35245 Rules and Regulations Federal Register Vol. 77, No. 114 Wednesday, June 13, 2012 This section of the FEDERAL REGISTER addition, all State and local laws and Guarantees; 10.851, Rural Telephone contains regulatory documents having general regulations that are in conflict with this Loans and Loan Guarantees, 10.855, applicability and legal effect, most of which rule will be preempted. No retroactive Distance Learning and Telemedicine are keyed to and codified in the Code of effect will be given to the rule and, in Loans and Grants; 10.857, State Bulk Federal Regulations, which is published under accordance with section 212(e) of the Fuel Revolving Fund Grants, 10.859, 50 titles pursuant to 44 U.S.C. 1510. Department of Agriculture Assistance to High Energy Cost Rural The Code of Federal Regulations is sold by Reorganization Act of 1994 (7 U.S.C. Communities; 10.861, Public Television the Superintendent of Documents. Prices of 6912(e)), administrative appeal Station Digital Transition Grant new books are listed in the first FEDERAL procedures must be exhausted before an Program; 10.862, Household Water Well REGISTER issue of each week. action against the Department or its System Grant Program 10.863, agencies may be initiated. Community Connect Grant Program; 10.864, Grant Program to Establish a Regulatory Flexibility Act Certification DEPARTMENT OF AGRICULTURE Fund for Financing Water and RUS has determined that this rule Wastewater Projects; 10.886, Rural Rural Utilities Service will not have a significant economic Broadband Access Loans and Loan impact on a substantial number of small Guarantees. 7 CFR Part 1700 entities, as defined in the Regulatory The Catalog is available on the RIN 0572–AC23 Flexibility Act (5 U.S.C. 601 et seq.). Internet at http://www.cfda.gov. RUS provides loans to borrowers at Executive Order 12372 Substantially Underserved Trust Areas interest rates and on terms that are more (SUTA) favorable than those generally available Most programs covered by this from the private sector. RUS borrowers, rulemaking are excluded from the scope AGENCY: Rural Utilities Service, USDA. as a result of obtaining federal of Executive Order 12372, ACTION: Final rule. financing, receive economic benefits Intergovernmental Consultation, which that exceed any direct economic costs may require consultation with State and SUMMARY: The Rural Utilities Service (RUS) is issuing regulations related to associated with complying with RUS local officials. See the final rule related loans and grants to finance the regulations and requirements. notice entitled ‘‘Department Programs and Activities Excluded from Executive construction, acquisition, or Information Collection and Order 12372,’’ (50 FR 47034). However, improvement of infrastructure projects Recordkeeping Requirements in Substantially Underserved Trust the Water and Waste Disposal Loan The information collection and Program, CFDA number 10.770, is Areas (SUTA). The intent is to recordkeeping requirements contained implement Section 306F of the Rural subject to the provisions of Executive in this rule are pending approval by Order 12372 which requires Electrification Act by providing the OMB and will be assigned OMB control process by which eligible applicants intergovernmental consultation with number 0572–0147 in accordance with State and local officials. may apply for funding by the agency. the Paperwork Reduction Act of 1995 DATES: Effective: July 13, 2012. (44 U.S.C. chapter 35). Unfunded Mandates FOR FURTHER INFORMATION CONTACT: This rule contains no Federal E-Government Act Compliance Michele Brooks, Director, Program mandates (under the regulatory Development and Regulatory Analysis, Rural Development is committed to provision of Title II of the Unfunded Rural Utilities Service, Rural the E-Government Act, which requires Mandate Reform Act of 1995) for State, Development, U.S. Department of Government agencies in general to local, and tribal governments or the Agriculture, 1400 Independence Avenue provide the public the option of private sector. Thus, this rule is not SW., STOP 1522, Room 5162–S, submitting information or transacting subject to the requirements of sections Washington, DC 20250–1522. business electronically to the maximum 202 and 205 of the Unfunded Mandate Telephone number: (202) 690–1078, extent possible. Reform Act of 1995. Facsimile: (202) 720–8435. Catalog of Federal Domestic Assistance National Environmental Policy Act SUPPLEMENTARY INFORMATION: The programs described by this rule Certification Executive Order 12866 are listed in the Catalog of Federal Rural Development has determined This rule has been determined to be Domestic Assistance Programs under that this rule will not significantly affect not significant for purposes of Executive number 10.759, Special Evaluation the quality of the human environment Order 12866 and, therefore, has not Assistance for Rural Communities and as defined by the National been reviewed by the Office of Households Program (SEARCH); 10.760, Environmental Policy Act of 1969 (42 Management and Budget. Water and Waste Disposal Systems for U.S.C. 4321 et seq.). Therefore, this Rural Communities; 10.761, Technical action does not require an Executive Order 12988 Assistance and Training Grants; 10.762, environmental impact statement or This rule has been reviewed under Solid Waste Management Grants; assessment. Executive Order 12988, Civil Justice 10.763, Emergency Community Water Reform. Rural Development has Assistance Grants; 10.770, Water and Executive Order 13132, Federalism determined that this rule meets the Waste Disposal Loans and Grants The policies contained in this rule do applicable standards provided in (Section 306C); 10.850; Rural not have any substantial direct effect on section 3 of that Executive Order. In Electrification Loans and Loan states, on the relationship between the VerDate Mar<15>2010 12:20 Jun 12, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\13JNR1.SGM 13JNR1 erowe on DSK2VPTVN1PROD with RULES 35246 Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations national government and the states, or conditions that can enhance Disposal Loans, Guaranteed Loans and on the distribution of power and infrastructure financing options in areas Grants; Telecommunications responsibilities among the various that are underserved by electric, water Infrastructure Loans and Guaranteed levels of government. Nor does this rule and waste, and telecommunications and Loans; Distance Learning and impose substantial direct compliance broadband utilities. Given the Telemedicine Loans and Grants; and costs on state and local governments. challenges, dynamics, and opportunities Broadband Loans and Guaranteed Therefore, consultation with the states in implementing the SUTA initiative, Loans. is not required. RUS has aimed to foster a process that In addition to its discretionary includes the voices of tribal leaders, authority to implement the SUTA Executive Order 13175 tribal community members, Alaska provisions, RUS is under a continuing The policies contained in this rule do Native Regional and Village obligation to make annual reports to not impose substantial unreimbursed Corporations, Guam, American Samoa Congress on (a) the progress of the direct compliance costs on Indian tribal, and the Commonwealth of the Northern SUTA initiative, and (b) Alaska native, or native Hawaiian Mariana Islands, and other stakeholders. recommendations for any regulatory or governments and sovereign institutions Preliminary research by RUS legislative changes that would be or have tribal implications that preempt identified various reports that provided appropriate to improve services to tribal law. Prior to development of this several insights. In 2007, the United communities located in substantially rulemaking, the agency held Tribal States Census Bureau Facts for Features underserved trust areas. RUS has Consultations at seven (7) USDA article (dated 10/29/07) reported that submitted three reports to Congress, regional consultations, conducted the poverty rate of people who reported dated June 18, 2009, June 21, 2010, and sixteen (16) SUTA specific being sole race American Indian and August 23, 2011. consultations and hosted three (3) Alaska Native (AI/AN) was 27 percent. The USDA Office of Native American Internet and toll free teleconference Additionally, in 2006, the United States Programs (since renamed the Office of based webinars in order to determine Government Accountability Office Tribal Relations, hereinafter OTR) and the impact of this rule on Tribal reported that based on the 2000 RUS began exploring SUTA initiative governments, communities, and decennial census, the telephone implementation in 2008 after passage of individuals. Reports from these sessions subscribership rate for Native American the Farm Bill. RUS in conjunction with for consultation will be made part of the households on tribal lands was OTR interpreted implementation to USDA annual reporting on Tribal substantially below the national level of include formal USDA Tribal Consultation and Collaboration, the about 98 percent. Specifically, about 69 Consultations and working with annual SUTA Report to Congress and percent of Native American households stakeholders that are federally were used extensively throughout the on tribal lands in the lower 48 states recognized tribes. Pursuant to this drafting of this proposed rule. and about 87 percent in Alaska Native determination and in accordance