Single Family Housing Section 502 Guaranteed Loan Program, 48031-48035 [2023-15759]
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48031
Rules and Regulations
Federal Register
Vol. 88, No. 142
Wednesday, July 26, 2023
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.
Communications Branch, Single Family
Housing Guaranteed Loan Division,
Rural Development, U.S. Department of
Agriculture, Email: laurie.mohr@
usda.gov; Phone: (314) 679–6917.
SUPPLEMENTARY INFORMATION:
The Code of Federal Regulations is sold by
the Superintendent of Documents.
Authority
DEPARTMENT OF AGRICULTURE
Title V, section 502 of the Housing
Act of 1949, as amended; 42 U.S.C.
1472.
Rural Housing Service
Background
7 CFR Part 3555
Single Family Housing Section 502
Guaranteed Loan Program
Rural Housing Service, USDA.
Announcement of pilot
programs.
AGENCY:
ACTION:
The Rural Housing Service
(RHS or the Agency), a Rural
Development (RD) agency of the United
States Department of Agriculture
(USDA), is announcing the
implementation of two pilot programs
for the Section 502 Single Family
Housing Guaranteed Loan Program
(SFHGLP), which are the Tribal
Property Valuation Pilot Program and
the Tribal Rehabilitation Pilot Program.
Both pilot programs will provide
flexible options for obtaining financing
on tribal lands, one with a flexible
appraisal option and the other
permitting rehabilitation loans for
homeowners. The Agency’s intention is
to evaluate the existing regulations,
expand opportunities for economic
development, and improve the quality
of life in rural tribal communities.
Details about these two pilot programs
are provided in this notification.
DATES: The effective date of the two
pilot programs is July 26, 2023. The
duration of both pilot programs is
anticipated to continue until July 28,
2025, at which time the RHS may
extend the pilot programs (with or
without modifications) or terminate
them depending on the workload and
resources needed to administer the
programs, feedback from the public, and
the effectiveness of the programs. RHS
will notify the public if the pilot
programs are extended or terminated.
FOR FURTHER INFORMATION CONTACT: For
general information about the pilot
programs, contact Laurie Mohr, Finance
and Loan Analyst, Policy, Analysis, and
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SUMMARY:
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The RHS is committed to helping
improve the economy and quality of life
in rural areas by offering a variety of
programs. The Agency offers loans,
grants, and loan guarantees to help
create jobs, expand economic
development, and provide critical
infrastructure investments. RHS also
provides technical assistance loans and
grants by partnering with agricultural
producers, cooperatives, Indian tribes,
non-profits, and other local, state, and
Federal agencies.
Affordable housing is essential to the
vitality of communities in rural
America. RHS’s Single Family Housing
Programs give families and individuals
the opportunity to purchase, build,
repair their existing home, or to
refinance their current mortgage under
certain criteria. Eligibility for these
loans, loan guarantees, or grants is based
on income, which varies according to
the average median income for each
eligible rural area. Through various
program options, RHS offers qualifying
individuals and families the
opportunity to purchase or build a new
single family home with no money
down, to repair their existing home, or
to refinance their current mortgage
under certain qualifying circumstances.
There are also programs to assist nonprofit entities in their efforts to provide
new homes or home repair to qualifying
individuals and families. One such
program is the Section 502 Guaranteed
Loan Program, implemented under 7
CFR part 3555, which provides a 90%
loan note guarantee to approved lenders
which are intended to assist low- and
moderate-income households with the
opportunity to own adequate, modest,
decent, safe, and sanitary dwellings as
their primary residence in eligible rural
areas.
The SFHGLP offers applicants
without sufficient resources to provide
the necessary housing on their own
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account, and unable to secure the credit
necessary for such housing from other
sources upon terms and conditions,
which the applicant can reasonably be
expected to fulfill without the
guarantee, an opportunity to acquire,
build, rehabilitate, improve, or relocate
dwellings in rural areas. Eligible
applicants may purchase, build,
rehabilitate, improve, or relocate a
dwelling in an eligible rural area.
Applicant eligibility for this program is
determined by an approved lender.
The RHS is exploring ways the
SFHGLP may be able to assist in
breaking down barriers in lending on
tribal land. One such way is to use its
statutory authority to authorize limited
demonstration programs (i.e., pilot
programs) as allowed by law. The
objective of these pilot programs is to
test new approaches to offering housing
under the statutory authority granted to
the Secretary, as set forth in 7 CFR
3555.2(b) (Demonstration programs).
Such demonstration programs may not
be consistent with some of the
provisions contained in 7 CFR part
3555. However, any SFHGLP
requirements that are statutory will
remain in effect. These pilot programs
are intended to assist more eligible very
low to moderate income applicants
seeking to purchase or rehabilitate
affordable housing on tribal land. This
notification outlines two new pilot
programs under the Section 502
SFHGLP, the Tribal Property Valuation
Pilot Program and the Tribal
Rehabilitation Pilot Program.
Issues in Lending on Tribal Land
Native American stakeholders have
identified significant barriers regarding
mortgage lending on tribal land. These
include obtaining accurate and fair
priced appraisals and being able to
secure funds to improve a dwelling even
when the dwelling is owned without
any encumbrances.
With the unique aspects of real estate
located on tribal land, it has become
increasingly difficult to secure a
traditional appraisal that is both
accurate and completed at a reasonable
price. There are very few local
appraisers and lenders are forced to hire
appraisers from different counties, and
sometimes different states, to complete
appraisal reports. These appraisals often
yield reports that are very expensive
and frequently completed by
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individuals that are unfamiliar with the
local market area. The local market area
will have few or no comparable housing
units. The result can be an appraisal
report that is not accurate, with a value
that is not reflective of the true property
value, or the report is not completed to
industry standards. The Tribal Property
Valuation Pilot Program intends to
provide more individuals the ability to
purchase homes on tribal lands by
allowing an alternative appraisal option
to obtain the value of the property.
On tribal lands, it is typical to hand
down dwellings from one generation to
another and many of these dwellings
need extensive renovations. In many
situations, the property does not have
liens. Over time, many of these homes
require substantial repairs or
restoration. The current SFHGLP
regulations do not allow RHS to finance
these properties unless the applicant
was to purchase the property, instead of
inheriting the home, or unless they
currently have an existing Single Family
Housing Guaranteed Loan.
The National Congress of American
Indians (NCAI) 1 estimates that 40% of
housing on tribal land is considered
substandard, with less than 50%
connected to public sewer systems and
16% lacking indoor plumbing. The U.S.
Department of Health and Human
Services 2 reported that as of 2019, an
estimated 5.7 million people living in
the United States are American Indian
and/or Alaska Native, with
approximately 22% living on tribal
land. The median household income for
American Indian and Alaska Native
families is $46,906, compared to
$71,664 for non-Hispanic white
households. According to the World
Population Review, 33 percent of all
Native Americans live in poverty.3
Consequently, many live in homes on
tribal lands that are overcrowded and in
poor condition.
These statistics show there is a
significant need for affordable financial
resources to be made available to
improve housing conditions on tribal
land. Currently, the SFHGLP can assist
with purchase transactions on tribal
land, which may provide funding for
repairs at acquisition. The SFHGLP,
however, cannot assist those that
already own their own home on tribal
land. The Tribal Rehabilitation Pilot
Program intends to help those that
1 https://www.ncai.org/policy-issues/economicdevelopment-commerce/housing-infrastructure.
2 https://minorityhealth.hhs.gov/omh/browse.
aspx?lvl=3&lvlid=62.
3 Native American Issues Today | Current
Problems & Struggles 2022—https://
www.powwows.com/issues-and-problems-facingnative-americans-today/.
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currently own a home without
encumbrances and need to make
improvements to ensure these
individuals have adequate and safe
housing for their families on tribal land.
These pilot programs will provide
additional flexibility in lending on tribal
lands. One pilot program offers an
alternative appraisal option and the
other offers funding to rehabilitate
homes owned without liens or
encumbrances that will facilitate
additional homeownership
opportunities and allow others to
remain in improved and safer homes on
tribal land.
Discussion of the Two Pilot Programs
(1) Tribal Property Valuation Pilot
Program
The implementation of the Tribal
Property Valuation pilot program is an
alternative approach to obtain values
when providing financing in remote
rural properties on tribal lands.
Currently, the SFHGLP regulation at 7
CFR 3555.107(d) (Appraisals) requires
the lender to ‘‘supply a current
appraisal report of the property for
which the guarantee is requested.’’
Furthermore, 7 CFR 3555.107(d)(6)
(Appraisals) specifies that the ‘‘[u]se of
an alternative approach to value for
appraisals performed in remote rural
areas, on tribal lands, or where a lack of
market activity exists may be accepted
at the Agency’s discretion.’’ Qualified
appraisers that understand and are in
close proximity to tribal land in rural
areas are limited. This forces lenders to
often use appraisers that must travel
long distances. Many times, the
appraisal report will cost substantially
more, and, in some cases, the appraiser
will not be familiar with the local
market which will affect the accuracy of
the appraisal report itself.
Typically, Tribally Designated
Housing Entities (TDHE), Tribal
Housing Authorities (THA), Tribal
Housing Programs, and other tribal
organizations have experience
determining property values,
adjustments, satisfactory comparables,
cost of improvements, etc. on tribal
land. Many Tribes have established
relationships with appraisers that are
familiar with their market area and
trends, however many times travel is
required to complete a traditional
appraisal report. Additionally, the
Agency has appraisal staff who are
familiar with lending on tribal land.
Building partnerships between Rural
Development programs and appraisal
staff, lenders, tribal organizations, and
appraisers to develop a method to
obtain accurate appraisals on tribal land
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would eliminate a significant barrier in
tribal mortgage lending and provide a
path to increase affordable
homeownership opportunities for tribal
members. The alternative method would
be a desktop appraisal, as explained in
the eligibility requirements section of
this notification.
(i) Eligibility Requirements. Approved
lenders in the SFHGLP do not require
additional approval to participate in this
pilot program. Under 7 CFR
3555.107(d)(6), (Appraisals) the ‘‘[u]se
of an alternative approach to value for
appraisals performed in remote rural
areas, on tribal lands, or where a lack of
market activity exists may be accepted
at the Agency’s discretion.’’ This pilot
program will allow lenders to provide
property information obtained from a
qualified entity to either a qualified
appraiser or the Agency for review and
completion of a desktop appraisal to
accurately determine the appraised
value of properties located on tribal
land. To be eligible for financing under
the Tribal Property Valuation Pilot
Program, all program requirements of 7
CFR part 3555 must be met, with the
following exceptions and/or
considerations:
(A) property must be located on tribal
land;
(B) property must meet the existing
dwelling property standards and new
construction inspection requirements
described in 7 CFR 3555.202 (Dwelling
requirements);
(C) the site must have acceptable
water and wastewater disposal systems
to ensure the property is decent, safe,
sanitary, and meets community
standards. Inspections of private water
and wastewater disposal systems are
required in accordance with 7 CFR
3555.201 (Site requirements);
(D) fees charged by the qualified
entity providing the property
documentation required to complete the
appraisal constitute an eligible loan cost
under 7 CFR 3555.101(b) (Eligible
costs); and
(E) the applicant(s) and property must
meet all other criteria set forth in 7 CFR
part 3555.
(ii) Desktop Appraisals. Based on the
availability of qualified appraisers, the
lender may use one of the following two
options to obtain a desktop appraisal on
tribal land:
Option 1—When a qualified appraiser
is readily available to complete a
desktop appraisal, at reasonable terms,
the following process will be used:
(A) A qualified entity, as determined
by the lender and appraiser, will
provide all required property
documentation to the lender for
consideration. Examples of qualified
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entities include TDHE, THA, or other
entities familiar with housing
construction, repair, and conditions on
tribal lands. Documentation provided by
a party who has a financial interest in
the sale of the property may be accepted
if the appraiser verifies such data from
a disinterested source.
(B) The lender will submit the
required property *documentation to
the appraiser for review. The appraiser
will review the documentation provided
by the lender and determine if the
information is accurate, reliable, and
sufficient to produce a creditable report.
(C) Once all necessary information
has been received, the appraiser will
complete a desktop appraisal. Upon
completion, the appraisal will be
provided to the lender for review and
acceptance. The appraisal will be
included in the complete loan
application package submitted to Rural
Development for a Conditional
Commitment request.
(D) If the lender determines this
option is not available, they may use
option two.
Option 2—When the lender
determines a qualified appraiser is not
readily available to complete a desktop
appraisal at reasonable terms, a Rural
Development Staff Appraiser will
become involved, and the following
process will be used:
(A) A qualified entity, as determined
by the lender and concurred with by
Rural Development, will provide all
required property documentation to the
lender for consideration. Documentation
provided by a party who has a financial
interest in the sale or financing of the
property may be accepted if the Rural
Development Staff Appraiser verifies
such data from a disinterested source.
(B) The lender will submit the
required property *documentation to
Rural Development for review. The
Rural Development Staff Appraiser will
review the documentation provided by
the lender and determine if the
information is accurate, reliable, and
sufficient to produce a creditable report.
Once all necessary information has been
received, the Rural Development Staff
Appraiser will complete a desktop
appraisal.
(C) When an approved lender needs to
use RD for the desktop appraisal, they
will email SFH.GLPDTA@USDA.GOV
with their lender name, lender number,
contact name, phone number, email
address, and property address. A staff
member from the Agency will complete
the request for the appraisal division to
complete a desktop appraisal for the
transaction on tribal land. The request
will be placed on the national
SharePoint for appraisal requests to be
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completed by the RD team of staff
appraisers. The RD appraisal division
uses SharePoint to track all appraisal
requests and will forward a request out
to the lender with all items needed. The
appraisal will be completed with USDA
identified as the client.
(D) Upon completion, a copy of the
appraisal prepared for Rural
Development will be provided to the
lender and the Policy, Analysis and
Communication (PAC) Branch. The
lender will have the appraisal available
to submit with the rest of the file to the
Origination and Processing Division
(OPD) in the complete loan application
package for a Conditional Commitment
request.
(iii) *Documentation. At a minimum,
include the following, as applicable:
(A) address of property;
(B) legal description;
(C) assessor data from local website;
(D) status of utilities (present, working
condition, etc.);
(E) site plan-approximate well and
septic location;
(F) all property structures and any
improvements;
(G) copy of floor plan with exterior
dimensions and approximate interior
walls;
(H) purchase agreement;
(I) seller disclosure statement;
(J) copy of specifications, including
materials list for construction and
interior finishes (for new constructions);
(K) scope of rehabilitation/repairs to
be completed;
(L) copy of specifications including
materials list for repairs and interior
finishes;
(M) copy of land leases;
(N) photos of site and street providing
access to the site;
(O) prior appraisal assignment results
if available;
(P) photos of existing home; exterior
front and back, interior photos of each
room, interior and exterior photo repair,
and rehabilitation items necessary;
(Q) street providing access;
(R) any information deemed relevant
to accurately value the property.
(iv) Submission to the Agency. These
guaranteed loan applications must be
manually underwritten; however, the
documents may be uploaded through
Guaranteed Underwriting System
(GUS). A job aid for this type of
submission is available in our USDA
LINC Training and Resources Library in
the ‘‘Loan Origination’’ menu at the
following link: https://
www.rd.usda.gov/resources/usda-linctraining-resource-library/loanorigination. Use of the job aid is
optional and not required. The lender
will use the Lender Loan Closing (LLC)
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system to load the loan closing
documents.
When option 2 is utilized, thus the
appraisal is prepared by Rural
Development, the requirements of 7 CFR
3555.108(d)(1)(iv) will be waived. All
other requirements of 7 CFR
3555.108(d)(1) remain in effect. In all
instances, the lender remains
responsible for the accuracy of the
property documentation provided to
complete the appraisal and to ensure
compliance with all investor
requirements that may apply.
Please be aware investors may require
a note be made at loan delivery that a
desktop appraisal was used as the
appraisal method in the mortgage
transaction. The lender is responsible
for ensuring all investor requirements
are met.
(2) Tribal Rehabilitation Pilot Program
The implementation of the Tribal
Rehabilitation pilot program is intended
to focus on providing a rehabilitation
loan program for homes free of
encumbrances on tribal lands. The
Agency is proposing to provide loan
funds to finance renovations of an
existing home without being part of an
acquisition, provided the property is on
tribal land. Consistent with the statute,
the SFHGLP regulation 7 CFR
3555.101(a) (Eligible purposes)
identifies the following eligible
purposes which loan funds may be
utilized for: (1) the construction or
purchase of a new dwelling; (2) the cost
of acquisition of an existing dwelling;
(3) the cost of repairs associated with
the acquisition of an existing dwelling;
or (4) acquisition and relocation of an
existing dwelling.
In addition, 7 CFR 3555.101(d)
(Refinancing) authorizes utilizing loan
funds for refinancing transactions, in
limited circumstances, however funding
for repairs associated with a refinance
transaction is not permitted.
With many homes on tribal lands
being passed on from one generation to
the next, many of these homes need
renovations to make them safe and bring
them up to current codes. Additionally,
many of these properties are free of
encumbrances, which would enable this
pilot to benefit many homes on tribal
lands. The pilot program will allow
individuals to remain in safe and
improved housing on tribal lands and
improve their quality of life.
(i) Eligibility Requirements. Approved
lenders in the SFHGLP do not require
additional approval to participate in this
pilot program. The regulation at 7 CFR
3555.101(a) (Eligible purposes) allows
the cost of repairs associated with the
acquisition of an existing dwelling.
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Since the inception of the program, the
SFHGLP has restricted loan funds from
being used to finance solely the
rehabilitation of an existing home,
without being part of an acquisition.
Since many properties on tribal land
need significant rehabilitation, this pilot
program will allow loan funds to be
utilized to finance repairs to existing
dwellings located on tribal land that are
owned and are free of encumbrances.
To be eligible for financing under the
pilot, all program requirements of 7 CFR
part 3555 must be met, with the
following exceptions and/or
considerations:
(A) The home must be located on
tribal land;
(B) The home must be owned by the
proposed applicant(s), with no
outstanding mortgages encumbering or
other liens on the property;
(C) The guaranteed loan must have
first lien position at closing. The
acceptable lien position requirements
outlined in 7 CFR 3555.204 (Security
requirements) apply for the purpose of
this pilot program;
(D) The transaction will be considered
as a ‘‘purchase’’ transaction;
(F) The loan amount cannot exceed
the as-improved appraised value of the
property, only to the extent that the
excess represents the financed guarantee
fee;
(G) Additional guidance on appraisal
requirements may be found in 7 CFR
3555.107(d) (Appraisals);
(H) Property and construction
requirements described in 7 CFR
3555.105 (Combination construction
and permanent loans) apply;
(I) The site must have acceptable
water and wastewater disposal systems
to ensure the property is decent, safe,
sanitary, and meets community
standards.
(J) Inspections of private water and
wastewater disposal systems are
required in accordance with 7 CFR
3555.201(b) (Site standards);
(K) Upon completion of the repairs,
the home must meet the minimum
property requirements of Department of
Housing and Urban Development (HUD)
Handbook 4000.1;
(L) Properties must have adequate
hazard insurance on the collateral to
protect against fire and weather-related
damage (7 CFR 3555.252(b) (Payment of
taxes and insurance), and an escrow
account for property taxes (if applicable)
and hazard insurance will be
maintained by the lender.
(M) Manufactured home
requirements.
(1) Repairs to existing manufactured
homes constitute an eligible loan
purpose under the pilot program when
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the requirements of 7 CFR 3555.208 are
met, including: The manufactured home
was constructed on or after January 1,
2006; in conformance with the Federal
Manufactured Home Construction and
Safety Standards (FMHCSS), as
evidenced by an affixed Housing and
Urban Development (HUD) Data Plate
and Certification Label.
(2) The unit inspection is required
using one of the following two methods:
Option 1—Form HUD–309, ‘‘HUD
Manufactured Home Installation
Certification and Verification Report,’’
completed in accordance with 24 CFR
3286.507(b) by a party qualified as
required by 7 CFR 3286.511 such as: a
manufactured home or residential
building inspector employed by the
local authority having jurisdiction over
the site of the home, provided that the
jurisdiction has a residential code
enforcement program; a professional
engineer; a registered architect; a HUDaccepted Production Inspection Primary
Inspection Agency (IPIA) or a Design
Approval Primary Inspection Agency
(DAPIA), or an International Code
Council (ICC) certified Inspector.
Option 2—Obtain a certification that
the foundation design meets the
requirements of either HUD Handbook
4930.3G or HUD Publication 7584,
which updated and revised the pre-1996
version of HUD Handbook 4930.3G,
‘‘Permanent Foundations Guide for
Manufactured Housing (PFGMH).’’
Certifications referencing either
Publication 7584 or Handbook 4930.3G
are acceptable. The foundation
certification must be from a licensed
professional engineer, or registered
architect, who is licensed/registered in
the state where the manufactured home
is located and must attest to compliance
with current guidelines of the PFGMH.
The certification must be site specific
and contain the engineer’s or registered
architect’s signature, seal and/or state
license/certification number. This
certification can take place of Form
HUD–309.
(3) The unit must not have had any
alterations or modifications to it since
construction in the factory, except for
porches, decks or other structures which
were built to engineered designs or were
approved and inspected by local code
officials.
(4) The unit must not have been
previously installed on a different
homesite.
(5) The unit must have a floor area of
not less than 400 square feet.
(6) The unit must meet the Comfort
Heating and Cooling Certificate Uo
(coefficient of heat transmission) Value
Zone for the location.
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(7) The towing hitch and running gear
must have been removed.
(8) The manufactured home must be
classified and taxed (if applicable) as
real estate.
(9) The remaining economic life of the
property must meet or exceed the 30year term of the proposed loan.
(N) The applicant(s) and property
must meet all other criteria set forth in
7 CFR part 3555. Loan servicing will be
conducted in accordance with 7 CFR
part 3555.
(ii) Submission to the Agency. These
Guaranteed loan applications must be
manually underwritten; however, the
documents may be uploaded through
GUS. A job aid for this type of
submission is available in our USDA
LINC Training and Resources Library in
the ‘‘Loan Origination’’ tab or directly
here: https://www.rd.usda.gov/
resources/usda-linc-training-resourcelibrary/loan-origination. Use of the job
aid is optional and not required.
The lender will use the Lender Loan
Closing (LLC) system to load the loan
closing documents. The Loan Note
Guarantee will be issued prior to the
completion of the repairs. Once the
repairs are completed, the lender is
responsible to go back in the LLC
System and complete the Lender
Administration Page. A job aid for this
task is available in our USDA LINC
Training and Resources Library in the
‘‘Loan Closing’’ tab or directly here:
https://www.rd.usda.gov/resources/
usda-linc-training-resource-library/loanclosing. Use of the job aid is optional
and not required.
Paperwork Reduction Act
The regulatory waivers for this pilot
program contain no new reporting or
recordkeeping burdens under Office of
Management and Budget (OMB) control
number 0575–0179 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 laws and USDA civil rights
regulations and policies, the USDA, its
Mission Areas, agencies, staff 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, family/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
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funded by USDA (not all bases apply to
all programs). Remedies and complaint
filing deadlines vary by program or
incident.
Program information may be made
available in languages other than
English. Persons with disabilities who
require alternative means of
communication to obtain program
information (e.g., Braille, large print,
audiotape, American Sign Language)
should contact the responsible Mission
Area, agency, or staff office; the USDA
TARGET Center at (202) 720–2600
(voice and TTY); or the Federal Relay
Service at 711.
To file a program discrimination
complaint, a complainant should
complete a Form AD–3027, USDA
Program Discrimination Complaint
Form, which can be obtained online at
https://www.ascr.usda.gov/complaint_
filing_cust.html, from any USDA office,
by calling (866) 632–9992, or by writing
a letter addressed to USDA. The letter
must contain the complainant’s name,
address, telephone number, and a
written description of the alleged
discriminatory action in sufficient detail
to inform the Assistant Secretary for
Civil Rights (ASCR) about the nature
and date of an alleged civil rights
violation. The completed AD–3027 form
or letter must be submitted to USDA by:
(1) Mail: U.S. Department of
Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400
Independence Avenue, Washington, DC
20250–9410; or
(2) Fax: (833) 256–1665 or (202) 690–
7442; or
(3) Email: Program.Intake@usda.gov.
Cathy Glover,
Acting Administrator, Rural Housing Service,
Rural Development, USDA.
[FR Doc. 2023–15759 Filed 7–25–23; 8:45 am]
BILLING CODE 3410–XV–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE–2019–BT–TP–0026]
RIN 1904–AE60
Energy Conservation Program: Test
Procedure for Dehumidifiers
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
lotter on DSK11XQN23PROD with RULES1
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) is amending its test
procedure for dehumidifiers to reference
the current version of an applicable
SUMMARY:
VerDate Sep<11>2014
17:11 Jul 25, 2023
Jkt 259001
industry standard; change the rating test
period to be two hours; permit the use
of sampling trees in conjunction with an
aspirating psychrometer or relative
humidity sensor; and provide additional
specification for testing dehumidifiers
with network capabilities. This
rulemaking fulfills DOE’s obligation to
review its test procedures for covered
products at least once every seven years.
DATES: The effective date of this rule is
August 25, 2023. The amendments will
be mandatory for product testing
starting January 22, 2024.
The incorporation by reference of
certain material listed in this rule is
approved by the Director of the Federal
Register on August 25, 2023. The
incorporation by reference of certain
other materials listed in this rule were
approved by the Director of the Federal
Register as of April 6, 2012 and August
31, 2015.
ADDRESSES: The docket, which includes
Federal Register notices, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials, is available for
review at www.regulations.gov. All
documents in the docket are listed in
the www.regulations.gov index.
However, not all documents listed in
the index may be publicly available,
such as those containing information
that is exempt from public disclosure.
A link to the docket web page can be
found at www.regulations.gov/docket/
EERE-2019-BT-TP-0026. The docket
web page contains instructions on how
to access all documents, including
public comments, in the docket.
For further information on how to
review the docket contact the Appliance
and Equipment Standards Program staff
at (202) 287–1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
FOR FURTHER INFORMATION CONTACT:
Dr. Carl Shapiro, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 287–
5649. Email: carl.shapiro@ee.doe.gov.
Mr. Peter Cochran, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 586–9496. Email:
Peter.Cochran@hq.doe.gov.
SUPPLEMENTARY INFORMATION: DOE
maintains previously approved
incorporations by reference and
incorporates by reference the following
industry standard into part 430:
AHAM Standard DH–1–2022, Energy
Measurement Test Procedure for
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
48035
Dehumidifiers, copyright 2022 (‘‘AHAM
DH–1–2022’’).
A copy of AHAM DH–1–2022 can be
obtained from the Association of Home
Appliance Manufacturers (‘‘AHAM’’),
1111 19th Street NW, Suite 402,
Washington, DC 20036, (202) 872–5955;
or www.aham.org.
For a further discussion of this
standard, see section IV.N of this
document.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. General Comments
B. Scope of Applicability
1. Dehumidifier Configuration Definitions
2. Non-Residential Dehumidifiers
3. Dehumidifiers With External Heat
Rejection
C. Test Procedure
1. Relevant Industry Standard
2. Updates to Industry Standards
3. Run-In and Pre-Stabilization Periods
4. Variable-Speed Dehumidifiers
5. Test Duration
6. Psychrometer Setup and Instrumentation
7. Whole-Home Dehumidifiers
8. Network Functions
9. Removal of Appendix X
D. Test Procedure Costs
1. Reduced Test Period
2. Sampling Tree
3. Other Amendments
E. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866
and 13563
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal
Energy Administration Act of 1974
M. Congressional Notification
N. Description of Materials Incorporated by
Reference
V. Approval of the Office of the Secretary
I. Authority and Background
Dehumidifiers are included in the list
of ‘‘covered products’’ for which DOE is
authorized to establish and amend
energy conservation standards and test
procedures. (42 U.S.C. 6293(b)(13); 42
U.S.C. 6295(cc)) DOE’s energy
conservation standards and test
procedures for dehumidifiers are
E:\FR\FM\26JYR1.SGM
26JYR1
Agencies
[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Rules and Regulations]
[Pages 48031-48035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15759]
========================================================================
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.
========================================================================
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 /
Rules and Regulations
[[Page 48031]]
DEPARTMENT OF AGRICULTURE
Rural Housing Service
7 CFR Part 3555
Single Family Housing Section 502 Guaranteed Loan Program
AGENCY: Rural Housing Service, USDA.
ACTION: Announcement of pilot programs.
-----------------------------------------------------------------------
SUMMARY: The Rural Housing Service (RHS or the Agency), a Rural
Development (RD) agency of the United States Department of Agriculture
(USDA), is announcing the implementation of two pilot programs for the
Section 502 Single Family Housing Guaranteed Loan Program (SFHGLP),
which are the Tribal Property Valuation Pilot Program and the Tribal
Rehabilitation Pilot Program. Both pilot programs will provide flexible
options for obtaining financing on tribal lands, one with a flexible
appraisal option and the other permitting rehabilitation loans for
homeowners. The Agency's intention is to evaluate the existing
regulations, expand opportunities for economic development, and improve
the quality of life in rural tribal communities. Details about these
two pilot programs are provided in this notification.
DATES: The effective date of the two pilot programs is July 26, 2023.
The duration of both pilot programs is anticipated to continue until
July 28, 2025, at which time the RHS may extend the pilot programs
(with or without modifications) or terminate them depending on the
workload and resources needed to administer the programs, feedback from
the public, and the effectiveness of the programs. RHS will notify the
public if the pilot programs are extended or terminated.
FOR FURTHER INFORMATION CONTACT: For general information about the
pilot programs, contact Laurie Mohr, Finance and Loan Analyst, Policy,
Analysis, and Communications Branch, Single Family Housing Guaranteed
Loan Division, Rural Development, U.S. Department of Agriculture,
Email: [email protected]; Phone: (314) 679-6917.
SUPPLEMENTARY INFORMATION:
Authority
Title V, section 502 of the Housing Act of 1949, as amended; 42
U.S.C. 1472.
Background
The RHS is committed to helping improve the economy and quality of
life in rural areas by offering a variety of programs. The Agency
offers loans, grants, and loan guarantees to help create jobs, expand
economic development, and provide critical infrastructure investments.
RHS also provides technical assistance loans and grants by partnering
with agricultural producers, cooperatives, Indian tribes, non-profits,
and other local, state, and Federal agencies.
Affordable housing is essential to the vitality of communities in
rural America. RHS's Single Family Housing Programs give families and
individuals the opportunity to purchase, build, repair their existing
home, or to refinance their current mortgage under certain criteria.
Eligibility for these loans, loan guarantees, or grants is based on
income, which varies according to the average median income for each
eligible rural area. Through various program options, RHS offers
qualifying individuals and families the opportunity to purchase or
build a new single family home with no money down, to repair their
existing home, or to refinance their current mortgage under certain
qualifying circumstances. There are also programs to assist non-profit
entities in their efforts to provide new homes or home repair to
qualifying individuals and families. One such program is the Section
502 Guaranteed Loan Program, implemented under 7 CFR part 3555, which
provides a 90% loan note guarantee to approved lenders which are
intended to assist low- and moderate-income households with the
opportunity to own adequate, modest, decent, safe, and sanitary
dwellings as their primary residence in eligible rural areas.
The SFHGLP offers applicants without sufficient resources to
provide the necessary housing on their own account, and unable to
secure the credit necessary for such housing from other sources upon
terms and conditions, which the applicant can reasonably be expected to
fulfill without the guarantee, an opportunity to acquire, build,
rehabilitate, improve, or relocate dwellings in rural areas. Eligible
applicants may purchase, build, rehabilitate, improve, or relocate a
dwelling in an eligible rural area. Applicant eligibility for this
program is determined by an approved lender.
The RHS is exploring ways the SFHGLP may be able to assist in
breaking down barriers in lending on tribal land. One such way is to
use its statutory authority to authorize limited demonstration programs
(i.e., pilot programs) as allowed by law. The objective of these pilot
programs is to test new approaches to offering housing under the
statutory authority granted to the Secretary, as set forth in 7 CFR
3555.2(b) (Demonstration programs). Such demonstration programs may not
be consistent with some of the provisions contained in 7 CFR part 3555.
However, any SFHGLP requirements that are statutory will remain in
effect. These pilot programs are intended to assist more eligible very
low to moderate income applicants seeking to purchase or rehabilitate
affordable housing on tribal land. This notification outlines two new
pilot programs under the Section 502 SFHGLP, the Tribal Property
Valuation Pilot Program and the Tribal Rehabilitation Pilot Program.
Issues in Lending on Tribal Land
Native American stakeholders have identified significant barriers
regarding mortgage lending on tribal land. These include obtaining
accurate and fair priced appraisals and being able to secure funds to
improve a dwelling even when the dwelling is owned without any
encumbrances.
With the unique aspects of real estate located on tribal land, it
has become increasingly difficult to secure a traditional appraisal
that is both accurate and completed at a reasonable price. There are
very few local appraisers and lenders are forced to hire appraisers
from different counties, and sometimes different states, to complete
appraisal reports. These appraisals often yield reports that are very
expensive and frequently completed by
[[Page 48032]]
individuals that are unfamiliar with the local market area. The local
market area will have few or no comparable housing units. The result
can be an appraisal report that is not accurate, with a value that is
not reflective of the true property value, or the report is not
completed to industry standards. The Tribal Property Valuation Pilot
Program intends to provide more individuals the ability to purchase
homes on tribal lands by allowing an alternative appraisal option to
obtain the value of the property.
On tribal lands, it is typical to hand down dwellings from one
generation to another and many of these dwellings need extensive
renovations. In many situations, the property does not have liens. Over
time, many of these homes require substantial repairs or restoration.
The current SFHGLP regulations do not allow RHS to finance these
properties unless the applicant was to purchase the property, instead
of inheriting the home, or unless they currently have an existing
Single Family Housing Guaranteed Loan.
The National Congress of American Indians (NCAI) \1\ estimates that
40% of housing on tribal land is considered substandard, with less than
50% connected to public sewer systems and 16% lacking indoor plumbing.
The U.S. Department of Health and Human Services \2\ reported that as
of 2019, an estimated 5.7 million people living in the United States
are American Indian and/or Alaska Native, with approximately 22% living
on tribal land. The median household income for American Indian and
Alaska Native families is $46,906, compared to $71,664 for non-Hispanic
white households. According to the World Population Review, 33 percent
of all Native Americans live in poverty.\3\ Consequently, many live in
homes on tribal lands that are overcrowded and in poor condition.
---------------------------------------------------------------------------
\1\ https://www.ncai.org/policy-issues/economic-development-commerce/housing-infrastructure.
\2\ https://minorityhealth.hhs.gov/omh/browse.aspx?lvl=3&lvlid=62.
\3\ Native American Issues Today [verbar] Current Problems &
Struggles 2022--https://www.powwows.com/issues-and-problems-facing-native-americans-today/.
---------------------------------------------------------------------------
These statistics show there is a significant need for affordable
financial resources to be made available to improve housing conditions
on tribal land. Currently, the SFHGLP can assist with purchase
transactions on tribal land, which may provide funding for repairs at
acquisition. The SFHGLP, however, cannot assist those that already own
their own home on tribal land. The Tribal Rehabilitation Pilot Program
intends to help those that currently own a home without encumbrances
and need to make improvements to ensure these individuals have adequate
and safe housing for their families on tribal land.
These pilot programs will provide additional flexibility in lending
on tribal lands. One pilot program offers an alternative appraisal
option and the other offers funding to rehabilitate homes owned without
liens or encumbrances that will facilitate additional homeownership
opportunities and allow others to remain in improved and safer homes on
tribal land.
Discussion of the Two Pilot Programs
(1) Tribal Property Valuation Pilot Program
The implementation of the Tribal Property Valuation pilot program
is an alternative approach to obtain values when providing financing in
remote rural properties on tribal lands. Currently, the SFHGLP
regulation at 7 CFR 3555.107(d) (Appraisals) requires the lender to
``supply a current appraisal report of the property for which the
guarantee is requested.'' Furthermore, 7 CFR 3555.107(d)(6)
(Appraisals) specifies that the ``[u]se of an alternative approach to
value for appraisals performed in remote rural areas, on tribal lands,
or where a lack of market activity exists may be accepted at the
Agency's discretion.'' Qualified appraisers that understand and are in
close proximity to tribal land in rural areas are limited. This forces
lenders to often use appraisers that must travel long distances. Many
times, the appraisal report will cost substantially more, and, in some
cases, the appraiser will not be familiar with the local market which
will affect the accuracy of the appraisal report itself.
Typically, Tribally Designated Housing Entities (TDHE), Tribal
Housing Authorities (THA), Tribal Housing Programs, and other tribal
organizations have experience determining property values, adjustments,
satisfactory comparables, cost of improvements, etc. on tribal land.
Many Tribes have established relationships with appraisers that are
familiar with their market area and trends, however many times travel
is required to complete a traditional appraisal report. Additionally,
the Agency has appraisal staff who are familiar with lending on tribal
land. Building partnerships between Rural Development programs and
appraisal staff, lenders, tribal organizations, and appraisers to
develop a method to obtain accurate appraisals on tribal land would
eliminate a significant barrier in tribal mortgage lending and provide
a path to increase affordable homeownership opportunities for tribal
members. The alternative method would be a desktop appraisal, as
explained in the eligibility requirements section of this notification.
(i) Eligibility Requirements. Approved lenders in the SFHGLP do not
require additional approval to participate in this pilot program. Under
7 CFR 3555.107(d)(6), (Appraisals) the ``[u]se of an alternative
approach to value for appraisals performed in remote rural areas, on
tribal lands, or where a lack of market activity exists may be accepted
at the Agency's discretion.'' This pilot program will allow lenders to
provide property information obtained from a qualified entity to either
a qualified appraiser or the Agency for review and completion of a
desktop appraisal to accurately determine the appraised value of
properties located on tribal land. To be eligible for financing under
the Tribal Property Valuation Pilot Program, all program requirements
of 7 CFR part 3555 must be met, with the following exceptions and/or
considerations:
(A) property must be located on tribal land;
(B) property must meet the existing dwelling property standards and
new construction inspection requirements described in 7 CFR 3555.202
(Dwelling requirements);
(C) the site must have acceptable water and wastewater disposal
systems to ensure the property is decent, safe, sanitary, and meets
community standards. Inspections of private water and wastewater
disposal systems are required in accordance with 7 CFR 3555.201 (Site
requirements);
(D) fees charged by the qualified entity providing the property
documentation required to complete the appraisal constitute an eligible
loan cost under 7 CFR 3555.101(b) (Eligible costs); and
(E) the applicant(s) and property must meet all other criteria set
forth in 7 CFR part 3555.
(ii) Desktop Appraisals. Based on the availability of qualified
appraisers, the lender may use one of the following two options to
obtain a desktop appraisal on tribal land:
Option 1--When a qualified appraiser is readily available to
complete a desktop appraisal, at reasonable terms, the following
process will be used:
(A) A qualified entity, as determined by the lender and appraiser,
will provide all required property documentation to the lender for
consideration. Examples of qualified
[[Page 48033]]
entities include TDHE, THA, or other entities familiar with housing
construction, repair, and conditions on tribal lands. Documentation
provided by a party who has a financial interest in the sale of the
property may be accepted if the appraiser verifies such data from a
disinterested source.
(B) The lender will submit the required property *documentation to
the appraiser for review. The appraiser will review the documentation
provided by the lender and determine if the information is accurate,
reliable, and sufficient to produce a creditable report.
(C) Once all necessary information has been received, the appraiser
will complete a desktop appraisal. Upon completion, the appraisal will
be provided to the lender for review and acceptance. The appraisal will
be included in the complete loan application package submitted to Rural
Development for a Conditional Commitment request.
(D) If the lender determines this option is not available, they may
use option two.
Option 2--When the lender determines a qualified appraiser is not
readily available to complete a desktop appraisal at reasonable terms,
a Rural Development Staff Appraiser will become involved, and the
following process will be used:
(A) A qualified entity, as determined by the lender and concurred
with by Rural Development, will provide all required property
documentation to the lender for consideration. Documentation provided
by a party who has a financial interest in the sale or financing of the
property may be accepted if the Rural Development Staff Appraiser
verifies such data from a disinterested source.
(B) The lender will submit the required property *documentation to
Rural Development for review. The Rural Development Staff Appraiser
will review the documentation provided by the lender and determine if
the information is accurate, reliable, and sufficient to produce a
creditable report. Once all necessary information has been received,
the Rural Development Staff Appraiser will complete a desktop
appraisal.
(C) When an approved lender needs to use RD for the desktop
appraisal, they will email [email protected] with their lender name,
lender number, contact name, phone number, email address, and property
address. A staff member from the Agency will complete the request for
the appraisal division to complete a desktop appraisal for the
transaction on tribal land. The request will be placed on the national
SharePoint for appraisal requests to be completed by the RD team of
staff appraisers. The RD appraisal division uses SharePoint to track
all appraisal requests and will forward a request out to the lender
with all items needed. The appraisal will be completed with USDA
identified as the client.
(D) Upon completion, a copy of the appraisal prepared for Rural
Development will be provided to the lender and the Policy, Analysis and
Communication (PAC) Branch. The lender will have the appraisal
available to submit with the rest of the file to the Origination and
Processing Division (OPD) in the complete loan application package for
a Conditional Commitment request.
(iii) *Documentation. At a minimum, include the following, as
applicable:
(A) address of property;
(B) legal description;
(C) assessor data from local website;
(D) status of utilities (present, working condition, etc.);
(E) site plan-approximate well and septic location;
(F) all property structures and any improvements;
(G) copy of floor plan with exterior dimensions and approximate
interior walls;
(H) purchase agreement;
(I) seller disclosure statement;
(J) copy of specifications, including materials list for
construction and interior finishes (for new constructions);
(K) scope of rehabilitation/repairs to be completed;
(L) copy of specifications including materials list for repairs and
interior finishes;
(M) copy of land leases;
(N) photos of site and street providing access to the site;
(O) prior appraisal assignment results if available;
(P) photos of existing home; exterior front and back, interior
photos of each room, interior and exterior photo repair, and
rehabilitation items necessary;
(Q) street providing access;
(R) any information deemed relevant to accurately value the
property.
(iv) Submission to the Agency. These guaranteed loan applications
must be manually underwritten; however, the documents may be uploaded
through Guaranteed Underwriting System (GUS). A job aid for this type
of submission is available in our USDA LINC Training and Resources
Library in the ``Loan Origination'' menu at the following link: https://www.rd.usda.gov/resources/usda-linc-training-resource-library/loan-origination. Use of the job aid is optional and not required. The
lender will use the Lender Loan Closing (LLC) system to load the loan
closing documents.
When option 2 is utilized, thus the appraisal is prepared by Rural
Development, the requirements of 7 CFR 3555.108(d)(1)(iv) will be
waived. All other requirements of 7 CFR 3555.108(d)(1) remain in
effect. In all instances, the lender remains responsible for the
accuracy of the property documentation provided to complete the
appraisal and to ensure compliance with all investor requirements that
may apply.
Please be aware investors may require a note be made at loan
delivery that a desktop appraisal was used as the appraisal method in
the mortgage transaction. The lender is responsible for ensuring all
investor requirements are met.
(2) Tribal Rehabilitation Pilot Program
The implementation of the Tribal Rehabilitation pilot program is
intended to focus on providing a rehabilitation loan program for homes
free of encumbrances on tribal lands. The Agency is proposing to
provide loan funds to finance renovations of an existing home without
being part of an acquisition, provided the property is on tribal land.
Consistent with the statute, the SFHGLP regulation 7 CFR 3555.101(a)
(Eligible purposes) identifies the following eligible purposes which
loan funds may be utilized for: (1) the construction or purchase of a
new dwelling; (2) the cost of acquisition of an existing dwelling; (3)
the cost of repairs associated with the acquisition of an existing
dwelling; or (4) acquisition and relocation of an existing dwelling.
In addition, 7 CFR 3555.101(d) (Refinancing) authorizes utilizing
loan funds for refinancing transactions, in limited circumstances,
however funding for repairs associated with a refinance transaction is
not permitted.
With many homes on tribal lands being passed on from one generation
to the next, many of these homes need renovations to make them safe and
bring them up to current codes. Additionally, many of these properties
are free of encumbrances, which would enable this pilot to benefit many
homes on tribal lands. The pilot program will allow individuals to
remain in safe and improved housing on tribal lands and improve their
quality of life.
(i) Eligibility Requirements. Approved lenders in the SFHGLP do not
require additional approval to participate in this pilot program. The
regulation at 7 CFR 3555.101(a) (Eligible purposes) allows the cost of
repairs associated with the acquisition of an existing dwelling.
[[Page 48034]]
Since the inception of the program, the SFHGLP has restricted loan
funds from being used to finance solely the rehabilitation of an
existing home, without being part of an acquisition. Since many
properties on tribal land need significant rehabilitation, this pilot
program will allow loan funds to be utilized to finance repairs to
existing dwellings located on tribal land that are owned and are free
of encumbrances.
To be eligible for financing under the pilot, all program
requirements of 7 CFR part 3555 must be met, with the following
exceptions and/or considerations:
(A) The home must be located on tribal land;
(B) The home must be owned by the proposed applicant(s), with no
outstanding mortgages encumbering or other liens on the property;
(C) The guaranteed loan must have first lien position at closing.
The acceptable lien position requirements outlined in 7 CFR 3555.204
(Security requirements) apply for the purpose of this pilot program;
(D) The transaction will be considered as a ``purchase''
transaction;
(F) The loan amount cannot exceed the as-improved appraised value
of the property, only to the extent that the excess represents the
financed guarantee fee;
(G) Additional guidance on appraisal requirements may be found in 7
CFR 3555.107(d) (Appraisals);
(H) Property and construction requirements described in 7 CFR
3555.105 (Combination construction and permanent loans) apply;
(I) The site must have acceptable water and wastewater disposal
systems to ensure the property is decent, safe, sanitary, and meets
community standards.
(J) Inspections of private water and wastewater disposal systems
are required in accordance with 7 CFR 3555.201(b) (Site standards);
(K) Upon completion of the repairs, the home must meet the minimum
property requirements of Department of Housing and Urban Development
(HUD) Handbook 4000.1;
(L) Properties must have adequate hazard insurance on the
collateral to protect against fire and weather-related damage (7 CFR
3555.252(b) (Payment of taxes and insurance), and an escrow account for
property taxes (if applicable) and hazard insurance will be maintained
by the lender.
(M) Manufactured home requirements.
(1) Repairs to existing manufactured homes constitute an eligible
loan purpose under the pilot program when the requirements of 7 CFR
3555.208 are met, including: The manufactured home was constructed on
or after January 1, 2006; in conformance with the Federal Manufactured
Home Construction and Safety Standards (FMHCSS), as evidenced by an
affixed Housing and Urban Development (HUD) Data Plate and
Certification Label.
(2) The unit inspection is required using one of the following two
methods:
Option 1--Form HUD-309, ``HUD Manufactured Home Installation
Certification and Verification Report,'' completed in accordance with
24 CFR 3286.507(b) by a party qualified as required by 7 CFR 3286.511
such as: a manufactured home or residential building inspector employed
by the local authority having jurisdiction over the site of the home,
provided that the jurisdiction has a residential code enforcement
program; a professional engineer; a registered architect; a HUD-
accepted Production Inspection Primary Inspection Agency (IPIA) or a
Design Approval Primary Inspection Agency (DAPIA), or an International
Code Council (ICC) certified Inspector.
Option 2--Obtain a certification that the foundation design meets
the requirements of either HUD Handbook 4930.3G or HUD Publication
7584, which updated and revised the pre-1996 version of HUD Handbook
4930.3G, ``Permanent Foundations Guide for Manufactured Housing
(PFGMH).'' Certifications referencing either Publication 7584 or
Handbook 4930.3G are acceptable. The foundation certification must be
from a licensed professional engineer, or registered architect, who is
licensed/registered in the state where the manufactured home is located
and must attest to compliance with current guidelines of the PFGMH. The
certification must be site specific and contain the engineer's or
registered architect's signature, seal and/or state license/
certification number. This certification can take place of Form HUD-
309.
(3) The unit must not have had any alterations or modifications to
it since construction in the factory, except for porches, decks or
other structures which were built to engineered designs or were
approved and inspected by local code officials.
(4) The unit must not have been previously installed on a different
homesite.
(5) The unit must have a floor area of not less than 400 square
feet.
(6) The unit must meet the Comfort Heating and Cooling Certificate
Uo (coefficient of heat transmission) Value Zone for the location.
(7) The towing hitch and running gear must have been removed.
(8) The manufactured home must be classified and taxed (if
applicable) as real estate.
(9) The remaining economic life of the property must meet or exceed
the 30-year term of the proposed loan.
(N) The applicant(s) and property must meet all other criteria set
forth in 7 CFR part 3555. Loan servicing will be conducted in
accordance with 7 CFR part 3555.
(ii) Submission to the Agency. These Guaranteed loan applications
must be manually underwritten; however, the documents may be uploaded
through GUS. A job aid for this type of submission is available in our
USDA LINC Training and Resources Library in the ``Loan Origination''
tab or directly here: https://www.rd.usda.gov/resources/usda-linc-training-resource-library/loan-origination. Use of the job aid is
optional and not required.
The lender will use the Lender Loan Closing (LLC) system to load
the loan closing documents. The Loan Note Guarantee will be issued
prior to the completion of the repairs. Once the repairs are completed,
the lender is responsible to go back in the LLC System and complete the
Lender Administration Page. A job aid for this task is available in our
USDA LINC Training and Resources Library in the ``Loan Closing'' tab or
directly here: https://www.rd.usda.gov/resources/usda-linc-training-resource-library/loan-closing. Use of the job aid is optional and not
required.
Paperwork Reduction Act
The regulatory waivers for this pilot program contain no new
reporting or recordkeeping burdens under Office of Management and
Budget (OMB) control number 0575-0179 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 laws and USDA civil rights
regulations and policies, the USDA, its Mission Areas, agencies, staff
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,
family/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
[[Page 48035]]
funded by USDA (not all bases apply to all programs). Remedies and
complaint filing deadlines vary by program or incident.
Program information may be made available in languages other than
English. Persons with disabilities who require alternative means of
communication to obtain program information (e.g., Braille, large
print, audiotape, American Sign Language) should contact the
responsible Mission Area, agency, or staff office; the USDA TARGET
Center at (202) 720-2600 (voice and TTY); or the Federal Relay Service
at 711.
To file a program discrimination complaint, a complainant should
complete a Form AD-3027, USDA Program Discrimination Complaint Form,
which can be obtained online at https://www.ascr.usda.gov/complaint_filing_cust.html, from any USDA office, by calling (866) 632-
9992, or by writing a letter addressed to USDA. The letter must contain
the complainant's name, address, telephone number, and a written
description of the alleged discriminatory action in sufficient detail
to inform the Assistant Secretary for Civil Rights (ASCR) about the
nature and date of an alleged civil rights violation. The completed AD-
3027 form or letter must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue, Washington, DC
20250-9410; or
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: [email protected].
Cathy Glover,
Acting Administrator, Rural Housing Service, Rural Development, USDA.
[FR Doc. 2023-15759 Filed 7-25-23; 8:45 am]
BILLING CODE 3410-XV-P