§ 1700.27 Loan security activities.

In carrying out its program, and in the interest of loan security, the Agency requires periodic reports of borrowers on operations, annual audits, etc., and provides specialized and technical accounting, engineering, and other managerial assistance to borrowers with respect to the construction and operation of their facilities, to help them establish efficient and economical service in rural areas.

$1700.28 Issuances implementing procedure.

There are available from RUS, upon request:

(a) Basic forms of loan agreements; and

(b) Rules and bulletins issued from time to time which implement the loan agreements and the Agency's policies and procedures.

$1700.29 [Reserved]

Subpart C-Public Information

§ 1700.30 Availability of Agency publications and other information, and collection of public comments to proposed rules.

(a) 5 U.S.C. 552(a)(2) requires that certain materials be made available for public inspection and copying.

(b) The Rural Utilities Service (RUS) issues from time to time notices and regulations in the FEDERAL REGISTER as well as bulletins, informational publications, and staff instructions in order to:

(1) Implement the provisions of the RE Act and the loan and security instruments;

(2) Establish Agency procedures; and (3) Assist electric and telephone borrowers in the design, operation, and maintenance of their systems.

(c) Information about availability and costs of Agency publications and other Agency materials is available from Publications and Directives Management Branch, Administrative Services Division, Rural Utilities Service, Room 0180, South Building, U.S. Department of Agriculture, Washington, DC 20250-1500.

(d) RUS will provide for the distribution of indexes of publications in con

formance with the Freedom of Information Act, 5 U.S.C. 552(a)(2). Single copies of individual bulletins, informational publications, staff instructions, and forms, including forms of basic loan and security instruments, are available to borrowers and other members of the public either directly from RUS, from the Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402, or from another source to be established by RUS. Costs for these publications are established in conformance with 7 CFR part 1. Initial copies of Bulletins directed to RUS borrowers are provided at no cost to those borrowers.

(e) RUS requires that all persons submitting comments to a proposed rule published by the Agency submit a signed original and three copies of their comments to the address shown in the preamble to the proposed rule. Copies of comments submitted are available to the public in conformance with 7 CFR part 1.

[56 FR 25349, June 4, 1991]

§ 1700.31 Indexes.

5 U.S.C. 552(a)(2) requires that each agency publish or otherwise make available a current index of all materials required to be made available for public inspection and copying. RUS will maintain and publish current indexes and quarterly supplements thereto, providing identifying information for all RUS Bulletins and for staff manuals and instructions made available pursuant to §1700.30. Requests for copies should be addressed, in person or by mail, to the Office of the Director, Administrative Services Division, Room 0168-South Building, U.S. Department of Agriculture, Washington, DC 20250-1500.

§ 1700.32 Requests for records.

Requests for records under 5 U.S.C. 552(a)(3) shall be made in accordance with 7 CFR 1.6(a) and addressed to Office of the Director, Legislative and Public Affairs Staff, Rural Utilities Service, room 4043, South Building, U.S. Department of Agriculture, Washington, DC 20250-1500. A request shall describe the records sought as set forth in 7 CFR 1.6(b). A charge may be made

to cover the costs of fulfilling the request. Requests may be submitted in person or by mail.

[55 FR 53487, Dec. 31, 1990]

$1700.33 Appeals.

Any person whose request under $1700.32 is denied shall have the right to appeal such denial. This appeal shall be submitted in accordance with 7 CFR 1.3(e) and addressed to the Administrator, Rural Utilities Service, Room 4051, South Building, U.S. Department of Agriculture, Washington, DC 202501500.

Subpart D-Delegations of Authority; General

SOURCE: 59 FR 21624, Apr. 26, 1994, unless otherwise noted.

$1700.40 Exercise of delegated authority.

(a) Unless specifically reserved, or otherwise delegated, the delegations of authority contained in subparts D through L of this part include the authority to take any action or execute any document deemed necessary and proper to the discharge of such responsibilities. In the exercise of authority delegated in subparts D through L of this part, all applicable RUS policies, regulations, and procedures should be followed. All delegations previously made are superseded.

(b) No delegation of authority by the Administrator or other person shall preclude the Administrator or other person from exercising any of the authority so delegated.

$1700.41 Persons serving in acting capacities.

Incumbents delegated authority in subparts D through L of this part are authorized to designate a person to act for them as necessary, except that a Regional Director or the Director, Power Supply Division may not redelegate authority to approve loans, loan guarantees or lien accommodations, and related actions as set forth in 1700.124(a), 1700.127(a) and 1700.145(a). If an incumbent of a position to whom delegations are made in subparts D through L of this part is absent or is

unable to carry out such delegations, the person designated authority to act for the incumbent shall exercise the authority conferred by such delegations. Such designations shall be in accordance with any instruction issued by the incumbent's supervisor.

[59 FR 21624, Apr. 26, 1994, as amended at 59 FR 46723, Sept. 12, 1994]

$1700.42 Persons serving as acting Administrator.

The following persons are authorized, in descending order, to act for the Administrator only in his or her absence, sickness, resignation, or death: Deputy Administrator, Assistant Administrator-Electric, Assistant Administrator-Telephone, Assistant Administrator-Economic Development and Technical Services. That is, if the first person on the list is also absent, sick, has resigned, or is dead, the second person on the list is authorized to act for the Administrator and so on down the list. Persons on this list may not redelegate the authority to act for the Administrator. The Administrator may in his/her discretion in writing, on a case-by-case basis, delegate authority to act as Administrator in his/her absence outside of this specified order.

$1700.43 Persons serving as acting Assistant Administrator.

(a) Electric and telephone programs. The Deputy Assistant Administrator in each program is authorized to act for the respective Assistant Administrator in the absence, sickness, resignation or death of that Assistant Administrator. The Deputy Assistant Administrators may not redelegate this authority.

(b) Assistant Administrator-Economic Development and Technical Services. (1) The Directors of the Rural Development Assistance Staff, Borrower Accounting Division and the Program Support Staff are authorized to act for the Assistant Administrator-Economic Development and Technical Services in his or her absence according to the following schedule:

(2) If a particular Director is absent, sick, has resigned or is dead during a scheduled month, the delegation will revolve back to the preceding month. These Directors may not redelegate this authority.

§ 1700.44 Contracts approved on behalf of the Administrator.

(a) Nonstandard contracts. Prior to the approval or the execution of the following documents, the Office of the General Counsel (OGC) shall comment as to any legal matters concerning such nonstandard contracts:

(1) Contracts for engineering services, architectural services, construction, and power supply that include a substantive deviation from the standard form contract approved by OGC; and

(2) Other documents involving legal matters of concern to the approving official.

(b) Signature. All contract approvals shall be signed:

(Name and Title)

For the Administrator

§§ 1700.45-1700.59 [Reserved]

Subpart E-Delegations of Authority; Agency Issuances and Certain Correspondence

SOURCE: 59 FR 21625, Apr. 26, 1994, unless otherwise noted.

§ 1700.60 Agency issuances.

Except as may be specifically delegated from time to time to the Deputy Administrator, or others, all authority is reserved by the Administrator to approve and issue regulations and other information published in the FEDERAL REGISTER, bulletins, informational publications, staff instructions concerning Agency administrative matters and those affecting more than one program, and unnumbered memoranda (mailings to borrowers in more than one program and all RUS staff). Signature authority is also reserved by the Administrator for written responses to

Members of Congress, Governors, State Legislators, Federal Agency heads or Cabinet officials, as well as other controlled correspondence for Agency response. Additionally, signature authority is reserved by the Administrator for Agency mass mailings which include but are not limited to mailings to accountants, engineers, and consultants.

§ 1700.61 Agency publications control officer.

The Deputy Administrator is designated the Agency Publications Control Officer.

§§ 1700.62-1700.69 [Reserved]

Subpart F-Delegations; Authorlties Reserved by the Administrator

SOURCE: 59 FR 21624, Apr. 26, 1994, unless otherwise noted.

§ 1700.70 General.

Authority for all matters not specifically delegated in subparts D through L of this part, or by other written delegation, is reserved to the Administrator, including, without limitation, the following authorities reserved in this subpart.

§ 1700.71 Rural economic development loan and grant and distance learning and medical link grant programs.

Approval of the following:

(a) Applications for loans or grants when all conditions for such approval have been met.

(b) All zero-interest loans and grants. (c) Any modifications in the method of carrying out loan purposes, or in the amount of applications selected and loans or grants approved.

(d) Extension of principal and interest repayments for rural development purposes.

§ 1700.72 Electric program.

(a) Approval of the following loans, loan guarantees, lien accommodations or subordinations:

(1) All discretionary hardship loans.

(2) All insured loans, loan guarantees, and lien accommodations or subordinations to finance operating costs.

(3) All loans, loan guarantees, and lien accommodations or subordinations of more than $15,000,000 for distribution and power supply borrowers.

(4) All loans, loan guarantees, and lien accommodations or subordinations for distribution borrowers that are members of a power supply borrower that is in default of its obligations to the Government or that is currently assigned to the Financial Services Staff, unless otherwise determined by the Administrator.

(5) All insured loans, loan guarantees, and lien accommodations or subordinations that require an Environmental Impact Statement.

(6) All certifications and findings required by the RE Act or other applicable laws and regulations, the placing and releasing of conditions precedent to the advance of funds, and all mortgages, loan contracts or other necessary documents relating to the authorities reserved in paragraph (a) of this section.

(b) And execution of all loan contracts, mortgages or other documents in connection with loans, loan guarantees and lien accommodations approved by the Administrator.

(c) Approval of the following for unpaid and outstanding loans and loan guarantees:

(1) Rescission of loans or termination of loan guarantee commitments when the amount of the rescission or termination is more than $15,000,000.

(2) Requests to extend the time period for advancing loan funds if:

(1) The borrower is delinquent in payments on loans made or guaranteed by RUS or in litigation that may affect loan security; or

(11) The request does not fully comply with the requirements specified in applicable RUS regulations.

(3) Extension of time of prepayment principal and interest pursuant to Section 12 of the RE Act, for borrowers in default or currently assigned to the Financial Services Staff.

(4) Agreements, plans, arrangements, recommendations to settle debt, or other actions affecting a borrower's financial or other obligations to the

Government through the Administrator of RUS for loans, loan guarantees, or other financial obligations except as may be specifically delegated to the Financial Services Staff.

(5) Loan budget adjustments (transfers or reclassifications) when approval is for:

(1) Changes in generation facilities that are subject to a power survey or certification by RUS;

(ii) Any proposed change of more than $15,000,000;

(iii) Any proposed operating costs. (d) Approval of the following for borrower facilities, organization, operations, or corporate status:

(1) Agreements for the merger or consolidation of borrowers.

(2) Power surveys or certifications by RUS involving changes in generation facilities.

(3) Contracts for the acquisition of plant-in-place of more than $15,000,000 and related financial transactions.

(4) Approval, in amounts of $25,000,000 or more, of:

(1) The use of general funds; or

(ii) Sales or transfers of property and related releases of lien.

(5) Equity development plans and amendments to equity development plans submitted by borrowers:

(1) As part of an application for any loan and loan guarantee that requires approval of the Administrator;

(ii) By any borrower whose equity as a percentage of total assets, is less than 10 percent at the time the plan is submitted, or whose equity is predicted to drop below 10 percent during the 10year period of the plan.

(6) Assumptions of debt. $1700.73 Telephone program.

(a) Approval of the following loans, loan guarantees, lien accommodations or subordinations:

(1) All loans, loan guarantees, and lien accommodations or subordinations to finance operating costs.

(2) All loans, loan guarantees, or lien accommodations or subordinations for more than $15,000,000.

(3) Loans and loan guarantees with acquisition costs for more than $5,000,000.

(4) Loans and loan guarantees containing funds to refinance outstanding debt amounts for more than $5,000,000.

(b) All loan contracts, mortgages and other documents to be executed in connection with loans and loan guarantees approved by the Administrator.

(c) Approval of the following for unpaid and outstanding loans and loan guarantees:

(1) Extension of time for payment of principal and interest pursuant to Section 12 of the RE Act, for borrowers in default.

(2) Agreements, plans, arrangements, recommendations to settle debt, or other actions affecting a borrower's flnancial or other obligations to the Government acting through the Administrator of RUS for loans, loan guarantees or other financial obligations.

(3) Sales and transfers of property for more than $5,000,000 and related releases of lien.

[59 FR 21624, Apr. 26, 1994, as amended at 59 FR 46724, Sept. 12, 1994]

Both the electric and telephone programs shall have Assistant Administrator's Loan Committees (AALC), consisting of the Regional Directors or Acting Regional Directors of the respective programs as well as additional members appointed by the appropriate Assistant Administrator. The AALC shall be chaired by either the appropriate Assistant Administrator or Deputy Assistant Administrator. The AALC shall meet as required to review, analyze, and concur in recommendations for actions to be taken for all loan application requests, loan guarantee applications, and lien accommodations or subordinations. The ommending official may not vote.

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