Department of Agriculture March 2008 – Federal Register Recent Federal Regulation Documents
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Woody Biomass Utilization Grant Award
The USDA Forest Service, State and Private Forestry, Forest Products Laboratory, Madison, WI, awarded a grant to Flambeau River Papers, LLC, Park Falls, WI in the amount of $1.925MIL for a project titled ``Biomass-to-Fuel''. This grant is being used by the grantee to support its ongoing effort in determining the potential technical and economic viability of constructing and operating a demonstration biomass-to-liquids biofuels facility, which would be co-located with the company's existing pulp and paper mill. If successful, the biomass- to-liquids facility would generate renewable energy to operate the pulp and paper mill, as well as producing a marketable liquid transportation fuel.
Notice of Availability of Funds; Multi-Family Housing, Single Family Housing
The Rural Housing Service, hereinafter referred to as Housing and Community Facilities Programs (HCFP), announces the availability of housing funds for fiscal year (FY) 2008. This action is taken to comply with 42 U.S.C. 1490p, which requires that HCFP publish in the Federal Register notice of the availability of any housing assistance.
Cibola National Forest Invasive Plant Management Project
On April 29, 2002, Forest Supervisor Liz Agpaoa signed a Notice of Intent (NOT) to prepare an Environmental Impact Statement (EIS) for the Cibola National Forest Invasive Plant Management Project. On May 3, 2002, the Federal Register published the Notice of Intent (NOT) (Volume 67, Number 86, pages 22389-22390). The Department of Agriculture, Forest Service is issuing this notice to advise the public that we are cancelling the notice of intent to prepare an environmental impact statement for this proposed action. The initial proposal provided for the inclusion of all the administrative units on the Cibola National Forest including the Kiowa, Rita Blanca, Black Kettle, and McClellan Creek National Grasslands. The areas included in the proposal vary widely in geographical and ecological settings and conditions, from woodlands and forests to short-grass and tall-grass prairies. The wide range of biological and physical settings complicates the analysis and disclosure of effects. The Forest Service plans to reassess the proposal and determine the appropriate scope of the proposal and form of environmental documentation. The NEPA process will be re-initiated for any new proposed actions.
Inviting Applications for Rural Economic Development Loan and Grant Program for Fiscal Year 2008
The Rural Business-Cooperative Service (RBS) announces the dollar amount available for grants is up to $300,000 per application for Rural Economic Development Grants with the aggregate amount of grant funds not to exceed $10,000,000 during fiscal year 2008.
Bridger-Teton National Forest; Revised Notice of Intent To Prepare a Supplemental Environmental Impact Statement To Analyze and Disclose New Information Relative to Oil and Gas Leasing of 44,720 Acres on the Big Piney Ranger District
This notice revises an earlier Notice of Intent (NOI) to prepare a supplemental environmental impact statement (SEIS) to analyze and disclose new information relative to oil and gas leasing of 44,720 acres on the Big Piney Ranger District. The Forest Service is providing this revised notice because the public scoping period is being extended. Scoping for a supplemental statement is not required [40 CFR 1502.9(c)(4)], but due to the length of time since scoping associated with the current leasing decision was conducted, comments specific to new issues or information that was not considered are being solicited.
Notice of New Recreation Fee Site; Federal Lands Recreation Enhancement Act, (Title VIII, Pub. L. 108-447)
The National Forests in Mississippi is proposing new fees for two motorized trails. Rattlesnake Bay ATV Trail is located on the De Soto Ranger District, De Soto National Forest within Perry County, MS. This site has a trailhead with a restroom, designated improved parking, and bulletin board with trail map. This trail is 31 miles long. Bethel Motorcycle Trail is located on the De Soto Ranger District, De Soto National Forest within Harrison County, MS. This site has a trailhead with designated improved parking, picnic tables, grills, and bulletin board with trail map. This trail is 15 miles long. The Forest Service proposes to charge $5 per operator per day for use of these trails. Funds received from these fees would be used for continued operation and maintenance of these trails and would allow additional amenities to be added in the future. The purpose of this notice is to solicit public input on this proposal. Please contact us or provide written comments (contact information below) within 6 months from the date of this publication.
Notice of New Recreation Fee Site; Federal Lands Recreation Enhancement Act, (Title VIII, Pub. L. 108-447)
The National Forests in Mississippi is proposing new fees for two horse trails. Witch Dance Horse Trail is located on the Tombigbee National Forest within Chickasaw County, MS. This trail is 18 miles long with multiple loops and 1 trailhead that provides a toilet, hitching posts, and designated developed parking. Big Foot Horse Trail is located on the De Soto National Forest, De Soto Ranger District within Harrison County, MS. This trail is 22 miles long trail with multiple loops and 1 trailhead that provides a toilet, hitching posts and designated developed parking. The Forest Service proposes to charge $5 per rider per day for use of these trails. Funds received from these fees will be used for continued operation and maintenance of these trails and would allow additional amenities to be added in the future. The purpose of this notice is to solicit public input on this proposal. Please contact us or provide written comments (information below) within 6 months from the date of this publication.
Pork Promotion, Research and Consumer Information Program; Section 610 Review
This action announces the Agricultural Marketing Service's (AMS) review of the Pork Promotion, Research, and Consumer Information Program (Program), which is conducted under the Pork Promotion, Research, and Consumer Information Order (Order), under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA).
Codex Alimentarius Commission: Meeting of the Codex Committee on Food Labeling
The Office of the Under Secretary for Food Safety, U.S. Department of Agriculture, and the Food and Drug Administration (FDA), U.S. Department of Health and Human Services, are sponsoring a public meeting on March 31, 2008. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States positions that will be discussed at the 36th Session of the Codex Committee on Food Labeling (CCFL) of the Codex Alimentarius Commission (Codex), which will be held in Ottawa, Canada, on April 28 to May 2, 2008. In addition, a working group on the Implementation of the World Health Organization (WHO) Global Strategy on Diet, Physical Activity, and Health will meet on April 26, 2008. The Under Secretary for Food Safety and FDA recognize the importance of providing interested parties the opportunity to obtain background information on the 36th Session of the CCFL and to address items on the agenda.
Addition of Armenia to the List of Regions Where African Swine Fever Exists
We are adopting as a final rule, without change, an interim rule that amended the regulations concerning the importation of animals and animal products by adding Armenia to the list of regions where African swine fever exists. We took that action because outbreaks of African swine fever had been confirmed in various locations in the northern portion of Armenia. The interim rule was necessary to prevent the introduction of African swine fever into the United States.
Notice of Availability of Assessments of the Highly Pathogenic Avian Influenza Subtype H5N1 Status of Denmark and France
We are advising the public that the Animal and Plant Health Inspection Service has prepared assessments of the animal health status of Denmark and France relative to the H5N1 subtype of highly pathogenic avian influenza (HPAI), following single outbreaks of HPAI subtype H5N1 in domestic poultry in each of those countries. The assessments present our evaluation of the HPAI H5N1 detection, control, and eradication measures in place in Denmark and France at the time of the outbreaks and of the actions taken by each country in response to the outbreaks, as well as our assessment of the present status of each country with respect to HPAI subtype H5N1. We are making these risk assessments available to the public for review and comment.
Child and Adult Care Food Program: At-Risk Afterschool Meals in Eligible States
This rule proposes to amend the Child and Adult Care Food Program (CACFP) regulations to implement provisions from the Agriculture Risk Protection Act of 2000, the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2002, and the Consolidated Appropriations Act of 2008, that authorize reimbursement to eligible States for a meal (normally a supper) served by at-risk afterschool care programs. The eligible States are Delaware, Illinois, Michigan, Missouri, New York, Oregon, Pennsylvania, and West Virginia. The intent of this proposed rule is to conform CACFP regulations to statutory amendments that provide an additional meal for at-risk children through age 18 who are participating in afterschool programs in the eligible States. The Food and Nutrition Service (FNS) implemented the statutory mandates through written policy guidance upon enactment of the statutory provisions.
Conservation Security Program
This document announces the Fiscal Year 2008 sign-up, CSP-08- 01, for the Conservation Security Program (CSP). This sign-up will be open from April 18, 2008 through May 17, 2008, in selected 8-digit watersheds.
Request for Proposals: Fiscal Year 2008 Funding Opportunity for 1890 Land-Grant Institutions Rural Entrepreneurial Outreach and Development Initiative
Business and Cooperative Programs are administered through USDA Rural Development. USDA Rural Development announces the availability of approximately $1.5 million in competitive cooperative agreement funds. USDA Rural Development hereby requests proposals from 1890 Land-Grant Universities and Tuskegee University (1890 Institutions) for competitively awarded cooperative agreements for projects that support USDA Rural Development's goals and objectives of providing technical assistance for business creation in economically challenged rural communities, for educational programs to develop and improve upon the professional skills of rural entrepreneurs, and for outreach and promotion of USDA Rural Development's programs in small rural communities with the greatest economic need. Project proposals must be designed to overcome currently identified economic problems and lead to sustainable economic development. Project proposals that address both traditional and nontraditional business enterprises are encouraged. This initiative seeks to create a working partnership between USDA Rural Development and the 1890 Institutions through cooperative agreements. A cooperative agreement requires substantial involvement of the Government agency in carrying out the objectives of the project. Cooperative agreements will be awarded to the project proposals receiving the highest scores as determined by a peer review panel of USDA employees knowledgeable of the subject matter. Awards will be made to the extent that funds are available. However, USDA Rural Development is making no commitment to fund any particular project proposal or to make a specific number of awards. Eligible applicants must provide matching funds equal to at least 25 percent of the total project costs.
Proposed Posting of Stockyards
This notice announces that 16 facilities now meet the definition of a stockyard under the Packers and Stockyards Act and therefore we propose to post signs identifying these facilities as posted stockyards. The purpose of this notice is to inform stockyard owners and the public of the posting status of all these facilities, and to provide an opportunity to comment on whether the facilities should be posted.
Information Collection; Campfire Permit
In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the new information collection, Campfire Permit.
Shasta Trinity National Forest, South Fork Management Unit, California Salt Timber Harvest and Fuels Hazard Reduction Project
The Hayfork District of the Shasta Trinity National Forest is proposing to use vegetation treatments to improve forest health, reduce risks from fire and provide forest products on approximately 1,658 acres within the upper Salt Creek watershed on the South Fork Management Unit of the Shasta Trinity National Forest. Prescribed treatments are expected to produce approximately 4.8 million board feet or 10,600 hundred cubic feet (ccf) of merchantable sawtimber, and an estimated 4,710 bone dry tons of biomass. The Forest Service will analyze these vegetation treatments within the constraints of the Shasta Trinity National Forest Land and Resource Management Plan, 1995. The proposed Salt project is in Trinity County, 10 air miles south of Hayfork, California and 3 air miles east of Post Mountain, California. The project area is within the Hayfork Adaptive Management Area (AMA), and Management Area 19, Indian Valley/Rattlesnake, of the Shasta-Trinity Land and Resource Management Plan (USFS 1995, p. 4-64 & 65). Treatment areas in T29N, R11W sections 4-9, T29N, R12W sections 1, 2 and 12, T30N, R11W sections 31 and 32, and T30N, R12W sections 25, 26, 35, and 36 M.D.M.
Opportunity To Comment on the Applicants for the Cedar Rapids, IA Area Consisting of Northeast Iowa, Southeast Minnesota, and East Texas
GIPSA requests comments on the applicants for designation to provide official services in the Cedar Rapids, Iowa area that was open for designation. Gulf Country Inspection Service, Inc. (Gulf Country) applied for the Cedar Rapids, Iowa area. South Texas Grain Inspection, LLC (South Texas) applied for part of the Cedar Rapids, Iowa area, the east Texas region. Mid-Iowa Grain Inspection, Inc. (Mid-Iowa) applied for their current designation in Cedar Rapids, Iowa.
Information Collection: Long Term Contracting System (LTCS)
In accordance with the Paperwork Reduction Act of 1995 (PRA), the Farm Service Agency and Commodity Credit Corporation (CCC) at Kansas City Commodity Office (KCCO) are seeking comments from all interested individuals and organizations on an extension with revision of a currently approved information collection associated with the Long Term Contracting System. This collection is necessary for the procurement of agricultural commodities by KCCO for domestic feeding programs. Vendors bidding on long-term invitations complete and submit their offers on-line through the Long Term Contracting System (LTCS), which records the system date/time that the offer was submitted and ensures that the data remains secured within the system until bid opening time.
Information Collection; Transfer of Farm Records Between Counties
In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency (FSA) is seeking comments from interested individuals and organizations on an extension of a currently approved information collection associated with transferring of farm records from one administrative county office to another.
Ravalli County Resource Advisory Committee
The Ravalli County Resource Advisory Committee will be meeting to review 2007 projects, hold a short public forum (question and answer session), and presentation on Fuel treatment Effects on Fire Behavior. The meeting is being held pursuant to the authorities in the Federal Advisory Committee Act (Public Law 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 106-393). The meeting is open to the public.
Locatable Minerals Operations
This proposed rule would revise the regulations for locatable minerals operations conducted on National Forest System lands. The revised rule would apply to prospecting, exploration, development, mining and processing operations, and reclamation under the Mining Law of May 10, 1872, as amended. The Forest Service invites written comments on this proposed rule.
USDA Rural Development Voucher Program
This notice informs the public that the United States Department of Agriculture (USDA) has established a demonstration USDA Rural Development Voucher Program, as authorized under section 542 of the Housing Act of 1949 as amended, (without regard to section 542(b)), which is being administered by the USDA. This notice informs the public that USDA shall make $4,965,000.00 available for this purpose, as appropriated under the Consolidated Appropriations Act, 2008. The notice also sets forth the general policies and procedures for use of these vouchers.
Emergency Food Assistance Program; Availability of Commodities for Fiscal Year 2008
This notice announces the surplus and purchased commodities that the Department expects to make available for donation to States for use in providing nutrition assistance to the needy under the Emergency Food Assistance Program (TEFAP) in Fiscal Year (FY) 2008. The commodities made available under this notice must, at the discretion of the State, be distributed to eligible recipient agencies for use in preparing meals and/or for distribution to households for home consumption.
Regulations Under the Perishable Agricultural Commodities Act, 1930; Section 610 Review
This notice announces that the Agricultural Marketing Service (AMS) plans to review the Regulations (Other than Rules of Practice) under the Perishable Agricultural Commodities Act, 1930, as amended, under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA).
Notice of Request for a New Information Collection
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget (OMB) for a new information collection survey of customers, related to the delivery of services by AMS under the Perishable Agricultural Commodities Act, 1930, as amended (PACA). This voluntary survey would give customers of the PACA program an opportunity to provide feedback to AMS on the quality of the service they receive via the PACA Customer Service Line. It would also give them an opportunity to indicate what new PACA services, if any, that they would like to receive.
North San Juan Sheep and Goat EIS
This NEPA analysis began as an environmental assessment in 2006, then as Interdisciplinary Team discussions took place, it was recognized that completion of an environmental impact statement (EIS) would be more appropriate. The project is analyzing the action to continue to permit livestock (domestic sheep and goats) grazing within the North San Juan Sheep and Goat Allotments Analysis Area (hereinafter referred to as the Analysis Area) under an Adaptive Management strategy.
Information Collection; National Woodland Owner Survey
In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the reinstated information collection, National Woodland Owner Survey.
Lake Tahoe Basin Federal Advisory Committee
The Lake Tahoe Basin Federal Advisory Committee will hold a meeting on April 4, 2008, at the Aspen Room, Lake Tahoe Community College, One College Drive, South Lake Tahoe, CA 96150. This Committee, established by the Secretary of Agriculture on December 15, 1998 (64 FR 2876), is chartered to provide advice to the Secretary on implementing the terms of the Federal Interagency Partnership on the Lake Tahoe Region and other matters raised by the Secretary.
Black Hills National Forest, Bearlodge Ranger District, WY and Northern Hills Ranger District, SD, North Zone Range 08 Analysis
On November 5, 2007, the Federal Register published a Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for the North Zone Range 08 Analysis on the Black Hills National Forest (72 FR 62428-62429). The responsible officials for this analysis have decided that the preparation of an Environmental Impact Statement is not warranted for this project. An Environmental Assessment will be prepared for the North Zone Range 08 analysis. The responsible officials will document their rationale in a Finding of No Significant Impact (FONSI) to be subsequently prepared. The FONSI will accompany the Decision Notice for this project. The Notice of Intent is hereby cancelled.
New Mexico Collaborative Forest Restoration Program Technical Advisory Panel
The New Mexico Collaborative Forest Restoration Program Technical Advisory Panel will meet in Albuquerque, New Mexico. The purpose of the meeting is to provide recommendations to the Regional Forester, USDA Forest Service Southwestern Region, on which forest restoration grant proposals submitted in response to the Collaborative Forest Restoration Program Request For Proposals best meet the objectives of the Community Forest Restoration Act (Title VI, Pub. L. No. 106-393).
Potatoes; Grade Standards
This rule revises the United States Standards for Grades of Potatoes. These standards are issued under the Agricultural Marketing Act of 1946. The rule provides en route or at destination tolerances for the U.S. No. 1 and U.S. No. 2 grades, revises current tolerances in all grades, deletes the U.S. Extra No. 1 grade and ``Unclassified'' section, and defines damage and serious damage by the following defects which will be added to Table III of the External Defects section: Cuts, Clipped Ends, Elephant Hide, Flattened or Depressed Areas/Pressure Bruises, Grub Damage, Nematode (Root Knot), Rodent or Bird Damage, Russeting, Silver Scurf, Sunken Discolored Areas, and Surface Cracks. The following defects and scoring guidelines that are currently listed in Table III of the External Defects section are also revised to reflect current inspection instructions: Air Cracks, Bruises, External Discoloration, Flea Beetle Injury, Greening, Growth Cracks, Rhizoctonia, Pitted Scab, Russet Scab, Surface Scab, and Wireworm or Grass Damage. Also, changes to the current scoring guide for sprouts are being made. In the Internal Defects section, Internal Black Spot is revised by implementing a color chip to assist in the scoring of this defect. Also, Table IV in this section is redesignated as Table I. Additionally, a revised large size is added as well as the inclusion of Chef and Creamer sizes. Most of the changes were the result of the detailed work performed by the Joint U.S./Canadian Potato Council that was charged with harmonizing the U.S. and Canadian Potato Grade Standards. This rule updates and revises the standards to more accurately reflect today's marketing practices.
Notice of Call for Nominations for Appointment of Primary and Alternate Representatives, Santa Rosa and San Jacinto Mountains National Monument Advisory Committee
This notice constitutes an open call to the public to submit nomination applications for the following positions on the Santa Rosa and San Jacinto Mountains National Monument Advisory Committee:
Peanut Promotion, Research, and Information Order; Amendment to Primary Peanut-Producing States and Adjustment of Membership
This rule would add a producer member and alternate from the State of Mississippi to the National Peanut Board (Board). The change was proposed by the Board, which administers the nationally coordinated program, in accordance to the provisions of the Peanut Promotion, Research, and Information Order (Order) which is authorized under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act). This change is made because Mississippi is now considered a major peanut-producing state based on the Board's review of the geographical distribution of the production of peanuts. The Order requires a review of the geographical distribution of the production of peanuts at least every five years. The addition of a member from Mississippi will provide for additional representation from another primary peanut- producing state.
Notice of Decision To Issue Permits for the Importation of Dropwort Leaves With Stems from South Korea Into the Continental United States
We are advising the public of our decision to begin issuing permits for the importation of dropwort leaves with stems from South Korea into the continental United States subject to the requirements specified in the risk management analysis. Based on the findings of a pest risk analysis, which we made available to the public for review and comment through a previous notice, we believe that the application of one or more designated phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of dropwort leaves with stems from South Korea.
Pistachios Grown in California; Changes in Handling Requirements
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule changing the handling requirements authorized under the California pistachio marketing order (order). The order regulates the handling of pistachios grown in California and is administered locally by the Administrative Committee for Pistachios (committee). This rule continues in effect the action that suspended the minimum quality requirements, including maximum defects and minimum sizes, for California pistachios. This reduces handler costs and provides handlers more flexibility in meeting customer needs.
Basin Electric Power Cooperative, Inc.: Notice of Intent To Hold Public Scoping Meeting and Prepare an Environmental Assessment
The Rural Utilities Service (RUS), an Agency delivering the United States Department of Agriculture (USDA) Rural Development Utilities Programs, hereinafter referred to as Rural Development and/or the Agency, intends to hold a public scoping meeting and prepare an Environmental Assessment (EA) in connection with possible impacts related to a project being proposed by Basin Electric Power Cooperative, Inc. (Basin Electric), of Bismarck, North Dakota. The proposal for construction and operation of a wind turbine generation facility referred to as the PrairieWinds-ND1 Project (Project), consists of a 77-turbine, 115 megawatt (MW) facility at a site near Minot, North Dakota.
Animal Welfare; Climatic and Environmental Conditions for Transportation of Warmblooded Animals Other Than Marine Mammals
We are reopening the comment period for our proposed rule that would remove the current ambient temperature requirements in the Animal Welfare Act regulations for various stages in the transportation of live animals other than marine mammals. The proposal would replace those requirements with a single performance standard for climatic and environmental conditions during their transportation. This action will allow interested persons additional time to prepare and submit comments.
Pears Grown in Oregon and Washington; Tomatoes Grown in Florida; and Walnuts Grown in California; Section 610 Reviews
This document announces that the Agricultural Marketing Service (AMS) plans to review Marketing Order 927 (Pears Grown in Oregon and Washington), Marketing Order 966 (Tomatoes Grown in Florida), and Marketing Order 984 (Walnuts Grown in California) under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA).
Oranges, Grapefruit, Tangerines and Tangelos Grown in Florida; Section 610 Review
This action summarizes the results under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA), of an Agricultural Marketing Service (AMS) review of Marketing Order No. 905, regulating the handling of oranges, grapefruit, tangerines, and tangelos grown in Florida (order). AMS has determined that the order should be continued.
Vidalia Onions Grown in Georgia; Increased Assessment Rate
This rule would increase the assessment rate established for the Vidalia Onion Committee (Committee) for the 2008 and subsequent fiscal periods from $0.10 to $0.13 per 40-pound container of Vidalia onions handled. The Committee locally administers the marketing order which regulates the handling of Vidalia onions grown in Georgia. Assessments upon Vidalia onion handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins January 1 and ends December 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Nectarines and Peaches Grown in California; Changes in Handling Requirements for Fresh Nectarines and Peaches
This rule changes the handling requirements applicable to well matured fruit covered under the nectarine and peach marketing orders (orders). The orders regulate the handling of nectarines and peaches grown in California and are administered locally by the Nectarine Administrative and Peach Commodity Committees (committees). This rule updates the variety-specific size requirements to reflect changes in commercially significant varieties. This will enable handlers to continue to ship fresh nectarines and peaches in a manner that meets consumer needs, increases returns to producers and handlers, and reflects current industry practices.
Community Facilities Grant Program
This rule sets forth the regulation changes for the Community Facilities Grant program, which is available to rural communities impacted by a Presidentially declared disaster. The rule establishes the requirements to qualify for additional funding. This rule is being issued on an emergency basis due to the severe economic and social conditions caused by disasters, which occur every year in rural America. In order to prepare for these disasters, this rule is being published before the Spring/Summer disasters strike. This will allow USDA to target limited funds to the most devastated communities/counties in rural areas. The revisions will allow USDA to increase potential funding for several essential community facilities in rural communities already designated as a Presidential disaster area.
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