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23 rows where agency = "RHS" and part_number = 1900 sorted by section_id

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  • 1900 · 23 ✖

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  • RHS · 23 ✖
section_id ▼ title_number title_name chapter subchapter part_number part_name subpart subpart_name section_number section_heading agency authority source_citation amendment_citations full_text
7:7:12.1.2.7.10.1.1.1 7 Agriculture XVIII H 1900 PART 1900—GENERAL A Subpart A—Delegations of Authority   § 1900.1 General. RHS     [44 FR 18162, Mar. 27, 1979, as amended at 80 FR 9866, Feb. 24, 2015] The authorities contained in this subpart apply to all assets, functions, and programs now or hereafter administered or serviced by the Rural Development, including but not limited to those relating to indebtedness, security, and other assets obtained or contracted through the Secretary of Agriculture, Resettlement Administration, Farm Security Administration, or Emergency Crop and Feed Loan Offices of the Farm Credit Administration, the Soil Conservation Service in connection with water conservation and utilization projects; the Puerto Rico Hurricane Relief Commission and successor agencies in connection with Puerto Rico Hurricane relief loans to individuals; State Rural Rehabilitation Corporations, the United States of America or its officials as trustees of the assets of State Rural Rehabilitation Corporations, Regional Agricultural Credit Corporations, Defense Relocation Corporations, land leasing and purchasing associations, corporations, and agencies, and whether the interest of the United States in the indebtedness, instrument of debt, security, security instrument, or other assets is that of obligee, owner, holder, insurer, assignee, mortgagee, beneficiary, trustee or other interest. This subpart is inapplicable to Farm Service Agency, Farm Loan Programs.
7:7:12.1.2.7.10.1.1.2 7 Agriculture XVIII H 1900 PART 1900—GENERAL A Subpart A—Delegations of Authority   § 1900.2 National office staff and state directors. RHS     [44 FR 18162, Mar. 27, 1979, as amended at 47 FR 5700, Feb. 8, 1982; 50 FR 23901, June 7, 1985; 52 FR 44375, Nov. 19, 1987; 56 FR 6946, Feb. 21, 1991; 80 FR 9867, Feb. 24, 2015] The following officials of the Rural Development, in accordance with applicable laws, and the regulations implementing these laws, are severally authorized, for and on behalf of and in the name of the United States of America or the Rural Development, to do and perform all acts necessary in connection with making and insuring loans, making grants and advances, servicing loans and other indebtedness and obtaining, servicing and enforcing security and other instruments related thereto: The Deputy Administrator Program Operations, the Assistant Administrators for Farmer Programs, Housing, and Community and Business Programs, the Assistant Administrator Accounting and Director Finance Office; each Director and the Insured Loan Officer, Finance Office; the Directors for the Water and Waste Disposal Division, the Community Facilities Division, the Business and Industry Division, the Multi-Family Housing Processing Division, the Multi-Family Housing Servicing and Property Management Division, the Single Family Housing Processing Division, the Single Family Housing Servicing and Property Management Division, the Farm Real Estate and Production Division, the Emergency Division; and each State Director within the area of that State Director's jurisdiction; and in the absence or disability of any such official, the person acting in that official's position; and the delegates of any such official. The authority includes, but is not limited to, the authority to: (a) Effect the assignment of, or the declaration of trust with respect to, insured security instruments to place them in trust with the United States of America as trustee for the benefit of any holder of the promissory note or bond secured by such security instrument. (b) Acknowledge receipt of notice of sale or assignment of insured loans and security instruments. (c) Appoint or request the appointment of substitute trustees in deeds of trust. (d) Execute proofs of claim in bankruptcy, death, and other cases. (e) Consent to sale or assignment of, or sell or ass…
7:7:12.1.2.7.10.1.1.3 7 Agriculture XVIII H 1900 PART 1900—GENERAL A Subpart A—Delegations of Authority   § 1900.3 State, district, and county office employees. RHS     [50 FR 23902, June 7, 1985, as amended at 55 FR 43325, Oct. 29, 1990; 80 FR 9867, Feb. 24, 2015] The following officials and employees of the Rural Development, in accordance with applicable laws, and the regulations implementing these laws, for and on behalf of, and in the name of the United States of America or the Rural Development, are also severally authorized within the area of their respective jurisdictions to perform the acts specified in paragraphs (g) through (r) of § 1900.2; and within their loan approval authority to sell or otherwise dispose of real or chattel property or interests therein and to execute and deliver bills of sale or other instruments to effect such sale or disposition: Chief, Farmer Programs/Specialist; Chief, Rural Housing/Specialist; Chief, Community Programs/Specialist; Chief, Business and Industry/Specialist; Chief, Community and Business Programs/Specialist; Chief, Appraisal Staff/Appraiser; Chief, Underwriting Staff/Underwriter; Chief, Underwriting and Appraisal Staff; Chief, Servicing and Inventory Staff/Credit Management Specialist/Realty Specialist; each District Director, Assistant District Director, Loan Specialist General, County (including Parish) Supervisor, Emergency Loan Supervisor, Assistant Emergency Loan Supervisor, or other supervisor or assistant supervisor, and in the absence or disability of any such official or employee, the person acting in the position.
7:7:12.1.2.7.10.1.1.4 7 Agriculture XVIII H 1900 PART 1900—GENERAL A Subpart A—Delegations of Authority   § 1900.4 Ratification. RHS     [44 FR 18162, Mar. 27, 1979] All written instruments affecting title to real or personal property, including but not limited to deeds, releases, satisfactions, subordination agreements, severance agreements, consents, waivers, assignments, declarations of trust, and heretofore executed by officials or employees of the agencies or other entities referred to in § 1900.1 to carry out any purpose authorized by law, incident to the administration of programs under the jurisdiction of said agencies or other entities, are hereby approved, confirmed, and ratified.
7:7:12.1.2.7.10.1.1.5 7 Agriculture XVIII H 1900 PART 1900—GENERAL A Subpart A—Delegations of Authority   § 1900.5 Assignment of cases. RHS     [55 FR 43325, Oct. 29, 1990, as amended at 80 FR 9867, Feb. 24, 2015] The State Director may, in writing, assign responsibilities and functions to a different office or staff position within the Rural Development State organizational structure other than that referred to in regulations, provided no benefits, rights, or opportunities of the public are changed.
7:7:12.1.2.7.10.1.1.6 7 Agriculture XVIII H 1900 PART 1900—GENERAL A Subpart A—Delegations of Authority   § 1900.6 Chair, Loan Resolution Task Force. RHS     [59 FR 43441, Aug. 24, 1994, as amended at 80 FR 9867, Feb. 24, 2015] The Chair, Loan Resolution Task Force is delegated the following authorities, to be exercised until September 30, 1996: (a) The responsibility for, under applicable Rural Development regulations, collecting and settling all delinquent direct Farmer Program loans as defined in the Consolidated Farm and Rural Development Act, as amended, that have received all primary servicing rights and pre-acceleration homestead and preservation loan servicing rights under 7 CFR part 1951, subpart S; (b) The responsibility for making and directing the making of loan servicing decisions, under applicable Rural Development regulations, concerning delinquent direct Farmer Programs loans for which accrued principal and interest equals or exceeds one million dollars, to extend to borrowers their remaining primary servicing rights and pre-acceleration homestead and preservation loan servicing rights under 7 CFR part 1951, subpart S; (c) Authority for approving the grant of exceptions pursuant to §§ 1951.916, 1955.21, 1956.99 and 1965.35 of this chapter, to the extent necessary to carry out the responsibilities described in paragraphs (a) and (b) of this section.
7:7:12.1.2.7.10.1.1.7 7 Agriculture XVIII H 1900 PART 1900—GENERAL A Subpart A—Delegations of Authority   § 1900.7 Effect on other regulations. RHS     [44 FR 18162, Mar. 27, 1979. Redesignated at 55 FR 43325, Oct. 29, 1990, and further redesignated at 59 FR 43441, Aug. 24, 1994, as amended at 80 FR 9867, Feb. 24, 2015] This subpart does not revoke or modify any other delegation or redelegation, instruction, procedure, or regulation issued by, or under authority of, the Under Secretary for Rural Development.
7:7:12.1.2.7.10.2.1.1 7 Agriculture XVIII H 1900 PART 1900—GENERAL B Subpart B—Adverse Decisions and Administrative Appeals   § 1900.51 Definitions. RHS       Act means the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994, Public Law No. 103-354 (7 U.S.C. 6991 et seq. ). Agency means the Rural Utilities Service (RUS), the Rural Housing Service (RHS), and the Rural Business-Cooperative Development Service (RBS), or their successor agencies. Refer to 7 CFR 11.1 for other definitions applicable to appeals of adverse decisions covered by this subpart.
7:7:12.1.2.7.10.2.1.2 7 Agriculture XVIII H 1900 PART 1900—GENERAL B Subpart B—Adverse Decisions and Administrative Appeals   § 1900.52 General. RHS       This subpart specifies procedures for use by USDA personnel and program participants to ensure that full and complete consideration is given to program participants who are affected by an agency adverse decision.
7:7:12.1.2.7.10.2.1.3 7 Agriculture XVIII H 1900 PART 1900—GENERAL B Subpart B—Adverse Decisions and Administrative Appeals   § 1900.53 Applicability. RHS       (a) Appeals of adverse decisions covered by this subpart will be governed by 7 CFR part 11. (b) The provisions of this subpart apply to adverse decisions concerning direct loans, loan guarantees, and grants under the following programs: RUS Water and Waste Disposal Facility Loans and Grants Program; RHS Housing and Community Facilities Loan Programs; RBS Loan, Grant, and Guarantee Programs and the Intermediary Relending Program; and determinations of the Rural Housing Trust 1987-1 Master Servicer. (c) This subpart does not apply to decisions made by parties outside an agency even when those decisions are used as a basis for decisions falling within paragraph (b) of this section, for example: decisions by state governmental construction standards-setting agencies (which may determine whether RHS will finance certain houses); Davis-Bacon wage rates; flood plain determinations; archaeological and historical areas preservation requirements; and designations of areas inhabited by endangered species.
7:7:12.1.2.7.10.2.1.4 7 Agriculture XVIII H 1900 PART 1900—GENERAL B Subpart B—Adverse Decisions and Administrative Appeals   § 1900.54 Effect on assistance pending appeal. RHS       (a) Assistance will not be discontinued pending the outcome of an appeal of a complete or partial adverse decision. (b) Notwithstanding the provisions of paragraph (a) of this section, administrative offsets initiated under subpart C of part 1951 will not be stayed pending the outcome of an appeal and any further review of the decision to initiate the offset.
7:7:12.1.2.7.10.2.1.5 7 Agriculture XVIII H 1900 PART 1900—GENERAL B Subpart B—Adverse Decisions and Administrative Appeals   § 1900.55 Adverse action procedures. RHS       (a) If an applicant, guaranteed lender, a holder, borrower or grantee is adversely affected by a decision covered by this subpart, the decision maker will inform the participant of the adverse decision and whether the adverse decision is appealable. A participant has the right to request the Director of NAD to review the agency's finding of nonappealability in accordance with 7 CFR 11.6(a). In cases where the adverse decision is based on both appealable and nonappealable actions, the adverse action is not appealable. (b) A participant affected by an adverse decision of an agency is entitled under section 275 of the Act to an opportunity for a separate informal meeting with the agency before commencing an appeal to NAD under 7 CFR part 11. (c) Participants also have the right under section 275 of the Act to seek mediation involving any adverse decision appealable under this subpart if the mediation program of the State in which the participant's farming operation giving rise to the decision is located has been certified by the Secretary for the program involved in the decision. An agency shall cooperate in such mediation. Any time limitation for appeal will be stayed pending completion of the mediation process (7 CFR 11.5(c)).
7:7:12.1.2.7.10.2.1.6 7 Agriculture XVIII H 1900 PART 1900—GENERAL B Subpart B—Adverse Decisions and Administrative Appeals   § 1900.56 Non-appealable decisions. RHS       The following are examples of decisions which are not appealable: (a) Decisions which do not fall within the scope of this subpart as set out in § 1900.53. (b) Decisions that do not meet the definition of an “adverse decision” under 7 CFR part 11. (c) Decisions involving parties who do not meet the definition of “participant” under 7 CFR part 11. (d) Decisions with subject matters not covered by 7 CFR part 11. (e) Interest rates as set forth in agency procedures, except for appeals alleging application of an incorrect interest rate. (f) The State RECD Director's refusal to request an administrative waiver provided for in agency program regulations. (g) Denials of assistance due to lack of funds or authority to guarantee.
7:7:12.1.2.7.10.2.1.7 7 Agriculture XVIII H 1900 PART 1900—GENERAL B Subpart B—Adverse Decisions and Administrative Appeals   § 1900.57 [Reserved] RHS        
7:7:12.1.2.7.10.3.1.1 7 Agriculture XVIII H 1900 PART 1900—GENERAL C Subpart C—Applicability of Federal Law   § 1900.101 General. RHS     [44 FR 10979, Feb. 26, 1979, as amended at 45 FR 8934, Feb. 11, 1980; 80 FR 9867, Feb. 24, 2015] This subpart provides Rural Development policy concerning: (a) The applicability of Federal rather than State Law in the conduct of Rural Development operations, and (b) The liability of an auctioneer for conversion of personal property mortgaged to Rural Development.
7:7:12.1.2.7.10.3.1.2 7 Agriculture XVIII H 1900 PART 1900—GENERAL C Subpart C—Applicability of Federal Law   § 1900.102 Applicable law. RHS     [44 FR 10979, Feb. 26, 1979, as amended at 80 FR 9867, Feb. 24, 2015] Loans made by Rural Development are authorized and executed pursuant to Federal programs adopted by Congress to achieve national purposes of the U.S. Government. (a) Instruments evidencing or securing a loan payable to or held by the Rural Development, such as promissory notes, bonds, guaranty agreements, mortgages, deeds of trust, financing statements, security agreements, and other evidences of debt or security shall be construed and enforced in accordance with applicable Federal law. (b) Instruments evidencing a guarantee, conditional commitment to guarantee, or a grant, such as contracts of guarantee, grant agreements or other evidences of an obligation to guarantee or make a grant, executed by the Rural Development, shall be construed and enforced in accordance with applicable Federal law. (c) In order to implement and facilitate these Federal loan programs, the application of local procedures, especially for recordation and notification purposes, may be utilized to the fullest extent feasible and practicable. However, the use of local procedures shall not be deemed or construed to be any waiver by Rural Development of Federal immunity from any local control, penalty, or liability, or to subject Rural Development to any State required acts or actions subsequent to the delivery by Rural Development officials of the instrument to the appropriate local or State official. (d) Any person, corporation, or organization that applies for and receives any benefit or assistance from Rural Development that offers any assurance or security upon which Rural Development relies for the granting of such benefit or assistance, shall not be entitled to claim or assert any local immunity, privilege, or exemption to defeat the obligation such party incurred in obtaining or assuring such Federal benefit or assistance. (e) The liability of an auctioneer for conversion of personal property mortgaged to Rural Development shall be determined and enforced in acceptance with the applicable Federal law. “Auctioneer” for the purpose…
7:7:12.1.2.7.10.4.1.1 7 Agriculture XVIII H 1900 PART 1900—GENERAL D Subpart D—Processing and Servicing Rural Development Assistance to Employees, Relatives, and Associates   § 1900.151 General. RHS     [58 FR 224, Jan. 5, 1993, as amended at 71 FR 38979, July 11, 2006; 80 FR 9867, Feb. 24, 2015] (a) The Standards of Ethical Conduct for Employees of the Executive Branch requires the maintenance of high standards of honesty, integrity, and impartiality by employees. To reduce the potential for employee conflict of interest, any processing, approval, servicing or review activity, including access through automated information systems, is conducted only by authorized Rural Development employees who: (1) Are not themselves the recipient. (2) Are not members of the family or known close relatives of the recipient. (3) Do not have an immediate working relationship with the recipient, the employee related to the recipient, or the employee who would normally conduct the activity. (4) Do not have a business or close personal association with the recipient. (b) No provision of this subpart takes precedence over individual program requirements or restrictions relating to eligibility for Rural Development assistance to Rural Development employees, members of families of employees, close relatives, or business or close personal associates of employees. (c) The determination of a case's need for special handling under the provisions of this subpart is not an adverse action and, therefore, is not subject to appeal. (d) The provisions of this subpart do not apply to the Farm Service Agency. The relevant regulations applicable to the Farm Service Agency can be found at 5 CFR parts 2635 and 8301.
7:7:12.1.2.7.10.4.1.2 7 Agriculture XVIII H 1900 PART 1900—GENERAL D Subpart D—Processing and Servicing Rural Development Assistance to Employees, Relatives, and Associates   § 1900.152 Definitions. RHS     [58 FR 224, Jan. 5, 1993, as amended at 80 FR 9867, Feb. 24, 2015] Applicant or borrower. All persons or organizations, individually or collectively, applying for or receiving insured or guaranteed loan or grant assistance from or through Rural Development. Referred to as recipient. Assistance. Loans or grants made, insured or guaranteed, or serviced by Rural Development. Associates. All persons with whom an employee has a business or close personal association or immediate working relationship. Business association. Business relationship between those with an identity of financial interest; including but not limited to a business partnership, being an officer, director, trustee, partner or employee of an organization, or other long-term contractual relationship. Close personal association. Social relationship between unrelated residents of the same household. Close relatives. The spouse, relatives and step-relatives of an employee or the employee's spouse, including Grandmother, Grandfather, Mother, Father, Aunt, Uncle, Sister, Brother, Daughter, Son, Niece, Nephew, Granddaughter, Grandson, and First Cousin. Conflict of interest. A situation (or the appearance of one) in which one could reasonably conclude that a Rural Development employee's private interest conflicts with his or her Government duties and responsibilities, even though there may not actually be a conflict. Employee. All Rural Development personnel, including gratuitous employees and those negotiating for or having arrangements for prospective employment, except as otherwise specifically stated. For the purposes of this instruction only, the term also refers to county or area committee members, elected or appointed, and to closing agents who, although they are not employees, have a special relationship to Rural Development and therefore should be subject to these provisions. Immediate working relationship. A relationship between a subordinate and a supervisor in a direct line, or between co-workers in the same office. For the purposes of this subpart, the relationships among a County Supervisor a…
7:7:12.1.2.7.10.4.1.3 7 Agriculture XVIII H 1900 PART 1900—GENERAL D Subpart D—Processing and Servicing Rural Development Assistance to Employees, Relatives, and Associates   § 1900.153 Identifying and reporting an employee relationship. RHS     [80 FR 9867, Feb. 24, 2015] (a) Responsibility of applicant. When an application for assistance is filed, the processing official asks if there is any known relationship or association with a Rural Development employee. The applicant is required to disclose the requested information under pertinent program regulations. (b) Responsibility of the Rural Development employee. A Rural Development employee who knows he or she is related to or associated with an applicant or recipient, regardless of whether the relationship or association is known to others, is required to notify the Rural Development official who is processing or servicing the assistance, in writing. RD Guide Letter 1900-D-1 (available in any RD office) may be used as the notice. If the appropriate official is not known, the State Director should be notified. Regardless of whether the relationship or association is defined in § 1900.152, if the employee believes there may be a potential conflict of interest, the Rural Development official who is processing or servicing the assistance may be notified and special handling requested. An employee's request that the case receive special handling is usually honored. (c) Responsibility of the Rural Development official. When any relationship or association is identified, the Rural Development official completes and submits RD Guide Letter 1900-D-2 to the State Director (or Administrator, under paragraph (e) of this section or § 1900.155(a)). When completed, RD Guide Letter 1900-D-3 is returned by the State Director, the processing official; (d) Relationship or association established after application for Rural Development assistance. If a relationship or association is established after an application has been filed or assistance has been provided, both recipient and employee are required to notify the Rural Development official as described in paragraphs (a) and (b) of this section. (e) Relationship or association with a State Office, Finance Office or National Office employee. If an identified relationship or associatio…
7:7:12.1.2.7.10.4.1.4 7 Agriculture XVIII H 1900 PART 1900—GENERAL D Subpart D—Processing and Servicing Rural Development Assistance to Employees, Relatives, and Associates   § 1900.154 Determining the need for special handling. RHS       The State Director (or Administrator, under § 1900.153(e) or § 1900.155(a) of this subpart): (a) [Reserved] (b) Determines whether the reported relationship or association is defined in § 1900.152 of this subpart and would violate the provisions of § 1900.151(a) of this subpart, (c)-(f) [Reserved]
7:7:12.1.2.7.10.4.1.5 7 Agriculture XVIII H 1900 PART 1900—GENERAL D Subpart D—Processing and Servicing Rural Development Assistance to Employees, Relatives, and Associates   § 1900.155 Designating the processing/servicing official. RHS     [58 FR 224, Jan. 5, 1993, as amended at 80 FR 9868, Feb. 24, 2015] (a) Designating an official with equivalent authority. The State Director (or Administrator, under § 1900.253(e) of this subpart or this paragraph) designates a nonrelated or nonassociated Rural Development official authorized to conduct the activity under program regulations, established delegation of authority and approval authority under subpart A of part 1901 of this chapter, and whose duty station is most convenient to the recipient and to the security property. A type and/or amount of assistance processed or serviced by a County Supervisor or at a County Office should be assigned only to another County Supervisor or County Office. A type and/or amount of assistance processed or serviced by a District Director or at a District Office should be assigned only to another District Director or District Office. (b) County Committee. For processing or servicing decisions to be made by a County Committee, if the recipient is a member, a different County Committee is designated. If the recipient is related to or associated with the member, notwithstanding the provisions of § 1900.151(a)(3) of this subpart, the State Director may permit the decision to be made by the local committee, if the related/associated member abstains. (c) [Reserved]
7:7:12.1.2.7.10.4.1.6 7 Agriculture XVIII H 1900 PART 1900—GENERAL D Subpart D—Processing and Servicing Rural Development Assistance to Employees, Relatives, and Associates   § 1900.156 Special handling—processing. RHS     [58 FR 224, Jan. 5, 1993, as amended at 80 FR 9868, Feb. 24, 2015] (a) [Reserved] (b) Eligibility determination. The designated processing official reviews the application and develops additional data as necessary. Upon determination of whether the assistance will be provided, the designated processing official notifies the applicant of the decision in writing under program regulations, subpart A of part 1910 of this chapter, and subpart B of part 1900. If the determination is favorable, unless otherwise designated, the complete application is returned to the original processing official for docket preparation. If the determination is unfavorable, the designated processing official as decisionmaker participates in the appeal process to its conclusion. (c)-(e) [Reserved] (f) Closing agent. Unless there is a clear or apparent conflict of interest, closing will be at a location and by a closing agent chosen by the recipient. (g) Supervised bank account. Unless there is a clear or apparent conflict of interest, any supervised bank account (or construction account) is established at a financial institution chosen by the recipient under subpart A of part 1902 of this chapter. Countersignature authority is delegated only to a nonrelated or nonassociated Rural Development official. (h) Construction inspection. Construction inspections are delegated to a nonrelated or nonassociated employee authorized to conduct inspections, whose duty station is nearest the construction site. The designated processing/servicing official notifies the builder (or architect/engineer) in writing of how and from whom to request inspections.
7:7:12.1.2.7.10.4.1.7 7 Agriculture XVIII H 1900 PART 1900—GENERAL D Subpart D—Processing and Servicing Rural Development Assistance to Employees, Relatives, and Associates   §§ 1900.157-1900.200 [Reserved] RHS        

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CREATE TABLE cfr_sections (
    section_id TEXT PRIMARY KEY,
    title_number INTEGER,
    title_name TEXT,
    chapter TEXT,
    subchapter TEXT,
    part_number TEXT,
    part_name TEXT,
    subpart TEXT,
    subpart_name TEXT,
    section_number TEXT,
    section_heading TEXT,
    agency TEXT,
    authority TEXT,
    source_citation TEXT,
    amendment_citations TEXT,
    full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);
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