7 CFR Part 1901 — Program-Related Instructions

PART 1901—PROGRAM-RELATED INSTRUCTIONS Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 40 U.S.C. 442; 42 U.S.C. 1480, 2942. Subparts A-D [Reserved] Subpart E—Civil Rights Compliance Requirements Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 40 U.S.C. 442; 42 U.S.C. 1480, 2942. § 1901.201 Purpose. This subpart contains policies and procedures for implementing the regulations of the Department of Agriculture issued pursuant to Title VI of the Civil Rights Act of 1964, title VIII of the Civil Rights Act of 1968, Executive Order 11246 and the Equal Credit Opportunity Act of 1974, as they relate to the Farmers Home Administration (FmHA) or its successor agency under Public Law 103-354. Nothing herein shall be interpreted to prohibit preference to American Indians on Indian Reservations. [41 FR 40112, Sept. 17, 1976] § 1901.202 Nondiscrimination in FmHA or its successor agency under Public Law 103-354 programs. (a) Nondiscrimination by recipients of FmHA or its successor agency under Public Law 103-354 assistance. (2) Specifically, and without limiting the general applicability of this subpart, such recipient will not on the grounds of race, color, or national origin: (i) Deny any person the use, occupancy, or enjoyment of the whole or any part of real or personal property or service, financial aid, or other benefit under any program or facility. (ii) Provide any person with any service, use, occupancy, or other benefit different from that provided others by the program or facility. (iii) Subject any person to segregation or separate treatment in any matter related to his or her receipt of any service or other benefit. (iv) Restrict in any way any person's enjoyment of any right, privilege, or advantage enjoyed by others through the facility or activity. (v) Treat any person differently from others in determining whether he or she satisfies any requirements or conditions for any admission or membership in the recipient or in any other organization. (vi) Deny any person an opportunity or restrict opportunity to participate in a program or facility by: (A) Refusing or failing to provide notice or services provided others for the purpose of encouraging participation in the program or facility; or (B) Providing any person with such notice or services different from the notice or services provided others. (vii) Utilize criteria or methods of administration that have the effect of subjecting a person to discrimination with respect to any program or facility or defeating or substantially impairing the achievement of the objectives of a program or facility. (viii) Select sites or locate facilities with the purpose or effect of: (A) Excluding individuals from, denying them the benefits of, or subjecting them to discrimination under any programs to which the regulations in this subpart apply; or (B) Defeating or substantially impairing the achievement of the objectives of the regulations in this subpart. (ix) Continue any previous or existing discriminatory practices, but will take affirmative action to overcome the effects of such discrimination. (x) Deny any person the opportunity to participate as a member of a planning or advisory body which is an integral part of the program. (b) Nondiscrimination by FmHA or its successor agency under Public Law 103-354 employees. (2) No FmHA or its successor agency under Public Law 103-354 employee will: (i) Be limited in the discharge of his or her responsibilities to working with applicants solely on the basis of race, color, religion, sex, national origin, or marital status. (ii) Obstruct equal access to buildings, facilities, structures, or lands under the control of FmHA or its successor agency under Public Law 103-354. (iii) Deny under any program or activity of FmHA or its successor agency under Public Law 103-354 equal opportunity for employment; for participation in meetings, demonstrations, training activities or programs; for receiving awards; for receipt of information disseminated by publication, news, radio, and other media; for obtaining contracts, grants, loans or other financial assistance, or for selection to assist in the administration of programs or activities of FmHA or its successor agency under Public Law 103-354. (3) No FmHA or its successor agency under Public Law 103-354 employee will, while conducting official business, participate in or attend any segregated meetings or meetings held in a segregated facility from which persons are excluded because of race, color, religion, sex, national origin, or marital status. (c) Intimidating or retaliatory acts. (d) Nondiscrimination Agreement. (e) Covenants. (f) Posters. (g) Racial and ethnic data. (h) Discrimination complaints. (2) A complaint filed with the County Supervisor or the State Director will be referred promptly to the Administrator, Attention: Equal Opportunity Officer. Attached to the complaint should be a statement by the County Supervisor or State Director identifying the recipient and type of assistance provided by FmHA or its successor agency under Public Law 103-354, indicating whether a nondiscrimination agreement has been signed, and giving any other available pertinent information about the complaint. [41 FR 40112, Sept. 17, 1976] § 1901.203 Title VIII of the Civil Rights Act of 1968. FmHA or its successor agency under Public Law 103-354 employees, FmHA or its successor agency under Public Law 103-354 borrowers, contractors, packagers, and others who provide housing for sale or rent, are obligated under the provisions of title VIII of the Civil Rights Act of 1968 to provide fair housing to all persons regardless of race, color, religion, sex, or national origin. (a) Coverage. (1) All dwellings financed by loans made by the Federal Government and, therefore, to all RH borrowers. (2) Any person in the business of selling or renting dwellings defined as: (i) The owner of a dwelling intended for occupancy by five or more families. (ii) Any person who has participated as principal in the sale or rental of three or more dwellings in the past year. (iii) Any person who has served as sale or rental agent in two or more transactions in the past year. (b) Discrimination acts prohibited. (1) Refusing to sell or rent a particular dwelling because of a person's race, color, religion, or national origin. The following actions constitute violations of this provision: (i) Refusing to package an RH loan application. (ii) Refusing or failing to show a particular dwelling or home in a particular subdivision. (iii) Directing persons only to areas populated by those of similar race, color, religion, or national origin when housing is available in other areas. (iv) Representing unsold dwellings or sites as sold to prospective buyers. (2) Requiring applicants for services to meet different terms or conditions because of their race, color, religion, or national origin; for example, requiring larger rents or downpayments from minority applicants. (3) Including in any advertising either directly or through visual representation a preference for applicants of a particular race or ethnic origin. (i) Words indicative of the race or ethnic background of the dwelling or landlord such as “White private home,” or “all Black subdivision,” may not be used in advertising housing financed or to be financed by FmHA or its successor agency under Public Law 103-354. (ii) Selection of advertising media and the areas to be covered by any advertising must be made to reach potential applicants of all races or ethnic origins. (c) FmHA or its successor agency under Public Law 103-354 affirmative action. (2) Applicability. The affirmative fair housing marketing requirements shall apply as follows: (i) Participants in FmHA or its successor agency under Public Law 103-354 housing programs who request approval for subdivision development involving five or more sites, multi-family projects with five or more units including self-help technical assistance grantees assisting five or more families or five or more conditional commitments for single family dwelling units during a 12-month period must submit an affirmative marketing plan. (ii) An Affirmative Fair Housing Marketing Plan is required to be prepared and submitted to FmHA or its successor agency under Public Law 103-354 by the contractor when: (A) A real estate broker is offering five or more single-family dwellings located in the same subdivision for sale under an exclusive listing contract with FmHA or its successor agency under Public Law 103-354. (B) An auctioneer under contract with FmHA or its successor agency under Public Law 103-354 is offering five or more single-family dwellings located in the same subdivision for sale by public auction. (C) A contractor under a contract with FmHA or its successor agency under Public Law 103-354 is managing a multiple-family housing project of five or more units or five or more single-family dwellings located in the same subdivision. (3) Affirmative fair housing marketing plans will be submitted on form HUD 935.2(3-76) or the participant must be a signatory to a voluntary affirmative marketing agreement approved by the Department of Housing and Urban Development. The plan, if submitted on form HUD 935.2(3-76) shall describe an affirmative program which will meet the following requirements: (i) Reaching those prospective buyers or tenants, regardless of sex, of majority and minority groups in the marketing area who traditionally would not be expected to apply for such housing without special outreach efforts because of existing racial or socio-economic patterns. (ii) Undertaking and/or maintaining a non-discriminatory hiring policy in recruiting from both majority and minority groups including both sexes, for staff engaged in the sale or rental of properties. (iii) Training and instructing employees engaged in the sale or rental properties in the policy and application of nondiscrimination and fair housing. (iv) Displaying in all sales and rental offices the “Fair Housing” poster. (v) Posting in a conspicuous position on each property and FmHA or its successor agency under Public Law 103-354 construction site a sign displaying the equal opportunity logo or the following statement: We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, or national origin. (vi) Undertaking efforts to publicize the availability of housing opportunities to minority persons through the type of media customarily used by the applicant or participant, including minority publications and other minority outlets available in the housing market area. As part of these efforts all advertising must include either the equal housing opportunity logo or statement. When illustrations or persons are included they shall depict persons of both sexes and of majority and minority groups. (4) The affirmative fair housing marketing plans or evidence that the participant is covered by an approved voluntary affirmative marketing agreement must be submitted as follows: (i) For subdivisions with the preliminary submission of plans and specifications. (ii) For multi-family projects, including rural rental housing, labor housing, cooperative housing, technical assistance grants and site development loans with SF 424.1, “Application for Federal Assistance (For Non-construction)”, or SF 424.2, “Application for Federal Assistance (For Construction)”, or with the letter of application. Subsequent loans or grants extended to the participant will necessitate a new or updated plan. (iii) For conditional commitments for five or more individual dwelling units in a 12-month period with the application for the fifth conditional commitment. (iv) For real estate brokers listing housing properties on an exclusive basis, at any time more than 5 properties are listed for sale by FmHA or its successor agency under Public Law 103-354 in the same subdivision. (5) Affirmative fair housing marketing plans will cover the following time periods: (i) For subdivision, from time of application until all lots are sold. (ii) For multi-family projects from time of application until the loan is paid in full or for so long as the project is being used for the same or a similar purpose for which the funds were extended. (iii) For conditional commitments involving individual dwelling units, one year or until all units built through conditional commitments issued within the one year period have been sold. (iv) For real estate brokers who list acquired rural housing properties under an exclusive listing contract, one year or until all properties covered under the plan have been sold, whichever is later. (6) Affirmative fair housing marketing plans will be reviewed and approved by the official authorized to approve the assistance requested. The County Supervisor will review and submit with comments to the official authorized to approve the assistance requested, those fair housing marketing plans where the assistance requested exceeds his approval authority. Any participant covered by this section must have an approved affirmative fair housing marketing plan for any assistance approved 90 or more days after the issuance of these regulations. (7) Approved affirmative fair housing marketing plans will be made available by the participant for public inspection at the participant's place of business and at each sales or rental office. Participants who fulfill the requirements of this section by filing a Form HUD 9352(3-76) will maintain records to reflect their efforts in fulfilling the affirmative fair housing marketing plan. These records will be made available for review by FmHA or its successor agency under Public Law 103-354 personnel. Affirmative fair housing marketing plans will be reviewed by FmHA or its successor agency under Public Law 103-354 personnel in accordance with section 2006-M of this chapter. (8) Applicants failing to comply with these requirements will be liable to sanctions authorized by regulations, rules or policies governing the program in which they are participating including but not limited to denial of further participation in FmHA or its successor agency under Public Law 103-354 programs and referral to the Department of Justice for suit by the United States for injunctive or other appropriate relief. (d) Discrimination complaints. (2) Complaints of discrimination against packagers, contractors or others with whom FmHA or its successor agency under Public Law 103-354 deals should be filed with the Department of Housing and Urban Development. However, these complaints may be accepted by FmHA or its successor agency under Public Law 103-354 employees and routed through the State Director to the Administrator, Attention: Equal Opportunity Officer. (e) Relations to other regulations. [41 FR 40112, Sept. 17, 1976, as amended at 42 FR 45894, Sept. 13, 1977; 42 FR 58737, Nov. 11, 1977; 50 FR 23903, June 7, 1985; 53 FR 27825, July 25, 1988; 55 FR 13503, Apr. 11, 1990] § 1901.204 Compliance reviews. (a) Recipients subject to reviews. (1) Economic Opportunity loans to individuals for nonagricultural enterprises. (2) Loans for Water and Waste Disposal facilities, including Resource Conservation and Development loans for this purpose. (3) Community Facility loans. (4) Watershed loans and advances. (5) Recreation Association loans including those made from Resource Conservation and Development funds. (6) Economic Opportunity loans to incorporated cooperative associations (Compliance reviews on unincorporated Economic Opportunity cooperatives subject to title VI will be conducted only as the need arises or as directed by either the State Director or the Administrator). (7) Loans to Timber Development organizations. (8) Rural Renewal loans and advances. (9) Rural Rental Housing (formerly Senior Citizen rental) and Rural Cooperative Housing loans. (10) Labor Housing loans and/or grants. (11) Rural Housing Site loans. (12) Business and Industrial Insured loans or grants. (13) Technical Assistance grants. (14) Development grants for water and waste disposal. (15) Technical Assistance and Training grants in accordance with Title XIII of Pub. L. 99-198. (16) Rural Business Development Grants. (17) Section 601 Energy Impacted Area Development Assistance grants. (18) Nonprofit National Corporations grants. (19) System for Delivery of Certain Rural Development Programs Panel Grants. (20) Emergency Community Water Assistance grants. (21) Section 306C WWD loans and grants. (22) Housing Application Packaging Grants. (23) Rural and Cooperative Development Grants in subpart F of part 4284 of this title. (24) Community Facilities Grants in part 3570, subpart B, of this title. (b) Duration of obligation for conducting reviews. (1) Until the loan is paid in full or otherwise satisfied; or sold through the sale of FmHA or its successor agency under Public Law 103-354's assets; or (2) Until the last advance of grant funds is made for the grants listed in paragraph (a) of this section. (c) Compliance reviews of loans and grants to individuals Compliance Review Officer. (2) Type of review. (i) The borrower's operating regulations, for example, the grounds for eviction from a Rural Rental Housing Project. (ii) The borrower's method of advertising the facility to the public, if there is any advertising, including how well these methods reach the minority community. (iii) Any records of request for use of the borrower's facility. (3) Recording results of review. (4) Reporting results of review. (5) Forwarding report of noncompliance. (d) Review of loans or grants to organizations (any borrower or grantee other than an individual) Designation of compliance review officer. (2) Type of review. (i) Observe the recipient's records, including records on the present membership by race, the handling of applications for use of the facility, the user rates and membership fees or dues, and the facility's operating regulations. (ii) Determine if the recipient advertises for members or users. If so, observe the effectiveness of the recipient's methods of advertising the availability of the facility to the public, and especially the effectiveness of this advertising in reaching the minority community. (iii) Interview organization officials, members, and employees. In reviews of recipients of Technical Assistance grants, members of the self-help housing groups should be interviewed to determine the way in which they were recruited. (iv) Interview informed local community leaders, including minority leaders, if any to determine if the facility is operating without discrimination because of race, color, or national origin. (3) Recording results of reviews Association, Watershed, Resource Conservation and Development, and Rural Renewal loans involving recreation facilities. (ii) Loans and/or grants for Water and Waste Disposal systems, incorporated Economic Opportunity cooperatives, Grazing associations, Rural Rental Housing, Labor Housing, and Rural Housing Sites. (iii) Timber Development organizations, Rural Cooperative Housing loans, and Technical Assistance grants. (iv) Technical Assistance and Training grants (Pub. L. 99-198) and Nonprofit National Corporations grants. (4) Mandatory hook-up ordinance. (5) Forwarding noncompliance report. (e) Timing of reviews Reporting year. (2) Initial reviews Water and Waste Disposal loan and/or grant. (ii) Technical Assistance grants, Technical Assistance and Training grants (Pub. L. 99-198) and Nonprofit National Corporations grants. The initial compliance review will be conducted before the grant is closed. (iii) Rural Housing Site loan. (iv) Watershed loans for future water supply. (v) All other loans and/or grants. (3) Subsequent reviews. (i) For Water and Waste Disposal organizations with loans that have had at least two compliance reviews after loan closing covering a six-year period, and where no discriminatory practices are indicated, the frequency of subsequent reviews may be reduced to six years. (ii) If Water and Waste Disposal organizations have merged to form a new organization, two reviews will be conducted at 3-year intervals after the merger and one every 6 years thereafter, provided no discriminatory practices are noted. (f) State Office summary reports. [41 FR 40112, Sept. 17, 1976, as amended at 52 FR 41949, Nov. 2, 1987; 53 FR 3860, Feb. 10, 1988; 55 FR 5962, Feb. 21, 1990; 57 FR 11559, Apr. 6, 1992; 58 FR 5565, Jan. 22, 1993; 58 FR 58643, Nov. 3, 1993; 59 FR 41389, Aug. 12, 1994; 61 FR 3781, Feb. 2, 1996; 62 FR 16468, Apr. 7, 1997; 62 FR 33510, June 19, 1997; 62 FR 42387, Aug. 7, 1997; 68 FR 69952, Dec. 16, 2003; 80 FR 15667, Mar. 25, 2015] § 1901.205 Nondiscrimination in construction financed with FmHA or its successor agency under Public Law 103-354 loan or grant. Executive Order 11246 provides for equal employment opportunity without regard to race, color, religion, sex, or national origin and the elimination of all facilities segregated on the basis of race, color, religion, or national origin on construction work financed by FmHA or its successor agency under Public Law 103-354 involving a construction contract of more than $10,000. (a) Compliance. (b) Requirements of applicants, contractors, or subcontractors and responsible FmHA or its successor agency under Public Law 103-354 officials Applicant. (2) Contractor or Subcontractor. (ii) The contractor or subcontractor will prepare and submit Form Contract Compliance (CC) 257, “Monthly Employment Utilization Report” to the appropriate regional office of the U.S. Department of Labor (USDL) (see exhibit E, “List of Regional Offices”) by the fifth of each month through completion of the contract. (3) The County Supervisor or the responsible FmHA or its successor agency under Public Law 103-354 official will: (A) Form FmHA or its successor agency under Public Law 103-354 400-3, “Notice to Contractors and Applicants,” with an attached Equal Employment Opportunity Poster. Posters in Spanish will be provided when appropriate, (B) Form FmHA or its successor agency under Public Law 103-354 400-6, and (C) Form CC 257. (ii) Deliver to the applicant Form FmHA or its successor agency under Public Law 103-354 1924-5 when contractors are to be invited to submit bids, and Form FmHA or its successor agency under Public Law 103-354 1924-6 to contract for construction. (iii) Explain to applicant and contractor the requirements of Executive Order 11246, when needed. However, inquiries concerning compliance must be addressed to the appropriate regional office of USDL (see exhibit E). (iv) Submit a report similar in form and content to exhibit C (“FmHA or its successor agency under Public Law 103-354 Financed Contract”) of this Instruction to the appropriate regional office of USDL (Exhibit E) within 10 calendar days of the date a contract or subcontract in excess of $10,000 is awarded. (c) Contractors with 100 or more employees and contract over $10,000. (1) SF-100 “Employer Information Report EEO-1,” within 30 days of contract award unless the report has been submitted within the past 12 months, and (2) An annual report by March 31, so long as the contractor holds any FmHA or its successor agency under Public Law 103-354 financed contract in excess of $10,000. (d) Contractor with at least 50 employees and contract of $50,000 or more. (e) Compliance during construction. (1) Check to see that: (i) Required posters are displayed. (ii) There is no evidence of discrimination in employment. (2) Record findings on Form FmHA or its successor agency under Public Law 103-354 1924-12, “Inspection Report.” (3) If there is any evidence of noncompliance, the County Supervisor will report all the facts to the appropriate office of USDL (see exhibit E). (f) Hometown Plans. (g) Discrimination complaints. (2) Each complaint must be in writing and signed by the complainant (The FmHA or its successor agency under Public Law 103-354 official receiving the complaint will assist complainant when necessary). The complaint will include: (i) Name, address, and telephone number of complainant. (ii) Name and address of the person allegedly discriminating. (iii) Date and place of the discrimination. (iv) Description of the discrimination. (v) Any other information that will assist in investigating and resolving the complaint. (3) Complaints must be filed not later than 180 days after the alleged act unless the State Director extends the time, for good cause shown by the complainant. [43 FR 58356, Dec. 14, 1978, as amended at 44 FR 24852, Apr. 27, 1979; 52 FR 8002, Mar. 13, 1987] Exhibit A to Subpart E of Part 1901—Civil Rights Compliance Reviews To: State Director, FmHA or its successor agency under Public Law 103-354. Civil Rights compliance reviews have been conducted, and each recipient listed below was found in compliance with title VI of the Civil Rights Act of 1964. Information which led to this finding and my determination that the recipient is in compliance are in the running record of the recipient's file. Recipient Case No. Type of assistance 1 Date of review Sam H. Smith 99-05-7031 (rec.) OL Jan. 3, 1975. John A. Jones 99-05-8764 RL Feb. 17, 1975. Medina Housing Association 99-05-9176 grant TA Mar. 5, 1975. 1 County Supervisor Exhibit B to Subpart E of Part 1901—Summary Report of Civil Rights Compliance Reviews To: Administrator, FmHA or its successor agency under Public Law 103-354. Attention: Director, Equal Opportunity Staff. I. Civil Rights Compliance Reviews have been conducted, and the following recipients were found in compliance with title VI of the Civil Rights Act of 1964. Loan type Loan number Type of review Pre-award* post-award** 1. 2. 3. *A pre-award review is a compliance review conducted prior to loan or grant approval. **A post-award review is a compliance review conducted after loan closing. II. The following recipients were found in non-compliance: Name of borrower Loan type Loan number Type of review Date report of noncompliance sent to nat. ofc. Pre-award post-award 1. 2. 3. State Director. (7 U.S.C. 1989; 42 U.S.C. 1480; 7 CFR 2.23; 7 CFR 2.70) [47 FR 39127, Sept. 7, 1982] Exhibit C to Subpart E of Part 1901—FmHA or Its Successor Agency Under Public Law 103-354 Financed Contract To: Area Director, Office of Federal Contract Compliance Program, U.S. Department of Labor (DOL) (Insert address for your DOL area, from exhibit E, FmHA or its successor agency under Public Law 103-354 Instruction 1901-E) We submit the following information relative to a construction contract in excess of $10,000: 1. Contractor's name: Address: Telephone Number: Employer's Identification Number: 2. Contract for: ____ $__________ Starting Date: Completion Date: Contract Number: City: DOL Region: [52 FR 8002, Mar. 13, 1987] Exhibit D to Subpart E of Part 1901—Goals and Timetables for Minorities and Women The preamble to regulations establishing a new part 60-4 to 41 CFR chapter 60 published at 43 FR 14888-14894, April 7, 1978, states that OFCCP contemplates proposing standards and goals for minorities within the very near future. Until that notice has been proposed and final action taken, construction contractors and subcontractors will continue to be subject to the goals and timetables for minority utilization on Federal and federally assisted construction existing now under Executive order 11246. Such goals are published in appendix B. Now, therefore, based on the foregoing and 41 CFR part 60-4, each contracting agency, each applicant, and each contractor shall include the appropriate goal set forth in appendix A and appendix B in all invitations for bids or other solicitations for federally involved construction contracts in excess of $10,000. The goals in appendix A hereby are established on a nationwide basis as the standards for female utilization for all trades. Appendix B established the goals for minority utilization which shall be applicable for the respective areas set forth in appendix B. Appendix A and appendix B shall be effective with respect to transactions for which the invitations for bids or other solicitations or amendments thereto are sent, on or after May 8, 1978. Weldon J. Rougeau, Director, OFCCP. March 28, 1978. Appendix A The following goals and timetables for female utilization shall be included in all Federal and federally assisted construction contracts and subcontracts in excess of $10,000. The goals are applicable to the contractor's aggregate on-site construction workforce whether or not part of that workforce is performing work on a Federal or federally assisted construction contract or subcontract. area covered Goals for Women apply nationwide. Goals and Timetables Timetable Goals (percent) From Apr. 1, 1978 until Mar. 31, 1979 3.1 From Apr. 1, 1979 until Mar. 31, 1980 5.1 From Apr. 1, 1980 until Mar. 31, 1981 6.9 Appendix B Until further notice, the following goals and timetables for minority utilization shall be included in all Federal or federally assisted construction contracts and subcontracts in excess of $10,000 to be performed in the respective covered areas. The goals are applicable to the contractor's aggregate on-site construction workforce whether or not part of that workforce is performing work on a Federal or federally assisted construction contract or subcontract. Region 1 1 boston, mass. area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice Asbestos workers 10.8-10.12 Boilermakers 9.6-12.0 Bricklayers 8.0-10.0 Carpenters 11.6-14.5 Cement masons 25.5-27.5 Electricians 6.0-7.0 Elevator constructors 9.5-11.4 Glaziers 8.8-11.0 Ironworkers 5.9-6.9 Lathers 6.9-8.9 Operating engineers 14.1-15.0 Painters 9.1-11.1 Pipefitters 11.0-12.1 Plasterers 20.5-22.5 Plumbers 9.8-11.8 Roofers 8.4-10.5 Sheetmetal workers 10.1-12.1 Sprinkler fitters 12.3-15.6 All other trades 10.3-12.3 state of rhode island area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 5.0 Region II buffalo, ny area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 10.6-13.2 camden, nj area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice Asbestos workers 11.6-14.5 Boilermakers 10.8-13.5 Bricklayers 17.8-20.0 Carpenters 11.2-13.0 Cement masons 12.0-15.0 Electricians 14.9-17.8 Elevator constructors 10.8-13.5 Glaziers 16.0-20.0 Lathers 10.8-13.5 Operating engineers 10.0-12.5 Painters/decorators/paperhangers 8.8-12.8 Plasterers 17.0-19.0 Plumbers/pipefitters/steamfitters 8.4-10.5 Roofers 8.4-10.5 Sheetmetal workers 11.2-14.0 Sprinkler fitters 10.8-13.5 Structural metal workers 12.9-15.3 Wharf 7 dock builders 10.8-13.5 elmira, ny area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 4.0-5.0 long island, ny area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 6.0-8.0 westchester, ny area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 11-13 Region III state of delaware area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 11-13 philadelphia, pa, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice Ironworkers 22-26 Plumbers and pipefitters 20-24 Steamfitters 20-24 Sheetmetal workers 19-23 Electrical workers 19-23 Elevator construction workers 19-23 pittsburgh, pa, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice Asbestos workers 24.3-27.8 Boilermakers 33.8-37.7 Bricklayers 11.9-13.0 Carpenters 11.8-12.9 Cement masons 16.3-18.1 Electricians 17.0-20.3 Glaziers 26.9-30.4 Ironworkers 25.5-29.9 Lathers 12.7-13.8 Operating engineers 44.2-48.3 Painters 16.4-17.9 Plasterers 34.3-38.0 Plumbers 7.8-9.2 Roofers 47.1-50.1 Sheetmetal workers 26.0-26.9 Steamfitters 10.1-12.9 Tile setters 13.6-16.0 All other 27.6-31.5 washington, dc, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice Electricians 28.0-34.0 Painters and paperhangers 35.0-42.0 Plumbers, pipefitters and steamfitters 25.0-30.0 Iron workers 35.0-43.0 Sheetmetal workers 25.0-31.0 Elevator constructors 34.0-40.0 Asbestos workers 26.0-32.0 Lathers 34.0-40.0 Boilermakers 24.0-30.0 Tile and terrazzo workers 28.0-34.0 Glaziers 28.0-34.0 Region IV atlanta, ga, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice Asbestos workers 8.6-10.3 Bricklayers 16.3-18.2 Carpenters 11.0-12.8 Electricians 10.9-12.2 Glaziers 10.2-12.2 Ironworkers 14.0-16.0 Metal lathers 10.0-12.0 Painters 10.3-12.0 Plumbers 9.4-10.9 Pipefitters 9.4-10.9 Plasterers 24.4-25.8 Roofers 18.0-20.0 Sheetmetal workers 9.5-11.3 Sprinkler fitters 8.3-9.9 Operating engineers 24.0-27.7 Elevator installers 9.6-11.5 birmingham, al, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 20-24 charlotte, nc, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 24-30 jacksonville, fl, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 20-23 louisville, ky, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 12.0-16.0 miami, fl, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 20.0-40.0 nashville, tn, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 16.0-20.0 Region V akron, oh, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 10.0-12.5 canton, oh, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 7.0-8.4 chicago, il, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice Asbestos workers 8.6-10.3 Bricklayers 16.3-8.2 Carpenters 11.0-12.8 Electricians 10.9-12.2 Elevator installers 9.6-11.5 Glaziers 10.2-12.2 Ironworkers 14.0-16.0 Metal lathers 10.0-12.0 Painters 10.3-12.1 Plumbers 9.4-10.9 Pipe fitters 9.4-10.9 Plasterers 24.4-25.8 Roofers 18.0-20.0 Sheetmetal workers 9.5-11.3 Sprinkler fitters 8.3-9.9 Operating engineers ( 1 1 cincinnati, oh, area Area covered. Goals and Timetables [In percent] Timetable Trade Goal Until further notice Asbestos workers 9.3-12.2 Boilermakers 8.0-8.4 Carpenters 9.0-10.7 Elevator constructors 10.2-12.7 Engineers (stationary) 26.9-28.4 Floor layers 9.0-10.5 Glaziers 9.1-11.1 Lathers 9.3-10.6 Marble, tile and terrazzo workers and helpers 8.3-9.9 Millwrights 9.1-10.3 Painters 11.0-13.5 Pipefitters 10.0-12.0 Plasterers 8.7 to 9.6 Plumbers 10.0-12.7 Sheetmetal workers 10.1-11.3 All other 11.0-11.8 cleveland, oh, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice Art glass workers 25.4-28.6 Asbestos workers 20.9-23.9 Boilermakers 16.3-18.9 Bricklayers 28.8-29.5 Carpenters 8.0-8.6 Cement masons 41.1-42.2 Electricians 15.1-18.1 Elevator constructors 28.9-32.5 Glaziers 35.8-40.0 Ironworkers 11.4-13.2 Painters 17.7-18.4 Pipefitters 15.7-17.9 Plasterers 21.6-23.2 Plumbers 20.8-23.4 Roofers 28.9-31.8 All other 17.0-18.8 dayton, oh, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 10.6-11.8 detroit, mi., area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice Electricians 17.0-19.0 Operating engineers 16.9-18.0 Lathers 18.6-19.6 Painters 15.0-17.7 Riggers 16.8-17.7 Roofers 15.3-16.6 Tile, terrazzo marble workers 15.0-17.8 Tile and marble helpers 16.0-18.5 Terrazzo helpers 17.8-19.5 All other 18.6-20.4 evansville, in, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 6.3-7.6 fort wayne, in, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice Plumbers 5.2-5.5 Steamfitters 5.2-5.5 Carpenters 5.7-5.2 Bricklayers 9.3-10.4 Electricians 5.2-5.9 Sheetmetal workers 4.4-5.2 Ironworkers 7.3-8.4 Operating engineers 5.2-6.0 Painters 11.0-12.0 All other 7.1-8.0 indianapolis, in, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice Asbestos workers 32.2-37.7 Bricklayers 17.4-19.5 Electricians 6.6-7.8 Elevator constructors 15.5-18.0 Glaziers 25.2-28.6 Ironworkers 11.6-14.0 Lathers 21.1-22.0 Operating engineers 7.7-8.8 Painters 22.4-25.0 Plasterers 27.5-30.4 Plumbers 25.5-30.0 Roofers 15.9-18.1 Sheetmetal workers 9.3-10.9 Steamfitters 14.9-17.1 All other 14.1-16.2 peoria, il, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 5.0-6.0 rockford, il, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 10.0-12.0 south bend, in, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 8.0-10.0 toledo, oh, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 10.7-12.3 youngstown, oh area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 6.0-7.1 Region VI el paso, tx, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 55.1-66.2 lawton, ok, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 15.8-16.8 little rock, ar, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 25.6-30.6 new orleans, la. Area covered 1 2 3 1 2 3 Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 20-23 tulsa, ok Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice Bricklayers 24.0-25.0 Carpenters 17.0-18.0 Cement masons 21.5-22.5 Floor covers 12.0-14.0 Glaziers, glass workers 14.7-17.3 Operating engineers 22.0-24.0 Painters 18.0-20.0 Pipefitters 10.0-12.0 Plumbers 11.6-13.2 Roofers 12.0-14.0 Sheetmetal workers 8.0-10.0 All other trades 12.0-14.4 Region VII kansas city (ks) and (mo) Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice Asbestos workers 10.3-11.7 Boilermakers 5.9-6.4 Bricklayers 19.4-20.7 Carpenters 5.9-6.9 Carpet, linoleum and resilient floor decorators 5.5-6.4 Cement masons 25.5-26.5 Elevator constructors 9.2-10.7 Electricians 8.0-9.4 Glaziers 9.8 to 10.5 Lathers 14.5-15.6 Marble masons, tile layers and terrazzo workers 7.5-9.0 Marble and tile helpers 4.8-5.6 Operating engineers 9.0-10.9 Painters 14.3-15.0 Pipefitters 6.9-7.7 Plasterers 19.0-20.4 Plumbers 8.3-9.3 Roofers 14.0-15.0 Sheetmetal workers 7.0-8.0 Teamsters 25.0-26.0 All other trades 11.4-12.5 omaha, ne Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 9.0-10.0 st. louis, mo Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice Asbestos workers 5.2-5.7 Boilermakers 34.0-37.7 Bricklayers 12.6-14.2 Carpenters 8.2-8.9 Cement and concrete finishers 13.3-16.6 Electricians 13.6-16.1 Elevator constructors 8.7-9.3 Glaziers 28.7-34.5 Ironworkers 9.0-10.4 Lathers and plasterers 24.2-29.7 Operating engineers 13.2-15.7 Painters and paperhangers 25.1-29.3 Plumbers and pipefitters 13.2-15.4 Roofers and slaters 17.1-19.6 Sheetmetal workers 22.5-27.0 Tilesetters and terrazzo workers 8.8-10.4 topeka, ks Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 8.8-10.5 Region VIII colorado Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 13-14 Region IX alameda county, ca, area Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 28.5-33.0 arizona Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 25.0-30.0 contra costa county, ca Area covered: Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 17.0-19.5 fresno county, ca Area covered. Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 20.0-27.0 las vegas, nv Area covered. Goals and Timetables [In percent] Timetable Trade Goal Until further notice Asbestos workers 17.7-20.2 Bricklayers 18.8-21.3 Carpenters 16.2-17.5 Glaziers, floorcoverers, painters, tapers and wallcoverers 16.3-17.7 Plasterers 24.6-27.2 Plumbers and pipefitters 15.2-16.2 Sheet metal workers 16.2-17.7 Wood, wire and metal lathers 18.1-19.3 All other trades 18.0-19.5 los angeles county, ca Area covered. Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 21.7-25.1 monterey, ca Area covered. Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 27.0-29.8 north bay, ca Area covered. Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 10.5-12.6 sacramento, ca Area covered. Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 17.5-20.0 san diego county, ca Area covered. Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 24.0-30.0 san francisco city and county, ca Area covered. Goals and Timetables [In percent] Timetable Trade Goal Until further notice Electricians 17.0 Plumbers, pipefitters and steamfitters 14.0 Structural metal workers 20.0 Sheet metal workers 19.0 Asbestos workers 40.0 san mateo county, ca Area covered. Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 12.0-14.0 santa clara county, ca Area covered. Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 18.0-21.7 santa cruz county, ca Area covered. Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 17.0-20.4 Region X alaska Area covered. Goals and Timetables [In percent] Timetable Trade Goal Until further notice Asbestos workers 26.4-28.0 Carpenters 25.7-28.0 Electricians 25.7-28.0 Ironworkers 25.7-28.0 Operating engineers 26.1-28.0 Painters 25.8-28.0 Pile drivers 25.1-28.0 Plumbers and steamfitters 25.4-28.0 Roofers 27.6-28.0 Sheetmetal workers 25.6-28.0 Teamsters 25.6-28.0 All other 26.1-28.1 pasco, wa Area covered. Goals and Timetables [In percent] Timetable Trade Goal Until further notice Boilermakers 12.5-15.0 Bricklayers 11.0-13.5 Carpenters 9.8-12.3 Cement finishers 11.5-14.0 Electricians 10.0-12.5 Ironworkers 10.0-12.5 Operating engineers 10.2-12.7 Painters 10.0-12.5 Plumbers and fitters .9-12.4 Sheetmetal workers 10.8-13.3 Laborers 9.5-13.3 All other 10.0-12.5 portland, or Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 5.5-6.5 seattle, wa Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 8.8-11.5 spokane, wa Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All ( 1 1 tacoma, wa Area covered Goals and Timetables [In percent] Timetable Trade Goal Until further notice All 12.2-15.0 [43 FR 58357, Dec. 14, 1978] Exhibit E to Subpart E of Part 1901—List of Regional Offices, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor (USDL) Region I (ME, NH, VT, MA, RI, CT) Associate Regional Administrator, USDL/OFCCP, JFK Building, Room 1612-C, Government Center, Boston, MA 12203, (617) 223-4232. Region II (NY, NJ, PR, VI) Associate Regional Administrator, USDL/OFCCP, 1515 Broadway, Room 3306, New York, NY 10036, (212) 662-5563. Region III (PA, MD, DE, VA, WV, DC) Associate Regional Administrator, USDL/OFCCP, Gateway Building, Room 15434, 3535 Market Street, Philadelphia, PA 19104, (215) 596-1213. Region IV (NC, SC, KY, TN, MS, AL, GA, FL) Associate Regional Administrator, USDL/OFCCP, 1371 Peachtree Street, NE, Room 729, Atlanta, GA 30309, (402) 881-4211). Region V (OH, IN, MI, IL, WI, MN) Associate Regional Administrator, USDL/OFCCP, New Federal Building, 16th Floor, 2340 South Dearborn Street, Chicago, IL 60604, (312) 353-8887. Region VI (LA, AR, OK, TX, NM) Associate Regional Administrator, USDL/OFCCP), 555 Griffin Square Building, Room 506, Dallas, TX 75202, (214) 767-4771. Region VII (MO, IA, NE, KS) Associate Regional Administrator, USDL/OFCCP Regional Administrator, Federal Office Building, Room 2000, 911 Walnut Street, Kansas City, MO 64106, (816) 374-5384. Region VIII (ND, SD, MT, WY, CO, UT) Associate Regional Administrator, USDL/OFCCP, 14431 Federal Office Building, 1961 Stout Street, Denver, CO 80202, (303) 837-5011. Region IX (CA, NV, AZ, HI, GU) Associate Regional Administrator, USDL/OFCCP, Federal Office Building, Room 10341, 450 Golden Gate, San Francisco, CA 94102, (415) 556-3597. Region X (WA, OR, ID) Associate Regional Administrator, USDL/OFCCP, Federal Office Building, 909 First Avenue, Room 4095, Seattle, WA 98174, (206) 442-4508. [44 FR 24852, Apr. 27, 1979] Subpart F—Procedures for the Protection of Historical and Archeological Properties Authority: 16 U.S.C. 470; 7 U.S.C. 1989; 42 U.S.C. 1480; 42 U.S.C. 2942; 5 U.S.C. 301; sec. 10, Pub. L. 93-357, 88 Stat. 392; delegation of authority by Sec. of Agri., 7 CFR 2.23; delegation of authority by the Asst. Sec. for Rural Development, 7 CFR 2.70; delegations of authority by Dir., OEO, 29 FR 14764, 33 FR 9850. Source: 42 FR 62141, Dec. 9, 1977, unless otherwise noted. § 1901.251 Purpose. This subpart prescribes Farmers Home Administration (FmHA) or its successor agency under Public Law 103-354 policies, procedures, and guidelines for compliance with section 106 of the National Historic Preservation Act of 1966 (Pub. L. 89-665), the Reservoir Salvage Act of 1960 (Pub. L. 86-523), as amended May 24, 1974, by the Archeologic and Historic Preservation Act (Pub. L. 93-291), and section 1(3) of Executive Order 11593. This subpart is inapplicable to Farm Service Agency, Farm Loan Programs. [42 FR 62141, Dec. 9, 1977, as amended at 72 FR 64121, Nov. 15, 2007] § 1901.252 Policy. (a) The FmHA or its successor agency under Public Law 103-354 recognizes that significant scientific, prehistorical, historical and archeological (HA) resources are an important part of our National Heritage. (b) The FmHA or its successor agency under Public Law 103-354 will consult with appropriate Federal, State, and local Agencies; other organizations; the State Historic Preservation Officer (SHPO) and individuals to assess the impact of any proposed FmHA or its successor agency under Public Law 103-354 undertaking on properties having historical or archeological significance in order to avoid or mitigate any adverse effects on the properties. (c) The procedures in this subpart have been developed in accordance with section 1(3) of Executive Order 111593. § 1901.253 Definitions. (a) Undertaking (b) National Historic Preservation Act. The National Register Federal Register (c) National Register Property (d) Property eligible for inclusion in the National Register (e) State Historic Preservation Officer (f) Criteria of effect (g) Historical and archeological assessment (h) National Register criteria (1) That are associated with events that have made a significant contribution to the broad patterns of our history; or (2) That are associated with the lives of persons significant in our past; or (3) That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or (4) That have yielded, or may be likely to yield, information important in prehistory or history. (i) FmHA or its successor agency under Public Law 103-354 official (j) Project area (k) Advisory council (l) HA § 1901.254 Scope. FmHA or its successor agency under Public Law 103-354 will evaluate all undertakings for possible HA significance. This subpart covers the following types of undertakings: (a) Undertakings requiring a historical and archeological assessment. (1) Loans and grants for the development of business and industry including guaranteed loans. (2) Loans and grants for multiple family housing projects of 25 or more dwelling units. (3) Subdivision plans submitted for approval having 25 or more building sites. (4) Loans and grants in rural areas to construct, enlarge, extend, or otherwise improve: (i) Community water, sanitary sewage, solid waste disposal, and storm waste water disposal systems. (ii) Other essential community facilities such as fire and rescue, health, safety, public buildings, schools, transportation, traffic, and law enforcement. (5) Loans to develop community irrigation, drainage, and other soil and water conservation and use facilities. (6) Loans to acquire and develop grazing land for livestock of an association of members. (7) Loans in areas designated by the Soil Conservation Service (SCS), U.S. Department of Agriculture (USDA), to conserve and develop natural resources and to contribute to economic improvement of the area. (8) Loans to protect and develop land and water resources in small watersheds. (9) Loans to permit Indian tribes to buy land within their reservations. (b) Undertakings presumed not to require a historical and archeological assessment. (1) Loans to farmers and ranchers in rural areas for the purchase, development, and operation of farms and ranches. (2) Loans to individual families in rural areas for the purchase, construction, or improvement of single family residences. (3) Loans and grants for multiple family housing projects of not more than 24 family dwelling units. (4) Subdivision plans submitted for approval having 24 or less building sites. (5) Loans to farmers, ranchers, and other rural residents to develop land, water, and other related resources for increased production of food and other crops, improved pastures, feed crops, water facilities for livestock, and improved habitats for fish and wildlife. (6) Emergency and disaster loans to farmers, ranchers and other rural residents in declared or designated areas as a result of a major or national disaster. § 1901.255 Historical and archeological assessments. (a) The FmHA or its successor agency under Public Law 103-354 official, normally the FmHA or its successor agency under Public Law 103-354 County Supervisor, who receives a preapplication or application for loan or grant assistance on an undertaking that may have an effect on HA properties will, as part of the process, take the following actions: (1) Carefully review the State supplements issued by the State Director pursuant to § 1901.262(a) to determine whether there are any properties within the project area that appear in the National Register. (2) Document the following: (i) A brief narrative report of the findings and conclusions of an on-site reconnaissance of the project area. (ii) Any “in-house” knowledge of known or suspected HA sites in the project area. (3) Submit the information outlined in paragraph (a)(2) of this section to the FmHA or its successor agency under Public Law 103-354 State Director as part of the preapplication or application. (b) Upon receipt of the preapplication/application the FmHA or its successor agency under Public Law 103-354 State Director will, as a concurrent part of the preapplication/application review, prepare a historical and archeological assessment of the undertaking. In making the assessment the State Director will consider information from the following sources: (1) State and Regional Clearinghouse comments. (2) Information submitted by the County Supervisor pursuant to paragraph (a)(2) of this section. (3) Factual comments or recommendations of the SHPO or other responsible Federal, State, or local officials. (4) Any other reliable information concerning properties in the project area having HA significance. (c) Upon completion of the preapplication or application review, the State Director will take the following actions: (1) When his assessment indicates that no properties of HA significance will be effected by the proposed undertaking, he will proceed with processing of the preapplication or application. (2) When his assessment indicates that there are properties included in the National Register that may be effected by the proposed undertaking, he will in consultation with the SHPO, the applicant and its representatives, and other appropriate historical and archeological authorities plan appropriate measures to avoid or mitigate any adverse effects. He will also notify the Advisory Council and Secretary of the Interior of the proposed undertaking, and of its possible effect on the National Register properties and provide them with a copy of the proposed plan in order to afford them a reasonable opportunity for comment. Comments that are received with 45 calendar days of notification in accordance with the requirements for comment as outlined in section 106 of the National Historic Preservation Act of 1966, will be considered in further development of the undertaking. (3) When his assessment indicates that there are properties thay may be eligible for inclusion in the National Register, based on his application of the National Register criteria, he will request the Regional Director of the National Park Service, U.S. Department of the Interior, Attention: Interagency Archeological Services, in writing, to cause a survey of the project area to be made to determine the significance of the properties in accordance with section 3(b) of Pub. L. 93-291. The State Director's letter to the Regional Director should request a response within 45 calendar days as to whether the National Park Service intends to cause a survey to be made, declines to undertake a survey, or that a survey is not warranted based on available data. The addresses of the Regional Offices of the National Park Service are listed in exhibit A of this subpart. If no response is received within the 45-day period, the State Director will proceed as outlined in paragraph (c)(7) of this section. (4) The State Director will cooperate fully with the National Park Service in the conduct of a survey should one be undertaken to assure that: (i) The professional archeologist/historian conducting the survey provides his written opinion as to the eligibility of any identified properties for inclusion in the National Register. (ii) When the professional archeologist/historian recommends recovery, protection, or preservation of identified properties, the National Park Service is requested to undertake this project. (5) When the survey made in paragraph (c)(3) of this section does not identify any historical and archeological properties that may be eligible for inclusion in the National Register, or the National Park Service is not going to undertake activity pursuant to paragraph (c)(4)(ii) of this section, the State Director, after consultation with the SHPO and the National Park Service, will document the findings and proceed with processing of the application. (6) When the survey identifies properties that may be eligible for inclusion in the National Register, the State Director will request the SHPO to proceed with the nomination of such properties. The State Director will then proceed as outlined in paragraph (c)(2) of this section for any properties accepted for inclusion in the National Register. (7) When the National Park Service declines to cause a survey to be made or determines that one is not warranted, the State Director will document such facts and proceed with processing of the application. §§ 1901.256-1901.258 [Reserved] § 1901.259 Actions to be taken when archeological properties are discovered during construction. (a) When properties of significant HA value are discovered during construction, the State Director will immediately consult with the applicant, the SHPO and the Regional Director of the National Park Service to determine whether there is sufficient factual evidence to warrant a decision to stop construction and undertake detailed survey and recovery. (b) When the consultations in paragraph (a) of this section result in a determination by the National Park Service to request the applicant to stop construction, such stop action should be taken so that the Park Service can initiate measures for immediate recovery within 60 days after notification of a discovery. (c) When the consultations in paragraph (a) of this section do not result in a determination by the National Park Service to stop construction and to undertake a survey and recovery, construction should be permitted to proceed with caution. In the event that the National Park Service determines that recovery is necessary, the FmHA or its successor agency under Public Law 103-354 applicant/borrower and the Park Service should determine that the consent of all persons, associations, or public entities having legal interests in the property involved has been secured. Also, the applicant should be informed that the Secretary of the Interior is authorized to compensate any person, association, or public entity damaged as a result of delay in construction or as a result of the temporary loss of the use of public or any nonfederally owned land. (d) No survey or recovery work will be required which in the determination of the State Director would seriously impede FmHA or its successor agency under Public Law 103-354 actions in providing assistance where the State Director determines that immediate action is required to avoid loss or damage of life or property. Nevertheless, appropriate measures will be taken to the extent practical to preserve, protect, or mitigate any damage to properties having HA significance. § 1901.260 Coordination with other agencies. (a) When other Agencies are directly involved in any undertaking that requires a historical and archeological assessment, the State Director will contact the Agencies concerned to determine if a joint assessment will be prepared and whether a single lead Agency will assume primary responsibility for preparing the assessment. (b) When a lead Agency is agreed upon other than FmHA or its successor agency under Public Law 103-354, FmHA or its successor agency under Public Law 103-354 will provide that Agency with information about its respective areas of responsibility. Assessments will indicate Agency participation and concurrence. (c) When FmHA or its successor agency under Public Law 103-354 program activities are planned that primarily supplement those of the SCS, USDA, such as watershed projects, resource conservation and development measures, and irrigation and drainage projects, the SCS will be designated as the lead Agency. § 1901.261 [Reserved] § 1901.262 State supplement. (a) The State Director shall be responsible for preparing a list of all properties included in the National Register in his area of jurisdiction and issuing such list as a part of a State supplement. Such a list will be updated as needed to reflect changes in the National Register. (b) State Directors may also supplement this subpart and its exhibit as appropriate to meet State and local laws and regulations. Exhibit A to Subpart F of Part 1901—National Park Service, U.S. Department of the Interior Regional Offices Contact should be made to: Chief, Interagency Archeological Services Division, Office of Archeological and Historic Preservation, National Park Service. The three Regional Offices are: San Francisco Office: States covered: Denver Office: States covered: Atlanta Office: States covered: Subparts G-J [Reserved] Subpart K—Certificates of Beneficial Ownership and Insured Notes Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; delegation of authority by the Secretary of Agriculture, 7 CFR 2.23; delegation of authority by the Assistant Secretary for Rural Development, 7 CFR 2.70. Source: 41 FR 51799, Nov. 24, 1976, unless otherwise noted. § 1901.501 Purpose. This subpart prescribes policies and procedures for Rural Development certificates of beneficial ownership and insured notes. This subpart is inapplicable to Farm Service Agency, Farm Loan Programs. [41 FR 51799, Nov. 24, 1976, as amended at 72 FR 64121, Nov. 15, 2007; 80 FR 9868, Feb. 24, 2015] § 1901.502 Policy. It is the current policy to sell all certificates of beneficial ownership to the Federal Financing Bank for financing activities from the Agricultural Credit Insurance Fund and the Rural Development Insurance Fund. Sales from the Rural Housing Insurance Fund will be made to the Federal Financing Bank to the extent necessary to service certificates of beneficial ownership held by the Federal Financing Bank. Sales in excess of those needed for servicing requirements will be made to the public. In addition to sales, this subpart provides policy for the servicing of outstanding certificates of beneficial ownership, insurance contracts, and insured notes held by investors. [51 FR 24301, July 3, 1986] § 1901.503 Definitions. (a) As used in §§ 1901.505, 1901.507, 1901.508 and 1901.509 the following definitions will apply: (1) Announcement of sale. (2) Certificate. (3) Director, Finance Office. (4) Rural Development. (5) Finance Office. (6) Fixed period. (7) Insurance agreement. (8) Insurance fund. (9) Insured holder. (10) Insured note. (11) Loan. (12) National Office. (13) Option period. (14) Par value. (15) Private buyer. (16) Private holder. (17) Repurchase agreement. (18) Sale, or seller, and buyer. (19) State Director. (b) As used in § 1901.506 the following definitions will apply: (1) Reserve bank. (2) Rural Development security. (3) Definitive Rural Development security. (4) Book-entry Rural Development security. (5) Pledge. (6) Date of call. Federal Register (7) Member bank. [41 FR 51799, Nov. 24, 1976, as amended at 80 FR 9868, Feb. 24, 2015] § 1901.504 Authorities and responsibilities. The Administrator will approve all methods of Rural Development financing and major changes in existing methods. The Director, Finance Office, is responsible for servicing of all certificates of beneficial ownership and insured notes issued by the Finance Office, the Federal Reserve Bank of New York for the servicing of insurance contracts, and the Federal Reserve banks for certificates of beneficial ownership for which the Reserve banks are Rural Development's fiscal agents. [41 FR 51799, Nov. 24, 1976, as amended at 80 FR 9868, Feb. 24, 2015] § 1901.505 Certificates of beneficial ownership in Rural Development loans. (a) Special trust of loans Establishment of special trusts. (2) Beneficial ownership of special trusts. (b) Sale of certificates. (1) Form of certificates. (2) Issue date and maturity date of certificates. [41 FR 51799, Nov. 24, 1976, as amended at 80 FR 9868, Feb. 24, 2015] § 1901.506 Book-entry procedure for Rural Development securities—issuance and redemption of certificate by Reserve bank. (a) Authority of Reserve bank. (1) Issue book-entry Rural Development securities by means of entries on its records which shall include the name of the depositor, the amount, the securities title (or series) and maturity date. (2) Effect conversions between book-entry Rural Development securities and definitive Rural Development securities. (3) Otherwise service and maintain book-entry Rural Development securities. (4) Issue a confirmation of transaction in the form of a written advice (serially numbered or otherwise) which specifies the amount and description of any securities (that is, the securities title (or series) and the maturity date) sold or transferred and the date of the transaction. (b) Scope and effect of book-entry procedure. (i) As collateral pledged to a Reserve bank (in its individual capacity) for advances by it. (ii) By a member bank for its sole account. (iii) By a member bank held for the account of its customers. (iv) In connection with deposits in a member bank of funds of States, Municipalities, or other political subdivisions. (v) In connection with the performance of an obligation or duty under Federal, State, Municipal, or local law, or judgments or decrees of courts. (2) The application of the book-entry procedure under paragraph (b)(1) of this section shall not detract from or adversely affect the relationships that would otherwise exist between a Reserve bank in its individual capacity and its depositors concerning any deposit under this paragraph. Whenever the book-entry procedure is applied to such Rural Development securities, the Reserve bank is authorized to take all action necessary in respect of the book-entry procedure to enable such Reserve bank in its individual capacity to perform its obligation as depositary with respect to such Rural Development securities. (3) A Reserve bank as fiscal agent of the United States acting on behalf of Rural Development may apply the book-entry procedure to Rural Development securities deposited as collateral pledged to the United States under Treasury Department Circular Nos. 92 and 176, both as revised and amended, and may apply the book-entry procedure, with the approval of the Secretary of the Treasury, to any other Rural Development securities deposited with a Reserve bank as fiscal agent of the United States. (4) Any person having an interest in Rural Development securities which are deposited with a Reserve bank (in either its individual capacity or as fiscal agent of the United States) for any purpose shall be deemed to have consented to their conversion to book-entry Rural Development securities pursuant to the provisions of this subpart and in the manner and under the procedure prescribed by the Reserve bank. (5) No deposits shall be accepted under this section on or after the date of maturity or call of Rural Development securities. (c) Transfer or pledge. (i) Have the effect of a delivery in bearer form of definitive Rural Development securities. (ii) Have the effect of a taking of delivery by the transferee or pledgee. (iii) Constitute the transferee or pledgee a holder. (iv) If a pledge, effect a perfected security interest therein in favor of the pledgee. A transfer or pledge of book-entry Rural Development securities effected under this paragraph shall have priority over any transfer, pledge, or other interest, theretofore or thereafter effected or perfected under paragraph (c)(2) of this section or any other manner. (2) A transfer or pledge of transferable Rural Development securities, or any interest therein, which is maintained by a Reserve bank (in its individual capacity or as fiscal agent of the United States) in a book-entry account under this subpart, including securities in book-entry form under § 1901.506(b)(1)(iii) is effected, and a pledge is perfected by any means that would be effective under applicable law to effect a transfer or to effect and perfect a pledge of Rural Development securities, or any interest therein, if the securities were maintained by the Reserve bank in bearer definitive form. For purposes of transfer or pledge hereunder, book-entry Rural Development securities maintained by a Reserve bank shall, notwithstanding any provision of law to the contrary, be deemed to be maintained in bearer definitive form. A Reserve bank maintaining book-entry Rural Development securities, either in its individual capacity or as fiscal agent of the United States, is not a bailee for the purposes of notification of pledges of these securities under this paragraph, or a third person in possession for the purposes of acknowledgment of transfers thereof under this paragraph. Where transferable Rural Development securities are recorded on the books of a depositary (a bank, banking institution, financial firm, or similar party, which regularly accepts in the course of its business Rural Development securities as a custodial service for customers, and maintains accounts in the names of such customers reflecting ownership of or interest in such securities) for account of the pledgor or transferor thereof and such securities are on deposit with a Reserve bank in a book-entry account hereunder, such depositary shall, for purposes of perfecting a pledge of such securities or effecting delivery of such securities to a purchaser under applicable provisions of law, be the bailee to which notification of the pledge of the securities may be given or the third person in possession from which acknowledgment of the holding of the securities for the purchaser may be obtained. A Reserve bank will not accept notice or advice of a transfer or pledge effected or perfected under this paragraph and any such notice or advice shall have no effect. A Reserve bank may continue to deal with its depositor in accordance with the provisions of this subpart, notwithstanding any transfer or pledge effected or perfected under this paragraph. (3) No filing or recording with a public recording office or officer shall be necessary or effective with respect to any transfer or pledge of book-entry Rural Development securities or any interest therein. (4) A Reserve bank shall, upon receipt of appropriate instructions, convert book-entry Rural Development securities into definitive Rural Development securities and deliver them in accordance with such instructions. No such conversion shall affect existing interest in such Rural Development securities. (5) A transfer of book-entry Rural Development securities within a Federal Reserve Bank shall be made in accordance with procedures established by the Reserve bank not inconsistent with this subpart. The transfer of book-entry Rural Development securities by a Reserve bank may be made through a telegraphic transfer procedure. (6) All requests for transfer or withdrawal must be made prior to the maturity or date of call of the securities. (d) Withdrawal of Rural Development securities. (2) Rural Developmentsecurities which are actually to be delivered upon withdrawal may be issued in bearer or registered form. (e) Delivery of Rural Development securities. (f) Registered securities. (2) The assignment which shall be executed in accordance with the provisions of subpart F of 31 CFR part 306, so far as applicable, shall be to Federal Reserve Bank of ________, as fiscal agent of the United States acting on behalf of the Rural Development, United States Department of Agriculture, for conversion to book-entry Rural Development securities. (g) Servicing book-entry Rural Development securities, payment of interest, payment at maturity or upon call. (h) Issuance and redemption. (i) Subpart B, Registration. (ii) Subpart C, Transfers, Exchanges and Reissues. (iii) Subpart D, Redemption or Payment. (iv) Subpart E, Interest. (v) Subpart G, Assignments of Registered Securities—General. (vi) Subpart F, Assignments by or in Behalf of Individuals. (vii) Subpart H, Assignments in Behalf of Estates of Deceased Owners. (viii) Subpart I, Assignments by or in Behalf of Trustees and Similar Fiduciaries. (ix) Subpart J, Assignments in Behalf of Private or Public Organizations. (x) Subpart K, Attorneys in Fact. (xi) Subpart L, Transfer Through Judicial Proceedings. (xii) Subpart M, Requests for Suspension of Transactions. (xiii) Subpart N, Relief for Loss, Theft, Destruction, Mutilation, or Defacement of Securities. [41 FR 51799, Nov. 24, 1976, as amended at 80 FR 9868, Feb. 24, 2015] § 1901.507 Certificates of beneficial ownership by the Rural Development Finance Office. (a) Orders and payment. (b) Registration. (2) The registration of all certificates owned by the same person, organization, or fiduciary should be uniform with respect to the name of the owner and, in case of fiduciary, the description of the fiduciary capacity. Individual owners should be designated by the names by which they are ordinarily known or under which they do business, preferably including at least one full given name. The name of an individual may be preceded by an applicable title, as, for example “Mrs.”, “Mr.”, “Miss”, “Ms.”, “Dr.”, or “Rev.”, or followed by a designation such as “M.D.”, “D.D.”, “Sr.”, or “Jr.”, Any other similar suffix should be included when ordinarily used or when necessary to distinguish the owner from another member of his family. The address should include, where appropriate, the name and street, route, or any other location feature, and zip code. (3) If an erroneously inscribed certificate is received, it should not be altered in any respect. Rural Development should be given full particulars about the error and asked to furnish instructions. (c) Transfers and exchanges—closed periods General. (2) Closing of transfer books. (i) Payment of final interest will be made to the registered owner of record on the date the books were closed. (ii) Payment of principal will be made to the assignee under a proper assignment of the certificate. (d) Redemption or payment General. (2) Redemption at maturity. (3) Interest. (e) Assignments. (f) Death of certificate holder. (1) A certified copy of the death certificate. (2) A certified copy of the court order appointing the Administrator or Executor (include the mailing address of the Administrator or Executor). The Finance Office will notify the person submitting such notice and/or documentation if any other records or documents are needed. Legal opinions and advice will be obtained by the Finance Office as needed from the Regional Attorney. After all legal requirements are met, the certificate should be reissued in the name of the current owner. (g) Replacement. [41 FR 51799, Nov. 24, 1976, as amended at 80 FR 9869, Feb. 24, 2015] § 1901.508 Servicing of insured notes outstanding with investors. The Director, or the insured loan officer of the Finance Office, is authorized in connection with the sale of any insured note to execute required documents on behalf of Rural Development and to take other appropriate action, including, but not limited to, acknowledging notice of sale of an insured note, or requiring an insured holder to sell an insured note to Rural Development in connection with any voluntary conveyance or foreclosure, or transfer related to liquidation of the borrower's account or any other servicing action so related. Upon recommendation by the State Director that purchase of an insured note is necessary for any servicing action not related to liquidation of the borrower's account, authorization may be given by the National Office to request the Director, Finance Office, to require a holder to sell an insured note to Rural Development. (a) Assignments Effective date of assignment. (2) Assignment to Rural Development at request of Rural Development. (3) Assignment to Rural Development at option of holder. (4) Price. (b) Sale of insured notes by private holders to private buyers. (i) Form RD 471-7 “Notice and Acknowledgment of Sale of Insured or Guaranteed Loan.” (ii) A statement of the unpaid principal. If requested the Director, Finance Office, will furnish a statement of account instead of or in addition to a statement of the unpaid principal. (iii) Appropriate information on how to complete the assignment. (2) If the Director, Finance Office, is informed that an insured note has been assigned and Rural Development is requested to recognize the assignment, the Director, Finance Office, will send the assignor Form RD 471-7, with directions for its execution. (3) On receipt of Form RD 471-7 properly executed by the assignor, the Director, Finance Office, will complete and execute the acknowledgment section of the form. The Director, Finance Office, will retain the original of the form, have two facsimile copies made and send one to the assignor, and one to the assignee. For any correction or other change to be made in the record of the name or address of a private holder, or of a designated agent of a private holder, a request will be made to Rural Development in writing. (4) As of the date of the acknowledgment, executed by the Director, Finance Office, on Form RD 471-7 the Director, Finance Office, will transfer the insured note from the assignor to the assignee as the insured holder on the records of Rural Development. The name and address of the assignee will be recorded by Rural Development exactly as they appear on Form RD 471-7. (5) Payments transmitted by Rural Development on or after the acknowledgment date shown on Form RD 471-7 will be transmitted to the assignee. The Director, Finance Office, will give notice to the assignor and the assignee of any payments transmitted by Rural Development to the assignor before the acknowledgment date and after either the date of sale, or the date of the statement of account, whichever is earlier. However, Rural Development will not be liable for any failure to give such notice. (c) Assignment of insured notes to Rural Development Assignment at the request of the holder. (i) The holder will endorse the insured note as follows: “Pay to the order of the United States of America. Without recourse.” The holder will then deliver the endorsed note, together with the insurance agreement, to the Director, Finance Office. (ii) On receipt of the endorsed note with the accompanying insurance agreement, the Director, Finance Office, will acknowledge receipt of the note and process payment to the assignor of the par value of the note as of the date of the Treasury check. (2) Assignment at the request of Rural Development. (d) Replacement of called or fully paid notes. (e) Death of a noteholder. (1) A certified copy of the death certificate. (2) A certified copy of the court order appointing the Administrator or Executor (include the mailing address of the Administrator or Executor). The Finance Office will notify the person submitting the notice and/or documentation if any other records or documents are needed, and will provide any additional instructions that are needed. Legal opinions and advice will be obtained by the Finance Office as needed from the Regional Attorney. [41 FR 51799, Nov. 24, 1976, as amended at 80 FR 9869, Feb. 24, 2015] § 1901.509 Loss, theft, destruction, mutilation, or defacement of insured notes, insurance contracts, and certificates of beneficial ownership. (a) Block sale insurance contracts. (b) Notes and certificates of beneficial ownership sold by County Office and Finance Office. (1) A certificate of loss should be filed with Rural Development Finance Office. The certificate should include: (i) Legal name and present address of owner when issued, if different from present address. (ii) Capacity of person certifying, if other than the owner. (iii) Identity of the note or certificate of beneficial ownership, including the name and Rural Development case number of the maker thereof, issue date, interest rate of obligation, face amount of note or certificate of beneficial ownership, and a full description of any assignment, endorsement, or any other writing. (iv) A full statement of circumstances of the loss, theft, or destruction of the note. (2) An indemnity bond in the amount of the unpaid principal and interest will be required except in the following instances: (i) Substantially the entire note or certificate of beneficial ownership is presented and surrendered by the owner or holder, and the Director, Finance Office, is satisfied as to the identity of the instruments and that any missing portions are not sufficient to form the basis of a valid claim against the United States or the borrower; or (ii) The owner or holder is the United States, a Federal Reserve Bank, a Federal Government Corporation, a State or territory, or the District of Columbia. (3) An indemnity bond without surety will be provided in the following cases: (i) Cases involving registered unassigned obligations held by banks, trust companies, savings and loan associations, or companies holding certificates of authority from Secretary of the Treasury as acceptable sureties on Federal Bonds (companies listed on Treasury Department Circular 570) where the financial responsibilities of such claimants are well known or readily ascertainable. (ii) Cases involving registered unassigned obligations where the evidence reasonably justifies a conclusion that the obligations were destroyed and the unpaid principal and interest amount does not exceed $1,000. (4) An indemnity posted with a qualified surety is required in all cases involving registered unassigned obligations other than those cited in paragraphs (b)(2)(i), (b)(2)(ii), (b)(3)(i) and (b)(3)(ii) of this section. A qualified surety is a company holding a certificate of authority from the Secretary of the Treasury as acceptable sureties on Federal Bonds, and listed in Treasury Department Circular 570. (5) All indemnity bonds for notes must be payable to both the borrower and Rural Development. All indemnity bonds for certificates of beneficial ownership must be payable to Rural Development. The bond may be posted at the time the note or certificate of beneficial ownership becomes eligible for repurchase by Rural Development. If the holder desires to continue to hold the note for the life of the note, an indemnity bond will not be required. (6) An assignment of the note or certificate of beneficial ownership shall be made to the United States of America, acting through Rural Development, United States Department of Agriculture. An acceptable form of assignment is available from the Director, Finance Office. (c) Other cases. (d) Replacement of notes. [41 FR 51799, Nov. 24, 1976, as amended at 80 FR 9869, Feb. 24, 2015] Subparts L-N [Reserved]

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