Rule2024-24742
Updates to the Off-Farm Labor Housing (Off-FLH), Loan and Grant Rates and Terms; Clarification of Grant Agreement Terms
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
October 25, 2024
Effective
October 25, 2024
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 amending the current regulation for the Off-Farm Labor Housing (Off- FLH) program to clarify the grant agreement term and adopt the period of performance as required by Federal award information requirements. The Agency expects the changes to clarify for applicants and grantees their obligations and requirements as Federal award recipients.
Full Text
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<title>Federal Register, Volume 89 Issue 207 (Friday, October 25, 2024)</title>
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[Federal Register Volume 89, Number 207 (Friday, October 25, 2024)]
[Rules and Regulations]
[Pages 85035-85037]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24742]
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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.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89 , No. 207 / Friday, October 25, 2024 /
Rules and Regulations
[[Page 85035]]
DEPARTMENT OF AGRICULTURE
Rural Housing Service
7 CFR Part 3560
[Docket No.: RHS-23-MFH-0013]
RIN 0575-AD36
Updates to the Off-Farm Labor Housing (Off-FLH), Loan and Grant
Rates and Terms; Clarification of Grant Agreement Terms
AGENCY: Rural Housing Service, U.S. Department of Agriculture (USDA).
ACTION: Final rule.
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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
amending the current regulation for the Off-Farm Labor Housing (Off-
FLH) program to clarify the grant agreement term and adopt the period
of performance as required by Federal award information requirements.
The Agency expects the changes to clarify for applicants and grantees
their obligations and requirements as Federal award recipients.
DATES: Effective date: October 25, 2024.
FOR FURTHER INFORMATION CONTACT: Christa Lindsey, Finance and Loan
Analyst, United States Department of Agriculture Rural Housing Service,
Multifamily Housing Production and Preservation Division; telephone
number: (352) 538-5747; email address: <a href="/cdn-cgi/l/email-protection#7f121917510f0d10180d1e120c0a0f0f100d0b3f0a0c1b1e51181009"><span class="__cf_email__" data-cfemail="d8b5beb0f6a8aab7bfaab9b5abada8a8b7aaac98adabbcb9f6bfb7ae">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
The RHS, an agency of the USDA, offers a variety of programs to
build or improve housing and essential community facilities in rural
areas. RHS offers loans, grants, and loan guarantees for single- and
multi-family housing, childcare centers, fire and police stations,
hospitals, libraries, nursing homes, schools, first responder vehicles
and equipment, and housing for farm laborers. RHS also provides
technical assistance loans and grants in partnership with non-profit
organizations, Indian tribes, State and Federal Government agencies,
and local communities.
Title V of the Housing Act of 1949 (Act) authorized the USDA to
make housing loans to farmers to enable them to provide habitable
dwellings for themselves or their tenants, lessees, sharecroppers, and
laborers. The USDA then expanded opportunities in rural areas, making
housing loans and grants to rural residents through the Single-Family
Housing (SFH) and Multi-Family Housing (MFH) Programs.
The RHS also operates the MFH Farm Labor Housing direct loan and
grant programs under sections 514 and 516 which provide low interest
loans and grants to provide housing for year-round and migrant or
seasonal domestic farm laborers. These eligible farm laborers may work
either at the borrower's farm (``on-farm'') or at any other farm
(``off-farm''). Housing under these programs may be built in any area
with a need and demand for housing for farm laborers.
II. Summary of Comments and Responses
Stakeholder input is vital to ensure that proposed changes to
current regulations will support the Agency's mission, while ensuring
that new regulations and policies are reasonable and do not overly
burden the Agency's lenders and their customers. The Rural Housing
Service (RHS) published a proposed rule in the Federal Register on
September 12, 2023 (88 FR 62475) and a 60-day comment period was
provided for the public to submit comments, which closed on November
13, 2023. The Agency did not receive any comments therefore, the final
rule will publish with no changes from the published proposed rule.
III. Discussion of the Final Rule
This final rule is necessary to bring the current regulation at 7
CFR 3560.566 into compliance with the Federal award information
requirements outlined in 2 CFR 200.211. Pursuant to 2 CFR 200.1, the
``period of performance'' is defined as: ``. . . the time interval
between the start and end date of a Federal award, which may include
one or more budget periods. Identification of the period of performance
in the Federal award consistent with 7 CFR 200.211(b)(5) does not
commit the Federal agency to fund the award beyond the currently
approved budget period.''
Identification of the period of performance in the Federal award
per 2 CFR 200.211(b)(5) does not commit the awarding agency to fund the
award beyond the currently approved budget period. Furthermore, a
Federal award is defined under 2 CFR 200.1 as the instrument setting
forth the terms and conditions of the grant agreement, cooperative
agreement or other agreement for assistance as specified in 2 CFR
200.1. The changes in this final rulemaking will clarify the term of
the grant agreement in 7 CFR 3560.566(c) and define a five-year fixed
period of performance in 7 CFR 3560.566(d) so that applicants and
grantees will have a better understanding of their obligations and
requirements as Federal award recipients.
IV. Summary of Rule Changes
No comments were received from the public on the proposed rule that
published in the Federal Register on September 12, 2023 (88 FR 62475).
The following are the changes being made to 7 CFR part 3560:
(1) In 7 CFR 3560.566(c), the term of grant agreement will remain
in effect for as long as there is a need for the housing, as determined
by the Agency.
(2) In 7 CFR 3560.566, a new paragraph will be added to define the
grant period of performance as five (5) years, which starts on the date
the grant agreement is executed by both the Agency and the grantee and
ends five (5) years from the date the grant agreement was executed by
both the Agency and the grantee.
V. Regulatory Information
Statutory Authority
The Off-FLH Loan and Grant program is authorized by title V of the
Housing Act of 1949 (Pub. L. 81-171), as amended; 42 U.S.C. 1484; 42
U.S.C. 1486(h); and 42 U.S.C. 1480; and implemented under 7 CFR part
3560, subpart L.
Executive Order 12372, Intergovernmental Review of Federal Programs
This program is subject to the provisions of Executive Order 12372,
[[Page 85036]]
which requires intergovernmental consultation with State and local
officials. RHS conducts intergovernmental consultations for each loan
in accordance with 2 CFR part 415, subpart C.
Executive Order 12866, Regulatory Planning and Review
This final rule has been determined to be non-significant and,
therefore, was not reviewed by the Office of Management and Budget
(OMB) under Executive Order 12866.
Executive Order 12988, Civil Justice Reform
This final rule has been reviewed under Executive Order 12988. In
accordance with this rule: (1) Unless otherwise specifically provided,
all State and local laws that conflict with this rule will be
preempted; (2) no retroactive effect will be given to this rule except
as specifically prescribed in the rule; and (3) administrative
proceedings of the National Appeals Division of the Department of
Agriculture (7 CFR part 11) must be exhausted before suing in court
that challenges action taken under this rule.
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. This Final
rule does not impose substantial direct compliance costs on State and
local Governments; therefore, consultation with States is not required.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
This final rule has been reviewed in accordance with the
requirements of Executive Order 13175, Consultation and Coordination
with Indian Tribal Governments. Executive Order 13175 requires Federal
agencies to consult and coordinate with tribes on a government-to-
government basis on policies that have Tribal implications, including
regulations, legislative comments or proposed legislation, and other
policy statements or actions that have substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Consultation is also required for any regulation that preempts Tribal
law or that imposes substantial direct compliance costs on Indian
Tribal governments and that is not required by statute.
The Agency has determined that this final rule does not, to our
knowledge, have Tribal implications that require formal Tribal
consultation under Executive Order 13175. If a Tribe requests
consultation, the RHS will work with the Office of Tribal Relations and
USDA Rural Development's Tribal Relations Team to ensure meaningful
consultation is provided where changes, additions and modifications
identified herein are not expressly mandated by Congress.
National Environmental Policy Act
In accordance with the National Environmental Policy Act of 1969,
Public Law 91-190, this final rule has been reviewed in accordance with
7 CFR part 1970 (``Environmental Policies and Procedures''). The Agency
has determined that (i) this action meets the criteria established in 7
CFR 1970.53(f); (ii) no extraordinary circumstances exist; and (iii)
the action is not ``connected'' to other actions with potentially
significant impacts, is not considered a ``cumulative action'' and is
not precluded by 40 CFR 1506.1. Therefore, the Agency has determined
that the action does not have a significant effect on the human
environment, and therefore neither an Environmental Assessment nor an
Environmental Impact Statement is required.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this final
rule as not a major rule, as defined by 5 U.S.C. 804(2).
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601-602) (RFA) generally
requires an agency to prepare a regulatory flexibility analysis of any
rule subject to notice and comment rulemaking requirements under the
Administrative Procedure Act (``APA'') or any other statute. The
Administrative Procedures Act exempts from notice and comment
requirements rules ``relating to agency management or personnel or to
public property, loans, grants, benefits, or contracts'' (5 U.S.C.
553(a)(2)), so therefore an analysis has not been prepared for this
rule.
Unfunded Mandates Reform Act (UMRA)
Title II of the UMRA, Public Law 104-4, establishes requirements
for Federal Agencies to assess the effects of their regulatory actions
on State, local, and Tribal Governments and on the private sector.
Under section 202 of the UMRA, Federal Agencies generally must prepare
a written statement, including cost-benefit analysis, for proposed and
rules with ``Federal mandates'' that may result in expenditures to
State, local, or Tribal Governments, in the aggregate, or to the
private sector, of $100 million or more in any one year. When such a
statement is needed for a rule, section 205 of the UMRA generally
requires a Federal Agency to identify and consider a reasonable number
of regulatory alternatives and adopt the least costly, most cost-
effective, or least burdensome alternative that achieves the objectives
of the rule.
This final rule contains no Federal mandates (under the regulatory
provisions of title II of the UMRA) for State, local, and Tribal
Governments or for the private sector. Therefore, this final rule is
not subject to the requirements of sections 202 and 205 of the UMRA.
Paperwork Reduction Act
This final rule contains no new reporting or recordkeeping burdens
under OMB control number 0572-0189 that would require approval under
the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35).
E-Government Act Compliance
RHS is committed to complying with 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 and to promote the use of the internet
and other information technologies to provide increased opportunities
for citizen access to Government information, services, and other
purposes.
Civil Rights Impact Analysis
Rural Development has reviewed this final rule in accordance with
USDA Regulation 4300-4, Civil Rights Impact Analysis,'' to identify any
major civil rights impacts the rule might have on program participants
on the basis of age, race, color, national origin, sex, or disability,
marital or familial status. Based on the review and analysis of the
rule, and all available data, issuance of this final rule is not likely
to negatively impact low- and moderate-income populations, minority
populations, women, Indian tribes, or persons with disability by virtue
of their race, color, national origin, sex, age, disability, or marital
or familial status. No major civil
[[Page 85037]]
rights impact is likely to result from this final rule.
Assistance Listing
The programs affected by this regulation is listed in the
Assistance Listing Catalog (formerly Catalog of Federal Domestic
Assistance) under number 10.405--Farm Labor Housing Loans and Grants.
The Assistance Listings are available at <a href="https://sam.gov/">https://sam.gov/</a>.
Non-Discrimination Statement Policy
In accordance with Federal civil rights laws and USDA civil rights
regulations and policies, the USDA, its Mission Areas, agencies, staff
offices, employees, and institutions participating in or administering
USDA programs are prohibited from discriminating based on race, color,
national origin, religion, sex, gender identity (including gender
expression), sexual orientation, disability, age, marital status,
family/parental status, income derived from a public assistance
program, political beliefs, or reprisal or retaliation for prior civil
rights activity, in any program or activity conducted or funded by USDA
(not all bases apply to all programs). Remedies and complaint filing
deadlines vary by program or incident.
Program information may be made available in languages other than
English. Persons with disabilities who require alternative means of
communication to obtain program information (e.g., Braille, large
print, audiotape, American Sign Language) should contact the
responsible Mission Area, agency, staff office, or the 711 Federal
Relay Service.
To file a program discrimination complaint, a complainant should
complete a Form AD-3027, USDA Program Discrimination Complaint Form,
which can be obtained online at <a href="https://www.usda.gov/sites/default/files/documents/ad-3027.pdf">https://www.usda.gov/sites/default/files/documents/ad-3027.pdf</a>, from any USDA office, by calling (866)
632-9992, or by writing a letter addressed to USDA. The letter must
contain the complainant's name, address, telephone number, and a
written description of the alleged discriminatory action in sufficient
detail to inform the Assistant Secretary for Civil Rights about the
nature and date of an alleged civil rights violation.
The completed AD-3027 form or letter must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
20250-9410; or
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: <a href="/cdn-cgi/l/email-protection#2252504d4550434f0c4b4c5643494762575146430c454d54"><span class="__cf_email__" data-cfemail="7f0f0d10180d1e125116110b1e141a3f0a0c1b1e51181009">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Severability
It is USDA's intention that the provisions of this final rule shall
operate independently of each other. In the event that this final rule
or any portion of this final rule is ultimately declared invalid or
stayed as to a particular provision, it is USDA's intent that the final
rule nonetheless be severable and remain valid with respect to those
provisions not affected by a declaration of invalidity or stayed. USDA
concludes it would separately adopt all of the provisions contained in
this final rule.
List of Subjects in 7 CFR Part 3560
Accounting, Administrative practice and procedure, Aged, Conflict
of interest, Government property management, Grant programs--housing
and community development, Insurance, Loan programs--agriculture, Loan
programs--housing and community development, Low and moderate-income
housing, Migrant labor, Mortgages, Nonprofit organizations, Public-
housing, Rent-subsidies, Reporting and recordkeeping requirements,
Rural areas.
For the reasons set forth in the preamble, the Rural Housing
Service is amending 7 CFR part 3560 as follows:
PART 3560--DIRECT MULTI-FAMILY HOUSING LOANS AND GRANTS
0
1. The authority citation for part 3560 continues to read as follows:
Authority: 42 U.S.C. 1480.
Subpart L--Off-Farm Labor Housing
0
2. Amend Sec. 3560.566 by revising paragraph (c) and adding paragraph
(d) to read as follows:
Sec. 3560.566 Loan and grant rates and terms.
* * * * *
(c) Term of grant agreement. The grant agreement will remain in
effect for as long as there is a need for the housing, as determined by
the Agency.
(d) Grant period of performance. The grant period of performance is
five (5) years, which starts on the date the grant agreement is
executed by both the Agency and the grantee and ends five (5) years
from the date the grant agreement was executed by both the Agency and
the grantee.
Yvonne Hsu,
Acting Administrator, Rural Housing Service.
[FR Doc. 2024-24742 Filed 10-24-24; 8:45 am]
BILLING CODE 3410-XV-P
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