Revolving Fund Program-Water and Environmental Provisions of the Agricultural Improvement Act of 2018, 14525-14526 [2021-05418]

Agencies

• DEPARTMENT OF AGRICULTURE
• Rural Utilities Service

[Federal Register Volume 86, Number 50 (Wednesday, March 17, 2021)]
[Rules and Regulations]
[Pages 14525-14526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05418]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 86, No. 50 / Wednesday, March 17, 2021 / 
Rules and Regulations

[[Page 14525]]



DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1783

[Docket No. RUS-20-WATER-0033]
RIN 0572-AC52


Revolving Fund Program--Water and Environmental Provisions of the 
Agricultural Improvement Act of 2018

AGENCY: Rural Utilities Service, Department of Agriculture (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 an existing 
regulation to include the statutory revision authorized by the 2018 
Farm Bill.

DATES: This final rule is effective March 17, 2021.

FOR FURTHER INFORMATION CONTACT: James Fritz Wehrer, Rural Development, 
U.S. Department of Agriculture, STOP, 1400 Independence Ave. SW, 
Washington, DC 20250-1550, Telephone number: 413-253-4303.

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).

Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs designated this rule 
as not a major rule, as defined by 5 U.S.C. 804(2).

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 program affected by this rule is listed in the Catalog of 
Federal Domestic Assistance (CFDA) under number 10.864, Grant Program 
to Establish a Fund for Financing Water and Wastewater Projects, and is 
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 program affected by this rulemaking is not subject to Executive 
Order 13771 as it is considered a transfer program and is exempt from 
the Executive Order.

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

[[Page 14526]]

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 number 0572-0138 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.usda.gov/oascr/how-to-file-a-program-discrimination-complaint 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 
Revolving Funds for Financing Water and Wastewater Projects (Revolving 
Fund Program).
    The modification to this regulation will allow RUS to fully 
implement the change to the program required by the 2018 Farm Bill. 
This change will also allow for expanded assistance to rural 
communities to improve safe, reliable drinking water, and sanitary 
sewage treatment for households in rural areas.
    The Revolving Fund Program (7 CFR part 1783) provides grants to 
enable qualified private, non-profit entities to capitalize revolving 
funds for the purpose of providing financing to eligible entities for 
pre-development costs associated with proposed water and wastewater 
projects or with existing water and wastewater systems, and short-term 
costs incurred for replacement equipment, small-scale extension of 
services, or other small capital projects that are not part of the 
regular operations and maintenance activities of existing water and 
wastewater systems. The modification increases the amount allowed for 
total project costs from $100,000 to $200,000.

List of Subjects in 7 CFR Part 1783

    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, Watersheds.

    Accordingly, for reasons set forth in the preamble, 7 CFR part 1783 
is amended as follows:

PART 1783--REVOLVING FUNDS FOR FINANCING WATER AND WASTEWATER 
PROJECTS (REVOLVING FUND PROGRAM)

0
1. The authority citation for part 1783 continues to read as follows:

    Authority: 7 U.S.C. 1926 (a)(2)(B).

Subpart C--Revolving Fund Program Loans

0
2. Amend Sec.  1783.15 by revising paragraph (a)(3) to read as follows:


Sec.  1783.15  What are the terms of RFP loans?

    (a) * * *
    (3) Shall not exceed the lesser of $200,000 or 75 percent of the 
total cost of a project. The total outstanding balance for all loans 
under this program to any one entity shall not exceed $200,000.
* * * * *

Christopher A. McLean,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2021-05418 Filed 3-16-21; 8:45 am]
BILLING CODE 3410-15-P