1776.12 by revising the section heading and paragraph
(a) and adding paragraphs (d) and (e) to read as follows:
Sec. 1776.12 Use of DWS Grant proceeds.
(a) Except as otherwise provided in the next paragraph. The DWS
grant process shall be used solely for the purpose of providing loans
to eligible individuals for the construction, refurbishing, and
servicing of individual decentralized water systems in rural areas that
are or will be owned by the eligible individuals.
* * * * *
(d) In the event of ground well water contamination, the Secretary
shall allow a loan or subgrant to be made with grant funds under this
section for the installation of water treatment where needed beyond the
point of entry, with or without the installation of a new water well
system.
(e) Any entities responsible for fouling a drinking water supply
are not eligible to be the recipients of an award for this program.
Subpart C--DWS Loans
0
11. Amend Sec. 1776.15 by revising paragraph (a)(3) and by adding
paragraphs (d) and (e) to read as follows:
Sec. 1776.15 Terms of loans.
* * * * *
(a) * * *
(3) Shall not exceed $15,000 for each water well system or
decentralized wastewater system described in Sec. 1776.1.
* * * * *
(d) The Agency will determine the maximum subgrant limit for each
DWS applicant.
(e) The applicant will determine subgrant funding levels to
individual subgrantees based on established criteria described in the
workplan.
PART 1778--EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE GRANTS
0
12. The authority citation for part 1778 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.
0
13. Amend Sec. 1778.3, by revising the section heading to read as
follows:
Sec. 1778.3 Purpose.
* * * * *
0
14. Amend Sec. 1778.4 by adding a definition of Contamination to read
as follows:
Sec. 1778.4 Definitions.
* * * * *
Contamination, Any physical, chemical, biological, or radiological
substance of matter in water, either exceeding or having potential to
exceed State or Federal standards.
* * * * *
0
15. Amend Sec. 1778.6 by redesignating paragraph (b) as paragraph (c)
and adding a new paragraph (b) to read as follows:
Sec. 1778.6 Eligibility.
* * * * *
(b) Any entities responsible for willfully or purposely fouling a
drinking water supply are not eligible to be the recipients of an award
under this program.
* * * * *
0
16. Amend Sec. 1778.7 by redesignating paragraph (d)(6) as paragraph
(d)(7) and adding a new paragraph (d)(6) to read as follows:
Sec. 1778.7 Project priority.
* * * * *
(d) * * *
(6) Contamination. The project will address the contamination that
poses a threat to human health or the environment and was caused by
circumstances beyond the control of the applicant--10 points.
* * * * *
0
17. Amend Sec. 1778.9 by revising paragraph (k) to read as follows:
Sec. 1778.9 Uses.
* * * * *
(k) Provide potable water to communities through means other than
those covered above for no more than 120 days when a more permanent
solution is not feasible in a shorter time frame. Where drinking water
supplies are inadequate due to an event, including drought, severe
weather, or contamination, potable water may be provided for a period
of time, not to exceed an additional 120 days to protect public health.
0
18. Amend Sec. 1778.10 by revising the section heading to read as
follows:
Sec. 1778.10 Restrictions on use of grant funds.
* * * * *
0
19. Amend Sec. 1778.11 by revising paragraph (a) to read as follows:
[[Page 23212]]
Sec. 1778.11 Maximum grants.
(a) Grants up to $1,000,000 may be made to alleviate a significant
decline in quantity or quality of water available to a rural area that
occurred within two years of filing an application with the Agency, or
to attempt to avoid a significant decline that is expected to occur
during the twelve month period following the filing of an application.
* * * * *
PART 1784--RURAL ALASKAN VILLAGE GRANTS
0
20. The authority citation for part 1784 continues to read as follows:
Authority: 7 U.S.C. 1926d.
Subpart A--General Provisions.
0
21. Revise Sec. 1784.1 to read as follows:
Sec. 1784.1 Purpose.
This part sets forth the policies and procedures that will apply
when the Rural Utilities Service (RUS) makes grants under the Rural
Alaska Village Grant (RAVG) program (7 U.S.C. 1926d) to native villages
in Alaska. The grants will be provided directly to a native village or
jointly with either The State of Alaska, Department of Environmental
Conservation (DEC) or The Alaska Native Tribal Health Consortium
(ANTHC) for the benefit of native villages in Alaska.
0
22. Amend Sec. 1784.2 by removing the definition of ``Rural or Native
Villages in Alaska'' and adding, in alphabetical order, the definition
of ``Native Villages in Alaska'' to read as follows:
Sec. 1784.2 Definitions.
* * * * *
Native Villages in Alaska means a Native village in Alaska which
meets the definition of a village as defined in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602).
* * * * *
Subpart B--Grant Requirements
0
23. Amend Sec. 1784.8 by revising paragraphs (a)(1) through (3), (b),
and (d) to read as follows:
Sec. 1784.8 Eligibility.
(a) * * *
(1) Native village in Alaska; or
(2) DEC on behalf of one or more recipient communities in Alaska;
or
(3) ANTHC on behalf of one or more recipient communities in Alaska.
(b) Grants made to DEC or ANTHC may be obligated through a master
letter of conditions for more than one recipient community; however,
DEC or ANTHC together with each individual recipient community
beneficiary shall execute a grant agreement on a project by project
basis. Expenditures for projects will be based on specific scope and be
requested on a project by project basis.
* * * * *
(d) The median household income of the recipient community cannot
exceed 110 percent of the statewide nonmetropolitan household income
(SNMHI), according to US Census American Community Survey. Alaska
census communities considered to be high cost isolated areas or ``off
the road systems'' (i.e., communities that cannot be accessed by roads)
may utilize up to 150 percent of SNMHI.
0
24. Amend Sec. 1784.10 by revising paragraph (a) introductory text to
read as follows:
Sec. 1784.10 Eligible grant purposes.
* * * * *
(a) To pay reasonable costs associated with providing potable water
or waste disposal services to residents of recipient communities.
Reasonable costs include construction, planning, pre-development costs
(including engineering, design, and rights-of-way establishment), and
technical assistance as further defined in paragraphs (a)(1) through
(3) of this section:
* * * * *
Subpart C--Application Processing
0
25. Amend Sec. 1784.16 by revising paragraph (a) to read as follows:
Sec. 1784.16 General.
(a) DEC and ANTHC utilize the National Indian Health Service,
Sanitation Deficiency System (SDS) database as a comprehensive source
of rural sanitation needs in Alaska. The database provides an inventory
of the sanitation deficiencies including water, sewer, and solid waste
facilities for existing homes. The sanitation deficiencies data are
updated annually by DEC and ANTHC in consultation with the respective
recipient communities. The SDS system is utilized in the RAVG program
to help prioritize applications under the Village Safe Water Program.
* * * * *
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26. Amend Sec. 1784.17 by revising paragraph (a) to read as follows:
Sec. 1784.17 Application for Planning grants.
(a) Entities identified in Sec. 1784.8 may submit a completed
Standard Form 424 to apply for funding to establish a Planning report
for a recipient community.
* * * * *
0
27. Amend Sec. 1784.20 by revising paragraph (a) to read as follows:
Sec. 1784.20 Applications Accepted from DEC or ANTHC.
(a) In cases where applications are accepted from DEC or ANTHC, one
master application may be submitted covering recipient communities to
be funded, however, each individual project will be broken out and (for
construction grants) each will require its own PER, or PER-like
document and Environmental Report.
* * * * *
Chad Rupe,
Administrator, Rural Utilities Service.
[FR Doc. 2020-08034 Filed 4-24-20; 8:45 am]
BILLING CODE 3410-15-P
