80 FR 52606 - Section 306D Water Systems for Rural and Native Villages in Alaska
DEPARTMENT OF AGRICULTURE
Rural Utilities Service Federal Register Volume 80, Issue 169 (September 1, 2015)
Rural Utilities Service
Federal Register Volume 80, Issue 169 (September 1, 2015)
| Page Range | 52606-52614 | |
| FR Document | 2015-21122 |
[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)] [Rules and Regulations] [Pages 52606-52614] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21122] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Rural Utilities Service 7 CFR Part 1784 RIN 0572-AC28 Section 306D Water Systems for Rural and Native Villages in Alaska AGENCY: Rural Utilities Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Rural Utilities Service (RUS), an Agency of the United States Department of Agriculture (USDA), is modifying its existing regulations to establish a separate regulation for making grants to rural or Native Alaskan Villages under the Rural Alaska Village Grant (RAVG) Program. The existing RAVG regulation will be relocated to its own section and modified to conform with streamlined processes established through a Memorandum of Understanding among USDA, RUS; The United States Department of Health and Human Services, Indian Health Service (IHS); The State of Alaska, Department of Environmental Conservation (DEC); and the Alaska Native Tribal Health Consortium (ANTHC). The grants will be provided directly to a rural or Native Alaskan Village or jointly with either DEC or ANTHC for the development and construction of water and wastewater systems to improve the health and sanitation conditions in those Villages through removal of dire sanitation conditions. DATES: This rule is effective September 1, 2015. FOR FURTHER INFORMATION CONTACT: Jacqueline M. Ponti-Lazaruk, Assistant Administrator, Water and Environmental Programs, Rural Utilities Service, Rural Development, U.S. Department of Agriculture, 1400 Independence Avenue SW., STOP 1548, Room 5147, Washington, DC 20250- 1590. Telephone number: (202) 690-2670, Facsimile: (202) 720-0718. SUPPLEMENTARY INFORMATION: Executive Order 12866 This final rule has been determined to be not significant for purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. RUS has determined that this rule meets the applicable standards provided in section 3 of that Executive Order. In addition, all State and local laws and regulations that are in conflict with this rule will be preempted. No retroactive effect will be given to the rule and, in accordance with section 212(e) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6912(e)), administrative appeal procedures must be exhausted before an action against the Department or its agencies may be initiated. Regulatory Flexibility Act Certification Pursuant to 5 U.S.C. 553(a) (2), this final rule related to grants is exempt from the rulemaking requirements of the Administrative Procedure Act (5 U.S.C. 551 et seq.), including the requirement to provide prior notice and an opportunity for public comment. Because this rule is not subject to a requirement to provide prior notice and an opportunity for public comment pursuant to 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are inapplicable. Information Collection and Recordkeeping Requirements The information collection and recordkeeping requirements contained in this final rule are pending approval by OMB pursuant to the Paperwork Reduction Act 1995 (44 U.S.C. Chapter 35) under control number 0572-AC28 . The paperwork contained in this rule will not be effective until approved by OMB. E-Government Act Compliance RUS is committed to the E-Government Act, which requires Government agencies in general to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. Catalog of Federal Domestic Assistance The program described by this final rule is listed in the Catalog of Federal Domestic Assistance Programs under number 10.760. This catalog is available electronically through the free CFDA Web site on the Internet at http://www.cfda.gov. The print edition may be purchased by calling the Superintendent of Documents at 202-512-1800 or toll free at 866-512-1800, or ordering it online at http://bookstore.thefederalregister.org. Executive Order 12372 All projects funded under this part are subject to Executive Order 12372 (3 CFR, 1983 Comp., p. 197), which requires intergovernmental consultation with State and local officials. These requirements are set forth in U.S. [[Page 52607]] Department of Agriculture regulations 2 CFR part 415, subpart C, and RD Instruction 1940 J. In the case of grants made to DEC and ANTHC, DEC and ANTHC will certify that the requirements listed in paragraphs a-e are included in their agreements with the rural or native villages. Federally Recognized Tribes, however, are exempt from this process as set forth in the U.S. Department of Agriculture regulations 7 CFR 1940.453(c) and RD Instruction 1940.J which addresses applications from Indian tribes. Specifically, applications from federally recognized Indian tribes are not subject to the requirements of this subpart. However, Indian tribes may voluntarily participate in the review system explained in this Subpart and are encouraged to do so. When a federally recognized Tribal Government has established a mechanism for coordinating the activities of Tribal departments, divisions, enterprises or entities, Rural Development will, on request of such Tribal Government transmitted through OMB, require that applications for assistance be subject to review by the Tribal coordinating mechanism as though it were a part of the consultation process under this Subpart. Unfunded Mandates This final rule contains no Federal mandates (under the regulatory provision of Title II of the Unfunded Mandate Reform Act of 1995) for State, local, and tribal governments or the private sector. Thus, this final rule is not subject to the requirements of sections 202 and 205 of the Unfunded Mandate Reform Act of 1995. National Environmental Policy Act Certification RUS has determined that this final rule will not significantly affect the quality of the human environment as defined by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). Therefore, this action does not require an environmental impact statement or assessment. Executive Order 13132, Federalism The policies contained in this final rule do not have any substantial direct effect on states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. Nor does this final rule impose substantial direct compliance costs on state and local governments. Therefore, consultation with the states is not required. Executive Order 13175 Executive Order 13175 imposes requirements on RUS in the development of regulatory policies that have tribal implications or preempt tribal laws. RUS has determined that this final rule has a substantial direct effect on one or more Indian tribe(s) or on either the relationship or the distribution of powers and responsibilities between the Federal Government and Indian tribes. Therefore, in anticipation of the publication of this final rule, RUS focused its quarterly Tribal Consultation webinar and teleconference process during the summer of 2013 on the Rural Alaska Village Grant program. A pre- consultation briefing was held on June 20, 2013 to provide a thorough briefing of the Rural Alaska Village Grant program and the regulatory changes under consideration. This was followed by a Tribal Consultation webinar and teleconference on July 17, 2013. Input received by RUS through the Tribal Consultation process was considered alongside comments to the proposed rule and utilized in drafting the final rule. If a Tribe has questions about the Tribal Consultation process please contact Rural Development's Native American Coordinator at (720) 544- 2911 or [email protected]. Background The Rural Utilities Service, a Rural Development agency of the United States Department of Agriculture (RUS), works to improve the quality of life in rural America by providing investment capital, in the form of loans, loan guarantees, grants and technical assistance for the deployment of rural telecommunications, broadband, electric, water and environmental infrastructure. RUS loans, loan guarantee and grant programs act as a catalyst for economic and community development. By financing improvements to rural electric, water and waste, and telecommunications and broadband infrastructure, RUS plays a significant role in improving other measures of quality of life in rural America, including public health and safety, environmental protection, conservation, and cultural and historic preservation. Comments RUS published a proposed rulemaking in the Federal Register on December 20, 2013 at 78 FR 77009 seeking comments on modification to an existing regulation and the establishment of a separate regulation for the RAVG program. The Agency received one comment from an outside Federal agency, the U.S. Army Corps of Engineers Alaska District Hydraulics Section, along with two public submissions from the Alaska Native Tribal Health Consortium (ANTHC) and the State of Alaska Department of Environmental Conservation (DEC) regarding the proposed rule. The commenters' responses are summarized below with the Agency's responses as follows: Issue 1: ANTHC and DEC stated that the definition of dire sanitation conditions is problematic and suggested modifying the existing definition because it does not allow identified deficiencies to be addressed until they have already undermined public health and until the deficiency is far more difficult and expensive to correct. Response: RUS agrees in part with the commenters and will modify parts 1 and 2 of the definition of dire sanitation conditions as presented by ANTHC in their comment submission. RUS is also adjusting part 3 of the definition so that it will allow an appropriate Federal agency (such as the Center for Disease Control) or a regulatory Agency of the State of Alaska to determine if the drinking water and/or sewer system does not meet regulatory requirements. RUS, however, disagrees with the proposed addition of a 4th part of the definition that would allow ``a professional engineer to determine if existing water and/or wastewater system components have exceeded their design life and replacements or upgrades are required to extend the service life to prevent loss of service or ability to meet regulatory or safety standards.'' The language as proposed would allow for any professional engineer, regardless of background, association, etc., to make a determination of need based on their personal assessment of a systems useful life. This approach would allow for inconsistencies in determinations and a potential for inaccurate prioritization of need. Allowing a professional engineer to determine whether a system has exceeded its useful life and is in need of repairs or replacement is not comparable to determining whether a dire sanitary need exists. Further, the commenters do not specify whether the professional engineer would be a private or public engineer. In the case of a private professional engineer, the Agency is concerned that there would be an incentive to prioritize the largest, most costly, projects to maximize revenues, rather than an unbiased prioritization of need. Section 306D of the Consolidated Farm and Rural Development Act authorizes the Secretary of Agriculture to ``make grants [[Page 52608]] to the State of Alaska for the benefit of rural or Native villages in Alaska to provide for the development and construction of water and wastewater systems to improve the health and sanitation conditions in those villages, and to prioritize the allocation of grants based on health and sanitation conditions.'' Given the limited grant funds available and the existing conditions in many native Alaskan villages, the Agency has determined that distinguishing between general lifecycle replacement need and dire sanitary need is necessary to ensure that funds are used for their highest purpose. As stated above, the Agency, upon consideration of the comments, will modify section three of the proposed definition of dire sanitary need to include language allowing appropriate Federal and State Agencies to assess the level of need. In doing so, the Agency expects that such qualified and appropriate agencies will make determinations based on standard evaluative processes. This approach will allow for more consistent determinations and meet the requirements of the statute. Issue 2: Sec. 1784.8(e) Eligibility--ANTHC and DEC request to delete some eligibility information as it relates to dire sanitation conditions. Response: RUS disagrees with deleting the information in Sec. 1784.8(e) as it would be a disservice to the communities that face the highest health and safety issues related to inadequate sanitation services. The purpose of the language is to clearly identify the level of documentation needed by the Agency to make a proper determination of eligibility for funding. RUS has placed an emphasis on health and dire sanitation needs to ensure that federal funds are used appropriately. In cases where there is scientific evidence or reports with substantiated evidence of associated health issues, documentation may be accepted from an appropriate federal agency such as the Center for Disease Control. The Agency is also adding language to address the concern that other situations may exist beyond the definition of dire sanitary condition in this regulation that have a negative impact on the health or safety of an eligible community, Specifically, the Agency is adding paragraph (f) to Section 1784.8 to allow applicants to request a special review and eligibility determination in individual cases where a proposed project does not meet the definition of ``Dire sanitation condition'' in Sec. 1784.2, and where the applicant is able to satisfactorily demonstrate that a water or sewer system is deficient and negatively impacts the health or safety of the community. The decision to review an eligibility determination request and any determinations made subject to this paragraph will not be subject to administrative appeal. Through planning efforts, RUS will continue to work with ANTHC, DEC, and rural Alaskan communities to help plan sanitation projects. In the event that the project does not meet the dire sanitation condition definition, the planning documents created through a Predevelopment and Planning Grant, which is another grant program offered by RUS, can be utilized by the community to secure other funding through Rural Development's water and waste program or elsewhere. The dire sanitation eligibility criteria will apply to design and construction projects. Issue 3: Sec. 1784.10--Eligible Grant Purposes: There are three issues related to eligible grant purposes in which both ANTHC and DEC provided suggestions, which are as follows: Issue 3a. ANTHC suggests the proposed language for Reasonable Costs and Contingencies in Sec. 1784.10(b)(1) is misplaced and should be modified to include a specific reference to ``materials (including construction allowance) and freight.'' Response: RUS agrees that the proposed language is misplaced and will relocate the language to Sec. 1784.10 (a). However, RUS disagrees with the modification of reasonable costs. The Agency is concerned that if reasonable costs including construction allowances were allowed, scarce grant funds may be used for excess parts and fewer grant funds would be available for actual construction of infrastructure in communities in great need. RUS will work with applicants as needed with regard to occasional breakage and/or defects of materials. Issue 3b. ANTHC suggests the proposed language for Training and Technical Assistance is not consistent with the Agriculture Appropriations Act and other documents. Response: RUS agrees that technical assistance funds may be provided to other entities as designated in the annual appropriations. RUS proposes to amend the language in Sec. 1784.10(b)(1)(iii) to align with the language in the Consolidated Appropriations Act, 2014. Issue 3c. ANTHC and DEC suggest the proposed rule limits installation of water and sanitation services to residential homes only and does not include public facilities except for those necessary for the successful operation and maintenance of the water and sanitation system. It is suggested that the rule be revised to allow funding for water and sewer connections for facilities that provide health and social services and public facilities such as schools, school housing, public safety offices, health care facilities, government offices, etc. Response: RUS disagrees with the proposed recommendations to modify the language in Sec. 1784.10(c)(1). While the authorizing statute 306D does not restrict RAVG funds to residential homes, it also makes no mention of offering these services to public facilities. RUS's interpretation of the statute's purpose is to provide infrastructure for water and wastewater systems and Alaskan village residents directly connected to those systems. The suggested facilities addressed by the commenters are, however, eligible under the Rural Development Community Facilities program whose eligibility includes public facilities. Refer to Community Facilities regulation Sec. 1942.17(d). Issue 4: Grantee Accounting Methods, Management Reporting and Audits--ANTHC finds the proposed language confusing. Response: RUS agrees that language in this section is confusing and will modify the language for simplicity. Issue 5: Exception Authority--ANTHC recommends this section be expanded to allow the RUS Administrator flexibility to consider using funds on a case-by-case basis for additional installations that will promote access to public health services and sustainability of the system; and also recommends that RUS consider a delegation of exception authority to the Rural Development Alaska State Director. Response: The request to broaden exception authority appears, from the comments filed, to be a vehicle to address concerns with what one or more commenters see as a too restrictive definition of dire sanitary need. As stated earlier, the definition of dire sanitary need will be modified in the final regulation to address comments filed and should allow sufficient room for professional assessment and determination of dire sanitary need. This will negate a need for expanded exception authority. RUS's Exception Authority has traditionally been reserved for the Administrator because such exceptions are rare and have great potential to more broadly impact programs. The Agency is not convinced by the commenters that codification of a specific delegation to a State Director is necessary. Issue 6: Compliance and Application Processing--There are three issues related to the compliance and [[Page 52609]] application process noted by ANTHC. They are as follows: Issue 6a: Revise Sec. 1784.18, Sec. 1784.20, and Sec. 1784.21-- ANTHC requests that Sec. 1784.18, Sec. 1784.20, and Sec. 1784.21 be revised to remove requirements that tribal applicants execute standard and other forms dealing with nondiscrimination requirements. It is also requested that Sec. 1784.21 be revised to eliminate the statement that all Rural Alaska Village grants are subject to USDA's civil rights regulations, particularly 7 CFR part 15 and 7 CFR part 1901, subpart E. Response: The forms required for RAVG applicants seek information that is required by the Agency for processing and/or by the Office of Management and Budget (OMB) for grant programs. The forms are utilized in all Agency water and waste disposal programs and are routinely completed by tribal applicants. The commenter has provided no compelling reason for a special exception for RAVG applicants. Issue 6b: Procurement by Applicants--ANTHC recommends modifying language in Sec. 1784.36 (a) to avoid confusion and to accommodate their current policies and procedures regarding contracting and procurement. In addition, ANTHC is concerned that language in this section might be applied to prevent consideration of other factors that contribute to system sustainability and costs at another level. Response: RUS agrees with the first recommendation made by ANTHC to revise the language of the proposed regulation with regard to procurement requirements Sec. 1784.36(a). The second sentence, ``Procurement procedures shall not restrict or eliminate open and free competition'' will be removed. This requirement is already inherent in the statement that the State of Alaska, Department of Environmental Conservation (DEC) and ANTHC will base procurement procedures on OMB Uniform Administrative Requirements which specifically address open and free competition. We do not, however, concur in the addition of a separate requirement to consider system sustainability in selection of materials. Consideration of ``all materials normally suitable for the project based on sound engineering practices and project requirements'' is not intended to be exclusive and should not prevent consideration of other non-regulatory factors, such as sustainability as appropriate. Issue 6c. Information Collection and Record Keeping Requirements-- ANTHC is concerned that estimated burden hours are too low and should be significantly higher. Specifically, they estimate ``it takes 32 hands on hours to complete the documents taking into account the time it takes to work with rural communities, to complete and execute documents that require information or a signature from them.'' They also state that many of the forms are redundant. Response: RUS disagrees and believes that ANTHC is misinterpreting burden estimates prepared by USDA in a separate information and collection package required under the Paperwork Reduction Act for this. ANTHC states in its comments that USDA's estimate of 2.5 hours is far too modest of an estimate for completion of required forms. The burden package developed for this regulation includes estimates for completion of each form or information requirement necessary to make application under the RAVG program. The aggregate burden is well above 2.5 hours. Issue 7: Floodplains/Subpart C, Sec. 1784.21(m) (Other Requirements)--Three commenters, ANTHC, DEC, and Ricky ``Lance'' Overstreet on behalf of US Army Corps of Engineers Alaska District Hydraulics Section, are concerned that specific language in this section will lead to narrow interpretations that could prevent the construction of water facilities, even where there is no undue threat of flooding. Response: Federal Emergency Management Agency (FEMA) flood insurance policy and guidance allows the use of information obtained through consultation with the community, or flooding sources (that) have been studied by other Federal, State, or local agencies. Some of these studies do not meet the National Flood Insurance Program (NFIP) standards for a Flood Insurance Study, but often contain valuable flood hazard information, which may be incorporated into the NFIP maps as approximate studies. Those types of studies typically cover developed or developing areas. They often contain flood elevation profiles that can be used as ``best available data'' for floodplain management purposes (FEMA NFIP training module, Unit 3 NFIP Flood Studies and Maps). RUS therefore concurs with the comment and will revise the rule text accordingly. Issue 8: Lead Agency Environmental Review--One commenter, ANTHC, suggests Sec. 1784.22 be clarified with regard to obligations under the National Historic Preservation Act and its regulations. Response: RUS agrees that Sec. 1784.22 needs to be clarified and corrected as it applies to Section 106 of the National Historic Preservation Act (NHPA) and the implementing regulation found in 36 CFR part 800. The Agency also acknowledges that there is not a ``RAVG Section 106 process'' as such, and reference to this will be deleted from the section text. List of Subjects in 7 CFR Part 1780 Agriculture, Community development, Community facilities, Reporting and recordkeeping requirements, Rural areas, Sewage disposal, Waste treatment and disposal, Water pollution control, Water supply, Watersheds. Therefore, for the reasons discussed in the preamble, RUS amends chapter XVII of Title 7 of the Code of Federal Regulations as follows: PART 1780--WATER AND WASTE LOANS AND GRANTS 0 1. The authority citation for part 1780 continues to read as follows: Authority: 6 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005 Sec. 1780.49 [Removed and Reserved] 0 2. Remove and reserve Sec. 1780.49. 0 3. Add part 1784 to read as follows: September 1, 2015 PART 1784--RURAL ALASKAN VILLAGE GRANTS Subpart A--General Provisions Sec. 1784.1 Purpose. 1784.2 Definitions. 1784.3 Objective. 1784.4-1784.7 [Reserved] Subpart B--Grant Requirements 1784.8 Eligibility. 1784.9 Grant amount. 1784.10 Eligible grant purposes. 1784.11 Restrictions. 1784.12-1784.15 [Reserved] Subpart C--Application Processing 1784.16 General. 1784.17 Application for Planning grants. 1784.18 Application for Pre-development grants. 1784.19 Application for Construction grants. 1784.20 Applications accepted from DEC or ANTHC. 1784.21 Other forms and certifications. 1784.22 Other requirements. 1784.23 Lead Agency Environmental Review. 1784.24-1784.25 [Reserved] Subpart D--Grant Processing 1784.26 Planning, development, and procurement. 1784.27 Grant closing and disbursement of funds. 1784.28 Grantee accounting methods, management reporting, and audits. 1784.29 Grant servicing and accountability. 1784.30 Subsequent grants. [[Page 52610]] 1784.31 Exception authority. 1784.32-1784.34 [Reserved] Subpart E--Design, Procurement, Construction, and Inspection 1784.35 General. 1784.36 Procurement by applicants eligible under this part. 1784.37 Procurement of recovered materials. 1784.38-1784.99 [Reserved] Authority: 7 U.S.C. 1926d. Subpart A--General Provisions Sec. 1784.1 Purpose. This part sets forth the policies and procedures that will apply when the Rural Utilities Service (RUS) makes grants under the Rural Alaska Village Grant (RAVG) program (7 U.S.C. 1926d) to rural or native villages in Alaska. The grants will be provided directly to a rural or native village or jointly with either The State of Alaska, Department of Environmental Conservation (DEC) or The Alaska Native Tribal Health Consortium (ANTHC) for the benefit of rural or native villages in Alaska. Sec. 1784.2 Definitions. The following definitions apply to subparts A through E of this part. ANTHC means the Alaska Native Tribal Health Consortium. CONACT means the Consolidated Farm and Rural Development Act. DEC means the State of Alaska, Department of Environmental Conservation. Dire sanitation conditions means: (1) Recurring instances of illness reasonably attributed to waterborne communicable disease have been documented or insufficient access to clean water creates a persistent threat of water-washed diseases; or (2) No community-wide water and sewer system exists and individual residents must haul water to or human waste from their homes and/or use pit privies; or (3) An appropriate federal agency (such as the Centers for Disease Control and Prevention) or regulatory Agency of the State of Alaska determines that the drinking water and/or sewer system does not meet current regulatory requirements. Grant recipient means an applicant that has been awarded a Rural Alaskan Village Grant under this part. IHS means the United States Department of Health and Human Services, Indian Health Service. Owner means Grant recipient. RAVG means Rural Alaskan Village Grant, a grant awarded by RUS, DEC, and/or ANTHC to a grant recipient under this part. Rural or Native Villages in Alaska means a rural community or Native village in Alaska which meets the definition of a village under State statutes and does not have a population in excess of 10,000 inhabitants, according to the U.S. Census American Community Survey. RD means Rural Development, a federal agency mission area delivering the United States Department of Agriculture's programs to rural communities. Recipient community means a community that has been awarded a grant under this part. RUS means the Rural Utilities Service, a federal agency mission area delivering the United States Department of Agriculture's rural utilities programs. Short-lived assets means repair and replacement items expended each year that are not included in the annual Operational and Maintenance expenses as annual repair and maintenance. Statewide nonmetropolitan median household income (SNMHI) means the median household income of the State's nonmetropolitan counties and portions of metropolitan counties outside of cities, towns or places of 50,000 or more population. USDA means the United States Department of Agriculture. VSW means Village Safe Water Program authorized under the Village Safe Water Act, Alaska Statute Title 46, Chapter 7 (AS 46.07). Sec. 1784.3 Objective. The objective of the RAVG Program is to assist the residents of rural or native villages in Alaska to provide for the development and construction of water and wastewater systems to improve the health and sanitation conditions in those villages through removal of dire sanitation conditions. Sec. Sec. 1784.4-1784.7 [Reserved] Subpart B--Grant Requirements Sec. 1784.8 Eligibility. (a) Grants may be made to the following eligible applicants: (1) A rural or native village in Alaska; or (2) DEC on behalf of one or more rural or native village in Alaska; or (3) ANTHC on behalf of one or more rural or native village in Alaska. (b) Grants made to DEC or ANTHC may be obligated through a master letter of conditions for more than one rural or native village in Alaska; however, DEC or ANTHC together with each individual rural or native village beneficiary shall execute a grant agreement on a project by project basis. Expenditures for projects will be based on specific scope and be requested on a project by project basis. (c) For grants proposed to be administered directly by a community, the responsibility to meet the requirements outlined in this part will be met by the community. RUS will be the lead agency on direct administration projects. (d) The median household income of the rural or native village cannot exceed 110 percent of the statewide nonmetropolitan household income (SNMHI), according to US Census American Community Survey. Alaska census communities considered to be high cost isolated areas or ``off the road systems'' (i.e. communities that cannot be accessed by roads) may utilize up to 150 percent of SNMHI. (e) For design and construction projects: A dire sanitation condition as defined in Sec. 1784.2 must exist in the village served by the proposed project. For those projects identified under paragraphs (1) and (3) of the dire sanitation definition in Sec. 1784.2, a notice of violation, consent order or other regulatory action from the appropriate regulatory agency must be provided to document the dire sanitation condition. In cases where there is scientific evidence or reports with substantiated evidence of associated health issues, documentation may be accepted from an appropriate federal agency. (f) In individual cases where a proposed project does not meet the definition of ``Dire sanitation condition'' in Sec. 1784.2, an applicant may request a special review and eligibility determination from the RUS Administrator in cases where the applicant is able to satisfactorily demonstrate that a water or sewer system is deficient and negatively impacts the health or safety of the community. The decision to review an eligibility determination request and any determinations made subject to this paragraph are not subject to administrative appeal. (g) In order for an eligible applicant to receive a grant under the Rural Alaska Village Grant program, the State of Alaska shall provide 25 percent in matching funds from non-Federal sources. (h) In processing grants through DEC and ANTHC, a public meeting must be held to inform the general public regarding the development of any proposed project. Documentation of the public meeting must be received with construction applications. (1) A notice of intent must be published in a newspaper of general [[Page 52611]] circulation in the proposed area to be served. (2) For projects where there are no newspapers of general circulation, a posting of the notice in a community building (post office, washeteria, clinic, etc.) frequented by village residents may be used to meet the requirement. This alternative form of notice has been authorized by the RUS Administrator. Sec. 1784.9 Grant amount. Grants will be made for up to 75 percent of the project development and/or construction costs, which does not include project administrative costs. Pursuant to 7 U.S.C. 1926d, the State of Alaska shall provide 25 percent in matching funds from non-Federal sources. Sec. 1784.10 Eligible grant purposes. Grant funds may be used for the following purposes: (a) To pay reasonable costs associated with providing potable water or waste disposal services to residents of rural or native villages in Alaska. Reasonable costs include construction, planning, pre- development costs (including engineering, design, and rights-of-way establishment), and technical assistance as further defined below: (1) Planning. Grants can be made specifically for planning report costs (including Master Plans, Feasibility Studies, and Detection or Source Studies) associated with the prioritization process. (2) Pre-development. Grants can be made for pre-development costs such as preliminary engineering, environmental, application development, review and establishment of rights-of-way and easement, and full construction design for up to $1,000,000 for each eligible village. Prior to approving additional pre-development costs, a preliminary engineering report (PER) and/or approved PER like document, such as the Cooperative Project Agreement and supplemental documents from ANTHC and an environmental report shall be reviewed and concurred by RUS, DEC, ANTHC, and IHS. (3) Training and technical assistance. Grant funding for technical assistance and training will be available in accordance with Section 306D of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926d) and appropriations current at the time of application. Grants for this purpose will be processed in accordance with 7 CFR part 1775. (b) To pay reasonable costs associated with the use of a recipient community's equipment during construction. (i.e. maintenance, minor repairs, and operational costs). A cost accounting system that is accurate to track expenses must be in place. Use of ANTHC or State of Alaska equipment fleet rental costs will also be eligible. RUS concurrence in the allocation method is required. (c) Individual installations. (1) Individual service installation relates to residential homes only and does not include public facilities or commercial facilities. The only exception to serving a public facility is when the facility is necessary for the successful operation and maintenance of the water or sanitation system (i.e. the facility utilized for accepting utility payments and/or holding public meetings for the utility system). (2) Individual home installations, including wells, septic system, flush tank and haul, in-house plumbing, etc., may be provided. The following guidelines must be followed for individual installations. A certification will be required with the application that provides documentation of the following: (i) The residents are unable to afford to make the improvements on their own. (ii) An agreement outlining the installation, operation, and maintenance of facilities must be in place. (iii) An adequate method for denying service in the event of non- payment of user fees if such fees are required. (iv) All residents of the community are treated equally. (v) The improvements provided are reasonable and modest. (vi) Legal authority (i.e. easements) is obtained to construct these improvements. (vii) Documentation must be provided to RUS indicating the quantity and quality of the individual installations that may be developed; cost effectiveness of the individual facility compared with initial and long term user costs on a central system; health and pollution problems attributable to individual facilities; operational or management problems peculiar to individual installations; and permit of regulatory agency requirements. Sec. 1784.11 Restrictions. Grant funds may not be used to: (a) Pay any annual recurring costs that are considered to be operational expenses of a facility. (b) Pay basic/rental fee or depreciation for the use of the recipient community's equipment. (c) Purchase existing systems. (d) Pay for items not associated with Rural Utilities Service's approved scope of work. This includes projects developed from other funding sources. (e) Except as provided in this part, finance any public or commercial facility. Sec. Sec. 1784.12-1784.15 [Reserved] Subpart C--Application Processing Sec. 1784.16 General. (a) DEC and ANTHC utilize the National Indian Health Service, Sanitation Deficiency System (SDS) database as a comprehensive source of rural sanitation needs in Alaska. The database provides an inventory of the sanitation deficiencies including water, sewer, and solid waste facilities for existing homes. The sanitation deficiencies data are updated annually by DEC and ANTHC in consultation with the respective rural or native villages. The SDS system is utilized in the RAVG program to help prioritize applications under the Village Safe Water Program. (b) A prioritized list of projects will be developed each year by RUS, DEC, and ANTHC applying prioritization criteria to the sanitation needs database. Prioritization criteria established by the RUS, DEC, ANTHC, and IHS will be based, at a minimum, on relative health impacts, drinking water and wastewater regulatory requirements, the sanitation conditions in each community and project readiness. The VSW Program process and associated prioritization criteria will be used to prioritize projects and place them on a priority list. The process will be reviewed and approved by RUS, DEC, ANTHC, and IHS. Projects will be funded from the priority list as they meet established planning, design, and construction requirements, subject to available funding. Sec. 1784.17 Application for Planning grants. (a) Entities identified in Sec. 1784.8 of this part may submit a completed Standard Form 424 to apply for funding to establish a Planning report for a rural or Native village. (b) Funding for planning grants will be allocated annually by RUS, DEC, and ANTHC according to the prioritization list described in Sec. 1784.16(b) of this part. Sec. 1784.18 Application for Pre-development grants. (a) Entities identified in Sec. 1784.8 of this part may submit a completed Standard Form 424, Standard Form 424A, and Standard Form 424B to apply for funding for pre-development costs. Pre-development costs are described in Sec. 1784.10 (a)(1)(iii) of this part. (b) Funding for pre-development grants will be allocated annually by [[Page 52612]] RUS, DEC, and ANTHC according to the prioritization list described in Sec. 1784.16(b) of this part. (c) Projects submitted for design only under the pre-development grant, must have RUS approval of a planning or pre-development report prior to consideration for funding. Sec. 1784.19 Application for Construction grants. (a) An application for a construction grant shall include: (1) Completed Standard Form 424, Standard Form 424C and Standard Form 424D. Current versions of these forms may be found at Grants.gov. (2) Preliminary Engineering Report, Environmental Report, or approved PER like document, including ANTHC's Cooperative Project Agreement and associated supplemental attachments; (3) Population and median household income of the area to be served; (4) Description of the project; and (5) Approved business plan, including resolution adopting the plan, for the recipient community. The business plan will outline the proposed operation and management costs, rate structures, short-lived asset schedule and associated materials. (6) Projects submitted for construction must have RUS and ANTHC or DEC approval of a planning or pre-development report prior to consideration for funding. (b) Funding for construction grants will be allocated annually by RUS, DEC, and ANTHC according to the prioritization list described in Sec. 1784.16(b) of this part. Sec. 1784.20 Applications accepted from DEC or ANTHC. (a) In cases where applications are accepted from DEC or ANTHC, one master application may be submitted covering all rural or native villages to be funded, however, each individual project will be broken out and (for construction grants) each will require its own PER, or PER-like document and Environmental Report. (b) Each project will be processed individually with individual grant agreements, as appropriate. (c) Expenditures for projects will be based on specific scope and be requested on a project by project basis. (d) Funding amounts, as indicated in each grant agreement and letter of conditions, will be for the approved scope of work. Sec. 1784.21 Other forms and certifications. (a) Referenced bulletins, instructions and forms are for use in administering grants made under this part and are available from any USDA/Rural Development office or the Rural Utilities Service, U. S. Department of Agriculture, Washington, DC 20250-1500. (b) Applicants will be required to submit the following items to the processing office, upon notification from the processing office to proceed with further development of the full application: (1) Form RD 400-1, Equal Opportunity Agreement; (2) Form RD 400-4, Assurance Agreement; (3) Form AD 1047, Certification Regarding Debarment, Suspension and other Responsibility Matters; (4) Form AD 1048, Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions; (5) Form AD 1049, Certification regarding Drug-Free Workplace Requirements (Grants) Alternative I for Grantees Other Than Individuals; (6) RUS Form 266, Compliance Assurance form or written self- certification statement--Civil Rights Compliance; (7) Standard Form LLL, Disclosure of Lobbying Activities; (8) RD Instruction 1940-Q, Exhibit A-1, Certifications for Contracts, Grants, and Loans (Regarding Lobbying); and (9) Certification regarding prohibited tying arrangements. Applicants that provide electric service must provide the Agency a certification that they will not require users of a water or waste facility financed under this part to accept electric service as a condition of receiving assistance. (c) In the case of grants made to DEC and ANTHC, DEC and ANTHC will certify that the above requirements are included in their agreements with the Villages. The certification and forms listed above must be provided from DEC and ANTHC on an annual basis for utilization in proposed applications. (d) When favorable action is not taken on an application, the applicant will be notified in writing by the Rural Development State Program Official of the reasons why the request was not favorably considered. Notification to the applicant will state that a review of this decision by the Agency may be requested by the applicant in accordance with 7 CFR part 11. (e) When favorable action is taken on an application, the applicant will be notified by a letter which establishes conditions that must be understood and agreed to before further consideration may be given to the application. In cases where a master application is submitted by DEC or ANTHC, the letter of conditions will include all projects, and their funding amounts, included in the master application on which favorable action will be taken. The letter of conditions does not constitute loan and/or grant approval, nor does it ensure that funds are or will be available for the project. The grant will be considered approved on the date a signed copy of Form RD 1940-1, Request for Obligation of Funds, is mailed to the applicant. Sec. 1784.22 Other requirements. Other Federal statutes and regulations are applicable to grants awarded under this part. These include but are not limited to: (a) 7 CFR part 1, subpart A--USDA implementation of Freedom of Information Act. (b) 7 CFR part 3--USDA implementation of OMB Circular No. A-129 regarding debt collection. (c) 7 CFR part 15, subpart A--USDA implementation of Title VI of the Civil Rights Act of 1964, as amended. (d) 7 CFR part 1794, RUS Implementation of the National Environmental Policy Act. (e) 7 CFR part 1901, subpart E--Civil Rights Compliance Requirements. (f) 2 CFR part 200--Uniform Guidance. (g) 2 CFR part 215--General Program Administrative Requirements. (h) 2 CFR part 418--New Restrictions on Lobbying, prohibiting the use of appropriated funds to influence Congress or a Federal agency in connection with the making of any Federal grant and other Federal contracting and financial transactions. (i) 2 CFR parts 400 and 415--USDA implementation of Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations. (j) 2 CFR part 180, as adopted by USDA through 2 CFR 417, Government-wide Debarment and Suspension (Non-procurement); 2 CFR part 182, as adopted by USDA through 2 CFR 421, Government-wide Requirements for Drug-Free Workplace (Federal Assistance), implementing Executive Order 12549 on debarment and suspension and the Drug-Free Workplace Act of 1988 (41 U.S.C. 701). (k) 2 CFR part 200, subpart F--USDA implementation of audit requirements for non-federal organizations. (l) 29 U.S.C. 794, section 504--Rehabilitation Act of 1973, and 7 CFR part 15B (USDA implementation of statute), prohibiting discrimination based upon physical or mental handicap in federally assisted programs. (m) Floodplains. The agencies follow the eight-step decision-making process [[Page 52613]] referenced in Section 2(a) of Executive Order 11988, Floodplain Management, when undertaking actions located in floodplains. Pursuant to E. O. 11988, the IHS uses a Class Review process to exclude certain actions from further review under the eight-step process. For all actions that do not qualify for IHS Class Review, the eight-step process shall be completed. All practicable measures to minimize development in floodplains and reduce the risk to human safety, health, and welfare shall be followed, including elevating a new water or wastewater facility at least one foot above the base flood elevation as determined by the Army Corp of Engineers, other qualified survey, or best available data. Since they are considered ``critical facilities'' as defined by the Federal Emergency Management Agency (FEMA), water and wastewater facilities may be subject to more stringent standards such as relocation out of the floodplain, higher elevation, or other flood proofing measures. If an area has been designated a floodplain by FEMA Flood Insurance Rate Map (FIRM) coverage, flood insurance shall be required for facilities located in flood plains. If an area has no FEMA FIRM coverage the requirement to obtain flood insurance does not apply. If a community is located within a mapped FEMA Flood Insurance Rate Map (FIRM) 100-year floodplain, but is not a participating National Flood Insurance Program (NFIP) community member, then RUS may not fund the project according to 7 CFR 1806 Subpart B. (n) Project planning, including engineering and environmental reports, to the maximum extent feasible, must address all water and/or waste disposal needs for a community in a coordinated manner with other community development projects and take into consideration information presented in available community strategic and comprehensive plans. Any reports or designs completed with funds must be completed in accordance with sound engineering practices and USDA regulations, including RUS NEPA regulations at 7 CFR part 1794. Sec. 1784.23 Lead Agency Environmental Review. (a) The Agency designated as the lead agency for the purposes of this grant program, will fulfill and agree to be responsible for complying with lead agency requirements for: (1) National Environmental Policy Act (NEPA) as outlined in 40 CFR 1501.5, Lead agencies; (2) National Historic Preservation Act (NHPA) Section 106 review process as outlined in 36 CFR part 800.2(a)(2) Lead Federal agency; and (3) Section 7 of the Endangered Species Act as outlined in 50 CFR 402.07, Designation of lead agency. (b) All environmental findings and determinations made by the lead agency represent those of the cooperating agencies and will be completed in accordance with the procedures outlined in this section. (c) RUS will, to the extent possible and in accordance with 40 CFR 1506.2 and 7 CFR 1794.14, or successor regulation, actively participate with DEC, IHS, and ANTHC to cooperatively or jointly prepare environmental documents so that one document will comply with all applicable laws. (d) For projects administered by DEC and ANTHC, RUS agrees to participate as a cooperating agency in accordance with 40 CFR 1501.6 and 7 CFR 1794.14 and relies upon those agencies' procedures for implementing NEPA as further described below. (e) The lead agency will indicate that RUS is a cooperating agency in all NEPA-related notices published for the proposed action. (f) A construction grant may not be approved until all environmental findings and determinations have been made according to the following: (1) Rural Development Lead Agency. If RUS is the lead agency the environmental review process, including all findings and determinations, will be completed in accordance with 7 CFR 1794. (2) DEC Lead Agency. In the event DEC is the lead agency, the environmental review process, including all findings and determinations will be completed in accordance with the environmental review process outlined in Appendix A to the June 15, 2011 MOU. (3) IHS Lead Agency. For projects administered by ANTHC, IHS will be the lead agency for the environmental review process, including all findings and determinations. The environmental review process, including all findings and determinations will be completed in accordance with the Department of Health and Human Services policies and procedures in General Administration Manual, Part 30, Council on Environmental Quality regulations at 40 CFR 1500-1508 and with procedures published by IHS in the Federal Register, Vol. 58, No.3, page 569, January 6, 1993. The ANTHC shall notify the funding agencies and the IHS if a change in the project or project scope occurs which could change any previously prepared environmental findings or determinations or could adversely impact the environment. In the event of an unanticipated discovery of a historic property or other environmental resource, the ANTHC shall stop construction activity in the area of the discovery and notify the appropriate authority and the IHS. Mitigation options resulting from unanticipated discoveries, including but not limited to changes in project scope or cancellation of the project will be evaluated by the funding agencies in collaboration with the ANTHC and IHS. If appropriate and necessary, mitigation plans will be negotiated and approved by all parties. When the funding agencies have approved a mitigation plan and IHS has reaffirmed its environmental review process, including all findings and determinations, the ANTHC will be authorized to initiate the agreed to mitigation plan. The IHS shall bear no mitigation costs as it is not a funding agency for projects under this part. (g) RUS will have an opportunity to review the IHS or DEC environmental review documents, including all findings and determinations to ensure consistency with this part and agency procedures. Where an Environmental Assessment (EA) or Environmental Impact Statement (EIS) is required by the lead agency's environmental policies and procedures, the lead agency will ensure that the scope and content of the EA or EIS satisfies the statutory and regulatory requirements applicable to RUS. Where an EA and EIS is not required under the applicable lead agency's procedures for implementing NEPA, the review by RUS will be limited to ensure that the applicable lead agency's procedures were followed. (h) The National Historic Preservation Act Section 106 review requirements completed for ANTHC administered projects will be carried out in accordance with the process described in Appendix B of the June 15, 2011 MOU. Sec. Sec. 1784.24-1784.25 [Reserved] Subpart D--Grant Processing Sec. 1784.26 Planning, development, and procurement. (a) If RUS is the lead agency and will provide oversight for the project, a certification should be obtained from the State agency, or the Environmental Protection Agency if the State does not have primacy, stating that the proposed improvements will be in compliance with requirements of the Safe Drinking Water Act and/or Clean Water Act and the applicable requirements of 2 CFR part 200 and 2 CFR part 400. [[Page 52614]] (b) Applicants that will bid and construct a project in phases, must provide assurance that the full scope of each specific phase of the project will be functional. In the event that the actual cost is anticipated to exceed the funding originally allocated for the project, all potential options will be reviewed and considered, including but not limited to acquiring additional funds or a reduction in project scope. RUS, ANTHC, and VSW will ensure that all items that were funded and within the scope of the project, including all phases, are functional when all funds have been disbursed. Sec. 1784.27 Grant closing and disbursement of Funds. (a) The Water and Waste Grant Agreement for rural and native villages in Alaska, or other approved form(s) will be executed by all applicants. To view all forms and agreements, refer to the USDA RUS Water and Environmental Programs Web site. (b) Grant funds will be distributed from the Treasury at the time they are actually needed by the applicant using multiple advances. Instructions regarding disbursement of funds can be found in the Letter of Conditions. (c) If there is a significant reduction in project costs, the applicant's funding needs will be reassessed. Decreases in RUS funds will be based on revised project costs and current number of users. Other factors, including RUS regulations used at the time of grant approval, will continue to be used as published at the time of grant approval. Obligated grant funds not needed to complete the proposed project will be deobligated. In such cases applicable forms, the letter of conditions, and other items will be revised. Sec. 1784.28 Grantee accounting methods, management reporting, and audits. (a) All Agency grantees will follow the reporting requirements as outlined in 7 CFR 1782. (b) Other reporting requirements are as follows: (1) During the construction period, for the reporting of expenses incurred for projects under this part, the party responsible for the administration of the project will complete an audit report in accordance with Sec. 1782.10 (which includes GAGAS and 2 CFR part 200 Subpart F ``Audit Requirements''). RUS may request a copy of this report. (2) After the construction period and for the life of the facility, the recipient community will be responsible to meet the requirements outlined in 2 CFR parts 200, 400, 415, 416, and 7 CFR part 1780.47 paragraphs a through d. These requirements must be outlined in funding documents from RUS, ANTHC, and VSW and in agreements with the recipient communities. RUS may request this information for the life of the facility. (c) The requirements found in 2 CFR parts 200, 400, 415 and 416 shall apply to all grants made under the RAVG program and shall be set forth in the respective grant agreement where required. Sec. 1784.29 Grant servicing and accountability. (a) Grants will be serviced in accordance with 7 CFR part 1782. (b) RUS reserves the right to request and review project files from grantees at any time. (c) If at any time an application is determined ineligible, 7 CFR part 11 will be followed. Sec. 1784.30 Subsequent grants. Subsequent grants will be processed in accordance with the requirements set forth in this part. The initial and subsequent grants made to complete a previously approved project must comply with the maximum grant requirements set forth inSec. 1784.8(f) of this part. Sec. 1784.31 Exception authority. The Administrator may, in individual cases, make an exception to any requirement or provision of this part which is not inconsistent with the authorizing statute or other applicable law and is determined to be in the Government's best interest. Sec. 1784.32-1784.34 [Reserved] Subpart E--Design, Procurement, Construction, and Inspection Sec. 1784.35 General. This subpart is specifically designed for use by owners including the professional or technical consultants or agents who provide assistance and services such as engineering, environmental, inspection, financial, legal or other services related to planning, designing, bidding, contracting, and constructing water and waste disposal facilities. The selection of engineers for a project design shall be done by a request for proposals by the applicant. These procedures do not relieve the owner of the contractual obligations that arise from the procurement of these services. For this subpart, an owner is defined as the grant recipient. Sec. 1784.36 Procurement by applicants eligible under this part (a) For applicants eligible under Sec. 1784.8(a)(2) and (3), contracting and procurement activities will follow DEC or ANTHC policies, procedures and methods which are based on and shall follow Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200). In specifying materials, DEC and ANTHC will consider all materials normally suitable for the project based on sound engineering practices and project requirements. (b) Contracts for procurement must contain applicable contract provisions listed at Appendix II to 2 CFR part 200. (c) For grants proposed to be administered directly by applicants eligible under Sec. 1784.8(a)(1), the requirements outlined in 7 CFR part 1780, subpart C will be met by those eligible applicants with the exception of the following requirements: (1) Preliminary engineering reports and Environmental Reports (Sec. 1780.55). Refer to the requirements of this subpart and subpart C Sec. 1784.22(n). (2) Metering devices in Sec. 1780.57(m). (3) Utility Purchase Contracts in Sec. 1780.62. (4) Sewage treatment and bulk water sales contracts in Sec. 1780.63. Sec. 1784.37 Procurement of recovered materials. When a grant is made to the DEC, the state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Sec. Sec. 1784.38--1784.99 [Reserved]. Dated: _July 28, 2015._ Brandon McBride, Administrator, Rural Utilities Service. [FR Doc. 2015-21122 Filed 8-31-15; 8:45 am] BILLING CODE P
![52606 Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Rules and Regulations
(6) A criminal restitution order DEPARTMENT OF AGRICULTURE and local laws and regulations that are
accompanied by an enforcement letter in conflict with this rule will be
that designates the specific TSP Fund, Rural Utilities Service preempted. No retroactive effect will be
source of contributions, or balance from given to the rule and, in accordance
which the payment or portions of the 7 CFR Part 1784 with section 212(e) of the Department of
payment shall be made. Agriculture Reorganization Act of 1994
RIN 0572–AC28
■ 4. Amend § 1653.34 by revising the (7 U.S.C. 6912(e)), administrative appeal
last sentence of paragraph (b) Section 306D Water Systems for Rural procedures must be exhausted before an
introductory text to read as follows: and Native Villages in Alaska action against the Department or its
agencies may be initiated.
§ 1653.34 Processing Federal tax levies AGENCY: Rural Utilities Service, USDA.
and criminal restitution orders. Regulatory Flexibility Act Certification
ACTION: Final rule.
* * * * * Pursuant to 5 U.S.C. 553(a) (2), this
(b) * * * To be complete, a tax levy SUMMARY: The Rural Utilities Service final rule related to grants is exempt
or criminal restitution order must meet (RUS), an Agency of the United States from the rulemaking requirements of the
all the requirements of § 1653.32 or Department of Agriculture (USDA), is Administrative Procedure Act (5 U.S.C.
§ 1653.33; it must also provide (or be modifying its existing regulations to 551 et seq.), including the requirement
accompanied by a document or establish a separate regulation for to provide prior notice and an
enforcement letter that provides): making grants to rural or Native Alaskan opportunity for public comment.
* * * * * Villages under the Rural Alaska Village Because this rule is not subject to a
Grant (RAVG) Program. The existing requirement to provide prior notice and
■ 5. Amend § 1653.35, by revising the
RAVG regulation will be relocated to its an opportunity for public comment
introductory text and paragraph (a) to own section and modified to conform pursuant to 5 U.S.C. 553, or any other
read as follows: with streamlined processes established law, the analytical requirements of the
§ 1653.35 Calculating entitlement. through a Memorandum of Regulatory Flexibility Act (5 U.S.C. 601
A tax levy or criminal restitution Understanding among USDA, RUS; The et seq.) are inapplicable.
order can only require the payment of United States Department of Health and
Information Collection and
a stated dollar amount from the TSP. Human Services, Indian Health Service
Recordkeeping Requirements
The payee’s entitlement will be the (IHS); The State of Alaska, Department
of Environmental Conservation (DEC); The information collection and
lesser of:
and the Alaska Native Tribal Health recordkeeping requirements contained
(a) The dollar amount stated in the tax in this final rule are pending approval
Consortium (ANTHC). The grants will
levy or enforcement letter; or by OMB pursuant to the Paperwork
be provided directly to a rural or Native
* * * * * Alaskan Village or jointly with either Reduction Act 1995 (44 U.S.C. Chapter
■ 6. Amend § 1653.36 by: DEC or ANTHC for the development 35) under control number 0572–AC28 .
■ a. Adding the word ‘‘tax’’ before the and construction of water and The paperwork contained in this rule
word ‘‘levy’’ in paragraph (a); wastewater systems to improve the will not be effective until approved by
■ b. Adding the word ‘‘criminal’’ before health and sanitation conditions in OMB.
the words ‘‘restitution order’’ wherever those Villages through removal of dire E-Government Act Compliance
they appear and by adding the word sanitation conditions.
‘‘tax’’ before ‘‘levy’’ wherever it appears RUS is committed to the E-
DATES: This rule is effective September
in paragraph (c); Government Act, which requires
1, 2015.
■ c. Revising paragraph (d) introductory Government agencies in general to
FOR FURTHER INFORMATION CONTACT: provide the public the option of
text; Jacqueline M. Ponti-Lazaruk, Assistant
■ d. Adding the word ‘‘tax’’ before the submitting information or transacting
Administrator, Water and business electronically to the maximum
word ‘‘levy’’ in paragraph (g); and Environmental Programs, Rural Utilities
■ e. Adding paragraph (h). extent possible.
Service, Rural Development, U.S.
The revision and addition read as Department of Agriculture, 1400 Catalog of Federal Domestic Assistance
follows: Independence Avenue SW., STOP 1548, The program described by this final
§ 1653.36 Payment. Room 5147, Washington, DC 20250– rule is listed in the Catalog of Federal
1590. Telephone number: (202) 690– Domestic Assistance Programs under
* * * * *
2670, Facsimile: (202) 720–0718. number 10.760. This catalog is available
(d) If a participant has funds in more
than one type of account, payment will SUPPLEMENTARY INFORMATION: electronically through the free CFDA
be made from each account in the Web site on the Internet at http://
Executive Order 12866
following order, until the amount www.cfda.gov. The print edition may be
required by the tax levy or stated in the This final rule has been determined to purchased by calling the
enforcement letter is reached: be not significant for purposes of Superintendent of Documents at 202–
Executive Order 12866 and, therefore, 512–1800 or toll free at 866–512–1800,
* * * * * has not been reviewed by the Office of or ordering it online at http://
(h) The TSP will not hold a payment Management and Budget. bookstore.gpo.gov.
pending appeal of a criminal restitution
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order or the underlying conviction. The Executive Order 12988 Executive Order 12372
TSP will treat the criminal restitution This final rule has been reviewed All projects funded under this part are
order as a final judgment pursuant to 18 under Executive Order 12988, Civil subject to Executive Order 12372
U.S.C. 3664(o) and process payment as Justice Reform. RUS has determined (3 CFR, 1983 Comp., p. 197), which
provided by this subpart. that this rule meets the applicable requires intergovernmental consultation
[FR Doc. 2015–21303 Filed 8–31–15; 8:45 am] standards provided in section 3 of that with State and local officials. These
BILLING CODE 6760–01–P Executive Order. In addition, all State requirements are set forth in U.S.
VerDate Sep<11>2014 19:50 Aug 31, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\01SER1.SGM 01SER1](https://thefederalregister.org/doc/80_FR_52775/page/1.svg)
![Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Rules and Regulations 52609
application process noted by ANTHC. estimate ‘‘it takes 32 hands on hours to the implementing regulation found in
They are as follows: complete the documents taking into 36 CFR part 800. The Agency also
Issue 6a: Revise § 1784.18, § 1784.20, account the time it takes to work with acknowledges that there is not a ‘‘RAVG
and § 1784.21—ANTHC requests that rural communities, to complete and Section 106 process’’ as such, and
§ 1784.18, § 1784.20, and § 1784.21 be execute documents that require reference to this will be deleted from the
revised to remove requirements that information or a signature from them.’’ section text.
tribal applicants execute standard and They also state that many of the forms
other forms dealing with are redundant. List of Subjects in 7 CFR Part 1780
nondiscrimination requirements. It is Response: RUS disagrees and believes Agriculture, Community
also requested that § 1784.21 be revised that ANTHC is misinterpreting burden development, Community facilities,
to eliminate the statement that all Rural estimates prepared by USDA in a Reporting and recordkeeping
Alaska Village grants are subject to separate information and collection requirements, Rural areas, Sewage
USDA’s civil rights regulations, package required under the Paperwork disposal, Waste treatment and disposal,
particularly 7 CFR part 15 and 7 CFR Reduction Act for this. ANTHC states in Water pollution control, Water supply,
part 1901, subpart E. its comments that USDA’s estimate of Watersheds.
Response: The forms required for 2.5 hours is far too modest of an Therefore, for the reasons discussed
RAVG applicants seek information that estimate for completion of required in the preamble, RUS amends chapter
is required by the Agency for processing forms. The burden package developed XVII of Title 7 of the Code of Federal
and/or by the Office of Management and for this regulation includes estimates for Regulations as follows:
Budget (OMB) for grant programs. The completion of each form or information
forms are utilized in all Agency water requirement necessary to make PART 1780—WATER AND WASTE
and waste disposal programs and are application under the RAVG program. LOANS AND GRANTS
routinely completed by tribal The aggregate burden is well above 2.5
applicants. The commenter has hours. ■ 1. The authority citation for part 1780
provided no compelling reason for a Issue 7: Floodplains/Subpart C, continues to read as follows:
special exception for RAVG applicants. § 1784.21(m) (Other Requirements)— Authority: 6 U.S.C. 301; 7 U.S.C. 1989; 16
Issue 6b: Procurement by Three commenters, ANTHC, DEC, and U.S.C. 1005
Applicants—ANTHC recommends Ricky ‘‘Lance’’ Overstreet on behalf of
modifying language in § 1784.36 (a) to US Army Corps of Engineers Alaska § 1780.49 [Removed and Reserved]
avoid confusion and to accommodate District Hydraulics Section, are ■ 2. Remove and reserve § 1780.49.
their current policies and procedures concerned that specific language in this ■ 3. Add part 1784 to read as follows:
regarding contracting and procurement. section will lead to narrow September 1, 2015
In addition, ANTHC is concerned that interpretations that could prevent the PART 1784—RURAL ALASKAN
language in this section might be construction of water facilities, even VILLAGE GRANTS
applied to prevent consideration of where there is no undue threat of Subpart A—General Provisions
other factors that contribute to system flooding.
sustainability and costs at another level. Response: Federal Emergency Sec.
Response: RUS agrees with the first 1784.1 Purpose.
Management Agency (FEMA) flood
1784.2 Definitions.
recommendation made by ANTHC to insurance policy and guidance allows 1784.3 Objective.
revise the language of the proposed the use of information obtained through 1784.4–1784.7 [Reserved]
regulation with regard to procurement consultation with the community, or
requirements § 1784.36(a). The second flooding sources (that) have been Subpart B—Grant Requirements
sentence, ‘‘Procurement procedures studied by other Federal, State, or local 1784.8 Eligibility.
shall not restrict or eliminate open and agencies. Some of these studies do not 1784.9 Grant amount.
free competition’’ will be removed. This meet the National Flood Insurance 1784.10 Eligible grant purposes.
requirement is already inherent in the Program (NFIP) standards for a Flood 1784.11 Restrictions.
statement that the State of Alaska, 1784.12–1784.15 [Reserved]
Insurance Study, but often contain
Department of Environmental valuable flood hazard information, Subpart C—Application Processing
Conservation (DEC) and ANTHC will which may be incorporated into the 1784.16 General.
base procurement procedures on OMB NFIP maps as approximate studies. 1784.17 Application for Planning grants.
Uniform Administrative Requirements Those types of studies typically cover 1784.18 Application for Pre-development
which specifically address open and developed or developing areas. They grants.
free competition. We do not, however, often contain flood elevation profiles 1784.19 Application for Construction
concur in the addition of a separate that can be used as ‘‘best available data’’ grants.
requirement to consider system 1784.20 Applications accepted from DEC or
for floodplain management purposes ANTHC.
sustainability in selection of materials. (FEMA NFIP training module, Unit 3 1784.21 Other forms and certifications.
Consideration of ‘‘all materials normally NFIP Flood Studies and Maps). RUS 1784.22 Other requirements.
suitable for the project based on sound therefore concurs with the comment and 1784.23 Lead Agency Environmental
engineering practices and project will revise the rule text accordingly. Review.
requirements’’ is not intended to be Issue 8: Lead Agency Environmental 1784.24–1784.25 [Reserved]
exclusive and should not prevent Review—One commenter, ANTHC, Subpart D—Grant Processing
consideration of other non-regulatory suggests § 1784.22 be clarified with
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factors, such as sustainability as regard to obligations under the National 1784.26 Planning, development, and
procurement.
appropriate. Historic Preservation Act and its 1784.27 Grant closing and disbursement of
Issue 6c. Information Collection and regulations. funds.
Record Keeping Requirements—ANTHC Response: RUS agrees that § 1784.22 1784.28 Grantee accounting methods,
is concerned that estimated burden needs to be clarified and corrected as it management reporting, and audits.
hours are too low and should be applies to Section 106 of the National 1784.29 Grant servicing and accountability.
significantly higher. Specifically, they Historic Preservation Act (NHPA) and 1784.30 Subsequent grants.
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1784.31 Exception authority. Rural or Native Villages in Alaska Expenditures for projects will be based
1784.32–1784.34 [Reserved] means a rural community or Native on specific scope and be requested on
Subpart E—Design, Procurement, village in Alaska which meets the a project by project basis.
Construction, and Inspection definition of a village under State (c) For grants proposed to be
1784.35 General. statutes and does not have a population administered directly by a community,
1784.36 Procurement by applicants eligible in excess of 10,000 inhabitants, the responsibility to meet the
under this part. according to the U.S. Census American requirements outlined in this part will
1784.37 Procurement of recovered Community Survey. be met by the community. RUS will be
materials. RD means Rural Development, a the lead agency on direct administration
1784.38–1784.99 [Reserved] federal agency mission area delivering projects.
Authority: 7 U.S.C. 1926d. the United States Department of (d) The median household income of
Agriculture’s programs to rural the rural or native village cannot exceed
Subpart A—General Provisions communities. 110 percent of the statewide
Recipient community means a nonmetropolitan household income
§ 1784.1 Purpose. community that has been awarded a (SNMHI), according to US Census
This part sets forth the policies and grant under this part. American Community Survey. Alaska
procedures that will apply when the RUS means the Rural Utilities census communities considered to be
Rural Utilities Service (RUS) makes Service, a federal agency mission area high cost isolated areas or ‘‘off the road
grants under the Rural Alaska Village delivering the United States Department systems’’ (i.e. communities that cannot
Grant (RAVG) program (7 U.S.C. 1926d) of Agriculture’s rural utilities programs. be accessed by roads) may utilize up to
to rural or native villages in Alaska. The Short-lived assets means repair and 150 percent of SNMHI.
grants will be provided directly to a replacement items expended each year (e) For design and construction
rural or native village or jointly with that are not included in the annual projects: A dire sanitation condition as
either The State of Alaska, Department Operational and Maintenance expenses defined in § 1784.2 must exist in the
of Environmental Conservation (DEC) or as annual repair and maintenance. village served by the proposed project.
The Alaska Native Tribal Health Statewide nonmetropolitan median For those projects identified under
Consortium (ANTHC) for the benefit of household income (SNMHI) means the paragraphs (1) and (3) of the dire
rural or native villages in Alaska. median household income of the State’s sanitation definition in § 1784.2, a
nonmetropolitan counties and portions notice of violation, consent order or
§ 1784.2 Definitions. other regulatory action from the
of metropolitan counties outside of
The following definitions apply to cities, towns or places of 50,000 or more appropriate regulatory agency must be
subparts A through E of this part. population. provided to document the dire
ANTHC means the Alaska Native USDA means the United States sanitation condition. In cases where
Tribal Health Consortium. Department of Agriculture. there is scientific evidence or reports
CONACT means the Consolidated VSW means Village Safe Water with substantiated evidence of
Farm and Rural Development Act. Program authorized under the Village associated health issues, documentation
DEC means the State of Alaska, Safe Water Act, Alaska Statute Title 46, may be accepted from an appropriate
Department of Environmental Chapter 7 (AS 46.07). federal agency.
Conservation. (f) In individual cases where a
Dire sanitation conditions means: § 1784.3 Objective. proposed project does not meet the
(1) Recurring instances of illness The objective of the RAVG Program is definition of ‘‘Dire sanitation condition’’
reasonably attributed to waterborne to assist the residents of rural or native in § 1784.2, an applicant may request a
communicable disease have been villages in Alaska to provide for the special review and eligibility
documented or insufficient access to development and construction of water determination from the RUS
clean water creates a persistent threat of and wastewater systems to improve the Administrator in cases where the
water-washed diseases; or health and sanitation conditions in applicant is able to satisfactorily
(2) No community-wide water and those villages through removal of dire demonstrate that a water or sewer
sewer system exists and individual sanitation conditions. system is deficient and negatively
residents must haul water to or human impacts the health or safety of the
waste from their homes and/or use pit §§ 1784.4–1784.7 [Reserved]
community. The decision to review an
privies; or Subpart B—Grant Requirements eligibility determination request and
(3) An appropriate federal agency any determinations made subject to this
(such as the Centers for Disease Control § 1784.8 Eligibility. paragraph are not subject to
and Prevention) or regulatory Agency of (a) Grants may be made to the administrative appeal.
the State of Alaska determines that the following eligible applicants: (g) In order for an eligible applicant to
drinking water and/or sewer system (1) A rural or native village in Alaska; receive a grant under the Rural Alaska
does not meet current regulatory or Village Grant program, the State of
requirements. (2) DEC on behalf of one or more rural Alaska shall provide 25 percent in
Grant recipient means an applicant or native village in Alaska; or matching funds from non-Federal
that has been awarded a Rural Alaskan (3) ANTHC on behalf of one or more sources.
Village Grant under this part. rural or native village in Alaska. (h) In processing grants through DEC
IHS means the United States (b) Grants made to DEC or ANTHC and ANTHC, a public meeting must be
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Department of Health and Human may be obligated through a master letter held to inform the general public
Services, Indian Health Service. of conditions for more than one rural or regarding the development of any
Owner means Grant recipient. native village in Alaska; however, DEC proposed project. Documentation of the
RAVG means Rural Alaskan Village or ANTHC together with each public meeting must be received with
Grant, a grant awarded by RUS, DEC, individual rural or native village construction applications.
and/or ANTHC to a grant recipient beneficiary shall execute a grant (1) A notice of intent must be
under this part. agreement on a project by project basis. published in a newspaper of general
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circulation in the proposed area to be operational costs). A cost accounting (e) Except as provided in this part,
served. system that is accurate to track expenses finance any public or commercial
(2) For projects where there are no must be in place. Use of ANTHC or facility.
newspapers of general circulation, a State of Alaska equipment fleet rental
posting of the notice in a community §§ 1784.12–1784.15 [Reserved]
costs will also be eligible. RUS
building (post office, washeteria, clinic, concurrence in the allocation method is Subpart C—Application Processing
etc.) frequented by village residents may required.
be used to meet the requirement. This (c) Individual installations. (1) § 1784.16 General.
alternative form of notice has been Individual service installation relates to (a) DEC and ANTHC utilize the
authorized by the RUS Administrator. residential homes only and does not National Indian Health Service,
include public facilities or commercial Sanitation Deficiency System (SDS)
§ 1784.9 Grant amount. facilities. The only exception to serving database as a comprehensive source of
Grants will be made for up to 75 a public facility is when the facility is rural sanitation needs in Alaska. The
percent of the project development and/ necessary for the successful operation database provides an inventory of the
or construction costs, which does not and maintenance of the water or sanitation deficiencies including water,
include project administrative costs. sanitation system (i.e. the facility sewer, and solid waste facilities for
Pursuant to 7 U.S.C. 1926d, the State of utilized for accepting utility payments existing homes. The sanitation
Alaska shall provide 25 percent in and/or holding public meetings for the deficiencies data are updated annually
matching funds from non-Federal utility system). by DEC and ANTHC in consultation
sources. (2) Individual home installations, with the respective rural or native
§ 1784.10 Eligible grant purposes.
including wells, septic system, flush villages. The SDS system is utilized in
tank and haul, in-house plumbing, etc., the RAVG program to help prioritize
Grant funds may be used for the may be provided. The following
following purposes: applications under the Village Safe
guidelines must be followed for Water Program.
(a) To pay reasonable costs associated
individual installations. A certification (b) A prioritized list of projects will be
with providing potable water or waste
will be required with the application developed each year by RUS, DEC, and
disposal services to residents of rural or
that provides documentation of the ANTHC applying prioritization criteria
native villages in Alaska. Reasonable
following: to the sanitation needs database.
costs include construction, planning, (i) The residents are unable to afford
pre-development costs (including Prioritization criteria established by the
to make the improvements on their own. RUS, DEC, ANTHC, and IHS will be
engineering, design, and rights-of-way (ii) An agreement outlining the
establishment), and technical assistance based, at a minimum, on relative health
installation, operation, and maintenance impacts, drinking water and wastewater
as further defined below: of facilities must be in place.
(1) Planning. Grants can be made regulatory requirements, the sanitation
(iii) An adequate method for denying conditions in each community and
specifically for planning report costs service in the event of non-payment of
(including Master Plans, Feasibility project readiness. The VSW Program
user fees if such fees are required. process and associated prioritization
Studies, and Detection or Source (iv) All residents of the community
Studies) associated with the criteria will be used to prioritize
are treated equally. projects and place them on a priority
prioritization process. (v) The improvements provided are
(2) Pre-development. Grants can be list. The process will be reviewed and
reasonable and modest. approved by RUS, DEC, ANTHC, and
made for pre-development costs such as (vi) Legal authority (i.e. easements) is
preliminary engineering, environmental, IHS. Projects will be funded from the
obtained to construct these priority list as they meet established
application development, review and improvements.
establishment of rights-of-way and planning, design, and construction
(vii) Documentation must be provided requirements, subject to available
easement, and full construction design to RUS indicating the quantity and
for up to $1,000,000 for each eligible funding.
quality of the individual installations
village. Prior to approving additional that may be developed; cost § 1784.17 Application for Planning grants.
pre-development costs, a preliminary effectiveness of the individual facility (a) Entities identified in § 1784.8 of
engineering report (PER) and/or compared with initial and long term this part may submit a completed
approved PER like document, such as user costs on a central system; health Standard Form 424 to apply for funding
the Cooperative Project Agreement and and pollution problems attributable to to establish a Planning report for a rural
supplemental documents from ANTHC individual facilities; operational or or Native village.
and an environmental report shall be management problems peculiar to (b) Funding for planning grants will
reviewed and concurred by RUS, DEC, individual installations; and permit of be allocated annually by RUS, DEC, and
ANTHC, and IHS. regulatory agency requirements. ANTHC according to the prioritization
(3) Training and technical assistance. list described in § 1784.16(b) of this
Grant funding for technical assistance § 1784.11 Restrictions.
part.
and training will be available in Grant funds may not be used to:
accordance with Section 306D of the (a) Pay any annual recurring costs that § 1784.18 Application for Pre-development
Consolidated Farm and Rural are considered to be operational grants.
Development Act (7 U.S.C. 1926d) and expenses of a facility. (a) Entities identified in § 1784.8 of
appropriations current at the time of (b) Pay basic/rental fee or this part may submit a completed
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application. Grants for this purpose will depreciation for the use of the recipient Standard Form 424, Standard Form
be processed in accordance with 7 CFR community’s equipment. 424A, and Standard Form 424B to apply
part 1775. (c) Purchase existing systems. for funding for pre-development costs.
(b) To pay reasonable costs associated (d) Pay for items not associated with Pre-development costs are described in
with the use of a recipient community’s Rural Utilities Service’s approved scope § 1784.10 (a)(1)(iii) of this part.
equipment during construction. (i.e. of work. This includes projects (b) Funding for pre-development
maintenance, minor repairs, and developed from other funding sources. grants will be allocated annually by
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referenced in Section 2(a) of Executive outlined in 36 CFR part 800.2(a)(2) Lead adversely impact the environment. In
Order 11988, Floodplain Management, Federal agency; and the event of an unanticipated discovery
when undertaking actions located in (3) Section 7 of the Endangered of a historic property or other
floodplains. Pursuant to E. O. 11988, the Species Act as outlined in 50 CFR environmental resource, the ANTHC
IHS uses a Class Review process to 402.07, Designation of lead agency. shall stop construction activity in the
exclude certain actions from further (b) All environmental findings and area of the discovery and notify the
review under the eight-step process. For determinations made by the lead agency appropriate authority and the IHS.
all actions that do not qualify for IHS represent those of the cooperating Mitigation options resulting from
Class Review, the eight-step process agencies and will be completed in unanticipated discoveries, including but
shall be completed. All practicable accordance with the procedures not limited to changes in project scope
measures to minimize development in outlined in this section. or cancellation of the project will be
floodplains and reduce the risk to (c) RUS will, to the extent possible evaluated by the funding agencies in
human safety, health, and welfare shall and in accordance with 40 CFR 1506.2 collaboration with the ANTHC and IHS.
be followed, including elevating a new and 7 CFR 1794.14, or successor If appropriate and necessary, mitigation
water or wastewater facility at least one regulation, actively participate with plans will be negotiated and approved
foot above the base flood elevation as DEC, IHS, and ANTHC to cooperatively by all parties. When the funding
determined by the Army Corp of or jointly prepare environmental agencies have approved a mitigation
Engineers, other qualified survey, or documents so that one document will plan and IHS has reaffirmed its
best available data. Since they are comply with all applicable laws. environmental review process,
considered ‘‘critical facilities’’ as (d) For projects administered by DEC including all findings and
defined by the Federal Emergency and ANTHC, RUS agrees to participate determinations, the ANTHC will be
Management Agency (FEMA), water and as a cooperating agency in accordance authorized to initiate the agreed to
wastewater facilities may be subject to with 40 CFR 1501.6 and 7 CFR 1794.14 mitigation plan. The IHS shall bear no
more stringent standards such as and relies upon those agencies’ mitigation costs as it is not a funding
relocation out of the floodplain, higher procedures for implementing NEPA as agency for projects under this part.
elevation, or other flood proofing further described below. (g) RUS will have an opportunity to
measures. If an area has been designated (e) The lead agency will indicate that
review the IHS or DEC environmental
a floodplain by FEMA Flood Insurance RUS is a cooperating agency in all
review documents, including all
Rate Map (FIRM) coverage, flood NEPA-related notices published for the
findings and determinations to ensure
insurance shall be required for facilities proposed action.
(f) A construction grant may not be consistency with this part and agency
located in flood plains. If an area has no procedures. Where an Environmental
FEMA FIRM coverage the requirement approved until all environmental
findings and determinations have been Assessment (EA) or Environmental
to obtain flood insurance does not Impact Statement (EIS) is required by
apply. If a community is located within made according to the following:
(1) Rural Development Lead Agency. the lead agency’s environmental
a mapped FEMA Flood Insurance Rate policies and procedures, the lead agency
If RUS is the lead agency the
Map (FIRM) 100-year floodplain, but is will ensure that the scope and content
environmental review process,
not a participating National Flood of the EA or EIS satisfies the statutory
including all findings and
Insurance Program (NFIP) community and regulatory requirements applicable
determinations, will be completed in
member, then RUS may not fund the to RUS. Where an EA and EIS is not
accordance with 7 CFR 1794.
project according to 7 CFR 1806 Subpart (2) DEC Lead Agency. In the event required under the applicable lead
B. DEC is the lead agency, the agency’s procedures for implementing
(n) Project planning, including NEPA, the review by RUS will be
environmental review process,
engineering and environmental reports, limited to ensure that the applicable
including all findings and
to the maximum extent feasible, must lead agency’s procedures were followed.
determinations will be completed in
address all water and/or waste disposal (h) The National Historic Preservation
accordance with the environmental
needs for a community in a coordinated Act Section 106 review requirements
review process outlined in Appendix A
manner with other community completed for ANTHC administered
to the June 15, 2011 MOU.
development projects and take into (3) IHS Lead Agency. For projects projects will be carried out in
consideration information presented in administered by ANTHC, IHS will be accordance with the process described
available community strategic and the lead agency for the environmental in Appendix B of the June 15, 2011
comprehensive plans. Any reports or review process, including all findings MOU.
designs completed with funds must be and determinations. The environmental
completed in accordance with sound review process, including all findings
§§ 1784.24–1784.25 [Reserved]
engineering practices and USDA and determinations will be completed
regulations, including RUS NEPA Subpart D—Grant Processing
in accordance with the Department of
regulations at 7 CFR part 1794. Health and Human Services policies § 1784.26 Planning, development, and
§ 1784.23 Lead Agency Environmental and procedures in General procurement.
Review. Administration Manual, Part 30, (a) If RUS is the lead agency and will
(a) The Agency designated as the lead Council on Environmental Quality provide oversight for the project, a
agency for the purposes of this grant regulations at 40 CFR 1500–1508 and certification should be obtained from
program, will fulfill and agree to be with procedures published by IHS in the State agency, or the Environmental
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responsible for complying with lead the Federal Register, Vol. 58, No.3, page Protection Agency if the State does not
agency requirements for: 569, January 6, 1993. The ANTHC shall have primacy, stating that the proposed
(1) National Environmental Policy Act notify the funding agencies and the IHS improvements will be in compliance
(NEPA) as outlined in 40 CFR 1501.5, if a change in the project or project with requirements of the Safe Drinking
Lead agencies; scope occurs which could change any Water Act and/or Clean Water Act and
(2) National Historic Preservation Act previously prepared environmental the applicable requirements of 2 CFR
(NHPA) Section 106 review process as findings or determinations or could part 200 and 2 CFR part 400.
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![52614 Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Rules and Regulations
(b) Applicants that will bid and requirements must be outlined in § 1784.36 Procurement by applicants
construct a project in phases, must funding documents from RUS, ANTHC, eligible under this part
provide assurance that the full scope of and VSW and in agreements with the (a) For applicants eligible under
each specific phase of the project will be recipient communities. RUS may § 1784.8(a)(2) and (3), contracting and
functional. In the event that the actual request this information for the life of procurement activities will follow DEC
cost is anticipated to exceed the funding the facility. or ANTHC policies, procedures and
originally allocated for the project, all (c) The requirements found in 2 CFR methods which are based on and shall
potential options will be reviewed and parts 200, 400, 415 and 416 shall apply follow Uniform Administrative
considered, including but not limited to to all grants made under the RAVG Requirements, Cost Principles, and
acquiring additional funds or a program and shall be set forth in the Audit Requirements for Federal Awards
reduction in project scope. RUS, respective grant agreement where (2 CFR part 200). In specifying
ANTHC, and VSW will ensure that all required. materials, DEC and ANTHC will
items that were funded and within the consider all materials normally suitable
scope of the project, including all § 1784.29 Grant servicing and for the project based on sound
phases, are functional when all funds accountability. engineering practices and project
have been disbursed. (a) Grants will be serviced in requirements.
(b) Contracts for procurement must
§ 1784.27 Grant closing and disbursement accordance with 7 CFR part 1782.
contain applicable contract provisions
of Funds. (b) RUS reserves the right to request listed at Appendix II to 2 CFR part 200.
(a) The Water and Waste Grant and review project files from grantees at (c) For grants proposed to be
Agreement for rural and native villages any time. administered directly by applicants
in Alaska, or other approved form(s) (c) If at any time an application is eligible under § 1784.8(a)(1), the
will be executed by all applicants. To determined ineligible, 7 CFR part 11 requirements outlined in 7 CFR part
view all forms and agreements, refer to will be followed. 1780, subpart C will be met by those
the USDA RUS Water and eligible applicants with the exception of
Environmental Programs Web site. § 1784.30 Subsequent grants. the following requirements:
(b) Grant funds will be distributed (1) Preliminary engineering reports
from the Treasury at the time they are Subsequent grants will be processed
in accordance with the requirements set and Environmental Reports (§ 1780.55).
actually needed by the applicant using Refer to the requirements of this subpart
multiple advances. Instructions forth in this part. The initial and
subsequent grants made to complete a and subpart C § 1784.22(n).
regarding disbursement of funds can be (2) Metering devices in § 1780.57(m).
found in the Letter of Conditions. previously approved project must
comply with the maximum grant (3) Utility Purchase Contracts in
(c) If there is a significant reduction § 1780.62.
in project costs, the applicant’s funding requirements set forth in§ 1784.8(f) of
this part. (4) Sewage treatment and bulk water
needs will be reassessed. Decreases in sales contracts in § 1780.63.
RUS funds will be based on revised § 1784.31 Exception authority.
project costs and current number of § 1784.37 Procurement of recovered
users. Other factors, including RUS The Administrator may, in individual materials.
regulations used at the time of grant cases, make an exception to any When a grant is made to the DEC, the
approval, will continue to be used as requirement or provision of this part state and its contractors must comply
published at the time of grant approval. which is not inconsistent with the with section 6002 of the Solid Waste
Obligated grant funds not needed to authorizing statute or other applicable Disposal Act, as amended by the
complete the proposed project will be law and is determined to be in the Resource Conservation and Recovery
deobligated. In such cases applicable Government’s best interest. Act. The requirements of Section 6002
forms, the letter of conditions, and other include procuring only items designated
§ 1784.32–1784.34 [Reserved]
items will be revised. in guidelines of the Environmental
Subpart E—Design, Procurement, Protection Agency (EPA) at 40 CFR part
§ 1784.28 Grantee accounting methods, 247 that contain the highest percentage
management reporting, and audits. Construction, and Inspection
of recovered materials practicable,
(a) All Agency grantees will follow § 1784.35 General. consistent with maintaining a
the reporting requirements as outlined satisfactory level of competition, where
in 7 CFR 1782. This subpart is specifically designed the purchase price of the item exceeds
(b) Other reporting requirements are for use by owners including the $10,000 or the value of the quantity
as follows: professional or technical consultants or acquired during the preceding fiscal
(1) During the construction period, for agents who provide assistance and year exceeded $10,000; procuring solid
the reporting of expenses incurred for services such as engineering, waste management services in a manner
projects under this part, the party environmental, inspection, financial, that maximizes energy and resource
responsible for the administration of the legal or other services related to recovery; and establishing an affirmative
project will complete an audit report in planning, designing, bidding, procurement program for procurement
accordance with § 1782.10 (which contracting, and constructing water and of recovered materials identified in the
includes GAGAS and 2 CFR part 200 waste disposal facilities. The selection EPA guidelines.
Subpart F ‘‘Audit Requirements’’). RUS of engineers for a project design shall be
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may request a copy of this report. done by a request for proposals by the §§ 1784.38—1784.99 [Reserved].
(2) After the construction period and applicant. These procedures do not
for the life of the facility, the recipient relieve the owner of the contractual Dated: _July 28, 2015._
community will be responsible to meet obligations that arise from the Brandon McBride,
the requirements outlined in 2 CFR procurement of these services. For this Administrator, Rural Utilities Service.
parts 200, 400, 415, 416, and 7 CFR part subpart, an owner is defined as the grant [FR Doc. 2015–21122 Filed 8–31–15; 8:45 am]
1780.47 paragraphs a through d. These recipient. BILLING CODE P
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Document Created: 2018-02-26 10:04:44
Document Modified: 2018-02-26 10:04:44
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective September 1, 2015. | |
| Contact | Jacqueline M. Ponti-Lazaruk, Assistant Administrator, Water and Environmental Programs, Rural Utilities Service, Rural Development, U.S. Department of Agriculture, 1400 Independence Avenue SW., STOP 1548, Room 5147, Washington, DC 20250- 1590. Telephone number: (202) 690-2670, Facsimile: (202) 720-0718. | |
| FR Citation | 80 FR 52606 | |
| RIN Number | 0572-AC28 |
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