cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
25 rows where agency = "RUS" and part_number = 1781 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 7:7:12.1.1.1.12.0.1.1 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.1 | § 1781.1 Purpose. | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | This part prescribes the policies and procedures for making: (a) Watershed (WS) loans and Watershed (WS) advances for works of improvement in a watershed project; and (b) Resource Conservation and Development (RCD) loans for measures or projects needed to implement the RCD area plan to achieve objectives in an RCD area. | ||||
| 7:7:12.1.1.1.12.0.1.10 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.10 | § 1781.10 [Reserved] | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | |||||
| 7:7:12.1.1.1.12.0.1.11 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.11 | § 1781.11 Other considerations. | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | [62 FR 33500, June 19, 1997, as amended at 81 FR 11028, Mar. 2, 2016] | (a) Technical assistance. When pipelines from reservoirs to treatment plants are included in watershed work plans, NRCS will not furnish engineering services for their design or installation. When such pipelines are to be financed by WS or RCD loans, RUS will supervise the activities of the private engineers retained for the purpose. Such RUS supervision will include, among other things, approval of private engineer's contracts, approval of plans and specifications, authorization of contract awards, spot checks of engineering inspection, and final inspection and acceptance. (b) Professional services. Applicants will be responsible for providing the services necessary to plan projects including design of facilities, preparation of cost and income estimates, development of proposals for organization and financing, and overall operation and maintenance of the facility. Necessary professional services may include such as that of an engineer, architect, attorney, bond counsel, accountant, auditor, and financial advisor or fiscal agent. Form RD 442-19, “Agreement for Engineering Services,” may be used when appropriate. RUS Bulletin 1780-7, “Legal Service Agreement” may be used to prepare the agreement for legal services. (c) Other services. Contracts for other services such as management, operation, and maintenance will be developed by the applicant and presented to the RUS official developing the docket for review and approval. (d) Fees for services. Fees provided for in contracts, agreements or services will not be more than those ordinarily charged by the profession for similar work when RUS financing is not involved. (e) State pollution control or Environmental Protection Agency standards. Facilities will be designed, installed and operated to prevent pollution of water in excess of established standards. Effluent disposal will conform with appropriate State and Federal Water Pollution Control Standards. (f) Water pollution. When repayment of a WS loan, WS advance, or RCD loan will be dependent upo… | |||
| 7:7:12.1.1.1.12.0.1.12 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.12 | § 1781.12 Preapplication and application processing. | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | (a) WS and RCD loans —(1) Preapplications. (i) The processing office or other person designated by the Rural Development State Director may assist the applicant in completing SF 424.1, “Application for Federal Assistance (For Non-construction),” and will forward one of SF 424.1 to the Rural Development State Director. (ii) The Rural Development State Director will review SF 424.1 along with other necessary information and will coordinate selection of preapplications to be processed with NRCS. He will consult with NRCS State Conservationist concerning the status of the WS plan or RCD measure plan, the estimated time schedule for construction and cost of the proposed works to be installed with the loan, cost sharing funds to be made available to the applicant, and other pertinent information. (iii) Form AD-622, “Notice of Preapplication Review Action,” will be prepared and signed by the Rural Development State Director within forty-five (45) days from receipt of the preapplication in the processing office stating the results of the review action. An original and one copy of Form AD-622 will be sent to the processing office who will deliver the original to the applicant. (2) Applications. (i) The application includes applicable forms and information indicated in RUS Instruction 1780. When the Rural Development State Director determines that an application will be further processed and Form AD-622 is delivered, he will designate a community program specialist (field), or a member of the community program staff to assist the processing office and the applicant with assembling and processing the application. (ii) The processing office should arrange needed conferences with the applicant and its legal and engineering consultants, and when necessary, arrange for review of other Rural Development officials, and provide bulletins, forms, instructions and other assistance with assembling and processing the application. A processing checklist and time schedule will be established by using Form RD 1942-40, “Processin… | ||||
| 7:7:12.1.1.1.12.0.1.13 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.13 | § 1781.13 [Reserved] | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | |||||
| 7:7:12.1.1.1.12.0.1.14 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.14 | § 1781.14 Planning, options, and appraisals. | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | (a) WS and RCD area plans are developed by sponsoring local agencies and organizations with technical assistance from NRCS and other Federal and State agencies. These plans include WS works of improvement and RCD measures to be developed or constructed for which NRCS construction funds may be made available on a cost share basis along with funds provided by the sponsoring local organization, a portion or all of which may be obtained by a WS loan and/or WS advance or a RCD loan. (b) Current information on the availability of cost share funds and purposes for which they may be used is provided by NRCS. The amount of NRCS cost share funds and the amount of funds to be provided by the sponsoring local organizations will be indicated in each plan. The estimated amount of WS loan, WS advance or RCD loan anticipated by the sponsoring local organization should also be included. (c) Plans for the development or construction of individual WS works of improvement and RCD measures will normally be developed with NRCS technical assistance. In every case they will be approved by both the NRCS State conservationist and the Rural Development State Director or their designated agent when a WS loan, WS advance or RCD loan is made. (d) Options and appraisals related to the purchase of real estate for which a WS loan, WS advance, or RCD loan is made must be developed in accordance with NRCS and RUS requirements and approved by RUS. The determination of present market value will be made in accordance with § 1780.44(g) of this chapter. | ||||
| 7:7:12.1.1.1.12.0.1.15 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.15 | § 1781.15 Planning and performing development. | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | Planning and performing development will be handled in accordance with subpart C of part 1780 of this chapter and guidance from NRCS. | ||||
| 7:7:12.1.1.1.12.0.1.16 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.16 | § 1781.16 [Reserved] | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | |||||
| 7:7:12.1.1.1.12.0.1.17 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.17 | § 1781.17 Docket preparation and processing. | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | (a) Loan dockets. Dockets for WS loans, WS advances and RCD loans will be prepared in accordance with the applicable provisions of part 1780 of this chapter. (1) Time for preparation of docket. Docket preparation may begin as soon as a preliminary draft of the watershed plan or RCD area plan, together with an estimate of costs and benefits, have been prepared with the assistance of NRCS and approved by the sponsoring local organization applicant. However, the applicant must understand that approval of the WS loan, WS advance, or RCD loan will not be determined until the work plan has been authorized for assistance by NRCS. To the extent practicable, docket preparation may be completed by that time to facilitate the availability of funds when needed. (2) Instructions for preparation of docket. When the Rural Development State Director has determined that plans and other requirements are completed to the extent that preparation of the loan docket may begin, he will send the processing office a memorandum giving complete instructions for docket preparation, with a list of documents to be included in the docket. (3) Objectives of the docket. The docket should include information for use in determining that: (i) The sponsoring local organization: (A) Has legal authority to construct and operate the proposed facility, borrow money, give security, incur debt, and generate revenue needed for operation, maintenance, reserves, debt payment, and other cash requirements. (B) Is a sponsor or cosponsor of the WS plan or RCD work plan and is otherwise eligible for assistance. (ii) Funds will be used for authorized purposes. (iii) The source of income to be pledged for debt payment and the security proposed is adequate. (iv) Actions required for loan closing are administratively satisfactory, legally sufficient and properly documented in accordance with Agency regulations. (4) Assembly of the docket. The docket will be assembled in accordance with paragraph (a)(2) of this section and will include the followin… | ||||
| 7:7:12.1.1.1.12.0.1.18 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.18 | § 1781.18 Feasibility. | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | (a) Before WS loan, WS advance, or RCD loan is approved, a determination of feasibility will be made by the Rural Development State Director based upon a review of plans developed in cooperation with NRCS personnel. The feasibility determination must have the concurrence of the NRCS State Conservationist before a WS loan, WS advance, or RCD loan is approved. (b) A written assessment of the project's feasibility will be made by the processing office, Architect/Engineer, and Program Chief in their recommendations or comments on the Project Summary. These should reflect concurrence of the respective NRCS personnel in counterpart positions with whom they cooperate in administering these programs. | ||||
| 7:7:12.1.1.1.12.0.1.19 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.19 | § 1781.19 Approval, closing, and cancellation. | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | (a) Approval and closing actions will be taken in accordance with the applicable provisions of part 1780 of this chapter and the following requirements have been met: (1) The WS or RCD plan has been approved for operations by NRCS and the applicant is an official sponsoring or cosponsoring local organization for the plan as evidenced by being included in the list of sponsoring or co-sponsoring local organizations in the plan. (2) Closing instructions or a preliminary legal opinion has been prepared by the Regional Attorney. (3) The governing body of the applicant's sponsoring local organization has formally passed and approved the loan resolution. (4) The Rural Development State Director and NRCS State Conservationist have determined that all planned actions can be carried out as proposed in the project plan and the docket. (5) The NRCS State Conservationist and Rural Development State Director have mutually agreed on the priority to be given the WS loan or WS advance, or RCD loan. In making this determination, consideration will be given to the relative priority of the WS works of improvement or RCD measures to all other such work in the State and the anticipated availability of Federal and local funds to assure continuity of action and work until the project is completed. When funds are to be provided by NRCS for a WS or RCD loan or a WS advance such funds must be obligated by NRCS before closing. (6) Public bodies will be required to use bond counsel in accordance with subpart D of part 1780 of this chapter. (b) When favorable action is not taken on a WS loan, WS advance, or RCD loan, the Rural Development State Director will notify the NRCS State Conservationist and the applicant in writing and, if possible, arrange for a meeting of RUS and NRCS representatives with the applicant to explain the action. WS loans, WS advances, or RCD loans may be canceled before closing. | ||||
| 7:7:12.1.1.1.12.0.1.2 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.2 | § 1781.2 Policy. | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | [62 FR 33500, June 19, 1997, as amended at 80 FR 9864, Feb. 24, 2015] | (a) Rural Utilities Service (RUS), is an agency of the United States Department of Agriculture established pursuant to section 232 of the Department of Agriculture Reorganization Act of 1994 (Pub. L. 103-354, 108 Stat. 3178). Natural Resources Conservation Service (NRCS), is an agency of the United States Department of Agriculture established pursuant to section 232 of the Department of Agriculture Reorganization Act of 1994 (Pub. L. 103-354, 108 Stat. 3178), successor to the Soil Conservation Service. RUS will make WS and RCD loans available to sponsoring local public bodies, agencies, and nonprofit organizations to assist them in obtaining the local cost of WS works of improvement and RCD measures. Any processing or servicing activity conducted pursuant to this part involving authorized assistance to RUS employees, members of their families, known close relatives, or business or close personal associates, is subject to the provisions of subpart D of part 1900 of this title. Applicants for this assistance are required to identify any known relationship or association with an RUS employee. RUS will assist the local sponsors and the NRCS in making loans from NRCS construction funds as WS advances when needed for the development of future water supplies or for site preservation. (b) Rural Development State and local offices will administer these programs on behalf of RUS and will coordinate application processing with the NRCS and other appropriate State and Federal agencies. | |||
| 7:7:12.1.1.1.12.0.1.20 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.20 | § 1781.20 Disbursement of WS and RCD loan funds and WS advance funds. | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | (a) WS and RCD loan funds will be disbursed by the processing office in accordance with the applicable provisions of § 1780.45 of this chapter and RUS Bulletin 1781-1, paragraph (5). Funds will be made available to the borrower as needed for payment of development or other costs for which the loan is made. The processing office must determine that the payment is for an authorized purpose and is for benefits accrued to the borrower. This will require evidence from NRCS in accordance with the applicable provisions of RUS Bulletin 1781-1, “Memorandum of Understanding Between RUS and NRCS.” (b) WS advance funds may be disbursed in the same manner as WS loan funds if such funds are transferred to RUS by NRCS for disbursement or they may be disbursed by NRCS. When WS advance funds are disbursed by NRCS, payments from advance of funds will be reported to the Rural Development State Director each month to be reported to the Finance Office and charged to the borrower's account. This action will be taken in accordance with the applicable provisions of RUS Bulletin 1781-1 or RUS Bulletin 1781-2 and agreement between the NRCS State Conservationist and Rural Development State Director as follows: (1) When a future water supply is being developed with NRCS, WS advance funds, the NRCS State Conservationist will send the Rural Development State Director a monthly report of funds disbursed. This will include three (3) copies of Form NRCS-AS-49a and 49b, “Contract Payment Estimate and Construction Progress Report,” along with a transmittal Memorandum showing the sequential number (first, second, third, etc.) of the payment, the amount and date of payment, the check number by which the payment was made and the cumulative amount of advance funds disbursed to date. When the works of improvement, for which WS advance funds are used is completed the final report will, in addition to the above, show the date that construction was completed and the total amount of WS advance funds used. (2) WS advances for construction costs will be s… | ||||
| 7:7:12.1.1.1.12.0.1.21 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.21 | § 1781.21 Borrower accounting methods, management, reporting, and audits. | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | These activities will be handled in accordance with the provisions of § 1780.47 of this chapter. | ||||
| 7:7:12.1.1.1.12.0.1.22 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.22 | § 1781.22 Subsequent loans. | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | Subsequent loans will be processed in accordance with this part. | ||||
| 7:7:12.1.1.1.12.0.1.23 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.23 | § 1781.23 Servicing. | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | Servicing will be handled in accordance with the provisions of subpart E of part 1951 of this title. | ||||
| 7:7:12.1.1.1.12.0.1.24 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.24 | § 1781.24 State supplements and availability of bulletins, instructions, forms, and memorandums. | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | (a) State supplements will be issued as needed in accordance with applicable provisions of part 1780 of this chapter. (b) Bulletins, instructions, forms and memorandums are available from any USDA/Rural Development office or the Rural Utilities Service, United States Department of Agriculture, Washington, DC. 20250-1500. | ||||
| 7:7:12.1.1.1.12.0.1.25 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | §§ 1781.25-1781.100 [Reserved] | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | ||||||
| 7:7:12.1.1.1.12.0.1.3 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.3 | § 1781.3 Authorities, responsibilities, and delegation of authority. | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | (a) NRCS provides technical and financial assistance to sponsoring local organizations for developing WS and RCD area plans and for individual RCD measures or projects and watershed works of improvement. The watershed work plan for developing, operating, and maintaining watershed works of improvement must be agreed upon by sponsoring local organizations and NRCS. When approved, it is the basis for extending technical and cost sharing assistance from watershed funds. The RCD area plan is prepared for the development of the RCD area by sponsoring local organizations with assistance from NRCS and other agencies, endorsed by the Governor or by the agency designated by the Governor, and accepted by the Secretary of Agriculture or his delegate. It includes objectives, planned courses of action, and RCD measures or projects to be developed. It is amended as necessary to include continuing activities and needs in the RCD area. (b) RUS receives and processes applications for WS loans and NRCS WS advances and RCD loans and makes and services such loan and advances. WS loans are made by RUS from either Public Law 534 (78th Cong.) funds authorized in the Flood Control Act of 1944 (33 U.S.C. 701 et seq. ) or Public Law 566 (83rd Cong.) funds authorized in the Watershed Protection and Flood Prevention Act of 1954 (68 Stat. 666) to cover a part or all of the local cost for a watershed work of improvement. (c) WS loans and WS advances may be made to project sponsors in watershed project areas for which: (1) A watershed work plan has been approved administratively or by resolutions adopted by the Committee on Agriculture and Forestry of the Senate and by the Committee on Agriculture of the House of Representatives; and (2) Federal assistance has been authorized for the installation of works of improvement by the Administrator of NRCS. (d) RCD loans may be made in areas authorized for RCD program assistance by the Secretary of Agriculture and for which an RCD plan design or area plan has been accepted by the State NRCS Conse… | ||||
| 7:7:12.1.1.1.12.0.1.4 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.4 | § 1781.4 Definitions. | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | (a) Watershed (WS) project. An authorized area in which watershed assistance from NRCS and other U.S. Department of Agriculture (USDA) agencies including WS loans and advances may be provided. Watershed assistance is provided in two types of watershed projects identified by the Public Law under which they are authorized. (1) Public Law-534 Watershed. One of the 11 watersheds authorized by Congress in the Flood Control Act of 1944 (33 U.S.C. 701 et seq. ), Public Law 78-534 as amended. (2) Public Law-566 Watershed. A small watershed of not more than 250,000 acres authorized in accordance with the Watershed Protection and Flood Prevention Act, August 4, 1954, Public Law 83-566 as amended. (b) Resource Conservation and Development (RCD) area. An area in which RCD program assistance from NRCS and other USDA agencies has been authorized. It usually includes all or part of more than one county and may be coterminous with substate planning and development areas. RCD loans are authorized under Section 32 of Title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011). (c) Watershed plan. A plan agreed upon by sponsoring local organizations and the NRCS for developing, operating, and maintaining watershed works of improvement. (d) RC&D measure plan. A plan document for a land area, directly controlled or under the jurisdiction of the sponsoring public bodies or public nonprofit organization. It involves one of the measure purposes eligible for RC&D cost sharing assistance. The document sets forth what will be done, how, when and by whom, and involves RC&D technical and/or financial assistance. (e) RCD area plan. A plan prepared by sponsoring local organizations with assistance from NRCS and other agencies for the development of the RCD area which has been endorsed by the Governor or his designated agency and accepted by the Secretary of Agriculture or his delegate. It includes objectives, planned courses of action, and RCD measures to be developed. It is amended as necessary to include continuing a… | ||||
| 7:7:12.1.1.1.12.0.1.5 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.5 | § 1781.5 Eligibility. | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | To be eligible for a WS loan, WS advance, or an RCD loan, the sponsoring local organization must meet the following requirements as applicable. Questions on eligibility will be referred to the Regional Attorney, OGC for legal advise prior to development of a loan docket. (a) Be named in the WS or RCD plan as a sponsor of the development to be financed. (b) Be legally organized and established in the WS or RCD area with legal authority, responsibility and capability to develop and operate the facility for which assistance is requested. (c) Have authority under and comply with Federal, State and local laws on such matters as: (1) Organizing, installing, operating, and maintaining proposed WS works of improvement or RCD measures or projects. (2) Borrowing money, giving security, levying taxes, making assessments or raising revenues for operation and maintenance of the facility and repayment of loans. (3) Land use zoning. (4) Acquiring necessary property, lands, and rights. (5) Obtaining approval of construction plans and specifications by appropriate Federal, State, and local agencies and construction facilities. (6) Health and sanitation standards, water pollution control, and environmental regulations. (7) Design and installation standards. (8) Public service commission or similar State public body rules and regulations. (d) Be financially sound and capable of providing service essential to the rural development needs of the area. (e) If it is a nonprofit corporation. (1) Membership should be broadly based and representative of the area benefiting from the facility. Membership on the governing board of the corporation will be limited to those living in the area to be benefited unless for justifiable reasons the Rural Development State Director gives prior approval for other than local residents to serve on the board of directors. (2) The corporation must propose a facility which will primarily serve or generate other substantial, tangible benefits for farmers and other residents of the area. In the … | ||||
| 7:7:12.1.1.1.12.0.1.6 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.6 | § 1781.6 Loan purposes. | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | (a) WS and RCD loans. WS and RCD loans may be used for: (1) Water development, storage, treatment and conveyance to farms for irrigation and other farm use, including farmstead, livestock, orchard, and crop spraying. (2) Drainage systems and facilities in farm areas to sustain agricultural production or protect farmers and rural residents from water damage. (3) Agricultural water management practices for annual streamflow stabilization, recharging ground water reservoirs, and conserving water supplies by management and control of vegetation along waterways and in drainage basins. (4) Soil conservation and water control facilities such as dikes, terraces, detention reservoirs, stream channels, ditches, and other special land treatment and stabilization measures needed to protect farms and rural residents from water damage, provided such facilities cannot be installed or improved under, or will not conflict with, other public programs such as those administered by the Corps of Engineers. (5) Special treatment measures or equipment primarily, though not exclusively, for flood prevention such as: (i) Facilities and equipment for fire prevention and control. (ii) Tree planting and establishment of other vegetative cover for stabilizing critical runoff and sediment-producing areas. (iii) Structural and vegetative measures to stabilize stream channels and gullies. (iv) Basic farm conservation practices to control runoff, erosion, and sedimentation. (6) Installing, repairing, and improving water storage facilities, including outlets for immediate and future domestic, municipal and industrial water supply and water quality management, and conveying water to treatment facilities or distribution systems. When payment of loans for such facilities are primarily dependent upon revenues from use of water stored the loan approval official must determine the adequacy of facility for use of the water before a loan is closed. (7) Public water based recreation and fish and wildlife developer loans will only be made to p… | ||||
| 7:7:12.1.1.1.12.0.1.7 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.7 | § 1781.7 Loan and advance limitations and obligations incurred before loan closing. | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | (a) WS and RCD loan limitations. (1) Loans will not be used for: (i) Land treatment measures on individual farms except as provided in § 1781.6(a)(5)(iv). (ii) Buildings and facilities to be used for lodging, dining or entertainment purposes. (iii) Building industrial parks or constructing facilities in them, or establishing private industrial or commercial enterprises, or purchasing land to be used primarily for industrial purposes. (iv) Paying costs allocated to structural measures for flood prevention. (v) Facilities for the production and harvesting of fish and wildlife such as hatcheries, rearing ponds, and related facilities other than those under natural conditions. (vi) Facilities primary for treatment and distribution of water or for sewerage, collection and treatment for domestic or industrial use or for municipal or community systems. (vii) Electric generating, transmission, and distribution facilities, except when provided as part of the minimum basic facilities for recreation and fish and wildlife developments authorized in § 1781.6(a)(7). (viii) Storm and sanitary sewers and solid waste disposal facilities other than authorized in § 1781.6(b)(1). (ix) Payment for a tract of land, easements, or rights-of-ways on which NRCS will share the cost if the amount to be paid with loan funds exceeds the difference between the NRCS share and the value on which the NRCS share is based. (x) Purchasing tracts of land primarily for later resale to private developers or individuals for agricultural or nonagricultural use. (xii) Buildings for residential, commercial, or industrial, use. (xiii) Developments on private property primarily for the benefit of the individual property owner. (xiv) Payment of that part of the cost of facilities, improvements, and practices that could be earned by participation in agricultural conservation programs unless such cost cannot be covered by purchase orders or assignments to material suppliers or contractors. If a loan is made for such purposes for which practice or… | ||||
| 7:7:12.1.1.1.12.0.1.8 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.8 | § 1781.8 Rates and terms—WS loans and WS advances and RCD loans. | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | (a) Interest rates. The interest rate for WS loans, WS advances and RCD loans will be at a rate not to exceed the current market yield for outstanding municipal obligations with remaining periods to maturity comparable to the average maturity for the loan, adjusted to the nearest 1/8 of 1 percent. (1) For loans, unless otherwise required by State law, interest will accrue from date of check delivery where Form RD 440-22, “Promissory Note (Association Organization),” is used. Where bonds are used interest will accrue from the applicable dates recorded on the bonds. Where multiple loan disbursements are used interest will accrue from date of check. (2) Interest on an advance for future water supply will begin as required by State law, when water is first used from the future water storage capacity installed with advance, or ten years from the scheduled date of the completion of the facility, whichever date is the earlier. (3) Interest on an advance for preservation of sites will begin on the date the advance is closed. (b) Length of repayment period. The repayment period on loans may not exceed the shortest of the following periods: (1) The statutory limitation on the sponsoring local organization's borrowing authority. (2) Fifty (50) years for WS loans and WS advances and 30 years for RCD loans from the date when the principal benefits from the WS works of improvement or RCD measure being financed first become available. (3) The useful life of the WS works of improvement or RCD measure being financed with loan or advance funds. (c) Deferred or partial payments. Deferred or partial payments may be authorized in the following circumstances: (1) Payments need to be delayed until the receipt of income from taxes or other revenues is enough to meet a regular installment but not exceed: (i) The completion date of the facility; or (ii) The date when benefits from the facility begins; but (iii) In no case for more than 5 years for other than future water supply. (2) Payments will depend on the increa… | ||||
| 7:7:12.1.1.1.12.0.1.9 | 7 | Agriculture | XVII | 1781 | PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES | 1781.9 | § 1781.9 Security, feasibility, evidence of debt, title, insurance and other requirements. | RUS | 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. | 62 FR 33500, June 19, 1997, unless otherwise noted. | (a) Security. WS loans, WS advances, and RCD loans will be secured in accordance with applicable provisions of § 1780.14 of this chapter. (b) Feasibility. All projects financed under the provisions of this part must be based on taxes, assessments, revenues, fees, or other satisfactory sources in an amount that will provide for facility operation and maintenance, a reasonable reserve, and payment of the debt. The Rural Development State Director may obtain needed assistance in determining economic feasibility from officials of NRCS and other appropriate USDA agencies. See § 1780.7(f) of this chapter for applicable economic feasibility requirements and feasibility reports. (c) Notes, bonds, and bond transcript documents. See subpart D of part 1780 of this chapter for applicable requirements and provisions. (d) Insurance. See § 1780.39(g) of this chapter for requirements. (e) National flood insurance. The requirements of the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq. ) as amended by the Flood Disaster Protection Act of 1973 (42 U.S.C. 4003 et seq. ) will be complied with in accordance with applicable provisions of RD Instruction 1901-L. Also see § 1780.39(g) of this chapter. (f) Borrower contracts and bonds. See subpart C of part 1780 of this chapter for applicable provisions. (g) Title requirements. (1) Title evidence for land, easements, and rights-of-way to be acquired with proceeds of loans or advances will be furnished by the sponsoring local organization in accordance with NRCS policies and procedures. (2) RUS will specify and approve the form and content of instruments for conveying title to or interest in real estate on which a lien will be taken to secure a WS loan, WS advance, or RCD loan. These should be consistent with the applicable provisions of § 1780.14 of this chapter. The Rural Development State Director will make his decision after consultation with the Regional Attorney and the State Conservationist. He will notify NRCS in writing of his decision. Thereaft… |
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