Strategic Economic and Community Development
| Citation | 85 FR 59388 |
| Record Number | 2020-19825 |
| Published date | 22 September 2020 |
| Section | Rules and Regulations |
| Court | Farm Service Agency,Rural Business-cooperative Service,Rural Housing Service,Rural Utilities Service |
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Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Rules and Regulations
T
ABLE
1
TO
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ARAGRAPH
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)—P
AYMENT
R
ATES FOR
P
RICE
T
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C
ROPS AND
E
GGS
Commodity Units
Crop marketing
percentage
(percent)
Payment rate
($/unit)
Barley ......................................................................................................................................... bu 63 $0.54
Corn ........................................................................................................................................... bu 40 0.58
Cotton, Upland ........................................................................................................................... lb 46 0.08
Sorghum .................................................................................................................................... bu 55 0.56
Soybean ..................................................................................................................................... bu 54 0.58
Sunflowers ................................................................................................................................. lb 44 0.02
Wheat (all classes) .................................................................................................................... bu 73 0.54
Shell Eggs .................................................................................................................................. dozen n/a 0.05
Liquid Eggs ................................................................................................................................ lb n/a 0.04
Dried Eggs ................................................................................................................................. lb n/a 0.14
Frozen Eggs .............................................................................................................................. lb n/a 0.05
T
ABLE
2
TO
P
ARAGRAPH
(
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)—P
AY
-
MENT
R
ATES FOR
S
ALES
C
OMMOD
-
ITIES
2019 Sales range Percent
payment
factor
Up to $49,999 ....................... 10.6
$50,000-$99,999 ................... 9.9
$100,000-$499,999 ............... 9.7
$500,000-$999,999 ............... 9.0
All sales over $1 million ....... 8.8
(k) CFAP 2 payments will not be
calculated or issued for ineligible
commodities.
Stephen L. Censky,
Vice Chairman, Commodity Credit
Corporation, and Deputy Secretary, U.S.
Department of Agriculture.
[FR Doc. 2020–20844 Filed 9–18–20; 4:15 pm]
BILLING CODE 3410–05–P
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Parts 1779 and 1780
Rural Housing Service
Rural Business-Cooperative Service
Rural Utilities Service
Farm Service Agency
7 CFR Chapter XVIII
Rural Housing Service
7 CFR Parts 3570 and 3575
Rural Business-Cooperative Service
Rural Utilities Service
7 CFR Parts 4279 and 4280
[Docket No. RBS–20–BUSINESS–31]
RIN 0570–AB04
Strategic Economic and Community
Development
AGENCY
: Rural Business-Cooperative
Service, Rural Housing Service, Rural
Utilities Service, Farm Service Agency,
Department of Agriculture (USDA).
ACTION
: Final rule.
SUMMARY
: The Rural Business-
Cooperative Service, Rural Housing
Service, and Rural Utilities Service, of
the Rural Development (RD) mission
area within the U.S. Department of
Agriculture (USDA), hereinafter
collectively referred to as the Agency, is
issuing this final rule to implement
statutory provisions found in Section
6401 of the Agricultural Improvement
Act of 2018 (‘‘2018 Farm Bill’’) that
amends Section 379H of the
Consolidated Farm and Rural
Development Act. The intent of this rule
is to amend the existing regulations
governing Strategic Economic and
Community Development (SECD) to
implement Section 6401 of the 2018
Farm Bill. Additionally, conforming
changes are being made to other
regulations as a result of the
aforementioned statutory changes.
Finally, we are removing Farm Service
Agency from a chapter in the CFR as
they no longer use any of the parts
under that chapter.
DATES
: This final rule is effective
September 22, 2020.
FOR FURTHER INFORMATION CONTACT
: Greg
Batson, Strategic Engagement, Rural
Development Innovation Center, U.S.
Department of Agriculture;
gregory.batson@usda.gov; (573) 239–
2945.
SUPPLEMENTARY INFORMATION
:
Background and Discussion
The Agency administers a multitude
of Federal programs for the benefit of
rural America, ranging from housing
and community facilities to
infrastructure and business
development. Its mission is to increase
economic opportunity and improve the
quality of life in rural communities by
providing the leadership, infrastructure,
capital, and technical support that
enables rural communities to prosper.
To achieve its mission, the Agency
provides financial support (including
direct loans, grants, and loan
guarantees) and technical assistance.
Section 379H Strategic and Economic
Community Development of the
Consolidated Farm and Rural
Development Act (7 U.S.C. 2008v)
supports rural communities by
promoting regional economic and
community development. Reservation of
targeted funds are available for covered
Rural Development programs to
encourage regional economic and
community development. Section 6401
of the 2018 Farm Bill amended Section
379H, Strategic Economic and
Community Development of the
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Consolidated Farm and Rural
Development Act to state that projects
must be part of both a multi-
jurisdicational and multi-sectoral
Strategic Community Invesment Plan in
order to receive consideration for the
set-aside. Prior to the adoption of
Section 6401 of the 2018 Farm Bill,
projects only had to be part of a multi-
jurisdictional plan in order to receive
consideration for funding. Section 6401
of the Farm Bill provides RD an
important mechanism to further our
mission by leveraging projects that spur
regional economic and community
development while also focusing on
multiple sectors. In addition, this will
reward communities that demonstrate
best practices for furthering sustainable
regional and community prosperity by
bringing together key local and regional
stakeholders and using long-term
planning that integrates targeted
investments across communities and
regions.
Discussion of the Rule
A summary of changes to 7 CFR part
1980, subpart K, which implement
Section 6401 of the 2018 Farm Bill
follows:
§ 1980.1001—Purpose
In accordance with Section 6401 of
the 2018 Farm Bill, this section has been
updated to include that qualified plans
must be both multi-jurisdictional and
multi-sectoral, and the name of plans
has been updated from ‘‘Strategic
Economic Development and Community
Development Plans’’ to ‘‘Strategic
Community Investment Plans.’’
§ 1980.1002—Programs
Previously, SECD was limited to
certain Rural Development programs by
statute. In accordance with Section 6401
of the 2018 Farm Bill, this regulation
will include expansion of SECD to all
programs covered by Title XIV of the
Consolidated Farm and Rural
Development Act (CONACT) or
programs administered by the Secretary
acting through the Rural Development
mission area. This section is amended to
update the list of eligible programs
covered by Section 6401 of the 2018
Farm Bill and for which funds may be
set-aside.
§ 1980.1004—Funding
Section 6401 of the 2018 Farm Bill
increased the reservation amount for
funding from up to 10 percent to up to
15 percent. This section has been
revised to reflect the increase in the
reservation amount and to clarify the
amendments. This section has also been
updated to revise the date by which
unused set-aside funds will be returned
to the regular program account for use
by other projects.
In accordance with Section 379H of
the CONACT (7 U.S.C. 2008v), all SECD
reserved funds shall be reserved for the
1-year period beginning on the date on
which funds were first made available,
as determined by the Secretary. The
Agency has determined that for non-
annual and annually appropriated
programs, SECD reserved funding will
be available for obligation until
deadlines established by covered
programs. Covered programs’ deadlines
will be outlined in a SECD annual
Federal Register publication. Reserved
funds not obligated by September 30
will be reconciled according to
applicable law. The Agency has settled
on this process because program and
procedural differences can present a
hardship when one SECD obligation
deadline is established. Covered
programs have varying deadline and
pooling dates. Further, covered
programs have differing engineering and
environmental review processes.
Allowing programs to use their
deadlines and/or pooling dates as the
SECD funds obligation deadline offers
flexibility in project review and award
and provides adequate time for SECD
reserved funds to be allocated to
appropriate covered program accounts.
In addition, programs are not mandated
to hold SECD reserved funds until
September 30, but can convert SECD
reserved funds to regular program for
funding non-SECD projects.
§ 1980.1005—Definitions
The definitions section has been
revised to include additional definitions
and revise others to conform to the
statutory provisions of the Section 6401
of the 2018 Farm Bill, as follows:
The term Adopted was revised to
clarify the appropriate entities that may
approve a Strategic Community
Investment Plans in accordance with
Section 6401 of the 2018 Farm Bill.
The term Carried Out in a Rural Area
was updated to remove the term
‘‘solely’’ from the title of the definition
and to clarify the meaning of the
definition in accordance with Section
6401 of the 2018 Farm Bill.
The terms Jurisdiction, Multi-
Jurisdictional, Philanthropic, and
Project were revised to provide clarity
in accordance with Section 6401 of the
2018 Farm Bill.
The term Plan is revised to update the
name to a Strategic Community
Investment Plan and to clarify the
requirements that must be addressed in
a plan as per language in Section 6401
of the 2018 Farm Bill.
New definitions for Multi-sectoral,
Sector, and Strategic partners were
added to implement changes from
Section 6401 of the 2018 Farm Bill.
7 CFR 1980.1010—Project Eligibility
Section 1980.1010 is amended to
include terminology from Section 6401
of the 2018 Farm Bill.
7 CFR 1980.1015—Applications
The Agency has revised requirements
of the application process to conform to
statutory changes outlined in Section
6401 of the 2018 Farm Bill and to clarify
application and plan requirements. Data
collected on the application form has
been removed from the list of
information to be provided, and a
reference to the required application
form has been included. A plan should
address multiple jurisdictions, and the
plan should document that there is
participation by multiple stakeholders.
A plan should demonstrate leveraging of
the applicable region’s assets and
should document monetary and non-
monetary contributions from strategic
partners.
7 CFR 1980.1020—Scoring
The scoring section has been revised
to align to Section 6401 of the 2018
Farm Bill.
7 CFR 1980.1025—Award Process
The award process section has been
revised to align to the requirements of
Section 6401 of the 2018 Farm Bill.
7 CFR 1980.1026—Evaluation of Project
Information
7 CFR 1980.1026 is removed and
reserved. Projects will be evaluated
through the criteria established in the
individual covered program’s notice for
which the award was received, and
additional reporting specific to the
objectives in each plan is not required.
Additionally, conforming changes are
made to 7 CFR parts 1779, 1780, 1942,
3570, 3575, 4279, and 4280 have been
included to address the change in terms
of ‘‘multi-sectoral’’ and ‘‘Strategic
Community Investment Plans.’’
Finally, the Farm Service Agency is
being removed from title 7, chapter
XVIII of the CFR as they no longer use
any of the parts under this chapter. At
one time, chapter XVIII was used by
Rural Business-Cooperative Service,
Rural Utilities Services, Rural Housing
Service, and Farm Service Agency to
codify policies and procedures. Due to
reorganization within the Department of
Agriculture, Farm Service Agency now
codifies its policies and procedures in
chapter VI of title 7 of the CFR. Chapter
XVIII will now only be used to codify
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policies and procedures of the three
agencies of the Rural Development
Mission Area, Rural Business-
Cooperative Service, Rural Utilities
Services, and Rural Housing Service.
Catalog of Federal Domestic Assistance
RD programs affected by this
rulemaking are shown in the Catalog of
Federal Domestic Assistance (CFDA)
with numbers as indicated:
10.760—Water and Waste Disposal
Systems for Rural Communities
10.766—Community Facilities Loans
and Grants
10.768—Business and Industry
Guaranteed Loan Program
10.351—Rural Business Development
Grants
10.863—Community Connect Grant
Program
10.855—Distance Learning and
Telemedicine Loans and Grants
10.868—Rural Energy for America
Program
10.446—Rural Community Development
Initiative Grant
10.222—Tribal College Initiative Grants
10.854—Rural Economic Development
Loans and Grants
10.767—Intermediary Relending
Program
10.420—Mutual Self-Help Housing
Technical Assistance Grants
10.411—Rural Housing Site Loans
10.433—Housing Preservation Grants
10.405—Farm Labor Housing Direct
Loans and Grants
10.438—Multi-Family Housing Loan
Guarantees
10.751—Rural Energy Savings Program
(RESP)
10.352—Value-Added Producer Grants
10.862—Household Water Well System
Grant Program
10.762—Solid Waste Management Grant
All active CFDA programs can be
found at https://beta.sam.gov/, which
officially replaced CFDA.gov.
Executive Order 12866, Classification
This rule has been determined to be
non-significant and therefore was not
reviewed by the Office of Management
and Budget (OMB) under Executive
Order 12866.
Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), the Office of
Information and Regulatory Affairs
designated this rule as not a major rule,
as defined by 5 U.S.C. 804(2).
Executive Order 12372,
Intergovernmental Review of Federal
Programs
The Programs listed in the Catalog of
Federal Domestic Assistance under the
following numbers are subject to the
provisions of Executive Order 12372
which requires Intergovernmental
Consultation with state and local
officials:
10.760—Water and Waste Disposal
Systems for Rural Communities
10.766—Community Facilities Loans
and Grants
10.768—Business and Industry
Guaranteed Loan Program
10.351—Rural Business Development
Grants
10.411—Rural Housing Site Loans
10.433—Housing Preservation Grants
10.438—Multi-Family Housing Loan
Guarantees
Executive Order 12988, Civil Justice
Reform
This rule has been reviewed under
Executive Order 12988. The Agency has
determined that this rule meets the
applicable standards provided in
section 3 of the Executive order. In
addition, all state and local laws and
regulations that are in conflict with this
rule will be preempted. No retroactive
effort will be given to this rule.
National Environmental Policy Act
This document has been reviewed in
accordance with 7 CFR part 1970,
subpart A, ‘‘Environmental Policies.’’
RD has determined that this action does
not constitute a major Federal action
significantly affecting the quality of the
environment. In accordance with the
National Environmental Policy Act
(NEPA) of 1969, 42 U.S.C. 4321, et seq.,
an Environmental Impact Statement is
not required.
Unfunded Mandates Reform Act
This rule contains no Federal
mandates (under the regulatory
provisions of Title II of the Unfunded
Mandates Reform Act of 1995) for state,
local, and Tribal governments or the
private sector. Thus, this rule is not
subject to the requirements of sections
202 and 205 of the Unfunded Mandates
Reform Act of 1995.
Regulatory Flexibility Act
Under section 605(b) of the
Regulatory Flexibility Act, 5 U.S.C.
605(b), RD certifies that this rule will
not have a significant economic impact
on a substantial number of small
entities. The rule affects applicants
across covered RD programs. Many
program applicants are small
businesses. While this rule will affect
small entities, RD has determined that
the economic impact of the rule on
these small entities will not be
significant.
The rule does not make any changes
to the programs from which funds will
be reserved. The rule will require
applicants to submit an additional form
if seeking funding that is reserved for
projects that support Strategic
Community Investment Plans. Based on
the data in the Paperwork Reduction
Act (PRA) burden package, RD estimates
that the cost to complete this form will,
on average, be no more than $300.
Therefore, this rule will not have a
significant impact on small entities.
Executive Order 13132, Federalism
The policies contained in this rule do
not have any substantial direct effect on
states, on the relationship between the
National Government and the states, or
on the distribution of power and
responsibilities among the various
levels of government. Nor does this rule
impose substantial direct compliance
costs on state and local governments.
Therefore, consultation with states is
not required.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
This rule has been reviewed in
accordance with the requirements of
Executive Order 13175, ‘‘Consultation
and Coordination with Indian Tribal
Governments.’’ Executive Order 13175
requires Federal agencies to consult and
coordinate with tribes on a government-
to-government basis on policies that
have tribal implications, including
regulations, legislative comments or
proposed legislation, and other policy
statements or actions that have
substantial direct effects on one or more
Indian Tribes, on the relationship
between the Federal Government and
Indian Tribes or on the distribution of
power and responsibilities between the
Federal Government and Indian Tribes.
Rural Development has assessed the
impact of this rule on Indian Tribes and
determined that the rule does not, to our
knowledge, have tribal implications that
require tribal consultation under E.O.
13175.
Rural Development plans to use an
inclusive definition of ‘‘plans’’ so that a
wide range of plans that Indian Tribes
currently have adopted and
implemented may be used, as long as
certain minimum standards are met. For
instance, the plan must be multi-
jurisdictional, multi-sectoral and
include:
•A variety of activities designed to
facilitate the vision of a rural
community for the future, including
considerations for improving and
expanding broadband services as
needed;
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•Participation by multiple
stakeholders, including local and
regional partners;
•Leverage of applicable regional
resources;
•Investment from strategic partners,
such as private organizations,
cooperatives, other government entities,
Indian Tribes and philanthropic
organizations;
•Clear objectives with the ability to
establish measurable performance
metrics;
•Action steps for implementation;
and
•Any other elements necessary to
ensure that the plan results in a
comprehensive and strategic approach
to rural economic development, as
determined by the Secretary.
These minimum criteria do not pose
any unique or additional implications or
challenges for Tribes. The rule
incentivizes additional planning,
partnering and strategies between Tribes
and other units of government/
jurisdictions, such as other Indian
Tribes, states, counties, cities,
townships, towns, boroughs, etc. If a
Tribe requests additional consultation,
Rural Development will work with the
Office of Tribal Relations to ensure
meaningful consultation is provided
where changes, additions and
modifications identified herein are not
expressly mandated by Congress.
Paperwork Reduction Act
The information collection
requirements contained in this
regulation have been approved by OMB
and have been assigned OMB control
number: 0570–0068. This final rule
contains no new reporting and
recordkeeping requirements that would
require approval under the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35).
E-Government Act Compliance
RD is committed to complying with
the E-Government Act, to promote the
use of the internet and other
information technologies, to provide
increased opportunities for citizens to
access Government information and
services electronically.
Civil Rights Impact Analysis
Rural Development has reviewed this
rule in accordance with USDA
Regulation 4300–4, Civil Rights Impact
Analysis, to identify any major civil
rights impacts the rule might have on
program participants based on age, race,
color, national origin, sex or disability.
After review and analysis of the rule
and available data, it has been
determined that implementation of the
rule will not adversely or
disproportionately impact very low,
low-, and moderate-income populations,
minority populations, women or Indian
Tribes by virtue of their race, color,
national origin, sex, age, disability, or
marital or familial status. No major civil
rights impact is likely to result from this
rule.
Non-Discrimination Statement
In accordance with Federal civil
rights law and U.S. Department of
Agriculture (USDA) civil rights
regulations and policies, the USDA, its
Agencies, offices, and 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 funded by USDA
(not all bases apply to all programs).
Remedies and complaint filing
deadlines vary by program or incident.
Persons with disabilities who require
alternative means of communication for
program information (e.g., Braille, large
print, audiotape, American Sign
Language, etc.) should contact the
responsible Agency or USDA’s TARGET
Center at (202) 720–2600 (voice and
TTY) or contact USDA through the
Federal Relay Service at (800) 877–8339.
Additionally, program information may
be made available in languages other
than English.
To file a program discrimination
complaint, complete the USDA Program
Discrimination Complaint Form, AD–
3027, found online at http://
www.ascr.usda.gov/complaint_filing_
cust.html and at any USDA office or
write a letter addressed to USDA and
provide in the letter all the information
requested in the form. To request a copy
of the complaint form, call (866) 632–
9992. Submit your completed form or
letter to USDA by:
(1) Mail: U.S. Department of
Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400
Independence Avenue SW, Washington,
DC 20250–9410;
(2) Fax: (202) 690–7442; or
(3) Email: program.intake@usda.gov.
USDA is an equal opportunity
provider, employer, and lender.
List of Subjects
7 CFR Part 1779
Loan programs, Waste treatment and
disposal, Water supply.
7 CFR Part 1780
Community development,
Community facilities, Grant programs—
housing and community development,
Reporting and recordkeeping
requirements, Rural areas, Waste
treatment and disposal, Water supply,
Watersheds.
7 CFR Part 1806
Agriculture, Flood insurance,
Insurance, Loan programs—agriculture,
Loan programs—housing and
community development, Low and
moderate income housing, Rural areas.
7 CFR Part 1810
Agriculture, Loan programs—
agriculture, Loan programs—housing
and community development, Low and
moderate income housing, Rural areas.
7 CFR Part 1822
Loan programs—housing and
community development, Low and
moderate income housing, Nonprofit
organizations, Rural areas.
7 CFR Part 1900
Administrative practice and
procedure, Authority delegations
(Government agencies), Conflict of
interests, Government employees, Grant
programs—agriculture, Grant
programs—housing and community
development, Loan programs—
agriculture, Loan programs—housing
and community development, Reporting
and recordkeeping requirements, Rural
areas.
7 CFR Part 1901
Agriculture, Civil rights, Fair housing,
Grant programs—agriculture, Grant
programs—housing and community
development, Grant programs—Indians,
Historic preservation, Indians,
Intergovernmental relations, Loan
programs—agriculture, Loan programs—
housing and community development,
Loan programs—Indians, Low and
moderate income housing, Marital
status discrimination, Minimum wages,
Religious discrimination, Reporting and
recordkeeping requirements, Rural
areas, Sex discrimination.
7 CFR Part 1902
Accounting, Banks, banking, Grant
programs—agriculture, Grant
programs—housing and community
development, Loan programs—
agriculture, Loan programs—housing
and community development, Reporting
and recordkeeping requirements, Rural
areas.
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7 CFR Part 1910
Agriculture, Credit, Grant programs—
agriculture, Grant programs—housing
and community development, Loan
programs—agriculture, Loan programs—
housing and community development,
Low and moderate income housing,
Reporting and recordkeeping
requirements, Rural areas.
7 CFR Part 1924
Administrative practice and
procedure, Agriculture, Claims, Credit,
Grant programs—agriculture, Grant
programs—housing and community
development, Housing standards, Loan
programs—agriculture, Loan programs—
housing and community development,
Low and moderate income housing,
Manufactured homes, Reporting and
recordkeeping requirements, Rural
areas.
7 CFR Part 1925
Agriculture, Loan programs—
agriculture, Loan programs—housing
and community development, Low and
moderate income housing, Rural areas,
Taxes.
7 CFR Part 1927
Agriculture, Loan programs—
agriculture, Loan programs—housing
and community development, Low and
moderate income housing, Rural areas.
7 CFR Part 1930
Fair housing, Grant programs—
housing and community development,
Loan programs—housing and
community development, Low and
moderate income housing, Reporting
and recordkeeping requirements, Rural
areas.
7 CFR Part 1940
Agriculture, Environmental
protection, Flood plains, Grant
programs—agriculture, Grant
programs—housing and community
development, Loan programs—
agriculture, Loan programs—housing
and community development, Low and
moderate income housing, Reporting
and recordkeeping requirements, Rural
areas, Truth in lending.
7 CFR Part 1942
Business and industry, Community
facilities, Fire prevention, Grant
programs—business, Grant programs—
housing and community development,
Grant programs—Indians, Indians, Loan
programs—agriculture, Loan programs—
housing and community development,
Loan programs—Indians, Loan
programs—natural resources, Reporting
and recordkeeping requirements, Rural
areas, Soil conservation, Waste
treatment and disposal, Water supply,
Watersheds.
7 CFR Part 1944
Administrative practice and
procedure, Aged, Cooperatives, Fair
housing, Grant programs—housing and
community development, Home
improvement, Individuals with
disabilities, Loan programs—housing
and community development, Low and
moderate income housing,
Manufactured homes, Migrant labor,
Rent subsidies, Reporting and
recordkeeping requirements, Rural
areas.
7 CFR Part 1948
Coal, Community facilities, Grant
programs—housing and community
development, Radioactive materials,
Reporting and recordkeeping
requirements, Rural areas.
7 CFR Part 1950
Accounting, Loan programs—
agriculture, Loan programs—housing
and community development, Military
personnel, Rural areas.
7 CFR Part 1951
Accounting, Agriculture, Claims,
Community facilities, Credit, Disaster
ssistance, Government employees, Grant
programs—housing and community
development, Housing, Income taxes,
Loan programs—agriculture, Loan
programs—housing and community
development, Low and moderate
income housing, Reporting and
recordkeeping requirements, Rural
areas, Wages.
7 CFR Part 1955
Agriculture, Drug traffic control,
Government property, Loan programs—
agriculture, Loan programs—housing
and community development, Low and
moderate income housing, Rural areas.
7 CFR Part 1956
Accounting, Business and industry,
Claims, Loan programs—agriculture,
Loan programs—business, Loan
programs—housing and community
development, Reporting and
recordkeeping requirements, Rural
areas.
7 CFR Part 1957
Loan programs—housing and
community development, Low and
moderate income housing, Rural areas.
7 CFR Part 1962
Agriculture, Bankruptcy, Drug traffic
control, Government property, Loan
programs—agriculture, Loan programs—
housing and community development,
Rural areas.
7 CFR Part 1965
Accounting, Drug traffic control,
Grant programs—housing and
community development, Loan
programs—agriculture, Loan programs—
housing and community development,
Low and moderate income housing,
Reporting and recordkeeping
requirements, Rural areas.
7 CFR Part 1970
Administrative practice and
procedure, Buildings and facilities,
Environmental impact statements,
Environmental protection, Grant
programs, Housing, Loan programs,
Natural resources, Utilities.
7 CFR Part 1980
Agriculture, Business and industry,
Community facilities, Credit, Disaster
assistance, Livestock, Loan programs—
agriculture, Loan programs—business,
Loan programs—housing and
community development, Low- and
moderate-income housing, Reporting
and recordkeeping requirements, Rural
areas.
7 CFR Part 2003
Freedom of information, Organization
and functions (Government agencies),
Rural areas, Volunteers.
7 CFR Part 2018
Administrative practice and
procedure, Freedom of information.
7 CFR Part 2045
Government employees, Volunteers.
7 CFR Part 3570
Administrative practice and
procedure, Fair housing, Grant
programs—housing and community
development, Housing, Low- and
moderate-income housing, Reporting
and recordkeeping requirements, Rural
areas.
7 CFR Part 3575
Loan programs—agriculture.
7 CFR Part 4279
Loan programs—business, Reporting
and recordkeeping requirements, Rural
areas.
7 CFR Part 4280
Business and industry, Energy, Grant
programs—business, Loan programs—
business, Rural areas.
For the reasons set forth in the
preamble, chapters XVII, XVIII, XXXV,
and XLII of title 7 Code of Federal
Regulations are amended as follows:
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PART 1779—WATER AND WASTE
DISPOSAL PROGRAMS GUARANTEED
LOANS
■1. The authority citation for part 1779
continues to read as follows:
Authority: 5 U.S.C. 301, 7 U.S.C. 1989, 16
U.S.C. 1005.
■2. Section 1779.51 is revised to read
as follows:
§ 1779.51 Strategic economic and
community development.
Applicants with projects that support
the implementation of Strategic
Community Investment Plans are
encouraged to review and consider 7
CFR part 1980, subpart K, which
contains provisions for providing
priority to projects that support the
implementation of Strategic Community
Investments Plans on a multi-
jurisdictional and multi-sectoral basis.
PART 1780—WATER AND WASTE
LOANS AND GRANTS
■3. The authority citation for part 1780
continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16
U.S.C. 1005.
Subpart B—Loan and Grant
Application Processing
■4. Section 1780.34 is revised to read
as follows:
§ 1780.34 Strategic economic and
community development.
Applicants with projects that support
the implementation of Strategic
Community Investment Plans are
encouraged to review and consider 7
CFR part 1980, subpart K, which
contains provisions for providing
priority to projects that support the
implementation of Strategic Community
Investment Plans on a multi-
jurisdictional and multi-sectoral basis.
■5. Under the authority of 5 U.S.C 301,
7 U.S.C. 1926(a), 7 U.S.C. 1932(a), 7
U.S.C. 1989, and 7 U.S.C. 8107, the
heading of chapter XVIII is revised to
read as follows:
CHAPTER XVIII—RURAL HOUSING
SERVICE, RURAL BUSINESS–
COOPERATIVE SERVICE, AND RURAL
UTILITIES SERVICE, DEPARTMENT OF
AGRICULTURE
PART 1942—ASSOCIATIONS
■6. The authority citation for part 1942
continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989.
Subpart A—Community Facility Loans
■7. Section 1942.10 revised to read as
follows:
§ 1942.10 Strategic economic and
community development.
Applicants with projects that support
the implementation of Strategic
Community Investment Plans are
encouraged to review and consider 7
CFR part 1980, subpart K, which
contains provisions for providing
priority to projects that support the
implementation of Strategic Community
Investment Plans on a multi-
jurisdictional and multi-sectoral basis.
Subpart C—Fire and Rescue and Other
Small Community Facilities Projects
■8. Section 1942.110 revised to read as
follows:
§ 1942.110 Strategic economic and
community development.
Applicants with projects that support
the implementation of Strategic
Community Investment Plans are
encouraged to review and consider 7
CFR part 1980, subpart K, which
contains provisions for providing
priority to projects that support the
implementation of Strategic Community
Investment Plans on a multi-
jurisdictional and multi-sectoral basis.
PART 1980—GENERAL
■9. The general authority citation for
part 1980 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989.
* * * * *
Subpart K—Strategic Economic and
Community Development
■10. Section 1980.1001 is revised to
read as follows:
§ 1980.1001 Purpose.
Projects that support the
implementation of Strategic Community
Investment Plans may receive priority
funding from authorized programs
found in § 1980.1002. The purpose of
this subpart is to describe the process by
which applications will be reviewed
and selected to receive priority funding.
■11. Section 1980.1002 is revised to
read as follows:
§ 1980.1002 Programs.
The Agency may elect to reserve
funds from one or more programs for
projects that support Strategic
Community Investment Plans. The
programs chosen for a given fiscal year
will be announced annually in a notice
published in the Federal Register. The
authorized programs are:
(a) Community Facility Loans (7 CFR
part 1942, subpart A).
(b) Community Facilities Grant
Program (7 CFR part 3570, subpart B).
(c) Community Programs Guaranteed
Loans (7 CFR part 3575, subpart A).
(d) Water and Waste Disposal
Programs Guaranteed Loans (7 CFR part
1779).
(e) Water and Waste Loans and Grants
(7 CFR part 1780, subparts A, B, C, and
D).
(f) Business and Industry Guaranteed
Loans (7 CFR part 4279, subparts A and
B; 7 CFR part 4287, subpart B).
(g) Rural Business Development
Grants (7 CFR part 4280, subpart E).
(h) Community Connect Grant (7 CFR
part 1739).
(i) Rural Community Development
Initiative Grant (2 CFR part 200).
(j) Tribal College Initiative Grants (7
CFR part 3570, subpart B).
(k) Intermediary Relending Program (7
CFR part 4274).
(l) Mutual Self-Help Housing
Technical Assistance Grants (7 CFR part
1944, subpart I).
(m) Rural Housing Site Loans (7 CFR
part 1822, subpart G).
(n) Housing Preservation Grants (7
CFR part 1994, subpart N; 7 CFR part
1970, subparts A and O).
(o) Farm Labor Housing Direct Loans
and Grants (7 CFR part 3560, subparts
L and M).
(p) Multi-Family Housing Loan
Guarantees (7 CFR part 3565).
(q) Distance Learning and
Telemedicine Loans and Grants (7 CFR
part 1734).
(r) Rural Energy for America Program
(7 CFR part 4280, subpart B).
(s) Rural Economic Development
Loans and Grants (7 CFR part 4280).
(t) Rural Energy Savings Program (7
U.S.C. 8107a).
(u) Value-Added Producer Grants (7
U.S.C. 1632a).
(v) Household Water Well System
Grant Program (7 CFR part 1776).
(w) Solid Waste Management Grant (7
CFR part 1775, subpart D).
■12. Amend § 1980.1004 by revising
paragraphs (b) and (c) to read as follows:
§ 1980.1004 Funding.
* * * * *
(b) Percentage of funds. The Agency
will reserve up to 15 percent of the
funds made available in a fiscal year to
each program identified in § 1980.1002.
The percentage of funds to be set aside
will be published in a notice in the
Federal Register on an annual basis.
The Agency may reserve the same or
different percentages for each program
in a single fiscal year.
(c) Unobligated funds. In accordance
with 7 U.S.C. 2008v, all Strategic
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Economic and Community Development
(SECD) reserved funds will be reserved
for the 1-year period beginning on the
date on which the funds were first made
available. The Agency has determined
that for both non-annual and annually
appropriated programs, SECD reserved
funding will be available for obligation
until dates established by covered
programs as specified in a SECD annual
Federal Register publication. Reserved
funds in annual programs not obligated
by September 30 will be reconciled
according to applicable law.
■13. In § 1980.1005:
■a. Revise the definition of ‘‘Adopted;’’
■b. Remove the definition of ‘‘Carried
Out Solely in a rural area;’’
■c. Add the definition of ‘‘Carried out
in a rural area’’ in alphabetical order;
■d. Revise the definition of
‘‘Jurisdiction’’;
■e. Remove the definition for ‘‘Multi-
Jurisdictional’’ and add the definition
for ‘‘Multi-jurisdictional’’ in its place;
■f. Add the definition of ‘‘Multi-
sectoral’’ in alphabetical order;
■g. Revise the definitions of
‘‘Philanthropic organization,’’ ‘‘Plan,’’
and ‘‘Project;’’ and
■h. Add the definitions of ‘‘Sector,’’
‘‘Stakeholder,’’ and ‘‘Strategic partners’’
in alphabetical order.
The revisions and additions read as
follows:
§ 1980.1005 Definitions.
* * * * *
Adopted means appropriate entity
has, or entities have, officially approved
the plan for implementation. The
appropriate entity or entities will vary
among plans and may be, for example,
a governing body or planning board.
* * * * *
Carried out in a rural area means
either:
(1) The entire project is physically
located in a rural area; or
(2) The beneficiaries of the service(s)
provided through the project must
either reside in a rural area (in the case
of individuals) or be located in a rural
area (in the case of entities).
* * * * *
Jurisdiction means a unit of
government or other entity with similar
powers, such as a city, county, district,
special purpose district, township,
town, borough, parish, village, state,
Indian tribe, etc.
Multi-jurisdictional means more than
one jurisdiction.
Multi-sectoral means intentional
collaboration between two or more
sectors (i.e., utility, health, housing,
community services, etc.) to accomplish
goals and achieve outcomes in
communities and regions.
Philanthropic organization means an
entity whose mission is to provide
monetary, technical assistance, or other
items of value for religious, charitable,
community development, scientific,
literary, or educational purposes.
Plan means a Strategic Community
Investment Plan illustrating:
(1) A variety of activities designed to
facilitate the vision of a rural
community for the future including
considerations for improving and
expanding broadband services as
needed;
(2) Participation by multiple
stakeholders, including local and
regional partners;
(3) Leverage of applicable regional
resources;
(4) Investment from strategic partners,
such as private organizations,
cooperatives, other government entities,
Indian tribes, and philanthropic
organizations;
(5) Clear objectives with the ability to
establish measurable performance
metrics;
(6) Action steps for implementation;
and
(7) Any other elements necessary to
ensure that the plan results in a
comprehensive and strategic approach
to rural economic development, as
determined by the Secretary.
Project means the eligible proposed
use(s) for which funds are requested as
described in the application material
submitted to the Agency for funding
under the programs listed in
§ 1980.1002.
Sector means stakeholders from areas
such as business, health, education,
and/or workforce; or from organization
types such as public, private, non-profit,
and/or philanthropy.
Stakeholder means an individual,
group or organization with an interest
in, or affected by, the plan.
Strategic partner means entities such
as private organizations, cooperatives,
other government entities, Indian
Tribes, and philanthropic organizations.
■15. Amend § 1980.1010 by revising
paragraphs (b) and (c) to read as follows:
§ 1980.1010 Project eligibility.
* * * * *
(b) The Project must be carried out in
a rural area; and
(c) The Project must support the
implementation of a Strategic
Community Investment Plans on a
multi-jurisdictional and multi-sectoral
basis.
■16. Section 1980.1015 is revised to
read as follows:
§ 1980.1015 Applications.
In addition to the application material
specific to the applicable program
identified in § 1980.1002, each
applicant seeking funding under this
subpart must provide the information
specified in paragraphs (a) through (f) of
this section.
(a) A Strategic Economic and
Community Development application
form (Form RD 1980–88);
(b) A description of the jurisdiction or
jurisdictions in which the Plan is to be
implemented;
(c) Documentation that the Plan was
developed through the collaboration of
multiple stakeholders in the jurisdiction
of the Plan, including the participation
of combinations of stakeholders;
(d) Documentation that the Plan
demonstrates leveraging of the
applicable region’s assets to support the
Plan;
(e) Documentation indicating whether
or not the Plan includes monetary or
non-monetary contributions from
strategic partners; and
(f) Documentation that the Plan
contains:
(1) Clear, measurable performance
objectives with action steps for
implementation; and
(2) The ability to track progress
toward meeting the Plan’s objectives.
■17. Amend § 1980.1020 by revising
paragraphs (a) and (b) to read as follows:
§ 1980.1020 Scoring.
* * * * *
(a) Program scoring. The Agency will
score each application using the criteria
for the applicable covered program,
identified in § 1980.1002. The
maximum number of points an
application can receive under this
paragraph (a) is based on the scoring
criteria for the applicable program
identified in § 1980.1002, including any
discretionary points that may be
awarded.
(b) SECD scoring. The Agency will
score each application using the criteria
identified in paragraphs (b)(1) and (2) of
this section. The maximum number of
points an application can receive under
this paragraph (b) is 20 points.
(1) Objectives of the plan. The Agency
will score how the project supports
achieving the objectives of a plan which
are identified in paragraphs (b)(1)(i)
through (iii). Applicants must supply
sufficient documentation that
demonstrates to the Agency the criteria
identified in paragraphs (b)(1)(i) through
(iii) of this section are met. The
maximum score under this paragraph
(b)(1) is 10 points.
(i) If the project directly supports
implementation of three or more of the
plan’s objectives, the application will
receive 10 points.
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(ii) If the project directly supports
implementation of two of the plan’s
objectives, the application will receive 5
points.
(iii) If the project directly supports
implementation of less than two of the
plan’s objectives, the application will
receive no points.
(2) Characteristics of a plan. The
Agency will score the plan associated
with a Project based upon the
characteristics of the plan, which are
identified in paragraphs (b)(2)(i) through
(v) of this section. Applicants must
supply sufficient documentation that
demonstrates to the Agency the criteria
identified in paragraphs (b)(2)(i) through
(v) of this section are met. The
maximum score under this paragraph
(b)(2) is 10 points.
(i) Variety of activities. If the plan
contains a variety of activities which
clearly show facilitation toward
achieving the vision for the rural
communities and/or region as expressed
in the plan, two points will be awarded.
(ii) Regional resources leverage. If the
plan demonstrates an understanding of
the applicable regional asset resources
and indicates leveraging of those
resources to support the plan, including
cultural resources, natural resources,
human resources, infrastructure, and
financial resources, two points will be
awarded.
(iii) Strategic partner investments. If
the Plan includes investments from
strategic partners other than the U.S.
Department of Agriculture, two points
will be awarded.
(iv) Participation by multiple
stakeholders. If the plan provides
evidence of the involvement of multiple
stakeholders from multiple jurisdictions
and representing multiple sectors in the
preparation, implementation,
monitoring and/or evaluation of the
plan, Rural Development (RD) will
award two points.
(v) Objectives, performance measures,
and action steps. If the plan contains
clear, measurable objectives, the ability
to track progress toward meeting the
objectives and identifiable action steps
for implementation, two points will be
awarded.
* * * * *
■18. Section 1980.1025 is revised to
read as follows:
§ 1980.1025 Award process.
(a) Unless RD indicates otherwise in
a notice, the award process for the
applicable program identified in
§ 1980.1002 will be used to determine
which Projects receive funding under
this subpart.
(b) Projects not receiving funding
under this subpart are eligible to
compete for funding under the
applicable program identified in
§ 1980.1002. The scores for such
Projects when competing for program
funding will not include the score
assigned to the application under
§ 1980.1020(b).
§ 1980.1026 [Removed and Reserved]
■19. Remove and reserve § 1980.1026.
PART 3570—COMMUNITY PROGRAMS
■20. The authority citation for part
3570 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989.
Subpart B—Community Facilities
Grant Program
■21. Section 3570.71 revised to read as
follows:
§ 3570.71 Strategic economic and
community development.
Applicants with projects that support
the implementation of Strategic
Community Investment Plans are
encouraged to review and consider 7
CFR part 1980, subpart K, which
contains provisions for providing
priority to projects that support the
implementation of Strategic Community
Investment Plans on a multi-
jurisdictional and multi-sectoral basis.
PART 3575—GENERAL
■22. The authority citation for part
3575 continues to read as follows:
Authority: 5 U.S.C. 301, 7 U.S.C. 1989.
Subpart A—Community Program
Guaranteed Loans
■23. Section 3575.51 revised to read as
follows:
§ 3575.51 Strategic economic and
community development.
Applicants with projects that support
the implementation of Strategic
Community Investment Plans are
encouraged to review and consider 7
CFR part 1980, subpart K, which
contains provisions for providing
priority to projects that support the
implementation of strategic community
investment plans on a multi-
jurisdictional and multi-sectoral basis.
PART 4279—GUARANTEED
LOANMAKING
■24. The authority citation for part
4279 continues to read as follows:
Authority: 5 U.S.C. 301; and 7 U.S.C.
1989: and Public Law 116–136, Division B,
Title I.
Subpart B—Business and Industry
Loans
■25. Section 4279.162 revised to read
as follows:
§ 4279.162 Strategic economic and
community development.
Applicants with projects that support
the implementation of Strategic
Community Investment Plans are
encouraged to review and consider 7
CFR part 1980, subpart K, which
contains provisions for providing
priority to projects that support the
implementation of Strategic Community
Investment Plans on a multi-
jurisdictional and multi-sectoral basis.
PART 4280—LOANS AND GRANTS
■26. The authority citation for part
4280 continues to read as follows:
Authority: 5 U.S.C. 301: 7 U.S.C. 940c and
7 U.S.C. 1932(c).
Subpart E—Rural Business
Development Grants
■27. Section 4280.428 revised to read
as follows:
§ 4280.428 Strategic economic and
community development.
Applicants with projects that support
the implementation of Strategic
Community Investment Plans are
encouraged to review and consider 7
CFR part 1980, subpart K, which
contains provisions for providing
priority to projects that support the
implementation of Strategic Community
Investment Plans on a multi-
jurisdictional and multi-sectoral basis.
Bette B. Brand,
Deputy Undersecretary, Rural Development.
Richard Fordyce,
Administrator, Farm Service Agency.
[FR Doc. 2020–19825 Filed 9–21–20; 8:45 am]
BILLING CODE 3410–XV–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2020–0166]
RIN 3150–AK50
List of Approved Spent Fuel Storage
Casks: NAC International, Inc.
MAGNASTOR
®
Storage System,
Certificate of Compliance No. 1031,
Amendment No. 9
AGENCY
: Nuclear Regulatory
Commission.
ACTION
: Direct final rule.
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