Rule2025-22567
OneRD Guaranteed Loan Regulation
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
December 11, 2025
Effective
December 11, 2025
Issuing agencies
Agriculture DepartmentRural Utilities ServiceRural Housing ServiceRural Business-Cooperative Service
Abstract
On September 30, 2024, Rural Development's Rural Business- Cooperative Service, Rural Housing Service, and Rural Utilities Service, agencies of the United States Department of Agriculture (USDA), published a final rule with comment for the OneRD Guarantee Loan Program (OneRD). The final rule made necessary revisions to the policy and procedures that strengthened the oversight and management of the growing Community Facilities, Water and Waste Disposal, Business and Industry, and Rural Energy for America guarantee portfolios. Following implementation of this final rule, the Agency found that corrections were necessary due to an incorrect definition of affiliate, and a section and sentence that were removed erroneously. This document corrects the final regulation.
Full Text
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<title>Federal Register, Volume 90 Issue 236 (Thursday, December 11, 2025)</title>
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[Federal Register Volume 90, Number 236 (Thursday, December 11, 2025)]
[Rules and Regulations]
[Pages 57351-57352]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22567]
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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. 90, No. 236 / Thursday, December 11, 2025 /
Rules and Regulations
[[Page 57351]]
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
Rural Housing Service
Rural Business-Cooperative Service
7 CFR Part 5001
[Docket No. RUS-19-Agency-0030]
RIN 0572-AC63
OneRD Guaranteed Loan Regulation
AGENCY: Rural Business-Cooperative Service, Rural Housing Service,
Rural Utilities Service, USDA.
ACTION: Final rule; technical amendments.
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SUMMARY: On September 30, 2024, Rural Development's Rural Business-
Cooperative Service, Rural Housing Service, and Rural Utilities
Service, agencies of the United States Department of Agriculture
(USDA), published a final rule with comment for the OneRD Guarantee
Loan Program (OneRD). The final rule made necessary revisions to the
policy and procedures that strengthened the oversight and management of
the growing Community Facilities, Water and Waste Disposal, Business
and Industry, and Rural Energy for America guarantee portfolios.
Following implementation of this final rule, the Agency found that
corrections were necessary due to an incorrect definition of affiliate,
and a section and sentence that were removed erroneously. This document
corrects the final regulation.
DATES: This rule is effective December 11, 2025.
ADDRESSES: Address all comments concerning this correction to Crystal
Pemberton, Regulations Management Division, Rural Development
Innovation Center, U.S. Department of Agriculture, 1400 Independence
Ave. SW, Stop 1522, Washington, DC 20250; telephone (202) 260-8621;
email <a href="/cdn-cgi/l/email-protection#2360515a5057424f0d73464e414651574c4d63565047420d444c55"><span class="__cf_email__" data-cfemail="5310212a2027323f7d03363e313621273c3d13262037327d343c25">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Crystal Pemberton, Regulations
Management Division, Rural Development Innovation Center, U.S.
Department of Agriculture, 1400 Independence Ave. SW, Stop 1522,
Washington, DC 20250; telephone (202) 260-8621; email
<a href="/cdn-cgi/l/email-protection#014273787275606d2f51646c636473756e6f41747265602f666e77"><span class="__cf_email__" data-cfemail="2467565d575045480a744149464156504b4a64515740450a434b52">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Rural Development's Rural Business-
Cooperative Service, Rural Housing Service, and Rural Utilities Service
are issuing corrections to the final rule that published September 30,
2024, at 89 FR 79698.
The definition of ``affiliate'' has been modified to clarify that
it means a person or entity that is closely attached or connected to
another organization. For the purposes of program eligibility, the
principles outlined in this regulation, and any successor regulation,
are used to establish affiliation. Additionally, the Agency is adding
the definition for ``commercially available'' as it was erroneously
removed from the regulation previously.
List of Subjects in 7 CFR Part 5001
Business and industry, Community facility, Energy efficiency
improvement, Loan programs, Renewable energy, Rural areas, Rural
development, Water and waste disposal.
For the reasons discussed in the preamble, Rural Business-
Cooperative Service, Rural Housing Service, and Rural Utilities Service
amends 7 CFR part 5001 with the following technical amendments:
PART 5001--GUARANTEED LOANS
0
1. The authority citation for part 5001 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1926(a); 7 U.S.C. 1932(a); and
7 U.S.C. 8107.
0
2. Amend Sec. 5001.3 by revising the definition for ``affiliate'' and
adding in alphabetical order the definition for ``Commercially
available'' to read as follows:
Sec. 5001.3 Definitions.
* * * * *
Affiliate means a person or entity that is closely attached or
connected to another person or entity. For the purposes of program
eligibility, the principles outlined in 13 CFR 121.301(f), and any
successor regulation, are used to establish affiliation.
* * * * *
Commercially available means a system that meets the requirements
of either paragraph (1) or (2) of this definition.
(1) A domestic or foreign system that:
(i) Has both a proven and reliable operating history and proven
performance data for at least one year specific to the use and
operation to the proposed application;
(ii) Is based on established design and installation procedures and
practices and is replicable;
(iii) Has professional service providers, trades, large
construction equipment providers, and labor who are familiar with
installation procedures and practices;
(iv) Has proprietary and balance of system equipment and spare
parts that are readily available;
(v) Has service that is readily available to properly maintain and
operate the system; and
(vi) Has an existing established warranty that is valid in the
United States for major parts and labor; or
(2) A domestic or foreign system that has been certified by a
recognized industry organization whose certification standards are
acceptable to the Agency.
* * * * *
0
3. Amend Sec. 5001.105 by revising paragraph (b)(7) to read as
follows:
Sec. 5001.105 Eligible B&I projects and requirements.
* * * * *
(b) * * *
(7) Agricultural production, when not eligible for Farm Service
Agency (FSA) farm loan programs assistance and when it is part of an
integrated business also involved in the processing of agricultural
products. Any agricultural production considered for guaranteed loan
financing must be owned, operated, and maintained by the business
receiving the guaranteed loan. Examples of potentially eligible
agricultural production include but are not limited to an apple orchard
in conjunction with a food processing plant; poultry buildings linked
to a meat processing operation; or sugar beet production coupled with
storage and processing.
[[Page 57352]]
(i) The agricultural production portion of any loan must not exceed
50 percent of the total loan or $5 million, whichever is less.
(ii) The limitations in paragraph (b)(7)(i) do not apply to the
following types of businesses:
(A) Commercial nurseries engaged in the production of ornamental
plants, trees, and other nursery products, such as bulbs, flowers,
shrubbery, flower and vegetable seeds, sod, and the growing of plants
from seed to the transplant stage;
(B) Forestry, which includes businesses primarily engaged in the
operation of timber tracts, tree farms, forest nurseries, harvesting of
forest products, and related activities, such as reforestation;
(C) The growing or harvesting of mushrooms;
(D) The growing of hydroponics;
(E) The boarding and/or training of animals;
(F) Commercial fishing; and
(G) Production of algae and aquaculture, including conservation,
development, and utilization of water for aquaculture.
* * * * *
0
4. Amend Sec. 5001.106 by revising the introductory paragraph to read
as follows:
Sec. 5001.106 Eligible REAP--Renewable Energy System (RES) projects
and requirements.
For a REAP RES project to be eligible for a loan guarantee under
this part, it must meet the criteria specified in Sec. 5001.102(a)
through (c) and in paragraphs (a) through (e) of this section and be
for a borrower eligible to submit an application for the project in
accordance with Sec. 5001.126. If taxable bonds are utilized as debt
instruments the provisions of Sec. 5001.105(b)(19) must be met.
* * * * *
Joe Gilson,
Chief of Staff, Rural Development.
[FR Doc. 2025-22567 Filed 12-10-25; 8:45 am]
BILLING CODE 3410-15-P
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