Rule2023-15202
Loan Guarantees Under the Section 538 Guaranteed Rural Rental Housing Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 19, 2023
Effective
July 19, 2023
Issuing agencies
Agriculture DepartmentRural Housing Service
Abstract
The Rural Housing Service (RHS or Agency), a Rural Development (RD) agency of the United States Department of Agriculture (USDA), is correcting a rule document that published in the Federal Register on April 28, 2023, entitled, "Loan Guarantees Under the Section 538 Guaranteed Rural Rental Housing Program." The purpose of the notification was to announce updates in the process of submitting complete applications, updating the names and contact information for key personnel and changes in priority scoring. The purpose of this notification is to correct inadvertent errors that were previously published in the rule document on April 28, 2023, in the Federal Register.
Full Text
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<title>Federal Register, Volume 88 Issue 137 (Wednesday, July 19, 2023)</title>
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[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Rules and Regulations]
[Pages 46047-46048]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15202]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
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Federal Register / Vol. 88 , No. 137 / Wednesday, July 19, 2023 /
Rules and Regulations
[[Page 46047]]
DEPARTMENT OF AGRICULTURE
Rural Housing Service
7 CFR Part 3565
[Docket No. RHS-23-MFH-0008]
Loan Guarantees Under the Section 538 Guaranteed Rural Rental
Housing Program
AGENCY: Rural Housing Service, USDA.
ACTION: Notification and updates to previous rule document; correction.
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SUMMARY: The Rural Housing Service (RHS or Agency), a Rural Development
(RD) agency of the United States Department of Agriculture (USDA), is
correcting a rule document that published in the Federal Register on
April 28, 2023, entitled, ``Loan Guarantees Under the Section 538
Guaranteed Rural Rental Housing Program.'' The purpose of the
notification was to announce updates in the process of submitting
complete applications, updating the names and contact information for
key personnel and changes in priority scoring. The purpose of this
notification is to correct inadvertent errors that were previously
published in the rule document on April 28, 2023, in the Federal
Register.
DATES: The effective date of the correction is July 19, 2023.
FOR FURTHER INFORMATION CONTACT: Jonathan Bell, Director, Processing
and Report Review Branches, Production and Preservation Division,
Multifamily housing Programs, Rural Development, United States
Department of Agriculture, via email: <a href="/cdn-cgi/l/email-protection#6b262d231b1904080e181802050c5a2b1e180f0a450c041d"><span class="__cf_email__" data-cfemail="5419121c24263b373127273d3a336514212730357a333b22">[email protected]</span></a> or
telephone: (254) 742-9764. This number is not toll-free. Hearing or
speech impaired persons may access that number by calling the Federal
Information Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION:
Correction
In the Federal Register of April 28, 2023, in FR Doc. 2023-08952
(88 FR 26221), make the following corrections:
(1) On page 26223 in the first column, under Section III, insert
the following language after the first paragraph:
System for Award Management and Unique Entity Identifier.
(a) At the time of application, each applicant must have an active
registration in the System for Award Management (SAM) before submitting
its application in accordance with 2 CFR part 25. To register in SAM,
entities will be required to obtain a Unique Entity Identifier (UEI).
Instructions for obtaining the UEI are available at <a href="https://sam.gov/content/entity-registration">https://sam.gov/content/entity-registration</a>.
(b) Applicants must maintain an active SAM registration, with
current, accurate and complete information, at all times during which
it has an active Federal award or an application under consideration by
a Federal awarding agency.
(c) Applicant must ensure they complete the Financial Assistance
General Representations and Certifications in SAM.
(d) Applicants must provide a valid UEI in its application, unless
determined exempt under 2 CFR 25.110.
(e) The Agency will not make an award until the applicant has
complied with all SAM requirements including providing the UEI. If an
applicant has not fully complied with the requirements by the time the
Agency is ready to make an award, the Agency may determine that the
applicant is not qualified to receive a Federal award and use that
determination as a basis for making a Federal award to another
applicant.
(2) On page 26223 in the third column, correct the last paragraph
to read as follows:
In compliance with Agency guidance to determine the lender's
(participants) eligibility, the Agency is responsible for screening
lenders in the Do Not Pay Portal for the following: (1) Credit Alert
System (CAIVRS); (2) System for Award Management Entity Registration
Records (SAMENT); (3) System for Award Management Exclusion Records-
Restricted (SAM-EXCL-RES) and (4) Treasury Offset Program Debt Check
(DBCK). If the lender is a non-profit, the Agency will also screen for
Internal Revenue Service (IRS) Automatic Revocation of Exemption List
(ARL). Screening will take place when the lender submits a complete
application to the Agency. At the time of application, each applicant
must have an active registration in the System for Award (SAM) before
submitting its application in accordance with 2 CFR 25.200. To register
in SAM, entities will be required to create a Unique Entity Identifier
(UEI). Instructions for obtaining the UEI are available at <a href="https://sam.gov/content/entity-registration">https://sam.gov/content/entity-registration</a>. Further information regarding SAM
registration and the UEI can be found in this notice.
(3) On page 26224 in the first column, correct the first paragraph
to read as follows:
Also, as part of the complete application package, the lender must
provide a list of all the lender's principals (in accordance with the
definition below) in the organization. This information will be used to
screen the lender's principals in the Do Not Pay Portal for SAM-EXCL-
RES at the application stage.
(4) On page 26225 in the first column, correct the second paragraph
to read:
i. In accordance with 2 CFR 180.300, the lender must verify and
provide documentation to the Agency that the borrowing entity and the
borrowing entity's principals; and the borrower's management agent and
the management agent's principals are not excluded or disqualified by:
A. Checking SAM Exclusions (<a href="https://sam.gov">https://sam.gov</a>); or
B. Collecting a certification; or
C. Adding a clause or condition to the covered transaction.
(5) On page 26225 in the second column, delete the fifth bullet
under (2) that reads:
``The lender must provide to the Agency a certification from the
borrower that the borrower is not under any State or Federal order
suspending or debarring participation in State or Federal loan programs
and that the borrower is not delinquent on any nontax obligation to the
United States.''
(6) On page 26226 in the third column, correct the first bullet to
read as follows:
[squ] In accordance with 2 CFR 180.300, the lender must verify and
provide documentation to the Agency that the property management entity
and the
[[Page 46048]]
property management entity's principals are not excluded or
disqualified by:
a. Checking SAM Exclusions (<a href="https://sam.gov">https://sam.gov</a>); or
b. Collecting a certification; or
c. Adding a clause or condition to the covered transaction.
(7) On page 26227, in the second column, in the fourth complete
paragraph, revise the first line to add ``3'' after Priority and before
the emdash to be consistent with numbering sequence.
Cathy Glover,
Acting Administrator, Rural Housing Service.
[FR Doc. 2023-15202 Filed 7-18-23; 8:45 am]
BILLING CODE 3410-XV-P
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